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HomeMy WebLinkAbout05-2299Commonwealth of Pennsylvania County of Cumberland, ss: MATTHEW A. MERRITT, Plaintiff ) vs. ) CHERYL E. MERRITT, ) Defendant ) In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2005-2299 CIVIL TERM Motion for Appointment of Master MATTHEW A. MERRITT, Plaintiff moves the court to appoint a Master with respect to the following claims: ( ) Divorce ( ) Annulment ( x) Alimony ( ) Alimony Pendente Lite ( x) Distribution of Property ( ) Support ( x) Counsel Fees ( x) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by her attorney, Elizabeth S. Beckley, Esquire. 3. The statutory ground(s) for divorce is: 4. Check the applicable paragraph(s). ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 days. 7. Additional information, if any, relevant to the motion: Date I L. And Attorney for Plaintiff AND NOW, C\LtGCR/lT1 C `? 2005, Esquire, is appointed Master with respect to the following claims: alimony, distribution of property, counsel fees, costs and expenses. BY T 0 T, II MATTHEW A. MERRITT, Plaintiff VS. IN THE COURT OF PLEAS OF CUMBEF PENNSYLVANIA CIVIL ACTION - LAW NO.05-;7/1 CIVIL CHERYL E. MERRITT, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set fi foregoing pages, you must take prompt action. You are warned that if you fail case may proceed without you and a decree in divorce or annulment may be e you by the court. A judgment may also be entered against you for any other cl requested in these papers by the plaintiff. You may lose money or property or important to you, including custody or visitation of your children. COUNTY, in the do so, the red against or relief er rights When the ground for the divorce is indignities or irretrievable breakdown of tl? you may request marriage counseling. A list of marriage counselors is available in of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 marriage, e Office IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S EES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIG T TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 A TO 1 MATTHEW A. MERRITT, ) IN THE COURT OF COLON Plaintiff ) PLEAS OF CUMBERLAN COUNTY, PENNSYLVANIA VS. CHERYL E. MERRITT, Defendant CIVIL ACTION - LAW NO. 05--.2 .199 IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceedi Court of Common Pleas of Cumberland County. This notice is to advise you that i with Section 3302(d) of the Divorce Code, you may request that the court requir your spouse to attend marriage counseling prior to a divorce being handed down A list of professional marriage counselors is available at the Domestic Relations 0 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept convenience to you and you are not bound to choose a counselor from this list. Al arrangements and the cost of counseling sessions are to be borne by you and your If you desire to pursue counseling, you must make your request for counseling twenty days of the date on which you receive this notice. Failure to do so will waiver of your right to request counseling. TERM filed in the accordance you and y the court. fice, l3 as a necessary a 2 MATTHEW A. MERRITT, Plaintiff VS. CHERYL E. MERRITT, Defendant IN THE COURT OF PLEAS OF CUMBEF PENNSYLVANIA COUNTY, CIVIL ACTION - LAW NO. &5 -1..4qy IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, MATTHEW A. MERRITT, by his Samuel L. Andes, and makes the following Complaint in Divorce: IVIL TERM attorney, 1. The Plaintiff is MATTHEW A. MERRITT, an adult individual who currently resides at 502 East Elmwood Avenue, Apt. 4, Mechanicsburg, Cumberland County, 2. The Defendant is CHERYL E. MERRITT, an adult individual who 126 Holly Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the wealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 22 November 1986 in Virginia. 5. There have been no prior actions of divorce or annulment between the 6. This marriage is irretrievably broken. at 3 7. Plaintiff has been advised of the availability of marriage counseling Plaintiff may have the right to request that the Court require the parties to counseling. COUNTI 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired the in to the of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by hereto as marital property. Samue-( L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 parties 4 I verify that the statements made in this Complaint are true and correct. that any false statements in this Complaint are subject to the penalties of 18 (unsworn falsification to authorities). DATE:_rr A. I understand C.S. 4904 c> ? o 1 - ..- J t, MATTHEW A. MERRITT, ) IN THE COURT OF CC Plaintiff ) PLEAS OF CUMBERLA PENNSYLVANIA VS. ) CIVIL ACTION - LAW NO.05 -ad?? CIVIL CHERYL E. MERRITT, ) Defendant ) IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you counteraffidavit within twenty (20) days after this affidavit has been served on statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about 2 December 2002 and continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I COUNTY, file a or the , lawyer's that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 unsworn falsification to authorities. DateAg&tiL 2.s? S TTHEW A. MERRITT to MATTHEW A. MERRITT, Plaintiff VS. IN THE COURT OF PLEAS OF CUMBEF PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL CHERYL E. MERRITT, Defendant IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301 (Q) OF THE DIVORCE CODE 1. Check either (a) or (b): - (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or - (i) The parties to this action have not lived separate and apart for a period of at least 2 years. - (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): COUNTY, (a) I do not wish to make any claims for economic relief. I understand 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. - (b) I wish to claim economic relief which may include alimony, division property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit are true and correct. 11 understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. Date: CHERYL E. MERRITT NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. S. DO N ? ..n J =t `j'7 MATTHEW A. MERRITT, ) IN THE COURT OF CO ON Plaintiff ) PLEAS OF CUMBERLAN COUNTY, PENNSYLVANIA VS. CHERYL E. MERRITT, Defendant CIVIL ACTION - LAW NO. ?3 y cl CIVIL IN DIVORCE PETITION FOR SALE OF MOTOR VEHICLE AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. petitions the Court to direct the sale of a motor vehicle owned jointly by the Defendant, based upon the following: 1. The petitioner herein is the Plaintiff. The Respondent is the 2. The parties were married in November of 1986 and separated in Since the separation of the parties, Plaintiff has provided for the financial su and the parties' minor child, who lives in the shared custody of Plaintiff and June of 2003, Plaintiff's obligation to pay child and spousal support has been the order entered between the parties (PACSES 930105356). Plaintiff has been regular in his payments of support to Defendant. 3. The marital assets of the parties are modest. The marital debts are probably exceed the value of all the marital assets. 4. One of the marital assets of the parties is a 2001 Toyota Sequoia which is titled in the joint names of Plaintiff and Defendant but which Defendant and and er of 2002. of Plaintiff dant. Since ibject of an ent and tantial and used exclusively since the parties' separation in December of 2002. 5. The title to the Sequoia automobile is encumbered by a debt to the Union. The principal balance owed on that debt exceeds $25,000.00 and ?s a monthly payment of approximately $700.00 of principal and interest. b. Until recently, Defendant, who had exclusive use of the vehicle, was owed to the Navy Federal Credit Union. Within the past two months, Plaintiff that she will no longer make payment of that debt and will allow 7. Although burdened with substantial marital debts, Plaintiff has made debts in an effort to preserve his credit rating. He is not able to continue to debts he is obligated to pay, to pay the child and spousal support as ordered and to make the payments due to the Navy Federal Credit Union on the loan the title to the Sequoia automobile. 8. Plaintiff desires that the Sequoia automobile be sold while it still has and that the net proceeds of the sale be applied to pay and reduce the Navy Federal Credit Union. 9. Because Defendant has failed and refused to make payment on the debt Federal debt /ing the nt has to fall into finent of pay the ?v this owed to to the Navy Federal Credit Union, Plaintiff's credit rating and reputation are in jeopardy a0d he believes that, if the vehicle is not sold so that the debt owed to the Navy Federal Credit Union can be satisfied or at least reduce, he will suffer irreparable harm. WHEREFORE, Plaintiff prays this Court to order and direct the parties to s+ll the 2001 Toyota Sequoia automobile now titled in their joint names and to pay the net proceeds of such sale to the Navy Federal Credit Union to be applied to the debt owed to that cre it union which encumbers the title to the vehicle. SamueP L. And8- Attorney for Plaintiff Supreme Court ID 17225 525 North 12`n Street Lemoyne, PA 17043 (717) 761-5361 1 verify that the statements made in this document are true and correct. I un erstand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 904 (unsworn falsification to authorities). DATE: MATTHEW A. MERRITT f_) N ?? ? C_. c.? ui .-?.? irt?' _, ? -,7 rr; ,?? w t?? = ; -i _. ,_ ? ?,: ? °c ;_?r<i c.? ?::' -• ? =< MATTHEW A. MERRITT, Plaintiff VS. E%EIVED MAY D 5? ilk:AVED MAY 4 ; I ICI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. n -?P'171 CIVIL TERM CHERYL E. MERRITT, Defendant IN DIVORCE ORDER AND NOW, this day of . , 2005, upon consideration of the attached petition, a Rule to Show Cause is hereby issued upon the Defendant to show cause, if any she has, why the relief requested by Plaintiff therein should not be granted. Rule returnable 70 days from service. BY THE COURT, (C? O`J Oh SHERIFF'S RETURN - REGULAR CASE NO: 2005-02299 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MERRITT MATTHEW A VS MERRITT CHERYL E BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon MERRITT CHERYL E the DEFENDANT , at 2103:00 HOURS, on the 19th day of May , 2005 at 126 HOLLY DRIVE MECHANICSBURG, PA 17055 CHERYL MERRITT by handing to a true and attested copy of COMPLAINT - DIVORCE PETITION FOR SALE OF MOTOR VEHICLE AFFIDAVIT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.88 Postage .37 Surcharge 10.00 .00 37.25 Sworn and Subscribed to before me this Yl!-, day of aovnJ A. D. Prothonotary So Answers: R. Thomas Kline 05/20/2005 SAMUEL ANDES By. 4;)x 4) Deputy Sh riff MATTHEW A. MERRITT, Plaintiff V. CHERYL E. MERRITT, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO. 05-2299 PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire and Beckley & Madden, of Counsel, on behalf of the Defendant, Cheryl E. Merritt, in the above-captioned matter. DATED: ??-'30 -G? Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 om?. e omag ec y, Esquire CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Samuel L. Andes, Esquire 525 North 121' Street Lemoyne, PA 17043 DATED: ??? ni r7 c> t? ??.._ ?-? .77 . r? C,:: ?-?? -? •{ O .i ? L N ?? a MATTHEW A. MERRITT, :1N THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW JN DIVORCE CHERYL E. MERRITT, Defendant/Petitioner :NO. 05-2299 PETITION FOR EQUITABLE DISTRIBUTION, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES AND ALIMONY AND NOW comes the Defendant/Petitioner, Cheryl A. Merritt, who, by and through her attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Petition for Equitable Distribution, Alimony Pendente Lite, Counsel Fees, Costs and Expenses and Alimony, in which she avers that: 1. Defendant/Petitioner, Cheryl A. Merritt, is an adult individual residing at 126 Holly Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff /Respondent, Matthew A. Merritt, is an adult individual residing at 502 East Elmwood Avenue, Apt 4, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff/Respondent filed a Divorce Complaint in this matter on or about April 25, 2005, at the above-captioned docket number. 4. Plaintiff/Respondent and Defendant/Petitioner have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 5. Plaintiff/Respondent and Defendant/Petitioner each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 6. Plaintiff/Respondent and Defendant/Petitioner have been unable to agree as to an equitable division of said property. 7. Defendant/Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself in the standard of living established during the marriage through appropriate employment. 8. Defendant/Petitioner has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 9. Defendant/Petitioner is unable to sustain herself during the course of this litigation and will require alimony pendent elite in order to do so. 10. Defendant/Petitioner requires reasonable alimony to adequately maintain herself in accordance with the standard of living established during the marriage. It. Plaintiff/Respondent has adequate earnings to provide for the Defendant's/Petitioner's support and to pay her counsel fees, costs and expenses. 2 WHEREFORE, Defendant/Petitioner, Cheryl E. Merritt, respectfully requests the Court to: (1) divide all marital property equitably between the parties; (2) enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate; and (3) enter an award of alimony in her favor. DATED: s/'-:34K of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 3 RPenPrtAdly m,hmittaA VERIFICATION I, Cheryl E. Merritt, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities. DATED: 61 -3-405- CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Samuel L. Andes, Esquire 525 North 12`h Street Lemoyne, PA 17043 DATED: w ?? ?-? ?> < , -?, ? ?r .a ? ? ? ?? ? ? ?? ?? ? G, _ t ? C?; "`y b r Commonwealth of Pennsylvania County of Cumberland, ss: MATTHEW A. MERRITT, Plaintiff ) vs. ) CHERYL E. MERRITT, ) Defendant ) In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2005-2299 CIVIL TERM Motion for Appointment of Master MATTHEW A. MERRITT, Plaintiff moves the court to appoint a Master with respect to the following claims: ( ) Divorce ( x ) Distribution of Property ( ) Annulment ( ) Support (x) Alimony (x) Counsel Fees ( ) Alimony Pendente Lite ( x ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by her attorney, Elizabeth S. Beckley, Esquire. 3. The statutory ground(s) for divorce is: 4. Check the applicable paragraph(s). ( ) The action is not contested. ( } An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 days. 7. Additional information, if any, relevant to the motion: \ ? 1 I6 a c ("? Date mubl L. Andbrs' Attorney for Plaintiff AND NOW, 2005, Esquire, is appointed Master with respect to the following claims: alimony, distribution of property, counsel fees, costs and expenses. BY THE COURT, J. r • MATTHEW A. MERRITT, Plaintiff V. CHERYL E. MERRITT, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO. 05--2299 PRE-TRIAL STATEMENT OF CHERYL E. MERRITT AND NOW comes the Plaintiff, Cheryl E. Merritt, who, by and through her attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files the following pre-trial statement. I. BACKGROUND Mr. and Ms. Merritt were married on November 22, 1986. They separated in December, 2002, when Mr. Merritt moved out of the marital residence. When the parties separated, Ms. Merritt was 39 years old and Mr. Merrit was 39 years old. Mr. Merritt works for SAIC. Ms. Merritt is employed by James O. Bower Insurance, Inc. and The Antioch Company DBA Creative Memories. Mr. and Ms. Merritt are the parents of one minor child, Brandon M. Merritt. Brandon was born June 9, 1994. Mr. and Ms. Merritt share legal custody of their minor child. Ms. Merritt has primary physical custody and Mr. Merritt has partial physical custody for the purpose of visitation pursuant to a Court Order entered on June 24, 2003, and modified by Court Orders dated January 7, 2004, and April 11, 2006 at Cumberland County Docket Number 03-4508. 1 II. STATEMENT OF MARITAL ASSETS Marital Asset 126 Holly Drive Mechanicsburg, Pennsylvania (encumbered by $114,000 mortgage) 2001 Toyota Sequoia (encumbered by $19,000.00 car loan) 1993 Honda Civic SAIC Stock Plan SAIC Retirement Plans Military Retirement Plan Value (current) $165,000.00 ($2,121) $1,700.00 unknown/diputed unknown/disputed unknown The value given for the marital residence is from a market analysis recently done by a real estate agent. Ms. Merritt is currently residing in the marital residence and would like to have it sold. There is a portion of Mr. Merritt's SAIC Stock Plan, SAIC Retirement Plans and his Military Retirement Plan which is non-marital. We have assumed that the parties will each retain as their separate property the personal property and household furnishings currently in their possession, we have not included the value of any of these items in the marital estate. III. STATEMENT OF MARITAL LIABILITIES Marital Liabilities Amount (Date of Separation) Navy Federal Credit Union (mortgage) $114,000 (approx) 2 (Marital Liabilities, continued) NFCU --08 (car loan) NFCU -- 00 NFCU -- 10 NFCU -- 12 Members 1St overdraft (Mr. Merritt) Members 1St overdraft (Ms. Merritt) Members 1St Visa Sears American General $19,000.00 (approx) $23,581.23 $9,289.77 $2,560.62 $750.00 $756.98 $4,689.68 $1,712.48 $3,220.00 All of the debts listed above were incurred during the marriage and prior to the parties' separation, and should, for that reason, be included in the marital estate. Mr. Merritt also has a debt with his MBNA card; however, Ms. Merritt disputes this debt as it is work debt for which Mr. Merritt could be reimbursed for from his employer if he would submit the request for the same. IV. PROPOSED RESOLUTION The following resolution is suggested: (1) The marital residence be sold deducting the realtor's commission, mortgage balance and closing costs from the proceeds; (2) The marital debts paid from the proceeds of the sale of the marital residence; (3) Ms Merritt should receive 65% of the remaining marital assets, while Mr. Merritt will receive 35% of the remaining marital assets; 3 (4) Ms. Merritt will receive indefinite alimony; and (5) Ms. Merritt will receive her counsel fees. V. WITNESSES Ms. Merritt does not plan to employ an expert witness at this time; however, the same may be necessary for an appraisal of the marital residence and an appraisal of Mr. Merritt's stock plan and retirement holdings. She anticipates that the only fact witnesses at trial will be herself and Mr. Merritt. Ms. Merritt reserves the right, however, to call rebuttal witnesses as needed, and to supplement this list of witnesses if necessary. VI. EXHIBITS The exhibits Ms. Merritt anticipates using are the following and will be produced closer to trial: A. Credit card statements showing the parties' debt as of the date of separation; B. The parties' federal, state and local income tax returns for 2000 - 2005; C. Mr. and Ms. Merritt's most recent pay stubs; D. Current statements from Navy Federal Credit Union for the various joint debts including the mortgage; E. Summary of all sums paid by Ms. Merritt toward marital debt since separation; F. Summary of counsel fees paid by Ms. Merritt; and G. Any exhibits needed to rebut claims made by Mr. Merritt. 4 Mr. Merritt should have copies of most of the foregoing exhibits. Any that he does not have will be made available to his Counsel at least 10 days prior to the hearing. Ms. Merritt reserves the right to supplement this exhibit list, if necessary. VII. INCOME AND EXPENSES Mr. and Ms. Merritt have not filed tax returns since 2002. They are currently in the process of having the same prepared by an accountant and will produce their income prior to trial. Attached to this Pre-Trial statement are Ms. Merritt's 2005 W2's however, she does have business deductions which will reduce her annual income. Also attached is a recent paystub for Ms. Merritt from James O. Bower Insurance, Inc. VIII. ESTIMATED LENGTH OF HEARING If this matter proceeds to a hearing, then Ms. Merritt estimates that the hearing will take one half to one full day. DATED: May 22, 2006 Of Counsel BECKLEY & MADDEN 212 N. 3rd Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Respectfully submitted, omas A. Beckley, Esquire 5 Cheryl E. Merritt CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Samuel L. Andes, Esquire 525 North 12'h Street Lemoyne, PA 17043 DATED: "S- r - MAY-19-2006 09:37 JAMES 0. BOWER INS. P.02/05 iUw i waQ=i ?iouz co c C U ? d {L N c G 9 yG 3 tn P ? ¦A Q ! ? s pE I C^1 Co i ?s Z m ? E v 0 A I ? E _m ? G rLr ? F? N 4F? M 0 cn Ln CA 1.4 p 1 .r C? t?0 U H N ? z cco ?D U7 co F u a c M N d v C 't 10 c 0 .p u M c l0 i N ? rl W ? a CV M ? N x a, o N m d y a? -.-,we - c ?'O p L MR s'ta oma: dpi 0 ca orn,a OCR ? ?CQ 01 `yvcr dNd y O L w 2- a ju P an v d mN w tXm ? t U E ` c ... 5 .t.. yC C9 R in ER O EH CY fR C N J d ?1F ?' °u N rc 7 VA n ?, t•f.ka x., W a n U> 4n r .. +?- d d u. m c v r 60;r c O y C ? A ,= O ? c itl L h. ti t] z 5 'yP? y m N O O CL w a 0 c_ d g y Rq °c PI 4 r-1 yi ?+ p A m 7 _ u u, c M_ A d tl N m U N C J W ',? NCI N ? ?..? Si eM ? QQ? O LL H h fH" m " rq c O b w a is M C } E 4 U Ck ? N N W 9 o c * d o M OwC V1 r-i a , U '? G Q 1f5 N Q E. UO 'MAY-19-2006 09:38 JAMES 0. BOWER INS. P. 03%05 ??/ ? Wage and Tax ??h ^ ¦? 2 Statement U t WsntlS .hol'..vllfnrtnMIM'.ahCn 20401 58 p FatlMIAI111cOhMIPt'w,lhh»M-' rnce - 01640 O.iCrlrri000U . 163.26 B To Be Filed With Em to etr's FEDERAL Tex Relum Y y ? i Ycci»ay yt, » WOW sna,rq r tattgca 4 fits I "WMY tux WM,hdn o II1lWR'tidion is being fumitetlcd to the IMCmaI RevE:rlve Servirx:. ' 20401.58 1264.90 10-,yw s nww, adding. &W Ble rnd6 A AptxaMrl lyta ??? __ 5 T ldKala taalt{ and 1 pe 8 M idMenv hlx wxhheW ? fames O. Bower Insurance Inc. 9 M ClC _ 20401,58 295.85 1145 Market Street varL payplonl ttl ttopvndnnteraber.0,r. tt NwqunYli»d pt:gis ' 7amp Hill, PA 17011 12a 4pa ryllrucbon5 Inr Ilox 12 ,,, - ipIDyCAf nlhlk atAlrlta» Mk121P nrxM _. .. .-•_-- - - '- 12d ? r , . 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II _ 20401.58 8 AauCalCC1 >Y•• +-MaululrC wagna anti lips 20401.58 C ..•Adran::n Fir: Imyjn_cnt -... lU LbPt,llfKunf ,;n,e baMlllr. '. . c r _......_-. cr-ICfx,tirGtunn n:xnaor (WN1 A nI GUn 18,36 52:00 st s 18.36 5.00 _2.0,40.1, 55.8 3.4.6_ $.2_ estr Shox U Local watlns, lllt•.,, ntr:. .. _ i _._.t4._ Laenl x,eane tar. 1911 Lrn:yYty,yytg .... ...A. ?l._..•._ 2 Fe(teta+ irtr?tdq tAY withheld _?.. 26 e gfWtiul saariry Ll. wlptltoW 1.264. 90 F,. Muckarn+axw1fillwW s MAY-19-2006 09:39 JAMES 0. BOWER INS. a ? ?o 0 ? }.O •. M m J m O Q CC ? N i? A d d JJ L O O M M 3? 3 N d 4 pn ru Lm 1- 0. N do T?.?3h „M. In eN-c,N? N E.. N N SS? Nen ?nORJ F 'I Q t± N e%l 1R W O- to E b?N 1m +A b? o ma N 1 d Ca a U3u-', l0 viv ?r ?..? .. 4 dt? d to m ?+.. k ILdJ N d O r C Ul ° 0 b = H a E Q)W ?? ? ? W U Ln C= c d ; o O :? tJ! W d???O. CL a m w m ?eM?l a 0 47 o ? O ° o Q ti N N O v v Y w 7 ry 4 LO ? Q O Q . N l0 ? P, Ln Cb ri i ))M1M1. Ln V), O H N H 41 C4 A ;> .r4 WN AW U 1-I ps H •n m 41 O V4 (D r- H N r-1 }4 ?4 4J cn W O s? (v Ln P, I]cVU Q O U >1 N 0/'?iii A I ? I O I 1D In 1 ? I 1 .. I o .Q ? Q I Q 1 T'.,I I Ln I Q I ? I T"i I •Ic a I ( z F Z a? t t I 1 LCD i Ln ; C3 { { rI > + ? ? 1 W > ri ••-I 1 N N P.04/05 -T I rv „ - j ? MATTHEW A. MERRITT, Plaintiff VS. CHERYL E. MERRITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 2299 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this -?1 day of 2007, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated February 26, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, GLI Edgar B. Bayley, P.J. cc: /amuel L. Andes torney for Plaintiff /lizabeth S. Beckley Attorney for Defendant ? ZACA, 0 w? ? 4= r- ? co Ci N `? D 5 ?- ?-g9 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 26day of .-." , 2007, is by and between: MATTHEW A. MERRITT, of 502 East Elmwood Avenue, Apartment 4, Mechanicsburg, Pennsylvania, 17055, party of the first part, hereinafter referred to as "Husband"; and CHERYL, E. MERRITT, of 126 Holly Drive, Mechanicsburg, Pennsylvania, 17055, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 22 November 1986 and are the parents of one minor child: Brandon M. Merritt, born 9 June 1994 (hereinafter referred to as "child"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Husband has initiated an action in divorce filed to No. 2005-2299 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Elizabeth Beckley, Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for their child and for their rights and responsibilities in and toward such child, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: - 1 - 1. MARITAL RESIDENCE. The parties acknowledge that they own a residence at 126 Holly Drive in Mechanicsburg, Pennsylvania. They agree that they will dispose of or distribute that asset as follows: A. Wife shall have the exclusive right to reside in and occupy the property from the date of this agreement until the date of its sale or transfer in accordance with this paragraph. During that time, Wife shall be solely responsible to pay, in accordance with its terms, the first mortgage owed to Navy Federal Credit Union and all other expenses associated with or arising out of the ownership, use, or occupancy of the property, including, without limitation, the annual real estate taxes, homeowners insurance policy, municipal assessments and charges, and utilities. Further, Wife shall indemnify and save harmless Husband from any loss, cost, or expense caused to him by her failure to pay such items as they become due. B. Wife shall have the option, through 30 June 2008, to acquire the real estate for a purchase price equal to all settlement costs incurred for the transfer of the property to her plus the balance due on all mortgages and other liens and charges against the property on the date the title is transferred to her. She shall exercise that option by giving Husband written notice of her election to do so and, if she exercises that option, she will obtain financing sufficient to pay the purchase price within ninety (90) days of her notice of such election. At the time she pays the purchase price, the parties will deliver title to the property to Wife by special warranty deed in such condition as will be insured by a reputable title insurance company then operating in central Pennsylvania. At such time, all mortgages, liens, and charges shall be satisfied in full and any other expenses resulting from the sale and transfer of the property will be paid in full before the net proceeds are distributed. C. In the event that Wife does not execute her option or does not complete the purchase of the property within the time set forth in sub-paragraph B hereof, the parties shall list the property for sale no later than 30 August 2008. In such event, Husband shall arrange to have the property appraised, at his sole expense, and the parties agree that the appraised price shall be the minimum asking price for the sale of the house. Wife may, -a- at her option, have one hundred twenty (120) days from 1 April 2007 to attempt to sell the house herself without the use of a realtor. If she elects not to or, after one hundred twenty (120) days if she has not completed the sale of the property, the parties will list the property for sale with David Weaver of Detweiler Realty, or some other real estate agent selected by their mutual agreement. The listing price will be at least the appraised price and agreed to by both parties. D. Any sale of the property made pursuant to sub-paragraph C hereof must be scheduled for settlement during the months of June, July, or August to allow Wife and the parties' child, Brandon, to move during the summer. In the event that a sale is not arranged that requires a settlement within those months, the property will be removed from the market and will be re-listed the following April. E. In the event that the property is sold in accordance with sub-paragraphs C and D, Wife shall receive the total net proceeds from the sale of the house, after the payment and satisfaction of all mortgages, liens, and other charges against the property and all costs arising out of the sale of the property, including attorney's fees and, if the property is listed for sale, a real estate sales commission. In the event that Wife sells the property without listing it for sale with a real estate agent or broker, Wife will be solely responsible to pay all the costs involved in the sale of the property including, without limitation, advertising, promotion, and the like. The parties agree that they will cooperate with each other, with their attorneys, realtors, and other advisors, to effect a prompt and orderly sale of the property. In the event, however, that a dispute arises between the parties over the sale of the property, the parties agree that the Court of Common Pleas of Cumberland County shall retain jurisdiction over the property and their various claims to it for purposes of controlling the sale of the property pursuant to this agreement. The parties specifically agree that, if the property has not been sold by August of 2008, either party may petition said Court for an order or other action supervising and controlling the sale of the property and the distribution of the proceeds. 2. MOTOR VEHICLES. The parties agree that they shall dispose of their marital vehicle as follows: -3- A. The parties will cooperate to obtain a new title to the 1993 Honda Civic and, immediately upon receipt of that title, they will execute all documents necessary to transfer title of the vehicle to Husband. Husband shall then dispose of the vehicle by donating it to a charity or junking the vehicle. The parties specifically agree that their obligations under this paragraph may obligate them to appear together at PennDOT offices or at other offices and they both agree to do so so the new title can be obtained and transferred promptly after the date of this agreement. Husband shall pay the fees for the replacement title. B. The parties own a 2001 Toyota Sequoia motor vehicle which is currently in Wife's possession. Wife will continue to have possession and use of the vehicle and will insure the vehicle, make the monthly installment payments on the debt against the vehicle, and pay all other expenses arising out of her possession or use of the vehicle and indemnify and save harmless Husband from any loss, cost, or expense caused to him by her failure to do so. If the proceeds from the sale of the residence are not sufficient to settle that and any other obligations Wife owes at the time, Wife shall have the vehicle refinanced in her name alone within sixty (60) days of the date of settlement on the sale of the residence and, at such time as the existing debt owed to Navy Federal Credit Union is satisfied in full, Husband shall sign any and all documents necessary to transfer ownership of the vehicle to Wife's name alone. 3. SAIC STOCK AND CASH PAYMENT. The parties acknowledge that, as a result of his employment by SAIC, Husband has acquired and is acquiring certain stock options and rights. To divide and distribute those stocks and stock rights and options, the parties agree as follows: A. Husband shall, within thirty (30) days of the date of the final decree in divorce between the parties, pay Wife the sum of Ten Thousand ($10,000.00) Dollars in cash. B. Husband shall, sometime between 10 July 2007 and 10 August 2007, transfer to Wife's name alone, one thousand four hundred (1,400) shares of stock in SAIC which the parties agree, at the present time, has a value of Twenty-Five Thousand Eight Hundred Seventy-Two ($25,872.00) Dollars. -4- C. If Husband is still employed by SAIC in November of 2009, and the stock in SAIC which is currently not vested in him, vests in Husband's ownership by that time, Husband shall transfer an additional seven hundred (700) shares of SAIC stock on or before 1 December 2009. If Husband is not employed by SAIC on that date, or if the stock has not vested in Husband pursuant to the stock plan operated by SAIC by that date, the parties acknowledge that Husband will not be obligated to transfer such stock to Wife and Wife waives any further claim against Husband for such stock. D. Wife acknowledges that all other stock, stock options, or stock rights currently held by Husband, whether vested or unvested, are Husband's sole and separate property, and shall remain such, free of any further claim by Wife arising out of their marriage or divorce, and Wife confirms those stocks and rights to be Husband's and waives any further claim to them. 4. HUSBAND'S NAVY RETIREMENT BENEFITS. The parties acknowledge that, during the marriage, Husband served in the United States Navy Reserve and, as a result, earned and accrued certain retirement benefits. The parties agree that they shall divide and distribute the marital portion of those benefits so that Wife receives fifty (50%) percent of the benefits earned during the marriage, properly calculated in accordance with the law and the regulations which control such retirement benefits, and will also award Wife a survivor's benefit equal to fifty (50%) percent of Husband's benefits at the time of his death, on the condition that Wife shall absorb the "cost" of her survivor's benefit by having the amount by which the lifetime benefit is reduced to provide the survivor's benefit, come from her portion of the benefit receiving during Husband's lifetime. The parties shall cooperate to obtain a Domestic Relations Order to implement this paragraph and Husband shall bear and pay the cost of such order. The parties agree that they shall cooperate with each other to implement that Domestic Relations Order, that they shall both be bound by and abide by said order, and Wife does hereby waive, relinquish and release any further claim against or interest in Husband's retirement benefits beyond those awarded to her pursuant to that Domestic Relations Order. 5. PERSONAL PROPERTY. A. Photograph.Negatives. Wife shall allow Husband the use of any and all photographs and negatives he chooses to copy. Wife will organize the photographs and -5- negatives in reasonable batches and allow Husband to have possession of one batch at a time to review and copy those he selects to duplicate. He shall have up to four (4) weeks with each batch to complete that process and shall return each batch to Wife before borrowing a subsequent batch. B. Household Contents at Residence. At such time as Wife moves from the residence at 126 Holly Drive, she will allow Husband to take any item from the house (other than the photographs and negatives provided in sub-paragraph A hereof) that she and the parties' son, Brandon, do not take with them. Anything not selected by the parties and Brandon will be sold in a yard sale, the proceeds of which will be applied to pay Wife's moving and relocation expenses. C. Otherwise, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 6. INCOME TAXES. The parties shall engage the accounting firm of Boreman & Babb Associates to prepare their tax returns for tax year 2006. They will have the firm prepare the returns both jointly and individually for each of the parties and, if the parties file individually, each party will pay their own tax obligation and one-half of the cost of the tax preparation. If the parties file jointly, Husband will pay the tax obligation and the cost of the preparation of the returns. Wife will close out her Creative Memory business accounts no later than 15 March 2007 and both parties will provide all information required by the accountants to prepare the returns, including wage, salary, and other income information, no later than 15 March 2007 so that the accountants can prepare the returns and the parties can review and approve them in time to be filed by 15 April 2007. In the event that the parties file separately, they agree that Wife may claim the exemption for their son, Brandon, and file as head of -6- household. Prior to 30 April 2007, Husband will pay the costs for Wife to have one consultation with Boreman & Babb Associates, to assist Wife in determining the tax implications of the sale of the residence. 7. CHILD SUPPORT. The parties agree that they are currently parties to an action in child support before the Domestic Relations Office of the Court of Common Pleas of Cumberland County, which action is filed to No. 266 Support 2003 (PACSES 930105356) and that there is currently an order entered in that action which obligates Husband to pay child support to Wife in the amount of Nine Hundred Ninety-Nine and 93/100 ($999.93) Dollars for the support of the parties' son, Brandon. The parties agree that Husband's child support obligation shall be determined by that action and the orders entered in that action, as those orders may be modified or amended from time to time in the future, and both parties agree to cooperate with each other and the Domestic Relations Office to fully implement all orders entered in that action. Husband agrees, however, that he shall not be entitled to any reduction in his child support obligation in the event that he voluntarily terminates his employment or voluntarily reduces his income. 8. LIFE INSURANCE. Husband shall, at his sole expense, maintain insurance on his life which pays a death benefit of no less than Two Hundred Fifty Thousand ($250,000.00) Dollars with a policy which designates the parties' son, Brandon M. Merritt, or a trust for his benefit, as the sole and irrevocable beneficiary and shall maintain such policy until Brandon attains the age of twenty-four (24) years. Husband shall not borrow against, pledge, assign, or take any other action with regard to the policy which will reduce the death benefits below Two Hundred Fifty Thousand ($250,000.00) Dollars or which will change the beneficiary of the policy until Brandon reaches the age of twenty-four (24) years. Further, Husband shall provide proof to Wife that such insurance is in place and complies with the terms and provisions of this agreement on an annual basis, upon thirty (30) days written notice by either party requesting such confirmation. 9. ALIMONY. Husband shall pay Wife alimony as follows: A. He shall pay alimony to Wife in the amount of One Thousand Nine Hundred Ninety-Two and 91/100 ($1,992.91) Dollars per month, commencing with the first month following the entry of the final decree in divorce and continuing through the month of July, 2007. B. Thereafter, Husband shall pay Wife alimony in the amount of One Thousand Seven Hundred ($1,700.00) Dollars per month, commencing with the month of August, 2007, and continuing through 10 June 2013 or until the parties' son, Brandon, graduates from high school, whichever first occurs. C. The amount of alimony provided in sub-paragraphs A and B shall not be subject to modification by any court or tribunal at any time or for any reason. D. The term of the alimony shall be as set forth in sub-paragraphs A and B except that it shall terminate earlier in the event of the death of either party or Wife's remarriage or cohabitation. E. The payments of alimony made pursuant to this paragraph shall be treated by both parties as alimony, with Wife including these payments in her income for income tax purposes and Husband deducting these payments for income tax purposes. Both parties agree that they will cooperate in the filing of tax returns to accurately report these payments as alimony. 10. ATTORNEYS' FEES. Each of the parties agree that they shall be solely responsible to pay the attorney's fees they have incurred in all actions between them and each of the parties does hereby waive, release, and relinquish any claim against the other for such fees or expenses. 11. DEBTS. Husband shall pay and satisfy, in accordance with its terms, the debt owed to the Navy Federal Credit Union identified as Loan No. 420088405006-00 which requires a monthly payment of Five Hundred Fifty and 21/100 ($550.21) Dollars and he shall indemnify and save Wife harmless from any cost, loss, or expense caused to her by his failure to pay and satisfy that debt in accordance with its terms. The parties represent that there are no other joint debts and that neither of them has created any debt for which the other party could be liable except as expressly provided for elsewhere in this agreement. Otherwise, the parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other -e- party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 12. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 13. WAIVER OF SPOUSAL SUPPORT. ALIMONY AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. -9- 14. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 15. WAIVER OF OTHER PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 16. CONCLUSION OF DIVORCE. This agreement is entered into in the contemplation and expectation that the parties will promptly conclude the divorce action pending between them. The parties shall make, execute, acknowledge, and deliver to their respective attorneys all affidavits of consent and other documents reasonably required by their attorneys to conclude the divorce and hereby authorize and direct their attorneys to file those documents as soon as practical after the execution of this agreement so as to conclude the divorce action without delay. 17. ENTIRE AGREEMENT. This agreement constitutes the entire understanding and agreement of the parties. There are no representations, warranties, promises, or undertakings other than those expressly set forth herein. Neither party shall request a hearing by any court on the action for divorce or for a dissolution of the marriage between the parties which seeks any greater or different rights or dispositions than provided in this agreement. This agreement shall be considered a final, binding, and full settlement of all claims, rights, duties, and obligations between the parties arising out of their marriage and shall be treated as such by both parties. 18. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 19. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 20. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year G? - MATTHEW A. MERRI l J- 1 CHERYL E. ME TT -11- first above written. `74,06-- aa91 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 26day of ,-%,. , 2007, is by and between: MATTHEW A. MERRITT, of 502 East Elmwood Avenue, Apartment 4, Mechanicsburg, Pennsylvania, 17055, party of the first part, hereinafter referred to as "Husband"; and CHERYL E. MERRITT, of 126 Holly Drive, Mechanicsburg, Pennsylvania, 17055, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 22 November 1986 and are the parents of one minor child: Brandon M. Merritt, born 9 June 1994 (hereinafter referred to as "child"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Husband has initiated an action in divorce filed to No. 2005-2299 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Elizabeth Beckley, Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for their child and for their rights and responsibilities in and toward such child, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal If representatives, do hereby covenant, promise, and agree as follows: -1- 1. MARITAL RESIDENCE. The parties acknowledge that they own a residence at 126 Holly Drive in Mechanicsburg, Pennsylvania. They agree that they will dispose of or distribute that asset as follows: A. Wife shall have the exclusive right to reside in and occupy the property from the date of this agreement until the date of its sale or transfer in accordance with this paragraph. During that time, Wife shall be solely responsible to pay, in accordance with its terms, the first mortgage owed to Navy Federal Credit Union and all other expenses associated with or arising out of the ownership, use, or occupancy of the property, including, without limitation, the annual real estate taxes, homeowners insurance policy, municipal assessments and charges, and utilities. Further, Wife shall indemnify and save harmless Husband from any loss, cost, or expense caused to him by her failure to pay such items as they become due. B. Wife shall have the option, through 30 June 2008, to acquire the real estate for a purchase price equal to all settlement costs incurred for the transfer of the property to her plus the balance due on all mortgages and other liens and charges against the property on the date the title is transferred to her. She shall exercise that option by giving Husband written notice of her election to do so and, if she exercises that option, she will obtain financing sufficient to pay the purchase price within ninety (90) days of her notice of such election. At the time she pays the purchase price, the parties will deliver title to the property to Wife by special warranty deed in such condition as will be insured by a reputable title insurance company then operating in central Pennsylvania. At such time, all mortgages, liens, and charges shall be satisfied in full and any other expenses resulting from the sale and transfer of the property will be paid in full before the net proceeds are distributed. C. In the event that Wife does not execute her option or does not complete the purchase of the property within the time set forth in sub-paragraph B hereof, the parties shall list the property for sale no later than 30 August 2008. In such event, Husband shall arrange to have the property appraised, at his sole expense, and the parties agree that the appraised price shall be the minimum asking price for the sale of the house. Wife may, -2- at her option, have one hundred twenty (120) days from 1 April 2007 to attempt to sell the house herself without the use of a realtor. If she elects not to or, after one hundred twenty (120) days if she has not completed the sale of the property, the parties will list the property for sale with David Weaver of Detweiler Realty, or some other real estate agent selected by their mutual agreement. The listing price will be at least the appraised price and agreed to by both parties. D. Any sale of the property made pursuant to sub-paragraph C hereof must be scheduled for settlement during the months of June, July, or August to allow Wife and the parties' child, Brandon, to move during the summer. In the event that a sale is not arranged that requires a settlement within those months, the property will be removed from the market and will be re-listed the following April. E. In the event that the property is sold in accordance with sub-paragraphs C and D, Wife shall receive the total net proceeds from the sale of the house, after the payment and satisfaction of all mortgages, liens, and other charges against the property and all costs arising out of the sale of the property, including attorney's fees and, if the property is listed for sale, a real estate sales commission. In the event that Wife sells the property without listing it for sale with a real estate agent or broker, Wife will be solely responsible to pay all the costs involved in the sale of the property including, without limitation, advertising, promotion, and the like. The parties agree that they will cooperate with each other, with their attorneys, realtors, and other advisors, to effect a prompt and orderly sale of the property. In the event, however, that a dispute arises between the parties over the sale of the property, the parties agree that the Court of Common Pleas of Cumberland County shall retain jurisdiction over the property and their various claims to it for purposes of controlling the sale of the property pursuant to this agreement. The parties specifically agree that, if the property has not been sold by August of 2008, either party may petition said Court for an order or other action supervising and controlling the sale of the property and the distribution of the proceeds. 2. MOTOR VEHICLES. The parties agree that they shall dispose of their marital vehicle as follows: -3- A. The parties will cooperate to obtain a new title to the 1993 Honda Civic and, immediately upon receipt of that title, they will execute all documents necessary to transfer title of the vehicle to Husband. Husband shall then dispose of the vehicle by donating it to a charity or junking the vehicle. The parties specifically agree that their obligations under this paragraph may obligate them to appear together at PennDOT offices or at other offices and they both agree to do so so the new title can be obtained and transferred promptly after the date of this agreement. Husband shall pay the fees for the replacement title. B. The parties own a 2001 Toyota Sequoia motor vehicle which is currently in Wife's possession. Wife will continue to have possession and use of the vehicle and will insure the vehicle, make the monthly installment payments on the debt against the vehicle, and pay all other expenses arising out of her possession or use of the vehicle and indemnify and save harmless Husband from any loss, cost, or expense caused to him by her failure to do so. If the proceeds from the sale of the residence are not sufficient to settle that and any other obligations Wife owes at the time, Wife shall have the vehicle refinanced in her name alone within sixty (60) days of the date of settlement on the sale of the residence and, at such time as the existing debt owed to Navy Federal Credit Union is satisfied in full, Husband shall sign any and all documents necessary to transfer ownership of the vehicle to Wife's name alone. 3. SAIC STOCK AND CASH PAYMENT. The parties acknowledge that, as a result of his employment by SAIC, Husband has acquired and is acquiring certain stock options and rights. To divide and distribute those stocks and stock rights and options, the parties agree as follows: A. Husband shall, within thirty (30) days of the date of the final decree in divorce between the parties, pay Wife the sum of Ten Thousand ($10,000.00) Dollars in cash. B. Husband shall, sometime between 10 July 2007 and 10 August 2007, transfer to Wife's name alone, one thousand four hundred (1,400) shares of stock in SAIC which the parties agree, at the present time, has a value of Twenty-Five Thousand Eight Hundred Seventy-Two ($25,872.00) Dollars. -4- C. If Husband is still employed by SAIC in November of 2009, and the stock in SAIC which is currently not vested in him, vests in Husband's ownership by that time, Husband shall transfer an additional seven hundred (700) shares of SAIC stock on or before 1 December 2009. If Husband is not employed by SAIC on that date, or if the stock has not vested in Husband pursuant to the stock plan operated by SAIC by that date, the parties acknowledge that Husband will not be obligated to transfer such stock to Wife and Wife waives any further claim against Husband for such stock. D. Wife acknowledges that all other stock, stock options, or stock rights currently held by Husband, whether vested or unvested, are Husband's sole and separate property, and shall remain such, free of any further claim by Wife arising out of their marriage or divorce, and Wife confirms those stocks and rights to be Husband's and waives any further claim to them. 4. HUSBAND'S NAVY RETIREMENT BENEFITS. The parties acknowledge that, during the marriage, Husband served in the United States Navy Reserve and, as a result, earned and accrued certain retirement benefits. The parties agree that they shall divide and distribute the marital portion of those benefits so that Wife receives fifty (50%) percent of the benefits earned during the marriage, properly calculated in accordance with the law and the regulations which control such retirement benefits, and will also award Wife a survivor's benefit equal to fifty (50%) percent of Husband's benefits at the time of his death, on the condition that Wife shall absorb the "cost" of her survivor's benefit by having the amount by which the lifetime benefit is reduced to provide the survivor's benefit, come from her portion of the benefit receiving during Husband's lifetime. The parties shall cooperate to obtain a Domestic Relations Order to implement this paragraph and Husband shall bear and pay the cost of such order. The parties agree that they shall cooperate with each other to implement that Domestic Relations Order, that they shall both be bound by and abide by said order, and Wife does hereby waive, relinquish and release any further claim against or interest in Husband's retirement benefits beyond those awarded to her pursuant to that Domestic Relations Order. 5. PERSONAL PROPERTY. A. Photograph Negatives. Wife shall allow Husband the use of any and all photographs and negatives he chooses to copy. Wife will organize the photographs and -5- negatives in reasonable batches and allow Husband to have possession of one batch at a time to review and copy those he selects to duplicate. He shall have up to four (4) weeks with each batch to complete that process and shall return each batch to Wife before borrowing a subsequent batch. B. Household Contents at Residence. At such time as Wife moves from the residence at 126 Holly Drive, she will allow Husband to take any-item from the house (other than the photographs and negatives provided in sub-paragraph A hereof) that she and the parties' son, Brandon, do not take with them. Anything not selected by the parties and Brandon will be sold in a yard sale, the proceeds of which will be applied to pay Wife's moving and relocation expenses. C. Otherwise, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 6. INCOME TAXES. The parties shall engage the accounting firm of Boreman & Babb Associates to prepare their tax returns for tax year 2006. They will have the firm prepare the returns both jointly and individually for each of the parties and, if the parties file individually, each party will pay their own tax obligation and one-half of the cost of the tax preparation. If the parties file jointly, Husband will pay the tax obligation and the cost of the preparation of the returns. Wife will close out her Creative Memory business accounts no later than 15 March 2007 and both parties will provide all information required by the accountants to prepare the returns, including wage, salary, and other income information, no later than 15 March 2007 so that the accountants can prepare the returns and the parties can review and approve them in time to be filed by 15 April 2007. In the event that the parties file separately, they agree that Wife may claim the exemption for their son, Brandon, and file as head of -6- household. Prior to 30 April 2007, Husband will pay the costs for Wife to have one consultation with Boreman & Babb Associates, to assist Wife in determining the tax implications of the sale of the residence. 7. CHILD SUPPORT. The parties agree that they are currently parties to an action in child support before the Domestic Relations Office of the Court of Common Pleas of Cumberland County, which action is filed to No. 266 Support 2003 (PACSES 930105356) and that there is currently an order entered in that action which obligates Husband to pay child support to Wife in the amount of Nine Hundred Ninety-Nine and 93/100 ($999.93) Dollars for the support of the parties' son, Brandon. The parties agree that Husband's child support obligation shall be determined by that action and the orders entered in that action, as those orders may be modified or amended from time to time in the future, and both parties agree to cooperate with each other and the Domestic Relations Office to fully implement all orders entered in that action. Husband agrees, however, that he shall not be entitled to any reduction in his child support obligation in the event that he voluntarily terminates his employment or voluntarily reduces his income. 8. LIFE INSURANCE. Husband shall, at his sole expense, maintain insurance on his life which pays a death benefit of no less than Two Hundred Fifty Thousand ($250,000.00) Dollars with a policy which designates the parties' son, Brandon M. Merritt, or a trust for his benefit, as the sole and irrevocable beneficiary and shall maintain such policy until Brandon attains the age of twenty-four (24) years. Husband shall not borrow against, pledge, assign, or take any other action with regard to the policy which will reduce the death benefits below Two Hundred Fifty Thousand ($250,000.00) Dollars or which will change the beneficiary of the policy until Brandon reaches the age of twenty-four (24) years. Further, Husband shall provide proof to Wife that such insurance is in place and complies with the terms and provisions of this agreement on an annual basis, upon thirty (30) days written notice by either party requesting such confirmation. 9. ALIMONY. Husband shall pay Wife alimony as follows: A. He shall pay alimony to Wife in the amount of One Thousand Nine Hundred Ninety-Two and 91/100 ($1,992.91) Dollars per month, commencing with the first month following the entry of the final decree in divorce and continuing through the month of July, 2007. -7- B. Thereafter, Husband shall pay Wife alimony in the amount of One Thousand Seven Hundred ($1,700.00) Dollars per month, commencing with the month of August, 2007, and continuing through 10 June 2013 or until the parties' son, Brandon, graduates from high school, whichever first occurs. C. The amount of alimony provided in sub-paragraphs A and B shall not be subject to modification by any court or tribunal at any time or for any reason. D. The term of the alimony shall be as set forth in sub-paragraphs A and B except that it shall terminate earlier in the event of the death of either party or Wife's remarriage or cohabitation. E. The payments of alimony made pursuant to this paragraph shall be treated by both parties as alimony, with Wife including these payments in her income for income tax purposes and Husband deducting these payments for income tax purposes. Both parties agree that they will cooperate in the filing of tax returns to accurately report these payments as alimony. 10. ATTORNEYS' FEES. Each of the parties agree that they shall be solely responsible to pay the attorney's fees they have incurred in all actions between them and each of the parties does hereby waive, release, and relinquish any claim against the other for such fees or expenses. 11. DEBTS. Husband shall pay and satisfy, in accordance with its terms, the debt owed to the Navy Federal Credit Union identified as Loan No. 420088405006-00 which requires a monthly payment of Five Hundred Fifty and 21/100 ($550.21) Dollars and he shall indemnify and save Wife harmless from any cost, loss, or expense caused to her by his failure to pay and satisfy that debt in accordance with its terms. The parties represent that there are no other joint debts and that neither of them has created any debt for which the other party could be liable except as expressly provided for elsewhere in this agreement. Otherwise, the parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other -s- parry hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 12. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 13. WAIVER OF SPOUSAL SUPPORT ALIMONY AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. -9- 14. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 15. WAIVER OF OTHER PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 16. CONCLUSION OF DIVORCE. This agreement is entered into in the contemplation and expectation that the parties will promptly conclude the divorce action pending between them. The parties shall make, execute, acknowledge, and deliver to their respective attorneys all affidavits of consent and other documents reasonably required by their attorneys to conclude the divorce and hereby authorize and direct their attorneys to file those documents as soon as practical after the execution of this agreement so as to conclude the divorce action without delay. 17. ENTIRE AGREEMENT. This agreement constitutes the entire understanding and agreement of the parties. There are no representations, warranties, promises, or undertakings other than -io- those expressly set forth herein. Neither party shall request a hearing by any court on the action for divorce or for a dissolution of the marriage between the parties which seeks any greater or different rights or dispositions than provided in this agreement. This agreement shall be considered a final, binding, and full settlement of all claims, rights, duties, and obligations between the parties arising out of their marriage and shall be treated as such by both parties. 18. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 19. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 20. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year Gi MATTHEW A. MERRI CHERYL -E,ME TT .4 -11- first above written. ?s s-- ? __ -- --+ -? -=-? . r ?, _? , .?- -, :?. `_; ?, °_ ? r ?ti ?? . c.: MATTHEW A. MERRITT, Plaintiff VS. CHERYL E. MERRITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2299 CIVIL TERM IN DIVORCE MOTION FOR ENTRY OF DOMESTIC RELATIONS ORDER AND NOW c omes the above-named Plaintiff, by his attorney, Samuel L. Andes, and moves the court to enter the attached Domestic Relations Order to divide and distribute a portion of the Plaintiff's benefits in the United States Naval Reserves Retirement System, to effectuate a provision of the settlement agreement reached by the parties in this matter. ^2 - 44 -S f1XZ54 March 2007 -- Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12' Street Lemoyne, Pa 17043 (717) 761-5361 t V, It Hid ` r{Bx L09Z CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant, by regular mail, postage prepaid, addressed as follows: Elizabeth S. Beckley, Esquire 212 North Third Street Harrisburg, PA 17101 Date: March 2007 J4 ?x-l Amy Harkins Wecretary for Samuel L. Andes MATTHEW A. MERRITT, Plaintiff VS. CHERYL E. MERRITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2299 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 4 May 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?30"' /Q&V %- ---- aa,,? Dated: MATTHEW A. MERRITT ?x ,?..?. y .^+?, ..+ - =? ?. .? -' ` ..--^ ?? .` 4 iy .;? r? MATTHEW A. MERRITT, Plaintiff V. CHERYL E. MERRITT, Defendant JN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :1N DIVORCE :NO. 05-2299 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on or about April 25, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of 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. 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. § 4904 relating to unsworn falsification to authorities. Dated: - )Iq I arooq d u -4 c-n MATTHEW A. MERRITT, Plaintiff V. CHERYL E. MERRITT, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO. 05-2299 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 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 statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: a . 1 `f Xr- MATTHEW A. MERRITT, Plaintiff VS. CHERYL E. MERRITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2299 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Sheriff's service on Defendant on 19 May 2005. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 9 March 2007 By Defendant: 9March 2007 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 9 March 2007, filed contemporaneously herewith Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 9 March 2007, filed contemporaneously herewith Date: - A7 z q)7 By Sa el L. Andes Attorney for Plaintiff c? -^{,? s...rv. ??' X17 ['-' ' 4 ? ` 1 .rte, ,i E" `k' -:{? 1? ?? ?? t Matt_ Ma,-r;tt Plaintiff VS. C Defendant IN THE COURT P COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IV DIVORCE NO. 200 -2299 DOMESTIC RELATIONS ORDER. i. 'I'bis Domestic Relations Order ("DRO") creates and recognizes the 8xistence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Military Retirement System ("Plan") and any successor Plan. Merritt thereto. Matthew A. Merritt ("Participant") a$t?} is a Participant in Alternate Payee for the purpose of this DRO. ("Alternate Payee"), the former spouse, 5. The Participant's name, mailing address, Social Security number and date of birth are: Matthew A. Merritt 502 But Elmwood Avenue, Apt. 4 Mechanicsburg, PA 17055 Social Security No.: 402-9&6918 Date of Birth: May 25, 1963 6 The Alternate payee's name, mailing address, Social Security number and date of birth are: Cheryl E. Merritt / 126 Holly Drive Mechanicsburg, PA 17055 Social Security No.: 232-13-4653 Date of Birth: March 5, 1963 7. The Participant assigns to the Alternate Payee an interest in the Partiant?e disposable military retired pay. The Alternate payee is entitled to a direct payment amount specified below and shall receive payments at the same time as the Participant. 8. The Participant's rights under the Servicemembers' Civil Relief Act were observed by the Court as evidenced by the presence of his legal counsel at the proceedings. DRO Page 2 g. This order assigns to Alternate Payee an amount equal to 46.8% of the marital portion of the participant's disposable military retired Pay under the Plan as of his benefit connmencement date. The marital Portion shall be determined by multiplying the PartiLipant's military retired pay by a fraction (less than or equal to 1.0), the numerator of which is disposable lated by the Participant the number of retirement points accumu or of which is the total numthe marriage (which b of retirement shall points be defined as 5,047 points) and the. deno?m'nat of accumulated by the participant as of his date of retirement. In addition to the above, the Alternate Payee shall receive a pro rata share of any cost- of-living adjustments made to the Participant's benefits. The pro rata share shall be calculated in the she same manner as the Alternate Payees share of the Participant's retirement benefits is calculated pursuant to this Paragraph 10. Payments to Alternate Payee shall commence the date payments commence to the Participant. 11. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the Alternate Payee dies before the P re ipant,the tteernap 's share of the Participant's disposable military retired pay 12. The participant agrees to elect to make the Alternate Payee (and such Alternate Payee shall be deemed) the irrevocable beneficiary of the survivor's Survivor Benefit Plan ("SBP"), with the survivor's annuity determined by the marital pension. The Participant shall make the necessary election in a timely manner to effectuate the SBP coverage for the Alternate Payee and shall execute such paperwork as is required. 1$_ The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and subs uent order. this Order has not been amended, superseded, or set aside by any eq 14. The Participant and the Alternate Payee acknowledge that they have been married for than ten years a period of more than ten years drin`gw?? ???artiNopane?o? 1986, and separated on of creditable military service. The pert December 2, 2002. 15. The Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. DFAS about any changes in the Domestic 16. The Alternate payee agrees to notify Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits Pursuant to it. 17. The Participant and the Alternate payee intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. 18. The participant agrees to cooperate with the Alternate Payee to prepare an application is retired or retainer pay pursuant for direct payment to the Alternate payee from to toe acute all documents that the United States to 10 U.S.C. Section 1408. The Participant afire DRO Page 3 Navy may require to certify that the disposable military retired pay can be provided to the Alternate Payee. 19. The parties acknowledge that the following items must be sent by the Alternate Payee to DFAS-CI./GAG, Assistant General Counsel for Garnishment Operation, Defense Finance and Accounting Services Cleveland, P.O. Box 998002, Cleveland, Ohio 44199-8002 and to DFAS, U.S. Military Retired Pay, P.O. Box 7130, London, KY 40742-7130. The Participant agrees to provide ayee-s any of this information to the Alternate Payee tiotn tht the lltte nate Payee request unable to btain. necessary efforts to obtain any of this informs a. Deemed Election Letter b. A certified copy of the Divorce Decree. C. A certified copy of this Domestic Relations Order. d. A copy of the Marriage Certificate of Mr. and Mrs. Merritt. e. An executed copy of Form 2293 entitled Application for Former Spouse Payments From Retired Pay 20. The Court shall retain jurisdiction milita?Y retirement benefits aware arded he er in. enforce the award to the Alternate Payee of the Accepted and ordered this Y CONSENT TO ORDER: Plaintiff/Participant a orney for tiff/ Date Participant BY THE COURT , L 1 ?? d 9Z ? VW tODZ A*.Lot fV; c? 3Hd dC) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MATTHEW A. MERRITT, Plaintiff VERSUS CHERYL E. MERRITT, Defendant No. 2005-2299 DECREE IN DIVORCE /2007 AND NOW, , IT IS ORDERED AND MATTHEW A. MERRITT DECREED THAT CHERYL E. MERRITT AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAT NTI FF, 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; THE TERMS AND PROVISIONS OF THE PARTIES' PROPERTY SETTLEMENT ED, BUT NOT PO - AG- RE A IN R MERGED, INTO THIS DECREE. THE PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT NOT WITHSTANDING THE ENTRY OF THIS DECREE.,,- BY THE A MATTHEW A. MERRITT, Plaintiff vs. CHERYL E. MERRITT, Defendant JOINT MOTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2299 CIVIL TERM IN DIVORCE AND NOW come the above-named parties, by their attorneys, Samuel L. Andes for the Plaintiff and Elizabeth S. Beckley for the Defendant, and jointly move the court to enter the attached Order for Alimony to implement one of the provisions of the parties' Property Settlement Agreement dated February 26, 2007. Samuel` r. Andre Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 Attophey for Defeidant Su reme Court I D # 212 North Third Street Harrisburg, PA 17101 APR 1 8 zoos Ul MATTHEW A. MERRITT, Plaintiff vs. CHERYL E. MERRITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2299 CIVIL TERM IN DIVORCE ORDER FOR ALIMONY AND NOW, this Z 3'? day of l? r 2007, to implement and effectuate Paragraph 9 of the Property Settlement Agreement between the above parties dated February 26, 2007, we hereby order and decree that the Plaintiff Matthew A. Merritt (hereinafter "Husband") shall pay alimony to the Defendant Cheryl E. Merritt (hereinafter "Wife'), as follows: A. He shall pay alimony to Wife in the amount of One Thousand Nine Hundred Ninety-Two and 91/100 ($1,992.91) Dollars per month, commencing with the first month following the entry of the final decree in divorce and continuing through the month of July, 2007. B. Thereafter, Husband shall pay Wife alimony in the amount of One Thousand Seven Hundred ($1,700.00) Dollars per month, commencing with the month of August , 2007, and continuing through 10 June 2013 or until the parties' son, Brandon, graduates from high school, whichever first occurs. C. The amount of alimony provided in sub-paragraphs A and B shall not be subject to modification by any court or tribunal at any time or for any reason. D. The term of the alimony shall be as set forth in sub-paragraphs A and B except that it shall terminate earlier in the event of the death of either party or Wife's remarriage or cohabitation. E. The payments of alimony made pursuant to this paragraph shall be treated by both parties as alimony, with Wife including these payments in her income for income tax purposes and Husband deducting these payments for income tax purposes. Both parties agree that they will cooperate in the filing of tax returns to accurately report these payments as alimony. n And further, the Domestic Relations Office of Cumberland County is hereby authorized and directed to administer the payment of alimony pursuant to this order, by opening and administering an account, by attaching the wages of the Plaintiff, and by taking such other action as may be necessary to administer and enforce the terms and provisions of this order. The parties are directed to cooperate with the Domestic Relations Office, to include agreeing to an attachment of Husband's wages, to effectuate this order. BY THE COURT, J. Distribution: ? muel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12`n Street, P.O. Box 168, Lemoyne, PA 17043 zabeth S. Beckley, Esquire (Attorney for Defendant) 212 North Third Street, Harrisburg, PA 17101 4 'I ,,vM to rCr ??'? ?? Y 3- JAc! 1S W 1%* ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 04/26/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number 930105356 O Original Order/Notice 266 S 2003 O Amended Order/Notice 942109121 O Terminate Order/Notice 05-2299 CIVIL RE: MERRITT, MATTHEW A. Employee/Obligor's Name (Last, First, MI) 402-98-6918 Employee/Obligor's Social Security Number 8904101138 Employee/Obligor's Case Identifier SAIC 1710 SAIC DR PO BOX 1303 (See Addendum for plaintiff names MC LEAN VA 22102-8983 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 2, 992. 84 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 2, 992.84 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 690.66per weekly pay period. $ 1381.30per biweekly pay period (every two weeks). $ 1.496.42 per semimonthly pay period (twice a month). $ 2, 992. 84 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: APR 21 2007 DRO: R.J. Shadday Service Type M BY THE COU Edward E. Guido, Judge Form EN-028 Rev. OMB No.: 0970-0154 Worker ID $ IATT 4 Ge ,a,. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If Necked you are required to provide a copy of this form to your m loyee. If your employee works in a state that is dihferent from the state that issued this order, a copy must be provic?edpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*-RepoAing- he Raydateff)m"f Withholding:-'ou-mustreportthepaydatefd - You must comply with the law of the paydate/date of withholding Is state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2730100156 EMPLOYEE'S/OBLIGOR'S NAME: MERRITT MATTHEW A. EMPLOYEE'S CASE IDENTIFIER: 8904101138 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type m by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.chiIdsupport.state.pa.us Page 2 of 2 OMB No.: 0970.0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MERRITT, MATTHEW A. PACKS Case Number 930105356 PACKS Case Number 942109121 Plaintiff Name Plaintiff Name CHERYL E. MERRITT CHERYL E. MERRITT Docket Attachment Amount Docket Attachment Amount 00266 S 2003 $ 999.93 05-2299 CIVIL$ 1,992.91 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB BRANDON MATTHEW MERRITT 06/09/94 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0754 n C --' ...a -;; ?` --? r?? ?`_ :,? ? {-n -' -c?+ ;.. e --? ? ?-7 r ?i ...,_ f? 9 ? ? AUG-16-06 12:47 FROWCumberland County Domestic Relations +17172406248 T-757 P.002/003 F-658 No. 05- aa?q civi MAY 2 3 20, CUMBERLAND COUNTY DOMESTIC RELATIONS Date of Application: Request for Support Record Search Name: YY)err/•ff ??Q f ??7?,uJ (Last) (First) (M1) Address: Social Security Number: 2273•3 9 9? D•0•B•: .?- -?+3 J Domestic Relations Case Number if Known: 941210911 ZI Party Requesting Information: 62.6e- a; rQ, 'e.- (Print Nara of Firm Name) 7/ 73/- ,tooa //? tea • / ?o?? (Telephone Number) (Address) 7/'7- 7..3/-/ Y? jmn&zi A. (Fax Number) (Signature A Twenty Dollar ($20.00) Fee is Due per Social Security Number Make check or money order payable to: DRSILien Search INITIAL REQUEST Has no Record in Domestic Relations as of (Date) Support Arrears as of End of Month Prior to Date of pplication: S /o7pz 3, t{ Monthly Total Support Obligation: S n The Amount shown above is reflected in the Domestic Relations Section Office of Cumberland County, Pennsylvania. M e m b er --It gQ D 41©11 3a Domestic Relations Case Number: PkCS e 's g L4 a 10 91 A I Signed: QAL- M 1 6'u- 55 . 1;-3 0 7 el' (Lien Search Coordinator) (Dare) BRING-DOWN REQUEST Support Arrears: S As Of. Signed: (Lien Coordinator) (Date) (Date) *** Lien Satisfisfaction Receipt Available Upon Request' Cam, Qt? Cc-7ad C? r; L c? r? - rt ,?, ` -? I A .. 44 ? t? tI W L r? ' ? ?., ??{ ? ?? " L r i ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State _Commonwealth of Pennsylvania C442- t Ogal 0 Original Order/Notice Co./City/Dist. of CUMBERLAND C)5-229c1 Cwil O Amended Order/Notice Date of Order/Notice 08/01/07 O Terminate Order/Notice Case Number (See Addendum for case summary) RE: MERRITT, MATTHEW A. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) .? 402-98-6918 Employee/Obligor's Social Security Number SAIC 8904101138 1710 SAIC DR Employee/Obligor's Case Identifier PO BOX 1303 (See Addendum for plaintiff names MC LEAN VA 22102-8983 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 2, 699.93 per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0. oo per month in other (specify) for a total of $ 2,6 9 9. 93 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your p% cycle *s not match the ordered support payment cycle, use the following to determine how much to withhold: c" $ 623.016 per weekly pay period. G $ _ 1,246. 13 per biweekly pay period (every two weeks). $ 1.349.97 per semimonthly pay period (twice a month). 9`n N $ 2.699.93 per monthly pay period. ac REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days he dal*of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding*u are titled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee-for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE URT: Date of Order: AUG 0 2 7007 Form E N ?8 Rev. 1 Service Type M OMS No.; 0970-0154 Worker I $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required, to provide a opy of this form to your m loyee. If your employee works in a state that is d1l?ferent from the state that issued this order, a copy must be provideedpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Pdydate/Date of Withholding. You must report the paydateidate of withholdinrl when sending the payment. The paydate/date of withholding 6 the date on vvhich amOtint WaS Withheld from the emp oyee's warges. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2730100156 EMPLOYEE'S/OBLIGOR'S NAME: MERRITT MATTHEW A. EMPLOYEE'S CASE IDENTIFIER: 8904101138 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type m by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT or 0 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MERRITT, MATTHEW A. PACSES Case Number 930105356 Plaintiff Name CHERYL E. MERRITT Docket Attachment Amount 00266 S 2003 $ 999.93 Child(ren)'s Name(s): DOB BRANDON MATTHEW MERRITT 06/09/94 PACSES Case Number 942109121 Plaintiff Name CHERYL E. MERRITT Docket Attachment Amount 05-2299 CIVIL$ 1,700.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) El If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 ? i ? ?? . cr? '- ` `?? t,? ,, a ?``? -- ? _ '?- f % ? ,. ?" ? ...,- ..G INCOME WITHHOLDING FOR SUPPORT Q ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO) 9 ?h I L c' 3S L Q AMENDED IWO Q ONE-TIMEORDERMOTICE FOR LUMP SUM PAYMENT /-1 TGD\IIMATInN OF IWO C-411 DC11 05 -?????t 6v Date: 06/29/12 V , ?,.,..,,.r. ..v.i ... ? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Check One) NOTE: This IWO must be regligo snits face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http://www acf hhs aov/prourrams/cse/newhire/employer/publication/publication htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. .. ..- ,. _-1 . .....1.44go State/Tribe/Territory Commonwealth of Pennsylvania Kernmance wenm r, tawluuc w1pay,,,a,-,. ,,, __.-..-- City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket informalton) D.,,-ra 1nrtixAA 1/r-nt tv CSE Agency Case Identifier: (See Addendum for case summary) SAIC 1710 SAIC DR PO BOX 1303 MC LEAN VA 22102-8983 Employer/Income Withholder's FEIN Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: MERRITT, MATTHEW A. Employee/Obligor's Name (Last, First, Middle) 402-98-6918 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http;//www acf hhs aov/programs/cse/newhire/ employer/publiaation/publication.htm - form . If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. 2730100156 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts frol2hezgnpl'ee/ obligor's income until further notice. -spa N r-nw --t +1 $ 0.00 per month in current child support .I i c ro Mt- - $ 0.00 per month in past-due child support - Arrears 12 weeks or greater? yeSt. rt t!1 1 :r; $ 0.00 per month in current cash medical support tv CD $ 0.00 per month in past-due cash medical support <C:) _ i $ 0.00 per month in current spousal support V $ 0.00 per month in past-due spousal support $ 0.00 per month in other (must specify) rv _ w for a Total Amount to Withhold of $ 0.00 per month. €7 AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten 10 workin days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map, htm for the employee/obligor's principal place of employment. Document Tracking Identifier Service Type M OMB No.: 0970-0154 Form EN-028 06/12 Worker ID $IATT ? Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to Zln SDU it" accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): ._ Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: -- Date of Signature: _ ?- -- _ ] ---- If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this i WQ must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: htto://www acf hhs aov/1rocirams/cse/newhirP/employer/contacts/con+acl-map htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date - 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN-028 06/12 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: SAIC Employee/Obligor's Name: MERRITT, MATTHEW A. CSE Agency Case Identifier: (See Addendum for case summary) Employer FEIN: 89041011 Order Identifier: (-Sgp Addendum for order/docket information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2730100156 Q This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known address: Last known phone number: Final Payment Date To SDU/Tribal Payee: New Employer's Name: New Employer's Address: Final Payment Amount: CONTACT INFORMATION: To Employer/income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6,248, by email or website at www.childsupport.state.pa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M OMB No. 0970-0154 Page 3 of 3 Form EN-028 06/12 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MERRITT, MATTHEW A. PACSES Case Number 930105356 Plaintiff Name CHERYL E. MERRITT Docket Attachment Amount 00266S 2003 $ 0.00 Child(ren)'s Name(s): DOB BRANDON M. MERRITT 06/09/94 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number 942109121 Plaintiff Name CHERYL E. MERRITT floc ek t Attachment Amount 05-2299 CIVIL $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 06/12 Service Type M OMB No.: 0970-0154 Worker ID $IATT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Plaintiff Name CHERYL E. MERRITT Defendant Name: MATTHEW A. MERRITT Member ID Number: 8904101138 = + Please note: All correspondence must include the Member ID Number. V) VACATE ATTACHMENT OF UNEMPLOYMENT BENiS t ??J 4 _ ~rz 5; C= Financial Break Down of Multiple Cases on Attachment 'F PACSES Docket Case Number N m er 942109121 05-2299 CIVIL Attachment Amount/Frequency 1,700.00 ! MONTH 1 $ $ TOTAL ATTACHMENT AMOUNT: $ 1,700.00 The prior Order of this Court directing the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), to attach $391.23 or 50% per week of the Unemployment Compensation benefits of MATTHEW A. MERRITT, Social Security Number XXX-XX-6918, Member ID Number 8904101138 is hereby vacated. This Order to Vacate shall be effective upon receipt of the notice of the Order by the Department and shall remain in effect until a further Order of the Court is filed. BY THE COURT g Date of Order: JUL 0 2 2012 Edward E. Guido JUDGE Form EN-035 Service Type M Worker ID 21205