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Home My WebLink About94-03243 ~ ~ \J cb ~ ] dl""\ .<' / / , I J ~ . , ;".~ ,Vi .~~ ~ r~ :~ .~ 1; -'''; i I ~ I j j , , ?~ ~ , -'~ , I I .. 7, cr- , ':;~ . .:c. .'.':.*' ':c' ..:t;. ::.:'. .:t:..:t;. .:<<. ':.:. .:t(, .:.:' .:.:. .:.;. 8 ""',, " ....." -.-" - .", "..... , ~ ~ ~1 ~l 8 8 8 ~ 8 8 8 8 8 ~ ~ 8 8 8 81 . ... . . ~ , 8 8 8 8 8 8 , ~ .' ~ 8 8 8 -. "-, , ~;, 'lIe. 'lIC' .>>:' , . ':';'..':':' .:~ ,:.;. .:.:. ,~.: t. .:.:. ':.:. .:.:. .:.;. .r.:. .:.; . .... .... '. ,.- ':~, ... .. '" " LO ',' . . . . , . . iii . . * . . . . 8 /, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ,~~, PENNA, JANIE K. IlIlESSLER, Plaintiff i\ ll, 94-3243 CIVIL TEfUot \' 1'1"'.11', NEAL IlICIIAIlD IlIlESSI.EIl, Defendant AND NOW. . DECREE IN -4 tI'()8fJA,' D I V~R':~~o:r:d""d r'l! Janie K. Dressler ", plaintiff, i~ N,eal Richard Ilressler d f d t .8 , , , '. e en on . !. iii I~ Iii! I. ilil Iil ~ decreed that ond are divorced from the bonds of matrimony, The court retains jurisdiction of Iho following claims which have been raised of recDrd In this action for which 0 final order has not yel been entered; The terms of the Marriage Settlement Agreement dated October 9, 1996, 9hall 'b~'id~6tp6t~t~d idt6th~ dlvorc~ d~cree and'entr~'6f an ap~~ov~dQ~~llrl~a ,Uq~~~tl~,'el4tIQna Order by the Court 88 per the Stipulation,of,the,parties dated Dc r 9, 1996. Ie ~' I t ,I .I{ I:j,~-.I/ .,i.l, "'ll,(.)tel~c..-.( ?:~~, ..~,.-tlft1",,'ff'.V I~, - )-/,y ><'7~'!I.'A ,J:" : ~ I'" A.c~ / ,J"lfllllllllltlilt\' '* ~~'~"~"*"1-~:~:.:~::.:'.::.;;~:.:~',~,~~::.:~:,,:.:~ ~ .~ ~ ~ y '.' ~ ~i ~ JANIE K. BRESSLER, Plaintiff ] N THE cOlIllT Of' COMMOn PLEAS Of' CUMLlERLAND COUNTY, PENNSYLVANIA VS, No. 94.3243 NEAL R. BRESSLER, CIVIL ACTION. LAW Defenant IN DIVORCE AND NOW, :'~::'DV~OM~,:'"~T~ 19~ the following is HEREBY ORDERED AND DEcREEDl A. Background Information I 1. Plan Participantl Namel Addressl Date of Birthl SSNI 2 , Alternate Payee I Name I Addressl Neal R. Bressler 40 Bears School Road Carliee, PA 17013 March 29, 1939 209'28-8362 Janie K, Bressler 13 West Shore Drive Camp Hill, PA 17011 Date of Birthl January 7, 1945 SSNI 176.36.3628 3, Name of Plan to which this Order Applies I civil service Retirement (CSRS) No. 209.28.8362 4. Name and Address of Plan Administrator or Trusteel Federal Retirement Thrift Investment Board chief: Thrift Savings Plan Service Office National Finance Center P.O. Box 61500 New Orleans, LA 70161.1500 DIANE O. RAllCLIt'F AnORNf.Y.AT.UW 1111 HINIII.I, am" !:AMP 1111.1" P^ 17011 B. Operative provisions I 1. The plan Administrator is directed to pay to the Alternate Payee $r;~lO.O() each month of Pliln Participant's IIANl G. RAIlCLlFf AlIOIINEV..o\1'.UW .... TIIINlltl aOAII CAM' 1111.1.. h 11011 civil Service Retirement monthly benefits, The payment afDresaid shall be subject to withholding taxes as Bet forth in Paragraph 3 below. 2, The Plan Participant shall be entitled to all other Civil Service Retirement benefits remaining after payment of the $590.00 distributive share to the Alternate Payee pursuant to Paragraph 1 above. 3. '~e Plan Participant and the Alternate Payee shall eacil be required to pay all taxes associated with the payment and receipt of his or her respective portion of the monthly groBs benefit and shall be subject to all applicable Withholding taxes. 4. The above payment shall commence as of the date of the retirement of the Plan Participant, and except as otherwise herein provided shall continue until the death of either the Plan Participant or the Alternate Payee. There shall be no death benefits payable to the Alternate Payee in the event the plan Participant predeceases her. 5. This is a property distribution order made under the divorce and equitable distribution statutes of the Conunonwealth of Pennsylvania and, in accordance with the provisions of Bueh statutes, the portion being distributed to the Alternate Payee has been determined to be her property. 6. Nothing herein contained shall in any way require the Plan to provide any form, type or amount of benefit not otherwise available by law, 7. A true copy of this order shall be served upon the plan Administrator and shall take effect immediately and shall remain in effect until further order of court. This Court shall retain jurisdiction over this issue so as to carry forth the intent of this Order. BY THE COURT I J. ,. DIANE G. RADCLIFF ATTORNEY.AT.LAW .11I TllINPU l04n C4M.IIILL. P4 11011 , t, DIANE G. RADCUn ATTOIINEY.,n.J.AW 111I TIll N IIU: 1111411 (:4M. 1111.1.. .4 111111 JANIE K. BRESSLER, I N TilE couln OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VB. No, 94' .\243 NEAL H. BHESSLEH, CIVI L ACTION . LAW IN DIVOHCE Defendant STIPULATION FOR THB INTRY or "APPROVlD DCIIBSTIC RlLATIONS ORDD" AND NOW, this 1^ day of Oc.fv Iv..... , , 1996 the parties, JANIE K. BHESSLER, Plaintiff and NEAL R. BRESSLER, Defenant, do hereby agree and stipulate as followsl A. Background Information! 1. Plan participantl Name! Addressl Date of Birthl SSN! 2, Alter na te Payee! Name! Address! Neal R. Bressler 40 Bears School Road Carlise, PA 17013 March 29, 1939 209.28.8362 Janie K. Bressler 13 West Shore Drive camp Hill, PA 17011 Date of Birth! January 7, 1945 SSN! 176 - 36 - 3628 3. Name of Plan to which this order Appliesl Civil Service Retirement (CSRS) No, 209'28'8362 4. Name and Address of plan Administrator or Trustee! Federal Retirement Thrift Investment Board chiefl Thrift Savings Plan Service Office National Finance Center P.O. Box (i1500 New Orleans, LA 701('1.1''>00 DIANE G. kAlJCUrr AliOIlNtY.AH.AW Itll TklNIlLIII0411 CAMP 1111.1.. .4 11011 80 operative provisions I 1. 1~e plan Administrator is directed to pay the Alternate Payee an $590.00 each month of Plan Participant's civil Service Rlltirllmcnt monthly benefits. The payment aforesaid shall be subject to withholding taxes as set forth in Paragraph 3 below, 2, The plan participant shall be entitled to all other Civil Service Retirement benefits remaining after payment of the $590.00 distributive share to the Alternate Payee pursuant to Paragraph 1 above, 3. The Plan Participant and the Alternate Payee shall each be required to pay all taxes associated with the payment and receipt of his or her respective portion of the monthly gross benefit and shall be subject to all applicable withholding taxes. 4. The above payment shall conunence as of the date of the retirement of the Plan Participant. and except as otherwise herein provided shall continue until the death of either the Plan Participant or the Alternate Payee. There shall be no death benefits payable to the Alternate Payee in the event the Plan Participant predeceases her. 5, This is a property distribution order made under the divorce and erJuitable distl ibutioll statutes of the Conunonwealth of l'enl1sylvania and, in accordance with the provisions of such statutes, tho [lor tion boing dietr lbuted to tho Al tor na to Payee has been detur nil ned to be her proper ty. IJIANF.Il. MAIlC"'H Al1IlRNU.AI-I.AW IHI"I~IIII RU411 1:411.11111. r4 171111 THIS HARU1GI 81TTLIHlIT lGRllNIlT 10RIIMINT made this ~ day of~, 1996, by and between NUL R. BRIIILIR ("HUSBAND") of 40 Bears School Road, Carlisle, Pennsylvania and JUII K. BRI18LIR ("WIFE") of 13 West Shore Drive, Camp Hill, Pennsylvania. " I '1' N I 8 I I T H I "1IRI18, the parties hereto are HUSBAND and WIFE, having been married on April 12, 1969 in Jeannette, Pennsylvania. There were four (4) children born of this marriage: Tracie A. Bressler (D.O.B. 6/02/70), Christopher N. Bressler (D.O.B. 3/08/72), Allison K. Bressler (D.O.B. 10/23/77) and Erica N. Bressler (D.O.B. 7/30/80). "1IIlIAI, diverse and unhappy differences, disputes and difficul ties 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 I 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 DIANE n. IIAIIl:UH All.0IlNH.A....I.AW 1I1I.1 RINIIU RCl411 l:4MI'IIIlI. P4 noli support, alimony and/or maintenance of WIFE and HUSBAND or of HUSBAND by WIFE, and in general, the settling of any and all olaims and possible claims by one againet the other or against their respective estates. lOW, '1'IIUrORI, in consideration of the premisee and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable cOllsideration, receipt of which is hereby acknowledged by each of the partiee hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as followSI 1. IICORPORA'IOI or ,..a_Ll. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. UU"'I' 10' A au to DIVO.CI 'IOCIIDI.... This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if euch grounds now exist or shall hereafter exiet or to such defenee as may be available to either party. This Agreement ie not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acte on the part of the othor party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably brokan and that they intend to ~ secure a mutual conssnt no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code in WIFE'S Cumber lend County divorce action docketed to number 94-3243 Civil Term. As soon as possible under the terms of said Divorce Code, the parties shell execute and file ell documents and papers, including affidavits of consent, necessary to finalize sdd divorce. 3. 1"ICf or DIVORCI DICRlI. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force end effect after such time as a final Decree in Divorce may be entered with respect to the parties. .. &GRI_I' f() II IICORPORA'rID II DIVORCI DICDI. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. IOI-NlRGIR. It is the parties' intent that this Agreement does not merge with the 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 otherwise provided by law or statute. IJIANf. O. RAJI(;J.IH A'70IlNU',Al'.I.AW 1111 TRINllI.I RU4U "4MP 11111.. P4 !lllll ) IJIANE 0, IIAUCJ.lH A'J'I'lIIINI:t.A'..I.AW 11.1 nlNl1l I R1I411 "4MP 11111. '4 17011 I. DArl or IllcurlOI. The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing thie Agreement. 7. DllrKI.UrIOI DArl. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. I. ADVICI or COUIIIL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, DIANE G, RADCLIFF, ESQUIRE, for HUSBAND, and CHRISTOPHER HOUSTON, ESQUIRE, ESQUIRE, for WIFE. The parties acknowledge that they have L'8ceived independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, under the circumstances, fair and equitable end 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 impropsr or illegal agreement or agreements. 4 DIANE G. RAllCUrr ATTOIINEY.AT.\.AW 11I1 TRINIII.E RIl411 "4MP 11I1.1., P4 111111 t. rIIAlCIAL DIICLOIURI. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 10. DIICLOIURI AID WAIVI or PROCEDURAL RIGITI. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights I 5 JlJANE (l, MIlC...H AnORNI:Y.AT.UW 111."1 _INIII.I _n411 t4M' 11111, '4 1"" (a) The right to obtain an inventory and appralB8ment of all marital and separate property as defined by the Pennsylvania Divorce Code. (b) The right to obtain an income and expense statement of the other party as provided by the pennsylvania Divorce Code. (c) The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. (d) The right to have the court decide any other rights, remedies, privileges, or obligations covered by thiB Agreem/lnt, including but not limited to poseible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alImony), custody, visitation, and counsel fees, costs and expenses. 11. .lnOIAL '10'1111. HUSBAND and WIFE acknowledge that they have previously agreed to a division of their tangible personal property including, but without limitation by way of specification I jewelry, clothes, furniture, furnishings, carpets, hOUB8hold equipment, tools, pictures, books and other tangible perianal property. With respect to said division the parties agree .. follows I h JlJANE Cl, RAIK;J.1 H AnllIlNI:t.4T.I.AW Ill! 1II1NI1I1 MII411 UN' 11I11, ~4 111111 (a) All property in WIFE'S poeeenion and all of the property set forth on Schedule "A", which is currently located at the marital residence, shall be the sole and separate property of WIFE. All other property currently in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each party does hereby waive, release and renounce any right, title, interest and claim he or she may have in the personal property to become the sole and separate property of the other pursuant to the terms of this paragraph. (b) Any party having possession of personal property that is to become the sole and separate property of the other party, shall make said property available to the other party for removal into his or her possession and shall cooperate with said other party in scheduling the removal. 12. arl.R-ACQUIRlD PIOP.RIr. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since July 4, 1992, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever 7 lIJANE G. RAIJCUU' A1TOIINF.Y,,n.J,AW UI.lMINIIII MIl4n "4MP 11I11., P4 mil abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 13. DIVIIIOI or VllIeLII. With respect to the vehicles owned by one or both of the parties, they agree aD follows I (a) The 1995 Saturn and the 1967 Mercury Cougar shall be the sole and separate property of WIFE. WIFE shall cause the 1967 Mercury Cougar to be removed from the marital residence at her expense within sixty (60) days of the date of this Agreement . (b) The 1995 Dodge Neon shall be the sole and separate property of HUSBAND. (c) The 1977 Volkswagen, currently inoperable located at the marital residence shall be sold by the parties and/or disposed of at their joint expense. If any proceeds are derived or costs incurred as the result thereof said proceeds or costs shall be divided equally between the parties. The titles to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the B IJIANt: (I, RAIHUn' Al'IUIINI.\'.A!,UW IUllIINIII'1 111411 l:41l, 11111, '4111111 title to the vehicle ie unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance end shall be solely reeponsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbram:e. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the vehicles that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 16. DIVIIIOI or RIAL ..IAI.. The parties are the joint owners of a certain tract of improved reel estate known and numbered as 40 Bears School Road, Carlisle, Pennsylvania heretofore utilized as their martial residence. Said real estate is encumbered with a first mortgage to First Federal in the approximate amount of $20,000.00 and a second mortgage (Keyloan) to Members First Federal Credit Union in the approximate amount of $48,000.00. With respect to said real estate the parties agree as follows: (a) The parties shall immediately list the property for sale with a mutually agreeable licensed real estate broker and shall maintain such listing with sald broker or any subsequent mutually agreeable broker until the real estate is sold. In cooperation with I) said broker the parties shall use their beet efforts to market the real estate for sale and shall accept any reasonable offer for purchase thereof. The foregoing notwithstanding, if mutually agreeable the parties, the parties may subdivide the property and then market the various subdivided parcels so as to maximize the sales price of the property. (b) Upon the sale of said property the net proceeds derived after payment of all normal and reasonable settlement costs, unpaid survey and subdivision coste and payment of the outstanding balance of two mortgages, shall be divided and distributed as follows I (1) Reimbursement to either party of any amounts of survey and aubdiviaion coata that have been paid by him or her prior to the Bale of the propertY1 (2) Reimbursement to either party of any amount of educational costa aa those coats are defined in Paragraph 19 herein for the children paid by him or her commencing with the fall 1996 semester and thereafter until the property ia sold. (3) Deposit into the education account to be established purauant to the terms of Paragraph 19 herein of the remaining balance. IJIANE G, RAllCun' All'OIINt:Y.AT.I.AW III. TJlINIIU M1I411 (:4MP 1111.1., f4 171I11 10 IJIANE Cl. RAIIU.IH AllUkNI:t.AT.I.AW IH.IIIINIIII 1111411 (;4'" 11111. P4 111111 I . (0) The marital reeidenoe shall be deeded to HUSBAND immediately prior to the sale thereof. Any and all oosts incurred as the result of said transfsr shall be paid by WIFE. HUSBAND shall report all oapital gains on his state and federal tax returns but shell elect the Federal Once-a-Lifetime $125,000.00 Exolusion. Any capital gains taxes not avoided by said exclusion shall be paid from the educational aooount eet forth in Paragraph 19 herein. (d) If the parties subdivide the property and there are subdivided lots which are sold separately from the marital residence, the parties acknowledge that the aforesaid federal exclusion shall not apply theretoo Those lots shall remain jointly titled and upon sale, each party shall report fifty (50') percent of any capital gains arising out of said sale on his or her applicable tax returns and any taxes resulting from said reporting shall be paid from the eduoational account pursuant to the provisions of Paragraph 15 herein, 18. IACI 'Alrl IIrll.. OWl '.1.10. 'I~.'. Exoept as hereafter set forth each of the parties does Iploifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirsment Plan, Profit Sharing Plan, 40l-K II DIANE (l. RAllCJ.JH A1TURNlY.AT.I.AW lit. ....INIII.r 1111411 l:4M' 111I I , 1'4111111 Plan, Keogh Plan, stock plan, Tax Deferred savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, savings plan, Tax Deferred savings plan and/or any employee benefit plan shall become the sole and separate property of the party in which name or through whose employment said plan is carried. As clarification to the foregoing the parties agree that eech party shall receive as his or her sole and separate property his or her interest in his or her TDSP. The foregoing notwithstanding and with respect to the parties 0 respective civil service retirement plans the parties agree as folloWSI (a) WIFE shall receive as her sole and separate property her interest in her civil service retirement plan and except as hereafter set forth shall be entitled to all benefits payable under said plan and shall have all right to elect any options available under said plan. The foregoing notwithstanding, the following shall applYI (l) HUSBAND shall be entitled to elect survivors annuity rights under said plan provided that he pays the costs therefore as said costs are incurred. For purposes of the foregoing, the term .costs. shall include any reduction in the 12 retirement benefits payable to WIFE as the result of said election. (2) If WIFE dies during the term of existence of the education account set forth in Paragraph 19 herein, and has not yet received payment of all of her contributions into her retirement plan, the contribution then remaining to which WIFE or her estate are entitled, shall be paid to and deposited into the educational account to be established pursuant to Paragraph 19 to be utilized and disbursed pursuant to the terms of that paragraph. (b) HUSBAND shall receive as his sole and separate property his interest in his civil service retirement plan and except as hereafter set forth shall be entitled to all benefits payable under said plan and shall have all rights to elect any options available thereunder. The foregoing notwithstanding the following shall apply: (1) WIFE shall be entitled to elect survivors annuity rights under said plan provide that she pays the costs therefore as said costs are incurred. For purposes of the foregoing the term "costs" shall include any reduction in the DIANE G, RAIJCLlFF ATTOIINf.Y.AT.I,AW .U! T11INIIU. RIl411 (:AMP 11I1.1.. P4 11011 13 JlJANf. 0, RAIKUn AnnIlNtY-41-I.AW IH...INIII' ."411 UMP 11111, ~4 111111 retirement benefits payable to IIUSBAND 118 the result of said election. (2) If IIUSBAND dies during the term of existence of the education account set forth in Paragraph 19 herein, and has not yet receivsd payment of all of his contributions into his retirement plan, the contribution then remaining to which HUSBAND or his estate are entitled, shall be paid to and deposited into the educational account to be sstablished pursuant to Paragraph 19 to be utilized and disbursed pursuant to the terms of that paragraph. (3) WIFJl: shall receive $590.00 per month of each monthly benefit that HUSBAND receives from his retirement until the death of either party to be paid to WIFJl: pursuant to a Qualified Domestic Relations Order to be entered in the pending divorce action. WIFJl: shall pay all taxes associated with her receipt of said benefits. II. DIVI.IOI or a.MI lCCOUlr.l.rocI/Llrl II'U.a.CI. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of ] 4 DIANE (I, RAllCU.... AlTlIIINlV.Al'.I.AW .m T11INIlIJ. R1I411 l:4M'"II.1., 1'4111111 deposit, IRA accounts, bonds, shares of stock, investment plan. and life insurancs cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND/ and HURBAND a9rees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in ths possession of WIFE shall become the sole and separate property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. As clarification to the foregoing the parties agree that HUSBAND shall retain all monies previously deposited into the parties Members First account and that there shall be no further division thereof between the parties. HUSBAND shell also receive as his sole and separate property the Kemper Insurance IRA account which he cashed in October 1995 for a net of $10,453.46. The foregoing notwithstanding, the parties acknowledge that there is currently existing a Prudential IRA account in HUSBAND'S name having an approximate gross value of $2,600.00. If the parties decide to subdivide their marital residence, that IRA shall be cashed in and the net, after taxes, derived shall 15 IlJANt: 0, IIAIII:J.IH ATIUKNI.V.41.1.4W .11I1 RINIIII RII411 (:4MP 1111 1,1'4111111 be applied to the eubdivision and survey coata. If the partiea decide not to subdivide, the IRA shall be cashed in and the net, after taxea, divided equally betweon the parties. 17. .lIVlK or 1IIIKITAlCI. Each of the parties hereto does specifically waive, releaae, renounce and forever abandon any right, title, intereat and claim, if any, either party may have in and to any inheritence of any kind or nature whatsoever previously or in the future received by the other party. 11. MIIIIAL Dill. The parties acknowledge that the only marital debt existing other tnan the mortgages referenced in paragraph 11 herein is a Membere First Visa debt. With respect to said Visa debt the parties agree that HUSBAND shall be solely responsible and liable for the repayment of the oxisting outstanding balance of approximately $2,292.00 and shall indemnify, protect and save WIFE harmless therefrom. Neither party shall make any further charges on said account to which the other would be responRible end if said chargeR are made, the party incurring the charge ahall be solely liable therefore. 1.. .PUcaIIOIIL ACCOUI'. Upon the sale of the marital residence or the death of either party should said death occur prior to the sale of the marital residence the parties shall establish an educational account to be utilized by thsm for funding of the education of II, IlJANE G, RAJlCJ.lH A'!'HlRNEV.AT.LAW II.. 1II1NIIIJ R041l C4M. 1111 t. P4 IIlIII their two youngest children, Allison Bressler and Erica Bressler, which account shall be established under the following terms and conditions I (a) The parties may establish a single account or may diversify their holdings into more than one account as they shall mutually agree. Absent said mutual agreement, a single interest bearing account will be established. (b) Any account or accounts established shall be held in the joint names of the parties and shall require the signatures of both parties for any checks to be written against said account or accounts or disbursement made therefrom. (c) The parties shall deposit into said account or accounts the proceeds derived from the sale of the marital residence pursuant to the terms of Paragraph 14 (b) herein and in the event of the death of the parties that deceased party's remaining civil service retirement contributions pursuant to the terms of paragraph 15 (a)(2) and (b)(2) herein. (d) The bills and expenses to be paid from said account shall be limited to the followingl (1) Any capital gains or other taxes incurred by the parties as the result of the sale of the marital residence pursuant to the terms of Paragraph 14 17 hln1n. For purpo... of thla paragraph sa1d t'XII ahall be determined aa the amount of the d1fference in the tex thet is peyable by the p.rties including the gein from the sale on hia or her applicable tax returna minus the amount of the tax that would be payable had said gain not be included on his or her applicable tax returna. (2) Any taxea 8saocieted with eny interest or oein generated by the holding of the educetional account or accounts, which tax shall be computed as the difference in the tax owed as the reeult of the inclusion of the interest or gain on the applicable tax return minus ths tax that would be owed had the intsrest or gain not be included on said tax returns. IJIANE 0, RAIK:un A'I'I'ORNt:Y-4.1.IAW 1""1 alNUI ,an411 1:411'""1, r4 ""11 (3) The aducational costs, whether for undergraduate college or vocational training for the aforesaid children, including and limited to reasonable room, boerd, booka, fees, supplies, tuition end reaaonable transportation costs. (4) Any other coats and expenses mutually agreed upon by the parties. (6) The foregoing notwithstanding absent mutual agreement there shall be no disbursement for any 1fl sohool semester or term on behalf of any ohild who has not maintained a minimum acceptable grade point average being defined as a overall 2.0 grade point average or its equivalent for the preceding school semester or term. There further shall not be any disbursements to any ohild beyond the equivalent of a four (4) year undergraduate college degree or who fails to complete said eduoation within a reaeonable period of time. (6) Upon the earlier occurrence of the depletion of the aocount, the youngest child reaChing age 25 or both children completing their education the educational account or accounts shall be closed. If allY fundo remain in said account, those funds shall be divided and disbursed equally between the parties. (7) In the event a party should become incapacitated or dies during the pendency of the educational account, that parties' personal representative or designee set forth in that parties will shall bs substituted for the deceased party, the provisions of this paragraph being binding upon the parties their respective personal mANE G, RAllcun A1TOIINI:Y.Al'oI,AW au. 1II1NIJI.I MII41J "4MP 11I1.1.. P4 11011 representatives, heirs and assigns. 19 DIANE G, RAJlCl.ln' ATTlIRNI:Y.41.).4W 'UllIIINIlII ""411 UNP 111I1. P4111111 (8) The term. of this paraQraph are not intended to confer any third party beneficiary statuI upon the parties children. 20. -a11I.U'TCr. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly egree to reaffirm any and all obligations contained hsrein. In the event a party files such bankruptcy and pursuant thersto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 21. IOCIAL I.CUIITI 1...rITI. The parties agree that eubject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 22 . I.COIII TU '1101 DTU..I.. The parties have heretofore filed joint federal and state returne. Both partiee agree that in the event any deficiency in 20 JlJAN.: (l, RAIK:U H A l'rullNI:V -A T-I.~ W III. TRINIlIJ RU4U "4MP 11111., J'4111111 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 againet any loss or liability for any such tax deficiency or assesement therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 23. rllAL IUUlllaLl DIIIRIIUIIOI or PROPIRI'. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2t. IfAIVlR or ALIMOII, ALIMOI' PIIDIIII LIII, IfOUIAL IUPfORI. MAIIII.IaC. AID COITI. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel feee end coste. 21 DIANE G, RAIK:UH Al1.0IlNt.Y.AT,I.AW IHI T11INllI.t: MCl411 l:4M.IIIU.. P4 '1011 25. 'IIJO.AL RIGITI. HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be frse from any control, restraint, interfsrence or authority, direct or indireot, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Eaoh may, for his or her separate use or bsnefit, conduct, carryon and engage in any business, occupation, profsssion or employment which to him or her may seem advisable, HU8RAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 21. MUTUAL DLlAIII. HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the ostate of suoh other, for all time to come, and for all purposes whatsoever, of any from any and all rights, title and intereets, 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 situate, which he or she now hae or at any time hereafter may have againet such 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 curtsey, or 22 lIIAN.: U. IIAIICUtl AnIlRN'~-~'I.I.~W .UIIIIINllI' ""111 1:4M.IIJ1I. .4 111111 claims in the nature of dower or curtsey 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 willI or the right to treat a llfstime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceeBed spouse's estate, whether arising under the laws of (a) the commonwealth of pennsylvania, (b) State, Commonwealth of territory of the United StAtes, or (c) any other country, or any righte which either party may have or at any time hereafter have for paet, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, any 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 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 provisions thereof. 23 DIANE Q, RAIJCUn' ATTOIINI:Y,AT.I.AW .... T11INUU: R1I411 l:4M.IJIU., P4 171111 . , ~1. MAIVlI 01 MODlrlCATIOI TO II II WIITIIO. 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. 21. MUTUAL CooPlRATIOI. 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 document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement 2.. AGRlIMIIT IIIDIIO 01 .1111. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. I~IORATIO.. 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 Bet forth herein. 31. OT.II DOCUMlITATIOI. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand 24 . , , . therefor), exeoute any and all written instruments, assignments, releases, satisfaotions, deeds, notes, stook oertifioates, or suoh other writings as may be neoessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually egree should be so executed in order to carry out fully and effectively the terms of this Agreement. 32. 10 WAIVI. or DIFAULT. This Agreement shell remain in full force end effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon striot 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 subsuquent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 33. ....CI. If for any reason either HUSBAND or WIFE faile to perform his or her Obligations owed to or for the benefit of the other party and/or otherwise breachee the terms of this Agreement, then the other party shell have the following rights and remedies, ell of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent rssult or would result in a windfall of the other party. IIIANE (l, RAIICI.1t1 Al'IlIMNI:t.41.I.AW IUlllIlNlIl1 MII411 (:411'11111, ~4 17.11 .,. ",J , ' blANE G, RAIK;J.Irt' A'rrOIlNF.\'.AT.I.4W .H. UINIII.I. MIl41t "4MP 11I11., P4 17011 (a) the right to specific performance of the terme of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees llnd costs incurred aa the reault of said breach and in bringing the action for specific performance. (b) the right to damages arising out of breach of the terms of this Agreement, which damages shall include reirnburaement of all attorney's fee a and coats incurred as the result of the breach and in bringing the damage action. (c) the right to all remedies set forth in Section 3502(e) of the Pennaylvania Divorce Code, 23 Pa. C.S.A. 3502(e), an any additional righta and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other aimilar laws, which remediea ahall include, but not limited tOI (1) the entry of judgementl (2) the authorization of the taking and seizure of goods and chattela and collection of rents and profits of real and peraonal and tangible and intangible property I (3) the award of intersat on any unpaid installment I (4) the transfer and sale of any property required to obtain compliance with the obligations undertaken by thia Agreementl 26 .. . . . (5) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreementl (6) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months. (7) the award of counsel fees and costs. (8) the attachment of the breaching party's wages. (d) Any other remedies provided for in law or in equity. 3&. LaW or Pln.UVUIA APPLICULI. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 35. l.anllGl lor PARr or AGIIlMllr. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS DIANE G, RAIICUH ATTOIINEl'.,n,I,AW .U.....INlltER1I411 {'.AMP 1111.1., P4 11011 27 .... .:t '.. 1'. l,< c::: . t.. e.; 'i'~, .f \~: ' lit' :f: I' 1.,1_~ . , 0. ,~'\ ,:.j I. .: {Ij U' 1'- - ,.1*. 1:c.....1 t-. I'irll c.., 110- I ~: U " ~ II, .n ,,) L> u' [) J!l~ iUi j' it' \ . . ,\. j H' .' .. ..Jt ..1 , ~ an i;; Q . PI 8~ ~ lE I~ t.,J~ r r- ill"l .. - .' III g ~~ I" ." b ~ '}~}:f'ii;~:~,;:; ,-; J\."~~~f~~*,1;\iJ:;\1~~ii(~\ V - ~ -. , ! ' ."OLJJa... GU:.itbv. fiHOU8'rDN: ... c, A""'IlN..,. AT LAW . HO"TH ..ANovl':" ."'..T C""LlaL.a, ...NNaVL.VAN1A '''0'. 1717. ........,.. "...'..0 ._l.L. ... t} JANIE K. BRESSLER, . IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA . v I CIVIL ACTION - LAW I NEAL RICHARD BRESSLER, . 94- i,') l/ J CIVIL TERM Defendant . . IN DIVORCE NOTICB TO DBFBND AND CLAIM RIGHTS You have been sued ill Court. If you wish to defend against the claims set forth ill ths 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IP YOU 00 NOT FILB A CLAIM FOR ALIMONY, DIVISION OP PROPBRTY, LAWYBR'S PBBS OR BIPBNSBS, BBFORB A DIVORCB OR ANNULMBNT IS GRAIITBD, YOU HAY LOSB TOB RIGHT TO CLAIM ANY OP TBBH. YOU SHOULD TAlB THIS PAPBR TO YOUR LAWYER AT ONCB. IP YOU 00 NOT HAVB A LAWYBR OR CANNOT AFFORD OHB, GO TO OR TBLBPHONB TUB OPFICB SBT FORTH BBLOW TO PIND OUT WHBRB YOU CAN GBT LBGAL HBLP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE. 717 - 240-6200 ~ JANIB K. BRBSSLBR, Plaintiff I IN THB COURT OF COMMON PLBAS OF I CUMBBRLAND COUNTY, PBNNSYLVANIA I I I I , I CIVIL DIVISION - LAW 94- ~;> l/ .3 CIVIL TERM v NEIt RICHARD BRBSSLER, Defendant IN DIVORCE COMPLAINT Plaintiff, Janie K. Bresslsr, by her attorneye, Broujos, ailroy , Houston, P.C., sets forth the following' 1 Plaintiff, Janie K. Bressler, is an adult individual residing at One Falcon Court, Hechaniosburg, Cumberland County, Pennsylvania. 2 Defendant, Neal Riohard Bressler, is an adult individual residing at 40 Bear School Lane, Carlisle, Cumberland County, Pennsylvania. J The parties were married on April 12, 1969, in Jeannette, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the oommencement of this aotion. 5 This aotion is not oollusive. }'<' r (~ ;f ,... Q "8- - Cc - 1,~ 0 - - "'.T ') 0 =11 11 rfl . I..) \[l j tlI t'!f~ \\1',) . i;;.... 1,0 ,~ tJ . , J t)(l - .. ';;4. t.) ... ..owo... _,utOy . HO~ITONI ..., 0. ,"" . "A~" ~,""W .. H<<!Iifll "~N'.." ....,. OAlIl.ltI.I. ".HHIVIoVAHIA IfOll IY'" '4"4"" ,,'.1... JANIE K. BRESSLER, plaintiff I IN TilE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I 94-3243 CIVIL TERM I I IN DIVORCE v NBAL RICHARD BRESSLER, Defendant MOTICI TO DlrllD AID CLAIM RIOHTI You have been lued in Court. If you wilh to defend against ths claiml let forth in ths following pagel, 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 agatnet you by the Court. A judgment may also be entered againlt you for any other olaim or relIef requested in those papers by the Plaintiff. You may loee money or property or other rights important to you, inoluding ouetody or vieitation of your children. When the ground. for divoroe h indignities or irretrievable breakdown of the marriage, you may rsquBlt marriage counseling. A lht of marriage ooun.elorl h available in the Prothonotary I s Offioe at the Cumberlllnd County Courthouse, carlisle, penn.ylvania. Ir YOU DO 10'1' rILl A CLAIM rOR ALlMOn, DIVIIIOI or 'RO.IRTr, LAWrlR" rill OR 11'11111, IlrORl A DIVORCI OR lIIIIUUIIIT II OIWlTID, IOU NAr LOll THI RIOHT TO CLAIM AlY or THIN. rou IHOULD TAXI Till .A.II TO YOUI LAWYIR AT OICI. Ir IOU DO MO'1' IAV. A LAWnl 01 CAIIIOT urORD Oil, 00 TO OR TILI.HOII THI orrlCI liT rORTH IILOW TO rllD OUT WHiRl rou ClM alT LlaAL IlL.. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 TELEPIIONEI 717 - 240-6200 6 The parties were separated on July 4, 1992. 7 There have been no prior actions for divorce or annulment in thie or any other jurisdiction within the knowledge of the Plaintiff. 8 In accordance with Section 3301(c) or 3JOl(d) of the Divorce Code, the marriage between the parties is irretrievably broken. 9 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests your Honorable court to decree that the Plaintiff be divorced from the Defendant. COURT II 10 Paragraphe 1 through 9 are incorporated herein by reference thereto. 11 During the marriage, the parties acquired marital property subject to equitable distribution. WHEREFORE, the Plaintiff requests your Honorable Court to equitably distribute the marital property. 1'"{""""'':'''':~~,':r''':!C''i'- c.'; ,~.r'~1"",c,'7"'.~"" f""~ :'>""'.- c. ; ':' ," , -",- "1 ",." '. -"." ," . Mr~:<t;:':.:'~~"~'''.'''!'i.Y~V'''''IIII'Ol' ;,F., '..:1'.' ,.,: "'" ......,. ,.....,. .. ..~fi:'ilh:<,-;.' ....~'.-." \....,..'..,........ .'.,"', .,''', ....., '.,' ". ." ',.. --'..' .". ,"" .--_. ,_..~ . v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW 94-3243 CIVIL TERM , JANIE K. BRESSLER, Plaintiff NEAL R. BRESSLER, Defendant IN DIVORCE AFrIDAVIT or CONSENT 1. A comrlaint in Divorce under Section 3301(c) of the Divorce Code was f led on June 15, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 90 days have elapsed from the date of filing the Complaint. 3. I consent to the entrr of a final decree in divorce after service of notice of intent on 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. S 4904 relating to unsworn falsification to authorities. DATE I /0 /7'1 </6 I 1~d J ')..lli.L> /1 .. 'ti,t.L.t<.. /' gANIE K. BRESSLER . .c_~, ";\~~i~~'~~~;::~:=;"TV1. JANIE K. BRESSLER, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I CIVIL DIVISION - LAW I NEAL R. BRESSLER, I 94-3243 CIVIL TERM Defendant I I IN DIVORCE AFFIDAVIT or COHSEHT 1. A comrlaint in Divorce under Section 330l(cl of the Divorce Code was f led on June 15, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 90 days have elapsed from the date of filing the Complaint. 3. I consent to the entrr of a final decree in divorce after service of notice of intent on to request entry of the decree. I vsrify that the statements made in this affidavit are true and oorreot. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. DATE I \0 ~~ ~~.~~ __ ..,.. "toy - - N L RI H D BRIlSSLER~ ~ 'c" -,,,,,:,,,-~,,:.,.,.,,,-.',.," ' )n~~!;;"',. ,.,:.i:;.,'':.;.'L"!~~!-;_~_H!:",:",'!!!!,~.....''!~! _'-" . /: . :. fA....... ..........Vl-VANIA I'-~. .. . . . "." ....~"... ,.,.,_. .. ".:-':1',;,;': ,t': :".',,:',._,,_..,.....;:---,>. v I IN TilE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I 94-3243 CIVIL TERM I , IN DIVORCE JANIE K. BRESSLER, Plaintiff NEAL RICHARD BRESSLER, Defendant WAIVER or NOTICE or INTENTION TO RlgUI8T ENTRY or A DIVORCE DICRlI UNDIR I 3301{c) or THI DIVORCI CODI 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimonr' division of property, lawyeros fees or expenses if I do not cla m them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be eent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and oorrect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Datel !i>!7 kG ., ) l ,,- 1.)./'../ '1 . , .;' . . (,/. .,,: X-...o"tL'. -t. ..l <....,..I Janie K. Bressler Plaintiff '. J.' l , 1.',1 , I' I ! ",. , .... .I I~~~~1~~101~~fi1~,~~I:~i~:::~~:"'~.;~_, ' '. _, "__'J;.' JANIE K. BRESSLER, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I 94-3243 CIVIL TERM I I IN DIVORCE v NEAL RICHARD BRESSLER, Defendant WAIVER or NOTICB or INTENTION TO REQUEST ENTRY or A DIVORCE DBCRIB UNDER I 330110\ or TIB DIVORCE CODI 1. I consent to the entry of a final decree of divorce without notioe. 2. I understand that I may lose rights concerning alimony' division of property, lawyer's fees or expenses if I do not cla m them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Datel \t) /q jq(p ~~~~L~-<~~-- Neal R card ressler Defendant .~T ..... ;(~~~::~:if.~;~t~~~"~'t" ." .. ' . 'F,"",', JANIB K. BRBSSLER, Plaintiff v I IN THB COURT OF COMMON PLBAS OF I CUMBBRLAND COUNTY, PBNNSYLVANIA I I 94-3243 CIVIL TBRM I I I IN DIVORCE NBAL RICHARD BRBSSLER, Defendant AFrIDAVIT or IIRVICB I, Chrietopher C. Houston, Bsquire, being duly sworn aooording to law do depose and etate that a oopy of the Complaint filed in the above-oaptioned matter along a oopy of a Notice to Plead and a Notioe of Availability of Marriage Counseling was served on the Defendant, Neal Riohard Bressler, by Certified Mail - Return Reoeipt Requested, restricted delivery, a oopy of llAid return Said service on reoeipt evidenoing delivery being attaohed hereto. _.- , June 17, 1994. /' ~ ~ C r stop Attorney for Plaintiff Broujos, Gilroy & Houston, 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 P.C. Sworn and subsoribed to I,~ before me this ~'r day of J)C('I/>'IL,lr- , 1995. ~~\.t,..--' ,J ..J^f( "<A- I Notary Publ.Le Nel,,(', :~('al t<IlWIl r 1l~'H" thliuy.)uullc C IIh!.IE 1\1,,1. Li'1'~HlIIUlld County M" 1""""1'"1(' I "r.' f,tudl18, 1099 .... 0 ..... e.' - l; r el} . . , --~ ~ ~. \~) t.. ,. - tJ~~ ~.\! C (-, ~~. ~h . . . "(() [i-L. N '1. n!~" ; ... to' i :'(1) r: l...~ 1~'}U.. I," IJ 11"1 ..' .ll 0 " ..., i.'1!~q\iNi,':.'?'l';LI.:iO' . III~OV . HOUnON. It. Co ' ,JJ~tP;~'~~~~, ~ (Y~ G c:l M Iii 'VS r G if c :C ~ t:J ;:l f- J.Vi u: - .J"", '.1.' - ~J .... iH~ t' c: ,.: " t1 ~ l,O 0\ . , . llJAN,: n, RAllIUtl All'llRNI ".AI.I 4W WI UINIOII ."411 l.4lt, "" I, t4 IlUII THIS MARRIAGE 8BTTLBHlMT AGRIEHlMT AORIIMENT made this ~ day of O~...... "' 1996, by and between NIAL R. BRUI!lLIR ("HUSBAND") of 40 Bearo School Road, Carlisle, Pennsylvania and JANIE K. BRElI!lLER ("WIFE") of 13 West Shore Drive, Camp Hill, Pennsylvania. " I T N E S S B T H I "HIREAS, the parties hereto are HUSBAND and WIFE, having been married on April 12, 1969 in Jeennette, Pennsylvania. There were four (4) children born of this marriage I Tracie A. Bressler (O.O.B. 6/02/70), Christopher N. BreBBler (D.O.B. 3/08/72), Allison K. Bressler (D.O.B. 10/23/77) and Erica No Bressler (D.O.B. 7/30/80). "HIRIAI, diverse and unhappy differences, disputes and dlfficulties have arisen between the parties and it is the intention of IIUSBANO 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 specificetionl the settling of all matters between them rellsting to the ownerflhip and equitable distribution of real and perBonal property I the settling of all matters between them relating to the past, present and future I PLAIN11f'P1l PHI'" , IJIANE G, RADCLln ATIURNEY,AT.I.AW 1111 TRINUI,[ R04U C4MP mu, P41l011 support, alimony and/or maintenance of WIFE and HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. ION, THlurORI, in consideration of the premises and mutual promises, covenanto and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as followsl 1. IIICORPORATIOII or PRlAHlLI. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGRlIMlIIT lOT A BAR TO DIVORCI PROCIIDIIIClI. 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 a 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. The parties acknowledge that their marriage is irretrievably broken and that they intend to 2 .acure a mutual conlent no-fault divorce purluant to the term. of Section 3301 (c) of the Divorce Code in WIFE'S cumberland County divorce action docketed to number 94-3243 Civil Term. AI loon as possible under the terms of said Divorce Code, the parties shall execute and file all documents and papers, including affidavits of consent, neceBBIlry to finalize said divorce. 3. I"ICT or DIVORCI DICRlI. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time II a final Decree in Divorce may be entered with respect to the parties. e. AORIIMlIT TO II IICORPOUUD II DIVORCI DICRlI. The parties agree that the term. of this Agreement .hall be incorporated into any Divorce Decree which may be entered with relpect to them. II. IOI-MlROIK. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather, it continues to have independent contractual significance and each party maintainl their contractual remedies as well as court remedin as the result of the aforesaid incorporation or as otherwise provided by law or statute. IJIANf. G, RAJlCI.IH Al"TORNEY.Al.UW IUIll1lNIlII 110411 fAlt' 1111 I.. '4 11111 1 I. DATI or IIICUTIOI. 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. 7. DIITRIIUTIOI DATI. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. e. ADVICI or COU.IIL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, DIANE G. RADCLIFF, ESQUIRF., for HUSBAND, and CHRISTOPHER HOUSTON, ESQUIRE, ESQUIRE, for WIFE. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal righ~s and obligations and they acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement ie not the result of any duress or undue influence and that it is not the result of any collueion or improper or illegal agreement or agreements. IJIANE G, RAIJCUH A1TOIIN1Y.AT.I.AW .U' T11INnl.~ RU411 C4M'IIIU., P4 11011 4 DIANE G. RAIJCJ.JH ATTORNf.Y,AT,LAIV Ill. T11INIIU Rn411 C4M' 1111.1.. P4 11011 e. rllAlCIAL DISCLOSURI. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 10. DISCLOSURB AID WAIVI or PROCIDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at thie time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of thil Agreement. Each party hereby acknowledges that this Agreement io fair and equitable, that it adequately provides for his or her needs and is in his or her best intereste, and that the Agreement ie not the result of any fraud, durese, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procsdural rightsl 5 DIANE O. RAIJCUn' AllllRNlY.AT-I.AW 1U1'IIlINIII,t IIU4U (;4M' 11111. P4 ""11 (a) The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. (b) The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. (c) The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. (d) The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), custody, visitation, and counsel fees, costs and expenses. 11. PIR'OIIL PROPIRTr. HUSBAND and WIFE acknowledge that they have previously agreed to a division of their tangible personal property including, but without limitation by way of specification: jewelry, clothes, furniture, furnishings, carpets, household equipment, tools, picturos, books Ilnd other tangible personal property. With respect to Baid division the parties agree IlS follows I 6 DIANE O. RAIJCUrr ATTORNEY,AT.L.\W IIlI l"RINIlJ.t RU4U C4MP 1111.1., P4 11011 (a) All property in WIf'I!:' S pOllel8ion and all of the property set forth on schedule "A", which 1e currently located at the marital residence, shall be the sole and separate property of WIFE. All other property currently in the posseuion of HUSBAND shall be the sole and separate property of. HUSBAND. Each party does hereby waive, release and renounce any right, title, interest and claim he or she may have in the personal property to becomo the sole and separate property of the other pursuant to the terms of this paragraph. (b) Any party having possession of personal property that is to become the sole and separate property of the other party, shall make sald propsrty available to the other party for removal into his or her possession and shall cooperate with said ether party in scheduling the removal. 12. ArTIR-ACQUIRID PROPIRTf. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since July 4, 1992, with full power in him or her to dispose of the same as fully and effectively, in all reepects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever 7 abandons any right/ title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 13. DIVISION or VEHICLES. With respect to the vehiclee owned by one or both of the parties, they agree as follows: (a) The 1995 Saturn and the 1967 Mercury Cougar shall be the sole and separate property of WIFE. WIFE shall cause the 1967 Mercury Cougar to be removed from the marital residence at her expense within sixty (60) days of the date of this Agreement . (b) The 1995 Dodge Neon shall be the sole and separate property of HUSBAND. (c) The 1977 Volkswagen, currently inoperable located at the marital residence shall be sold by the parties and/or disposed of at their joint expense. If any proceeds are derived or costs incurred as the res~lt thereof said proceeds or costs shall be divided equally between the parties. The titles to said vehicles shall be executed by the parties, if appropriate/ for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term IlIANE (J. RAIlCUH All'ORNt:Y.AH,AW I III 1 II I NIII I M1I4.. t4MP 11111, r4 11011 "title" ahall be deemed to include "power of attorney" if the 8 IJIANE G, RAIlCl.Jrr ATTOIINtY.AT,\.AW .UI1I1INIII.~ 1111411 C411'II1U, P4 11011 title to the vehicle is unavailable due to finanoing arrangements or otherwise. In the event any vehiole is subjeot to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they mllY have in the vehicles that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. lC. DIVIIION or RIAL BITATI. The parties are the joint owners of a certain tract of improved real estate known and numbered as 40 Bears School Road, Carlisle, Pennsylvania heretofore utilized as their martial residence. Said real estate is encumbered with a first mortgage to Firet Federal in the approximate amount of $20,000.00 and"a second mortgage (Keyloan) to Members First Federal Credit Union in the approximate amount of $48,000.00. With respect to said real estate the parties agree as followsl (a) The parties shall immediately list the property for sale with a mutually agreeable licensed real estate broker and shall maintain such listing with sald broker or any subsequent mutually agreeable broker until the real estate is sold. In cooperation with 9 laid broker the partiee shall use their best efforts to market the real sstate for sale and shall accept any reasonable offer for purchase thereof. The foregoing notwithstanding, if mutually agreeable the parties, the parties may subdivide the property and then market the various subdivided parcels so as to maximize the sales price of the property. (b) Upon the sals of said property the net proceeds derived after payment of all normal and reasonable settlement costs, unpaid survey and subdivision costs and payment of the outstanding balance of two mortgages, shall be divided and distributed as follows I (1) Reimbursement to either party of any amounts of survey and subdivision costs that have been paid by him or her prior to the sale of the propertYI (2) Reimbursement to either party of any amount of educational costs as those costs are defined in Paragraph 19 herein for the children paid by him or her commencing with the fall 1996 semester and thereafter until the property is sold. (3) Deposit into the education account to be established pursuant to the terms of Paragraph 19 herein of the remaining balance. IlIANF. (J, llAlICl.lfF ArlIIRNtY.41.I,AW 111I .IJINIIII 1111411 f4M'IIIlI, '4 11011 10 IJIANE G, RAIJCJ.JH A1TOIINEY..\T,I.AW 1111 TIll N IIU: Rll4U CAM'IIIU., P4 11011 (0) The marital residence ehal! be deeded to HUSBAND immediately prior to the eale thereof. Any and all costs incurred as the result of said transfer shall be paid by WIFE. HUSBAND shall report all capital 9ains on his state and federal tax returns but shall elect the Federal Once-a-Lifetime $125,000.00 Exclusion. Any capital gains taxes not avoided by said exclusion shall be paid from the educational account set forth in Paragraph 19 herein. (d) If the parties subdivide the property and there are subdivided lots which are sold separately from the marital residence, the parties acknowledge that the aforesaid federal exclusion shall not apply thereto. Those lots shall remain jointly titled and upon sale, each party shall report fifty (50\) percent of any capital gains arising out of said sale on his or her applicable tax returns and any taxes resulting from said reporting shall be paid from the educational account pursuant to the provisions of Paragraph 15 herein. lB. 11CH PARTY RETAINS ONl PENSION PLAlI. Except as hereafter set forth each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, profit Sharing plan, 401-K 11 DlANt, (l. JlAJI(:I,IH AnllIlNt.y.,n.I.AW IIUIIIINIIII .11411 l:4M'IIIII.'411011 Plan, Keogh Plan, stock Plan, Tax Deferred Saving. plan and/or any employee benefit plan of the other party, whether acquired through seld party's employment or otherwise, and hereafter uid Pension plan, Retirement Plan, savings plan, Tax Deferred Savings plan and/or any employee benefit plan shall become the sole and separate property of the party in which name or through whose employment said plan ie carried. As clarification to the foregoing the parties agree that each party shall receive as hiB or her sole and ..pante property his or her interest in his or her TDSP. The foregoing notwithstanding and with respeot to the partieo' reopective civil oervice retirement plano the parties agree as folloWOI (a) WIFE shall receive ao her sole and separate property her interest in her civil oervice retirement plan and except ao hereafter oet forth ohall be entitled to all benefito payable under said plan and shall have all right to elect any options available under said plan. The foregoing notwithotanding, the following shall applYI (I) HUSBAND shall be entitled to elect survivors annuity righto under said plan provided that he pays the couto therefore ao oaid COlts are incurred 0 For purpooeo of the foregoi n9, the term "coots" ohall include any reduction in the It! retirement benefits payable to WIFE as the result of said election. (2) If WIFE dies during the term of existence of the education account set forth in ParagrAph 19 herein, and has not yet received payment of all of her contributions into her retirement plan, the contribution then remaining to which WIFE or her estate are entitled, shall be paid to and deposited into the educational account to be established pursuant to paragraph 19 to be utilized and disbursed pursuant to the terme of that paragraph. (b) HUSBAND shall receive as his sole and separate property his interest in his civil service retirement plan and except as hereafter set forth shall be entitled to all benefits payable under said plan and shall have all rights to elect any options availa~le thereunder. The foregoing notwithstanding the following shall applYI (1) WIFE shall be entitled to elect survivors annuity rights under said plan provide that she pays the costs therefore as said costs are incurred. For purposes of the foregoing the term .costs" shall include any reduction in the DIANE G, RAIICUU' ATTOIINEY,.\1',J.AW .441 1'J\INIIU R0411 C4M'IIIL1.. '4 11011 13 IJIANE G, RAJlCJ.lH AnOIlNU..\l.J.AW IHlllIlNIIU ~1I41l tAll' 11111.. P4 ""11 retirement benefite payable to IIUSBAND II the result of eaid election. (2) If HUSBAND diee during the term of existence of the education account Bet forth in Paragraph 18 herein, and has not yet received payment of all of his contributions into his retirement plan, the contribution then remaining to which HUSBAND or his estate are entitled, shall be paid to and deposited into the educational account to b. established pursuant to Paragraph 19 to be utilized and disbursed pursuant to the terms of that paragraph. (3) WIFE shall receive $590.00 per month of each monthly benefit that HUSBAND rsceives from hie retirement until the death of either party to be paid to WIFE pursuant to a Qualified Domestic Relations Order to be entered in the pending divorce action. WIFE shall pay all taxes associated with her receipt of said benefits. 1.. DIVIIIOI or IAlI ACCOu.rl/lTOcI/Llr. I"V~J"~.. The parties acknowledge and agree that they hava previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificateD of 14 IJIANE G, RAIlCLlFr ATTORNI:Y,AT.J.AW lit. TRINIIU RlI411 C4MP 1111.1., P4 17011 deposit, IRA accounts, bonds, shares of stock, investment plane and life insurance cash value in the possession of HUSBAND ehall become the sole and separate property of HUSBAND 1 and HUSBAND agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurancs cash value in the possession of WIFE shall become the sole and separate property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. As clarification to the foregoing the parties agree that HUSBAND shall retain all monies previously deposited into the parties Members First account and that there shall be no further division thereof between the parties. HUSBAND shall also receive as his sole and separate property the Kemper Insurance IRA account which he cashed in October 1995 for a net of $10,453.46. The foregoing notwithstanding, the parties acknowledge that there is currently existing a Prudential IRA account in HUSBAND'S name having an approximate gross value of $2,600.00. If the parties decide to subdivide their marital residence, that IRA shall be cashed in and the net, after taxes, derived shall 15 DIANE 0, kAIICI.lH AnOIlNEY.4T.I.AW .11I T11INIIU 1111411 t4M' 11I1.1, 1'4 11011 be appli.d to the .ubdivi.ion and lurv.y COltS. If the parties decide not to subdlvide, the IRA shall be cashed in and the net, after taxel, divided equally between the partiel. 17. ,AIVII or 1.IIRlf~L Each of the parties hereto does specifically waive, release, renounce and forever abandon any riQht, title, interest and claim, if any, eithlr party may have in and to any inheritance of any kind or nature whatloever previously or in the future received by the other party. 11. IWllfAL DBloh The parties acknowledge that the only marital debt exiBting other than the mortgages referenced in Paragraph 11 herein is a Members First Visa debt. With respect to laid Vila debt the parties agree that IIUBBAND shall be solely relponsib1e and liable for the repayment of the exilting outstanding balanoe of approximately $2,292.00 and shall indemnify, protect and lave WIFE harmless therefrom. Neither party shall make any further charges on said account to which the other would be responsible and if said charges ere made, the party incurring the charge shall be solely liable therefore. 111. IDUCAfIOIAL ACCOI,lIf. Upon the salll of the marital residence or the death of eithsr party should said doath occur prior to the sale of the marital residence the parties shall establish an educational account to be utilized by them for funding of the education of 16 IJIANf. (J, 1lA1l<:I.ItF AnllIlNEY.Al-I,AW tHUIIINllIl IIU411 UM'IIIlI, ~4 11011 their two youngest children, Allison Bressler and Erica Bressler, which account shall be established under the following terms and oonditionsl (a) The parties may establish a elngle account or may diversify their holdings into more than one account as they shall mutually agree. Absent said mutual agreement, a single interest bearing account will be established. (b) Any account or accounts established shall be held in the joint names of the parties and shall require the signatures of both parties for any chscks to be written against said account or accounts or disbursement made therefrom. (c) The parties shall deposit into said account or accounts the proceeds derived from the sale of the marital residence pursuant to the terms of Paragraph 14 (b) herein and in the event of the death of tbe parties that deceased party's remaining civil service retirement contributions pursuant to the terms of Paragraph 15 (a)(2) and (b)(2) herein. (d) The bills and expenses to be paid from said account shall be limited to the following: (1) Any capital gains or other taxes incurred by the parties as the result of the sale of the marital residence pursuant to the terms of Paragraph 14 17 herein. For purpous of thh paragraph eaid taxes shall be determined as the amount of the differance in the tax that is payable by the parties including the gain from the sale on his or her applicable tax returns minus the amount of the tax that would be payable had said gain not be included on hiB or her applicable tax returns. (2) Any taxes associatsd with any interest or gain generated by the holding of the educational account or accounts, which tax shall be computed as the difference in the tax owed as the result of the inclusion of ths interest or gain on the applicable tax return minus the tax that would be owed had the interest or gain not be included on said tax returns. IJIANE G. RAIlCLU'F ATTORNEY.AT,J.AW IUI 1'1l1NIll.E 110411 C4MP 1I11.l., P4 11011 (3) The educational costs, whether for undergraduate college or vocational training for the aforesaid children, including and limited to reasonable room, board, books, fees, supplies, tuition and reasonable transportation costs, (4) Any other costs and expensee mutually agreed upon by the parties. (5) The foregoing notwithstanding absent mutual agreement there shall be no disbursement for any 18 lohool semester or term on behalf of any ohild who has not maintained a minimum acceptable grade point average being defined as a overall 2.0 grade point average or its equivalent for the precsding school semester or term. There further shall not be any disbursements to any child beyond the equivalent of a four (4) year undergraduate college degrse or who falls to complete said education within a reasonable period of time. (6) Upon the earlier occurrence of the depletion of the account, the youngest child reaching age 25 or both children completing their education the educational account or accounts shall be closed. If any funds remain in said account, those funds shall be divided and disbursed equally between the parties. (7) In the event a party should become incapacitated or dies during the pendency of the educational IJIANF. n. RAIlCJ.JH All'UIINEY.AT.I.AW 1U.1IIINIII,J MII411 C4M' 11IIt. f4 1'"11 account, that parties' personal representative or designee set forth in that parties will shall be substituted for the deceased party, the provisions of this paragraph being binding upon the parties their respective personal representatives, heirs and assigns. If) (8) The terms of this paragraph are not intended to confer any third party beneficiary status upon the parties children. 20. IUKRUPTCr. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 21. .OCIAL .ICURITI 1IIIrITI. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shail continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 22. IICOHZ TAl PRIOR RlTURlI. IJIANE G, RAnCLIFF ATTORNEY.AT,I.AW .U! lAINIlI,[ Rll411 C4MP 1111,1., r4 11011 The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in 20 IlIANF. (l, RAIlCI.IH AnUIINI,Y.A'I.IAW .Ull JINIII r J1l411 UlI, /Jill, P4 11011 f.deral, 8tate or looal 1ncome teX 18 proposed, or any a.....ment of any .uch tax 1. made against either of them, eech will indemnify and hold harmless the other from and against any lOll or liability for any such tax defictency or eueument therewith. Such tax, interest, penalty or expense .hall b. paid .olely and entirely by the individual who is finally d.termined 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. 23. rIIAL IQUIrAlLB DIITllaurIOI or .ao'larr. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide Baid property in any manner not consi.tent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. U. WAIVlI or ALIMOlr, ALueolr 'IIDIITI LITI, lPOUIAL 'UPPORr. MAIlrllAIICI AID COITI. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, age1nst the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and COltS. 21 DIANE G, RAIJCLlFF AlIORNEY.AT.J.AW If.. nllNnn k0411 CAMP 11I1.\., '4 11011 25. PIRIOIAL RIGBTS. HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 21. MUTUAL RlLBAIII. 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 any 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 situate, which he or she now has or at any time hereafter may have against such 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 curtsey, or 22 , IJIANE G. RADCI.IH I ATTOIINI:Y.AT,I.AW lit. TRINIII,[ Rll411 C4M' 11I1.1.. '4 11011 claims in the nature of dower or curtsey or widow's or widower'. righte , family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's willI 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 ariling under the laws of (a) the Commonwealth of psnnsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time he1'8after have for past, present or future support or maintenance, alimony, alimony pendente lite, couneel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, excspt, any only except, all rights and egreements and obligations of what.oevlr nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of thts Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which ths other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoevsr nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 23 a7. IIAIVlR OR MODIFICATIOI TO IB II NRInIG. 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. aI. MUTUAL CooPIRATIOI. 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 document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement a.. AGIIIMlIT IIIDIIG 01 IIIRI. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. IITIGRATION. This Agreement constitutss 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. 31. QTIER DOCUMENTATION. DIANE G. IlAJlCI.JIt AnOIlNl,YAl-I,AIV Ill. l111N1I1 I IIU411 C4M' 11111,,'411011 WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand 24 therefor), execute any and all written instrumenta, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 32 . .0 WilVlR or DIFAULT. 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 subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations he~ein. 33 . Billie. . If for any reason either HUSBAND or WIFE fails to perform hiJ or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party. IJJANE G, RAIlCJ.JH ATTORNty.,n,I.AW III. TR IN 1Il.E KIWI (:AMP 1111.1.. P4 11011 25 (a) the riqht to specific performance of the terms of this Aqreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringinq the action for specific performance. IJIANE G, IlAIlCLln ATTlIIINU.AT-1.A1V .m HINIlI.f. all41l C4M, 1111.1.. r4 17011 (b) the right to damages arislng out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502(e), an any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not limited tOI (1) the entry of judgement; (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; (3) the award of interest on any unpaid installment; (4) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; 26 IJIANE Q, RADCJ.JH ATTORNlY,AT.I.AIV 1141 HINIII.F. RII411 C4MP 1111.1.. P4 1l01i (5) the posting of sec~rity to insure future payments to assure compliance with the obligations undertaken by this Agreement; (6) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months. (7) the award of counsel feee and costs. (8) the attachment of the breaching party's wages. (d) Any other remedies provided for in law or in equity. 3&. LAW or PI..SYLVAMIA APPLICABLI. This Agreement shall be construed in accordance with the laws of the Commonwealth of pennsylvania. 35. BIADIRO& ROT PART or AGRlBMlRT. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS 27 mlsetllanlOlI boxes '. MASTER BEDROOM, hlnafn,'lmp III''' . tl1lnk .n~lqu. -cloD . .' :. . violin , ' photos ,\ -" 1 ," ,. hvolvln, bookcasl old rlcOrds,. ICe. undlr the bed 111,(010104 ~mps' print In po,,:dlr room . . < ~ I , , , ", , , 'CHRIS' BEDROOM, I .-"-, .", "; ':~. t ,': . I lll',l tronk . '.. . TRACIE'S BEDROOMr . , - drl..er -acorn bed frame - belon, to Tracie DININO ROOM, cut ,II" crelmer, su,ar, tCc. smlll Intlques In china deck various VISII In bufflt IQle kitchen ablnet w/etched ,llss doors .. it 1\ ., , .I~ .t' ." . ' I . " ',. list of ANTIQUES ICIII It 40 Bear'. School Lane, Carlisle. LIVING ROOt't' Melodeon.' ,., BIG 011 pllntln, . '3 f .Iceulorlel' (Intlque nBUrlnes, smlll chests, eCc.) on booklh.lvu lather topped desk ".un" ' cable . olllainp".v/h"n~.palnced '~Ide ,oval ........1. ',topped table ,. Aunt BUI', Chair 011 limp bflcketJ .mlll ifl(~rili1ed 011 pain tin, Iltie crock . HAll hind crlved Wooden 'leaves' hanafn, pi In tin, at end of hall box w/sllverware, etc. (hall closet) desk Ind chair BATHROOM (blue) flmlly photos, cut ,1111 bowl at plltter Hlvlllnd chlnllervlce for f 2 4 boxes of mllcelllneous Intlques/dlshes my 4511 . Intlque ,ames IJl0rt~d boxes of Intlque boob . .,-', j. FAMILY ROOM Aunt letta'llquare 'campllsn' table Aunt Bess' bookcase piano . antiques on wall: WWI helmets, horseshoes, Ice ton,., etc. oak library table STORAGE ROOMS: . . EXHIDIT UAU . . , . , Christopher C. Huuston A\lonlcy at Law ~2 Wrsll'U1nfrrt S""I Carliilr, I'rlUlI)'lvania 17013 717.HI,~\l70 Faciitnur: 717.241.6970 January 26, 1998 Mr. Neal R. Bressler 2235 Aspen Court Mechanicsburg, PA 17055 Dear Mr. Bressler: Enclosed please find a proposed stipulation for entry of an Amended Approved Domestic Relations Order and a proposed Amended Approved Domestic Relations Order. Also enclosed please find copies of Pages 12 through 14 of the Marriage Settlement Agreement dated October 9, 1996. As provided in the enclosed pertinent pages of the Marriage Settlement Agreement, both of you were entitled to elect survivor's annuity rights from the other party's Civil Service Retirement Plan with the cost, however, of that annuity to be borne by the party seeking the annuity, I have conferred with the United States Office of Personnel Management concerning the appropriate language for the Court Order, and they have advised that the language as set forth in Paragraph 5 of the enclosed proposed Amended Approved Domestic Relations Order will meet their requirements. This language also satisfies the requirements of the Marriage Settlement Agreement, You have also requested that you wish to seek reciprocal benefits, As noted on the enclosed pertinent pages of the Marriage Settlement Agreement, you are entitled to seek survivor's annuity rights on Mrs, Bressler's Civil Service Retirement pension. A separate Approved Domestic Relations Order would have to be drafted and entered to accomplish this, We would like to seek your cooperation in having the enclosed Order entered as an Order of Court. To accomplish this, we would need to have stipulations signed by all parties. The enclosed proposed Stipulation is what would need to be signed. Since what Mrs. Bressler is seeking is something that had already been agreed to/ we see no reason why you should not cooperate. Accordingly, I would like for you to contact me within five days of Chr/ft'ttJpher C. Htlll.\'tt'" Altome)' utl.uw 52 Wcstl'omlret Street Curlislc. I' ^ 1701l flh:(717)241.5970 FUll:(717)241.6970 Janie K, 8rmler AprOl,I998 13 Welt Shore Drive Camp IIIII,I'A 17011 File 1#: 94ech047 Altentlun: Inv 1#: 706 RE: DATE DESCRII1TlON HOURS AMOUNT LA WYER Mar.04.98 Preparatlun of Ie Iter to cHent 0.20 25,00 cell Preparation of lelter to Mr, Dressler 0.20 25,00 cell Mar.16.98 I'reparatlonof lelter to client 0,15 18,75 celi Mar.27.98 Review of l11e/preparatlon of Motion 1.25 156,25 celi Mar-30.98 Review of motion/preparation of lelter to 0.30 37,50 cell client Telephone cull with Office of Personnel 0,08 10.00 cell Manugement Totuls 2,18 $272.50 Total Fee., n1lburlement. n71.50 I'revioul Balance Ilrevious Ilu)'lIIcnts S257,75 $0,00 Balance Hue Now 5530.15 (J&(.,. PLAINT''''' IXHIIIT . ... I Ionoruble Judge In Janullry I received a lellcr lrommy cx ullorncy DllInc 1{lIdclllle slallng thllt my cx llml her llllorney wunted her to write up lln amcndcd court ordcr IiII' my cx to rccclvc survivor's unnulty us provided under Pllrugrllph 15b nfthc Mllrrillge Sclllcmcnt Agreement, exhibit A, This would melln thllt I would PIlY IiII' thc documcnt liS I did IiII' the Murriuge Selllemcnt Agreement (their A) IInd thc Amcndcd Court Ordcr (their II), To verilY check the len column to see the allorney nllllle on their cxhlblt A & II, When advised that she was no longer my allorney (cxhlblt II) Mr, lIouslon sent me a leller (exhibit C) slutlngl hud 5 duys to rcspond by signing his umcndcd courtordcr, Also staling thatifl did not sign I was In violation of paragruph 33h, I respondcd with my FAX of 1/29/lJ8 (exhibit D) stulhlllI nccdcd to contuct our IIIW for additional information, I receivcd tlmt inlhrmutlon uncI' a lew wceks, Thc dcluy was due to the llmount of pcople rctiring, Thcy gllvc mc u copy of thc IIRO Ilandbook pcrtllln to Court Orders for CSRS (exhibit E) which stales that survivor's annuity can bc granled In the amount of 0% to 55%, The Marriagc Sclllement Agrccmenlmakcs no mcntlon to any (lCrcentage or amount, just that each spouse hud the right 10 clect survivor's annuity, I asked my ex at that time if her allomey had lhe allorncy handbook till' Court Orders that could be purchased for $14, She did not know. I then received a leller from Mr, Houston (cxhibit F) 01'23 Fcb. rcquesting J gct buck to him. which I did with a FAX on 3/3/98 (exhibit 0) At no time did I state my ex was not cntltled to the annuity, just thc amount ofthe annuity and whutI askcd for was not out of line according to IIIW, J f I signed the Court Order as stated and remarried then my prcsent spouse would receive nothinu if I died, Auain Mr,IIouston wrote (exhibit II) that I was In violation of Paragraph 33b once again, that page 13 of the Marriagc Selllcment Agrcement docs not mention any accommodating a present spouse, It docs not mention one way or the other, nor docs It state that the survivor's annuity must be 100% ofthc 55% allowablc grantcd to my cx, It states just that she can clcct to receive survivor's annuity, I in no way implied she would not receive the annuity, but just wanted to have the provision in place just in case I would remarry, otherwise she would receive the entire 100% of the 55% allowable, I responded on the 12th of March (exhibit I) stating I was not in violation of paragraph 33 and when I did not receive any correspondence from him 1 though he was writing the Court order with the changes I requested. I was surpriscd, no not really, when J rcceived u letter from Mr, Houston (exhlhit I) stating that my ex wanted a court ruling on suld survivor's annuity, Whllt really surpriscd me was the second leller Slating tllUll was rcfusing to cooperate llnd therelhre breached the Marriage Settlemcnt Agreement and lhat she was asking for llllorney fces, counscl fces and costs,llnd holding me In contempt of court, (exhibit K), Paragraph 23 states that the petitioner has mllde llll rcusonllble effhrls to rcsolve lhls amicable, but the petitioner has ncvcr talkcd tomc ahout this only through hcr llllorncy. and then it was elthcr sign or be threatcn by parugraph 33, 1 Slllle thut in euch of his letters tOll1e that he docs not dlscllss but demands that there is only one solution and tlllIt Is their way, There WllS no dlscusslol1 bUlthc threat of PlIrugruph 33 in every lellcr he sent, there was 110 dlscusslol1111 all. It is cleur with the very first ICller hc scntmy ex 4 The term. of a Marriage Settlement Agreement dated October ~, IPP6, a copy of which is attached hereto and marked as Exhibit A and incorporated herein, were incorporated into the divorce decree, 5 Pur8uant to the terms of the Marriage Settlement Agreement and the decree in di VOI-ce, an Approved Domestic Relat ions Order was entered on Octoher 23, 1996. which was further amended by an Amended Approved Domestic Relations Order dated January 13, 1997, a copy of which is marked as Exhibit B and attached hereto and incorporated herein, 6 The Amended Approved Domestic Relations order provides for a distribution of a portion of Respondent's retirement benefits to the Petitioner, 7 Said Amended Approved Domestic Relations Order has been approved and processed by the United States Office of Personnel Management, B Paragraph lS(e) (1) of the Marriage Settlement Agreement provides IlB follows as it relates to Wife's entitlement of election of a survivor's annuity benefitl WIFE shall be entitled to elect survivor's annuity rights under said Plan provided that she pays the costs thereof as said costs are incurred, For purposes of the foregoing, the term "costs" shall include any reduction in the retirement benefits payable to HUSBAND as the result of said election, 9 Petitioner now wishes to elect survivor's annuity rights under Respondent's retirement plan which will necessitate amending the Amended Approved Domestic Relations Order of January 13, 1997, 10 Petitioner desires to elect the maximum survivor's annuity rights, which by law is fifty-five per cent (55') of Respondent's retirement benefits, and Petitioner will pay the costs thereof as provided for in the Marriage Settlement Agreement, 11 Paragraph 15 (b) (1) puts no limitations on the amount of the survivor's annuity rights that Wife may so elect. 12 Petitioner, through her counsel, has requested Respondent's cooperation in amending the Amended Approved Domestic Relatione Order of January 13, 1997, ao as to provide for the maximum survivor's annuity to Petitioner, 13 Respondent has refused to cooperate in amending the Amended Approved Domestic Relations Order and, instead, inB1sts on a provision that Petitioner is entitled to a maximum survivor annuity of fifty-five per cent (55%) provided that the Respondent does not marry prior to retirement, at which time if such marriage takes place, then both the Pet i t ioner and Respondent's present spouse would receive equal shares of twenty-seven and one-half per cent (27-1/2%) of Respondent's survivor annuity, 14 The Marriage Settlement Agreement does not provide for any options that the Respondent may have concerning Wife's entitlement to elect survivor's annuity rights. 15 Attached hereto and marked as Exhibit C is Petitioner's proposed Second Amended Approved Domestic Relations Order. ].6 Paragraph 28 provide. All follows concerning cooperation of the puties I MUTUAL COOPIRATION. Each party shall, at any time and fl'om time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all furthel' instruments and/or document that the other party may reasonably l'equire for the purpose of giving full force and effect to the provisions of this Agreement, 17 It is submitted, and therefore averred, that Respondent in refusing to cooperate in amending the Amended Approved Domestic Relations Ordel' has breached the Marriage Sett lement Agreement, more spec if i call y in fai ling to cooperate in amending the Amended Approved Domestic Relations Order, as aforesaid, 19 As a reaul t at Reapondent' s breach of the terms of the MArriage Settlement Agreement, Petitioner is entitled to reimbursement for her attorney's fees and costs incurred aa a result of said breach, pursuant to Paragraph 33(b) of the Marriage Settlement Agreement. 19 The provisions of 23 Pa,C,S,A, 3502(e) provides additional remedies to Petitioner including, but not limited to, the award of counsel fees and costs, the holding of the Respondent in contempt, and such other remedies as provided by law or in equity, 20 Petitioner has incurred legal fees in the filing of this motion and in seeking Respondent's cooperation, 21 The Honorable George E, Hoffer, P,J" is the Judge of record, having previously issued the Amended Approved Domestic Relations Order and divorce decree, 22 Peti tioner' s counsel had previously contacted the Respondent's counsel of record in the divorce proceedings, Diane G, Radcliff, Esquire, concerning the matters raised herein pertaining to the amendment to the Amended Approved Domestic Relations Order and was advised that she no longer represents Respondent, " 23 Petitioner has made all reasonable efforts to amicably resolve this matter. WHERBFORE, Petitioner requests this Honorable Court to enter an Order providing as followsl A. The Second Amended Approved Domestic Relations Order in the form as attached to this Motion shall be entered as an Order of Court; B, The Respondent shall be directed to take any and all steps for purposes of executing, acknowledging and delivering any and all further instruments and/or documents that the Petitioner may reasonably require for the purposs of giving full force and effect to the provisions of the second Amended Approved Domestic Relations Order; C, The Respondent shall l'eimburse Petitioner for attorney's fees incurred in the filing of thls Motion and such additional reasonable attorney's fees and costs as may be incurred by Petitioner in these proceedings; and ~RRIAGI SITTLIMIHT AGRIINlHT AGREEMEHT made this ~day of Oc1o b.-t..... , THIS 1996, by and between HEAL R. BRlSSLER ("HUSBAND") of 40 Bears School Road, Carlisle, Pennsylvania and JAIIIE It. BRESSLER ("WIFE") of 13 West Shore Drive, Camp Hill, Pennsylvania. WIT N E S SIT H I WRERIAS, the parties hereto are HUSBAND and WIFE/ having been married on April 12/ 1969 in Jeannstte/ Pennsylvania. There were four (4) children born of this marriage: Tracie A. Bressler (D.O.B, 6/02/70), Christopher N. Bressler (D.D.B. 3/08/72), Allison K, Bressler (O.O.B. 10/23/77) and Erica N. Bressler (D.O.B. 7/30/80). WIIIRIAI, diverse and unhappy differencll8, disputel 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 end 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 propertYI the settling of all matters between them relating to the past/ present and future IIIANE Q, RAIlCI.IH ATIORNf.\'.AT.I.AIY 1m nlNlIl1 KIWI (:AM. IIIJ.I, I'A 11011 EXHIBIT I A IlIAN.: G, RAJlcUn A1TllMNlV-Al.I,AW 'Ill lRINIII r R1I411 l:AMP 11111., t4 17011 Hupport, alimony and/or maintenance of WIFE and HUSBAND or of HUSBAND by WIFE/ and in general, the settling of any and all claims and possible claims" one against the other or against their respective estates. ION, TBIRlrORI, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows I 1. IICOlPORATIOI or PRlAHlLI. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. a. AGRlIHII' lOT A BAR TO DIVORCI PlOCIIDIIG.. 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 Huch defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a 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 subssquent to the date hereof, The parties acknowledge that their marriage is irretrievably broken and that they intend to 2 DIANE G, RADCLIFF ATIORNEV,AT.LAW 'Ill TRINnLE ROAn CAMP IIILL, PA 11011 secure a mutual consent no-fault divorce pursuant to the terms of Section 330l(c) of the Divorce Code in WIFE'S Cumberland County divorce action docketed to number 94-3243 Civil Term. As soon as possible under the terms of said Divorce Code, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. I"ICT 0' DIVORCI DIC..I. The parties agree that unless otherwise specifically provided herein, this Agreemsnt shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 6. AGRlIHIIT TO II IICORPORATID II DIVORCI DICIII. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. II. 101-NlRGIR. It is the parties' intent that this Agreement does not merge with the 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 otherwise providsd by law or statute. 3 e. DATI or IEICUTIOM. The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party lest executing this Agreement. 7. DIITRIIUTIOM DATI. The transfer of property, funds and/or documents provided for herein shell only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. e. ADVICI or COUI.IL. The provisions of this Agreement and their legal lIffect have been fully explained to the parties by their respective counsel, DIANE G. RADCLIFF, ESQUIRE, for HUSBAND/ and CHRISTOPHER HOUSTON / ESQUIRE, ESQUIRE / for WIFE. The parties acknowledye that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into frsely 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 reeult of any collueion or improper or illegal agreement or agreements. DIANE 0, RAIlr.t,lI't ATTORNlV.U,LAW ,Ut UINUII _041' l:Atol.1I1l1, P4 11011 4 9. ,INAlCIAL DISCLOSURI. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 10. DISCLOSURE AID WAIVE or PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fsir and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: IlIANE G, RAIlCLlFF ATTORNEY.AT.tAW 'HI TRINllI,[ ROAIl CAMP 11I1.1.. PA 17011 5 DIANE 0, RAIlCJ.Jn A1TORNtv.AT.\.AW 1111 TaINIIU. aliA II tAM' 1I1U., rA 17011 (Il) The right to obtain an inventory Ilnd apprainment of all marital and separate property as defined by the Pennsylvania Divorce Code. (b) The right to obtain en income and expense statement of the other party as provided by the Pennsylvania Divorce Code. (c) The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. (d) The right to have the court decide any other righte, remedies, privileges, or obligations covered by this Agreement, including but not limited to poesible claime for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), custody, visitation, and counsel fess, costs and expenses. 11. .IRlOIAL PRO.IRTr. HUSBAND and WIFE acknowledge that they have previously agreed to a division of their tangible personel property including, but without limitation by way of specification I jewelry, clothes / furniture, furnishings / carpets, household equipment, tools, pictures, books and other tangible personal property. With respect to said division the parties agree IlS followe: 6 mANE Cl. IlAIIC,UI'f Al10kNU.AH,AW 'lilla/NUll aU4U UIoIrlllll,HI7011 (a) All property in WIFE'S possession and all of the property set forth on Schedule "A" I which is currently located at the marital residence, shall be the sole and separate property of WIFE. All other property currently in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each party does hereby waive, release and renounce any right, title, interest and claim he or she may have in the personal property to become the sole and separate property of the other pursuant to the terms of this paragraph. (b) Any party having possession of personal property that is to become the sole and separate property of the other party, shall make said property available to the other party for removal into his or her possession and shall cooperate with said other party in scheduling the removal. 12. ArTIR-ACQUIRID PROPIRTI. Each of the parties shall hereafter own and enjoy, independently of any cleim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, eince July 4, 1992/ with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes/ as though he or she were unmarried and each party hereby waives, releases, renounces and forever 'I abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 13. DIVISION or VEHICLES. With respect to the vehicles owned by one or both of the parties, they agree as follows: (a) The 1995 Saturn and the 1967 Mercury Cougar shall be the sole and sepsrate property of WIFE. WIFE shall cause the 1967 Mercury Cougar to be removed from the marital residence at her expense within sixty (60) days of the date of this Agreement . (b) The 1995 Dodge Neon shall be the sole and separate property of HUSBAND. (c) The 1977 Volkswagen, currently inopsrable located at the marital residence shall be sold by the parties and/or disposed of at their joint expenss. If any proceeds are derived or costs incurred as the reB~it thereof said proceeds or costs shall be divided equally between the parties. The titles to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term DIANE G, RAnCLlFF ATIORNEV.AT.I.AW 'm TRINIlI.E ROAII CAMP 1IIL1., PA 17011 "title" shall be deemed to include "power of attorney" if the 8 IlIANE G, IlAIlCUrr ATIORNU,Al.1 AW lUll klNllIl JUAU I:A~P 11111, VA 11011 title to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property Ahall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and sald party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the vehicles that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 16. DIVISIOM or RIAL ISTATE. The parties are the joint owners of a certain tract of improved real estate known and numbered as 40 Bears School Road, carlisle, Pennsylvania heretofore utilized as their martial residence. Baid real estate is encumbered with a first mortgage to First Federal in the approximate amount of $20,000.00 and-a second mortgage (Keyloan) to Members First Federal Credit Union in the approximate amount of $48,000.00. With respect to said real estate the parties agree as follows: (a) The parties shall immediately list the property for sale with a mutually agreeable licensed real estate broker and shall maintain such listing with said broker or any subsequent mutually agreeable broker until the real estate is sold. In cooperation with 9 sald broker the parties sholl UI. their bllt effortl to market the real estate for lal. and shall accept any reasonable offer for purchase thereof. The foregoing notwithstanding, if mutuelly agreeable the parties, the parties may subdivide the property and then market the various subdivided parcels 80 08 to maximize the sales price of the property. (b) Upon the sale of said property the net proceedl derived after payment of aU normal and reasonable settlement costs/ unpaid survey and subdivision co.t. and payment of the outstanding balance of two mortgages, shall be divided and distributed as follows I (1) Reimbursement to either party of any amounts of survey and subdivision costs that have been paid by him or her prior to the sale of the propertYI (2) Reimbursement to either party of any amount of educational CODts as those costs are defined in Paragraph 19 herein for the children paid by him or her commencing with the fall 1996 semester and thereafter until the property is sold. (3) Deposit into the education account to be established pursuant to the terms of Poragraph 19 herein of the remaining balance. DIANE G, RADCLIFF ATIORNEY.AT.LAW 1111 TkINOn IIOAIl CAMP 11I1.1" PA 11011 10 ~' IllANf. 0, I\AIlCl.ln AnIlIlNEV,Al.I.AW 'Ill UINIIII kll411 cUlr 11111, ~41l011 (e) The maritel residence shall be deeded to HUSBAND immediately prior to the sale Lhereof. Any and all costs incurred as tha result of said transfer shall be paid by WIFE. HUSBAND shall report all capital qains on his state and federal tax returns but shall elect the Federal Once-a-Lifetime $125,000.00 Exclusion. Any capital gains taxes not avoided by said exclusion shall be paid from the educational account set forth in Paragraph 19 herein. (d) If the parties subdivide the property and there are subdivided lots which are sold separately from the marital residence, the parties acknowledge that the aforesaid federal exclusion shall not apply thereto. Those lots shall remain jointly titled and upon sale, each party shall report fifty (50\) percent of any capital gains arising out of said sale on his or her applicable tax returns and any taxes resulting from said reporting shall be paid from the educational account pursuant to the provisions of paragraph 15 herein. lB. lAC. PART' RITAINS ONW PIISIOl PLAlI. Except as hereafter set forth each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 40l-K 11 DIANE (l, RAnCl.lff AM'ORNlY.Al'.I.AW IlIlTRINlIl,r RIlAII C.AMP Iml.. FA 11011 Plan, Keogh Plan, stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party/ whether acquired through sald party's employment or otherwise, and hereafter said Pension plan, Retirement Plan, Savings plan, Tax Deferred Savings plan and/or any employee benefit plan shall become the sole and separate property of the party in which name or through whose employment eaid plan is carried. As clarification to the foregoing the parties agree that each party shall receive as his or her sole and separate property his or her interest in his or her TDSP. The foregoing notwithstanding and with respect to the parties' respective civil service retirement plans the partiel agree as follows: (a) WIFE shall receive as her sole and separate property her interest in her civil service retirement plan and except as hereafter set forth shall be entitled to all benefits payable under said plan and shall have all right to elect any options available under said plan. The foregoing notwithstanding, the following shall apply: (1) HUSBAND shall be entitled to elect survivors annuity rights under said plan provided that he pays the costs therefors as said costs are incurred. For purposes of the foregoing, the term "costs" shall include any reduction in the 12 retirement benefits payable to WIFE ae the result of eaid election. (2) If WIFE dies during the term of existence of the education account set forth in Paragraph 19 herein, and has not yet received payment of all of her contributions into her retirement plan, the contribution then remaining to which WIFE or her estate are entitled, ehall be paid to and deposited into the educational account to be established pursuant to Paragraph 19 to be utilized and disbursed pursuant to the terms of that paragraph. (b) HUSBAND shall receive as his sole and eeparate property hie intereot in hie civil service retirement plan and except as hereafter set forth shall be entitled to all benefito payable under said plan and shall have all rights to elect any options availa~le thereunder. The foregoing notwithstanding the following shall applYI (1) WIFE shall be entitled to elect eurvivors annuity right a under oaid plan provide that she pays the coats therefore ao oaid coats are incurred. For purposes of the foregoing the term "costa" 011811 include any reduction in the DIANE 0, RAIICLlFF A17UllNEV,AT.I.AW WIl ~INIIII ~lIAII f.AtoIr 11111, rA 11011 13 DIANE G, RAIlCLlFF ATIORNEV.AT.I.AW IUI TRINnu. RlIAn CAMP 1111,1.. PA 17011 retirement benefits payable to HUSBAND as the result of said election. (2) If HUSBAND dies during the term of existence of the education account set forth in Paragraph 19 herein, and has not yet received payment of all of his contributions into his retirement plan, the contribution then remaining to which HUSBAND or his estate are entitled, shall be paid to and deposited into the educational account to be established pursuant to Paragraph 19 to be utilized and disbursed pursuant to the terms of that paragraph. (3) WIFE shall receive $590.00 per month of each monthly benefit that HUSBAND receives from his retirement until the death of either party to be paid to WIFE pursuant to a Qualified Domestic Relations Order to be entered in the pending divorce action. WIFE shall pay all taxes associated with her receipt of said benefits. 1&. DIVIIIO. or BARK ACCOUlTS/lTOCK/LIrl I..URaMCI. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, AhareB of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificatss of 14 IlIANE (I, RAllCI.IH AlTOIlNU'.AT,tAW 'Ill HtNlJ1.I JU41J rAMP 1111.1, U 11011 deposit, IRA accounts, bondi, shares of stock, investment plans and life insurancs cash value in the possession of HUSBAND shall become ths sole and separate property of HUSBAND/ and HUSBAND agrses that all the said bank accounts/ certificates of deposit, IRA accounts/ bonds, shares of atock, inveatment plans and life insurance cash value in the possession of WIFE shall become the sole and separate property of WIFE, Each of the parties does specifically waive, release/ renounce and forever abandon whetever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance caeh value that is to bscome the sole and separate property of the other pursuant to the terms hereof. As clarification to the foregoing the parties agree that HUSBAND shall retain all moniss previously deposited into the parties Members First account and that there shall be no further division thereof between the parties. HUSBAND shall also receive aD his sole and separate property the Kemper Insurance IRA account which he caehed in October 1995 for a net of $10/453.46. The foregoing notwithstanding, the parties acknowledge that there is currently existing a Prudential IRA account in IIUSBAND'S nams having an approximate groBS value of $2,600.00. If the parties decide to subdivide their marital residence, that IRA shall be cashed in and the not, after taxos, dedved shall 1'.> DIANE G, RADCUFf ATI'IIRNEY.AT.I.AW Ill' TaINIlI,[ RUAIl CAMP IIIU., PA 11011 be applied to the subdivision and survey costs. If the parties decide not to subdivide, the IRA shall be cashed in and the net, after taxes, divided equally between the parties. 17. ".IVllor IMIIRITAlCI. Each of the parties hereto does specifically waive, releaoe, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party. 11. MARITAL DIIT. The parties acknowledge that the only marital debt existing other than the mortgages referenced in Paragraph 11 herein is a Members First Visa debt. With respect to said Visa debt the parties agroe that HUSBAND shall bs solely responsible and liable for the repayment of the existing outstanding balance of approximately $2,292.00 and shall indemnify, protect and save WIFE harmless therefrom. Neither party shall make any further charges on said account to which the other would be responsible and if said charges are made, the party incurring the charge shall be solely liable therefore. It. IDUC.TIOMAL ACCOUlT. Upon the sale of the marital residence or the death of either party should said death occur prior to the sale of the marital residence the parties shsll establleh an educational account to be utilized by them for funding of the education of 16 DIANE 0, RAIlCJ.lH AlTORNEV.A1'-I.AW UII TkINIlI.J RIlAIl tAM' 1111.1" fA 11011 their two youngest children, Allison Bressler and Erica Bressler, which account shall be established under the following tsrms and conditions: (a) The parties may establish a single account or may diversify their holdings into more than one account as they shall mutually agree. Absent said mutual agreement, a single interest bearing account will be established. (b) Any account or accounts esteblished shall be held in the joint names of the parties and shall require the eignatures of both parties for any checks to be written against said account or accounts or disbursement made therefrom. (c) The parties shall deposit into said account or accounts the proceeds derived from the sale of the merital residence pursuant to the terme of Paragraph 14 (b) herein and in the event of the death of the parties that deceased party's remaining civil service retirement contributions pursuant to the terms of Paragraph 15 (a)(2) and (b)(2) herein. (d) The bills and expenses to be paid from said account shall be limited to the followingl (1) Any capital gains or other taxes incurred by the parties as the result of the sale of the marital residence purouant to the terms of Paragraph 14 17 herein. For purposes of this paragraph said taxes shall be determined as the amount of the difference in the tax that is payable by the parties including the gain from the sale on his or her applicable tax returns minus the amount of the tax that would be payable had said gain not be included on hiB or her applicable tax returns. (2) Any taxes associated with any interest or gain generated by the holding of the educational account or accounts, which tax shall be computed as the difference in the tax owed as the result of the inclusion of the interest or gain on the applicable tax return minus the tax that would be owed had the interest or gain not be included on said tax returns. IlIANE (l, RADCLIff AnllRNlY.AH.AW 'U1l JINllIJ JII411 f411' 11111., '4 11011 (3) The educational costs, whether for undergraduate college or vocational training for the aforesaid children, including and limited to reasonable room/ board, books, fees, supplies, tuition and reesonable transportation costs. (") Any other costs and expenses mutually agreed upon by the parties. (6) The foregoing notwithstanding absent mutual agreement there shall be no disbursement for any 18 school semester or term on behalf of any child who has not maintained a minimum acceptable grade point average being defined as a overall 2.0 grade point average or its equivalent for the preceding school semester or term. There further shall not be any disbursements to any child beyond the equivalent of a four (4) year undergraduate college degree or who fails to complete said education within a reasonable period of time. (6) Upon the earlier occurrence of the depletion of the account, the youngest child reaching age 25 or both children completing their education the educational account or accounts shall be closed. If any funds remain in said account, those funds shall be divided and disbursed equally between the parties. (7) In the event a party should become incapaoitated or dies during the pendenoy of the educational DIANE G, RADCt.IFF ATIORNEV.AT-I.AW 1111 nlNPLr, MOAIl CAMP 1111.1., PA 11011 account, that parties' personal representative or designee set forth in that parties will shall be substituted for the deceased party, the provisions of this paragraph being binding upon the parties their respective personal repreaentativos, heirs and assigns. 19 nJANE 0, 1IA1ll:1.lH' A170RNU.Al-lAW 'HI 1 MINIU I MU~II UM'UII L tA 11011 (8) The terma of this paragraph are not intended to confer any third party beneficiary status upon the parties children. 20. JAIIJlIUPTCI. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a die charge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 21. IOCIAL I.CUIITI 1.I.rITI. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shail continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more yeare in duration. 22 . I.CONI TAl PIIOI UTUIII. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in 20 , , federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnity and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. as. rllAL IQUITUL! DIITRI.UTIOI or ,1.0,IITI. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent/ understanding and agreement of the parties that this Agreement is a full, final/ complete and equitable property division. at. 1IAIVlR or ALlMOlr, ALlMOII 'IIDIITI LITI, ,"U,AL ,U,roRT. MAIITIIAlCI AID COITI. Tho parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, agalnBt the other for alimony, alimony pendente lite, spousal Bupport, maintenance, couneel fees and costs. DIANE G, RADcurr "TIORNEY-AT.LAW IIlI UINIILt ROAn roAM' 1I11.\., FA 11011 21 IlIANE U, RAlleUH AHllRNFV.AT.J,AW '11I'1 .INIlII .HAIl /:AMP 1111 I, FA 11011 28. 'IIIO'~ IIGITS. HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, intllrforenco or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the reepective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 26. MUTUAL IILIAIII. 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 any 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 situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts / contracts, engagements or liabili tios of such other or by way of dowor or curtsey, or n DIANE G, RAIlCLlFf An'ORNEY.AT.I.AW 11I1 TRINIlI.t KOAIl CAMP 111I.1" PA 11011 . claims in the nature of dower or curtsey 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 willI 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) the Commonwealth of pennsylvania, (b) State, Commonwealth of territory of the united states, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, any only except, all rights and agreements and obligations of whateoever nature arieing or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of thi~ 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 provisions thereof. 23 IJIANt: ll. RAIICI.IH ArJURNIY,AI.I.AW 11<, 'I alNIlI. MilA" I.AMr 1111" r4 17011 n. WlIVlR OR NODIrIClTIOII TO II III WRITIIIG.. No modification or waiver of any of the terme 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. 2B . MUTUAL COOPlRATIOII. 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 end all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement 2'. lGRlIMllIT IIIIDIIG 011 BIIRI. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their reepective heirs, executore, administrators, succeseors and assigns. 30. IIIIGRAIIO... This Agreement conotitutee the entire understanding of the perties and supersedes any and all prior agreements and negotiations between them. There are no repreeentations or warrantieo other than those expreesly eet forth herein. 31 . O.T.I1IJL.DOCUMIIIWlOL WIFE and HUSBAND covenant end syree that they will forthwit.h (and within lit least twenty (20) daYB after demand ~~ t1 DIANE G, RAIlCI.JH ATI'ORNEV.AT.I.AW IHll'IIINllI,[ RIl~11 C~Mr 11I1.1., r~ noli therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement/ and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terme of this Agreement. 32. .0 WAIVlR or DEFAULT. This Agreement shell remein in full force end effect unless and until terminated under end 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 shell in no way affect the right of such party hereafter to enforce the ssme, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 33. IUACR. If for any reason either HUSBAND or WIFE fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party. 25 (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney/s fees and costs incurred as the result of said breach and in bringing the action for specific psrformance. (b) the right to damagss arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the resu 1 t of the breach and in bringing the damage action. (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502(e), an any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not limited tOI DIANE (J, RAllCUff ATIORNI:v,n,I,Aw 'm nlNllI1 RIIAU (:AM' 11111" 'A 11011 (1) the entry of judgement I (2) the authorizetion of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property I (3) the award of interest on any unpaid installment, (4) the transfer and sale of any property requirsd to obtain compliance with the obligations undertaken by this Agreementl ~[J (5) the posting of security to insure future payments to auure compliance with the obligations undertaken by this Agreementl (6) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months. (7) the award of counsel fees and costs. (8) the attachment of the breaching party's wages. (d) Any other remedies provided for in law or in equity. 36. LAW or PINNIYLVAMIA APPLICAlLI. This Agreement ahall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 311. IIADINGS lor PARr or AGRlIMlJr. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING TillS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES TIIAT TilE PROVISIONS OF THIS AGREEMENT SHALL BE AS IlJAN.: (l, RAIlC...H A1TIIIINIY,AI.(.AW IHIHINIlII ~1l~1l I:AltP 11111, U IlUlI 2" COMMONWEALTH or PENNSYLVANIA COUNTY or CUMBERLAND On this the Q+- day of OcJkJb--, 19 , before me the undersignia--officer, personallr appearEHr;--NEAL R. BRESSLER/ known to me (or satisfactori y proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. SS. IN WITNESS WHEREOF/ I seal. hereunto set my hand and notarial '~S\) i( COMMONWEALTH OF PENNSYLVANIA OIAnPf\ SS Camp thlll'" \ ,+. I'.' ,"ll '~.~'~, 'I; My commlU'O" 1:.",'6> Jdll 11 "OJI ,m II, ,nnlylYlnil 1I000illlon 01 OIIr. Ih I) - On this the 'r-" day of _v~(hkr , 19 r~ , before me the undersig~officer, personally appeared, JANIE K. BRESSLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and aoknowledged that she executed the same for the purposes therein oontained. COUNTY OF CUMBERLAND IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. IIIANE 0, RAIll:J.IH AnnIlNU,Al.I.AW 'Ill UINUIf "IlAIl (;AM' 11111, rA 11011 NOl,lfli" hOI Kmpn r tl.,l\ll] t':lI:lly PuhllO r,'P_,<II COlD ('llri;'l'iJ'd C~U"1Y II ,Ill", 1')' [- r,;" , I ,~;.. ( 1 10 . I ,) !1 ~ ~,,""'" J __fLW-- NOTARY PUBLIC 29 I.\NI:l;,I\AIlCI.IH \ I TlIRNt:\'.AT,t.AW lit" II1INIIU "0411 I '\111 tlll.l.. t'.\ 17011 4. Name and Address of Plan Administrator or Trusteel Office of Personnel Management Court Order Section P.O. Box 17 Washington, DC 20044 B. Operative provisions I 1. The Plan Administrator is directed to pay to the Alternate Payee $590,00 of the Plan Participant's civil Service Retirement monthly benefits. The payment aforesaid shall be subject to withholding taxes as set forth in Paragraph 3 below, 2. The Plan Participant shall be entitled to all other civil Service Retirement benefits remain~ng after payment of the $590.00 distributive share to the Alternate Payee pursuant to Paragraph 1 above, 3. The Plan Participant and the Alternate Payee shall each be required to pay all taxes associated with the payment and receipt of his or her respective portion of the monthly gross benefit and shall be subject to all applicable withholding taxes, 4, The above paYlllent shall commenCE: as of the date of the retirement of the Plan Participant. and except as otherwise herein provided shall continue until the death of either the Plan participant or the Alternate Payee, There shall be no death benefits payable to the Alternate Payee in the event the Plan Participant predeceases her, 5, This is a property distribution order lnilde under the ~ monthly groaa benefit and shall be subject to all applicable withholding taxes. 4. The above payment shall commence as of the date of the retirement of the Plan Participant, and except as otherwise herein provided shall continue until the death of either the Plan Participant or the Alternate Payee, 5. The Alternate Payee shall receive the maximum survivor annuity, The Alternate Payee shall pay the cost of the survivor annuity, 6, This is a property diatribution order made under the divorce and equitable diatribution statutes of the Commonwealth of Pennsylvania and, in accordance with the provisions of such statutes, the portion being distributed to the Alternate Payee has been determined to be her property, .. '\ , I verify that the statemonts in the foregoing pleading are true and correct. I understand that falae statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities, I.~~!~~/ J~e K. Bressler" , (~ .' i.~ . " , Li' . ,< ' ~90; ~'1 ~ .1 ~ F ." ,. _-,J' "- r .. ._1 I , " ~. 'J r' I I ., I .... ,l.. 1!1 ) 0' U I' II l.> . DIANE G, RADCLIff ATTORNEY.AT.LAW 'HI l'RINUI,r, MlIAIl CAMP 1111,1., PA 11011 'I " " MARRIAOE IITTLIMlIT AORIIMlIT TRII AORlEMJ:IT mllde this 9:h- day of CJc.{u~ .A-... 1996, by and between ilEAL R. BRl88LIR ("HUSBAND") of 40 Bears School Rosd, Carlisle, Pennsylvania and JAlU It. BUISLIR ("WIFE") of 13 West Shore Drive/ Camp Hill, Pennsylvania. " I T II I I I I T H I WHERIAS, the parties hereto arll HUSBAND and WIFE, having been married on April 12, 1969 in Jeannette, Pennsylvania. There were four (4) children born of this mllrriage: Tracie A. Bressler (D.O.B. 6/02/70)/ Christopher N. Bressler (D.O.B. 3/08/72), Allison K, Bressler (D.O.B. 10/23/77) IInd Erica N. Bressler (D.D.B. 7/30/80). WHIREAS, diverse and unhappy differences / disputes and difficulties have arisen between the pllrties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the psrties hereto are desirous of settling fully and finslly their respective financial and property rights and obligations as between each other including, without limitation by specificationl the Bett1ing of 1111 matters between them relating to the ownership and equitable distribution of real and perBonal property I the settliny of 811 matters between them relating to the past/ present and futuro ] ! I i I i 1 IIllANt: (i, RAIICUH AnOIlNIV,Al.I,AW : 'Ull "NIIII .nAI' I um 1111 I., rA IIU11 I :1 i . . support, alimony end/or malntenence of WIFE and HUSBAND or of HUSBAND by WIFEI and in general, the settling of any and all claims and possible claims by one against the other or againet their respective estates. lOW, orBIDroRI, in consideration of the premiBu and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable coneideration, receipt of which is hereby acknowledged by each of the pertiu hereto, WIFE and HUSBAND/ each intending to be legally bound hereby, covenant and agree as follows: 1. llCORPORATlOI or PDANllLI. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of tho Agreement. 3. AGDIMllor lOT A BAR oro DIVORCE PROCIIDII... 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 defenee as may be available to either party. ThiB Agreement is not intended to condone end shall not be deemed to be a condonation on the pert 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. The parties acknowledge that their marriage Ie lrrctricvahly broken and that they intend to 2 DIANE G, RADCl.lrF ATIORNF.V.AT-I.AW 'HI TJINIll,r. ROM> CAM, 111I.1., VA 11011 , , secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in WIFE/S cumberland County divorce action docketed to number 94-3243 Civil Term. As soon as possible under the terms of said Divorce Code, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. IPnCT or DIVORCE DICRlI. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. ~. AGRlIHlIT TO BE IICORPORATlD II DIVORCE DICDI. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. IOI-HlRGER. It is the parties' intent that this Agreement does not merge with the 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 otherwise provided by law or statute. 3 lJAN.: Q, RAUCUH AnoRNt.V.Al.I.AW '14I1.INIIU MUll r.AMP 11111.. PA 11011 '. I. DATI or IIICUTIO.. The "date of execution" or "execution date" of thiB Agreement shell be defined as the date of execution by the party last executing this Agreement. 7. DISTII.UIIOI DATI. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. I. ~VICI or COUIIIL. The provisions of this Agreement end their legal effect have been fully explained to the parties by their respective counsel, DIANE G. RADCLIFF, ESQUIRE/ for HUSBAND, and CHRISTOPHER HOUSTON, ESQUIRE, ESQUIRE, for WIFE. The parties acknowledge that they have received indspendent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal righ~s and obligations and they acknowledge and accept that thiB Agreement is, under the circumstances, fair and equitable and that it iB being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agrsement 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. 4 DIANE G, RAIlCJ.lFF ATIORNH.AT.I,AIV WI UrNIII! RIlAII CAMP 1111.1" PA 17011 " t. rlluelAL DIICLOSUU. The parties confirm that each has relied on the substantial accuracy of the finallcial disclosure of the other, as an inducement to the execution of this Agreement. 10. DISCLOSURE AND WAIVE or PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or liet of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by meane of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement, Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is f<<1r and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any ocher person or persons upon either party. Both parties hereby waive the following procedural rightsl 5 I>IANE Q, RAUCI.J rr AliORNlV.AT,UW 'HI HINlll.l ROA/l CAMP 1111.1.. PA 11011 I, (a) The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. (b) The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. (c) The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. (d) The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreemrmt, including but not limited to pouible claims for divorce, child or spousal support, alimony, alimony pendente lite (tsmporary alimony), custody, visitation, and counsel fees, costs and expenses. 11. PIRIO.At PROPIRTY. HUSBAND and WIFE acknowledge that they have previously agreed to a division of their tangible personal property inclUding, but without limitation by way of specificationl jewelry, clothes, furniture, furnishings, carpets, household equipment, tools, pictures, books end other tangible perlonal property. With respect to said division the parties agree IlS follows I 6 DIANE O,I\AIlCllft' ATTORNU,Ai,J.AW !H' HINIIU RflAII tAMP 1m!.. PA nOli '. , , (a) All property in WIFE/S posseuion and all of the property set forth on Schedule "A", which ls currently located at the marital residence, shall be the sole and separate property of WIFE. All other property currently in the poesession of HUSBAND shall be the sole and separate property of HUSBAND. Each party does hereby waive, release and renounce any right, title, interest and claim he or she may have in the personal property to become the sole and separate property of the other pursuant to the terms of this paragraph. (b) Any party having possession of personal property that is to become the sole and separate property of the other party, shall make said property available to the other party for removal into his or her posseseion and shall cooperate with said other party in scheduling the removal. 12. ArTIR-ACQUIRJ:D PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since July 4, 1992, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever 7 " abandons any right, title, interest and claim in and to laid after acquired property of the other party pursuant to the terml of this paragraph. 13. DIVIIIOJ or VIIICL.S. With respect to the vehicles owned by one or both of the parties, they agree as followsl (a) The 1995 Saturn and the 1967 Mercury Cougar shall be the sole and separate property of WIFE. WIFE shall cause the 1967 Mercury Cougar to be removed from the marital residence at her expense within sixty (60) days of the date of this Agreement . (b) The 1995 Dodge Neon shall be the sole and separate property of HUSBAND. (c) The 1977 Volkswagen, currently inoperable located at the marital residence shall be sold by the partiel and/or dispoFed of at their joint expense. If any proceeds are derived or costs incurred as the res~lt thereof said proceeds or costs shall be divided equelly between the parties. The titles to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term D1ANf, G, IlAIlCJ.\H ATIORNf.V.AT.I.AW 'U1l RINllIl, RO"" C"lIP 1111.1.. t" 11011 "title" shall be deemed to include .power of attorney" if the u IlJANE G, IlADCUfF ATI'ORNEY.AT-I,AW 'UllRINIlI.[ ROAII CAMP 1I1L1., PA 17011 " , , title to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien 'or encumbrance. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the vehicles that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 1.. DIVISION or RIAL ESTATE. The parties are the joint owners of a certain tract of improved real estate known and numbered as 40 Bears School Road, Carlisle, Pennsylvania heretofore utilized as their martial residence. Said real estate is encumbered with a first mortgage to First Federal in the approximate amount of $20,000.00 and~a second mortgage (Keyloan) to Members First Federal Credit Union in the approximate amount of $48,000,00. With respect to said real estate the parties agree as follows: (a) The parties shall immediately liot the property for sale with a mutually agreeable licensed real estate broker and shall maintain such listing with said broker or any subsequent mutually agreeable broker until the real estate is sold. In cooperation with 9 lANE G, RAIlCLlrr AlTORNtv.A....I.AW IlII TRINlIU ROAIl CAllP lilLI" PA 11011 " said broker the parties ahall use their best effort. to market the real estate for sale and ahall aocept any reasonable offer for purchase thereof. The foregoing notwithatanding, if mutually agreeable the parties, the partiea may aubdivide the property and then market the various subdivided parcels so a. to maximize the sales price of the property. (b) Upon the sale of said property the net proceed. derived after payment of all normal and reasonable settlement costa, unpaid survey and subdivision costs and payment of the outatanding balance of two mortgages, shall be divided and distributed as follows: (1) Reimburaement to either party of any amounts of survey and subdivision costs that have been paid by him or her prior to the Bale of the propertYI (2) Reimbursement to either party of any amount of educational costs as those costs are defined in Paragraph 19 herein for the children paid by him or her commencing with the fall 1996 semester and thereafter until the property is sold. (3) Deposit into the education account to be established pursuant to the terms of Paragraph 19 herein of the remaining balance. 10 lANE G, IIAIlCI.IH ATHlRNr,V.AT.IAW ....1 "NIIII JII411 CAMP 11111, P4 17011 (a) The marital l'8sidence shall be deeded to HUSBAND immediately prior to the BlIle thereof. Any and all aosts incurred as the result of said transfer shall be paid by WIFE. HUSBAND shall report all capital gains on his state and federal tax returns but shall elect the Federal Once-a-Lifetime $125,000.00 Exclusion. Any capital gains taxes not avoided by said exclusion shall be paid from the educational account set forth in Paragraph 19 herein. (d) If the parties subdivide the property and there are subdivided lots which are sold separately from the marital residence, the parties acknowledge that the aforesaid federal exclusion shall not apply thereto. Those lots shall remain jointly titled and upon sale, each party shall report fifty (50\) percent of any capital gains arising out of said sale on his or her applicable tax returns and any taxes resulting from said reporting shall be paid from the educational account pursuant to the provisions of Paragraph 15 herein. 15. IACH PARTY RETAINS OWN PINS ION PLAMS. Except as hereafter set forth each of the parties does specifically waive, releass, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retiremont Plan, Profit Sharing Plan, 401-K 11 I , JIIANE G, RAnClIFF A"'ORNEV.AT.LAW IltIUINllI,r. MOAII CAMP 11I1.1" PA 11011 Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party/s employment or otherwise, and hereafter said Pension Plan, Retirement Plan, savings Plan, Tax Deferred Savings Plan and/or any employes benefit plan shall become the sole and separate property of the party in which name or through whose employment said plan is carried. As clarification to the foregoing the parties agree that each party shall receive as his or her sole and separate property his or her interest in his or her TDSP. The foregoing notwithstanding and with respect to the parties' respective civil service retirement plans the parties agree as follows: (a) WIFE shall receive as her sole and separate property her interest in her civil service retirement plan and except as hereafter set forth shall be entitled to all benefits payable under said plan and shall have all right to elect any options available under said plan. The foregoing notwithstanding, the following shall apply: (1) HUSBAND shall be entitled to elect survivors annuity rights under said plan provided that he pays the costs therefore as said costs are incurred. For purposes of the foregoing / the term "costs" shall include any reduction in the 12 retirement benefits payable to WIFE as the result of said election. (2) If WIFE dies during the term of existence of the education account set forth in paragraph 19 herein, and has not yet received payment of ell of her contributions into her retirement plan, the contribution then remaining to which WIFE or her estate are entitled, shall be paid to and deposited into the educational account to be establiehed pursuant to Paragraph 19 to be utilized and disbursed pursuant to the terms of that paragraph. (b) HUSBAND shall receive as his sole and separate property his interest in his civil service retirement plan and except as hereafter set forth shall be entitled to all benefits payable under said plan and shall have all rights to elect any options available thereunder. The foregoing notwithstanding the following shall apply: (1) WIFE shall be entitled to elect survivors annuity rights under said plan provide that she pays the costs therefore as said costs are incurred. For purposes of the foregoing the term .costs" shall include any reduction in the IlIAN.: G, UIlCl,..... AllllRNI:Y,Al,I.AW WI HINIJI r Jll~1l fAM' 11111, h 1"11 ] 3 DIANE G, RAIlCUH A1TORNEV.AT.I,AW .... TRINIlI.I ROAIl , CAMP 111I,1, PA 11011 retirement benefits payable to HUSBAND as the result of said election. (2) If HllSBAND dies during ths term of existence of the education account set forth in Paragraph 19 herein, and has not yet received payment of all of his contributions into his retirement plan, the contribution then remaining to which HUSBAND or his estate are entitled, shall be paid to and deposited into the educational account to be established pursuant to Paragraph 19 to be utilized and disbursed pursuant to the terms of that paragraph. (3) WIFE shall receive $590.00 per month of each monthly benefit that HUSBAND receives from his retirement until the death of either party to be paid to WIFE pursuant to a Qualified Domestic Relations Order to be entered in the pending divorce action. WIFE shall pay all taxes associated with her receipt of said benefits. 16. DIVISION or BAlK ACCOUNTS/STOCK/LIr! INIURAlCI. The parUes acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insursnce cash value and hereafter WIFE agrees that all said bank accounts, certificates of 14 IIIAN.: Q, RAIlCUrF AnUkNf,r.AT-IAIV 'HI 1 alNlIl1 MlI'lI (:HtP 11111, rA 17011 " deposit, IRA aocounts, bonds, sharss of Btock/ investment plans and life insurance cash value in the possession of HUSBAND shall become the sols and separate property of HUSBAND/ and HUSBAND agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insuranoe cash value in the possession of WIFE shall become the sole and separate property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of depoeit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. As clarification to the foregoing the parties agree that HUSBAND shall retain all monies previously deposited into the partiee Members First account and that there shall be no further division thereof between the parties. HUSBAND shall also receive as his sole and separate property the Kemper Insurance ~RA account which he cashed in October 1995 for a net of $10/453.46. The foregoing notwithstanding, the parties acknowledge that there is currently exieting a Prudential IRA account in HUSBAND'S name having an approximate gross value of $2/600.00. If the parties decide to subdivide their marital residence, that IRA shall be cashed ill lInd the net/ after taxes, derived ahall ]') " be applied to the subdivision and survey costs. If the parties decide not to subdivide, the IRA shall be cashed in and the net, after taxes, divided equally between the parties. 17 . WAIVlR or IIBIRITAlCI. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously or in DIANE G, IIAIIC\.In' AHOIINH.AH,AW 'Ill HINIlU "OAIl fAMP 1111.1., PA 11011 the future received by the other party. 11. MARITAL DIIT. The parties acknowledge that the only marital debt existing other than the mortgages referenced in Paragraph 11 herein is a Members First Visa debt. With respect to said Visa debt the parties agree that HUSBAND shall be solely responsible and liable for the repayment of the existing outstanding balance of approximately $2,292.00 and shall indemnify, protect and save WIFE harmless therefrom. Nsither party shall make any further charges on said account to which the other would be responsible and if said charges are made, the party incurring the charge shall be solely liable therefore. 19. IDUCATIOIAL ACCOUNT. Upon the sale of the marital residence or the death of either party should said death occur prior to the sale of the marital residence the parties ehall establish an educational account to be utilized by them for funding of the education of 16 mANE 0, RAIICI.tt'F Al1'ORNU,AT.UW Uti nlNI>U RnAI> CAMP 11111., PA 11011 their two youngest ohildrsn, Allison Bressler and Erica Breuler / whioh acoount shall be established under the following terms and conditions I (a) The partiee may eetablieh a Bingle account or may diversify their holdings into more than one account as they shall mutually agree. Absent said mutual agreement, a single interest bearing account will be established, (b) Any account or accounts established shall be held in the joint names of the parties and shall require the Bignatures of both parties for any checks to be written against said account or accounts or disbursement made therefrom. (0) The parties shall deposit into said account or accounts the proceeds derived from the sale of the marital residence pursuant to the terms of Paragraph 14 (b) herein and in the event of the death of tba parties that deceased party's remaining civil service retirement contributions pUrlluant to the terms of Paragraph 15 (a)(2) and (b)(2) herein. (d) The bills and expenses to be paid from said account shall be limited to the followingl (1) Any capital gains or other taxes incurred by the parties as the result of the sale of the marital reeidence pursuant to the terms of Paragraph 14 J'l IJIANE G, IlAIlCl.lfF A1TORNlV,A,...,AW IHI HINIIU JlW' CAMr 1111.1. ~A 11011 .chool .emelter or term on behalf of any child who hee not maintainad a minimum acceptable 9rau~ ~"int average being defined as a overall 2.0 grade l,vlnt average or its equivalant for the preceding school semester or term. There further shall not be eoy disbursements to any child beyond the equivalent of a four (4) year undergraduate college degree or who falls to complete said education within a reasonable period of time. (6) Upon the earlier occurrence of the depletion of the account/ the youngest child reaching age 25 or both children completing their education the educational account or accounts shall be closed. If allY funda remain in said account, thoss fundi shall be divided and disburssd equally between the parties. (7) In the event a party should become incapacitatad or dies during ths pendency of the educational account, that parties' personal representative or designeo eet forth in that parties will shall be substituted for the deceased party, the provisions of this paragraph being binding upon the parties their respective personal representativos, heirs and asoigns, 1!J IlIAN.: (I, IIAllnlH , A1TORNI.V,AT.I.A W 'U' 1 RINIIU "lJ~1I I (;AM. lilli, r~ IlUll (8) The terms of this paragraph are not intended to confer any third party beneficiary status upon the partiel children. 20. _IIUPTCI. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharga of any obligations assumed hereunder, the other party shall have the riyht to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the sams as if this Agreement had never been entered into. 21. IOCIAL IICUIITY ,lllrl'l. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shail continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 22. IICOMI TAX PRlQflL8ItURM8, The parties have heretofore filed joint federal and state returns. Doth parties agree that in the event any deficiency in 20 DIANE G, RAnCLlFF ATIORNEV.AT.I,AW "41 HINIlr.r. ROAIl tAllP 1111.1" PA 11011 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 againlt any lOBI or liability for any such tax deficiency or al8e..ment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure. to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 23. rllAL IQUITABLI DIITRI.UTIOI or PRO'.RTI. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, underetanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 26. MAIVlR or ALlMOIII, ALlMOIII PliO liT I LITI, lPOU.AL IUPPORT. HAIITIIlICI AID COITI. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs. 21 mANE C;, RAIlCI,III AlluRNn.Al.J.AW 'H' 'I MINIIII MIMII tAMP 11111, PA 171111 21. 'IRIDIAL RIGI'S. HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Eaoh may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him 01' her may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 2.. MU'UAL RlLIASIS. 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 any 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 situate, whioh he or she now has or at any time hereafter may have against such 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 curtsey/or 22 }JANE Q, RADCl.lI'r ATIORNEY.AT.I.AW till HINIlI.F, AIHI. CAMP 1111.1" PA 11011 claims in the nature of dower or curtsey or widow's or widower/. rights , family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's willI or the right to treat a lifetime conveyance by the other a. testamentary / or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) Stater Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising a8 a result of the marital relation or otherwise, except, any only except, all rights and agreemsnts and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of thi. 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 undsr this Agreement or for the breach of any provisions thereof. 23 JlANt: (J, IlAIlCI.IH All'UkNF.Y,AT.J.AW 'HI 1 'INllI F kU411 C4~IP 1111.1, '4 nUll 27. IAIYlK OK NODlrlCATIOI TO II II IKITlla. 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. 21. MUTUAL CooP.IllTIOI. 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 document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement 2.. ~G"IHIIT IIIDIIG 01 HII.I. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. IITIGIlTIOI. This Agreement constitutes the entire understanding of the parties and supersedes any Bnd all prior agreements and negotiations between them. There are no representations or warranties other than thooe expreosly oet forth herein. 31. OTHER DOCUHINTATION. WIPE and HUSPAND covenant and egree that they will forthwith (and within at JaBot twenty (20) daye after demand 24 lANE G, RAIICUrF ATI'oRNEr.AT-J.Aw 'HI TRINIlI.E ROAn CAMP 111I1" rA 17011 therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necussary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 33. 10 WAIVlR or DlrAULT. This Agreement shall remain in full force and effect unlesl and until terminated under and pursuant to the terms of thil 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 subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 33 . BRIACR. If for any reason either HUSBAND or WIFE fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agresment, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party. 25 /ANt: Cl, IUIICI...f All'llRNlt,Al,IAW 'HI 1 MINIJII M1l41J UlIrlllll,t4llUII (.) the right to apeciUc performance of the terma of thh Agreement, in which eVent the non-brelching party ahlll be reimbureed tor III r'llonable attorney" tees and ooats incurred as the reeult of said breaoh and in bringing the action tor specific psrformance. (b) the right to damage. ari.ing out of breach of the terms of this Agreement, which damagls shall include reimbursement of all attorney's fen and costs incurred aa the result of the breach and In bringing the damage action. (c) the right to all remedies eet forth in Section 3502(8) of the Pennsylvanla Divorce Code, 23 Pa. C.B.A. 3502(e), an any additional righte and remediel that may hereafter be enacted by virtue of the amendment of laid Section or replacement thereof by any other eimilar lawl, which remediel shall include, but not limited tOI (1) the entry of judgement/ (2) the authorization of the taking and eeizure of goods and chattels and collection of rentl and profits of real and personal and tangible and intangible property/ (3) the award of interest on any unpaid installment/ (4) the transfer end sele of any property required to obtain compliance wi th the obligations undertaken by this Agreement/ 2(, DIANE G, RAIlCJ.JH Al,.ORNU.AT.I.AW 'UI HINIlI.I ROAIl CAMP 1111.1" PA 11011 (5) the posting of security to insure future payments to anure compliance with the obligations undertaken by this Agreementl (6) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months. (7) the award of counsel foes and costs. (B) the attachment of the breaching party's wages. (d) Any other remedies provided for in law or in equity. 3&. LAW or PIII.ILVAlIA APPLICAlLI. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 35. IllOIIOS lOT PART or AORlIMlIT. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING TillS AGREEMENT/ EACIl PARTY ACKNOWLEDGES IlAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT TilE PROVISIONS OF THIS AGREEMENT SHALL BE AS 27 , , BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL IIEARING. II WIlli.. WlIRlOr, the partie. hereto have .et their hand. and leal. the day and year firlt above written. WITNESS I 11l~ ~~~diEAL) \ lEAL . E ER ~4(L~ MU.l/l.-<./(8!AL) . IE . BRESSLER !JANE 0, IlAIlC1.IFf ATTORNU,A1',I.AW Itll lJlNllI.l MOAlI CAMP lilLI" tA 11011 28 .. COMMONWEALTH or PENNSYLVANIA COUNTY OF CUMBERLAND BB. On this the Q* day of O::k~ , l!R~ , before me the undersig~officer, rersona11r appear~NEAL R. BRESSLER known to me (or sat sfactori y proven) to be the person whose name is subscribed to the within Agreement, and aoknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. . "Nnl",rnl Sell DIBnea R" ,., 'Iolary Public Camp Hill B~'" , ", .",Iand County My Commllllon f ':"'.. Jan , , 2000 ember. Pennsylvania lIoelallon 0 0 ,riel On this the /J f~ day of &1t0~ ' 19~, befo;e me the underslq~officer, persona y appeared, JANIE K. BRESSLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and aoknowledged that she executed the same for the purposes therein contained. COHMONWEALTIl OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND IN WlTNESS WHEREOF, I have hereunto set my hand and notarial seal. ~d~ llIANE O. RAIJCI.IH AnOkNU.A'I'UW .HI HINIIII a"AII fAM' 11111. PA 11011 f~nld',id (.till Kal"" f Uy.", flclal ( Publle CiH!i~IH Bwo (:Iifluerland cown1v \ly CrlllflliSli'OIl E'i"rl~ f.1.1f{ H: 1\ , _.J NOTARY PUBLIC 29 r~ ) 1 I, , I' , I. . 1 I 1 " , I I I , '\ , , \ , J it :: jJ~ ~ < ~d~ ~!!j " nI.Ef}OFACr: rr i1'l: : I '('>11 i~~:OTIJW 95Q::r.2G [1\2122 CU'" I: ., . ('~'JIITY . h',r ",1,,\~J ,A).H l~l'~I"J'('I'1 'I' '.!I ~ .1 \~~ \," , , ~~ C) , '" L...~ .. (, " t') , I.' (, ,I ~ '1 ...b .- ( ) ~~~ ". J.-rl u... rF~! Li Il' ,"' . I N ,',' rt!,: ' I f '..' ~ .. i . I ~ !',IIl) r.. L,' ~pL.. II- l~ L- U d ~ "'. r , .r . :E! . C1.. < . '-'.1 ~ i>. , " III " 1 , . , ell , .~ L.' ';11 ., " ",.. I. HU' tk~. <'-./ .l,il. " ,.. HI' :.'Q , vs. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 94 - 3243 I I I IN DIVORCE JANIE R. BRESSLER, plaintiff NEAL RICHARD BRESSLER, Defendant REI Pre-Ilea ring Conference Memorandum DATE I Friday, April 12, 1996 Present for the Plaintiff, Janie K. Bressler, was attorney Christopher C. 1I0uston, and present for the Defendant, Neal Richard Bressler, was attorney Diane G. Radcliff. A divorce complaint was filed on June 15, 1994, raising grounds for divorce of irretrievable breakdown of the marriage. On November 2, 1995, an amended complaint was filed raising the economic claim of equitable distribution. Counsel have indicated that the parties will sign and file affidavits of consent so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The parties were married on April 12, 1969, and separated July 4, 1992. They are the natural parents of four children, two of whom are emancipated. The child Allison is in college at the University of Arizona and the youngest ohild, Erica, is in high school and lives with her mother. Husband is contributing child support for Erica in the amount of $390.00 per month. Wife is 51 years of age and resides at 13 West Shore Drive, Camp Hill, Pennsylvania. She is employed at NSLC as a management computer analyst. She has a biweekly gross income of $1,636.00. She has a Bachelors Degree from Seton Hill College. She has not raised any health issues, Husband is 57 years of age and reside in the marital resldence at 40 Bears School Lane, Carlisle, Pennsylvania, where he lives alone. lie is employed with NAVICP as a computer analyst. His biweekly gross income is $2,124.80. Husband is a high school graduate. He has not raised any health issues. The marital residence located at 40 Bears School Lane, Carlisle, Pennsylvania, where husband is residing, will be listed for sale by the parties. The home is SUbject to a mort9age in favor of Flret Federal wlth an approximate payoff of $14,000.00 and is subject to a home equity loan with Members First with an approximate payoff of around $58,000.00, Both parties are participants in the civil service Retirement System and counsel are going to try to determine how they want to approach the distributlon of the pensions in this case. Firstly, they will determine whether they want to obtain present values for the pensions of tho parties or whether they want to use the monthly benefits and then perhaps employ a QDRO on husband's pension in favor wife for any amount that would be due wife in the distribution with her receiving those monthly benefits in a deferred method, The parties also participate in tax deferred savings plans and in looking at the values of those plans, counsel have indicated that they may agree that each party keeps his or hor plan without including the values in the equitable distribution computation. Based on the pre-trial statements, husband's plan has around $479,00 and wife's plan around $358.00. Ilusband had an IRA with Kemper and the pre-trial statement showed a value at the time husband redeemed the aocount of $10,453.00. According to hie counsel he paid off the Members First Visa card in the approximate amount of $4,765.00 and used $3,500.00 toward tuition payments for Allison. There was a balance over and above the payments of $1,828.46 which husband received, which will have to be accounted for in the distribution. It is noted that apparently wife is not going to raise any objection to husband having used the $3,500.00 from that account for Allison's tuition. Husband's couneel has listed on the pre-trial statement a Membere First account including a Christmas clUb/ savings account of around $2,255.00. Also involved in the discussion was a question about whether or not household tangible personal property (antiques) inherited by wife should be included, specifically, an increase in value of those items from date of acquistlon to the date of separation. Ms. Radcliff has lndicated that although she is not at this point attempting to arrive at a preoise value for the increase, she indicated she is willlng to allow the increase generally to be considered in the total distribution computation, With respect to the Members First Christmas club/savings account, wife received $200.00 and husband the balance. Ae part of the discussion on the increase in value of the antiques, it was suggested that perhaps husband IlEBCIIEDULElJ IIEMlING ORDER AND NOTICE BETTING IIEARING -------...-------.-.---.-... '1'01 Janie K, Bressler Christopher C. 1I0uston Neal Richard Bressler Diane G, Radcliff , Plaintiff , Counsel for Plaintiff , IJefendant , CounBel for Defendant You are directed to appear tor a hearing to take teatimony on the outstanding issuea in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover day of time you exhibita Street Car lisle, Pennsy Ivan ia, on the _-19.l.l.L_._ October , 19~-p, at _...~I..Qi)._~..m, at which place 11IHJ will be given the opportllnity to present witnosBes and in support of your case. By the Court, ~~ \== Harold E. Sheely, Date of Order and Notice, 6/25/96 Byt Divorce-'Ma-Eilei- -- II' YOU DO NOT HAVE A LAWYER OR CANNOT AI'FOIlD ONE, GO TO 011 TELEPHONE TilE OFFICE BET FORTH BELOW TO FINO OUT Wlllo:IlE YOU CAN GET LEGAL HELP. Court Administratur rourth Floor, East Wing Cumberland Cuunty Courthoullll CarlJele, PA 1701 J Telephone (717) 240-h2lJlJ ..U)\.IJO., OIW'OV .. 1-10\.1..,01'1, ",0. . . . .'. . At'l'QIINIIY' "T I.AW . .. ~ HIlIITH "A.NIlYall .t~"" . oAR\.llllL.K, paNN'V&.VANIA '''0111 17171 14....'. "..",0 . , NON-MARITAL LIENS OR DATE OF PORTION OF ENCUM- 1Dll VALUE VALUATION VALUE BRANCES 6. Husband's IRA Unknown NIA NIA NIA 7. Household Approx. Furnishings l,500.00 l/96 NIA NIA (1)(11) NON-MARITAL llllTI 1Dll VALUE DATE OF LIENS OR VALUATION ~~ 1. Misc. Personal Property of Plaintiff Unknown NIA NIA 2. 1995 Saturn-Wife Approx. l2,500.00 3. 1991 GEO-Wife Unknown l/96 12,743.00 NIA NIA NIA UNnn 4. Neon-Husband Unknown (2) .IPIRT "ITN.IIII None oontemplated at this point in time, however, Plaintiff reserves the right to call any experts that may be deemed necessary concerning appraisals of marital assets, if it appears at the Pre- Trial Conference that there is a dispute as to any valuations of marital aesets or if it is deemsd necessary to obtain an appraisal for the marital residence and the 12+1- acree of vacant land. (3) TIITINONY or OTRIR PIRIONI None contemplated at this lime, other than Plaintiff. Plaintiff reserves the right to call others that may be identified as being necessary at the Pre-Trial Conference. (11) flQPOllD RlIOLUTIOI or ICOIONIC IIIUII A. Iquibble Dbtdbution - The parties separated in July of un when Wife left the marital residence. The partiel are the parenti of four children, Tracie A. Orelsler, DOS 6/2/70, Chriltophlr N. Bressler, DOB 3/8/72/ Allison K. Bresller, DOS l0/23/77/ and Briol N. Bressler, DOB 7/30180. At the time cf leparation, Allilon, Traoie, and Erioa were residing with their Mother and Chrhtopher WBl in college. In the Fall of 1995, Allhon beven attandinv the Univereity of Arizona. From the date of eeparation until a eupport proceeding was instituted by Wife at DR '24,731, 1391 support 1995, in the Court of Common Pleas of Cumberland County, Pennlylvania, Husband had made no support payments to Wife other than periodic purchases of clothing. A support conference was held on December 6, 1995, after which Husband was ordered to pay $390/month for the support of Erica. In addition, Wife maintained health and dental insurance coverage on the entire family, including Husband, which from the lime period of the date of separation to the beginning of 1996 cost Wife a total of $5,427.61. This was a benefit to lIulband in that he incurred no expenses for ccvering not only himeelf bllt the children with medical and dental insuranoo. Husband has incurred, post separation, a loan to the extent of approximately $10,000, to a8lht in co11e90 expenees for Allison's . . tuition and room and board expenses at the University of Arizona. Wife has incurred, post separation, a Personal Service Loan with a balance of $8,371.09 to help in caring for her children, including expenses for college for Allison Wife is very conoerned about providing for Allison's and Brica's future college expenses. In light of this factor, the faot that Wife hu solely supported the children since the date of separation, the fact that Husband has inoreased since the date of separation the principal balance due on the second mortgage, and the faot that Husband has a pension, the marital value of which is four times greater than Wife'S, Wife proposes the followingl A. Each party is swarded their own civil Service retirement pensions and Thrift Savings Plans. B. The marital residence and the vacant undeveloped property are to be sold. Husband would solely incur capital gains tax consequences, if any, therefrom. After satisfying the mortgage, home equity line of oredit, and settlement costs the net settlement proceeds would be distributed as followSI l. The sum of $60,000.00 or all of the net settlement prooeeds, if the sale proceeds do not amount to this eum, is plaoed into a jointly-titled account, to be held by the parties as tenants in cownon, which would require the signature of both parties to withdraw any funds, with said funds to solely be used for tuition, room, board, and traneportation expenditures for Erica's and Allison's college eduoatione, after taking into consideration any loane into consideration any loans or grants that each child may obtain. To the extent there are any funds remaining in Baid acoount after both children have conclUded their college educationB, the remaining funds are divided equally between the parties. To the extent theee fundi do not cover all of the aforeeaid expenditures for the two children, then the Husband shall be re.ponsible for 60' of these costs and Wife's share Ihall be 40'. The parties will equally share the income taxe. on the income generated by the account. 2. Any remaining funds from the sale of the real property is to be distributed sixty per oent (60') to Wife and forty per cent (40'1 to Husband. C. Ilueband's IRA will be used for payment of Allison's current college tuition, room, board, and travel expenses (Spring 19961 and to satiefy those oharges of the VISA account which have been used for Allison'e college expenses. In that order. D. The parties shall retain the marital personal property that each has in their own pOBsession. E. lIueband Bhall transfer to Wife any and all of her non-marital perBonal property Btill located at 40 Bear School Lane, Carlisle, Pennsylvania. . , F. Wife shall be entitled to the lurvivonhip annuity from Husband's Civil Service retirement. G. The parties' children shall be entitled to monthly annuitiel from the parties' Civil Service retirement. H. Until the real property is sold, Husuand shall ue solely responsible for the payment of any and all mortgages enoumbering the property and the joint VISA account. I. Until such time as the marital residence is sold and to the extent that liquidating Husband's IRA does not cover any and all of Allison's college tuition, room, board, and transportation expensel for the Spring 1996 semester, the parties shall share in those expenditures with Husband paying sixty per cent (60' I and Wife paying forty per oent (40'). J. Eaoh party shall be solely responsible for any and all other debts incurred by eaoh of the parties sinoe the date of separation and shall hold the other party harmless and further indemnify and protect the other party therefrom. R~,p~otf ubmitted, i/ C r stop c. Houston, Bsqu re Attorney for Plaintiff BroujoB, Gilroy' Houston, P.C. 4 North Hanover Street Carlisle, PA 11013 111 - 243-4514 Datel ~ ~(, DATEI 11-09-1995 . CIRS EMPLOYEE DATA EMPLOYEE NAME I DATE OF BIRTIII SERVIOE COMPUTATION DATE I DATE OF SEPARATION I DATE OF RETIREMENT. EMPLOYEE'S AGE AT RETIREMENTI IIIGII-3 AVERAGE SALARY. JANIE BRESSLER 01/07/1946 12/06/1982 07/04/1992 01/07/2007 62 YEARS 0 MONTIIS S 34,382 ............................................................................ CSRS SERVICE CREDITI 9 YEARS 6 MONTHS 29 DAYS TOTAL CREDITI 9 YEARS 6 MONTIIS 29 DAYS .. .. .. ...................................w........................................ "ESTIMATED" DEFERRED RETIREMENT BENEFITS ESTIMATED NET ANNUITY, ANNUALLY MONTIILY ---------- --------- S 5,280,00 S 440.00 -------..-- --------- S 6,280.00 S 440.00 .........a ..Ialla..a.. DEFERRED 8ASIC ANNUITY I DATBI 12-13-1995 CSIIS BMPLOYEB PATA --------..------ BMPLOYEB NAMB I PATE OF BIRTHI SBRVICB COMPUTATION DATEI DATB OF SBPARATIONI DATB OF RETIRBMENT. BMPLOYBE'S AOE AT R!TIREMBNTI HIOH-3 AVERAOB SALARY I NEAL BRBSSLBR 03/29/1939 04/12/1969 07/04/1992 03/29/2001 62 YEARS 0 MONTHS $ 45,672 ............................................................................ OSRS SERVICE CREDITI 23 YEARS 2 MONTHS 23 DAYS TOTAL CR!DITI "23 YEARS 2 MONTHS 23 DAYS .. .. .. ............................................................................ "ESTIM1\TED" DEFERRED RETIREMENT BENEFITS ----------------------------------- ESTIM1\TED NET ANNUITYI ANNUALLY MONTHLY ---------- --------- $ 19,440.00 $ 1,620.00 ---------- --------- $ 19,440.00 $ 1,620.00 ........... ..11I..=... DEFERRED BASIC ANNUITYI VI .J )( VI uJ VI Z uJ ll.. )( .!J I 8 88 8 8 8 I ~ ~ 8 ~ ~ ~ ~ g dd d c:i c:i , 0 0 0 0 0 0 i .... ... ... ~ .. ... ... .. ... ... .. 1 ii I> - .u Z I...!' '- Z -- -- n_ - I- - -- - -- -- - -- -- 8 8 8 -t 0 ., en q l1! d cO d cxi 0 CD J ... CD III en .. ... ~ CD -t lC! I> ... ... ,- 1 .. I- - - --- --- .1 8 8 8 en ... 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Pensions, Income, Expenses, Counsel fees, Experts. other witnesses. Exhibits, Proposed Resolution. Respeotfully submitted, f .. 1. BACKGROUlD IRrORIIATIOI. A. PLAINTIFFI I. Namel Janie K. Bressler 2. Address I 1128 Columbus Avenue, Apt. 6 Lemoyne, PA 3. Agel 50 4. Date of Birthl Januar& 7, 1945 Place of Birthl Greens urg, PA 5. Social Security 176-36-3628 Numberl 6. Ilealthl Good 7 . occupation I Computer Analysis 8. Employer I NSLC 9 . Incomel $1,636.00 gross bi-weekly 10. Length of Residency 50 years in Pennsylvania 11, Educational Bachelor's Degree - Background I Seaton Hill, Greensburg, PA B. DEFENDANT I 1. Name I Neal Richard Bressler 2 . Address I 40 Bears School Road Carlisle, PA 17013 3. Age: 56 4. Date of Birthl March 29, 1939 Place of Birthl Harrisbug, PA 5. social security 209-28-8362 Number 6. Ilealthl Good 7 , occupation I Computer Systems Analyst IlIANE G. RAIICJ.lH Al"l'IIkNt:\'.AT,UW 8, Employer: NAVICP IUI 'I MINIlU: anAl> CAMP 1111.1., I'A 11011 9 . Income: $2,124,80 gross bi-weekly IIIANt: Il. IlAI)(Un F. AnllkNFV.A I.I,AW IUS I MINUII Rmll lAM' 11111. ~A 171111 10, Length of Residenoy in Pennsylvania 11, Educational C. CIlILDREN OF THIS MARRIAGE I 56 years High Sohool Graduate NAMES I Tracie A, Christopher Allison K. Erica N. AGESI 25 23 18 15 DATE OF BIRTH' 6/2/70 3/7/72 10/23/77 7/31/80 CUSTODIAN, N/A N/A N/A Wife EMANCIPATION I Yes Yes In College No COMMENTS I D, MARRIAGE INFORMATION I 1. Date of Marriagel 2, Place of Marriage, 3, Date of Separation I 4. circumstances of Separation I 5. Date Action Commenced I 6, Date of Service of Divorce complaint' 7, Manner of Service I 8. Issues Raised, 9, Bifurcation, E, PRIOR MARRAIGES, 1. Plaintiff I 2. Defendtlntl April 12, 19611 Jeannette, PA July 4, 1992 Wife left June 15/ 1994 Unknown Unknown Divorce, Equitable Distribution None None None CIIILDltEN OF OTHER RELATIONSHIP/MARRAIGESI 1 . Plaintiff, 2, Defendant, None known None r; .. . . 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IHI"'fti"OA'''C'o~t'A~''''.;'OAi.i'AIIO" ',u.,lc,",o 1~'i",~i~'n At' O...;~.,.. 4.1 ...(HOIO....."..." ,,'., ".,., '''''''''''''1 I I ! ."."...."......... . ....... ....... I,............ DEPARTMENT OF DEFENSE IIIU/U CIVILIAN LEAVE AND EARNINGS STATEMENT ,tnlUt U/OIIII , .... . ,,,,,,........,.'.' ,.....,,,,,"'.,," ""."h'l , u....- , lOCAl""" , M""'" ".."'t '"flllf" JANII K GS II G7 to,48 tU8 4IIU ,00 IU8,00 411U,OO ...... 'I."I'~ " If ".......11..' IllClll'" 11....1.."'.......... lit U&vt n..... In-U-UII S,74 E 01l08/aI 140 o 1I08/ge at ,........ ."M_ .., ,." .. ''''-Ie"., MUtU"CIll- ,'uti....,,, II .....I"..."tVflOl.lIU".....'U MIMBUS \IT fCU If u, '1' ,.....,- .... It"'. '1~1lA' '~...,- ... ".MI'"'' '~ .. ....... ....., flO I SID IlAMPDIN TS PA CS . ." PA 278S8.~ " CUUIN! II" TO O.H II lIllOlI PAY IU8.80 SU88.80 TSP OATA EARNINGS fOR TSP CALC (CURRENT) T AXAlLI WAllIS I6U .88 snOS,78 n \838,80 NOHT AXAILI WAllIS GrUND. 60\ TAX 01'1""10 WAGIS 81. 84 1882.04 r rUNO, 0\ DIDUCTIONS 827,47 12888.87 C rUNO, 80\ EARNINGS rOR TSP CALC (YTOI Aile 38140,10 NIT PAY 1108. S3 28887,23 CURRENT EARNINGS "PI HOURI/OU. AMOUNT "Pi HOURI/O' n UOUN! "PI 1I0URS/OU. AMOUNT REGULAR PAY 10.00 1838,80 DEDUCTIONS "PI COOl CUUINT II" TO DAn "PI COOl cunlNT II" TO OUI AllOTMENT,SV fEGlI 0 7.43 I7B . \8 I rEGll OPTNl A 1.10 26.40 fEllB cn 84.6D \318.0D MEOICARI 23.73 86D,38 ORGIUNION RlTl"I, CIRS I 114,88 2740,D~ TAX, FEDERAL 181.DO 4388,88 , TAX, LOCAL 318 10.37 SD2.70 TAX, LOCAL 018 10.00 I TAX, STAll PA 4&.13 IODD.43 TSP SAVINGS 81.84 1881.04 LEAVE "'1 'A10R TR ACCRUID AeCRUIO uno UIID DONA TlO/ CURRIN! un-LOUI .ALANCI PAl '0 T10 PAl '0 ITO RETURNIO IALANCI lUM OAn ANNUAL t4D,OD 8,00 I3B.OO 7.00 117 ,00 281.00 4),00 SICK 418.80 4.00 02.00 123.80 3B7 ,00 COIIPlNIATORY U,OO 23.00 HOLIDAY D.DO 7 t. 00 ADMIN 24.00 EXCUSED 20,00 REMARKS , . IN ROll IN TSP - DEADLINE 51 JAN I I , . .1 , , . ,( , ' . ., ., , ,."'. ., " , , , . ' l" , , ' I , . .,~ ~ , , , . ,i, '.11': ' : I I !-t ; f';": \;t. .' I I (I . . , ' . " , . , , , , ' , j. ',', :, :: ; , ., f, i;', - ~.:;: ; .. '. f ' , . '," '. .',' ~.j . 'i"'I'ltilJiU" """"'''r'''''''~ 1:&.1'''' '1'1' I' .'., '\ . 1 ,.': 11, , . I ; " f till' . I!' j '! ;', llH ( \' ,,'oW'!,. III 'n j . \ '. I" , '\' : J ~H t'. :, I:"; j' , J, '.' I " j/' ' \ , I!r. ~y. I '1!' I" ~ '!~' (' , .' 1- ,O' ., ~.'..I'~I.1.2!n.._l-'--"'" ,',,' '-J-: ,:.,11, I. II I.. .'.1 Jd t.. J:. " .,; ." .'. ".L..J . -----_.-~., ..- - ~-------_..__._._.._-~-_._- --.-.---.-...-...-- NAME I JANtE DRESSLER DATE I H~09-1991 AVIlRJ\OE SALARY rOR TilE PERIOD 01/05/1989 TO 01/04/1992 I *,..ttt...,...................................,........t . IItOH-3 AVERAOE SALARY AS OF 07/04/1992 IS '34,382 · t.t_...tt...t..........,..............,.-...........,.tt SALARY SALARY Alj.NUAL START DATE ENO DATE SALAIlY FACTOR TOTAL SALARY -------------- ..----------- ----...----- -------- -...------.....-- 01/05/1989 01/13/1990 31,738.00 0.525000 , 16,662 01/14/1990 05/05/1990 32,879.00 0,311111 10,229 01/06/1990 01/12/1991 33,875.00 0.686111 23,242 01/13/1991 01/11/1992 35,264.00 0.991222 35,166 01/12/1992 05/02/1992 36,747.00 0,308333 11,330 01/03/1992 07/04/1992 37,B28,OO 0.112222 6,511 ----.....- , 103,141 ....... DATE I 11-09-1995 CSRS EMPLOYEE DATA --------------- EMPLOYEE NflHE I DATI OF DIRTIII SERVIOI COMPUTATION DATEI DATI OF SEPARATION I DATE OF RETIREMENT I EMPLOYEE'S AOE AT RETIREMENT I 111011-3 AVERAGE SALARY I JANIE DRESSLER 01/07/1945 12/06/1982 07/04/1992 01/07/2007 62 YEARS 0 HONTIIS $ 34,3S2 ...................D........................................................ CSRS SERVICE CREDITI 9 YEMS 6 MONTHS 29 DAYS TOTAL CREDIT I . 9 YEARS 6 MONTHS 29 DAYS aa .. .. ....c........................===............................................ "ESTIMATED" DEFERRED RETIREMENT BENEFITS ----------------------------------- ESTIMATED NET flNNUITYI ANNUALLY HONTHLY ---------- --------- $ 5,280.00 $ 440.00 ---------- --------- $ 5,2S0.00 $ 440.00 .......... .D....... DEFEIlllED BASIO flNNUITYI I'......'....,.................."'..........'"'''''..,............,......,........'''..'''''''...""".""""""",,,,,, ",.."'".",..".."..""".."",..""""""."".....,,.. "'.."...."...] THII ~I~O~T CONTAINI IN'O~MA"ON aUIJle! !O 11<1 '~IVACY ACT 0' 1174 Aa AMINOIO .............................................."..."',,,,,..............................,,....,,,.,,,,........,,.,,,,,,...,,...,,,.....,.,.,,.....'..,,'.......",........."...."..,...................,...,......."" I LEAVE AND EARNINGS STATEMENT Of AS COLUM'US M PO .OX tl2317 Al/OYf COLUM'US OH 4321'-23t7 ~C IOt.tAl "CU"I'" NO "... "'"lit toW '"I "'I QIIf Inl.OI ..... ! 02.U.1I P . ''-'NUl'' 01 UII tote WOI lUG D'" , 23,21 ".. ~IOO . U' bID hi 'U.II ,wn ..., ..t.... IIIf . . as I.... I U'" "..... 01'01.11 \ DeAlI" GIIlAhl 111'1 'II' ANHUU ,It.. h'"....... 'A to I." IIU2 I x "...... ANNUAL liCK 1Cl!4 1I0U~1 .MOUNU CURIIIN! u.u. to bAtt CURRIN! ,... ,. D"" MI'cl~UHIOUI '"f: 231100,1074100 ~ 10100 2t24.IO flU 11I,t7 1323.17 "" f ..---., - nil. II ~'I....^ ^^ L U lfi- mg- ., '-411' ... 'lB." III E j;ij D 10'.24 1147.04 E , 4ull ,,. .l"': - E A I umg- A IU. o "Oll 1.&7 ... .. ... !~ "- _/ Ri- " - V 1 1411 ' N~ U IClIa 3.00 70.'0 ... 30,11 744,74 , E ~,nn 1211~100 C ,. .... eo u:/( 100 I T ..... ~... eo '0 I N 0 - --.--- -- f oj I It I "". 'AI G ~ -- ----. ----.... 0 I! I -..- t43I.00 II PENNSYLVA I 'I I'll 11,41 .' I. S · - --- -._-,,- N r D ..- I II., ., S - ..---.. _...~.-.- . t3.'. t I I~AMPTWP .-. ""'"lUll .._, . ChI 21.15 . I 2'100 . .--- 1______ _-..- - ..-- r D .... . I II" Ix r . -- -~--- '--.-'- ...-. ... "EMARkS uw,~ ,. ,.... NEAL R .RESSLER d~ Ii.. 40 .fARS SCHOOL LN fl, IIrG JUln.RA Ih' .. .... ., CARLISLE PA 1'0'3-8888 ""'1 Iii 41113,'0 ,,,. M 1 '::~..~ r::,:~~ 1:': , Colon '124,10 Ita M ......I\MI VlllHl.M U . - . 131.17 ru R I ... . -. ...., , .., lUB,n Ilb OTHER EARNINGS . 'RAe ''&YOUl t (o\A E p-numott "1l0W"H.t , 'O"[lG...,u l IUIII' IUIll UAvt J FlU. OVERlIME "''''out" , IUHOI, 'R(loIUIt,! Q QUA"'I'" AUO'iN'hf! "I ' ftUIO"[O IIA'Y( I PAYOut fll . "UIOI\(O UA'lI . ""our I UVIIWu.:I,U I ,T.Af'lhG III" lflf N 11"1 U IUP!IIVllOR, Pl"'M"'IA\ v AlTA01CflYt '"'. .. "IlIAIN UNCOltlMII"ILf OvlIUlill( I 'aMrf/UA'O~' lll,l( U,'OUJ Il''-S.(fl 'L;n'~ IH "'\I"'J CASH AWARDS I , , o " I . . , . I . , I tR.&HO''''H(R IOHUS IU'I ,VCQElIIOH "WAllO ,(R'OIlMANff AWjAO GAINlltAAIM AWAflO IIlCAIJI1MUH 'ONUS tHvtHllON AWAIl!) "HI'I ACflUA'tICl hARLJ us P(RtO'U""rt .....ARfj hll'l "(n'O"~M~rt "",,,jt/l III ft.", "W.4l'llJ IlPA"Afl(.l1i '''((IOlVI hf "tlO["lO~ 'OliV5 'Oflllr.1i '''IiGU''Gl UA~_(J AIUMf) CI.l'lAo. '-'Hilil OTUER DEDUCTION A G"AIiIIII~("I I.a.MURAGfl . CO"''''IRCllol (JUt [ otHER "GIIlCf tOBtetlO" t> ()UA,l COMP(NUtIOIi co llloANIUtlAl", II Hili COlltcfloH . [11I10 SuprOAI fUlillMITlOI l HOl"Al.....hY ...' . l.lUl11"H ti(OUc:IIOh, , IiOV(RNMI'" 'nOpl"" () QUAnlERI tllOUt:IICN I IFl4'f'fI COtlltllON U IJMlMJI1D MllcrtUIi[OUS IUtltkf \' vA,IIUU.lTuDllil lOAHI \\' 6AitC(UjIlIOUS ftJ!llIUIIW' Y f,l1!IUR1 ""_1([ blPQSlf , 1""nfi\JPIC. NAME I NEAL BRESSLER DATE I 12-1J-199& AVlRAOI SALARY rOR Till I'IRI00 07/06/1989 TO 07/04/1992 I ....,.........".....................,*...............'t . 1I10H-J AVERAOE SALARY AS or 07/04/1992 IS . 46,672 . .............,..".,...,........,......................t SALARY SALARY ANNUAL START OAT! END DAn SALARY rACTOR TOTAL sALARY -------------- ------------ ---------- -------- ---......------... 07/05/1989 01/IJ/1990 42,651. 00 0.525000 . 22,392 01/14/1990 01/12/11191 44,lSJ.00 0.11117222 44,060 01/lJ/1991 OJ/09/1991 45,995,00 0.158HJ 7,28J OJ/I0/11191 01/11/1\1\12 47,2J8.00 O,8J8889 J9,627 01/12/1992 07/04/11192 411,221.00 0.4805&6 2J,653 ------- . 137,011 ....... DATE I 12-13-1996 OSRS EMPLOYII:II: DATA -----..--------- IMPLOYEI NAMIII DATI or BIRTIII SERVICI CO~PUTATION DATE I DATI or SBPARATION, DATI or RETIREMBNTI EMPLOYEE'S AOE AT RETIREMENT I 111011-3 AVERAOE SALARY I o MONTHS ~.........................................a...~=..ca........................ CSRS SERVICB CREDITI 23 YEARS 2 MONTHS 23 DAYS TOTAL CREDITI 23 YEARS 2 MONTHS 23 DAYS .. .. .. ............................................................................ "ESTIMATED" DEFERRED RETIREMENT BENEFITS ----------------------------------- ESTIMATBD NIT ANNUITY' ANNUALLY MONTHLY ---------- --------- $ 19,440,00 $ 1,620.00 -..-------- --------- $ 19,440.00 $ 1,620.00 .......... .......... DBrBRRID BASIO ANNUITY I . I NAME I Ne.l Dre..ler DATE I 10-U-UU AVERAGE SALARY FOR TIIB PERIOD 01/04/1993 TO 01/03/1996 *..*...****~.****.*.*******..*......*.*..*..***..*****t' . 111011-3 AVEIlAOE SALARY AS OF 01/03/1996 IS 8 53,390 · tat*tt.................._--*......,...........**-*_t..at SALARY SAL1II\Y ANNUAL . START DATB END DATE SALARY FACTOR TOTAL SALARY -------------- ---...-------- ---------- -------- ----...------- 01/04/1993 01/09/1993 49,221.00 0,016667 $ 820 01/10/1993 01/08/1994 51,042,00 0.997222 50,900 01/09/1994 03/05/1994 52,619.00 0.158333 8,331 03/06/1994 01/07/1995 54,004.00 0.838889 45,303 01/08/1995 01/03/1996 55,432,00 0.9S8889 54,816 ---...--- , 160,171 ....... PAOE 1 or 3 DATEI 10-19-1995 CSRS EMPLOYEE DATA ...........---------- IEMPLOnE Nl\HIE! DATI or BIRTHs SIERVICI COMPUTATION DATEI DATI or RETIREHJNT! EMPLOYEE'S AOI AT RETIPIMENTI SICK LEAVE! IIIOH-3 AVERAGE SALAIIY! Neal Breaaler 03/29/1939 02/24/1959 01/03/1996 66 YEARS 9 MONT liS 2160 1I0URS . 53,390 ............................................................................ .. CSRS SfRVICE CREDIT! 36 YEAIIS 10 MONTHS 10 DAYS SICK LEAVE CREDITs 1 YEAI18 o MONTHS 11 DAYS TOTAL CREDITs 37 YEARS 10 MONTIIS 21 DAYS .. .. .. .. I INCLUDES! 4 YEARS 4 MONTIIS 0 DAYS MILITARY SERVICE ) ...............................D............................................ "ESTIMATED" VOLUNTARY RITlllEHlNT SENlrITS ----------------------------------- ANNUALLY MONTHLY ---------- -----..--- CSRS BASIC ANNUITYs . 3B,3BB.00 . 3,199.00 COST or SURVIVOR BENEFITS! 3,564.00 297.00 ---------- --------- ESTIMATED NET ANNUITYI . 34,B24,OO . 2,902.00 LIFE INSURANCE PREMIUMS! 326.88 27.24 ---------- --------- NET BENEFITS! . 34,497.12 . 2,B74.76 .......... ......... rULL SURVIVINO SPOUSE'S ANNUITYI . 21,10B.00 . 1,759,00 ...................................................................... LI FE INSURANCE --------------------- (Final Baalc Pays . 55,432) COVERAGE AT RETIREMENT (xx) MONTHLY PREMIUM AT RETIIlEHJNT MONTHLY PREMIUM AOE 65 AND LATER ----------------------------- BASIC COVERAOEI OPTION A COVERAGE! . 5S,000 10,000 . 20.74 fi.60 . 0,00 (xxx) None (xx) ITotal Re~ular Lite Inaurance covera~e At Retirement I . fiB,OOO) (xxx) IBaaio Life InaUrance Reduction Elected, 75'1 PAOK 2 or 3 SURVIVOR BENEFIT ALTERNATIVES ............................. SURVIVOR BENEFIT AMOUNT YOUR REDUCED ANNUITY SPEOIFIED -------------------------------- ---------------------- BASI AMOUNT PER YEAR PER MONTH COST PER YEAR PER MONTH ------------ -------- --------- -------- -------- ---...----- rULL ANNUITY $ 21,10B $ 1,759 $ 3,564 $ 34,497 $ 2,B75 33,396 IS,360 1,530 3,072 34,9S9 2,916 28,396 15,612 1,301 2,56B 35,493 2,95S 23,396 12,864 1,072 2,064 35,997 3,000 18,396 10,116 843 1,572 36,489 3,041 13,396 7,356 613 1,068 36,993 3,083 8,396 4,608 384 564 37,497 3,125 3,600 1,980 165 84 37,977 3,165 . OATil 10-19-1991 CIRI IHPLOYII IlATA IHPLOnl NAHII IlATI or BIIITHI IIRVICI COHPUTATION IlATII IlATI or IIITIRIMINTI IMPLOYII'I AOI AT IIITIIIIMENTI SICK LIAVEI HIOIl-3 AVERAOE SALARY I N..l Bnnhr 03/29/1939 02/24/1969 01/03/199& 1& YEARS 9 HONTHS 2110 1I0UIIS , 53,390 ............................................................................ .. CSRS SERVICI CIIIOITI J2 YEARS 6 MONTHS 10 DAYS SICK LEAVE CREDITI 1 YEARS o MONTHS 11 DAYS TOTAL CREDITI 33 YEIIRS 6 MONTIIS 21 DAYS .. .. .. .. I IXCLUOIEII 4 YEIIRS 4 MONTHS o DAYS MILITARY SIRVICI I ............................................................................ "ESTIMATIO. .CATCH-62" IIICOMPUTATION AT 1101 62 ANNUALLY MONTHLY ---------- --..------ CSRS BASIC ANNUITYI , 33,768,00 . 2,814,00 COST or SURVIVOR BENErITSI 3,108,00 n9,OO ---------- --------.. ,.) IITIKlITIO NIT ANNUITYI , 30,660,00 , 2,611,00 LIrE INSURANCE PREMIUMS 1 326,8S 27.24 ...--------- --------- NIT BENlrITSI . 30,333.12 . 2,627.76 .......... ......... rULL SUIIVIVING SPOUSE'S ANNUITY I , lS,664.00 . 1,147.00 ,.) Annuity will b. incr....d by .ny COLA incr..... b.tw..n dlt. of r.tir.m.nt .nd Ig. 62, STATEMENT &. UNDIUlnEClIHOUlIlI1 S 10 IDAPC:U,. PtrlN5G AC'lIVIlIU ffOl""'L 'ArOIt UIIIO'" !l27b E lrHullo Illt . l't) 001 ~O MoChill1iu,hul\l, rUnl1,~I"'llnil1 170!J5 0041) 11I71fm I1f.I lOll IIllle 11100 ;'UJ na t~u9-~IHI3/,7 '. E Il"'~ LOU...\ IlcumH NO ~,IL "(lUll IU III W', I (lU 1IIIAII:; IHIlAIWlllIll l l'I/AlWIS / Il UIU 1 SliMS 511AUI: ACIIlUIII:; l IUWI HIll IIIlHI I QUITV II.UOU RA'I: l 111I1 (II CUI Il II AOVAllCts 1",111",111.,.",11"11,1.,1.1,1..1,1,,1,1,,,,11,1 tHAI. U bUI:SSI.LIl 40 BIARS sellout 1 U eAUltslE I'A 1'/013-U999 , t,UTICE !tll H[\iln&{ (HllE fOfllMf'{JIIIAr~1 1M urWA1IOt' nlG"'-ltlJi!.tlltlUn IIH"HlS TO (Jltil)U1E lmllt.G A.'~UR[UULA'ION LARDAS I UFFIX.OO:REOUlAR'SIlARE ACCT', :,: mn m~m~g.g~~lg', . ,:' , 71592 IlARE WITIlDRAWAl' " 7l6~2 FR TO SHARES. .4814-11 REO-D lRAUSACTIOIl 71792 ISbURSIIlO OFFIC 7l7~2 ISbURSINO OFFIC 7~092 fR TO SHARES I 720~2 HARE WlTIlDRAWAl I 7~792 BARE WITBDRAWAl 0730 7~1~2 ISBURSINO OFFIC 07~0 7~192 ISBURSING OFFIC , 7~1~2 IVIDEIlD , " I " , " I I I I I I --r- -r-r- -----------------.-.-.---------------------------------- : : L UFFlX,02 CHRISTMAS SHARE 0701 7V2~2 AVROll ALLOCATION FROM 0716 71792 AVROLl AllOCATIOIl FROM 07aO 7~1~2 AVROLl AllOCATIOIl FROM : 7~1~2 IVIDEIlD I 'I : I: JOINT OWIlERS. JAtllE K DRESSLER I " EPORTING.SSIl,209-28-B362 V-T-D DIVIDEIlDS, . 17.34 ~_L~ .L.L. .__.~.__~~______________________________________________ : : : Uf~IX,ll,SHARE,DRAFTACCOUllr, I I' I .. ,:;" ~: ". .',; .,'. I'. ~'... ',t. 1 'I''',: \ !_: J, 1''.:;_1','. '. : : : EGlimINO'. BAlAIlCE :.,' ::~ <.. 00 : ::' EPDSllS ?_:;\,\':','I;'..;"W 4145.90 ", ' I' "I; RAFTS '{'\\'I'-,\-,1\,,"I..~~'1066'09" '. : : ': ,: ISC DEBITS .-; ;;- -C:-\- ':~;71104'; 91 " "II Al NT/SERVICE CBGS " :, ,00 -. ' : I I... N~~N() BALAH,C;:~ > .' ~O~.4.9D I . I ,I:. ;" - '-'"~''' .',' '.i_',.....~; ,";~ "",' :~:'" : 'i 7~1l~2 fR FROM,SIl~RE,S,,:j,,".~72,363"0~., .'" , I:, 7011Y2 BARE DRAFT,'.,,, 2169.. " . " g~~l ~~g2 mm' ~Ugg~Hg~ ~~g~ .' 7~~tng , I ': 7~2,9 HARE WITHDRAWAl ,,,"'.:'1' " :' 7029 flARE DRAFT" "h175 if 7:O6~ FR,lOSflARES:.'~ .il25D20-11 1'.' UJ79 BARE DRAFT"';" 2101 i. 1:O8~ flARE DRAFT" :' 21B5 I, 7.099 HARE DRAFT. . 2103 : 7~ O~ HARE DRAFT' 21 B4 I 7U9 fR FROM lOAN (.014 - 09 : 07:13;9SlIARE DRAFT . I' N 49 SflARE DRAFT . : 07:14,9 SflARE DRAFT . I ON49 SflARE DRAFT . : 07;1S.9 SBARE DRAFT . I I" 'r" 1.'..':',,".\, I I I ;1. ,.\..... " I I I '. '. I ~'I' I,' ", . I ' ,. I I I , I' , I' 1 J L 67702-11 1323.38 -1179.38 -50.00 -111.51 1329.05 -1185.05 -6B.00 -25.00 -20.00 1329.05 -1185.05 .57 JOWl OWIlERS, JAlllE K BRESSLER EPORTIIlG SSIl,209-28-0362 V-T-D D1VIDEIlOS, 10.11 AeCT (,011,-00 4814-00 4814-00 40.00 .40.00 40,00 3,72 ,',1",'.:". .' 2106 219(, . 2192 . 2190 2108 ---------- --------- -.:J!'~':'rt: .",. " .~'~ ,~~~/~.::~~;~,(,~ ''',.'' , , ,.,....; '.-' "'~.I"I,.,,-'.,."" ", ' " "," ,. -, ." ,'~' , I ' , . TOTAL: UUMBER DRAF1S lEARED')~:: O':tant;:","\ ~','.-.:" ,-" , -,-Y4"~;.'~'.",: i~ii~'7!I::~'~~-"; VOUR 'AVO, DAll V, BALAlI E, WAS,;":;' 98.1.3,'iI,;.", VOUR lOW MONTII BALAtl E WAS;. '''i':' ;'.~,hi:~OO' , ,~; '"....' ""3d'0'JO"'O,,~';U;~mt;dli' :,:,:'::"r 0103001470 _, ~=12':55 lil(l1...t287!45 '" .' . "664:91 !l\,\952:S6 "'.::,"i" ,,' " " , 519.38:, 1471'~14 . ,'.'.' ,'.. .. ~m:oo ~~~ "r, "'0184001170 '.' -22;94t~tffin) '\:, ,. 010~0;1l1l4' ',~min ~."1380j~~: 0190006673 -37:00 ~YfS43t22 0191000958 '~24;00 ~~lt319,22 ,0192005478 -100,00 ',~fl Z19;22 , , 500.00",\719.22 '0195DIZ640 -25.DO ."694.22 ~:,y- 0196010560 ','':'32:'64':W661'.50 .' ::" .:0196020093 ",-31;50:\1~'624'.00' " ':', 0196020344 -460:82 ';.';,163;26 .'S> .' 0197014194 , :_',~~9,\00.;:~1~,~:26 i: :~tJ~'::\J~',':.~,",; ",' ,i :.,j(.;,\~~~;~'~ ~;-;d'n'.:';;~',' :t;i.I~.J'1-\\\~';J: . I , ' 'rt~"1,\~::1: ~ ;;;}:.,; .fJ~ '~:l:',"t:,";: "I ""+1"\"411'.";"'" H....~, \J J~ ",ti '1_,< ~ , I... .. li"~' "'.' "-.J;\...,~J.',;,\'''' \t1~'-"bl."~".:, . "," .... I,'" -, .. - , ,'. , ".. .,-,..,l .t. ,. " I "'~;'I.i"~\"",,' :..' ~'"I " .'....'. -.I ~!'I.f\}l:'\.';,~; ',I ., , ,l,l.il 1'.11'1\. .t.1. ). 'I'd l'llll/" ".t . !.rA,{T .:.JLII,,, Jl\l i: NJ ";)(;,\ 1/ ,',OIL , "'^Lit',.I;tl; j, 1 t\ T I, i(, . 1 ,',\I ,) '( IJ ,. I. A T l lll,ll, 'i ,'.\ 1 , Ii UCI:JW If.!:."..r . T,~ TAL I' ,\'{ /\1' I, r !. l:iCltJn 1'4'{,\,..H $ j/J-I ,-J.,-'!'j-t,Jul ST I'L,JI,il.l, .,. 11'\", II ~lUllll o IIdX 1111 'H N /."" ,I "Ilk I i ,1\)1',., l'/. III .)" ~1 ..I. 1i iii i,.,' I.Jilti ,\\:C 1t1;:T J1-(\-\JJOllOlh~I'J it.. .f.,l '\ ';'H :.)~lLI{ J/\Id ,. r, 1.1"..iSl :i\ ~,) ,;'.I\,\' .Cdihll III l.M,lIHc I'A IIOlj-H'l1 ..-:': - ..~-_._-_.__._...,..~.. .,-,-,-"'-'--"--- RAN IUUtl I ~A.ll.. IOJ(:IOl:$(:1 I I I 'fit Oltll'l'UIPytlJl IAR 111 HAill1'V11 fI .PR OHAPRIPYHlI lAY 01114AYII'VHlI IAV 2111JUIHl'YHfI IUN 211JUlIi'YHTI ,UG O:UAUGIPYHJI iEP 031 HI' II'Yl4l1 iEP 3011ltf'I'YHTI It' 26 tlUVll'YHTI It:t 01 OECII'YHTI let 21 JANI PYH fa I I I . I I I I I I I . I I I I I I I . I I I I I I I I I I I I I I I I f'Allt I'dllI'L~IY AUJRLjjl 1.0 ll.:f.,lj $\:ltJJl lil (;.\l\lbLl 1'.\ 110ll .. .!:~!l.I4.!,~Ah ul " lJZ !d!..J!.lLllL'.1.L__-..._- rUfAl I I INrel\ESTI c:iCi\UW I I:SCIlUW I . .._A.~!!I)IiLp ~1'!UJlq!,!~.....!/l H:_j:H~G_L..1QIH[Ji I IIAlANCE I I I I I I ltl2.611 121.o\Zt 161.191 .001 .001 202.611 122.361 160.251 .001 .001 2~2.bll 123.JOI 159.311 .U~I .001 2a2.bll 124.251 158.361 .001 .001 2B2.611 125.211 151.0\01 .00' .001 2$2.611 126.1t11 156.0\31 .001 .001 2112.611 121.151 1~5.461 .001 .00' ltl2.611 128.131 1~4.481 .001 .001 282.611 129.121 153.491 .001 .001 202.611 130.111 152.501 .001 .001 282.611 13t.ll1 15le491 .001 .001 282.611 132.131 150.481 .001 .001 I I I I I I I I I I I I I I I I I I I I . I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I · I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 JI: I 21l910.:)0 193'JU.u2 .~o .Uu .00 loIlU.d4 .uu .uo ~ d l.u I .00 201119.0 20666.1 20~4301t 20419.1 20293.9 20167.7 20040.0 19912.5 19783.3 1965302 191122.1 19390.0 . STATEMENT .,.___i.IF.....~ IlND/DIAlCT INOUIAlU to, lI"P=CU,. DI'I~" ACtIVltl.' 'ltlllUl CAIDll UNIO~ 6216 E, rllndlend , 1'0 00140 Mldl.fllclburg, Punl1.yl~ar\l. 170b!) U040 1117)69',116' lOLl mE E I 000 283 2118 SIE YOUR CII-HlWS fOR OElAllS REUARDIUO, . CIIANotS TO CHRISTMAS SHME AccoUtns · lOWERED 1I0ME !'QUI1X nOOR RATE . lINE OF CREIlIT AIlV NCES HEAL R BRESSLER I I I I I I I I I' I I I I I I I I I I I I II I I I I I I I I i I I I I I I I I I I I I I I I _.J.._ OR 1992 [PORtl No . UN 09-28-8362 IRA YID DIVIDENDS . TOTAL YTD WITHIiO DING . ., \ ~: ',' .,~;I ~!,'" ,I, ; .,TilT eYTD.. FOR EITURES ,00 . OlltER YTD DIVIDENDS . TOTAL YTO DIVIDENDS ,00 OTAl .aFINANCE CIIAROE'. PAID 33.66 2646,71 33.66 ,00 0" '" I, \ ", , , ~ . , :;, i >~;j;.!, ,"'f,.,!=!j, , ; ~ , .. .', ,_._-..../.; . ,,'. ' I . ,'" . .. .. '; ,~ " ' ~ ~::! ti " ,..,...'1.J....' '''-;'... '" j'j ",',",':.:'rj'i.' ,_ ...... _.~....__...,......_..._ ;"....T.......~....__.. ~............. ...-., _~_..... ...._.....; . , ,- ~ i ,.:...: ~ .I<j'\;, j' 'i \;!j<;' ,.., . ~- .. . ',~)" j ". ',", ~'- .. . '"'-"-.I.'.'~~;""' --"t'l' .' ~ I ! 'l ,.. ~ ' . . - ,t- lIt. " , .. .. ~., ;' "":'. -' ji' " , \~ I .. " ''-:., " .... '.' , , ',;'. ",~, - ':, ' '.,. ,....)..1 ,.t:, :f,!., . '~.. .'. .... .')1-;.;;',,::;:.:, ~'!"'XJ\>:"'~ -:~"!:y;~-:;.'~- ,."Ij';"":: . "'f", ~ "",:", .'.t.. ';1' J.' .....1 ',liN t 'J"t. , Irti...!Jl.IHl!' ~ ,: ; ,j ~.\ ','; ____uu Y.JHi'!H~.. i,," '\,' 'j - -. " "\1;",..', ,t"Jt,':,;"r ii ,",'. , ' : ('r::~.',~\ll~~:" - , "i, . . 'L, ~t:,' :: t'~~;I\< '.:~" l~~~" '1",. '1",.11.,1'" , " . , , . .. " :<', ',',' I ji 11\,;.. f \' ',',- h ~ \'.r " " iI' " '.... I:;" I, , .. I" I.) , ". , ' , " I ' .>.1 " ,p :'" '. I .1 ~tj ~I ~ ~ . ~ .... H .... .... J~!~ ~. ~ ~ i ~ ,S ~ i M ~ 11\ ~ ~ ~f ~ ~ ~ d I~~ ~ ~ t I ~ ~.( . ~ t<: J<iJ H i ~! g ~II ~ r>: ~ t. " , ,. divorce all oqul tilhle dial r ihut10ll sti\tUttlll of the convnonwealth of 1'llllllsy)vallla i~nd, III a('('or.dallce with the provisions of such statutes, tile pott iOIl hoinu diatr ibuted to tile Alternate Payee lIaa been det:tHlnllllld to ho her plopetly, 6. Notldllcl IIIJltdll l'Olllilllll!d llllall ill dny way requite the Plan to plovide any 10111I, type or alllount: of belwfit not otherwise aVid lahll! by lil~'" 7. A tJue copy of t.Idfl order flhall be served upon the Plan Administrator and allall ti\ke effect invnediately and shall remain in effect until furlllel order of court. This Court shall retilin juJlfldiction over thia issue so as to carry forth the intent of tide order BY TilE COURT, J, 'I, l.~ ''J (t- \0 r'c - <.;; -;- .. I,', ... , .~... ....... ~'! , 'I ~ ; - \ 1 \ oj' P I . I " . ~. . , I- I ~; . (J 4. ~ ~ i I II a!l~ ~iJi ~<I! '!! ,; .. ,,1- - JANIE K. BRESSLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NEAL R. BRESSLER, Defendant CIVIL ACTION - LAW NO. 94-3243 CIVIL TERM ORDER OF COURT AND NOW, thia 21at day of May, 1998, after hear1n~, the Petitioner's request to amend the Domestio Relat10na order is approved. Defendant is d1reoted to slqn any documanta reaaonably required by the United States Office of Personnel Manaqement, Court-Ordered Benefits Branch, to effectuate the veatinq of survivor's rights as authorized by law and requested by Plaintiff/Pet1t10ner. The costs of the preparation of the amended Domeetic Relationa order ahall be borne by Plaintiff/Petitioner, however, Defendant/Respondent shall reimburse Plaintiff/Petitioner for one-half of all cOltl incurred 1n the filing of a hearing on thi. matter. Thesa costs include the $272.50 set forth in Plaintiff's EKhibit No.4, $26,00 set forth in Plaint1ff's Exhibit NO.5, and the two and a half hours at $125.00 for the preparat10n and attendance at today's hearinq, said sum to be paid to Mr. Ilouston by Defendant within thirty days of today's data. By the Court, ~dward E. Guido, J. I; C1 "'.1'1.1 '.\1 f,.) t' ~! 'J : 'i~ ~. ~ I I t~ Iii , ,', , , .. UIi, I, . It., " ,\. lit it