HomeMy WebLinkAbout07-1530JULIE SPUHLER, * IN THE COURT OF COMMON PLEAS
Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA
VS.
* NO. 01 - JS? 6
* ? l
ROBERT J. SPUHLER, * CIVIL ACTION - LAW
Defendant * IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN
THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO
DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE
ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY
OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR
CHILDREN.
WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE
MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS
AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I
COURTHOUSE SQUARE, CARLISLE, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM
ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
JULIE SPUHLER, * IN THE COURT OF COMMON PLEAS
Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA
*
VS.
*
* NO. 6
*
* CIVIL ACTION - LAW
* IN DIVORCE
Ctw?L Lz?
ROBERT J. SPUHLER,
Defendant
COMPLAINT
COUNT I DIVORCE UNDER &3301(c) or §3301(d) OF THE DIVORCE CODE
1. Plaintiff is Julie Spuhler, who currently resides at 804 Shuler Street, Mechanicsburg,
Cumberland County, Pennsylvania, 17055.
2. Defendant is Robert J. Spuhler, who currently resides at 4 Mayfield Road, Mechanicsburg,
Cumberland County, Pennsylvania, 17055.
3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six
months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on October 29, 1988, in Steelton, Dauphin County,
Pennsylvania.
5. The parties are the parents of three (3) minor children: Shawn Robert Spuhler, born March
17, 1989; Alyssa Mae Spuhler, born January 25, 1991; and, Zachary John Spuhler, born July 17, 2000.
6. There have been no prior actions of divorce or annulment between the parties.
7. Neither party is presently a member of the Armed Forces on active duty.
8. Plaintiff has been advised that counseling is available and that she may have the right to
request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not
request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued.
10. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are:
(a) §3301(c). The marriage of the parties is irretrievably broken; and
(b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time,
Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of
at least two (2) years.
11. Plaintiff respectfully requests This Honorable Court enter a Decree of Divorce.
WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the
marriage between Plaintiff and Defendant.
Dated: / S U
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
Thomas M. Clark, Esquire
130 West Church Street
Dillsburg, PA 17019
(717) 432-9666
I.D. # 85211
VERIFICATION
I, Julie Spuhler, verify that the statements made in this Complaint 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 of 18 Pa. CS. §4904, relating to unsworn falsification to authorities.
Date: 3 L
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JULIE SPUHLER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 07-1530 Civil Term
ROBERT J. SPUHLER,
Defendant CIVIL ACTION -DIVORCE
AFFIDAVIT OF SERVICE
1, Jeanette L. Roberts, being duly sworn, deposes and says that she is an adult and that she served the
within Divorce Complaint at the Defendant's last known address as follows: 4 Mayfield Road, Mechanicsburg,
PA 17055, by certified mail, restricted delivery, return receipt requested on the 27th day of March, 2007. The
Certified Mail Receipt and PS Form 38111 is attached hereto, marked Exhibit "A" and made a part hereof by
reference thereto.
Date: April 2, 2007
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
: SS
WILEY, LENOX, COLGAN
& MARZZACCO, P.C.
B
1 At-.
L2401ZU tA-
4ttJee L. Roberts
On this, the 2nd day of April, 2007, before me, a notary public, personally appeared Jeanette L.
Roberts known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and
acknowledged that she executed the same for the purposes therein contained.
WITNESS, my hand and notarial seal the day and year aforesaid.
40
NOTARY PUBLIC
My Commission Expires:
COMMON",HEALTH OF PENNSYLVANIA
Notarial Seal
S. Dawn Gladfelter, Notary Public
Dilisburg Boro, York County
-My Commission Expires May 17, 2009
Member, Pennsylvania Association of Notaries
i
¦ Complete items 1, 2, and 3. Also complete
Rem 4 if Restricted Delivery Is desired.
¦ Print your name and address on the reverse '+ ,nature
so. that we can return the card to you. g Name)
• Attach this card to the back of the mailpiece,
or on the front of space permits.
1, Article Addressed to: D. Is del
If Y addres
ROBERT J. SPUHLER
4 MAYFIELD ROAD
>
MECHANICSBURG, PA 170 6
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0. Date of Delivery
Item 1? ? Yes
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Ps Form 3811, Fewuary 2004 Domestic Rstum Receipt laaaesG¢?A tsto
EXHIBIT "A"
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JULIE SPUHLER,
Plaintiff
V.
ROBERT J. SPUHLER,
Defendant
IN DIVORCE
PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT made this day of v 9 , 2008, between
JULIE SPUHLER, of 0 r , Cumberland
County, Pennsylvania, hereinafter referred to as "Julie", and ROBERT J. SPUHLER of 4 Mayfield
Road, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Bob".
RECITALS:
RA: The parties hereto are husband and wife, having been joined in marriage on
October 29, 1988 in Steelton, Pennsylvania; and
R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Commonwealth of Pennsylvania, to Number 07-1530 Civil Term; and
R.3: The parties hereto desire to settle fully and finally their respective financial and
property rights and obligations including, but not limited, all matters between them relating to the
ownership of real and personal property, claims for spousal support, alimony, alimony pendente
lite.
R4: The parties also desire to settle their issues of parenting of their minor children,
Alyssa Mae Spuhler, born January 25, 1991, and Zachary John Spuhler, born July 17, 2000,
counsel fees and costs, and the settling of any and all claims and possible claims against the
other or against their respective estates.
1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-1530
R.S: Julie and Bob have participated in the collaborative law process in order to reach
this Agreement.
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
mutually kept and performed by each party, as well as for other good and valuable consideration
and intending to be legally bound, it is agreed as follows:
(1) SEPARATION: It shall be lawful for each party at all times hereafter to live
separate and apart from the other party at such place or places as he or she from time to time
may choose or deem fit, free from any control, restraint or interference from the other. Neither
party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by
any legal or other proceeding. Each party shall be free of the interference, authority or contact by
the other as if he or she was single and unmarried except as maybe necessary to carry out the
terms of this agreement.
(2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and
that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce
action. Upon the execution of this agreement, the parties shall execute and file Affidavits of
Consent and Waivers of Notice necessary to finalize said divorce. Julie will transmit the record
promptly so that a Decree can be entered.
(3) REAL PROPERTY: Bob and Julie sold the marital home at 804 Shuler Street,
Mechanicsburg, Cumberland County, Pennsylvania 17055. The proceeds of the sale were
$164,570.45. From the proceeds of sale, Bob received $2,848.00 to assist him in paying the
taxes he owes to the Federal government in 2007. The balance of the proceeds in the amount of
$161,722.45 were deposited into an interest bearing escrow account. The escrow account
earned interest in the amount of $535.62 making the balance $162,258.07. From the balance of
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the escrow account, Julie shall receive $92,285.00 plus one half of the interest ($267.81) for a
total of $92.552.81 and Bob shall receive $69,437.45 plus one half of the interest ($267.81) for a
total of $69,705.26.
(4) DEBT:
A. Marital Debt: Bob and Julie acknowledge and agree that there are no other
outstanding debts and obligations which are marital or for which the other might be liable incurred
prior to the signing of this Agreement, except for a joint PSECU Visa credit card. Additionally, the
parties have agreed to be responsible for certain marital debt which was incurred in the individual
name of one or the other of them.
Bob has paid the obligations to his dentist for dental work prior to the parties'
separation. Bob has also paid the real estate taxes for 2007 on the marital home.
2: Julie has paid off the PSECU loan and, within ten (10) days of receipt of the
monies set out in paragraph 3 above, will pay off the PSECU Visa after which the account shall be
closed.
Each party shall pay the outstanding debts as set forth herein and further agrees to
indemnify and save harmless the other from any and all claims and demands made against either
of them by reason of such debts or obligations.
B: Post Separation Debt: In the event that either party contracted or incurred any
debt since the date of separation on October 1, 2006, the party who incurred said debt shall be
responsible for the payment thereof regardless of the name in which the debt may have been
incurred.
C: Future Debt: From the date of this agreement neither party shall contract or incur
any debt or liability for which the other party or his or her property or estate might be responsible
and shall indemnify and save the other party harmless from any and all claims or demands made
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against him or her by reason of debts or obligations incurred by the other party.
(5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she
may have to any and all motor vehicles currently in possession of the other party. Within ten (10)
of the date of this agreement each party shall execute any documents necessary to have said
vehicles properly registered in the other party's name with the Pennsylvania Department of
Transportation. Each party shall assume full responsibility of any encumbrance on the motor
vehicle received by said party, and shall hold harmless and indemnify the other party from any
loss thereon. Julie will retain the 2003 Honda Odyssey and Bob will retain his 1996 Corvette and
a 2000 Dodge Dakota club cab truck. The party receiving title of the vehicle shall be responsible
for any and all costs associated with the transfer of title and registration of the vehicle he or she
receives.
(6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they
have effected a satisfactory division of the furniture, household furnishings, appliances, tools and
other household personal property between them, and they mutually agree that each party shall
from and after the date hereof be the sole and separate owner of all such property presently in his
or her possession whether said property was heretofore owned jointly or individually by the parties
hereto. This agreement shall have the effect of an assignment or bill of sale from each party to
the other for such property as may be in the individual possession of each of the parties hereto.
(7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right,
title or interest he or she may have in or to any intangible personal property currently titled in the
name of or in the possession of the other party, including, but not limited to, stocks, bonds,
insurance, bank accounts, individual retirement accounts, employment benefits including
retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like.
Specifically, Julie will retain her PSECU bank account and Bob will retain his bank accounts at
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PSECU and Members 1 sc Federal Credit Union.
Julie will retain her 401(k) plan with PSECU and Bob will retain his SERS pension. The
parties will equally divide the marital portion of Bob's military pension by Qualified Domestic
Relations Order to be prepared by Julie. To do so, they will apply the coverture fraction
calculated by Conrad Seigel Actuaries. Julie will waive any interest in the survivor benefit plan,
but Bob will retain the parties' children as the plan beneficiaries provided the military will permit
him to do so and provided he can do so for no cost over and above that which he is presently
paying for the survivor benefit plan The parties have already divided their Primerica account
and their American Funds account. Julie will retain the automobile insurance check in the amount
of approximately $8,473.00.
(8) PARENTING ZACH: Bob and Julie acknowledge and agree that their older
children, Shawn and Alyssa, have attained an age where their arrangements for time with both
parents can be made between the parents and children. Nevertheless, the parties commit to
encouraging all three children to maintain a close and loving relationship with both parents. With
regard to Alyssa and Zach, Bob and Julie will share legal custody, each of them having the right to
make major parenting decisions effecting the children's health, education and welfare. Alyssa and
Zach will reside primarily with Julie and Zach will reside with Bob from after work on alternating
Fridays to 8:30 on Sunday evenings. Zach will visit with Bob on the Monday and Wednesday
preceeding Bob's weekends with Zach from after work until 8:30 PM and on Tuesday and
Thursday preceeding Julie's weekend with Zach from after work until 8:30 PM. If Bob keeps Zach
until 8:30 PM on his nights, he agrees to make sure Zach's homework is done and he gets a bath.
Additionally, the parties agree to divide their time with Zach:
(a) With each of them having one uninterrupted week with Zach during the
year, that week to include that party's weekend;
(b) Alternating holidays of New Year's Day, Easter, Memorial Day, Fourth of
5
July and Labor Day from 9:00 AM until 8:30 PM, commencing in 2008 with Bob having the
children on Labor Day, commencing in 2008 with Bob having the children on Labor Day;
(c) Mother's Day with Julie and Father's Day with Bob from 9:00 AM until 8:30
PM;
(d) On the child's birthday with the party who does not have Zach on his
birthday having him the day before or the day after from 9:00 AM until 8:30 PM;
(e) On alternating blocks at Thanksgiving, Block "A" being 9:00 AM until 3:00
PM and Block "B" being 3:00 PM until 9:00 AM. Those blocks will alternate from year to
year with Julie having Block "A" in even numbered years and Bob having Block "A" in odd
numbered years;
(f) Until such time as Zach no longer believes in Santa Claus, Zach will spend
Christmas Eve and Christmas morning with Julie and Christmas at noon until 8:30 on
December 26 with Bob. However, when Zach no longer believes in Santa Claus, the
parties will alternate blocks of time at Christmas, Block "A" extending from Christmas Eve
at noon until Christmas Day at noon and Block "B" extending from noon on Christmas Day
until 9:00 PM on December 26. Bob will have Block "A" in the year in which Zach no
longer believes in Santa. The parties also agree that they will use best efforts to keep all
three children together from Christmas Eve through December 26.
For all periods of parenting time with Bob, Bob will pick Zach up to begin his parenting
time and Julie will pick Zach up at the end of the parenting time. However, as to this parenting
schedule, the parties can make alterations as they agree.
The parties acknowledge and agree that at such time as Bob obtains housing separate
from one he shares presently with his mother, his alternating weekend time with Zach shall be
extended from after work on Thursdays until Monday mornings when he shall deliver the child to
school or daycare, as appropriate.
6
(9) BUDGET ASSISTANCE: Bob will assist Julie with the costs incurred for the
children by continuing to pay her Three Hundred Fifty and 00/100 ($350.00) Dollars every two
weeks until Alyssa attains 18 years of age and graduates from high school. At that time, Bob and
Julie will consult one another to agree to an amount of contribution to Julie's budget for Zach's
benefit. The terms of paragraph 23 of this agreement shall apply in this instance. Bob's obligation
shall be paid directly by him to Julie but in the event that he does not make the payment, Julie
may ask the Office of Domestic Relations of Cumberland County, Pennsylvania to enter an Order
based on this Agreement.
(10) POST SECONDARY EDUCATION: As of the date of this Agreement, the parties'
child, Shawn, is entering his second year at Shippensburg University. Bob has committed to pay
the tuition, room and board for the second year for Shawn's education. Payment may be made by
repaying loans Shawn takes for education costs. For Shawn's third and fourth years of post-
secondary education, Julie will apply for financial aid in the maximum amount.
Julie will apply for financial aid in the maximum amount for four years of post-secondary
education for Alyssa and Zach, Bob will pay the first two years of tuition, room and board for
Alyssa and Zach to the extent that he is able and so long as he is meaningfully consulted with
regard to the schools the children attend and the proposed costs of their education. At his
discretion, Bob may require the child to obtain student loans which Bob will assist the child with
paying
For the third and fourth years of any post-secondary education for any child, Bob and Julie
will assist as they are able and willing.
(11) LIFE INSURANCE: Bob will maintain the present life insurance benefit which he
receives as a state employee for so long as it is available to him and shall designate a trustee for
the children as the beneficiary of such life insurance policy until the youngest attains 22 years of
7
age.
(12) WAIVER OF ALIMONY: The parties acknowledge that each has income and
assets satisfactory to his and her own reasonable needs. Each party waives any claim he or
she may have one against the other for alimony, spousal support or alimony and alimony
pendente lite.
(13) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been
notified of his or her right to consult with counsel of his or her choice, and have been provided a
copy of this agreement with which to consult with counsel. Julie is represented by Timothy J.
Colgan, Esquire and Bob is represented by Carol J. Lindsay, Esquire. Each party acknowledges
and accepts that this agreement is, under the circumstances, fair and equitable, and that it is
being entered into freely and voluntarily after having received such advice and with such
knowledge as each has sought from counsel, and the execution of this agreement is not the result
of any duress or undue influence, and that it is not the result of any improper or illegal agreement
or agreements. Each party shall pay his or her own attorney for all legal services rendered or to
be rendered on his or her behalf.
(14) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
(15) INCOME TAX:
A: The parties have heretofore filed joint Federal and State Tax returns. Both parties
agree that in the event any deficiency in Federal, state or local income tax is proposed, or
assessment of any such tax is made against either of them, each will indemnify and hold harmless
the other from and against any loss or liability for any such tax deficiency or assessment and any
8
interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or
expense shall be equally shared by the parties.
B: The parties have agreed to share in the dependency exemptions for the children.
So long as three children qualify as an exemption, Julie may take the exemption for Shawn and
Alyssa and Bob may take the exemption for Zach. When only the exemptions for two children are
available, the parties will split the exemptions with Julie taking the exemption for Alyssa and Bob
taking the exemption for Zach. When the exemption for Zach is the only one available to the
parties, Julie will take the exemption. However, at the time when, and if, Zach pursues post-
secondary education, fifty percent or more of the cost of which is not covered by scholarships or
loans Zach is required to repay, and which is paid by Bob, Bob may take the exemption for Zach.
The parties will execute any documents provided to one by the other in order to finalize this
sharing of exemptions for the purpose of satisfying the Internal Revenue Service.
(16) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement
shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations
contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a
discharge of any obligations assumed hereunder, the other party shall have the right to declare
this Agreement to be null and void and to terminate this Agreement in which event the division of
the parties' marital assets and all other rights determined by this Agreement including alimony
shall be subject to court determination the same as if this Agreement had never been entered
into.
(17) COMPLETE DISCLOSURE: The parties do hereby warrant, represent,
acknowledge and agree that each is fully and completely informed of, and is familiar with, the
wealth, real and personal property, estate and assets, earnings and income of the other and has
made any inquiry he or she desires into the income or estate of the other and received any such
9
information requested. Each has made a full and complete disclosure to the other of his and her
entire assets, liabilities, income and expenses and any further enumeration or statement thereof in
this Agreement is specifically waived.
(18) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of
them has read and understand his and her rights and responsibilities under this Agreement and
that they have executed this Agreement under no compulsion to do so but as a voluntary act.
(19) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby
releases the other from any and all claims, or demands up to the date of execution hereof. It is
further specifically understood and agreed by and between the parties hereto that each party
accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all
of said party's rights against the other for past, present and future claims on account of support,
maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable
distribution of marital property and any other claims of the party, including all claims which have
been raised or may be raised in an action for divorce.
(20) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in
this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each
hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs,
representatives, assigns and estate, from and with respect to the following:
A. All liability, claims, causes of action, damages, costs, contributions and
expenses or demands whatsoever in law or in equity;
B. All rights, title, interest or claims in or to any property of the other, whether
real, personal or mixed and whether now owned or hereafter acquired;
C. All rights of courtesy and dower and all claims or rights in the nature of
courtesy and dower;
10
D. All widow or widower's rights;
E. All right, title, interest or claim in or to the other's estate, whether now
owned or hereafter acquired, including but not limited to all rights or claims:
(1) to take against the other's will;
(2) under the laws of intestacy;
(3) to a family exemption or similar allowance;
and
(4) all other rights or authority to participate or intervene in a deceased
spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country,
territory, state or political subdivision.
F. All rights or claims to any accounting;
G. All rights, claims, demands, liabilities and obligations arising out of or in
connection with the marital relationship or the joint ownership of property, whether real, personal
or mixed;
H. All rights, claims, demands, liabilities and obligations arising under the
provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time,
and under the provisions of any similar statute enacted by any other country, state, territory or
political subdivision;
1. All rights, claims, demands, liabilities and obligations each party now has, or
may hereafter have, against or with respect to the other.
(21) GOVERNING LAW: This Agreement shall be construed under the law of the
Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or
unenforceable, all other provisions shall continue in full force and effect.
(22) INCORPORATION INTO DECREE: In the event that either of the parties shall
11
recover a final judgment or decree of absolute divorce against the other in a court of competent
jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance
but shall not be merged into such judgment or decree and this Agreement shall survive any such
final judgment or decree of absolute divorce and shall be entirely independent thereof.
(23) DISPUTE REGARDING THE AGREEMENT: In the event that a dispute arises as
to a party's obligation pursuant to the terms of this Agreement, or in the event that issues
regarding the parenting of children or the payment of support arise, the parties agree to commit
themselves to an effort at out of court resolution through mediation or through the collaborative
law process prior to initiating court intervention. However, in the event those efforts should fail and
one party is found to be in breach of the terms of this Agreement, the other party would have the
right, at his or her election, to seek damages for such breach or to seek such other and additional
remedies as may be available to him or her.
(24) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions, representations, or agreements, oral
or written, of any nature whatsoever, other than those herein contained.
(25) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind
the parties hereto, their respective heirs, executors and assigns.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto
set their hands and seals the day and year first written above.
WITNESS:
Date lie puhler
Date Rob J. Sp ler 10
12
COMMONWEALTH OF PENNSYLVANIA
-1 :Ss-
COUNTY OF.
On this, the day of , 2008, before me a Notary Public of the
Commonwealth of Pennsylvania personally appeared Robert J. Spuhler known to me to be the
person whose name is subscribed to the within Agreement and acknowledged that he executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
jl:ftj Notaft Seal
Jeanette L Roberts, Notary Public York "ar Public MY?Boron B, A X2010
Member. Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
:ss.
COUNTY OF D
On this, the I y ` day of LA-t- , 2008, before me, a Notary Public for the
Commonwealth of Pennsylvania, personally appeared Julie Spuhler known to me to be the
person whose name is subscribed to the within Agreement and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
??l ?--" 6D4,
Not Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jetutette L Roberts, Notary Public
D§Wxq Boro, York county
My CMV dssion Expires Aug. 22, 2010
Member, Pennsylvania Association of Notaries
13
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JULIE SPUHLER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-1530 Civil Term
ROBERT J. SPUHLER,
Defendant CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on March 21,
2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
?9 " 240
S °'
Date 456bert J. SpdLlikj
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JULIE SPUHLER,
Plaintiff
V.
ROBERT J. SPUHLER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 07-1530 Civil Term
CIVIL ACTION -DIVORCE
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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
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JULIE SPUHLER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-1530 Civil Term
ROBERT J. SPUHLER,
Defendant CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under 6L3301(c) of the Divorce Code was filed on March 21,
2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 made herein are subject to the penalties of 18 Pa. C.S. 84904 relating to
unsworn falsification to authorities.
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Date (XJe Spuhler
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JULIE SPUHLER,
Plaintiff
V.
ROBERT J. SPUHLER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1530 Civil Term
CIVIL ACTION -DIVORCE
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, lawyerGss
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 made herein are subject to the penalties of 18 Pa. C.S.'L4904 relating to
unsworn falsification to authorities.
Date
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JULIE SPUHLER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 07-1530 Civil Term
ROBERT J. SPUHLER,
Defendant CIVIL ACTION -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:
The Defendant Accepted Service via Certified Mail, Return Receipt Requested,
Restricted Deliverv on March 29, 2007, said Affidavit of Service was filed with
this Honorable Court on April 3, 2007.
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. October 20, 2008 ; By Defendant: September 29,
2008.
(b) (1) Date of execution of the Affidavit required by Section 3301(d) of the
Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit
upon the Respondent: N/A.
4. Related claims pending:
All related claims were settled by a Marital Settlement Agreement dated August
13, 2008, and filed with the Court on September 24, 2008.
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: Being filed simultaneously with this Praeciye; Date
Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: March 13, 2016.
Respectfully Submitted,
COLGAN MARZZACCO, LLC
By
Timothy J. squire
Attorney ID #77944
130 West Church Street
Suite 100
Dillsburg, PA 17019
Tel: (717) 502-5000
Fax: (717) 502-5050
Dated: /0'-21-0 d
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Julie Spuhler
Plaintiff
VS.
Robert J Spuhler
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 07-1530
DOMESTIC RELATIONS ORDER
1. This Domestic Relations Order ("DRO") creates and recognizes the existence 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
thereto. Robert J. Spuhler ("Participant") is a Participant in the Plan. Julie Spuhler ("Alternate
Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO.
5. The Participant's name, mailing address, Social Security number and date of birth are:
Robert J. Spuhler
4 Mayfield Road
Mechanicsburg, PA 17055
Social Security No.: 062-44-5196
Date of Birth: July 23, 1951
6. The Alternate Payee's name, mailing address, Social Security number and date of birth
are:
Date of Birth: April 20, 1965
Julie Spuhler
108 Redwood Drive
Enola, PA 17025
Social Security No.: 566-59-2995
7. The Participant assigns to the Alternate Payee an interest in the Participant's
disposable military retired pay. The Alternate Payee is entitled to a direct payment in the
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 Participant's presence at the proceedings.
DRO
Page 2
9. This Order assigns to Alternate Payee an amount equal to 24.80% of the Participant's
disposable military retired pay under the Plan.
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 same manner as the Alternate Payee's share of the Participant's retirement benefits is
calculated pursuant to this Paragraph 9.
10. Payments to Alternate Payee shall commence as soon as administratively feasible
following the date this Order is approved by the appropriate Military Pay Center.
11. Payments shall continue to Alternate Payee for the remainder of the Participant's
lifetime, irrespective of the future marital status of either Alternate Payee or Participant. If the
Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's
disposable military retired pay shall revert to the Participant.
12. The Participant and Alternate Payee agree that the Alternate Payee shall not be made
a beneficiary of the Survivor Benefit Plan ("SBP") under former spouse coverage. The Participant
and Alternate Payee agree that the Participant shall maintain child only coverage under the SBP
with the parties children maintained as the beneficiaries. The annuity base amount for the SBP
shall remain as previously elected at retirement. The Participant shall make the necessary
election and execute such paperwork as is required, in a timely manner to effectuate child only
coverage under the SBP. If the cost of child only coverage exceeds the cost (as adjusted for future
cost-of-living adjustments) currently being paid for spouse and child coverage, the Participant
shall have sole discretion as to when the Survivor Benefit Plan is terminated.
13. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and
this Order has not been amended, superseded, or set aside by any subsequent order.
14. The Participant and the Alternate Payee acknowledge that they have been married for
a period of more than ten years during which time the Participant performed more than ten years
of creditable military service. The parties were married on October 29, 1988, and separated in
October 2006.
15. The Alternate Payee agrees that any future overpayments to her are recoverable and
subject to involuntary collection from her or her estate.
16. The Alternate Payee agrees to notify DFAS about any changes in the Domestic
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
for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant
to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States
Army may require to certify that the disposable military retired pay can be provided to the
Alternate Payee.
DRO
Page 3
19. The parties acknowledge that the following items must be sent by the Alternate Payee
to DFAS-HGA/CL, Assistant General Counsel for Garnishment Operation, Defense Finance and
Accounting Services Cleveland, P.O. Box 998002, Cleveland, Ohio 44199-8002. The Participant
agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request
and to make all necessary efforts to obtain any of this information that the Alternate Payee is
unable to obtain.
a. A certified copy of the Divorce Decree.
b. A certified copy of this Domestic Relations Order.
A copy of the Marriage Certificate of Mr. and Mrs. Spuhler.
d. An executed copy of Form 2293 entitled "Application for Former Spouse Payments
From Retired Pay."
20. The Court shall retain jurisdiction to enter such further orders as are necessary to
enforce the award to the Alternate Payee of the military retirement benefits awarded herein.
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Accepted and Ordered this \1 day of ?b'AL 1A t.,r , 20.t.
BY THE COURT
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CONSENT TO ORDER:
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APPLICATION FOR FORMER SPOUSE PAYMENTS FROM RETIRED PAY OMB No. 0730-0008
(Please read instructions on back and the Privacy Act Statement before completing this form.) OMB approval expires
Jan 31, 2011
The public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, FOR OFFICIAL USE
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, Send comments
regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Department of
Defense, Washington Headquarters Services, Executive Services Directorate, Information Management Division, 1155 Defense Pentagon, Washington,
DC 20301-1155 (0704-0008). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for
failing to comply with a collection of information if it does not display a currently valid OMB control number.
PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO
THE APPROPRIATE SERVICE ADDRESS LISTED ON BACK.
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC 1408; DoD 7000.14, Vol. 7B. Chapter 29; and EO 9397.
PRINCIPAL PURPOSE(S): To request direct payment through a Uniformed Service designated agent of court ordered child support, alimony, or
division of property to a former spouse from the retired pay of a Uniformed Service member.
ROUTINE USE(S): In addition to those disclosures generally permitted under 5 U.S.C. Section 552a(b) of the Privacy Act, these records or
information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. Section 552a(b)(3) as follows:
Records are provided to the Intemal Revenue Service for normal wage and tax withholding purposes. The "Blanket Routine Uses" published at the
beginning of the DoD compilation of systems of records notices also apply.
DISCLOSURE: Voluntary; however, failure to provide requested information may delay or make impossible processing this direct payment request.
1. APPLICANT IDENTIFICATION 2. SERVICE MEMBER IDENTIFICATION
a. NAME (As appears on court order) (Last, First, Middle Initial) a. NAME (Last, First Middle Initial)
Spv11ftr v{he- SP??hler? Wkr+
b. CURRENT NAME (Last, First, Middle Initial) b. BRANCH OF SERVICE
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c. SOCIAL SECURITY NUMBER i
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d. TELEPHONE NUMBER (Include Area Code) d. TELEPHONE NUMBER (Include Area Code) (If known)
e. EMAIL ADDRESS e. EMAIL ADDRESS (if known)
f. ADDRESS (Street, City, State, ZIP Code) f. ADDRESS (Street, City, State, ZIP Code) (If known)
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3. REQUEST STATEMENT
I request direct payment from the retired pay for one or more of the following categories of the above named Uniformed Service member based
on the enclosed court order. I acknowledge that the payment priority will be (1) division of property; (2) child support; and (3) alimony unless I
designate otherwise in Item 4.e.
I request payment of:
(1) A division of property in the amount of $ or )tf,%bul percent of disposable retired pa
y per month.
(2) Child support in the amount of $ per month.
(3) Alimony, spousal support or maintenance in the amount of $ or percent of disposable retired pay
per month.
I certify that any request for current child and/or spousal support is not being collected under any other wage withholding or gamishment procedure
authorized by statute, Furthermore, I certify that the court order has not been amended, superseded or set aside and is not subject to appeal. As a
condition precedent to payment, I agree to refund all overpayments and that they are otherwise recoverable and subject to involuntary collection from
me or my estate, and I will notify the appropriate agent (as listed on back) if the operative court order, upon which payment is based, is vacated,
modified, or set aside. I also agree to notify the appropriate agent (as listed on back) of a change in eligibility for payments. This includes notice of
my remarriage, if under the terms of the court order or the laws of the jurisdiction where it was issued, remarriage causes the payments to be
reduced or terminated; or notice of a change in eligibility for child support payments by reason of the death, emancipation, adoption, or attainment of
majority of a child whose support is provided through direct payments from retired pay. I hereby acknowledge that any payment to me must be paid
from disposable retired pay as defined by the statute and implementing regulations.
Liu FORM 2293, FE-ti LUUiS PREVIOUS EDITION IS OBSOLETE. Adobe Professional 7.0
4. 1 HAVE ENCLOSED ALL PERTINENT DOCUMENTATION TO INCLUDE: 0(as applicable)
X a. A copy of the operative court order and other accompanying documents that provide for payment of child support, alimony or a
division of retired pay as property, containing a certification dated by the clerk of the court within 90 days preceding the date the
application is received by the designated agent.
I I b. Evidence of the date(s) of my marriage to the member if the application is for the direct payment of a division of the member's I
disposable retired pay as property.
c. If payment request includes child support, give name(s) and birth date(s) of
(1) NAME OF CHILD (Last, First, Middle Initial)
DATE OF BIRTH
d. If applying under Title 10 U.S.C. 1408(h), Dependent Victims of Abuse provision, in addition to 4.a. above, enclose both a copy of the
member's court martial order and the member's statement of service.
e. Other information (please identify) or remarks.
15a. S%GNATURE b. DATE SIGNED (YYYYMMDD) I
INSTRUCTIONS FOR COMPLETION OF DD FORM 2293
GENERAL. Uese instructions govern an application for direct payment from retired pay of a Uniformed Service member in response to court orderer
child support, alimony, or a division of property, under the authority of 10 USC 1408.
SERVICE OF APPLICATION. You may serve the application by mail on the appropriate Uniformed Service designated agent. The Uniformed
Services' designated agents are:
(1) ARMY, NAVY, AIR FORCE, AND MARINE CORPS: Attn: DFAS-HGAlCL, Assistant General Counsel for Garnishment Operations,
P.O. Box 998002, Cleveland, OH 44199-8002. Application may also be served by fax to 877-622-5930 (toll-free) or (216) 522-6960.
(2) COAST GUARD: Commanding Officer (1GL), United States Coast Guard, Personnel Service Center, 444 S.E. Quincy Street, Topeka, KS
66683-3591. Application may also be served by fax to 785-339-3788.
(3) PUBLIC HEALTH SERVICE: Attn: Retired Pay Section, CB, Division of Commissioned Personnel, PUBLIC HEALTH SERVICE, Room 4-50,
5600 Fishers Lane, Rockville, MD 20857-0001.
(4) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: Same as U.S. Coast Guard.
IMPORTANT NOTE: Making a false statement or claim against the United States Government is punishable. The penalty for willfully making a false
claim or false statement is a maximum fine of $10,000 or maximum imprisonment of 5 years or both (18 USC 287 and 1001).
ITEM 1.
a. Enter full name as it appears on the court order. Applicant's
signature required; the form may not be signed by a member or
attorney.
b. Enter current name if different than it appears on court order.
c. Enter Social Security Number.
d. Enter telephone number.
e. Enter email address, if applicable.
f. Enter current address. Failure to apprise DFAS of address changes
may result in the suspension of payments.
ITEM 2.
a. Enter member's full name as it appears on the court order
b. Enter member's branch of service.
c. Enter member's Social Security Number.
d. Enter member's telephone number, if known.
e. Enter member's email address, if known.
f. Enter member's current address, if known.
ITEM 3. Read the Request Statement carefully.
ITEM 4. A certified copy of a court order can be obtained from the court
that issued the court order. Other documents include, but are not
limited to, final divorce decree, property settlement order, and any
appellate court orders. If the court order does not state that the former
spouse was married to the member for ten years or more while the
member performed ten years creditable service and the request is for
payment of a division of property, the applicant must provide evidence
to substantiate the ten years' marriage condition. Additional evidence
must show that the ten years' requirement has been met, including:
Uniformed Service orders, marriage certificate, and other documents
that establish the period of marriage. Other information or documents
included with the request should be clearly identified by the document's
title and date. Remarks may be provided to clarify specific points.
FORM 2293 (BACKI_ FEB 2009
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.10
STATE OF PENNA.
JULIE SPUHLER,
Plaintiff
N O. 2007-1530 CIVIL TERM
VERSUS
ROBERT J. SPUHLER,
Defendant
DECREE IN
DIVORCE
AND NOW, _ N6Nt..r Que IT IS ORDERED AND
DECREED THAT JULIE SPUHLER PLAINTIFF,
ROBERT J. SPUHLER
AND DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The terms and provisions of the Marital Settlement Agreement signed by the
parties and dated August 13, 2008 are hereby incorporated but not merged in the
Decree of Divorce and remain binding upon the parties.
._d BY THE COURT:
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