The URL can be used to link to this page

Home My WebLink About03-4464 WAYNE A. QUACKENBUSH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW : NO. 2003 - 4L11.2IVIL SUNNY LISA-MARIE QUACKENBUSH, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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. [F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 717-249-3166 WAYNE A. QUACKENBUSH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 2003 - Ll4't:1vIL SUNNY LISA-MARIE QUACKENBUSH, Defendant IN DIVORCE COMPLAINT Plaintiff, Wayne A. Quackenbush, by his attorneys, Broujos & Gilroy, P.c., sets forth the following: 1 Plaintiff, Wayne A. Quackenbush, is an adult individual residing at 137 Kline Road, Shippensburg, Pennsylvania. 2 Defendant, Sunny Lisa-Marie Quackenbush, is an adult individual residing at 204 Crains Gap Road, Carlisle, Cumberland County, Pennsylvania. 3 The parties were married on May 26,1997, in Shippensburg, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement ofthis action. 5 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. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 . In accordance with Section 330](c) ofthe Divorce Code, the marriage between the parties is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. BROUJOS & GILROY, P.c. By H ert X. Gilroy, Esquire Attorney for Plaintiff Broujos & Gilroy, P.c. 4 North Hanover Street Carlisle, PA ]7013 7] 7 - 243-4574 I verity that the statements in the foregoing pleading 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. IR-Q~ WAYNE A. QUACKENBUSH 7-) (J ~ fY 'fC -. It. tt ~ ~ . IV .0 Of/'? _ 6" o - 1r'r-f! ~ (') (-. ~::_~ i . ~i'; \.- -,,\ I Ii ") g WAYNE A. QUACKENBUSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-4464 CIVIL SUNNY LISA-MARIE QUACKENBUSH, Defendant CIVIL ACTION - LAW ACTION IN DIVORCE ACCEPTANCE OF SERVICE I, Howard B. Krug, Esquire, hereby accept service of the Complaint in Divorce on behalf of my client, Sunny Lisa-Marie Quackenbush, Defendant in the above-captioned action, and acknowledge that I am authorized to do so. DATE: J-J7~ 03 " '. 0 Co 0 ~:~ (,00 - n ,- (~ -[1 [.- -'"1 ni , J -~ " ~:: (,;) (~ ~~ . "-:-., ~ - ~.-) _":l r \.) WAYNE A. QUACKENBUSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V8. NO. 2003-4464 CIVIL SUNNY LISA-MARIE QUACKENBUSH, Defendant CIVIL ACTION - LAW ACTION IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Howard B. Krug, Esquire on behalf of Sunny Lisa-Marie Quackenbush, Defendant in the above- captioned matter. Ho E e P & ALLER 1719 North Front ~treet Harrisburg, PA 17102-2392 I. D. No. 16B26 (717) 234-4178 Date: ~- 17- 03 CERTIFICATE OF SERVICE I, ANGELA S. EATON, an employee for the law firm of Purcell, Krug & Haller, counsel for Defendant, hereby certifies that service of the Praecipe to Enter Appearance on behalf of Defendant was made on the following via First Class Regular Mail on September 17, 2003: Hubert X. Gilroy, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff J11~1~el~ ~ , ~) C) 0 c: \~'''' I U) , ,) ( -'1 rn '0 ~ < C.: cr) r~: 'Ii ::.-- ~' -".,; ~":J -, I ", -< WAYNE A. QUACKENBUSH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v : NO. 2003 - 4464 CIVIL ACTION - LAW : PACSES NO. 174105753 SUNNY L. QUACKENBUSH, Defendant ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the attached petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before on at for a conference, aner which the conference officer may recommend that an order for Alimony Pendente Lite be lmtered. You are further ordered to bring to the conference: (1) A true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) Your pay stubs for the preceding six (6) months (3) The Income and Expense Statement attached to this order, completed as required by Rule 1910.11(c) ( 4) Verification of child care expenses (5) Proof of medical coverage which you may have., or may have available to you If you fail to appear for the conference or bring the required documents, the court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, PJ Date of Order: Conferencf' Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 717-249-3166 WAYNE A. QUACKENBUSH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 2003 - 4464 CIVIL ACTION - LAW : PACSES NO. 174105753 SUNNY L. QUACKENBUSH, Defendant PETITION FOR ALIMONY PENDENTE LITE Plaintiff, Wayne A. Quackenbush, by his attorney, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff lacks sufficient property to provide for his reasonable needs and is unable to support himself throughout the divorce proceedings. 2 Plaintiff requests that the Court award him alimony pendente lite. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony pendente lite during the pendency of the divorce proceedings. Respectfully submitted, Hubert X. roy, Esquire Attorney r Plaintiff Broujos Gilroy, P.c. 4 Nor Hanover Street Carlisle, PA 1701 (717) 243-4574 Supreme Court In No. 29943 -$ ~ --- ~ o f~~ l:)f]" lTI[';- ~- % UJ -< ~t ~:.i -, ~ . ,:.,) C) '"" ,! ,-:-) "J ..f , -n , C) <i.) ....;.,.. " "rl ,;('j 5rn .:.::":', ";,. :"''"J -< ~,,) ::> 10 WAYNE A. QUACKENBUSH, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS.: I I CIVIL ACTION - DIVORCE SUNNY L. QUACKJj:NBUSH, Def~ndantlRespondent , NO. 2003-4464 CIVIL TERM IN DIVORCE Pacses# 627105881 ORDER OF COURT AND NOW, his 27'h day of October, 2003, upon consideration of the attached Petition for Alimony Pendente Lit and/or counsel fees, it is hereby directed that th" parties and their respective counsel appear before R.J Sh da on No.ember 19.2003 at 9:00A.M. for a conference, at 13 N, Hanover St, Carlisle, PA 17013, a ter which the conference officer may recommend that an Order for Alimony Pendente Lite be enter d, YOU are furt er ordered to bring to the conference: (I) a true co y of your most recent Federal Income Tax Retum, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Inco e and Expense Statement attached to this order, completed as required by Rule 1910.11 (4) verificati n of child care expenses (5) proof of edical coverage which you may have, or may have available to you IF you fail to ppear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 10-27-03 to: Petitioner < Respondent Hubert Gilroy, Esquire Howard Krug, Esquire ~ lw / L /,Jil., , jI, " R. J, S adday, Conference Officer "'iT \) Date of Order: Octobe 27 2003 YOU HAVE THE RI HT TO A LAWYER, WHO MAY ATTEND rHE CONFERENCE AND REPRESENT YOU. F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T E OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717)249.3166 CC361 ~ 0 ~ w C) ---I I !"') +~:r.; -f , i- I'.,) "'-rm :I)~ -..J D ~ i.!-; -- :!l 18 ~.Itl (>~ w " ;,~"'; ~ ~ ;:.\ ;;-j, NI ""'" -< WAYNE A. QUACKENBUSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-4464-CIVIL SUNNY LISA-MARIE QUACKENBUSH, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 10, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: 12'31~03 ~~NBUSH' Plaintiff (") ~ .."'.. -otn rnn'1 ~~~~ ~- ,-:;. ~~ ~-, ~~ft~_ ~ -, ...., "'" = ..... ~ " W "'" ~ o -n ~:n -n c:~' -J'J l' ~I\ "; :t: -8 qo .'"-rrI () ..-~l ~j --<: - - (.n \D WAYNE A. QUACKENBUSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-4464-CIVIL SUNNY LISA-MARIE QUACKENBUSH, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. s4904 relating to unsworn falsification to authorities. Date: (z- 3r. 03 o c: <~ -..,Cp qJ[{', zf~ fft~- '~~~ -' -< ...., = = ....., c;:I rrt n w ~ :i!:JJ rn .-- :g'" ()6 ::;:J-n I--r... be) :"'~.I"i: ") ~.~ :;0, ~c -0 ~ iSi o CJ WAYNE A. QUACKENBUSH, Plainti ff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-4464 CIVIL SUNNY LISA-MARIE QUACKENBUSH, Defendant CIVIL ACTION - LAW ACTION IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Howard B. Krug, Esquire on behalf of Sunny Lisa-Marie Quackenbush, Defendant in the above- captioned matter. B. e LL, KRUG & ALLER 1719 North Front Street Harrisburg, PA 17102-2392 1. D. No. 16826 (717) 234-4178 Date: ~-17- 03 CERTIFICATE OF SERVICE I, ANGELA S. EATON, an employee for the law firm of Purcell, Krug & Haller, counsel for Defendant, hereby certifies that service of the Praecipe to Enter Appearance on behalf of Defendant was made on the following via First Class Regular Mail on September 17, 2003: Hubert X. Gilroy, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff a{~eA ~ (') ;:r;fli c?; (~: ~ ... .' ~ k- ;;,::; , -'J ~ 'i! nl::rJ r- -O~ :',,1::':/ C)T :::.,.,0 _r-q <:5:).J ::>~C) 6iTj -..., :5) -< 'l) ~': <;:> <:::> (,n WAYNE A. QUACKENBUSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-4464 CIVIL SUNNY LISA-MARIE QUACKENBUSH, Defendant CIVIL ACTION - LAW ACTION IN DIVORCE ACCEPTANCE OF SERVICE I, Howard B. Krug, Esquire, hereby accept service of the Complaint in Divorce on behalf of my client, Sunny Lisa-Marie Quackenbush, Defendant in the above-captioned action, and acknowledge that I am authorized to do so. DATE: j- 17 ~ 03 o F -~r G-:,,,' [~ -:D'c 3;:2::" .-~ -::1 -( S> <:::> r.r; ~ "--, -<:- .k- .;;:: , '-l Si? =;:I Fi1::n ~~ Y::TI c5 J:J ;,;?(") (}I'n c-I ~~ " ~ -0 ::t: In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION WAYNE A. QUACKENBUSH ) Docket Number 03-4464 CIVIL Plaintiff ) vs. ) PACSES Case Number 627105881 SUNNY L. QUACKENBUSH ) Defendant ) Other State ID Number Order AND NOW to wit, this JANUARY 14, 2004 it is hereby Ordered that: THAT THE ABOVE CAPTIONED COMPLAINT FOR ALIMONY PENDENTE LITE IS DISMISSED PURSUANT TO THE PARTIES' SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF DECEMBER 31, 2003. DRO: RJ Shadday xc: plaintiff defendant Howard Krug. Esquire Hubert Gilroy. Esquire BY THE COURT: J. Edward E. Guido JUDGE ~r-" -:--. -""";; r-' Li ...J.. / '/':L_c/I_ Service Type M Form OE-520 Worker ID 21005 ._~~ r I'::;.l: z ~:~ ~ ',- ::;:~~ - ::';;';c> J>~..;. :j o ~; "" = C"":> _C-" <- ~:: ..... ()l o -0 ,-{ :1:....,..., fn~ -OCT, ~:'-~f) ~E ~;~ -0 ::4: '" c,,, :~-: " SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 3J5/- day of wmbtll ' 2003, by and between SUNNY LISA-MARIE QUACKENBUSH, hereinafter referred to as Wife, and WAYNE A. QUACKENBUSH, hereinafter referred to as Husband. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 26, 1997; and WHEREAS, no children were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they separated on August 16, 2003 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will equitably divide and distribute their marital property and provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, each party is aware and there has been to the complete satisfaction of each party a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania, including the right to formal and complete discovery; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by h~s attorney, Hubert x. Gilroy, Esquire and Wife by her attorney, Howard B. Krug, Esquire, have come to the agreement, which follows: , ' ~ -. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact 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 the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Wife's Debts. Wife represents and warrants to Husband that since the 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 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. 2 , incurred said debt shall be responsible for the payment thereof, regardless of the name in which the debt may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. 6. Equitable Distribution of Marital Property. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the 2nd marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 4 .~ The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. a. Distribution of Personal Propertv. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, except as set forth in Exhibit A attached hereto, which items shall be distributed in accordance with Exhibit A, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto and as set forth in Exhibit A. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other, or which property will be distributed in accordance with Exhibit A attached hereto. Should it become necessary, the parties 5 each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as a passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 6 b. Distribution of Mobile Home. Concurrently with the execution of this Agreement, Husband shall transfer to Wife all of his interest in and title to their jointly owned mobile home presently located at 204 Cranes Gap Road, Carlisle, Pennsylvania in exchange for which Wife shall be solely responsible for the mobile home loan from Member's First. Wife shall attempt to secure a release of Husband from the Member's First mobile home loan. However, if that cannot be accomplished, Wife shall refinance the loan within three (3) years. Wife shall pay and discharge all obligations associated with the mobile home, and shall indemnify Husband from any loss by reason of her default in the payment thereof, and shall save Husband harmless from any future liability with regard thereto, including the cost of defense and actual counsel fees incurred to defend against an action brought against him by virtue of her default. c. Distribution of Real Estate. The parties agree that the 2.82 acres of land located in Mount Holly, Pennsylvania shall be sold. The property is currently listed for sale with Jack Gaughen Realtors for a selling price of $49,900. The price may be adjusted downward at the recommendation of Jack Gaughen Realtor. It shall remain listed for sale continuously until sold. All proceeds from the sale of the land shall be divided equally between the parties. The proceeds shall be defined as the gross sale amount less the mortgage payoff, real estate broker's commission, taxes and other standard, incidental costs of closing. 7 Until the property is sold, the parties shall be equally responsible for the timely payment of all taxes due and the expense of any maintenance that may be required. d. Miscellaneous Property Issues Wife shall reimburse Husband for the docket fee he paid to commence the instant action in divorce. Wife shall also reimburse Husband for one-half of the ten (10%) percent penalty charged to him for his early withdrawal of approximately $2,500 from his IFe retirement account in calendar year 2003 and prior to the signing of this agreement. Wife affirmatively represents that she has no bank accounts except for the current Orrstown Bank and Members First accounts, and that she has not had any other bank accounts over the past six months. 7. Vehicles. Notwithstanding Paragraph 6 of this Agreement, Husband shall retain possession and ownership of the Ford F150 pick-up truck, the Honda Shadow motorcycle and the Harley Davidson motorcycle presently in his possession. Wife hereby transfers all of her right, title and interest in said vehicles to Husband. In consideration thereof, Husband shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicles, and to indemnify, defend and hold Wife harmless for the same. Wife shall be removed as a debtor within three (3) years. Wife shall sign any title or other 8 , . documents necessary to transfer ownership of said vehicles at any time, upon demand, and further shall indemnify Husband for any costs, including actual counsel fees, incurred by Husband to enforce this provision. Notwithstanding Paragraph 6 of this Agreement, Wife shall retain possession and ownership of the Ford Mustang, presently in her possession. Husband hereby transfers all of his right, title and interest in said vehicle to Wife. In consideration thereof, Wife shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Husband harmless for the same. Husband shall be removed as a debtor within three (3) years. Husband shall sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand, and further shall indemnify Wife for any costs, including actual counsel fees, incurred by Wife to enforce this provision. 8. Retirement Assets. The parties represent and warrant that they had no retirement assets at the time of separation. Wife further represents that she has no assets in a 401(k) account, retirement account or any other employment/profit sharing account with her employer, 9. Alimonv. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of property are fair, adequate and satisfactory to them, and are 9 . . . . accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for alimony. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek from the other any payment for alimony, except as set forth herein. Each party shall indemnify, defend and hold the other harmless against any future action for alimony, including modification or extension of same, brought by or on behalf of the other and the results of such action, such indemnity to include the actual counsel fees of the defendant in any such future action. 10. Alimony Pendente Lite. Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for spousal support, alimony pendente lite (~APLH), counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall be responsible for his or her own counsel fees. Each party agrees to indemnify, defend and save the other harmless from any action commenced against the other for spousal support, alimony 10 ~ , . . pendente lite, counsel fees and/or expenses. Husband shall immediately withdraw his action for spousal support/APL. 11. Income Tax Returns. a. 2003 Income Tax Return. For the 2003 tax year, Wife shall be entitled to claim all interest paid on the Member's First land and mobile home loans. In exchange, Wife will pay Husband twenty-five percent of the Federal Income Tax refund she receives, if any. The parties shall file separate tax returns for the 2003 calendar year. b. Prior Tax Returns. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party guilty of fraud or intentional misrepresentation shall indemnify and save the other party harmless from such tax liability, penalties, interest, counsel fees, accountant's fees, costs and expenses. Absent such fraud or intentional misrepresentation, the parties shall be equally responsible for and shall pay all such taxes, penalties, interest and expenses. c. Tax Documents. Within thirty days of the date of executing this agreement, Husband shall return to Wife the 2000, 2001 and 2002 federal, state and local income tax returns, with all attachments and supporting documentation. 11 12. Divorce. A Complaint in Divorce has been filed to No. 2003-4464 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall at the time of execution of this Agreement sign an Affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code, and a Waiver of Notice. The Plaintiff shall file all necessary documents to secure a Final Decree in Divorce immediately after the date of this Agreement. In the event, for whatever reason, either party fails or refuses to proceed with the divorce or revokes his Affidavit of Consent, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute another Affidavit of Consent form or proceed with the divorce. Absent breach of this Agreement by the proceeding party, there shall be no defense to such an action. 13. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. All spousal support, APL, and other such obligations shall immediately terminate. The parties shall 12 .' > '-, " those expressly set forth herein. Husband and Wife 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 Section 3502(d) of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish 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 right to seek court relief for the purpose of enforcing the provisions of this Agreement. 23. Modification and Waiver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 17 - (-, r_) L':'" ~, :~-.,. , c~ -'1'1 ~"":'.: .../__ f':l:I} hl .:.....J CJ C) :;1 ':)_.,; " , WAYNE A. QUACKENBUSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-4464 CIVIL SUNNY LISA-MARIE QUACKENBUSH, Defendant CIVIL ACTION - 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. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: September 17. 2003 by Acceptance of Service by Howard B. Kruq, Esquire, attorney for Defendant. 3. (Complete either paragraphs (a) or (b). (a) Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: By Plaintiff: December 31, 2003 and By Defendant: December 17, 2003. (b) (1) Date of execution of the Affidavit required by ~3301(d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: N/A. 4. parties' shall be Decree. Related claims pending: Separation and Property incorporated, but shall Pursuant to Paraqraph 19 of the Settlement Aqreement, the Aqreement not merqe in the final Divorce 5. (Complete either (a)_or (b).) (a) Date and manner of service of the notice of intention to file a praecipe to Transmit Record, a copy of which is attached:_N/A (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: December 31, 2003; Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: January 6. 2003. By'/ Lg; ard B. Krug, Esquir~ 19 N. Front Street Harrisburg, PA 17102 (717) 234-4178 ID No. 16826 Date: January 12, 2004 ,'i"}J (".r C'G c' f j\'~lr' :;,:~!jZ . Of.;tO,., :f. ~;f.:f.:f.:f. :f.:f. :f.:f.~~:f.:f. :f.:f.:f. :f.:f. :Ii :f.:f.:f.:f.:f.:f.:f. :f.:f. iIi:f.'" Cf.:f. :Ii :f.:+: ;+::f.;+::f.;+:"'if.~ :+: :Ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . , PEN NA. . . . . . STATE OF WAYNE A. QUACKENBUSH, . . 2003-4464 CIVIL No. Plaintiff . VERSUS . . . . . SUNNY LISA-MARIE QUACKENBUSH, Defendant . . . . DECREE IN DIVORCE . , , , . c::::r /: 3 r;p. At . 2004 , IT [S ORDERED AND . . . AND NOW, J~ ))- DECREED THAT WAYNE A. QUACKENBUSH , PLAINTIFF, . AND SUNNY LISA-MARIE QUACKENBUSH , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . THE COURT RETAINS JUR[SDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH[S ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . , The attached Separation & Property Settlement Agreement dated December 31, 2003, shall be incorporated into, but shall this final Decree in Divorce pursuant to Paragraph 19 0 . , PROTHONOTARY . . . . , . , , , , . , . . . . . , , , . , . . . . . . . , , , . , . . . , . . , . . . . . . . , . . . . . . . , . . . J, . , , , . , . . . , . , , ... 4'.~ pl!- ~w ~;;; ~(/ r( / .4'~ ftv ~ YP'r ~?-,p? /l!?'[~./ , ! ' .~, \.. .' '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY P. PEGULA, Plaintiff , Civil Division No. 04-4464 v. SCOTT C. MOORE and ALLlCIA M. MOORE MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES Filed on behalf of the Defendants Defendants. Counsel of Record for this Party Kevin D. Rauch, Esquire I.D.#83058 Joshua G. Ferguson, Esquire I.D.#93188 Summers, McDonnell, Hudock, Guthrie & Skeel Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13079 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY P. PEGULA, Plaintiff, CIVIL DIVISION v. NO, 04-44134 SCOTT C. MOORE and ALLlCIA M. MOORE, (Jury Trial Demanded) Defendants. MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES AND NOW, come the Defendants, Scott C. Moore and Allicia M. Moore, by and through their attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L,L.P., and Kevin D. Rauch, Esquire, and Joshua G. Ferguson, I::squire, and file the following Motion to Compel Discovery Answers and Responses and in support thereof avers the following: 1. On October 5, 2004, Defendants served Plaintiff with Interrogatories and Request for Production of Documents relative to the above-referenced matter. (A true and correct copy of correspondence between the partlies dated October 5, 2004, is attached hereto as Exhibit "A".) 2. In accordance with Pennsylvania Rule of Civil Procedure 4009, Plaintiff's Responses to Defendants' Interrogatories and Request for Production of Documents should have been received by November 4, 2004. 3, On November 23, 2004, Defendants' counsel forwarded a letter to Plaintiff's counsel requesting that he respond to the outstanding discovery, (A true and correct copy of correspondence between the parties elated November 23, 2004, is attached hereto as Exhibit "B".) 4. On December 28, 2004, Defendants' counsel forwarded a letter to Plaintiff's counsel requesting that he respond to the outstanding discovery. (A true and correct copy of correspondence between the parties dated December 28, 2004, is attached hereto as Exhibit "C".) 5. On March 11, 2005, Defendants' counsel forwarded a letter to Plaintiff's counsel requesting that he respond to the outstanding discovery. (A true and correct copy of correspondence between the parties dated March 11, 2005, is attached hereto as Exhibit "D",) 6. To date, Defendants have not received any response from Plaintiff or Plaintiff's counsel regarding Defendants' Interrogatories or Request for Production of Documents or the correspondence enumerated above. 7, It is necessary for proper defense of this lawsuit that Plaintiff files full and complete responses to Defendants' discovery requests. 8. Accordingly, pursuant to Pennsylvania R,ule of Civil Procedure 4019, Defendants respectfully request this Honorable Court to enter an Order directing Plaintiff to provide Defendants with full and complete Answers and Responses to Defendants' Interrogatories and Request for Production of Documents to Plaintiff within twenty (20) days or suffer additional sanctions. 9. Counsel for Defendants certifies that he has attempted contact with Plaintiff's counsel in an effort to resolve this discoverv dispute as set forth above, Despite such attempts by Defendants' counsel, however, Plaintiff's discovery responses have not been received by Defendants' counsel. WHEREFORE, Defendants, Scott C. Moore and Allicia M. Moore, respectfully request this Honorable Court enter an Order compellin9 Plaintiff to provide Defendants with full and complete Answers and Responses to Defendants' Interrogatories and Request for Production of Documents to Plaintiff, Respectfully submitted, Date: ~-/7-03) SUMM~S, McDoNNELL, GWrHRIE & SKEEL., ATTORNEYS AT LAW H~DOCK, L.,P' STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK, JR. GREGG A. GUTHRIE PE:Tl::R B. SKEEL PATRICK M. CONNEL.LV* JEFFREY C. CATANZARITE ANNE M. PAUl- KEVIN O. RAUCH JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNII"ER M. IRVIN MARK J. GOLEN COLLEEN P. KARTYCHAK BRETT L. HUSTON ROBERT J. FISHER. JR. HARRISBURG OFFICE, 1017 MUMMA ROAD LEMOYNE. P A 1704:3 PHONE: 717-901-5916 FAX, 717.920-9t29 * ALSO ADMITTED IN WV October 5, 2004 Edward Mimnagh, Esquire 203 West Caracas Avenue Hershey, PA 17033 RE: Peoula v. Moore Our File No. 13079 Dear Mr. Mimnagh: Enclosed please find Defendant's Interrogatories and Request for Production of Documents to Plaintiff in the above-captioned matter. Kindly respond to the same within the time frame established by the applicable Rules of Civil Procedure, Thank you for your attention and anticipated cooperation in this regard. KDR:rkw Enclosure . PITTSBURGH OFFICE: GULF TOWER..,SUlTI':.2400, 707 GRANT SnlEE1; PirrSBURGH,PA 15219 r' ., PHONE 412-261.3232 FAX 412-261-3239 SUM~RS, McDoNNELL" WJ. D.p',.OCK, _THRIE & SKEEL, ~ ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK, JR. GREGG A. GUTHRIE PETER e. SKEEL PATRICK M. CONNELLY* JEFFREY C. CATANZAFltTE ANNE M. PAUL KEVIN D. RAUCH JASON A. HINES ERIN M. BRAUN GUY E. BL.ASS JENNIFER M. lRVlN MARK J. GOLEN COLLEEN P. KARTYCHAK BRETT L. HUSTON ROBERT J. FISHER, JR. HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE:, PA 17043 PHONE: 717-901-5916 FAX~ 717-920-9129 *ALSO ADMITTED IN WV November 23, 2004 Edward Mimnagh, Esquire 203 West Caracas Avenue Hershey, PA 17033 RE: PeQula v. Moore Our File No, 13079 Dear Mr. Mimnagh: In review of my file, I noticed that I have not yet received your discovery responses. Kindly advise as to when I can expect to receive the same. I look forward to hearing from you. Thank you. / KDR/pk . -- npft'f'-SBURGH"OFFICE:: - -GULF YOWER:"sull-"Ei400,-707-C;"RANT-STREET,np''TTSeURGH.-PA''I'5Z1g-- PKONE 4\2-2.'5\-3232 F'AX 412-261-3Z:a9 -- SUMMiliS, McDONNELL., GlPrHRIE & SKEEL, ATTORNEYS AT LAW HiDOCK, L._~p. STEPHEN J. SUMMERS THOMAS A. MCDONNELl.. JOSEPH A. HUDOCK, JR. GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY. JEFFREY C. CATANZARITE ANNE M. P AUf.,. KEVIN D. RAUCH JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOL.EN COLLEEN P. KARTYCHAK BRETT L. HUSTON ROBERT J. FISHER, JR. HARRISBURG OFFICE, 1017 MUMMA ROAD LEMOYNE, P A 17043 PHONE: 717.901.5916 FAX; 717-920-9129 * ALso ADMITTED IN WV December 28, 2004 Edward Mimnagh, Esquire 203 West Caracas Avenue Hershey, PA 17033 RE: Pequla v. Moore Our File No. 13079 Dear Mr. Mimnagh: In review of my file, I noticed I have not yet received discovery responses in the above-referenced matter. If I do not receive your responses by Thursday, January 6, 2005, I will file a Motion to Compel discovery with the court, If you should have any questions regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, ~~ Joshua G. Ferguson JGF:laz Enclosure . PITTSBURGH..bFFICE-: GULF TOWER; ffulT'e" i4oo,-70j" GRANT STREET,"PI'TTsa"uRGH, PA 15219 PHONE 412-251-3232 FAX 412-251-3239 ---- SUM,~RS, McDoNNELL, "'THRIE & SKEEL, ATTORNEYS AT LAW tl.~DOCK, .....p. STEPHEN J. SUMMERS THOMAS A. MCDONNELl. JOSEPH A. HUDOCK. JR. - GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY* JEFFREY C. CATANZARITE ANNE M. PAUL KEVIN D. RAUCH JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN COLLEEN P. KARTYCHAK BRETT L. HUSTON ROElERT J. FISHER. JR. CAROLYN S. LAURO HARRISBURG OFFICE, 1017 MUMMA ROAD LEMOYNE, PA 17043 PHONE: 717-901-5916 FAX; 717-920-9129 * ALSO AOMITTED IN WV March 11, 2005 Edward Mimnagh, Esquire 203 West Caracas Avenue Hershey, PA 17033 RE: Pequla v. Moore Our File No, 13079 Dear Mr. Mimnagh: As a follow up to my phone calls to your paralegal, Karen Sheriff, please contact me regarding the outstanding discovery responses in the above-referenced matter. If you should have any questions regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, '~/J~~_' Kevin D. Rauch ( "f:; F KDR:lam . PITTSBURGH OFFICE: GULF TOWER, SUITE 2400, 707 GRANT STREET, PITTSBURGH, PA 15219 PHONE 412-261-3232 FAX 412-261_3239 CERTIFICATE OF SERVIC:E I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES has been mailed by U.S. Mail to \ ,-h----aay of first class mail, postage pre-palid, this ,2005: Edward Mimnagh, Esquire 203 West Caracas Avenue Hershey, PA 17033 By: Kevi D. Rauch, Esquire Joshua G. Ferguson, Esquire Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBEFtLAND COUNTY, PENNSYLVANIA JEFFREY P. PEGULA, Plaintiff, CIVIL DIVISION v. NO. 04-4464 SCOTT C. MOORE, ALLlCIA M. MOORE and STATE FARM INSURANCE COMPANY, Defendants. (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of , 2005, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Jeffrey P. Pegula, provide Defendants, Scott C. Moore, and Allicia M. Moore, with full and complete Answers and Responses to Defendants' Interrogatories and Request for Production of Documents within twenty (20) days of the date of this Order. J, C' t-> ~ = r;-;, 0;;',:;:::0 ,--,f' -\ ,- ~~ (:;--:-~ .- -nfT', r-.) 0 N ?~ L ~:~:,\ ~'1~ -.-n _4; ?(~ :p1 :1.'" " ,^) ;--~ p' (,) ~Q r,..) -