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HomeMy WebLinkAbout99-05514 #+? p l ' Y ..„.. K.':'I ?i y rY.A?Y J' a:^Y 1 f?. ?k a 5`yk i T?T t'v o-1..CG a 1 't p. fi t I e?gpyyG z IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY SNI STATE OF PENNA. ' M1' 4 PATRICIA MUSKEY MERTLE, Plaintiff I No. 99-5514 VERSUS MICHAEL J. MERTLE, Defendant 11 DECREE IN DIVORCE ? J ?:3aA•?• AND NOW, 1 200 ..r IT IS ORDERED AND DECREED THAT PATRICIA MUSKEY MERTLE MICHAEL J. MERTLE AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All claims have been resolved pursuant to the Marital Settlement Agreement dated November 7, 2000 which shall be incorporated but not merged into this Divorce Decree. BY THE U ATTEST: J. 1 ROTHONOTARY In The Court Of Common Pleas Of Cumberland County, Pennsylvania Plaintiff Docket No. 99-5514 Patricia Muskey Mertle In Divorce V. Defendant Michael J. Mertle COURT ORDER AGCEPTAar F FOR PROCESSING AND NOW, this I day of 3&^%4V 200 based on the findings set forth below in items one through five, IT IS HEREBY ORDERED, ADJUDGED AND DECREED In items six through eighteen: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on February 17, 1984. 2. Effect of This Order as a Court Order Acceptable for Processing: This Order creates and recognizes the existence of a former spouse's right to receive a portion of the employee's benefits payable under the Civil Service Retirement System ("CSRS"). Such benefits may represent a portion of the Employee Annuity, a Refund of Employee Contributions or may award a Former Spouse Survivor Annuity to the former spouse. It is intended to constitute a Court Order Acceptable for Processing under final regulations issued by the Office of Personnel Management ("OPM"). The provisions of this court order are drafted in accordance with the terminology used in Part 838 of Title 5, Code of Federal Regulations. The terminology used in the provisions of this order that concern benefits under the Civil Service Retirement System are governed by the standard conventions established in that part. 3. Employee Information: The name, last known address, social security number, and date of birth of the "Employee" are: Name: Michael J. Mertle ("Employee") CSRS (GOAP) Address: 811 Brian Drive, #103, Enola, Pennsylvania 17025 Social Security Number: #196-36-8640 Birth Date: October 31, 1948 4. Former Spouse Information: The name, last known address, social security number, and date of,birth of the "Fortner Spouse" are: Name: Patricia Muskey Mertle ("Former Spouse") Address: 8 Pamela Place, Mechanicsburg, Pennsylvania 17055 Social Security Number: #178-36-1046 Birth Date: January 4, 1947 The Former Spouse shall have the duty to notify the OPM in writing of any changes in her mailing address subsequent to the entry of this Order. 2 5. Identification of Retirement System: The Employee will be eligible for retirement benefits under the Civil Service Retirement System based on employment with the United States Government. 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania. 7. For Provision of Marital Property Rights: This Order relates to the provision of marital property rights of the Former Spouse as a result of the Order of Divorce between the Employee and Former Spouse issued on . 8. Providing for Payments to Former Spouse: The Former Spouse is entitled to a portion of the Employee's Gross Monthly Annuity under the Civil Service Retirement System as set forth below. The United States Office of Personnel Management is hereby directed to pay Former Spouse's share directly to Former Spouse. 9. Amount of Former Spouse's Benefit: This Order assigns to Former Spouse an amount equal to Thirty-Two and Twenty-Five One-Hundredths Percent (32.25%) of the Marital Portion of the Employee's Gross Monthly Annuity determined as of the Employee's date of retirement. For purposes of calculating Former Spouse's share of DRAFTED: 11/27/00 I- ;jy CMS- (00AP) -- --- ----- PAGE 3 Employee's benefit, the Marital Portion shall be determined by multiplying the Employee's Gross Monthly Annuity by a fraction (less than 1.0), the numerator of which is the total number of months of Creditable Service earned under the CSRS during the marriage (from February 17, 1984 to March 29, 1998), and the denominator of which Is the total number of months of the Employee's Creditable Service accrued under the Civil Service Retirement System (including military service credited to the CSRS should the Employee opt out of receiving his military retainer pay). The marriage began on February 17, 1984. Further, any salary adjustments that occur after March 29, 1998 shall be incorporated into the calculation of Former Spouse's share of the Employee Annuity. 10. Cost of Living Adjustments: When Cost of Living Adjustments are applied to Employee's retirement benefits, the same Cost of Living Adjustment shall apply to the Former Spouse's share. 11. Benefit Commencement Date: The Former Spouse shall commence her benefits as soon as administratively feasible following the date this Order is approved as a Court Order Acceptable for Processing, or on the date the Employee commences his benefits, 'd later. Payments shall continue to Former Spouse for the remainder of Employee's life-time; however, should Former Spouse predecease the Employee, then such benefits shall be paid tc the estate of the Former Spouse. The Employee agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Former Spouse in accordance with the terns of this Order. 12. Refund of Employee Contributions: If Employee leaves Federal service before retirement and applies for a refund of employee contributions under the CSRS, Former Spouse shall be entitled to a prorata share of the refund of such employee contributions. 13. Former Spouse Survivor Annuity: Pursuant to Section 8341(h)(1) of Title 5, United States Code, Former Spouse shall be awarded a former spouse survivor annuity under the Civil Service Retirement System based upon a base amount of at least Thirteen Thousand Six Hundred Dollars (S 13,600.00). Therefore, the Former Spouse shall be entitled to a former spouse survivor annuity in the amount of at least the annual base payment of Seven Thousand Four Hundred Eighty Dollars ($7,480.00) per year. DRAFTED: 11/27/00 , CSRS (COAP) 4 Employee agrees to take all necessary steps to elect Former Spouse as the designated beneficiary for purposes of establishing and sustaining such surviving spouse coverage for Former Spouse. 14. Cost of Former Spouse Survivor Annuity: Both the Employee's arwuity and the Former Spouse's share of the Employee's annuity will be reduced, in equal shares, by the amount of the costs associated with providing the Former Spouse with a former spouse survivor annuity as awarded in paragraph 13. 15. Transfer to FERS: In the event that Employee makes a one-time irrevocable election to transfer into the Federal Employees Retirement Systems ("FERS") before his retirement, then Former Spouse shall be entitled to a portion of the Employee's Basic Annuity and/or a Refund of Employee Contributions under FERS calculated in a manner similar to that which is enumerated in Sections 9 and 12 above for the CSRS annuity and refund, respectively, and payable directly from FERS. Additionally, Former Spouse shall be entitled to a Former Spouse Survivor Annuity payable under FERS and determined in a similar manner to the survivor benefits set forth under Section 13 above. Further, such Former Spouse Survivor Annuity shall be payable from FERS. 16. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the OPM: (a) to pay a former spouse a portion of an employee annuity before the employee annuity begins to accrue; (b) to pay a former spouse any amounts that are in excess of an employee's net annuity; or (c) to pay a Former Spouse Survivor Annuity in excess of the maximum permitted amounts under the CSRS and the FERS. 17. Constructive Receipt: In the event that the CSRS inadvertently pays to the Employee any benefits that are assigned to the Former Spouse pursuant to the terms of this Order, the Employee shall immediately reimburse the Former Spouse to the extent DRAFTED: 11/27/00 CSRS (COAP) PAGE 5 that he/she has received such benefit payments, and shall forthwith pay such amounts so received directly to the Former Spouse within ten (10) days of receipt. 18. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its status as a Court Order Acceptable for Processing and the original intent of the parties as stipulated herein. = icha4ertl rticiDant 4 ya4&? Attomey fo artici nt BY THE COURT: -OW DRAFTED: 11/27/00 ^Y Ali* 4- THIS AGREEMENT, made this 7day of 2". LZ - 2000, by and between MICHAEL J. MERTLE, hereinafter referred to as "HUSBAND", and PATRICIA M. MERTLE, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on February 17, 1984, in Coatesville, Pennsylvania; WHEREAS, the parties adopted one (1) child during this marriage, namely Karen Elizabeth Mary Mertle, born August 11, 1989; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor child, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEI HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. PATRICIA M. MERTLE has been independently represented by Barbara Sumple-Sullivan, Esquire. MICHAEL J. MERTLE is cognizant of his right to legal representation and declares that he has been independently represented by Philip H. Spare, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of there legal rights and obligations and that they acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. % Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision g ear:; 2 w- shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. The parties acknowledge that the marital debts are as follows: 1) Key Equity Loan 13 - Approximate balance is $13,300 (Account 12251-Joint) 2) Key Equity Loan 14 - Approximate balance is $13,000 (Account 12251-Joint) 3) PSL Loan - (Account 12251 - Joint) 4) PSL Loan - (Account 24883 - Joint) 5) VISA credit card - Husband 6) VISA credit card - Wife 7) Second Mortgage - Joint - Paid off after separation by Wife 8) Cost of the Refinancing in June of 1998 - included in mortgage identified in paragraph 6 a. Debts HUSBAND is Liable for. HUSBAND shall be solely liable and responsible for the following debts: w 1) Key Equity Loan 13 (Account 12251) 2) PSL Loan - Husband's name (Account 12251) 3) VISA credit card - Husband (Account 12251) If any of these debts are held jointly with WIFE or constitute a lien against real estate to be the sole property of WIFE, HUSBAND shall either refinance same to his name alone or obtain a release of WIFE's liability no later than either the settlement of the sale of the marital residence or the refinancing of same. HUSBAND will indemnify and hold WIFE harmless from the non-payment of any debt he is assuming pursuant to this Agreement. HUSBAND further agrees to be responsible for all reasonable attorneys' fees incurred by WIFE in defense of any claim or suit brought against her arising from any debt HUSBAND is assuming pursuant to this Agreement and/or to enforce this indemnification. b. Debts WIFE is Liable for. WIFE shall be solely liable and responsible for the following debts: 1) Key Equity Loan No. 14 (Account 12251) 2) PSL Loan - Wife's name (Account 24883) 3) VISA credit card -Wife If any of these debts are held jointly with HUSBAND or a lien on any separately titled property owned by HUSBAND, WIFE shall either refinance same to her name alone or obtain a release of HUSBAND's liability no later than either the settlement of the sale of the marital 4 residence or the refinancing of same. WIFE will indemnify and hold HUSBAND harmless from the non-payment of any debt she is assuming pursuant to this Agreement. WIFE further agrees to be responsible for all reasonable attorneys' fees incurred by HUSBAND in defense of any claim or suit brought against him arising from any debt WIFE is assuming pursuant to this Agreement and/or to enforce this indemnification. 4. WAIVER OF APPRAISAL AND INVENTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL. AND NON-MARITAL ARSM HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital assets and marital assets including but without limitation, jewelry, clothes, furniture, other assets wherever situated whether real, personal or mixed, tangible or intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property, 6. REAL ESTATE 8 PAMELA PLACE The parties own real property as tenants by the entireties located at 8 Pamela Place, Mechanicsburg, Pennsylvania which is subject to a mortgage with SunTrust (Crestar), Account No. 0108201658, The balance of the mortgage as of the parties' separation was SEVENTY FOUR THOUSAND THREE HUNDRED EIGHTY-FOUR DOLLARS and 87/00 ($74,384.87). HUSBAND agrees to convey all his rights, title and interest in this real estate to WIFE. WIFE agrees to assume responsibility for the payment of the unpaid balance of the mortgage, all taxes, insurance and any other real estate assessments or expense together with any interest, and hereby agrees to hold HUSBAND harmless from any and all liability incurred by him as a result of non-payment of the mortgage by her. HUSBAND agrees to execute a deed simultaneously with the execution of this Agreement wherein he assigns, conveys and transfers to WIFE all of his interest, right and title in the marital residence. In order to obtain HUSBAND's release from the mortgage associated with this property, WIFE shall either list this property for sale at a reasonable price or commence the refinancing of the mortgage within eighteen (18) months from the execution of this Agreement and move toward a prompt and reasonable conclusion of the transaction. If WIFE elects to list the real estate for sale at a reasonable price, HUSBAND, if necessary, shall execute any documents necessary to facilitate this sale. In the event of sale, WIFE shall be entitled to all of the proceeds from the sale of this property, WIFE shall solely determine the list price and the eventual sale price for this real estate provided same is reasonable. If, at the time of refinancing of the mortgage, the lender requires that a debt assumed by HUSBAND pursuant to Paragraph 3 of this Agreement be paid, HUSBAND agrees that he shall satisfy said debt prior to settlement. WIFE shall have exclusive possession of the real estate to the exclusion of HUSBAND. Any unauthorized entry to said property by HUSBAND shall be in violation of this Agreement. 7. REAL ESTATE - I AKE LOT The parties own property as tenants by the entireties an unimproved lot located at Map No. 08-39-2223-008, 0000 Pine Grove Road, Dickinson Township, Pennsylvania. There is no mortgage associated with this property. HUSBAND agrees to convey his interest in this real estate to WIFE. WIFE agrees to assume responsibility for the payment of any taxes, insurance, assessments or other expenses associated with this property and hereby agrees to hold HUSBAND harmless from any and all liability as a result of non-payment of the same by her. HUSBAND agrees to execute a deed simultaneously with the execution of this Agreement wherein he assigns, conveys and transfers to WIFE all of his interest, right and title in said real estate. g, REAL ESTATE - HUSBAND's CONDOMINIUM HUSBAND owns a condominium located at 811 Brian Drive, #103, Enola, Pennsylvania 17025. Said property was purchased by HUSBAND individually, after the parties' separation. HUSBAND warrants that the mortgage for said property is in his name alone, and hereby agrees to hold WIFE harmless from any and all liability associated with this property as a result of non- payment by HUSBAND. 9. MOTOR VEHICLES WIFE shall have sole title and ownership of the parties' Buick Skylark. After separation, WIFE traded in her vehicle and all proceeds realized on the transfer of the Skylark shall be the sole property of WIFE. HUSBAND waives any claim to WIFE's subsequently titled 1991 Toyota Tercel. HUSBAND shall have sole title and ownership of the parties' Chevrolet Wagon. These vehicles are not encumbered. After separation, HUSBAND traded in his Chevrolet truck and all proceeds realized on said transfer shall be the sole property of HUSBAND. 10. PENSION - WIFE'S .MPI OYMF.NT F.TIR_F.MENT BENEFITS As a result of WIFE's employment with the federal government, she is entitled to numerous employment benefits. HUSBAND hereby waives any and all claims that he has 8 against WIFE to any pension, employee saving or other stock benefit program, if applicable, or any other employment related benefit including but not limited to her Thrift Savings Plan (TSP) and any benefits she may be entitled to under the Civil Service Retirement System or CSRS. 11. PENSION - HCI4BAND'C FMPi OYD'FNT/RFTIRFb Fp?T HF11 FFITS a. Thrift Savings Plan and Other Employment Benefits. As a result of HUSBAND's employment with the federal government, he is entitled to numerous employment benefits. Except as provided in the following paragraph concerning HUSBAND'S CSRS benefits, WIFE hereby waives any and all claims that she has against HUSBAND to any other pension, employee saving or other stock benefit program or any other employment benefit, if applicable, including his Thrift Savings Plan (TSP). b. Civil Service Retirement System (or CSRS) Benefits. The parties acknowledge that the marital estate includes HUSBAND's pension interest under CSRS. The parties agree that WIFE shall be entitled to 32.25% of the marital portion of this benefit as determined by the following fraction: The numerator of this fraction is the number of months of HUSBAND's participation in the Plan earned during the parties' marriage and the denominator is the total number of months of HUSBAND's participation in the Plan through the date of his retirement. Said share shall also include any increase due to a cost of living increase or other interest granted by the Plan and not be reduced by any other costs or elections made by HUSBAND. 9 WIFE's interest shall be transferred to WIFE through the vehicle of a Qualified Domestic Relations Order, the provisions of which shall include the following: 1. WIFE shall be entitled to the aforementioned pension benefit based upon HUSBAND's election of a survivor annuity. HUSBAND can elect less than the maximum survivor annuity but shall be obligated to provide an election to result in WIFE's receipt of an annual survivor annuity not less than SEVEN THOUSAND FOUR HUNDRED EIGHT DOLLARS ($7,480.00) per year. By example, HUSBAND can elect a less than maximum annuity of not less than THIRTEEN THOUSAND SIX HUNDRED DOLLARS ($13,600.00). Under the current plan regulations, this will result in a fifty-five percent (55%) payment to WIFE, resulting in the annual base payment of SEVEN THOUSAND FOUR HUNDRED EIGHT DOLLARS ($7,480.00). 2. The actual benefit shall be determined to be the earliest to occur of the following: a, The participant's separation from service; or b. The participant's death. 3. If HUSBAND elects early retirement and if there is an early retirement incentive beyond what is presently available under the plan, the alternate payee shall be entitled her proportionate share as defined in Paragraph I I b. of any early retirement incentive that may become available. 4. If the plan provides for a cost of living increase or any other post-retirement benefit increase, the alternate payee will receive her proportionate share as defined in Paragraph I 1 b. of such increase. This increase shall apply also to the survivor annuity specified in paragraph 1. above. 5. WIFE, as alternate payee, shall be entitled to her proportionate share as defined in Paragraph 1 I b. of any pre-retirement pension benefit which may result from the death, before retirement of HUSBAND, of the plan participant. 6. In the event of WIFE's death prior to HUSBAND's retirement or during HUSBAND's retirement, WIFE's named beneficiary or in the absence thereof, her estate, shall be entitled to her payments as alternate payee. 7. If HUSBAND leaves federal service prior to retirement and applies for a refund of employee contributions from the Office of Personal Management. WIFE shall be entitled to her proportionate share as defined in Paragraph I I b. of said refunds as calculated by CSRS. 10 8. WIFE shall be entitled to any and all benefits through the plan's Former Spouse Survivor Annuity based upon HUSBAND's election of a survivor annuity as set forth in subparagraph 1 above. WIFE's proportionate interest shall supercede the right of any future spouse's survivor annuity, HUSBAND's options for future spouse are not limited except to the extent they may adversely effect WIFE's interests granted herein or by the QDRO. 9. The parties shall equally share the cost of the preparation of the Qualified Domestic Relations Order necessary to allocate WIFE's monthly benefit under this paragraph and any other costs necessary to effectuate :he terms of Paragraph I lb. 12. BANK ACCOUNTS AND 1NV1FRTM1F.NTS Each party shall have sole possession of the bank accounts and investments in their own names. 13. INSURANCIF, Each party shall retain ownership of any life insurance policy in his or her name. HUSBAND agrees to name WIFE as irrevocable beneficiary of his life insurance policy through his employment for as long as he has an obligation to pay alimony pursuant to Paragraph 16 of this Agreement. In the event his employment terminates, he shall be required to secure a life insurance policy in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) until the alimony obligation ceases. 14. MUTUAL WAIVER ND RELEASE OF RIGHTS AND AIMS CONFERRED By THE. PENNSYLVANIA DIVORCE ACT OF 1980, AS AMENDED HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses or other provisions for their support and maintenance before, during and after the commencement of any proceeding for divorce or annulment between the parties. 15. AFTER ACQUIRED PERSONAL PROPERIYZEUTURE EARNING Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by HUSBAND or WIFE, 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. 16. ALIMONY, SUPPORT AND MAINT .NAN Presently, WIFE is being paid the sum of FIVE HUNDRED FORTY-FIVE DOLLARS and 53/00 ($545.53) per month as spousal support through the Domestic Relations Section of the Court, Docket No. 01054 S 1999, PACSES No. 660101805. The parties agree that this spousal support shall be converted to alimony effective the date of the parties' divorce. This amount in non-modifiable in amount or term except as provided herein. Said payment shall terminate upon the first to occur of one of the following events: (1) Death of Wife or Husband; or 12 (2) The receipt by Wife of her first payment, as alternate payee, of the CSRS retirement benefits as identified in Paragraph I Lb. of this Agreement. The alimony payments WIFE receives pursuant to this paragraph shall be includable as income to WIFE and deductible by HUSBAND and includable as income for WIFE for child support purposes. 17. CUSTODY AND VISITATION HUSBAND and WIFE shall have shared legal custody of the parties' minor child. Primary physical custody of the child shall be in WIFE. HUSBAND shall have flexible rights of physical custody, as the parties can agree. 18. The parties acknowledge that there is an Order dated October 6, 2000 for child support wherein HUSBAND was directed to pay the sum of ONE THOUSAND ONE HUNDRED THIRTY-TWO DOLLARS and 47/100 ($1,132.47) per month for the support of one child. This Order is filed to the same docket number as the spousal support obligation in paragraph 16. Either party may seek a review, as appropriate. 19. SUBSEQUENT DIVORCE A decree in divorce, entered by a court of competent jurisdiction to either party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of 13 Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorporated for purposes of enforcement into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. 20. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to 14 act as executor/rix or administrator/rix of the other party's estate, 22, MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he 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 equitable distribution, dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, commonwealth or territory of the United States, or (c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. 15 Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Marital Settlement 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 thereof. 23. C[I( CF. OR'C Ri( HTC AND IABIi IT This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or 16 assigns. 24. SEVERARIIITV If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 25. ENTIRE. A RF M NT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 26. BINDIN FF T OF A RFFM NTlWAIVFR 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 the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 17 27. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 28. CONTROIJJN LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 29. CONDITION PRF D NT TO TH A EEMENT'C F?FFCTIVFD FCC The parties acknowledge that this Agreement shall become effective when actually signed by both parties. 1 MICHAEL . LE Q Y?' L-" ?- - -, ?-' ? AT IA M. MERTLE 18 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF / ) SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared MICHAEL J. MERTLE, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. and subscribed to before me this "'?ay o? A;:z Gj000. My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LN;Wland PbtaAal Meet a Borth curi?he71s asio n Expires No?smer , 2ooa ) SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared PATRICIA M. MERTLE, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief to before me this 7 day of//%?, 2690 NOTARY PUBLIC My commission expires: (SEAL) Barbera Sinpl 3uei war,, Now GDmDariaoi war,, am. Gxr Notary PuUk Cammgsgn Emims November tb 19 -- - -- I ? Sr + N O , d r Z Q n J I c; z- -• o WZ ?gZ t+. W m IL I"? ; ? "_ N '? S Nap ? o v Q a ? U 1 Z `i 1 I I PATRICIA MUSKEY MERTLE, Plaintiff V. MICHAEL J. MERTLE, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5514 IN DIVORCE Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on September 23, 1999. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff. November 7, 2000; by Defendant: November 7, 2000. 4. Related claims pending: All claims have been resolved pursuant to a Marital Settlement Agreement reached by the parties dated November 7, 2000 and incorporated, but not merged into the Decree. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: November 29, 2000. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: November 29, 2000. Dated: Decembera?, 2000 Barbara Sumpie-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff .. PATRICIA MUSKEY MERTLE, Plaintiff V. MICHAEL J. MERTLE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5514 IN DIVORCE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiff's Praecipe to Transmit Record, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Philip H. Spare, Esquire 44 W. Main Street Mechanicsburg, PA 17055 DATED: December ?, 2000 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff 1' 1 ,. IA 1.. ?s i k i a d Z o Q n J ? U J ? y Z Q Y m°g ? . m a f m. ? PATRICIA MUSKEY MERTLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. qq- 55 MICHAEL J. MERTLE, CIVIL ACTION - LAW Defendant IN DIVORCE PLOTICE TO DFFFNn et?n rr . rw,r RTC YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. Ajudgement 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 PATRICIA MUSKEY MERTLE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. MICHAEL J. MERTLE, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT REGARDING O NS ..IN . 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unworn falsification to authorities. Dated: c ? Ctq Patricia Muske Mertl PATRICIA MUSKEY MERTLE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. MICHAEL J. MERTLE, CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Patricia Muskey Mertle, an adult individual residing at 8 Pamela Place, Mechanicsburg, PA 17055. 2. Defendant is Michael J. Mettle, an adult individual residing at 811 Brian Drive #013, Enola, PA 17025. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on February 17, 1984 in Chester County, Pennsylvania. 5. There is one (1) minor child who was adopted during this marriage being: Karen Elizabeth Mary Mertle, born August 11, 1989. 6. The parties separated on March 29, 1998. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. 12. The averments in paragraphs I through 11, inclusive of Plaintiffs Complaint are 2 incorporated herein by reference thereto. 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. 14. The averments in paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. 16. The averments in paragraphs 1 through 15, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 17. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV AITORNE3CS FEES AND COSTS 18. The averments in paragraphs I through 17, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 19. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, Patricia Muskey Mertle, prays this Honorable Court to enter judgment: A. Awarding Plaintiffa decree in divorce; 4 B. Awarding Plaintiff support, alimony and alimony pendente lite; C. Awarding Plaintiff counsel fees, costs and expenses; D. Equitably distributing the marital property; and E. Awarding other relief as the Court deems just and reasonable. Dated: September 8, 1999 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 PATRICIA MUSKEY MERTLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. MICHAEL J. MERTLE, CIVIL ACTION - LAW Defendant IN DIVORCE I, Patricia Muskey Mertle, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4404 relating to unworn falsification to authorities. Dated: 1 `_ 1?°I ?GJ ?//ion Patricia Muskey Afertle Q 1 x C n n ii:'• ? ? ?? ? 0 IL w W ? ii.. . V O J m ? m PATRICIA MUSKEY MERTLE, Plaintiff V. MICHAEL J. MERTLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5514 CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 9, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. DATE:,//-741' 2 ? C?ir ? ?-t // 1 ? (' ?? Patricia M. Mertle ,,. . ?_ ; ` ,. .. ,., ' :,; ;, , ?. . ' r?i <_ , ' '; , :, ?:? r ;1i ?V a,t rt?i ,i .. .... ,. hziYY i:V PATRICIA MUSKEY MERTLE, Plaintiff V. MICHAEL J. MERTLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 99-5514 CIVIL ACTION -LAW IN DIVORCE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. DATE: 2000 Patricia M. Mertle ?" C71 Y it c_ f Cri n .. ' r L _ CJ U PATRICIA MUSKEY MERTLE, Plaintiff V. MICHAEL J. MERTLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-5514 CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 9, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.P Section 4904 relating to unswom falsification to authorities. DATE: //-7'Ob c ?. _ 'i „_ - - : r i -.:i c':? ;n iJ _ ?' I ll _? !? - _. cJ PATRICIA MUSKEY MERTLE, Plaintiff V. MICHAEL J. MERTLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 99-5514 : CIVIL ACTION -LAW : IN DIVORCE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. DATE: !/ -7 ya , 2000 7t Q1 t_ 10 PATRICIA MUSKEY MERTLE, Plaintiff V. MICHAEL J. MERTLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5514 CIVIL ACTION - LAW IN DIVORCE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. Z 143 612 071, Return Receipt Requested, on the above-named Defendant, Michael J. Mertle, on September 23, 1999, at Defendant's last known address: 811 Brian Drive, #103, Enola, PA 17025. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Dated: September 27,1999 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff i a to the Mr. Michael J. 811 Brian Drive Enola, PA 1702 " eerwk I a wlsh to receive ft none DIM IDm w ew wun nM.mwe fdbwirr +a^/?y nwrbw. wu ewwI nd Mertle #013 5 PAMMIOLMBralmurdim ? COD ,r.?. a 1wry 26. Q tsd v 1 Addressee's Adcresa (OMyNmquels andlse+svaldl DomestIc Retum Rece pt EXHIBIT "A" gaervlces(loren eldra fee): dm not 1. O Addressee's Addreee DNNery r 4a. Artlde Nu mber Z 193 612 071 4b. Service Type ? Rogletered ? CerlMed ? Express Mali ? Irreured ? ReNm eVeDe Z 143 612 071 us Postal Servies Receipt for Certified Mail No Insurance Coverage Provided. Fy. A':J " 1* :i . rv i S 4. 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