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HomeMy WebLinkAbout07-7382,.,_. SCOTT D. SHIREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. CIVIL TERM CIVIL ACTION -LAW MONICA L. SHIREY, Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the llowing pages, you must take prompt action. You are warned that if you fail to do so, the case ay proceed without you and a decree of divorce or annulment may be entered against you by the ourt. A judgment may also be entered against you for any other claim or relief requested in ese papers by the Plaintiff. You may lose money or property or other rights important to you, custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, )u may request that the court require you and your spouse to attend marriage counseling prior to divorce decree being handed down by the court. A list of marriage counselors is available in & Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised Lat this list is kept as a convenience to you and you are not bound to choose a counselor from the st. All necessary arrangements and the cost of counseling sessions are to be borne by you and )ur spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, iU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SNELBAKER & BRENNEMAN, P.C. B I Y: Attorneys for Plaintiff - SCOTT D. SHIREY, Plaintiff V. MONICA L. SHIREY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Q T- `7 3 ?? - CIVIL TERM CIVIL ACTION -LAW IN DIVORCE COMPLAINT 1. Plaintiff SCOTT D. SHIREY is an adult individual residing at 241 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant MONICA L. SHIREY is an adult individual residing at 241 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on December 21, 1991, in Mount Holly Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 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, SCOTT D. SHIREY requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Scott D. Shirey Date: December 7, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I that false statements herein are made subject to the penalties of 18 Pa. C. S.. 4904 in2 to unsworn falsification to authorities. cog??z Scott Trey : December 7, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 'COTT D. SHIREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA d2.-739?I- v. NO. - CIVIL TERM CIVIL ACTION -LAW v40NICA L. SHIREY, Defendant IN DIVORCE AFFIDAVIT SCOTT D. SHIREY, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the , which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., 4904 relating to unsworn falsification to authorities. Scott D. Shire Plai 'ff : December 7, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. \ -77 - ?? t .+ M1 SCOTT D. SHIREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7382 CIVIL TERM MONICA L. SHIREY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Scott D. Shirey, Plaintiff in the above captioned action in divorce; that on December 10, 2007 he did I send to Defendant Monica L. Shirey by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above I captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7004 1350 0004 1256 3258; that the Complaint and cover letter were duly I received by Defendant Monica L. Shirey, as evidenced by the return receipt card for said I certified mail dated December 17, 2007; that a copy of the aforementioned cover letter dated December 10, 2007 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto I and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and LAW OFFICES SNELBAKER & BRENNEMAN. P.G. correct to the best of his knowledge, information and belief. ihav? Keith O. Brenneman LAW OFFICES SNELBAKER & BRENNEMAN,f.C. Sworn to and subscribed before me this 19th day of December, 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Nodal Seal Susan L MabaA, Notary Pubic MWMdC burg Born, Curn 01and County My ComrrtWon E)q*w Nov. 24, 2011 Member, Pennsvt. enia Assoaiatlon of Notaries -2- RICHARD C. SNELBAKER KEITH O. BRENNEMAN SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW' 44 WEST MAIN STREET MEC 4ANICSBURG, PENNSYLVANIA 17055 717-697-8528 December 10, 2007 Monica L. Shirey 241 North Middlesex Road Carlisle, PA 17013 Re: Shirey v. Shirey No. 2007-2382, Cumberland County Dear Ms. Shirey: P. O. BOX 318 FACSIMILE (717) 697-7681 Enclosed please find a certified copy of a Divorce'Complaint, the original of which was filed on December 7, 2007 with the Prothonotary in Cumberland County. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Scott D. Shirey (w/enclosure) By certified mail, return receipt requested, restricted delivery, parcel No. 7004 1350 0004 1256 3258 EXHIBIT A I& P• ' Ln CERTIFIED MAI L RE CEIPT rLj M ! Domestic Mail Only ; No I , nsurance -'Overage Provide(' .A • L rL ra Postage $ ° ceroned Fee 706 )j O (Endo r:nt RR qutired) ? so ?$, O tr7 m Restricted Delivery Fee (Endoraemard Rquld) s i) r9 Total Postage a Fees $ / 207 C3 [sent TO Monica L. S Trey l ; N ---------------------- ""'''"'• 241 North Middlesex or PO Box Na P'Larlisle, PA 17013 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. a Gompfete Rents 1, 2, and 3. Also complete Nsm 4 ff Restricted Defivefy is desired. • f*t your rtame and address on the reverse so VW we can return the card to you. • Atflsctt this card to the back of the maflpiece, or on the front If space permits. • APtldIs Addressed to: Monica L. Shirey 241 North Middlesex Road Carlisle PA 17013 a Agent J Received by (Prbrfecl Nerve) of C M- /.E'-L?? D. Is d Wtmy address dif m t from item 1? ? yes If YES, amer delivery address below: ? No ::) Servbe lype CertMed Mall 13 Express map rie9istered O Retum Receipt for Merbhrnlas 13 insured Mail O C.O.D. 2 4. Restricted Delivery? (Extra Fee) . Article Number Mw&fer /70m servke /aeeg 7004 1350 0004 1256 3258 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-ts40 EXHIBIT B C m. ...: &- t m r SCOTT D. SHIREY, Plaintiff V. MONICA L. SHIREY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7382 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 kc) of the Divorce Code was filed on December 7, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: 4? R via Scott D. ' ey LAW OFFICES SNELSAKER & BRENNEMAN, P.C. -'j 1._.) ` Zo E5 SCOTT D. SHIREY, Plaintiff V. MONICA L. SHIREY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-7382 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S 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. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Scott D. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. r- ? .,..,.) i s t SCOTT D. SHIREY, Plaintiff V. MONICA L. SHIREY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2007-7382 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S 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. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date. a4?r"`.P 12 X008 -h? Monica L. Sh' LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ? ? t '? h3 C:J? "Ti v c?:7 _ z ;..?? i ?. it ?:. ; ?_:_ - """`° S'C'E -? =t C?^ .? ?„ -. ir- '?: SCOTT D. SHIREY, Plaintiff V. MONICA L. SHIREY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7382 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce Linder Section 3301(c) of the Divorce Code was tiled on December 7, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: qVi .12, Monica L. Shirey LAW OFFICES SNELBAKER & BRENNEMAN, F.C. N ? C? -s'I ?" V cam ? 7,' ;'?` =1. -r- ? ' ti -..! -;? - ,-? ?' ? .,_? t?3 r? ? ? ?. POST-NUPTIAL AGREEMENT THIS AGREEMENT, made this r7day of dezc?v,., Z , 2007, by and between: SCOTT D. SHIREY, of Middlesex Township, Cumberland County, Pennsylvania, party of the first part, hereinafter "Husband" AND MONICA L. SHIREY, of Middlesex Township, Cumberland, Pennsylvania, party of the second part, hereinafter "Wife" WITNES SETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on December 21, 1991 in Mount Holly Springs, Pennsylvania; and WHEREAS, the parties last resided with each other at 241 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania. WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they have decided to live separate and apart from each other; 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 and have obtained such counsel and advice or have voluntarily and knowingly chosen not to do so; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. 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 nor interfere in any way with the other or with any person for associating with the other. 3. PERSONAL PROPERTY. The parties declare and agree that they have, prior to the execution of the Post-Nuptial Agreement (the "Agreement"), voluntarily agreed to divide and will distribute between themselves all of the parties' personal property, furniture and fumishings which they acquired either before or during their marriage, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. Each party agrees that each shall have and possess, free of all claim and interest of the other, all items of personal property, furniture and furnishings agreed to be distributed to him or her pursuant to their agreement. 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 2 that the voluntary division by them of all property, whether marital or not, is fair and equitable and that either party may sell, dispose of, encumber or transfer any property in his or her possession free of any claim or interest of the other. 4. REAL PROPERTY. A. Property at 241 North Middlesex Road, Carlisle. The parties acknowledge that they acquired during their marriage title to approximately 37 acres of land improved with two residential structures; namely, 241 North Middlesex Road, which has been the parties' primary residence, and 243 North Middlesex Road, a leased residential structure (the foregoing land and two structures on the land, being identified under one real estate tax parcel number, are collectively referred to herein as the "North Middlesex Road Property"). The parties acknowledge that the North Middlesex Road Property is subject to a home equity loan from M&T Bank which as of January 1, 2008, will have a principal balance of approximately $11,000 and a line of credit loan from M&T Bank is and will be in excess of $130,000 (the two loans being referred to herein as the "North Middlesex Road Property Loans"). The parties acknowledge and agree that they will execute concurrently with the signing of this Agreement a special warranty deed conveying all right, title and interest in the North Middlesex Road Property solely to Husband. Husband agrees that he shall on or before January 14, 2008, refinance the North Middlesex Road Property Loans in his own name for purposes of releasing Wife from any obligations under those loans and accompanying notes, and pay Wife from the proceeds of the refinancing the sum of $225,000, less one-half of the balance of the M&T Bank home equity loan paid off at the settlement on Husband's refinancing. Husband agrees any loan or mortgage payments, utilities, taxes, insurance and all other expenses, associated with the ownership, use and maintenance of the North Middlesex Road Property now or in the future, shall be the sole responsibility of Husband and that Husband shall indemnify and hold Wife harmless of and from any such payments, costs and expenses, including any attorney's fees incurred by Wife due to Husband's failure to pay for the foregoing. The parties agree that Husband now and in the future shall receive and solely be entitled to receive any rent from the lease of the residence at 243 North Middlesex Road. B. Property at 1135 Harrisburg Pike, Carlisle. The parties acknowledge that Husband is the sole owner of property improved with a structure used for commercial purposes located at 1135 Harrisburg Pike, Carlisle, Pennsylvania. The parties acknowledge that the property is not subject to any loan or mortgage. Wife agrees by executing this Agreement she hereby forever waives, releases, transfers and conveys to Husband any and all right, title claim and interest in and to the property at 1135 Harrisburg Pike, Carlisle. Husband agrees any loan or mortgage payments, utilities, taxes, insurance and all other expenses, associated with the ownership, use and maintenance of the 1135 Harrisburg Pike property now or in the future, shall be the sole responsibility of Husband and that Husband shall indemnify and hold Wife harmless of and from any such payments, costs and expenses, including any attorney's fees incurred by Wife due to Husband's failure to pay for the foregoing. 4 C. Cabin in Clinton County, Pennsylvania. The parties acknowledge that they own, together with another couple, property in Bitumen, Clinton County, Pennsylvania, improved with a residential cabin. The parties agree that they will each continue to own their respective part or portion in this property, which upon their divorce, will be transposed into a tenancy in common, with each owning an equal undivided fractional interest therein. 5. AUTOMOBILE, BOAT AND TRAILERS. The parties acknowledge that Wife is the sole title owner of a BMW automobile which is not subject to any lien or financing obligation. Wife shall retain sole and exclusive ownership, possession and use of the BMW. The parties agree Husband is the sole title owner of a boat, boat trailer and utility trailer, which items are not subject to any lien or financing obligation. The parties agree Husband shall retain sole and exclusive ownership, possession and use of the boat and trailers. 6. BANK ACCOUNTS. The parties acknowledge that all bank accounts, except as noted directly below, whether or not jointly held by the parties during their marriage, have been divided by mutual agreement to their satisfaction. The parties agree to maintain the joint M&T Bank checking and savings accounts for purposes of depositing and maintaining funds for the support of their children as noted in Paragraph 11, below. 7. MONEY MARKET ACCOUNTS AND MUTUAL FUNDS. The parties acknowledge that they have the following money market and mutual fund accounts which are jointly titled in their names, which accounts shall be handled or maintained as specified below: a. The two money market accounts, one handled through LPL and the other through 5 M&T Bank, will be closed prior to January 1, 2008 and the funds in those accounts divided between the parties as they shall mutually agree. b. The mutual fund account with Goldman Sachs through LPL shall be maintained by the parties for the use of their children's college education. 8. STOCK IN MUFFIN ENTERPRISES, INC. The parties acknowledge that Husband owns 72 shares and wife owns 28 shares of all of the issued shares of stock of Muffin Enterprises, Inc., a Pennsylvania Subchapter S corporation (the "corporation"). Wife agrees that she shall, concurrently with her execution of this Agreement, transfer and convey into Husband's name all 28 shares of her stock by endorsing all of her share certificates over to Husband. The shares of stock endorsed by Wife shall be delivered to Richard Connell, Esquire, to be held in escrow until payment in full by Husband of the funds set forth below, at which time, said shares shall be delivered to Husband and the escrow of such shares terminated. Husband agrees to pay Wife the total sum of $28,000 as consideration for the shares of stock transferred to him. Husband shall pay the foregoing amount, without interest, in such increments or amounts that Husband shall solely decide; however, Husband shall pay Wife no less than $3,500 each year from the date of this Agreement until the $28,000 is paid in full. Wife shall, upon receipt of payment in full, confirm receipt of such payment in writing to Richard Connell, Esquire, who shall then release such shares to Husband. The parties agree that upon Wife endorsing all shares of stock as described above, Wife shall have no voting rights in the corporation. In addition, upon execution of this Agreement by Wife, Wife does thereby resign all corporation offices and resigns as a director of the 6 corporation. Until such time as the shares transferred by Wife are released from the escrow described above, the shares shall not be voted by any person or entity and the number of same shall not be considered among the outstanding and issued shares of stock for any corporate voting purposes. Thereafter, such shares shall have such status and voting rights as the corporation shall provide. 9. RETIREMENT AND EMPLOYEE BENEFITS. The parties acknowledge that Wife has a vested benefit through PSERS as a public school teacher and that she maintains a 403B retirement account through MetLife. The parties further acknowledge that Husband has a SARSEP account consisting of an IRA as well as a Roth IRA. Husband waives and releases any and all claims he may have against Wife's PSERS retirement account and 403B retirement account. Husband agrees to transfer to Wife $12,000 from Husband's SARSEP account to an IRA or other qualified account to be established by Wife by way of a qualified domestic relations order ("QDRO"). Except for the foregoing transfer, Wife waives and releases any and all claims she may have against Husband's SARSEP account and Roth IRA account. Wife agrees to continue to provide medical insurance coverage through her employer for benefit of Husband until the parties' divorce. Wife further agrees to continue to provide medical insurance coverage through her employer for the benefit of the parties' children now and after the parties' divorce. 10. INSURANCE. Husband is the owner of a Prudential whole life insurance policy. Wife waives and releases and any all right, title or interest she may have with respect to that policy or any benefits therefrom. 11. CUSTODY AND CHILD SUPPORT. 7 The parties agree that they shall have shared legal custody of their two children; namely, Calvin M. Shirey, born December 11, 1997 and Cooper S. Shirey, born November 5, 1998. The parties further agree that they shall have equal (50/50) shared physical custody of their two sons. With respect to child support, the parties agree to share in the financial support of their sons as follows: Husand shall deposit the sum of $200.00 each bi-weekly pay period and Wife shall deposit the sum of $150.00 each bi-weekly pay period into the parties' joint M&T Bank checking account. The parties' joint M&T Bank savings account shall be maintained for purposes of overdraft protection and for additional discretionary deposits of funds for their sons' benefit as each party, at his or her own option, deems appropriate. The parties agree that the amounts deposited in the above accounts shall only be used for the following purposes: a. clothes and shoes for their children; b. summer camp costs and related expenses of their children; C. their children's day care costs and expenses; d. any expenses of the children's extra-curricular activities and clubs, whether or not associated with school; and e. any other cost and expense as the parties shall mutually agree. 12. MARITAL DEBTS AND FUTURE OBLIGATIONS. The parties acknowledge and agree that other than the North Middlesex Road Property Loans, they have not incurred any joint debt or joint obligations during their marriage. The parties further acknowledge and agree that any and all debt and obligations incurred by either of them individually at any time prior to the date hereof and subsequent to the date of this Agreement shall be the sole and separate liability and responsibility of the party incurring the debt or obligation and each party agrees that he/she will not incur or attempt to incur any debt 8 or obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all claims, liability and attorney's fees arising from such future obligation and any other debts and obligations incurred prior to the parties' separation or divorce for which such party is obligated under the terms of this Post-Nuptial Agreement. 13. 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 initiation and processing of the Divorce Action and the negotiation, execution and consummation of the provisions of this Post-Nuptial Agreement. 14. 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 claims which either may have against 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, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 15. DIVORCE. The parties agree that Husband shall file a divorce complaint requesting a no-fault divorce at his expense, in the Court of Common Pleas of Cumberland County (the "Divorce Action"). The parties agree to terminate their marriage by mutual consent and each agrees to execute and deliver immediately after 90 days of the service of the Divorce Complaint, the necessary affidavits, waivers and consents in the Divorce Action. 16. TAX IMPLICATIONS AND MATTERS. The parties agree that they shall file joint income tax returns for 2007 and that Husband for 2008 and thereafter shall solely use and benefit from any mortgage interest as a deduction on his returns. The parties agree that any tax 9 refund issued as a result of filing jointly for 2007 shall be divided equally between the parties and that any tax liability owed for 2007 shall be paid solely by Husband. The parties agree that in the event it is determined that there is any future tax liability of the parties, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. The parties hereto agree to retain all tax returns pertaining to the years of their marriage for a period of five (5) years after the date of this Agreement. The parties agree that each year Wife shall take their son, Cooper, as a dependent deduction for income tax purposes and Husband shall take Calvin as a dependent deduction each year. 17. 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 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 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. 18. 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 10 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. 19. COOPERATION. 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. 20. BREACH, INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 21. 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 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 and that it is not the result of any duress or undue influence. The parties acknowledge that they have 11 been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 22. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other 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. 23. WAIVEP/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 24. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 25. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement 12 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. 26. 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: gAa? (SEAL) Scott D. Shirey Date: ? 2-oio7 (SEAL) Monica L. Shirey Date: %a f(p16? 13 ?? .- ?^., ,.z , ?? ± ?i i?_, V _, ?? f, ... w . - .. , f ? r „7 .?? ?,,? SCOTT D. SHIREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7382 CIVIL TERM ?A L. SHIREY, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry 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: December 17, 2007 on Defendant by ified mail, restricted delivery (see Acceptance of Service filed December 19, 2007). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: March 19, 2008; by the Defendant: April 12, 2008. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: March 19, 2008; by the Defendant: April 12, 2008. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. C. (Date: April 17, 2008 By: Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ?.?-` ? ?:.? ; ?> _ . -n ? -,-? - ?? ? ?.a .?: w? :: ; :..? air: _ _ S'?J n _ '? C..J =r ?_?,? : IN THE COURT OF COMMON PLEAS SCOTT D. SHIREY OF CUMBERLAND COUNTY p STATE OF PENNA. N O. 2007-7382 CIVIL Plaintiff VERSUS MONICA L. SHIREY, Defendant DECREE IN DIVORCE .otfp - m . AND NOW, tip. IT IS ORDERED AND DECREED THAT AND MONICA L. SHIREY ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. The parties' Post-Nuptial Agreement dated December 7 2007 is incorporated but not merged into this Dec_tee., PROTHONOTARY SCOTT D. SHIREY -W?7 SCOTT D. SHIREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7382 CIVIL TERM MONICA L. SHIREY, : Defendant CIVIL ACTION - LAW IN DIVORCE MOTION TO APPROVE QUALIFIED DOMESTIC RELATIONS ORDER Plaintiff Scott D. Shirey, by his attorneys, Snelbaker & Brenneman, P. C., submits this Motion to approve Qualified Domestic Relations Order as follows: 1. The parties hereto were formerly husband and wife and were divorced by final Decree In Divorce entered by this Court in the above-captioned action on April 22, 2008. 2. The parties' Post-Nuptial Agreement (the "Agreement") dated December 7, 2007 provided, inter alia, for the division of Plaintiffs interest in a SEP IRA account (the "account") and a transfer of an interest in that account to a qualified account to be established by Defendant. 3. The parties require a Qualified Domestic Relations Order to implement properly the terms of their Agreement with respect to the division of Plaintiffs interest in the account and the transfer of the interest to Defendant. 4. The parties agree to the submission of the Qualified Domestic Relations Order which is attached to this Motion for purposes of a division of Plaintiffs account in accordance with the parties' Agreement. 5. Defendant Monica L. Shirey is not represented by counsel in this action but consents LAW OFFICES SNELBAKER & BRENNEMAN, P.C. to the submission of this Motion for the purposes of issuing the Qualified Domestic Relations N Order attached hereto. 6. The Honorable Edward E. Guido issued the Decree In Divorce in this action on April 22, 2008. WHEREFORE, Plaintiff requests this Court to issue the Qualified Domestic Relations Order attached to this Motion. SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Scott D. Shirey Date: January 29, 2010 LAW OFFICES I SNELBAKER 8C -2- BRENNEMAN, F.C. VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. d? Keith O. Brenneman Date: tT4, "1q al Z f,, 2 000 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Monica L. Shirey 28 Skyline Drive Mechanicsburg, PA 17050 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 f,AvN41 Z Attorneys for Plaintiff Scott D. Shirey Date: . 1 ?. 2a? o LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 3 FEB 01 2010 6 ,SCOTT D. SHIREY, Plaintiff V. L. SHIREY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7382 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of , 2010, based upon the Post- Nuptial Agreement between the parties dated the December 7, 2007, we hereby find as follows: A. The parties hereto were formerly husband and wife and were divorced by a final In Divorce entered by this Court in the above-captioned action on April 22, 2008. B. Among the marital assets owned by the parties was the Plaintiffs interest in a SEP IRA account, account No. 6037-6692, of which account LINSCO/Private Ledger and/or LPL Financial is the custodian (hereinafter the "Plan" or "SEP IRA Plan Account") C. The Plaintiff, Scott D. Shirey, was, during the parties' marriage, a participant in said Plan and accrued certain rights and benefits in the Plan. Plaintiff Scott D. Shirey is hereinafter referred to as the "Participant". D. The parties' Post-Nuptial Agreement (the "Agreement") dated December 7, 2007, provided, inter alia, for a division of Plaintiff s account in the Plan (said account being referred to in the Agreement as the "SARSEP account") and a transfer of an interest therein to a qualified account established by Defendant. E. Pursuant to the Agreement, Defendant Monica L. Shirey is to be an Alternate Payee LAW OFFICES SNELBAKER & BRENNEMAN, P.C. of a portion of Participant's account in the Plan. 1 F. The parties require a Qualified Domestic Relations Order to implement properly the terms of the Agreement with respect to the division of Plaintiffs interest in the Plan. G. The Plan Custodian is LINSCO/Private Ledger, which by merger or other reorganization is now or will become LPL Financial (the "Custodian"). H. The pertinent information relevant to the Participant is: Name: Scott D. Shirey Current Address: 241 North Middlesex Road, Carlisle, PA 17013 Social Security No.: (To be inserted) Date of Birth: November 21, 1968 1. The pertinent information relevant to the Alternate Payee is: Name: Monica L. Shirey Current Address: 28 Skyline Drive, Mechanicsburg PA 17050 Social Security No.: (To be inserted) Date of Birth: April 12, 1968 NOW THEREFORE, based upon the above findings, the parties' Agreement and the Domestic Relations Law of the Commonwealth of Pennsylvania and to implement the terms and provisions of the Agreement, it is hereby ORDERED, DECREED and DIRECTED as follows: 1. As soon as administratively possible after the date of this Order, the Custodian shall LAW OFFICES SNELBAKER & BRENNEMAN, P.C. transfer from within Participant's SEP IRA Plan account the sum of $12,000.00 by way of one lump sum distribution to Alternate Payee, said sum to be without interest or earnings and with said sum to be free of any outstanding loans with such loan or loans, if any, to be or remain attached to Participant's Plan benefits. Said sum will initially be deposited into an account with LPL Financial solely in Alternate Payee's name designated under account No.5736-2767, at which time said sum may be transferred by Alternate Payee into any qualified account. The sum identified above transferred into a qualified account in Alternate Payee's name and shall be the sole and separate property of Alternate Payee, free of any claim by Participant 2 and the sums remaining in Participant's SEP IRA Plan account upon the transfer shall be and remain the sole and separate property of Participant, free of any claim by Alternate Payee. 2. Upon the death of the Alternate Payee prior to the receipt of distribution to the Alternate Payee, such benefits shall be distributed to the Alternate Payee's beneficiary on record or, if none, to the estate of the Alternate Payee. In the event of the death of the Participant after qualification, but prior to the receipt of a distribution to the Alternate Payee, the Alternate Payee shall be entitled to the benefits assigned hereunder. 3. The Participant shall cause a copy of this Order to be served on the Custodian. This Order shall remain in effect until a further order of this Court. Nothing contained in this Order shall be construed to require the Plan or Custodian: (a) To provide to the Alternate Payee any type or form of benefit not otherwise available to the Participant under the Plan; (b) To provide to the Alternate Payee increased benefits not available to the Participant; or (c) To pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order determined by the Custodian to be a QDRO before this Order is determined by the Custodian to be a QDRO. 4. This Order is intended to be a Qualified Domestic Relations Order under the Internal Revenue Code and the regulations promulgated pursuant thereto and shall be treated as such. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 5. This Court shall retain jurisdiction of this matter for purposes of amending, modifying J. LAW OFFICES SNELBAKER & BRENNEMAN,f.C. or enforcing this Order or any subsequent amendment thereto. Co fFS rYldtL 4 0 m a SCOTT D. SHIREY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7382 CIVIL TERM MONICA L. SHIREY, Defendant CIVIL ACTION -LAW IN DIVORCE MOTION TO APPROVE QUALIFIED DOMESTIC RELATIONS ORDER Plaintiff Scott D. Shirey, by his attorneys, Snelbaker & Brenneman, P. C., submits this Motion to approve Qualified Domestic Relations Order as follows: 1. The parties hereto were formerly husband and wife and were divorced by final Decree In Divorce entered by this Court in the above-captioned action on April 22, 2008. 2. The parties' Post-Nuptial Agreement (the "Agreement") dated December 7, 2007 provided, inter alia, for the division of Plaintiff s interest in a SEP IRA account (the "account") and a transfer of an interest in that account to a qualified account to be established by Defendant. 3. The parties require a Qualified Domestic Relations Order to implement properly the terms of their Agreement with respect to the division of Plaintiffs interest in the account and the transfer of the interest to Defendant. 4. The parties agree to the submission of the Qualified Domestic Relations Order which is attached to this Motion for purposes of a division of Plaintiffs account in accordance with the parties' Agreement. 5. Defendant Monica L. Shirey is not represented by counsel in this action but consents LAW OFFICES SNELBAKER & BRENNEMAN, P.C. to the submission of this Motion for the purposes of issuing the Qualified Domestic Relations Order attached hereto. `F; UAm t. F75 t`rt 6. The Honorable Edward E. Guido issued the Decree In Divorce in this action on April 22, 2008. WHEREFORE, Plaintiff requests this Court to issue the Qualified Domestic Relations Order attached to this Motion. SNELBAKER & BRENNEMAN, P. C. By: Date: January 29, 2010 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Scott D. Shirey LAW OFFICES I -2- SNELBAKER a BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. VIA--1--, Keith O. Brenneman Date: t 1q'Vu'*ftJ y f, '2 o/0 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Monica L. Shirey 28 Skyline Drive Mechanicsburg, PA 17050 Date: 9*vve4l 7 `7i 20/0 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Plaintiff Scott D. Shirey LAW OFFICES SNELBAKER & BRENNEMAN, P.C.