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HomeMy WebLinkAbout04-2073Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA I~ NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KENNETH R. NADLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW KATHLEEN L. NADLER, : 04 - ~TJ CIVIL TERM Defendant : : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed against you and a decree in 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 with your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER' S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166BY ~~~ Andrew C. Sheely, Esquire PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff Andrew C. Sh~ely, Esquire P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 52469 717-697-7050 (Phone) 717-697-7065 (Fax) KENNETH R. NADLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW KATHLEEN L. NADLER, : 04 - ~7~ CIVIL TERM Defendant : : IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is KENNETH R. NADLER, an adult individual who currently resides at 1605 Kathryn Street, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is KATHLEEN L. NADLER, an adult individual who resides at 1605 Kathryn Street, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fida residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 19, 1979, in New Cumberland, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. Plaintiff has been advised of the availability of marriage counseling and understands that he may have the right to request that the court require the parties hereto to participate in counseling. 8. The marriage between the parties is irretrievably broken. 9. This action is not collusive. 10. The parties separated on or about April 13, 2004. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant absolutely. COUNT II. CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 11. The allegations in Paragraphs 1 through and including 10 are incorporated herein and made a part hereof. 12. Plaintiff and Defendant are the owners of various personal property, motor vehicles, bank accounts and other assets acquired during their marriage. 13. Plaintiff and Defendant are the owners of real property acquired during their marriage. 14. Plaintiff and Defendant have acquired various marital debt during the period of their marriage. WHEREFORE, Plaintiff requests your Honorable Court equitably distribute the parties marital property and including any such further relief as the Court may determine equitable and just. Date: May 7, 2004 Andrew C. ~.. , ~~heely~'~,~rx Attorney for Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 2 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Andrew C. Sheely, Esquire 127 S. Market S%ree% P.O. Box 95 Meehanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-597-7065 (Fax) KENNETH R. NADLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERL~_ND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW KATHLEEN L. NADLER, : 04 - CIVIL TERM Defendant : : IN DIVORCE AFFIDAVIT Kenneth R. Nadler, being duly sworn according to law, deposes and says: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to author itl es. ~h~/~ K enne R. N a erb/~J-'/7/-~' Andrew C. Sheely, Esquire 127 S. Market Street P.O. BOX 95 Mechanicsburg, PA 17055 PA ID NO, 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KENNETH R. NADLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW KATHLEEN L. NADLER, : 04 - 2073 CIVIL TERM Defendant : : IN DIVORCE ACCEPTANCE OF SERVICE I, Kathleen L. Nadler, an adult individual and Defendant in the above-captioned matter, hereby accept service of the divorce complaint filed in the above-captioned matter. Date: May l0 , 2004 Kathleen L. Nadler Andrew C. Sbeely, Esquire 127 S. Narket Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KENNETH R. NADLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW KATHLEEN L. NADLER, : 04 - 2073 CIVIL TERM Defendant : : IN DIVORCE STIPULATION AND ORDER FOR DXVISXON OF MACKIN ENGXNEERING 401 (K) PLAN ADMINISTERED BY DAILYACCESS CORPORATION (DAC) OUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~--~ day of d S~.DU~ , 2004, in accordance with the agreement and s pulation of the parties, it is hereby Ordered and Decreed as follows: 1. Kenneth R. Nadler, Plaintiff, (hereinafter referred to as "Participant" has earned benefits under the Mackin Engineering Company Profit Sharing and 401 (k) Plan and Trust (hereinafter referred to as the "Plan"). Participant and Kathleen L. Nadler (hereinafter referred to as "Alternate Payee") intend, by this Stipulation and Order, to allocate these benefits between them. 2. This Stipulation and Order is intended to be a Qualified Domestic Relations Order ("QDRO"), as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended ("Code") and Section 206 of the Employee Retirement Income Security Act of 1974, as amended, ("ERISA"). 3. Social Security Numbers, dates of birth and current addresses for Participant and Alternate Payee are set forth below: PARTICIPANT - Kenneth R. Nadler Social Security Number 206-46-9664 Date of Birth: November 25, 1954 Address: 1324 Norway Maple Court New Cumberland, PA 17070 ALTERNATE PAYEE - Kathleen L. NadXer Social Security Number 196-48-4025 Date of Birth: June 28, 1957 Address: 1605 Kathryn Street New Cumberland, PA 17070 4. The current address of the Plan Provider (3rd Party Administrator) is set forth below: The Plan Name= DailyAccess Corporation (DAC) 3101 International Drive Building 6, Suite 600 Mobile, AL 36606-3099 5. Participant, Alternate Payee and the Plan are each ordered to keep one another timely apprised of their current addresses for receipt of notices. ALTERNATE PAYEE'S INTEREST IN THE PLAN 6. Alternate Payee's Plan interest ("Plan Interest") shall be Seventy Thousand Dollars ($70,000.00) of the total value of the Participant's vested account(s) in the Plan as of the Date of this Order. 2 7. In the event Alternate Payee does not request or receive an immediate distribution from the Plan as soon as administratively feasible after this Order is determined to be a QDRO by the Plan Administrator, the Alternate Payee's Plan Interest plus the earnings/losses attributable to such Interest from the date Alternate Payee's Plan Interest is determined to the date of segregation, shall be segregated in a separate account for Alternate Payee to be held by the Plan until distribution. Such separate account will be credited with its allocable share of the income and losses of the Plan but shall not be credited with any future contributions or forfeiture. Alternate Payee shall have the same ability to designate the investment of the amounts in the Alternate Payee's separate account as the Participant would otherwise have had with respect to those amounts. In accordance with the terms of the Plan, at such time as Alternate Payee may request in writing or as otherwise required under the Internal Revenue Code, the Plan shall distribute the amount in Alternate Payee's separate account to Alternate Payee in a single lump sum payment or in such other form of benefit permitted under the Plan and selected by the Alternate Payee. In no event shall benefits be paid in the form of a qualified joint and survivor annuity. 8. Alternate Payee may designate a beneficiary on the appropriate form provided by the Plan Administrator to receive Alternate Payee's Plan Interest in the event of Alternate Payee's death prior to distribution of such Plan Interest. In the event that Alternate Payee dies prior to payment of Alternate Payee's Plan Interest pursuant to this order, such Plan Interest shall be paid to Alternate Payee's designated beneficiary, if any, otherwise to Alternate Payee's estate. 9. Each party shall be responsible for and pay any taxes due in connection with his or her receipt of distribution from the Plan. The Plan shall withhold applicable federal and state income taxes on any direct distribution to Alternate Payee as required by law. MISCELLANEOUS 10. From the date of this Order and thereafter, the Participant shall have no further right or interest in any portion of the benefits under the Plan which are assigned to the Alternate Payee pursuant to this Order. 11. While it is anticipated that the Plan will pay directly to Alternate Payee the benefit awarded to her, Participant is designated a constructive trustee to the extent he receives any benefits under the Plan that are due Alternate Payee. If Participant receives any of the benefits due Alternate Payee under the Plan, Participant is ordered and decreed to pay the benefit defined above directly to Alternate Payee within ten (10) days after receipt. 12. This Order is made pursuant to the domestic relations law of the Commonwealth of Pennsylvania as it relates to the provision of marital property rights as defined therein between spouses in actions for divorce. 13. The Plan shall not be required by the terms of this Order to provide any type or form of benefit, or any option, not otherwise provided under the Plan, nor to increase the amount of any benefits the Plan provides. This Order shall not require the Plan to provide benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined to be a QDRO, within the meaning of Section 414(P) of the Code and Section 206(D) of ERISA. In the case of any conflict between the terms of the Plan and the terms of this Order, the terms of the Plan shall prevail. 14. This Order shall not constitute QDRO until such time that the Plan Administrator determines that the Order is qualified under Section 414(P) of the Code and Section 206(D) of ERISA. 15. Each party shall, upon receiving a request, perform any act reasonably necessary to carry into effect or verify the carrying into effect of the terms of this Order. 16. The Court retains jurisdiction to amend this Order for the purpose of establishing or maintaining this Order as a Qualified Domestic Relations Order and/or to effectuate the parties' intentions. 5 THE FOREGOIRG IS AGREED TO ,~ATE,~** ~//~/ / / R. Nadler, pant L. , Alternate Payee BY THE COURT, Andrew C. Sheely, Esquire 127 S. Market Street P.O. EON 95 Mechanicsburg~ PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KENNETH R. NADLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW KATHLEEN L. NADLER, = 04 - 2073 CIVIL TERM Defendant : : IN DIVORCE ORDER OF COURT IN RE: ALIMONY AND NOW, this ~day of ~ , 2004, is hereby Ordered and Decreed that Plaintiff, Kenneth R. Nadler, shall pay to Defendant, Kathleen L. Nadler, as alimony, the sum of EIOHTEEN HUNDRED DOLLARS ($1,800.00) PER MONTH, payable on the first day of each month, commencing on September 1, 2004 and continuing through August 31, 2009. Commencing on September 1, 2009, Plaintiff shall pay to Defendant as alimony the sum of FIFTEEN HUNDRED DOLLARS ($1,S00.00) PER MONTH, payable on the first day of each month. Plaintiff and Defendant shall cooperate with setting up bank or other accounts so as to provide for the payment of alimony herein by automatic or electronic transfer to Defendant's bank or other account as directed by Defendant. Ail payments of Alimony herein shall be made in accordance with and subject to the provisions of paragraph 13 of the attached Post Nuptial Settlement Agreement, which shall be incorporated but not merged in the Divorce Decree. BY THE COURT, Andrew C. Sheely, Esquire Attorney for Kenneth R. Nadler, Plaintiff Kathleen L. Nadler, Pro Se 9~ :8 :;8/ 01 d~S hGOZ POST NUPTIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this /~day of May, 2004, by and between KENNETH R. NADLER, hereinafter referred to as "Husband", KATHLEEN L. NADLEN, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 19, 1979; and 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 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, the parties intending to be legally bound hereby do covenant and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes of their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 4. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Andrew C. Sheely, Esquire of 127 South Market Street, Mechanicsburg, Pennsylvania, for Husband, Barbara Sumple-Sullivan, Esquire of 549 Bridge Street, New Cumberland, Pennsylvania, for Wife. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this Agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 5. MARITAL AND NON-MARITAL PROPERTY The parties hereto acknowledge that during their marriage they have acquired, individually or jointly, various marital assets and the increased value of non-marital assets and property, including the following assets and marital debts: (A) Jointly owned real estate located at 1605 Kathryn Street, New Cumberland, (Borough of New Cumberland), Cumberland County, Pennsylvania, with an estimated value of $275,000.00; and (B) Husband's 401 (k) with LeggMason with a current estimeted pre-tax value of $140,000.00; and (C) Husband's IRA with a current pre-tax value of $4,170.00; and (D) Wife's IRA with a current, pre-tax value of $550.00; and (E) TD Waterhouse Institutional Joint Mutual Funds or the proceeds thereof with an estimated value of $26,900.00; and (F) TD Waterhouse Institutional Joint Stock Account or the proceeds thereof with an estimated value of $72,000.00; and (G) Joint Commerce Bank Checking Account #0032080210 with an estimated value of $1,412.44; and (H) Joint Waypoint Bank Account #703011603 with an estimated balance of $9,777.70; and (I) Joint Waypoint Bank Christmas Account #014286XMas with an estimated balance of $1,200.00; and (J) Joint Waypoint Bank Vacation Account #000178Vacation with an estimated balance of $2,880.00; and (K) Wife's ING Security Life Insurance policy number 610003483 with an estimated cash surrender value of $2,786.09; and (L) Husband's ING Security Life Insurance policy number 610003484 with an estimated cash surrender value of $3,005.16; and (M) Husband Variable Universal Life Insurance Policy number WHM8175300 with an estimated cash surrender value of $3,483.94; and (N) 2000 volkswagen Cabriolet; and (0) Miscellaneous personal property, including furniture, personal items, dishes, tools, jewelry, increase in value of non-marital property, equipment, coins and cash; and (P) Chemical Bank, now Chase Mortgage Loan Number 0090240090 encumbering the jointly owned real estate at 1605 Kathryn Street, New Cumberland, Pennsylvania, with an estimated payoff of $56,783.83; and (Q) waypoint Bank Line of Credit Account Number 2307028360 encumbering the jointly owned real estate at 1605 Kathryn Street, New Cumberland, Pennsylvania, with an estimated payoff of $8,188.00; and (R) volkswagen Credit Installment Agreement encumbering the title to a 2000 VW Cabriolet with an estimated payoff of $5,500.00; and (S) Husband's Term American Society of Civil Engineers (ASCE) Term Life Insurance Policy; and (T) Four (4) Cemetery Lots in Rolling Green Cemetery, Lower Allen Township, Cumberland County, Pennsylvania. Husband and Wife acknowledge that they are aware of their respective rights pursuant to the Divorce Code of 1980, as amended, to obtain formal valuations or appraisals of the marital residence, any and all retirement assets, and other items of marital property. However, the parties agree that they will not undertake this expense and acknowledge that no financial 4 disclosures are attached to this agreement as separate exhibits or schedules. The parties hereby waive any necessity for completing or attaching any financial disclosure(s). Each party warrants and represents to the other that they have mede a full and fair disclosure of all assets and that the assets and liabilities referenced and included in this Agreement constitute an exclusive listing of all assets acquired during marriage. Each party further acknowledges the opportunity to attach a full and complete financial disclosure and that such disclosure is not desired to effectuate a fair and equitable resolution of their marital rights, duties and obligations as provided in the Divorce Code of 1980, ~s amended. 6. PERSONAL PROPERTY, BANK ACCOUNTS AND MISC. ITEMS A. Personal Contents: Husband and Wife hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property is heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possessions of each of the parties hereto. Husband and Wife agree that they have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. B. Checkina/Savinas Accounts/Joint Mutual Fund~ The parties hereto acknowledge and agree that any and all savings and checking 5 accounts, as well as Christmas and Vacation Accounts, owned by them jointly or singly, as identified in subparagraphs 5 (G), (H), (I), and (J) have been divided to their mutual and individual satisfaction. The parties further represent that the TD Waterhouse Institutional Joint Mutual Funds identified in subparagraphs 5(E) and (F) shall be liquidated and distributed to the mutual and individual satisfaction prior to or within thirty (30) days after execution of this Agreement. C. Rolling Green Cemetery Lots Husband and Wife agree that Wife shall be entitled to receive or own three (3) cemetery lots currently held in ownership by the parties as husband and wife, or jointly, and Husband shall be entitled to receive one (1) cemetery lot currently held by the parties as husband and wife, or jointly. Costs, if any, to effectuate said transfer or division shall be borne equally by the parties. Husband and Wife shall fully cooperate with the transfer of the cemetery lots. D. Intent of Division The division of existing marital property is not, except as otherwise expressly provided herein, intended by the parties to constitute in any way, a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of an equitable division of the marital properties and the marital settlement herein contained, the parties hereto agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. 7. REAL ESTATE 1605 Kathryn Street. New Cumberland, Pennsylvania (i) Transfer Husband agrees to transfer by deed, any and all legal and/or equitable right, title and interest in and to the 6 parcel of jointly-owned real estate with improvements thereon situate at 1605 Kathryn Street, New Cumberland (Borough of New Cumberland), Pennsylvania, (Deed Book "N", Volume "31", Page "837") to Wife, and to sign all documents necessary to effect said transfer of any equitable or legal interest in such property to Wife on or before the signing of this Agreement. Further, upon execution of this Agreement, Husband waives any and all interest in the marital real estate located at 1605 Kathryn Street, New Cumberland (Borough of New Cumberland), Pennsylvania. Wife shall full assume sole responsibility for any and all tax, utility, sewer and trash lien encumbering the property as of the date of this Agreement. A copy of the proposed deed is attached hereto as Exhibit "A" and a recent current owner title search on the real estate is attached hereto as Exhibit "B". (ii) Chase ~Chemical Bank} Mortaaae and Waypoint Bank Line of Credit Husband and Wife agree that the prior Chemical Bank now Chase Mortgage identified in paragraph 5(P) and the Waypoint Bank Line of Credit identified in paragraph 5(Q) shall be fully paid and in the process of satisfaction or satisfied prior to execution of this Agreement and the transfer of the parties real estate as identified in the preceding paragraph. Upon demand of either party or counsel, Husband and Wife shall provide proof of payment of said mortgage payoff and line of credit payoff prior to execution of this Agreement. Husband and Wife further agree to provide Waypoint Bank with a joint letter advising the bank to close the line of credit simultaneously with submitting the payoff for such debt, if requested. Any and all escrows forwarded to Husband and Wife or Husband shall be endorsed by the respective parties and delivered to Wife. 8. (A) HUSBAND'S 401 (k) retirement plan and Wife's IRA (i) Husband and Wife acknowledge that Husband has acquired a 401 (k) plan through his employer, Mackin Engineering Company, said plan identified in paragraph 5 (B) above. Husband and Wife acknowledge that the entire value of Husband's 401 (k) plan is marital property and that Wife is entitled to a portion of Husband's retirement plan in accordance with the laws of the Commonwealth of Pennsylvania relating to equitable distribution of marital property. For purposes of distributing marital assets and debts as contemplated within this Post-Nuptial Settlement Agreement, Husband and Wife agree that Wife's interest in said 401 (k) plan shall be Seventy Thousand Dollars ($70,000.00), a pre-tax distribution value. (ii) Husband and Wife acknowledge that it is their intent to establish a separate 401 (k) account and roll-over or transfer the sum of Seventy Thousand Dollars ($70,000.00.) to an existing or new 401 (k) plan as may be available or created by Wife, without penalty. In order to accomplish said transfer or rollover, Husband acknowledges that he shall contact the plan provider and obtain the necessary documents to accomplish the transfer of Seventy Thousand Dollars ($70,000.00.) to an account in or created in Wife's name. Husband and Wife further agree to assist with and execute a Qualified Domestic Relations Order or Domestic Relations Order as determined, directed and required by the Plan Provider in accordance with this paragraph. Upon the establishment of a separate or new account in Wife's name, such separate or new account will be credited or funded with its allocable share of Seventy Thousand Dollars ($70,000.00), and no additional sum or sums shall be credited or paid to Wife's account from Husband or the Plan unless required by the Plan Provider and agreed to by Husband. Husband shall be entitled to full and complete ownership of the remaining amount included within his 401 (k) plan identified in paragraph 5 (b) above. A Qualified Domestic Relations Order shall be entered in similar form, subject to Plan and Court approval, in the format in the document attached hereto as Exhibit "C". Transfer of such sum or sums shall occur as conveniently may occur upon the entry of an Order of Court. B. Husband shall be entitled to full and complete ownership of the remaining amount included within his I~A identified in paragraph 5 (c) above without further claim from Wife and Wife shall be entitled to full and complete ownership of her IRA as identified in paragraph 5 (d) without further claim from Husband. 9. SATISFACTION OF DEBTS. LIABILITY NOT LISTED~ Husband and Wife acknowledge that they have incurred various marital,(joint and separate) debts prior to separation. Husband and Wife agree that Husband shall assume full liability and hold Wife harmless from any liability for any and all consumer or other debt in Husband's name. Husband and Wife agree that Wife shall assume full liability and hold Husband harmless from any liability for any and all consumer or other debt in Wife's name. Specifically, Husband and Wife agree that the Volkswagen Credit account number 804531211 encumbering the title to the 2000 Volkswagen Cabriolet shall be fully satisfied as of the date of this Agreement. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 10. WARRANTY AS TO FUTURE OBLIGATIONS~ Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date o£ execution of this 9 Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from the claims of the other party. 11. WAIVERS OF CLAIMS AGAINST ESTATE: Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will at the request of the other, execute or acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. A. This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary in any Will or other document, whether written in the past or in the future. B. This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary of any insurance policies whether effected in the past or in the future. 12. TEMPORARY SPOUSAL SUPPORT (a) Husband and Wife agree that Husband shall pay Wife as temporary spousal support the sum of EIGHTEEN HUNDHED DOLLARS ($1,800.00) PER MONTH, payable on the first day of June 2004 and continuing through August 31, 2004 or upon the entry of a Decree of Divorce, whichever occurs first, whereupon payments required under this paragraph 12 shall terminate. (b) Husband and Wife hereby acknowledge that spousal support 10 required pursuant to this paragraph 12 shall not be subject to any increase or decrease in amount and/or duration. (c) This Agreement has been negotiated on the agreement that the spousal support payments described in this Paragraph 12 will be deductible by Husband and taxable to Wife. Therefore, it is the intention, understanding and agreement of the parties that the payments described in this Paragraph 12, to the extent permitted by law, shall constitute "periodic" payments payable by reason of the "marital or family relationship" of the parties, as those terms are defined in Section 71 of the Internal Revenue Code of 1954, as amended, and accordingly that all such payments shall be included in wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code of 1954, as amended, respectively. Wife agrees to report payments received under this Paragraph 12 in her gross income for federal and, if applicable, for local and state income tax purposes. Wife shall be solely responsible for any and all income taxes with respect to any payments received by her as alimony as required by this Paragraph 12. (d) Husband and Wife agree that either party may petition the Court of Conunon Pleas at any time, including after the entry of a Decree in Divorce, to reduce the terms of this paragraph 12 to an Order of Court. 13. ALIMONY: (a) Husband is currently employed by Mackin Engineering Company wherein he earned gross income in 2003 in the amount of $114,240.31. Wife is currently employed by Joshua M. Greenberg, DMD, P.C., wherein she earned gross income in 2003 in the amount of $18,173.24. In recognition of the criteria set forth in 23 Pa. Cons. Stat. Ann., S 3701 et seq., Husband agrees to and shall pay to Wife as alimony the sum of EIGHTEEN HUNDRED DOLLARS ($1,800.00) PER MONTH, payable on the first day of each month, commencing on 11 September 1, 2004 and continuing through August 31, 2009. Commencing on September 1, 2009, Husband agrees to and shall pay to Wife as alimony the sum of FIFTEEN HUNDRED DOLLARS ($1,500.00) PER MONTH, payable on the first day of each month. Husband and Wife shall cooperate with setting up bank or other accounts so as to provide for the payment of alimony herein by automatic or electronic transfer to Wife's bank or other account as directed by Wife. In the event electronic transfer is not available, nothing herein shall prevent such payment to be made directly from Husband to Wife by check. A proposed Alimony Order is attached hereto as Exhibit "D". (b) Husband and Wife hereby acknowledge that Alimony shall not be subject to any increase in amount and/or duration, and that Alimony shall be subject to a decrease in amount and/or duration only in the event of one of the following~ (i) In the event Husband's employment income is involuntarily decreased or reduced below $100,000.00 per annum, at no fault of husband, the alimony amount set forth above shall be reduced pro-rata; and/or (ii) In the event of Husband's disability or Husband is disabled, alimony shall cease for the period of disability of the period during which Husband is disabled. For purposes of this subparagraph, "disability" or "disabled" means that Husband shall have physical, mental or emotional limits caused by a current sickness or injury, and due to these limits, Husband is not able to perform the major duties of his current occupation or any gainful work in the area of his current occupation and established level of income. Disability or Disabled shall not include any period where Husband performs any work for a wage or profit, where Husband earns or is able to earn income in an amount greater than an amount paid by disability insurance 12 policy, or where Husband is able to work for 40 hours per week. In no event shall Husband' voluntary loss of his professional or occupational license constitute a disability. (iii) In the event of the death of either party, alimony shall terminate; and/or (iv) In the event of the remarriage of Wife, or Wife's cohabitation with a unrelated person of the opposite sex, alimony shall terminate; and/or. (v) Alimony shall forever cease as of August 31, 2019. (vi) In no event shall such alimony payments be construed as a claim upon or against Husband's Estate. (c) This Agreement has been negotiated on the agreement that the alimony payments described in this Paragraph 13 will be deductible by Husband and taxable to Wife. Therefore, it is the intention, understanding and agreement of the parties that the payments described in this Paragraph 13, to the extent permitted by law, shall constitute "periodic" payments payable by reason of the "marital or family relationship" of the parties, as those terms are defined in Section 71 of the Internal Revenue Code of 1954, as amended, and accordingly that all such payments shall be included in wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code of 1954, as amended, respectively. Wife agrees to report payments received under this Paragraph 13 in her gross income for federal and, if applicable, for local and state income tax purposes. Wife shall be solely responsible for any and all income taxes with respect to any payments received by her as alimony as required by this Paragraph 13. (d) Husband and Wife agree that this Agreement shall be 13 reduced to an Order of Court and entered as part of the Decree in Divorce, and both parties shall cooperate in reducing such to an Order of Court, if required or demanded. 14. ~EALTH INSURANCE: Husband and Wife acknowledge that Wife's health insurance through Husband's employer shall cease upon the entry of a final divorce entered in any pending divorce action. Husband and Wife further acknowledge that Wife may be entitled to continued health through Husband's employer in accordance with Federal law at a single COBRA rate. Wife agrees that the payment of the alimony as set forth in the proceeding paragraph has been negotiated in contemplation that Wife will pay for her health insurance, without assistance from Husband, upon the entry of a Decree in Divorce. 15. LIFE INSURANCE: The parties acknowledge and agree that Husband's life insurance policy identified above in paragraph 5(M) sha~l be liquidated and retained by Husband. Life insurance policies identified paragraph 5 (K) and (L) shall be maintained by each party in his or her respective names. In addition, Husband shall designate Wife as beneficiary of his American Society of Civil Engineers (ASCE) Term Life Insurance Policy insuring his life at a beneficiary amount not to exceed Three Hundred Thousand Dollars ($300,000.00) for a period of one year commencing on September 1, 2004. Thereafter, Husband and Wife agree that Husband may reduce the beneficiary amount by twenty thousand dollars ($20,000.00) on an annual basis, said reduction in benefit to occur on September 1 (the anniversary date) of each year. Husband shall have no obligation to provide any life insurance to Wife through his American Society of Civil Engineers (ASCE) Term Life Insurance Policy after August 31, 2019, and nothing shall prevent Husband from naming other beneficiaries on such policy during its term, provided the amounts of coverage are afforded to Wife as set forth above. If requested, Husband shall provide Wife with a writing evidencing that a policy of insurance exists naming 14 Wife as beneficiary in an amount consistent with this paragraph. 16. INCOME TAX RETURNS: Each party represents and warrants to the other that they shall file a separate income tax return for tax year 2004 and income tax returns thereafter. Information maintained by one party which is necessary to complete any income tax return shall not be unreasonably withheld upon the request of either party. 17. COLLEGE SUPPORT: Husband and Wife acknowledge that they are the parents of Aaron P. Nadler, an emancipated adult child currently a junior at Juniata College, and Kathryn R. Nadler, an emancipated adult child currently a freshman at Bucknell University. Husband and Wife acknowledge that parents are under no continuing obligation or legal requirement to assist, pay or assume post secondary education (college) tuition, room, board and other miscellaneous costs after the emancipation of their adult children. Notwithstanding such status of the law, Husband will use his best efforts to voluntarily assist with, pay for and assume post-secondary (college) education, tuition, room, board and miscellaneous costs provided that each child continues pursuit of their respective undergraduate degrees. Husband and Wife acknowledge that Husband's desire to assist with such post-secondary (college) education, tuition, room, board and miscellaneous costs is voluntary, and that Husband, at his sole determination, may terminate and/or reduce such payments at any time for any reason whatsoever. Further, Husband and Wife agree that nothing herein shall be construed to contractually bind (by agreement or otherwise) Husband to Wife or Husband to any other person or entity as a third party beneficiary, to require Husband to make, assume and/or pay for any post-secondary (college) tuition, room, board and miscellaneous costs on behalf of either adult, emancipated child. 18. EFFECT ON DIVORCE: The execution and delivery of this Agreement is not predicated upon nor made the subject of any agreement for the institution, prosecution, defense or for the 15 non-prosecution or non-defense of any action for divorce. Nothing in this Agreement, however, shall prevent either Wife or Husband from prosecuting any other action for divorce, either absolute or otherwise, on lawful grounds if such grounds presently exist or may exist in the future or from defending any such action with such defenses as are presently or may in the future become available. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 2004-2073 seeking a divorce decree pursuant to, inter alia, SS 3301(c) and 3301(d) of the Divorce Code. It specifically is understood and agreed by and between the parties and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, the parties acknowledge that their marriage is irretrievably broken and that they do not desire marital counseling. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions including executing the appropriate waivers of notice of the master's hearing, right to file exceptions, and right to file appeal) necessary to assure that a divorce pursuant to Section 3301(c) of the Divorce Code is entered as soon as possible, but in any event no later than September 1, 2004. To that end, the parties have executed and agree to promptly file the affidavits required to obtain a divorce pursuant to S 3301(c) of the Divorce Code. If, after the execution of this agreement, either party delays or contests the obtaining of a final, unappealed divorce decree, that party shall be fully responsible for all attorneys' fees, costs and/or expenses incurred as a result of such delay in obtaining the decree. 19. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged and by this Agreement does for himself of herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights 16 or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any and all causes of action for breach of any provisions of this Agreement. 20. WARRANTY OF DISCLOSURE: Husband and Wife represent and warrant that they have disclosed to each other the full extent of their assets, income and liabilities. Each party has had ample opportunity to review the financial condition of the other and each party agrees not to challenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets or income. 21. MOTOR VEHICLES: with respect to the motor vehicles owned by one or both of the parties, Husband and Wife agree as follows: A. The 2000 Volkswagen Cabriolet identified in paragraph 5 (P) above shall be transferred to Wife as soon as conveniently may be done following receipt of the title from the Volkswagen Credit corporation. B. Any and all deposits, credits or prepayments made by Husband towards the leased BMW through BMW Financial Services shall remain the exclusive property of Husband, subject to any existing payments due as part of the lease of said motor vehicle, all of which Husband agrees to assume. 22. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 23. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The 17 parties agree that the terms of this Agreement may be incorporated into any Divorce Decree which may be subsequently entered with respect to them. 24. NON-MERGER: It is the parties' intent that this Agreement does not merge with any subsequent Divorce Decree, but rather, it continues to have independent contractual significance and each party maintains their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as provided by law or statute. 25. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for and recover damages for such breach or seek such other remedies or relief as may be available to him or her. The party breaching this Agreement shall be responsible for the payment of all legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 26. MODIFICATION ANDWAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 27. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. VOLUNTARY EXECUTION: The parties acknowledge that they have received independent legal advice from counsel of their selection or that they have been provided the opportunity to seek 18 independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in 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 agreements. Further, the parties acknowledge that both parties drafted the content and language used in this agreement and that any ambiguity found to exist shall not be construed in favor of one party or against another on the basis of the drafting of this agreement. 29. 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. 30. MUTUAL COOPERATION: Each party shall, at any time and from time to time hereafter, 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. 31. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. For purpose of contract interpretation, this Agreement shall be construed as being prepared by both Husband and Wife. 32. AGREEMENT BINDING ON HEIRS: The terms, provisions and conditions of this Agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective parties hereto, except as otherwise herein provided. 33. ENTIRE AGREEMENT: This Agreement contains the entire 19 understanding of the parties and there are no representations, warrants, covenants or undertakings other than those expressly set forth herein. 34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT 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 WHEP. EOF, the parties have hereunto set their hands and seals the day and year first above written. Witness: ~ Kathleen L. N~dler COMMONWEALTH OF PENNSYLVANIA : : SS. c0uNTY oF : Personal~ly..~p~eared before me, a Notary Public, this /~A~ day of~f_~, 2004, Kenneth R. Nadler, known to me or satisfactorilyproven to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial  Notar~ Public My Commission Exp~-~: ( S~AL ) COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF Personally appeared before me, a Notary Public, this // day of ~ , 2004, Kathleen L. Nadler, known to me or satisfactorily ~rov~to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. //My Commission Expires: (SEAL) [ NOTARIAL SEAL I JAMES E. GREEN. Nota~ Public Camp H~II. Cumberland County IMy Co~sion Expires June 6. 2~5 Exhibit "A" COPY Parcel #26-23-0541-316 THIS DEED, MADE TEE day of May in the year Two Thousand Four (2004) BETWEEN KENNETH R. NADLER and KATHLEEN L. NADLER, his wife, of the Borough of New Cumberland, Cumberland County, Pennsylvania, Grantors, AND KATNLEEN L. NADLER, a married person, of the Borough of New Cumberland, Cumberland County, Pennsylvania Granteez WITNESHETN, that in consideration of ONE DOLLAR ($1.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantee, her heirs and assignsz ALL THAT CERTAIN tract or parcel of land with improvements situate, lying and being in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGXNNING at a point, which point is at the northwest corner of the intersection of Megan Court and Kathryn Street; thence along the northerly right-of-way line of Kathryn Street North fifty-six (56) degrees twenty (20) minutes thirty-seven (37) seconds West a distance of one hundred twenty (120) feet to a point; thence along the dividing line between the premises herein described and Lot No. 33 on the hereinafter mentioned plan of lots North thirty- three (33) degrees thirty-nine (39) minutes twenty-three seconds East a distance of one hundred (100) feet to a point; thence along the dividing line between the premises herein described and Lot No. 31 on the hereinafter m~ntioned plan of lots South fifty-six (56) degrees twenty (20) minutes thirty seven (37) seconds East a distance of one hundred twenty (120) feet to a point; thence along the westerly line of Megan Court South thirty-three (33} degrees thirty-nine (39) minutes twenty-three (23) seconds West a distance of one hundred (100) feet to a point, the point and place of BEGINNING. BEING Lot NO. 32 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, Page 126. CONTAINING 12,000 square feet. HAVING THEREON erected a two-story dwelling unit known and numbered as 1605 Kathryn Street, New Cumberland, Pennsylvania. UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan and under and subject to all other applicable restrictions, reservations, easements and rights-of-way of record including but not limited to a Deolaration dated December 10, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds of cumberland County, Pennsylvania, in Misc. Book Volume 301, Page 372, and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the aforesaid Misc. Book Volu~e 308, Page 372 BEING THE HAME PREMISES which HOMESTEAD SERVICES CORPORA- TION, a Pennsylvania Corporation, by deed dated october 11, 1985, and recorded on October 17, 1985, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 31, Volume "N", Page 837, granted and conveyed unto KENNETH R. NADT.ER and KATNLEEM L. NADLER, his wife, Grantors herein. THIS TRANSFER IS A TRANSFER FROM HUSBAND AND WIFE TO WIFE AND IS THEREFORE EXEMPT PROM THE PAYMENT OF REAT.TY TRANS- FER TAX. AND the said Grantors will warrant SPECIALLY the property being conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the Presence of 6EAL) KENNETH R. NADLBR KATHT.EEN L. NADT.ER COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBEP. LAND : On this, the day of May, 2004, before me, the undersigned officer, personally appeared KENNETH R. NADLER, known to me (or satisfactorily proven )to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA ; .' SS. COUNTY OF CUMBERLAND : On this, the day of May, 2004, before me, the undersigned officer, personally appeared KATHLEEN L. NADLER, known to me (or satisfactorily proven ) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ( SEAL ) Notary Public My Commission Expires.' I do hereby certify that the precise residence and complete post office address of the within named grantee is 1605 Kathryn Street, New Cumberland, PA, 17070. May , 2004 Attorney/Agent for Grantee (N.T.S.) *PLEASE RETURN TO: Kathleen L. Nadler 1605 Ka~hryn Street New Cumberland, PA ~?070 Exhibit "B" ·/'R~STRTI~I'IONS ~ *S ~ ~SubJm to sn~ ~lons, ~ndlfions. ~ervnflon~ ~en~ r~u of way an~or ~)~ lines fll~ with pisa ~ed iff ~an flo~ ~ p8~ 126. //~*SubJ~t ~ D~lnratio, u r~rdd lq MIR. B~k 301~,~ ~///( *SubJ~ ~ Amendment m ~la~flon as r~o~ In ~. Bo ~CELLA~OU9 ~E O~ECTIONS: Non~ I. ~blk and prl~2 ~lhts In *nd ~ ~ ~i~ oft~e p~mhH ~lnl In ~ b~ ofth~ 2. Any Tax ine~se b~ on additional amment m~e by rHmn of n~ ~nstructbn or m~or impr~ements m~e ~ p~mlsea, not ~ due and payable. 3. Envi~nmenMI P~on Liens filed in tM UnI~ SM~ Dlst~et Cou~ a~ not ~eo~ in the Coun~ ~ourt 4. The ~urney oF~e canMn~ · An~ terms and eonditbns of any uureco~ ngrnmen~ or learn ud rllhU of any pmutt ~eupntn. 6. Any provldone or State nnd ~ai ~nM, o~[nnnua and regulations. 7. LlaMilt~ for any work ~nt or reqm~ For wb~h a lien may h ~. 8. Any rlgh~or-w~, ~ments, mt~cflo~ nn~or Maddens ~ n~nrinE In ~e ch~n ~ tldt. 9. The lepl dplflunce H It relnm to any bankruptcy or insolvency ~ 10. S,bJecf to any unMd ~r~rn~ Mzu due on any co,option In fffle, or In prior title. 11. T~S SE~ DOES HOT ~O~IN MY ~TIC ~ORMA~ION-fT ~ YOU R ~SPONSIBIL~' TO ~QUBST ~tS~ ~CHES D~C~Y ~OM ~6TIC RtLATIO~S. ~2. CompanF mumen no ~spomlblll~ or liablll~ hr er~rs with r~e~ to iaduhg made b~ tmun~ employes or the county ~eu in which they a~ employS. Exhibit "C" 127 S. Market P,O. Box 95 KENNETH R. NADLER, ~ IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW KATHLEEN L. NADLER, ~ 04 - 2073 CIVIL TERM Defendant : IN DIVORCE STXPULATXON AND ORDER FOR DXVXSXON OF MACKIN ENOXNBBRING 401 (K) PLAN ADMXNISTERED BY DAILYACCESS CORPORATION (DAC) OUALXFXED DOMESTXC RELATIONS ORDE~ AND NOW, this day of , 2004, in accordance with the agreement and stipulation of the parties, it is hereby Ordered and Decreed as follows~ 1. Kenneth R. N&dler, Plaintiff, (hereinafter referred to as °'Participant- has earned benefits under the Mackin Engineering Company Profit Sharing and 401 (k) Plan and Trust (hereinafter referred to as the "Plan"). Participant and N&thleen L. Nadler (hereinafter referred to as "Alternate Payee") intend, by this Stipulation and Order, to allocate these benefits between them. 2. This Stipulation and Order is intended to be a Qualified Domestic Relations Order ("QDRO"), as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended ("Code") and Section 206 of the Employee Retirement Income Security Act of 1974, as amended, ("ERISA"). 3. Social Security Numbers, dates of birth and current addresses for Participant and Alternate Payee are set forth below= PARTXCXPANT - Kenneth R. NadZer Social Security Number 206-46-9664 Date of Birth= November 25, 1954 Address= 1324 Norway Magle Court New Cumberland, PA 17070 ALTERNATE PAYEE - Kathleen L. Nadler Social Security Number 196-48-4025 Date of Birthc June 28, 1957 Addressx 1605 Kathryn Street New Cumberland, PA 17070 4. The current address of the Plan Provider (3rd Party Administrator) is set forth below: Name: DailyAccess Corporation (DAC) 3101 International Drive Building 6, Suite 600 Mobile, AL 36606-3099 5. Participant, Alternate Payee and the Plan are each ordered to keep one another timely apprised of their current addresses for receipt of notices. ALTERNATE PAYEE'B XNTEREBT IN TEE p~a~ 6. Alternate Payee's Plan interest ("Plan Interest-) shall be Seventy Thousand Dollars ($70,000.00) of the total value of the Participant's vested account(s) in the Plan as of the Date of this Order. 2 7. In the event Alternate Payee does not request or receive an innnediate distribution from the Plan as soon as administratively feasible after this Order is determined to be a 0DR0 by the Plan Administrator, the Alternate Payee's Plan Interest plus the earnings/losses attributable to such Interest from the date Alternate Payee's Plan Interest is determined to the date of segregation, shall be segregated in a separate account for Alternate Payee to be held by the Plan until distribution. Such separate account will be credited with its allocable share of the incom~ and losses of the Plan but shall not be credited with any future contributions or forfeiture. Alternate Payee shall have the same ability to designate the investment of the amounts in the Alternate Payee's separate account as the Participant would otherwise have had with respect to those a~unts. In accordance with the terms of the Plan, at such time as Alternate Payee may request in writing or as otherwise required under the Internal Revenue Code, the Plan shall distribute the a~unt in Alternate Payee's separate account to Al~erna%e Payee in a single lump sum payment or in such other form of benefit permitted under the Plan and selected by the Alternate Payee. In no event shall benefits be paid in the form of a qualified joint and survivor annuity. 8. Alternate Payee may designate a beneficiary on the appropriate form provided by the Plan Administrator to receive 3 Alternate Payee's Plan Interest in the event of Alternate Payee's death prior to distribution of such Plan Interest. In the event that Alternate Payee dies prior to payment of Alternate Payee's Plan Interest pursuant to this Order, such Plan Interest shall be paid to Alternate Payee's designated beneficiary, if any, otherwise to Alternate Payee's estate. 9. Each party shall be responsible for and pay any taxes due in connection with his or her receipt of distribution from the Plan. The Plan shall withhold applicable federal and state income taxes on any direct distribution to Alternate Payee as required by law. 10. From the date of this Order and thereafter, the Part~c~pan~ shall have no further right or interest in any portion of the benefits under the Plan which are assigned to the Alternate Payee pursuant to this Order. 11. While it is anticipated that the Plan will pay directly to Alternate Payee the benefit awarded to her, Participant is designated a constructive trustee to the extent he receives any benefits under the Plan that are due Alternate Payee. If Participant receives any of the benefits due Alternate Payee under the Plan, Participant is ordered and decreed to pay the benefit defined above directly to Alternate Payee within ten (10) days after receipt. 12. This Order is mede pursuant to the domestic relations law of the Commonwealth of Pennsylvania as it relates to the provision of merital property rights as defined therein between spouses in actions for divorce. 13. The Plan shall not be required by the terms of this Order to provide any type or form of benefit, or any option, not otherwise provided under the Plan, nor to increase the amount of any benefits the Plan provides. This Order shall not require the Plan to provide benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined to be a QDRO, within the meaning of Section 414(P) of the Code and Section 206(D) of ERISA. In the case of any conflict between the term~ of the Plan and the terms of this Order, the terms of the Plan shall prevail. 14. This Order shall not constitute QDRO until such time that the Plan Administrator determines that the Order is qualified under Section 414(P) of the Code and Section 206(D) of ERISA. 15. Each party shall, upon receiving a request, perform any act reasonably necessary to carry into effect or verify the carrying into effect of the terms of this Order. 16. The Court retains jurisdiction to amend this Order for the purpose of establishing or meintaining this Order as a Qualified Domestic Relations Order and/or to effectuate the parties, intentions. DATED~ Kenneth R. Nadler, Participant DATED~ Kathleen L. Nadler, Alternate Payee BY THE COURT, 6 Exhibit "D" KENNETH R. NADLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. ~ CIVIL ACTION - LAW KATHLEEN L. NADLER, I 04 - 2073 CIVIL TE~M Defendant = ~ IN DIVORCE ORDBR OP COURT IN Rg: ALIMONy AND NOW, this day of , 2004, is hereby Ordered and Decreed that Plaintiff, Kenneth R. Nadler, shall pay to Defendant, Kathleen L. Nadler, as alimony, the sum of EIGHTEEN HUNDRED OOLLAHS ($1,800.~0) PER MONTH, payable on the first day of each month, commencing on September 1, 2004 and continuing through August 31, 2009. Connuencing on September 1, 2009, Plaintiff shall pay to Defendant as a~imony the sum of FIFTEEN HUNDRED DOLLARE ($X,500.00) PgR MONTH, payable on the first day of each month. Plaintiff and Defendant shall cooperate with setting up bank or other accounts so as to provide for the payment of alimony herein by automatic or electronic transfer to Defendant,s bank or other account as directed by Defendant. All payments of A1/mony herein shall be made in accordance with and subject to the provisions of paragraph 13 of the attached Post Nuptial Settlement Agreement, which shall he incorporated but not merged in the Divorce Decree. BY TEE COURT, Je Andrew C. Sheely, Esquire Attorney for Kenneth R. Nadler, Plaintiff Barbara Sumple-Sullivan, Esquire Attorney for Kathleen L. Nadler, Defendant Andrew C. Sheely, Esquire 127 S. Market Street Mechanicsburg, PA 17055 PA IE. NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KENNETH R. NADLER, z IN TEE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW KATHLEEN L. NADLER, z 04 - 2073 CIVIL TERM Defendant : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 10, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE: ~ Kenne%~' R: Nadler KENNETH R. NADLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW KATHLEEN L. NADLER, : 04 - 2073 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 ¢C) OF THE DIVORCE CODR 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. K~nnet~ ~. Nadler Andrew C. Sheely, Esquire 1~7 S. Market Street P.O. Box 95 Mech~nicsburg, PA 17055 PA IF. NO. ~2469 717-697-7050 (Phone) 717-,~97-7065 (Fax) KENNETH R. NADLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW KATHLEEN L. NADLER, : 04 - 2073 CIVIL TERM Defendant : : IN DIVORCE AFFTDAVI~T. OF CONBEN~T 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 10, 2004. I acknowledge that I accepted service of the divorce complaint on May 10, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statemants herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. Kathieen L. ~adler - CC- 'i Andrew C. Sheely, Esquire 137 S. Market Street P.O. Box 95 Mechani.:sburg, PA 17055 PA ~D NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) KENNETH R. NADLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW KATHLEEN L. NADLER, : 04 - 2073 CIVIL TERM Defendant : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER · 3301 (C) OF THE DIVORCE ~ODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. - I , Kathleen L. Nailer KENNETH R. NADLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW KATHLEEN L. NADLER, : 04 - 2073 CIVIL TE~M Defendant : IN DIVORCE PRARCIPE TO Tua~SMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information to the Court for entry of a Divorce Decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (C) of the Pennsylvania Divorce Code. 2. Date and Manner of service of the complaint: Acceptance of Service by Defendant filed May 10, 2004. 3. compleee either paragraph (a) or (b). (a) Date of execution of affidavit of consent required by Section 3301 (C) of the Pennsylvania Divorce Code: by Plaintiff on August 20, 2004 and by Defendant on August 19, 2004. (b) (1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: Not a licable: (2) Date of filing and service of the plaintiff,s affidavit upon the respondent: Not a licable. 4. Related claims pending: None. A proposed Alimony Order and QDRO are attached together with the marital settlement agreement dated May 10, 2004 which are incorporated but not merged in the Decree in Divorce. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Not apDli~able (b) Date Plaintiff's Waiver of Notice in Section 3301 was filed with the Prothonotary. A~~ (C) Date Defendant's Waiver of Notice in Section 3301 (C) Divorce was filed with the Prothonotary. Ahdrew C. Sheely, E~uire Attorney for Plaintiff INTHE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE Of ~~~, PENNA. KENNETH R. NADLER, PLAINTIFF N O. 04 2073 VERSUS CIVIL ACTION - LAW KATHLEEN L. NADLER, IN DIVORCE DEFENDANT DECREE in DIVORCE AND NOW, 2(.X)4 , IT IS ORDERED AND KENNETH R. NADLER DECREED THAT , PLAINTIFF, KATHLEEN L. NADLER AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICh HAVE BEEN RAISED OF RECORD In THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; The Marital Settlement Agreement dated May 10, 2('X)4. Order of Court regarding Alimon.v and Qualified Domestic Relations Order are incorlx}mted but not merged in this Decree in Divorcc.