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HomeMy WebLinkAbout99-01886 ~, ~ '" " , , ii:~' ~"~, ?J','~~";: \ "Il"" ",.-;:,.:' ~"~...., ::":1,;1 '~.".. ,,' ~: .J~<~.l" .~ ..".,J."'. '~!~~!~~~0;}f ~~~~~~~~~---~~-----_.~_._--~~-~ e ~~-~'_.~---""'_.._----,------,."...,-,-,-~_.,_. ~ :8 ~ " / . ~ . ~ ~ ~ ~ $ ~~ ~ i; ~ ~.~ ~ ..' ,..; ~ ~ ~.' ~ " ~ ~.' ~ ~.' ~ ~.' ~ ~ " ~ ~.~ ~ ~ ? ~ ~.~ $ . e e IN THE COURT OF COMMON PLEAS ~ <, OF CUMBERLAND STATE OF * PENNA. COUNTY $' e .:. ., ~ .' VIRGINIA R. SPIRK, Plaintiff i\: (). 99::-1,.11.&,(; GJ'vI.M..J'ERM ~ " ~ VI'I"...;u,.., ., e ,ROBERT M. SPIRK, e Defendant ~ ., ." ~ '.' ~ ... DECREE IN DIVORCE ~ AND NOW, .. . ~. ~ \.'1' .. .I.~.. .. .. .. .. " 19. !I !I. ", it is ordered and decreed that. . . . . .. .. . . . . . Y~~~~~I~. .~:. :>~~~~. . . . . . . . .. ..... plaintiff, and ............... . . . . . . . . . . Rq~?~~ .,,!-,. .~l?~~~ . . . . . . . . . . . . '. 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 0 final order has not yet been entered; None. The Post-Nuptial Agreement dated June 1, 1999 is ........ ...................................... ........... .., ............ '0, .. . .~f!.t:~l;>y. ;i,llcorP'Qrat.e<L but .Oo:t .merged. into.l:.his. D.ecree.. . ... . ... IJ y The Co jr I : /J Au..,; Oa"7~~ ~ >~ ~. ~ " >.I ~ l::i ~ ~- ""';" .~;., -:.:. .:+:. .~:. .'" Prothonotary 8 ~ a ,', ~ .'; ~ ,', ~ ~ f. .' ,', ~ ,', * :; ~ ~ ~ '.' ~; v ~ ~.~ ~' ~ ~ :.; ~ ,', ~ ~ ~.~ ~ ~ ~ '.' ~ ~ ~ ~ .... ~ J. '.' ~ ij ~ --.~---..-......------._...-----~-_.~._-.-~_., . ~, ~----...--....~._~,......~-~__________._.,. ~ .~_~.. _~__~...__._ I ~ .~---~-***~**-*~--*~~- LAW o,...,ccs SNELDAKtR. BRENNEMAN a SPARE . live separate and apart from each other; and WHEREAS, on March 31, 1999 Wife commenced an action in divorce docketed to No, 99-1886 in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter called the "Divorce Action"); and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof: Wife by Keith O. Brenneman, Esquire of Snelbaker, Brenneman & Spare, P. C. and Husband by Gregory R. Reed, Esquire. WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. -2- NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1, INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety, 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble or interfere in any way with the other or with any person for associating with the other. 3. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION, The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement, voluntarily agreed to divide and have physically divided and distributed between themselves all of the parties' personal property, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. All assets and property possessed by each party as a result of this final division and distribution shall be u.w O"ICU SNELBAKER. BRENNEMAN 8: SPARE owned and possessed free of any right or claim of the other, it -3- LAW OFFICeS SNEt..BAKER. BRENNEMAN 8: SPARE being understood that each party may own, possess, use and dispose of freely any property in his or her possession, The parties declare and acknowledge that they are fully aware and familiar with all assets and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable. 4. FORMER MARITAL RESIDENCE AT 1082 RIDGE ROAD. YORK SPRINGS. PENNSYLVANIA. Husband and Wife acknowledge that they have sold the marital residence at 1082 Ridge Road, York Springs, Pennsylvania, that all closing costs, expenses and debts associated with the sale and settlement on said property have been paid and the net proceeds of such sale have been equally divided and distributed between themselves to their mutual satisfaction and agreement. 5. DIVISION OF LIABILITIES. The parties declare and agree that they have divided and allocated between themselves -4- LAW C,.'ICr::. SNELBAKER. BRENNEMAN Be SPARE all debts and liabilities, whether or not incurred by them during the course or their marriage and whether or not same are specifically addressed herein, The partios acknowledge that they are not aware of any debts incurred by either or both or them prior to their separation that have not, as or the execution of this Agreement, been paid in rull, 6. FUTURE OBLIGATIONS, The parties agree that any and all Obligations incurred subsequent to October 13, 1993 shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indomnify and hold harmless the other party of and from any and all liability arising from such future Obligation. 7. COUNSEL FEES, Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the processing of the Divorce Action and the negotiation, execution and consummation of the provisions of this Post-Nuptial Agreement. 8. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for all claims which either may have against -5- ... . -- -".. the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code, 9, DIVORCE. The parties agree to terminate their marriage by mutual consent without counselling and each agrees to execute the necessary affidavits, consents and waivers and all other documents necessary to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. 10. HUSBAND'S RETIREMENT BENEFITS Husband acknowledges that he is an employee of the Federal Government and is eligible to receive certain retirement benefits through the civil Service Retirement system ("CSRS"). The parties agree that Wife is entitled to and shall receive fifty percent (50%) of Husband's gross employee annuity and LAW OFI"ICES SNELDAKER. BRENNEMAN 8: SPARE fifty percent (50%) of Husband's survivor annuity. Husband agrees that in the event he should withdraw or receive a refund of any employee retirement contributions, that Wife shall receive fifty percent (50%) of any or all withdrawals or refunds made and that the Office of Personnel Management shall be -6- LAW o",cn SNELDAICER. BAENNEMAN & SPARE directed by Court Order to pay fifty percent (50'> of any such withdrawals to Wife. Wife acknowledqes and aqreea that in the event she should remarry, that she shall forfeit all rights in and to any further and future CSRS payments or benefits of any nature, All payments to Wife of any benefits from Husband's CSRS benefits shall be paid by OPM directly to Wife. The parties agree that they will cooperate in completing and sUbmitting all necessary documentation to OPM or other governmental offices or agencies necessary to effectuate the intentions and purpose of this Paragraph and this Agreement and to fashion and submit a Court Order to be issued by the Court in the Divorce Action that will be processed and acceptable to OPM to ensure the award and payment to Wife of the benefits described in this Paragraph. The parties agree that they will sUbmit the Order attached to this Agreement and incorporated herein as "Exhibit A" to the Court for approval and issuance, and subsequent submission to OPM. The parties further agree that they will assist and cooperate in obtaining any I amendments to the Order necessary to obtain approval of the : It is. further <IClreed that UOViteJinia 8. Spirkld.i.es before f.lobert M. Spu-K; me United States 'fUC:e ot PersOnne . ~anent J.S i Order by OPM. directed 1;0 pay Virginia R Spirk's share of ~~ M Spirk's ' /1? civthil serv1ce.I'li!tiremenl; beriefits to Robert M. SplIk alter the ~ ~ dea Of Virg:uua R. SplIk. IL5' 11, GENERAL RELEASE, Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of -7- LAW OFFICeS SNELBAKER. BRENNEMAN & SPARE the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-Claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of action or suits at 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 from the obligations and promises made or imposed by reason of this Agreement. 12. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post-Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. The parties further agree that the Court in the -8- Divorce Action shall retain jurisdiction to modify any order it may issue with respect to HUSband's retirement benefits necessary to obtain approval from OPM or comply with OPH requirements, 13. COOPERATION. other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement. 14. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect fully explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. i The parties ! I I i ! I i acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 15. ENTIRE AGREEMENT. This Post-Nuptial Agreement LAW OFFIces 5NEI.BAKER. 8RENNEMA~ 8: SPARE contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other -9- than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties, Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent juriSdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party VOluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 16, WAIVER. The waiver of any term, conditions, 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. LAW OFFices SNEI..BAKER. BRENNEMAN Be SPARE 17. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the -10- , VIRGINIA R, SPIRK, Plaintitf v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT M. SPIRK, Defendant NO, 99-1886 : IN DIVORCE ORDER AND NOW, this day of , 1999, in consideration of the agreement reached by the parties as set forth in the Post-Nuptial Agreement filed of record in this roceeding, specifically Paragraph 10 thereof pertaining to certain retirements benefits of Defendant Robert M, Spirk through he Civil Service Retirement System ("CSRS"), it is hereby RDERED as follows: This Court has considered the requirements and standard erminology provided in part 8J8 of Title 5, Code of Federal egulations. The terminology used in the provisions of this rder that concern benefits under the Civil Service Retirement governed by the standard conventions established in hat part; Division and Award of Employee Annuity. Robert M. Spirk, the Employee, will be eligible for etirement benefits under the CSRS based upon employment with the . LAW OFI"ICES SNE~D^I(ER. BRENNEMI\N Be SPARE nited states Government. Virginia R. Spirk is entitled to fifty ercent (50%) of Robert M. Spirk's gross monthly annuity under he CSRS. The United States Office of Personnel Management is EXIIIBI'l' :. ~ directed to pay Virginia R. Spirk's share directly to Virginia R. Spirki i If Robert M, Spirk becomes eligible and applies for a refund I of employee contributions, Virginia R. Spirk is entitled to fifty: i percent (50%) of the refund of employee contributions, The I I marriage began on June 22, 1957. The United States Office of I , Personnel Management is directed to pay Virginia R, Spirk's share! directiy to Virginia R. Spirki If Virginia R. Spirk dies before Robert M. Spirk, the United States Office of Personnel Management is directed to pay Virginia R. Spirk's share of Robert M. Spirk's civil service retirement benefits to Robert M. Spirk after the death of Virginia R. Spirki II. Division and Award of Survivor Annuity. I..AW OI"I"ICJ:. SNEt..BAICER. BRENNEMAN 8: SPARE Under Section 8341(h) of Title 5, United states Code, Virginia R. Spirk is awarded a former spouse survivor annuity under the CSRS, The amount of the former spouse survivor annuity will be equal to fifty percent (50%) of the Employee's annuitYi If Robert M. Spirk becomes eligible and applies for a refund of employee contributions, Virginia R. Spirk is entitled to fifty' percent (50%) of the refund of employee contributions. The marriage began on June 22, 1957, The United States Office of Personnel Management is directed to pay Virginia R, Spirk's share directly to Virginia R. spirk; All rights of Virginia R. s~irk to the Employee's annuity and survivor annuity hereunder shall terminate in the event -2- Virginia R. Spirk should remarry, BY THE COURT: -)- .' I I I I J. ' i \D ~ .:3 0 N a~ ~., to; X; u"" .~ 0- n~ ~6 ., ex> ;,...,n ,,: I ~"J~ u. ,,- (1) - u:L1J -' l"~ ~ :::> I;:,} ...., a ll. CJ'\ 0 a> VIRGINIA R, SPIRK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, ROBERT M. SPIRK, Defendant NO. 99-1886 IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1, Ground for divorce: irretrievable breakdown under section 3301(c) of the Divorce Code, 2. Date and manner of service of Complaint: on April 6, 1999. (See Acceptance of Service filed herein.) 3. Date of execution of the Affidavit of Consent required by section 3301(c) of the Divorce Code: by the Plaintiff: July 7, 1999; by the Defendant: July 7/ 1999. 4. Related pending claims: None. All claims resolved by Post-Nuptial Agreement dated June 1, 1999. 5. Date of execution of Waiver of Notice in section 3301(C) Divorce: by the Plaintiff: July 7, 1999; by the Defendant: July 7, 1999, SNELBAKER, BRENNEMAN & SPARE, P. C. U.W OFFlctS SNEl.BAKER. BRENNEMAN & SPARE :I.. €&, 9, t't.' Date: 'I... I ~~ By: Attorneys for Plaintiff !~ ;~ )i L f. ~ r- ~ ..:!I I-" N 8~ ~9 6 :c ff~ a.. ~~ 00 co or:' a: I !::iLU 'l:aJ -' ~n. G:f!; :::0 -, a LL. CI'> 0 en VIRGINIA R, SPIRK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i. vs, NO. 99- lS'yt, CIVIL TERM CIVIL ACTION - LAW ROBERT M. SPIRK, Defendant IN DIVORCE NOTICE 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue carlisle, pennsylvania 17013 (717) 249-3166 LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE SNELBAKER, BRENNEMAN & SPARE, p.e. BY~~ Attorneys for Plaintiff LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -- .._.~ 6, Neither party is a member of the armed forces of the United states of America, 7, The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken, 8, The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a decree of divorce, WHEREFORE, Plaintiff Virginia R. spirk prays this Court to enter a decree in divorce divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and the Defendant. SNELBAKER, BRENNEMAN & SPARE, P,C. Date: Mlh'lcA 3f. /'171 By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 Telephone: 717-697-8528 Attorneys for Plaintiff Virginia R. Spirk -2- , ., r .". ~~; ..;.' I _. ,N ~.. I' ,'-"-: .. ~: :' ;- . ~. '. , ..- +t ~ \ 'i .~' ~ <z ' ~ ~ ~ f". \' '1 ...... V) ~ "- ~ ........ " ['<) f' ~ ~ ~~ (~I ; .' LN ~ ~ . _... LL' ~ ~ 1;; " ,':: ~(l' - , '. ~_ -.. 'c' "' '.j >- r- ~ ~ -= " =>,g; ~~ N 0- ::r:: (J~ fF.... Q., ;:>; ~~ CIS:! CO ::<:2 c s- wo_ I ffiai ~lt; :5 IDa.; i!: -, a .15 0> en ~ r- ~ ~ 0 N 8~ ~~ :c: :'( H= ~r~ 0- ~~ "":Sl= ~p, co ~u_ I ffi~ lU -oJ 0:"1" ::> ~ 10' ., l5 en a en ~ r- ~ ..:J u.I~ N :::>~ ~'t) ::c g~ 95 0- ~i 02' co w).. I EfLL.! -' lli~ ~ ~ .., ::;: ~ er- G er- ~ ~ r- ~ .:J 0 Sol 0:;;: , :C L1~ 0.. 9~ 0 ~ '52 wE: I ilia) ffg .-J ~ ~Q.. ~ $ ~ ~ en >- c::: t:: ..." ..... (") cO ;:~.~ ~J.l- Ii?,:; ...,~. :~}:: tJ-, 0..;.: .)~ C o. : ;,.~ 1'- , ,J) I 1:..:: oc'~1 ,...;.. 0: :nCu ~ 0.. ]4- """ l.. CI'> -:> 0 CI'> c,) (f). ":,' ': '.,'.' , ., (;~... ',. '. . n\. r~' .\1 "",,,..-.. .~. ;j 1 .1", fL'., 'r..; : </." 13 directed to pay Virginia R. Spirk's share directly to Virginia R, Spirk; If Robert M. Spirk becomes eligible and applies for a refund of employee contributions, Virginia R, Spirk is entitled to fifty percent (50%) of the refund of employee contributions. The marriage began on June 22, 1957. The United states Office of Personnel Management is directed to pay Virginia R, Spirk's share directly to Virginia R, Spirk; If Virginia R, Spirk dies before Robert M, Spirk, the United states Office of Personnel Management is directed to pay Virginia R, Spirk's share of Robert M. Spirk's civil service retirement benefits to Robert M. Spirk after the death of Virginia R. Spirk; II. Division and Award of Survivor Annuity. Under Section 8341(h) of Title 5, United states Code, Virginia R. Spirk is awarded a former spouse survivor annuity under the CSRS. The amount of the former spouse survivor annuity will be equal to fifty percent (50%) of the Employee's annuity; If Robert M. Spirk becomes eligible and applies for a refund of employee contributions, Virginia R. Spirk is entitled to fifty percent (50%) of the refund of employee contributions. The marriage began on June 22, 1957. The United states Office of Personnel Management is directed to pay Virginia R, spirk's share directly to Virginia R. Spirk; LAW OFFICES SNELBAKER. BRENNEMAN & SPARE All rights of Virginia R. Spirk to the Employee's annuity and survivor annuity hereunder shall terminate in the event -2- LAW OFFICES SNELBAKER. BRENNEMAN a SPARE VIRGINIA R, SPIRK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, ROBERT M. SPIRK, Defendant NO, 99-1886 IN DIVORCE MOTION FOR ORDER RESPECT~G WVIS~O~ OF DEFENDANT'S CIVIL SERVICE RETIR MENN ~~s E EMPLOYEE ANNUITY AND SURVIVOR AN U Y Plaintiff Virginia R. Spirk, by her attorneys, Snelbaker, Brenneman & Spare, P. C., submits this Motion for Order Respecting Division of Defendant's Civil Service Retirement System Employee Annuity and Survivor Annuity as follows: 1. Plaintiff Virginia R. Spirk and Defendant Robert M. Spirk entered into a Post-Nuptial Agreement dated June 1, 1999 (the "Agreement") a true and correct copy of which Agreement is attached hereto and incorporated by reference herein as "Exhibit Alt. 2. On July 14, 1999 this Court issued a Decree in Divorce divorcing Plaintiff and Defendant from the bonds of matrimony, 3. Pursuant to the terms of the parties' Agreement, the parties agreed to a division of Defendant's retirement benefits, which benefits are provided through the Civil Service Retirement system ("CSRS"). (See Agreement, Paragraph 10.) 4. Pursuant to the terms of the parties' Agreement, the parties agreed to the sUbmission of an Order for approval by this Court respecting the division of Defendant's CSRS Employee Annuity and Survivor Annuity, which Order was attached to and incorporated in the parties' Agreement as "Exhibit A". 5, Defendant's counsel, Gregory R. Reed, Esquire consents in this Motion. WHEREFORE, Plaintiff requests this Court to approve the parties' Order respecting the division of the Defendant's Civil Service Retirement System Employee Annuity and Survivor Annuity, Respectfully SUbmitted, SNELBAKER, BRENNEMAN & SPARE, p, c. By: K~_ Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Virginia R. spirk Date: July 22, 1999 POST-NUPTIAL AGREEMENT THIS AGREEMENT is made and entered into this ~; I day of J~-.)e , 1999 by and between: ROBERT M, SPIRK, of 3510 Hawthorne Drive, Camp Hill, Cumberland County, PennsYlvania, party of the first part (hereinafter "Husband") AND VIRGINIA R, SPIRK, of 506 Mill Race Road, Carlisle, Cumberland County, Pennsylvania, party of the second part (hereinafter "Wife") WITNESSE'l'H: WHEREAS, HUsband and Wife (collectively referred to herein as "the parties") were married to each other June 22, 1957 in Chicago, Illinois and separated October 13, 1993; and WHEREAS, the parties last resided with each other at 1082 Ridge Road, York Springs, PennsYlvania; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, the parties have had six children of their marriage, which children are all adults; and LAw 0....'c:C5 SNELDAICER. aREr~NEMAN 8: SPARE WHEREAS, certain differences have arisen between the parties, as a consequence of which they have separated and now EXHIBIT A I I I I I I I f LAW O,'prlCCS SNEI...I3AKt::R. BRENNEMAN 8: SPARE live separate and apart from each other; and WHEREAS, on March 31, 1999 Wife commenced an action in divorce docketed to No, 99-1866 in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter called the "Divorce Action"); and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof: Wife by Keith o. Brenneman, Esquire of Snelbaker, Brenneman & Spare, P. C. and Husband by Gregory R. Reed, Esquire. WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. -2- I, I LAW O"'IC~. SNEl.DAICER. BRENNEMAN Be SPARE NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1, INCORPORATION OF PREAMBL~, The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION, Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble or interfere in any way with the other or with any person for associating with the other. J, DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement, voluntarily agreed to divide and have physically divided and distributed between themselves all of the parties' personal property, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. All assets and property possessed by each party as a result of this final division and distribution shall be owned and possessed free of any right or claim of the other, it -3- .1 !.AW OI"I'ICES SNELBAKER. BRENNEMAN 8: SPARE being understood that each party may own, possess, use and dispose of freely any property in his or her possession, The parties declare and acknowledge that they are fully aware and familiar with all assets and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the COUrse of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable, 4. FORMER MARITAL RESIDENCE AT 1082 RIDGE ROAD. YORK SPRINGS. PENNSYLVANIA. Husband and Wife acknowledge that they have sold the marital residence at 1082 Ridge Road, York Springs, Pennsylvania, that all closing costs, expenses and debts associated with the sale and settlement on said property have been paid and the net proceeds of such sale have been equally divided and distributed between themselves to their mutual satisfaction and agreement. 5. DIVISION OF LIABILITIES. The parties declare and agree that they have divided and allocated between themselves -4- LAw O....ICES SNELBAKER. BRENNEMAN & SPARE all debts and liabilities, whether or not incurred by them during the course of their marriage and whether or not same are specifically addressed herein, The parties acknowledge that they are not aware of any debts incurred by either or both of them prior to their separation that have not, as of the execution of this Agreement, been paid in full. 6, fUTURE OBLIGATIONS. The parties agree that any and all obligations incurred sUbsequent to October 13, 1993 shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such future obligation, 7. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the processing of the Divorce Action and the negotiation, execution and consummation of the provisions of this Post-Nuptial Agreement. 8. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for all claims which either may have against -5- LAw OFFICES SNELDAKER. BRENNEMAN & SPARE the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 9, DIVORCE, The parties agree to terminate their marriage by mutual consent without counselling and each agrees to execute the necessary affidavits, consents and waivers and all other documents necessary to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. 10. HUSBAND'S RETIREMENT BENEFITS Husband acknowledges that he is an employee of the Federal Government and is eligible to receive certain retirement benefits through the civil Service Retirement system ("CSRS"). The parties agree that Wife is entitled to and shall receive fifty percent (50%) of Husband's gross employee annuity and fifty percent (50%) of Husband's survivor annuity. Husband agrees that in the event he should withdraw or receive a refund of any employee retirement contributions, that Wife shall receive fifty percent (50%) of any or all withdrawals or refunds made and that the Office of Personnel Management shall be -6- LAW OI'''ICES SNELBAKER, BRENNEMAN Be S?ARE directed by Court Order to pay rirty percent (50%) or any such withdrawals to Wife. Wife acknowledges and agrees that in the event she should remarry, that she shall rorfeit all rights in and to any further and future CSRS payments or benefits of any nature. All payments to Wife of any benefits from Husband's CSRS benefits shall be paid by OPM directly to wife. The parties agree that they will cooperate in completing and submitting all necessary documentation to OPM or other governmental offices or agencies necessary to effectuate the intentions and purpose of this Paragraph and this Agreement and to fashion and submit a Court Order to be issued by the Court in the Divorce Action that will be processed and acceptable to OPM to ensure the award and payment to wife of the benefits described in this Paragraph, The parties agree that they will submit the Order attached to this Agreement and incorporated herein as "Exhibit A" to the Court for approval and issuance, and subsequent SUbmission to OPM. The parties further agree that they will assist and cooperate in obtaining any amendments to the Order necessary to obtain approval of the : At; ~ir~ ~~ ~€esifo1ffle~t ~~l~~~ ~bert Order by OPM.~ to pay Virginia R, Spirk's share of ~~ M Spirk's . /J? Cl.Vl.I SeJ:VJ.ce rt;!tJIeIlImt benefits to Robert M. Spuk alter the &J ~ death of Virg:inJ.a R. Spirk. Ii5" 11. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of -7- the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of action or suits at 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 from the obligations and promises made or imposed by reason of this Agreement. 12. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post-Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of cOllrt to be entered in the Divorce Action, but this I.Aw OI"P'.CES SNELDAKtR. BRENNEMAN & SPARE Agreement shall not be merged into said order or decree in divorce. The parties further agree that the Court in the -8- LAW OFFiCe. SNEt.BAKER. BRENNEMAN 8: SPARE Divorce Action shall retain jurisdiction to modify any order it may issue with respect to Husband's retirement benefits necessary to obtain approval from OPM or comply with OPM requirements. 13. COOPERATIO~, The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post-Nuptial Agreement. 14. VOLUNTARY EXECUTION. The parties declare and i i provisions of this Post-Nuptial Agreement and their legal effect i I I acknowledge that they have had the opportunity to have the fully explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 15. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other -9- than those expressly set forth herein, The parties acknowledge and agree that the provisions of this Agreement with respect to I I I the distribution and division of marital and separate property I are fair, equitable and satisfactory to them based the length i on I of their marriage and other relevant factors which have been taken into consideration by the parties, Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the pennsylvania Divorce code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 16. WAIVER. The waiver of any term, conditions, 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. LAW OFI"ICCS $NELBAKER. BRENNEMAN Be SPARE 17. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the -10- I. I ! I I ! I I I ; . , Commonwealth of Pennsylvania, 18. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. ~9. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns, WITNESSED BY: HUSBAND: -~ ~ fVI.S~ Robart M. Spirk I (SEAL) WIFE: ~~.(;.Jk1 0_ ~ 7Ip..~ Vir~in~a R. p~rk (SEAL) -11- LAw """'crs SNE!"O^,C:EA. BRt:\lNEMI\N Sr SI'^RE VIRGINIA R. SPIRK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, ROBERT M, SPIRK, Defendant NO. 99-1886 IN DIVORCE ORDEIl AND NOW, this day of , 1999, in consideration of the agreement reached by the parties as set forth in the Post-Nuptial Agreement filed of record in this roceeding, specifically Paragraph 10 thereof pertaining to ertain retirements benefits of Defendant Robert M. Spirk through he Civil Service Retirement System (IlCSRSII), it is hereby This Court has considered the requirements and standard erminology provided in part 838 of Title 5, Code of Federal egulations. The terminology used in the provisions of this rder that concern benefits under the Civil Service Retirement governed by the standard conventions established in Division and Award of Employee AnnUity. Robert M, Spirk, the Employee, will be eligible for etirement benefits under the CSRS based upon employment with the . nited states Government. Virginia R. Spirk is entitled to fifty ercent (50%) of Robert M. Spirk's gross monthly annuity under he CSRS. The United States office of Personnel Management is EXHIBIT :. .( directed to pay Virginia R. Spirk's share directly to Virginia R. Spirk; i If Robert M. Spirk becomes eligible and applies for a refund of employee contributions, Virginia R. Spirk is entitled to fifty. percent (Sot) of the refund of employee contributions. The I marriage began on June 22, 1957. The United States Office of i Personnel Management is directed to pay Virginia R. Spirk's share! directiy to Virginia R. Spirki If Virginia States Office of R. Spirk dies before Robert M. Spirk, the United, Personnel Management is directed to pay Virginia I R. Spirk's share of Robert M. Spirk's civil service retirement u.w l),.~cc. SNELDAICER. BRENNEMAN 8: SPARE benefits to Robert M. Spirk after the death of Virginia R. Spirk; Il:. Division and Award of Survivor Annuity. Under Section 8341(h) of Title 5, United States Code, Virginia R. Spirk is awarded a former Spouse survivor annuity under the CSRS. The amount of the former spouse survivor annuity will be equal to fifty percent (50%) of the Employee's annuitYi If Robert M, Spirk becomes eligible and applies for a refund of employee contributions, Virginia R. Spirk is entitled to fifty percent (50%) of the refund of employee contributions. The marriage began on June 22, 1957. The United states Office of Personnel Management is directed to pay Virginia R. spirk's share directly to Virginia R. Spirk; All rights of Virginia R. S~irk to the Employee's annuity and survivor annuity hereunder shall terminate in the event -2- Virginia R. Spirk should remarry, BY THE COURT: , \ I I ! I I \ I J. LAW a"lctS SNElBAKER. BRENNEMAN &: SPARE -3- ~ 0., r; .~, c.; i:-;~ - , ,', c u, '. t,,;-, ~. ..;.. " ('.'l T'.- '--I r:;/ . I....,., u_:' . u: . ~ i ..., L!... (:'. <.) C\ C) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VTRr.TNTA R ~PlnK, Plaintiff File No. 99-1886 vs. IN DIVORCE : : RnRRD'I' M ~DT1H( w : Defendant : NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the 14t-h day of Tnly , 19--9-9-' hereby elects to resume the prior surname of "1 rgi nia R this written notice pursuant to Walton the provisions of 54 , and gives P.S. S 704. DATE: 7/~:3 / '1"f -;)~ ~~ Signatu e Vi.'\~ R. tU~~ Sign ture'of nam~ being resumed COMMONWEALTH OF PENNSYLVANIA: 55. COUNTY OF CUMBERLAND \t-i) ,( On the ~~ day of , 19~, before me, a Notary Public, personally appeared the bove affiant known to me to be the person whose name is subscribed 0 the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. . ~ VV\, cJ\A,J.,. O~ Notary Public NoIlln8t 8eBI ......... aw.ne.. WIilIl. ~r ~.Cili 7eo.-200 My , Expims SepI. 1 ' 2001 bel. Pennsyll/allla As6ociatiOll 01 Notaries ~ I" .. .1 ~ I ! w.....,. .:. 4> , l(<. '. I / ;- -:-'J u; >- ,::.-: - r~; I.W::" !5 :~J~ " .~ , .. .,',' :~: .J'_, Cjr; :". '1-:-.] 2" : <D :(':; l.:.Jl... <:'.; ~ !;" W:: " -' iC;2 ..1- ::0 ~~) UJ I ..., .:~ a.. IJ_ en -'- Co :;, C,ol <.)