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HomeMy WebLinkAbout07-2765G Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108 (717) 232-6600 Attorney For Plaintiff REBECCA PFAUTZ QUINN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. Q'1' cZ,% ' t BRIAN PATRICK QUINN, ?? Defendant CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim of relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 or (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County complies with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least seventy-two (72) hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108 (717) 232-6600 Attorney For Plaintiff REBECCA PFAUTZ QUINN, Plaintiff V. BRIAN PATRICK QUINN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 ^ ?7+ CIVIL ACTION - LAW : IN DIVORCE CL OLL`-T COMPLAINT DIVORCE UNDER SECTION 3301 (C) OR 3301(D) OF THE DIVORCE CODE AND NOW COMES Plaintiff, Rebecca Pfautz Quinn, by her Attorney, Jay R. Braderman, Esquire, and respectfully represents as follows: 1. Plaintiff is Rebecca Pfautz Quinn, an adult individual who resides at 725 Florence Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 2. Defendant is Brian Patrick Quinn, an adult individual who resides at 4225 Roth Lane, Apt. 27, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 8, 1995 in Marysville, PA. 5. There was one child born of the marriage: Elijah Quinn, born August 14, 1995, age 11. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. B. Section 3301(d): The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about April 17, 2007. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNTI REQUEST FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal during their marriage. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint and Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties and the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. WHEREFORE, the Plaintiff requests this Honorable Court: a. Enter a decree of divorce dissolving the marriage between Plaintiff and Defendant; and b. Equitably distribute all property, both personal and real, owned by the parties. Respectfully Date: 712ocust ad& an, Esquire I.D. No.: 07047 Street 11489 g, , PA 17108 (717) 232-6600 Attorney For Plaintiff 3 I VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: ?J -a1?o7 REBECCA P PAU QUINN I verify that I have reviewed this form with my client and to the best of my knowledge the allegations herein are true and correct. VB de an, Esq uire ey No.: 07047 ocu Street ox 11489 Harrisburg, PA 17108 (717) 232-6600 Attorney For Plaintiff Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108 (717) 232-6600 Attorney For Plaintiff REBECCA PFAUTZ QUINN, Plaintiff V. BRIAN PATRICK QUINN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT REBECCA PFAUTZ QUINN, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unswom falsification to authorities. REBECCA P A 'Z QUINN Ilk w a ^n 1^_ N --.d Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff REBECCA PFAUTZ QUINN, Plaintiff V. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2765 Civil Term BRIAN PATRICK QUINN, Defendant CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT IN DIVORCE TO THE PROTHONOTARY: Kindly reinstate the attached Divorce Complaint. Respectfully submitted, Date: l q ?44? L erm n, Esquire Jay f,y Atto. N .: 07047 Street P.O489 ar PA 17108-1489 H (717) 232-6600 ?A. 70 N mob V ` yyhnV? Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff REBECCA PFAUTZ QUINN, Plaintiff V. BRIAN PATRICK QUINN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2765 Civil Term CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 4, 2007. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date:_ i l- D? - o ff f ?? 1? a REBECCA PFA T UINN SSN: C7 ° C:7 `T3l'#J C7 cp rn h p o } Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff REBECCA PFAUTZ QUINN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN PATRICK QUINN, NO. 07-2765 Civil Term Defendant CIVIL ACTION -LAW IN DIVORCE SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I understand 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: ) I - - o P6. PFAUT a UINN SSN: i R%-Vo-g%.-?. r-? d 7 1 , -t N Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff REBECCA PFAUTZ QUINN, Plaintiff V. BRIAN PATRICK QUINN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2765 Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter hereby elects to resume the prior surname of PFAUTZ, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: 19--3-o? Rebecca Pfautl Quid Rebecca I. Pfautz COMMONWEAtTH OF PEN SYLVANIA ) COUNTY OF 1 nl Q,a d ) On the 3 of ?jxe/, 2007, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL STEPHANIE NEBL, Notary Public Camp HiN- 80ro, Cumberland C My Commission Expires Jan. 25, 201 o ary P blic rL}t'i' MIA \ Y • ? =wry ? 5• 6 0 7 - A-7 W 5 1 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this _JITY-day of 1 ' 'qR)-, 2008, by and between Brian Patrick Quinn, hereinafter called "Husband," and Rebecca I. Pfautz (formerly known as Rebecca Quinn), hereinafter called "Wife." WITNESSETH: WHEREAS, Husband and Wife were legally married on April 8,1995; and WHEREAS, one (1) child was born of this marriage; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. The parties agree that they have been living separate and apart at least since August 1, 2006. 2. INTERFERENCES Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 3. DIVORCE DECREE The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree. Wife has filed a Complaint for a no-fault Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania at No. 07-2765. After ninety (90) days have elapsed from service of the Divorce Complaint on Husband, the parties shall execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice. Wife's attorney will then file all the remaining documents necessary to secure the entry of the Divorce Decree. Husband personally accepted service of Complaint on July 6, 2007. 4. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER The terms of this Agreement shall be incorporated into any Divorce Decree that may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 2 S. DATES The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. The transfer of property, funds and/or documents provided herein shall take place on the "distribution date" that shall be defined as the date of execution of this Agreement unless otherwise specified herein. 6. FINANCIAL DISCLOSURE Each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debt, their separate estates and their respective incomes. The parties confirm that each has relied on the substantial accuracy of that financial disclosure as an inducement to the execution of this Agreement. The parties hereby waive any further disclosure of the parties' marital assets and debt, their separate estates and their respective incomes, except for such disclosure that may be necessary as a result of a breach of this Agreement. The parties acknowledge that prior to their marriage they executed a Pre-nuptial Agreement. The parties intend that the provisions of that Agreement not inconsistent with the within Agreement, shall remain in full force and effect. 7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) To obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) To have all such property valued by means of appraisals or otherwise; (3) To compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and, (4) To have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgement, both parties hereby waive the foregoing procedural rights. 8. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 9. MUTUAL RELEASES Except as otherwise expressly provided in the Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge 4 the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Prgperty or Estate: Any and all right, title, interest and/ or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such party or the property of the other party or any part thereof, whether arising our of any former acts, contracts, engagements or liabilities of such other. B. Lifetime Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country. C. Marital Riahts: Any rights that either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or that may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or that may arise under this Agreement or for the breach of any provisions thereof. 10. EFFECTS OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 11. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/ or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 3502 (e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement. C. Attorney's Fees and Costs: The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in enforcing right and obligations under this Agreement. D. Other Remedies: Any other remedies provided for in law or in equity. E. Considerations for Reasonable Attorney's Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. F. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 12. INCOME TAX MATTERS With respect to income tax matter regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from an against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B. Current Returns: Absent a future mutual agreement, the parties shall file joint tax returns for the 2007 tax year and individual tax returns for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. D. No Tax on Property Division: Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue that is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. 13. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/ or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 15. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and to their respective heirs, executors, administrators, successors and assigns. 9 16. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 17. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 18. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after-acquired property of the other party pursuant to the terms of this Paragraph. 10 19. INHERITANCE Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 20. DIVISION OF REAL PROPERTY A. The parties had previously owned the marital home located at 725 Florence Circle, Mechanicsburg, Pennsylvania 17050. The home is encumbered by a mortgage. Wife has conveyed the home to Husband. Husband agrees to be solely responsible for payment of the mortgage, taxes, utilities and all expenses of the home and agrees to indemnify and hold Wife harmless from payment of any debt and expenses relating to this real estate. Husband has refinanced the existing mortgage so as to remove Wife's name from the obligation of the mortgage. The parties estimate the value of the marital home to be $237,000.00, with about $10,000.00 worth of needed deferred maintenance. The mortgage balance is approximately $138,000.00. Wife agrees to pay for and satisfy a "line of credit" balance of approximately $6,000.00, constituting a lien on the marital home. B. The parties jointly own a two-unit rental property located at 218 N. Market Street, Duncannon, Perry County, Pennsylvania 17020, which is currently listed for sale. Wife will deed the property to Husband and Husband will 11 refinance the existing mortgage within forty-five (45) days of the date of this Agreement so as to remove Wife's name from the obligation of the mortgage. C. The parties previously jointly owned a rental property located at 41 Eisenhower Boulevard, Duncannon, Perry County, Pennsylvania 17020, which has now been sold with Husband receiving the settlement proceeds of $69,702.01. Husband agrees to solely be responsible for and will hold Wife harmless for payment of all taxes resulting from the sale of this rental property, including the payment of capital gains taxes, if any. 21. DIVISION OF PERSONAL PROPERTY The parties will divide their personal property as they may agree. Husband agrees to pay Wife $3,500.00 (for two televisions) within six (6) months of execution of this Agreement. 22. PENSIONS Each party shall retain as their sole and separate property any pension benefits in their own name including, but not limited to, IRAs, 401(k) plans, 403(b) plans, or other pension benefits, including disability benefits. 23. MOTOR VEHICLES The 2002 Toyota Truck, now jointly titled, shall be the sole property of Husband. The Harley-Davidson motorcycle, now jointly titled, shall be the sole property of Husband. Husband shall be solely responsible for any and all payments due on the motorcycle and shall indemnify and hold Wife harmless from payment of the debt due thereon. The 2006 Honda Odyssey, now jointly titled, shall be the sole property of Husband. Husband shall be solely 12 responsible for any and all payment due on the Honda Odyssey and shall indemnify and hold Wife harmless from payment of the debt due thereon. Husband will pay off the Honda Odyssey within thirty (30) days of the date of this Agreement and Wife will sign any and all documents so as to transfer title to Husband. 24. CREDIT CARDS The parties represent there is no jointly held credit card debt and each party will be solely responsible for any credit card debt in their individual names. 25. LIFE INSURANCE Each party shall retain any life insurance policies in their names individually including any cash value related thereto and each party shall have the right to name beneficiaries of life insurance proceeds. 26. CUSTODY The parties are the parents of one (1) minor child: Elijah Quinn, born August 14, 1995. a) The parties shall share legal custody of their child. The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. 13 With regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. b) Each party agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Each party shall refrain from making derogatory comments about the other in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child. c) The parties shall share physical custody of their minor child as follows: i) The minor child will reside with Husband in Pennsylvania except for the times he is with Wife in California. ii) The minor child will reside with Wife in California when the child is off from school for the Easter, Christmas and Thanksgiving holidays, and for four weeks during the summer months. iii) Should Wife return periodically to Pennsylvania to visit, the minor child shall reside with Wife during those times. During the school term, 14 Wife will transport the child to and from school. Appropriate notice shall be given to Husband of Wife's impending visits. iv) Wife will pay all airfare costs for the minor child's transportation between Pennsylvania and California. v) Should either party desire to relocate more than fifty (50) miles from their present Pennsylvania and California residences respectively, at least sixty (60) days' written notice must be given to the other party so that modified custody arrangements may be negotiated and if unable to come to an agreement, either party may petition the Court to decide a new custody arrangement. d) Husband shall be solely responsible for maintaining medical, dental and vision insurance for the child through his post-high school education to an age as allowed by Husband's plan or plans. 27. ALIMONY AND SUPPORT The parties acknowledge and agree that no alimony, alimony pendente lite or spousal support is due or should be paid by one party to the other; and each irrevocably waives entitlement, right and/ or claim both now and if the future thereto. Neither party intends to file a claim for child support, recognizing however that entitlement to and the amount of child support is never final. Nevertheless, Wife agrees to pay to Husband $600.00 a month toward support of the minor child. 28. ADDITIONAL INSTRUMENT 15 Each of the parties shall on demand execute and deliver to the other any documents necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 29. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 30. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 31. WAIVERS OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, 16 statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 32. REPRESENTATION The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Jay R. Braderman, Esquire. Husband chooses not to be represented by counsel but is of full age and sui juris. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of the Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 33. TAX PROVISIONS The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent 17 with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have in the past filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 34. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 35. GOVERNING LAW This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 36. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 37. VOID CLAUSES 18 If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 38. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF PENNSYLVANIA Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code or other laws of the Commonwealth of Pennsylvania including, but not limited to, spousal support, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. 1 r Brian Quinn Rebecca I. Pf utz 19 WITNESS: COMMONWEALTH OF PENNSYLVANIA W?YIq\ : ss. COUNTY OF On this, the fly day of ??C,, , 2008, before me, a Notary Public, personally appeared Brian Patrick Quinn, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. t--75= Notary Public NOTARIAL SEAL SETH IMSCHWEILER Notary Public [My ARRISBURG CITY DAUPHIN COUNTY Commission Expires Oct 11, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss. On this, the 11 day of W7'? , 2008, before me, a Notary Public, personally appeared Rebecca I. Pfautz, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL SEAL SETH IMSCHWEILER Notary Public HARRISBURG CITY, DAUPHIN COUNTY My Commission Expires Oct 11, 2010 -t ?edu? ?ttp?gYl ? ? .=ri Y1YtUG? V1?N"itilACi :?#?r7fiUA?litSiAlt '? ' ? {) { ?? t ! 3 ?? ?,ER1igX? t16}s+:r".ii'flf'fKt? VM s ,,: 77 y ?_l?i?1ty"h93?M?? t?l3ff ^iicts.z9 ?°st?4CsY1 10. Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff REBECCA PFAUTZ QUINN, Plaintiff V. BRIAN PATRICK QUINN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2765 Civil Term CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ACCEPTANCE OF SERVICE OF REINSTATED COMPLAINT IN DIVORCE I, Brian Patrick Quinn, Defendant in the above-captioned Complaint in Divorce, hereby accept service of the Reinstated Complaint in Divorce via personal service in the law offices of Jay R. Braderman, Esquire, 126 Locust Street, Harrisburg, Pennsylvania 17101. Date: 1- C9 o:2 t 13-MAN PAT QUINN C 'i Ml .. t- rn ^ Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff REBECCA PFAUTZ QUINN, Plaintiff V. BRIAN PATRICK QUINN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2765 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 4, 2007. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Dater G 1 BRIAN PATRICK QUIN ?._ 4 rep c+? DO Fil c Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff REBECCA PFAUTZ QUINN, Plaintiff V. BRIAN PATRICK QUINN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2765 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I understand 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: 04 17 26ae BRIAN PATRICK QUIN c i.a T\) r Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Tel: (717) 232-6600 Fax: (717) 238-3816 E-mail: jraderman@thewiselawyer.com Attorney for Plaintiff REBECCA PFAUTZ QUINN, Plaintiff V. BRIAN PATRICK QUINN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2765 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Grounds for divorce: Irretrievable breakdown under Section 3301(c) or Section 3301 (d) of the Divorce Code. 2. Date and manner of service of the original Complaint: Service of the original Complaint in Divorce was attempted on May 11, 2007, May 18, 2007 and May 26, 2007, via U.S. Mail, Certified, Return Receipt Requested, Restricted Delivery, #7006 0810 0002 6332 0930. Defendant did not accept delivery of original Complaint in Divorce. Complaint in Divorce was reinstated by the Prothonotary of Cumberland County on June 20, 2007. The original of Defendant's Acceptance of Service of Reinstated Complaint in Divorce, dated July 6, 2007, is attached herewith. . 3. Date of execution of the Affidavit required by Section 3301(c) of the Divorce Code: November 28, 2007, by Plaintiff. By Defendant: March 17, 2008. Plaintiffs Affidavit was filed with the Prothonotary on December 26, 2007. Defendant's Affidavit was filed with the Prothonotary contemporaneously with this Praecipe. 4. There are no related claims pending. 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under Sections 3301(c) or 3301(d)(1)(i) of the Divorce Code: Plaintiffs Waiver was executed on November 28, 2007. Defendant's Waiver was executed on March 17, 2008. Plaintiffs Waiver was filed with the Prothonotary on December 26, 2007. Defendant's Waiver was filed with the Prothonotary contemporaneously with this Praecipe. submitted, Date:/?hj 2,6 r rman, Esquire tt r y . No. 07047 P O: Bo 11489 6 Locdst Street arrisburg, PA 17108-1489 Tel: (717) 232-6600 Attorney for Plaintiff ?-_- -. r?'? ? {. ?„ ,? ..i r? T.. . ?=? ri ? r? ..14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. REMCCA PFAUTZ QUINN'' Al °PLAINTIFF VERSUS BRIAN PATRICK QUINN DEFENDANT No. 07-2765 DECREE IN DIVORCE .,M • C, AND NOW, ` IT IS ORDERED AND REBECCA PFAUTZ QUINN DECREED THAT AND BRIAN PATRICK QUINN ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, I 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 THIS PROPERLY SETTLEMENT AMEMENT IS INCORPORATED WITH BUT NOT MERGED INTO THIS DECREE IN DIVORCE. BY ATTEST: J PROTHONOTARY ? ??? ,? k'?. ?. T e,