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HomeMy WebLinkAbout07-5330LAGUNA REYES MALONEY, LLP V I 19 NORTH FRONT STREET, HARRISBURG, PA 17 1 02 TEL.: (7 17) 233-5292 / FAx: (7 17) 233-5394 LR M @STAN FORDALU M N I.O RG ATTORNEYS FOR PLAINTIFF TRACY L. EVANS-QUALLS, § IN THE COURT OF COMMON FLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA v. § NO.: p7- 5330 Civt ! ~Qrm JEFFREY L. QUALLS, § CIVIL ACTION - IN DIVORCE Defendant § 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 in divorce or annulment maybe entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrators Office at the Cumberland County Courthouse, 4`~ Floor, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER`S FEES OR EXPENSES BEFORE A DIVORCE IS GRANTED OR ANNULMENT, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse, 4~ Floor Carlisle, PA 17013 (717) 240-6200 COUNT II CHILD CUSTODY 14. Paragraphs 1 through 13 are hereby incorporated by reference and made a part hereof. 15. Plaintiff avers that there is one minor child of the parties namely: Alycia G. Qualls, born February 16, 2005 (hereinafter referred to as "the child"). 16. The Plaintiff is the natural mother of the child. 17. The Defendant is the natural father of the child. 18. Plaintiff hereby seeks shared legal and physical custody of the child. 19. Since birth, the child has resided with the Plaintiff and Defendant at 948 Eppley Rd., Mechanicsburg, Pennsylvania 17055. 20. Plaintiff has not participated as a party in other litigation concerning the custody of the child in this or in another court. 21. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 22. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 23. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff prays that a judgment be entered in favor of the Plaintiff against the Defendant as follows: a. That a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant; b. As to Count I, that this Honorable Court enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties; c. As to Count II, that shared legal and physical custody of the child be awarded to the parties; and c. Such other additional relief as the Court deems necessary and just. Respectfully submitted, L C. Reyes M one ,Esquire Supreme Court I.D. o. • 78075 Attorney for Plaintiff LAGUNA REYES MALONEY, LLP 1119 North Front Street Harrisburg, PA 17102 (717) 233-5292 •~ VERIFICATION I verify that the statements made in this divorce complaint are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. T L. Evans-Qualls '!!~ ~ C'h rv .p ~ ~- r•, ' z v - `~ ~" 1 X ; f Y 1 ! ~"~ L ' _ d ~,y ~ 7 17 :~~ ~~ t '....~ •~ LAGUNA REYES MALONEY, LLP 1 1 1 9 NORTH FRONT STREET, HARRISBURG, PA 1 7 1 02 TEt.: (7 17) 233-5292 / FAx: {71 7) 233-5394 LRMC STANFORDAtUMNI.ORC3 ATTORNEYS _FOR PWINTIFF TRACY L. EVANS-QUALLS, § IN THE COURT OF COMMON PLEAS (aF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA v. § NO.: 07-5330 Civil Term JEFFREY L. QUALLS, § CIVIL ACTION - IN DIVORCE Defendant § ACCEPTANCE OF .SERVICE Pursuant to Pa.R.C.P. 1930.4(d), I accept service of the Complaint under Section 3301(c) or 3301(d) of the Divorce Code, filed in the above-captioned matter, on behalf of thie Defendant in the above-captioned matter-and certify that I am authorized to do so. D a7 Dat Paul J. to, Esquire Goldbert, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108 E:1T I ~. '~. LAGUNA REYES MAL4NEY, LLP 1 1 1 9 NORTH FRONT STREET, HARRISBURG, PA 1 7 102 TEt_.: (71 7) 233-5292 /FAX: (71 7) 233-5394 LR M@ S TAN FOR OALU M N I.OR G ATTORNEYS FOR PLAINTIFF TRACY L. EVANS-QUALLS, § IN THE. COURT QF COMMON PLEA5 OF Plaintiff § CUMBERLAND COUN'T'Y, PENNSYLVANIA v. § NO.: 07-5330 Civil Term JEFFREY L. QUALLS, § CIVIL ACTION - IN DIVORCE Defendant § CERTIFICATE OF SERVICE I hereby certify that I served a copy of the Complaint in Divorce filed in the above- captioned matter upon Defendant's counsel, Paul J. Esposito, Esquire byfirst-class U. S. mail (see Acceptance of Service, attached hereto as "Exhibit A"). Respectfully submitted, ura C. Reye ney, Esq Supreme Co o.: 78075 ~~:a ;-r, ~~ .. .~ ..~; cn ..~ ~, -~a _. 7.. _.. ,vim. ". cx> ~..._ ~. 1 ~~ .~. ,.., rv `~ c, " -..., a C~` ''-~ r=~ - ~ ~ ~ ~ <... ~,.~ ~"" ~ "' ~--' 1~_ ~.ry ~ 9 ~~ ~~ + r~. 1 r ^`~ ~ TRACY L. EVANS-QUALLS, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA v. § NO.: 07-5330 Civil Term JEFFREY L. QUALLS, § CIVIL ACTION - IN DIVORCE Defendant § STIPULATION TO THE HONORABLE JUDGES OF SAID COURT: The parties in the above-captioned divorce action do hereby stipulate and agree that the Court of Common Pleas of Cumberland County, Pennsylvania may enter the Retirement Benefits Court Order hereto attached. Tracy L vans-Qualls, Pla tiff ~Gra C. Reyes a ey, Esquire ttorney far Pl intiff 1 Je ey L. Qualls, Defendant b~ Paul J. os' ,Esquire Attorney for Defendant Page 3 of 3 r~ _ c~.:.~ - Grp ~~ %i ~; `il -t •% ~~ ..--~ . ,~ , , ,~ :JAN ~ Z 2008 TRACY L. EVANS- UALLS IN THE COURT OF COMMON PLEAS OF Q ~ § Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA v. § NO.: 07-5330 Civil Term JEFFREY L. QUALLS, § CIVIL ACTION - IN DIVORCE Defendant § 1 RETIREMENT BENEFITS COURT ORDER c~- AND NOW, this ~3 day of ~o.V~yQ,r y , 2008, the parties having reached an agreement as evidenced by the attached Stipulation, it is hereby ORDERED and DECREED as follows: This Order is intended to be a retirement benefits court order pursuant to the requirements of 5 U.S.C. §§8435(c) and 8467; and 5 C.F.R. part 1653, supart A. This Order is granted in accordance with 23 Pa.C.S. §3501 et seq.; §3701 et seq.; and §4301 et seq. which relate to marital property rights, alimony, child support and/or spousal support between spouses and former spouses in matrimonial actions. SECTION 1. IDENTIFICATION OF PLAN This Order applies to benefits under the civilian Thift Savings Plan (hereinafter referred to as "the Plan"). Page 1 of 3 SECTION 2. IDENTIFICATION OF PARTICIPANT AND PAYEE a. Tracy L.Evans-Qualls is hereinafter referred to as the "Participant" of the Plan. The Participant's current address is 948 Eppley Road, Mechanicsburg, Pennsylvania 17055. The Participant's Social Security Number is 171-54-8968. b. Jeffrey L. Qualls, spouse of the Participant, is hereinafter referred to as the "Payee." The Payee's current address is 948 Eppley Road, Mechanicsburg, Pennsylvania 17055. The Payee's Social Security Number is 167-54-8723. SECTION 3. AMOUNT OF BENEFIT TO BE PAID TO PAYEE Jeffrey L. Quails, the Payee, is awarded $83,285.79 from the Plan. IT IS SO ORDERED: 1~ ~.3~~$ Date JUDGE Page 2 of 3 ,~uJ s~3 +~ C~ .,n ~, ;._., A € ~ ~ .; '.~ i'%1 ~ C! ~-~~~~ i ~ ii is 3i ~/~ - So~~rl~ } ~ ~..~.V _... 1~ .i ~./' J `~U'~ t.. ...i ~_+i~i~ v' _„_ _~ v PROPERTY SETTLEMENT AGREEMENT This Agreement, made and entered into this ~_ day of ~~ ~ ~ Im ~ e I(^ , 2007, between Jeffrey L. Qualls, of 948 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "Husband" or "Father"), and Tracy L. Evans- Qualls, of 948 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "Wife" or "Mother"). WHEREAS, the parties hereto are now Husband and Wife, having been lawfully married to each other on Apri19, 1994 in Pennsylvania; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the Page 1 of 18 other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future maybe owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or other expenses, except as set forth herein; and Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby acknowledge that they have lived separate and apart since August 24, 2007, and continue to live separate and apart as of the date of this Agreement, and further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. Page 2 of 18 2. No Molestation, Harassment or Interference. Neitherparty shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or courtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarred, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall Page 3 of 18 be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that, except as provided herein, neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other; to that end, each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Custody of the Child. a. Legal Custody of the Child. Husband/Father and Wife/Mother shall share j oint legal custody of Alycia G. Qualls (hereinafter "the child"),born February Page 4 of 18 16, 2005. Mother and Father agree that maj or decisions concerning their child including, but not necessarily 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 other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the 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. With regard to any emergency decisions which 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. 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 given to either party as a parent pursuant to 23 Pa.C.S. 5309. In addition, both parties agree that neither shall pay child support to the other. Page 5 of 18 b. Physical Custody of the Child. The parties shall equally share physical custody of the child. More specifically, Father shall have physical custody of the child on Tuesdays, Thursdays and alternating weekends from Friday until Monday morning, including overnights. Mother shall have physical custody of the child on Mondays, Wednesdays and alternating weekends from Friday to Tuesday including overnights. c. Holidays. The parties shall share holidays as they mutually agree upon and arrange. In addition, Father shall have custody on Father's Day and Mother shall have custody on Mother's Day. Each party shall be entitled to two (2) weeks of vacation each year, not to be taken consecutively. d. Daytime Childcare. The parties agree that the child's daytime childcare shall continue to be provided primarily by the child's maternal grandparents, Terry Y. And Alyce D. Evans. In the event that the child's maternal grandparents are unable to provide full-time daytime childcare, the child's maternal grandparents shall have the option of caring for the child for a period of no more than eight (8) hours per week and two (2) overnights per month. In this event, the child's maternal grandparents may not take more than half of their childcare time from either parent's custodial times with the child. e. Controlled Substances/Alcohol: During any period of custody, the parties to this Order shall not possess or use any controlled substance, neither shall Page 6 of 18 they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. f. Smoking: During any period of custody, the parties to this Order shall not smoke cigarettes or tobacco products in the presence of the child. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. g. Telephone Contact: Each party shall be entitled to reasonable telephone or e-mail contact with the child when in the custody of another parry. The parties shall provide to one another an emergency contact telephone number, a-mail address or contact person. h. Address and Telephone Numbers of Parties: Each party shall keep the other parties informed of any changes of address or telephone number. i. Relocation: Neither parry shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in this Order, or if the relocation will be to a location in excess of sixty (60) miles fromthe otherparty'sthen-current address without (a) such party's first giving prior written notice to the other parry no less than sixty (60) days prior to the planned relocation, and (b) either written consent of the other party to such relocation or further Order of this Court. In the event of any intended Page 7 of 18 relocation, either party may seek modification of the terms of this custody Order by filing a Petition to Modify Custody with the Prothonotary. j. No-Conflict Zone/Derogatory Comments: Each party shall establish a no- conflict zone for the child and refrain from making derogatory comments about another party in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child. k. Should either party have the child spending overnight at a place other than their primary residence, the other parry will be given the address and telephone number where the child is spending the night. 1. The parties shall organize ways for their child to maintain her friendships, extracurricular activities and other special interest, regardless of which household she may be in. It is also suggested that toys, clothing, etc. not become matters of contention. 5. Child Support. As long as the parties equally share physical custody of the child, neither party shall be obligated to pay child support to the other party. 6. Medical Coverage for the Child. As long as the parties equally share physical custody of the child, the child shall be covered under Mother's health insurance plan. Mother shall provide the standard option level of coverage or its equivalent and shall not reduce the coverage she now has in place for the child. Any medical or dental Page 8 of 18 expenses of the child that are not covered by insurance shall be divided equally between Mother and Father. 7. Other Expenses for the Child. All other expenses for the child, including but not limited to the child's daycare (if needed), schooling, and extra-curricular activities, shall be divided equally between Mother and Father. 8. Health Insurance. Each party shall be responsible for their own health insurance coverage. 9. Waiver of Alimony. In consideration of the mutual agreements of the parties, and their decision to voluntarily live separate and apart and the provisions contained herein, and for the respective benefit of the parties and other good and valuable consideration, the parties each expressly agree to mutually waive any and all claims for any alimony, spousal support/alimony pendente lite, maintenance, etc. 10. Life Insurance. Each party shall retain sole ownership of any life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they deem appropriate. 11. Income Tax. Husband and Wife shall file joint tax returns for the 2007 tax year and equally divide any tax refund that may result from such filings. Beginning with the tax year 2008, Husband and Wife shall file separate tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed for the tax year 2008 or any year thereafter, or any assessment of any such tax is made Page 9 of 18 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 misrepresentation or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. In the tax year 2008, Wife shall claim the child as her dependent. In the tax year 2009, Husband shall claim the child as his dependent. Thereafter, the parties shall continue claiming the child as their dependent on alternating years. 12. Applicability of Tax Law to Property Transfers. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provision of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 13. Bank Accounts. Husband and Wife .have owed various accounts during their marriage in both their individual and joint names. It is acknowledged that they have Page 10 of 18 divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owners of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. Each parry agrees to execute any and all necessary documents to remove the other party as a joint owner of said account and to give effect to this paragraph. Each party agrees to execute said documents within ten (10) days of a request by the other party. 14. Real Property. The parties agree that the marital residence, located at 948 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, shall be the sole and separate property of the Wife. Wife agrees to refinance the residence to her name only immediately upon the full execution of this Agreement and pay Husband $110,000.00 on or before January 3, 2008. Husband may continue to reside in the marital home for a period not to exceed ninety (90) days from his receipt of the $110,000.00; however, Husband shall vacate the residence and remove his personal property immediately upon the settlement on the purchase of his new residence. Husband agrees to execute any necessary documents reasonably related to the refinancing of the marital home, including the transfer of title to the marital home. 15. Division of Household Furnishings/Assets. At the time that Husband moves out of the marital residence, the parties shall equitably divide all household furnishings/assets. Page 11 of 18 16. Division of Personal Property. The parties shall own, have and enjoy, 17. independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. Any items that each party owned or possessed before the parties' date of marriage shall continue to be owned or possessed by the same party. Automobile for Wife. Upon execution hereof, Husband agrees that Wife shall retain possession of and receive as her own property the 2002 Hyundai Santa Fe and 1997 PC 800 (hereinafter referred to as "the vehicles") for her own use and disposition. Wife has been and shall continue to be solely responsible for all expenses associated with the vehicles including, but not limited to insurance and maintenance. Wife shall be solely liable and shall keep Husband indemnified and held harmless from any liability, cost or expense, including attorney's fees, dues to any of the expenses set forth in the preceding sentence and shall indemnify and hold Husband harmless from any liability, cost or expense, including but not limited to claims, damages and judgments, solely due to any accidents involving Wife and Wife shall reimburse Husband for any increased premiums during the year following the day of execution of this Agreement solely resulting from such accidents. Page 12 of 18 18. Automobile for Husband. Upon execution hereof, Wife agrees that Husband shall retain possession of and receive as his own property the 2005 Nissan Xterra and the 1994 Honda Del Sol (hereinafter referred to as "the vehicles") for his own use and disposition. Husband agrees to pay off the 2005 Nissan Xterra from the $110,000.00 that he will receive from Wife. Once title is received, Wife agrees to sign any necessary documents in order to transfer title of the 2005 Nissan Xterra to Husband's name only. Husband further agrees that he has been and shall continue to be solely responsible for all expenses associated with the vehicles including, but not limited to insurance and maintenance. Husband shall be solely liable and shall keep Wife indemnified and held harmless from any liability, cost or expense, including attorney's fees, due to any of the expenses set forth in the preceding sentence and shall indemnify and hold Wife harmless from any liability, cost or expense, including but not limited to claims, damages and judgments, solely due to any accidents involving Husband and Husband shall reimburse Wife for any increased premiums during the year following the day of execution of this Agreement solely resulting from such accidents. 19. Wife's Debts. Wife shall continue to be solely responsible for all debts that may exist in her name including any credit card debts and loans. Wife shall indemnify and hold Husband harmless from any liability, cost or expense, including but not limited to claims, damages, and judgments related to any such debts. Page 13 of 18 20. Husband's Debts. Husband shall continue to be solely responsible for all debts that may exist in his name including any credit card debts and loans. Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including but not limited to claims, damages, and judgments related to any such debts. 21. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that parry incurring such debt will hold the other harmless from any and all liability thereof. 22. Husband's Pension. Wife agrees to waive any claims she may have to any pension or employment benefits of any kind that may have been earned by Husband during the marriage. 23. Wife's Pension. Other than as set forth herein, Husband agrees to waive any claims he may have to any pension or employment benefits of any kind that may have been earned by Wife during the marriage. 24. Wife's Thrift Savings Plan. Husband shall receive fifty percent (50%) of the value of Wife's Thrift Savings Plan on June 30, 2007: $83,285.79, payable through a Qualified Domestic Relations Order (QDRO). Wife shall pay for the cost of preparing the said QDRO and the parties shall execute the QDRO no later than forty- five (45) days from the date of the execution of this Agreement. Page 14 of 18 25. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending divorce between them in the Court of Common Pleas of Cumberland County, No. 07-5330. The parties acknowledge their intention and agreement to proceed in said action to obtain a fmal decree in divorce after January 1, 2008 by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 26. Incorporation and Judgment for Divorce. This Agreement and all of its provisions shall be incorporated into the decree of divorce in the aforementioned divorce action, either directly or by reference. 27. Breach. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as maybe available to him or her. 28. Enforcement. The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. Page 15 of 18 29. Applicable Law and Execution. The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. 30. RepresQntation by Counsel. Husband has been represented by Paul J. Esposito, Esquire, and Husband acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. Wife has been represented by Laura C. Reyes Maloney, Esquire, and Wife acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 31. The ElYtire Agreement. The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 32. Modification of this Agreement. The modification or waiver of any of the provisigns of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. Page 16 of 18 33. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be donee. any other act or thing that may be 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 attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 34. Financial Disclosure. The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, o~ any interest owned by the other party in an asset of any nature at any time prior to 'the date of execution of this Agreement that was not disclosed to the other parry or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Dauplhin County to make equitable distribution of said asset. The non-disclosing parry shill be responsible for payment of counsel fees, costs or expenses incurred by Page 17 of 18 the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 35. Voluntary Execution. Each of the parties has read and understands the above and is signing this Agreement as a free and voluntary act and having had the opportunity to obtaitt advice of separate legal counsel. IN WITNESS WHEREOF, and intending to be legally bound, the parties have set their hands and seals the day and year first written above. ,-- racy vans-Qualls J f y .Qualls Signature of VV~itness Signature f W ess j ~u/ ~, ~S posi~o Printed Name df Witness Printed Name of Witness Page 18 of 18 C`) ^~ ~-_ ~=~ p ' " ~ ~ [ kl _ ~ ~ _r~C;; .~ tom) ""S 3 ?T ~"` ~ ? ~} ~' C.J T] '-„f ^C TRACY L. EVANS~QUALLS, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA v. § NO.: 07-5330 Civil Term JEFFREY L. QUAILLS, § CIVIL ACTION - IN DIVORCE Defen~ant § PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 6, 2007. 2. The marriage of Plaintiff and 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 fmal 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 ~o unsworn falsification to authorities. 1 ~ ~~„~ t- 3r- ohs ~ ~~,.. ~ Date Tracy L; vans-Qualls EXHIBIT A ~ p ~'~ C ~ r., ~ ~° ~~~` ~ r-' ~ ~ . _ ~ E ~ ~ ~ 'mot .,~ TRACY L. EVANS-QUALLS, § Plaintiff § v. § JEFFREY L. QUA~LS, § Defen ,ant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-5330 Civil Term CIVIL ACTION - IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OR 3301(d) 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 e~penses 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 ~ copy of the decree will be sent to me immediately after it is filed with the Prothonojtary. 4. I verify tt)at the statements made in this waiver 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. 1- 3t- Ohs Date ' racy L. ~E ans-Qualls ao~'y C'~ ^a ~ ~ ~ i... ~ ' ~ 1 ~p~ ~.L.. ~V ~ ~~ ~ ~ ~ i ~ '^^'yy~ .~ 1~ TRACY L. EVANS-QUALLS, § Plaintiff § v. § JEFFREY L. QUAL~LS, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-5330 Civil Term CIVIL ACTION - IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER § 3301(c) OF THE DIVORCE CODE A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 6, 2007. 2. The marriage of Plaintiff and 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 requesjt 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 tip unsworn falsification to authorities. I-g~~~ Date J e L. Qualls 3c~~k C~7 raw "K7L??_ 3~~~. G7 ~ " t 7 ~ _,r' , C`. " i'~"~ ~...;.1 .T> ~ N ;~{ t.J ~7 -C -,C ~ TRACY L. EVANS-QUALLS, § IN THE COURT OF COMMON PLEAS OF Plaintitlf § CUMBERLAND COUNTY, PENNSYLVANIA v, § NO.: 07-5330 Civil Term JEFFREY L. QUAL'~LS, § CIVIL ACTION - IN DIVORCE Defendant § DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OR 3301(d) 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 ~ copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify at the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating ~o unsworn falsification to authorities. ~ ,. Date J L. Qualls ~ o~'~ v+v 'ty " .~ ~ ~ "C ~ j w L ~V ~ TRACY L. EVANS-QUALLS, § Plaintiff § v. § JEFFREY L. QUA~,LS, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-5330 Civil Term CIVIL ACTION - IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for Divorce: irretrievable breakdown under Section 3301(c). 2. .bate and Manner of Service of the Complaint: September 10, 2007, via first- ~lass U.S. mail-(see Certificate of Service filed with the Court on September 18, 2007). 3. .,bate of Execution of the Affidavit of Consent Required by Section 3301 (c) of the Divorce Code: by Plaintiff on January 31, 2008; by Defendant on January 8, 2008 (see Exhibit A). 4. Related Claims Pending: no other marital claims pending. 5. 11Votice of Intention to Request Entry of Divorce Decree: waived by Plaintiff ~n January 31, 2008; by Defendant on January 8, 2008 (see Exhibit A). L ra C. Reyes Mal ne , squire preme Court I.D. 75 Attorney for Plaintiff LAGUNA REYES MALONEY, LLP 1119 North Front Street Harrisburg, PA 17102 (717) 233-5292 rv C7 -n C °~ ~ -~i~ rnc ~ ~ i~ .:.. .~~ .~. -. ~ ~~ ` =`,, k_ r ~ , rn `~ .:~ ~ _ ~c ~ ~ i .`'~c I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 4 STATE OF ~ ~~ PENNA. ~. „~ _ ~, Traci ~- • E~t4rri ~ ~u.T G 1 t S T- Pluin+if'~' VERSUS ~e~"e+ndan + N o . D-1 ~ S 330 DECREE IN DIVORCE AND NOW, ~ ~~CV~''r~I ~ {~"", IT IS ORDERED AND DECREED THAT Ir~IC~ L-• ~ ~IG~I~S" ~.VUQ`~S PLAINTIFF, AND ~C'l ~r ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; -Ck-~ arc em~,n~ here ~ n e~rf rid lie-4-wee~n -t1~e aa.r~te,S .e A BY THE COURT: ~~ ~ ~~ ~ ~o~ ~~ i.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r ~T -Yce-C ~~ ~ . Svc F~ s- ~i,- A I15 . --~ Plamtlff Vs File No. Cj 7- ~ ~ ` r IN DIVORCE J ~ 1 /1? ~ • Gs S Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, - or 1< after the entry of a Final Decree in Divorce dated ~ (-~ )~ Zc:C~; hereby elects to resume the prior surname of ~~ ~-1V 5 ,and gives this written notice avowing his /her intention pursuant to the provisipns.of 54,,F.S. 70~. ~; lam- , Date• Z. ~ ~ .ZGL`S~~ Signature y ~~ / ~- J f 1..~ W Signature o ame being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ~,, .~ lo.~lcw.d) - On the ~~ day of ~~ ~J ~r y , 200 ~ 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 aclmowledged that he /she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. CLrvt?~ Prothonotai or Notary Public NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 r a ~~ a^"~ r ~' ~•~ `~ , R ~ -n ~ ~~ ~.: _~ Q ~ -~;. ~ ~ r"~