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HomeMy WebLinkAbout02-0160ROBIN A. ~EP. HOLD, Plaintiff v~. STEPHEN C. ~EP. HOLD, Defendant IN THE CO~I~T OF COMMON PLEAS uo~BERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS THEM. YOU SHOULD IF YOU DO NOT HA~-E TELEPHONE THE OFFICE GET LEGAL HELP. YOU HAVE BEEN SUED IN COURT. If you wish tO defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is ~available in the Court Administrator's Office, Cumberland County Courthouse, Carlisle, PA. 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. A LAWYER OR CANNOT AFFORD ONE, GO TO OR SET FORTH BELOW TO FIND OUT WHERE YOU CAN Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ROBIN A. ~EP. HOLD, Plaintiff VS. STEPHEN C. GEI~HOLD, Defendant · IN THE COURT OF COMMON PLEAS i C m EaLAND com , p SNSYLV A IA No. : CIVIL ACTION-IN DIVORCE : COMPLAINT IN DIVORCE 1. Plaintiff is ROBIN A. ~EI~HOLD, who resides at 201 Surmner Lane, Enola, Cumberland County. Her social security number is 168 60 1372. 2. Defendant is STEPHEN C. ~EI~HOLD, who resides at 17 Hazelwood Path, Mechanicsburg, Cumberland County. His social security number is 182 46 2946. 3. Plaintiff has been a bona fide resident in the CoLf~fLonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 13, 1983 in Cumberland County, Pennsylvania. 5. There has been no prior action for divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling- Being so advised, Plaintiff doeS not request that the court require the parties to participate in counseling prior to a Divorce Decree being handed down by the court. WHEREFORE, the plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted: 2201 North Second Street Harrisburg, PA 17110 (717) 238-2312 .Cou~aonwealth of Pennsylvania: : ss. County of Dauphin : I verify that the statements made in this 3301 (c) Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Robin A. Gerhold Sworn and Subscribed before me this ~ day of , : oo2. Notary public CERTIFICATE OF SERVIC~ I, Judith A. Calkin, do hereby certify that a true an correct copy of the within 3301 (C) Divorce Complaint was maile at Harrisburg, PA., certified-restricted delivery, postage pre-pa/ to the following person: Date: Stephen C. Gerhold 17 Hazelwood Path Mechancisburg, PA 17055 udith A. Calkin, Esq. ROBIN A. GERHOLD, Plaintiff vs. STEPHEN C. GERHOLD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO. , PENNSYLVANIA NO. 02-160 Civil Term IN DIVORCE I, Judith A. Calkin, Esquire, deposes and says: 1. That she is an adult individual residing in Dauphin County, Pennsylvania. 2. That on Janury 14, 2002 sent by certified delivery, requested from Harrisburg, Pennsylvania, No. 7099 3220 0009 4879 7964, if applicable, the 3301 (c) Divorce Complaint in the above- captioned case to: receipt No. affidavit. Date: Stephen Gerhold 17 Hazelwood Path Mechanicsburg, PA. 17055 That on January 16, 2002 Stephen Gerhold signed the 7099 3220 0009 4879 and it is attached to this lkin, Esquire r Plaintiff 2201 North Second Street Harrisburg, PA 17110 (717) 238-2312 Certified Fee Return Receipt Fee (Endorsement Required) Restricted Del[vs~y Fee (Endoreemect Required) Total postage & Fees [1J [ Namea'Please Prlp! Clearly) (To t~jcompleteFI by malJer) "~ ~t~7~....~.~./.~ ................. · ............... ~------t · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front !f space permits. 1. Article Addressed to: I? A/~,I~'~°~ ~ / 7oXJ' DFI IVFRY A. Rmaaiv~d by (P/ease Print C/ear/y) B. Date of Delivery If YES, enter delivery/~ldress below: 2. Article Number (T~.a,er ~ -~,~ ,.~ '70 ~ q PS Form 3811, March 2001 Domsetic Re~urn Receipt 3~Certice Type ified Mail I-'1 Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O,D. 4. Restricted Delivery? ~ Fee) yYes ~o'7q 102595-01 -M-1 ~42~' ROBIN A. GERHOLD, : Plaintiff : : VS. : STEPHEN C. GERHOLD, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 02-160 Civil Term IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Robin A. Gerhold ROBIN A. GERHOLD, Plaintiff VS. STEPHEN C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA : : NO. 02-160 Civil Term : IN DIVORCE GERHOLD, : Defendant : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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. 4. I verify that the statement 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. Section 4904, relating to unsworn falsification to authorities. Robin~.. Gerhold CX ROBIN A. GERHOLD, : Plaintiff : : VS. : : STEPHEN C. GERHOLD, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 02-160 Civil Term IN DIVORCE AFFIDAVIT OF 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to rec~.est entry of the decree. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: /y//~]4~/O~[_~ - ~te~e~ ROBIN A. GERHOLD, Plaintiff VS. STEPHEN C. GERHOLD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. 02-160 Civil Tezm IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF TEE DIVORCE CODR 1. I consent to entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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. 4. I verify that the statement 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. Section 4904, relating to unsworn falsification to authorities. ' ~e~Wen ~. Ger~61d / / CX ROBIN A. GERHOLD, Plaintiff Vs. : STEPHEN C. GERHOLD, : Defendant : IN TI-IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-160 Civil Term CYV~ ACTION- IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infomation, to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section (x) 3301 C ( ) 3301 D of the Divorce Code. ( Check applicable code ) 2. Date and manner of service of the complaint Certified Restricted Delivery i/16/02 ( Complete either paragraph (A) or (B) .) (A) Date of execution of the affidavit of consent required by Section 3301 (C) of the divorce code: By plaintiff 4/26/02 ; by defendant 4/26/02 (B) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (D) of the Divorce Code: ; (2) Date of filing and service of the plaintiff's affidavit upon the respondent NONE 4. Related claims pending: (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: (B) Prothom49 Date plaintiffsW~ver ofNoticein§ 3301(c)Divoreewasfiled withthe Prothonotary: 4/30/02 Date defendant's Wavier ofNoficein§ 3301 (c)Divorcewasfiled wkhtheProthonotary: '4/30/02 . r (~laintiff ( ) Defendant AGREEMENT THIS AGREEMENT, made this day of i'U~?.~; 2p02 ::: by and between STEPH~ C. GE~OLD of Cu~erlan~: Pennsylvania (hereinafter referred to as ~SB~) and ROBIN A. GERHOLD of Cu~or[and Coungy, Ponnsylvania referred to as WIFE), WHEREAS, HUSBAND and WIFE were lawfully married on August 13, 1983 in Cumberland County, Pennsylvania, and; WHEREAS, one child born of this marriage, to wit: Samantha, born October 19, 1993 WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND 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; settling of all matters between them relating to the past, present and future support, and alimony; and or maintenance of the child; the implementation of custody and visitation arrangements for the minor child of the parties; and in general, the settling of any and all claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration the premises and of the mutual promises, covenants and undertakings hereinafter set forth hereby acknowledged by each of the parties hereto, WIFE and ~USBAI~-D, each intending to be legally bound, hereby 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 chose 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 leading to 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. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with their peaceful existence, separate and apart and they agree that neither shall do or say anything to the child of the parties at any time which might in any way influence the child adversely against the other party.. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to docket number 02-160 claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section (c) of the Divorce Code at the earliest appropriate date. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall be not affected in any way by any such separation or divorce; and that nothing in any such decree, jud~tLLent, order or further modification or revision thereof shall alter, amend or vary any terms of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference but not merged into any divorce, judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. DATE OF EXECUTION: The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise the "date of execution" or "execution date" of this agreement shall be defined as the date of execution by the party last executing this agreement. 5. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 6. MUTUAL RELEASE: HUSBAND and WIFE each 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, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situation, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. ADVICE OF COUNSEL: This Agreement was prepared by Judith A. Calkin, Esquire, attorney for WIFE. HUSBAND has been advised of his right to separate counsel and being so advised he waives that right. HUSBAND and WIFE accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily 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. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he and she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding, involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 8. WARRANTY AS TO EXISTING OBLIGATIONS: The parties have a joint VISA account # 422620. Each party will pay half of the balance. Each party represents that they have not heretofore incurred or contracted for any other debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9. WARRANTY AS TO FUTURE OBLIGATIONS: WIFE and HUSBAND each covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold' harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10. PERSONAL PROPERTY: The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any other such items of marital property, or to the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of other similar writing is in the possession or control WIFE acquired a 401(k) WIFE agrees insurance or of the party. 11. 401(K): employment during the marriage. because of her to roll over to HUSBAND 1/2 of the value of her account as of January 1, 2002. 12. MOTOR VEEICLES: The parties agree that WIFE shall be the sole owner of the 1991 Lumina and HUSBAND shall become the sole of the 1985 Toyota. 13. REAL ESTATE: The parties own by the entireties a home located at 17 Hazelwood Path, Mechanicsburg, Cumberland County, Pennsylvania. The parties agree to list the home for sale for $162,500.00 and to accept the first offer over $158,000.00. After the VISA bill is paid, any proceeds will be equally divided between the parties. HUSBAND will have sole possession of the home pending the sale and he will be solely liable for the payment of all expenses on the home including, but not limited to, the payment of the mortgage. 14. AFTER ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, 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. 15. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein in "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 16. WAIVER OF ALIMONY PENDENTE LITE AND LEGAL FEES~ Each party hereby waives any right to alimony pendente lite. The parties agree to be responsible for their own attorney's fees. 17. FULL DISCLOSURE: Each party asserts that she or he has made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each of parties, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 18. WAIVER OF ALIMONY: The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life to which they are accustomed. WIFE and HUSBA~-D do hereby waive, release and give up any rights they may respectively have against the other for alimony, spousal support or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 19. BANKRUPTCY OR REORGANIZATION PROCEEDINGS: In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provisions of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 20. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state tax 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 and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or 10 expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 21. CHILD SUPPORT: HUSBAND will pay $250.00 per month for basic child support. In addition he will pay 1/2 of all unreimbursed medical, dental and prescriptions costs of the child. He will also pay 1/2 of any day care expenses which are currently $84.00 per month. 22. CUSTODY: The parties will have shared legal custody of their daughter. WIFE shall have primary physical custody of the child and HUSBAND shall have liberal periods of partial custody at mutually agreed upon times. 23. COLLEGE SUPPORT: The parties agree to provide college support for their daughter to include tuition, room and board, books and fees. Each will pay 1/2 of these expenses. 24. WAIVER OR MODIFICATION TO BE IN WRITING: 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. 25. 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 11 to the provisions of this Agreement. 26. APPLICABLE LAW: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 27. AGREEMENT BINDING ON ~HIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 25. 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. 28. OT~ER DOCUmeNTATION: WIFE and HUSBAND covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 29. NO WAIVHR ON DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor 12 shall it be construed as a waiver of strict performance of any other obligations herein. 30. SEVERABILITY: 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. Likewise, the failure of any party to meet her or his obligation under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaiEing obligations of the parties. 31. BREACh: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 32. HEADINGS NOT PART OF AGREemeNT: Any heading preceding the r~ext of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not affect its meaning, construction or effect. 13 IN WITNESS W-~EREOF, the parties hereto have set their hands and seals this day and year first above written. ness Witness Robin ~. Gerhold 14 ROBIN A. GERHOLD, Plaintiff VERSUS STEPHEN C · GERHOLD, Defendant IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF ~~. PENNA. NO. 02-160 Civil Term DECree IN AND NOW, _ IT iS ORDERED AND DECREED THAT RI~BqlN A. GERHOLD , PlaiNtiff, AND STEPHEN C. GERHOLD , 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; NONE This Agreement of February 19~ 2002 is hereby incorporated into the Final Divorce Decree. BY PROTHONOTARY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAN 0 6 003 ROBIN A. GERHOLD, Plaintiff VERSUS STEPHEN C. GERHOLD, Defendant · No: 02-160 CIVIL TERM OUALIFIED DOMESTIC RELATIONS ORDE~ THIS CAUSE coming on to be heard for the purpose of entry of a Qualified Domestic Relations Order as defined in 26 U.S.C. Section 414(p); the court on May 9, 2002, having entered, a decree in divorce. THE COURT FINDS AND IT IS HEREBY ORDERED AS FOLLOWS: A. For purposes of this Order, the term "Participant" means ROBIN GERHOLD, an employee of Exel; the term "Alternate Payee" means STEPHEN GERHOLD; the term "Plan" meatus the Exel Retirement and Savings Plan; the term "Account Balance" means the balance the Participant had credited to his account under the Plan; and the term "B "' Co ' " enenrs mmlttee means the Benefits Committee of the Exel Retirement and Savings Plan. B. On May 9, 2002, the Court entered a decree in divorce, "Decree", which Judgment relates to the provision of the marital property rights of Alternate Payee, as the former spouse of the Participant. C. The last known mailing address of the Participant is 20 Summer Lane, Enola, Pennsylvania, 17025. The date of birth of the Participant is August 12, 1963, and her Social Security Number is 168- 60-1372. D. The last known mailing address of the Alternate Payee is 3 Stephen Terrace A2, Camp Hill, Pennsylvania, 17011. The date of birth of the Alternate Payee is March 25, 1956, and his Social Security Number is 182-46-2946. E. The Participant and the Alternate Payee were married on August 13, 1983, and said marriage is registered in Cumberland County. F. Under the terms of the dudgment, the Alternate Payee is to receive from the Plan in the amount of $15,000. G. The portion of the Account Balance payable to the Alternate Payee (1) shall be segregated for accounting purposes under the Plan, and (2) shall not be credited or debited with any earnings of losses attributable to such segregated account calculated throughout the valuation date immediately preceding the date of' distribution. H. The amounts to be paid to the Alternate Payee hereunder shall be paid to him in any method permissible under the Plan as elected by the Alternate Payee as soon as administratively practicable after the expiration of the review period following the Retirement Committee's determination that this Order is a qualified domestic relations order. I. Nothing in this Order shall: (1) require the Plan to provide any type or from of benefit, or option, not otherwise provided in the Plan; or (2) require the payment of benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. d. Both the Participant and the Alternate Payee shall have the duty to notify the Benefits Committee in writing of any changes in his or her respective mailing addresses subsequent to the entry of this Order. K. The Court retains jurisdiction to establish or maintain this Order as a qualified domestic relations order; provided, however, no amendment of this Order shall contain a requirement with respect to the Plan of a type described in Paragraph I above. DATED this ~day of ~ Approved as to form and content: Plaintiff