HomeMy WebLinkAbout08-2473MARLENE QUINN,
Plaintiff
V.
THOMAS J. QUINN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
IN DIVORCE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the court.
A judgment may also be entered against you for any other claim or relief requested in these papers by
the Plaintiff. You may lose money or property or other rights important to you, including custody or
visitation of your children.
When the ground for 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 at the Cumberland County Court House, High and Hanover Streets, Carlisle.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Phone: (717) 249-3166
(800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply 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 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
MARLENE QUINN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
V. No. D? ?-y73 t%??? +U??t.
THOMAS J. QUINN,
Defendant IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. Plaintiff is Marlene Quinn, who currently resides at 1404 Bradley Drive, Apt. B211,
Cumberland County, Carlisle, Pennsylvania, since January 2008.
2. Defendant is Thomas J. Quinn, who currently resides at 168 Virginia Avenue,
Cumberland County, Carlisle, Pennsylvania, since June 1995.
3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at
least six months immediately previous to filing of this Complaint.
4. Plaintiff and Defendant were married on April 6, 1979, in Chicago, Illinois.
5. There have been no prior actions of divorce or for annulment between the parties hereto in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. 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.
8. Plaintiff requests the Court to enter a Decree in Divorce.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in
Divorce and such other Orders as may be just and appropriate.
Date: 11 +?
Respectfully Submitted,
ROMINGER & ASSOCIATES
Vincent M. Monfredo, Esquire
Attorney for Plaintiff
155 South Hanover Street
Carlisle, PA 17013
Supreme Court I.D. # 206671
(717) 241-6070
VERIFICATION
I verify that the statements made in this Complaint 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.
14
Date:
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Marlene Quinn, Plaintiff
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MARLENE QUINN,
Plaintiff
V.
THOMAS J. QUINN,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
: No. 08-2473
IN DIVORCE
PRAECIPE TO REINSTATE DIVORCE COMPLAINT
TO THE PROTHONOTARY:
Please reinstate the original Divorce Complaint in the above captioned case on behalf of
the Plaintiff, Marlene Quinn which was filed on April 16, 2008.
Date: January 8, 2009
Respectfully submitted,
ROMINGER & ASSOCIATES
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 206671
Attorney for Plaintiff
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MARLENE QUINN,
Plaintiff
v.
THOMAS J. QUINN,
Defendant
IN DIVORCE
PRAECIPE TO AMEND DIVORCE COMPLAINT TO INCLUDE COUNT FOR
ALIMONY
TO THE PROTHONOTARY:
Please amend the Divorce Complaint at the above captioned docket to include a count for
Alimony on behalf of the Plaintiff, Marlene Quinn.
Date: January 8, 2009 Respectfully submitted,
ROMINGER & ASSOCIATES
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
No. 08-2473
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 206671
Attorney for Plaintiff
MARLENE QUINN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
V. No. 08-2473
THOMAS J. QUINN,
Defendant IN DIVORCE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the court.
A judgment may also be entered against you for any other claim or relief requested in these papers by
the Plaintiff. You may lose money or property or other rights important to you, including custody or
visitation of your children.
When the ground for 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 at the Cumberland County Court House, High and Hanover Streets, Carlisle.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Phone: (717) 249-3166
(800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply 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 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
MARLENE QUINN,
Plaintiff
V.
THOMAS J. QUINN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
: No. a$ a?Z3
IN DIVORCE
AMENDED COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE TO INCLUDE COUNT FOR ALIMONY
1. Plaintiff is Marlene Quinn, who currently resides at 1404 Bradley Drive, Apt. B211,
Cumberland County, Carlisle, Pennsylvania, since January 2008.
2. Defendant is Thomas J. Quinn, who currently resides at 168 Virginia Avenue,
Cumberland County, Carlisle, Pennsylvania, since June 1995.
3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at
least six months immediately previous to filing of this Complaint.
4. Plaintiff and Defendant were married on April 6, 1979, in Chicago, Illinois.
5. There have been no prior actions of divorce or for annulment between the parties hereto in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. 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.
8. Plaintiff requests the Court to enter a Decree in Divorce.
COUNT I. ALIMONY
9. Previous paragraphs are incorporated by reference.
10. Plaintiff is unable to sufficiently support herself through appropriate employment.
11. Plaintiff lacks sufficient property to provide for her reasonable needs.
12. Defendant has sufficient income and assets to provide continuing and indefinite support
for the Plaintiff.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in
Divorce and compel Defendant to pay alimony for Plaintiff.
Date: ArZl?
Respectfully Submitted,
ROMINGER & ASSOCIATES
Vincent M. Monfredo, Esquire
Attorney for Plaintiff
155 South Hanover Street
Carlisle, PA 17013
Supreme Court I.D. # 206671
(717) 241-6070
-6R
1
77
V.
THOMAS,
?UINN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
No. 08-2473
f. QUINN,
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1.
16, 2008.
Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April
2. a marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the Complaint.
3. consent to the entry of a final decree of divorce after service of notice of intention to
request ent:ry of the decree.
I ve ' fy 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
unworn f sification to authorities.
Date: /c?200q ,
arlene Quinn/Plaintiff
TF ,Y n ,
THE
CtI F A"1 2 Cr`? " : l
V.
THOMAS
QUINN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
No. 08-2473
QUINN,
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301 (c) and (d) OF THE DIVORCE CODE
1
2
consent to the entry of a final decree of divorce without notice.
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. ; 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 v6rifv that the statements made in this Affidavit are true and correct. I understand that false
statements therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification
to
Date: J -
Mar ne Quinn/Plaintiff
THE
V.
THOMAS
QUINN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
No. 08-2473
QUINN,
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. 2
16, 2008.
2.
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Date:
?omplaint in Divorce under Section 3301(c) of the Divorce Code was filed on April
e marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
from the date of filing the Complaint.
onsent to the entry of a final decree of divorce after service of notice of intention to
of the decree.
y that the statements made in this Affidavit are true and correct. I understand that
its herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to
fication to authorities.
Thomas J. ?Y"r`Defendant
2009 ra"'i', C2 FI" .
QUINN,
Plaintiff
V.
THOMAS ?. QUINN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
No. 08-2473
IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301(c) and (d) OF THE DIVORCE CODE
expenses it
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copy of the
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to authoriti
1. 11 consent to the entry of a final decree of divorce without notice.
2. 11 understand that I may lose rights concerning alimony, division of property, lawyer's fees or
I do not claim them before a divorce is granted.
that I will not be divorced until a divorce decree is entered by the Court and that a
will be sent to me immediately after it is filed with the Prothonotary.
that the statements made in this Affidavit are true and correct. I understand that false
are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification
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Thomas 6. Quinn, Defendant
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QUINN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
V. No. 08-2473
THOMAS J. QUINN,
Defendant IN DIVORCE
PROOF OF SERVICE OF DIVORCE COMPLAINT
EXHIBIT "A"
AFFIDAVIT OF SERVICE
of Pennsylvania County of Cumberland Common Pleas Court
Case Number.
Plaintiff:
Marlene Quinn
vs.
Defendant:
Thomas J Quir
For. Vincent Moi
Rominger &
Received by Pe sylvania Professional Process Svc. to be served o Thomas Quinn @ POE - NAPA
Transportation, 4800 East Trindle Rd., Mechanicsburg, PA. I, 7 being duly
swom, depose a d say that on the day of r? , 20 at a ' . m., executed service by
delivering a true py of the Letter, N ce - Divorce, Complaint Under &mik-W of the Divorce Code,
Praecipe to reir state divorce, Praecips to Amend Divorce Compaint to Include count for alimony in
accordance with state statutes in the manner marked below:
INDIVIDUAL % ERVICE: Served the within-named person.
() SUBSTITUTE SERVICE: By serving as
() NON-SERVIC : For the reason detailed in the
( ) Based upon inquiry of party served, Defendant is not in the military service of the United States of America or
the State of New York.
Comments
;r1 /'/
I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in
which this service was made.
day PROCESS SE ;I/ER #
7- 111/'
is
Appointed in accordance
with State Statutes
"`Zr Pennsylvania Professional Process Svc.
UBLI 48 W. High St.
P.O. Box 1148
Carlisle, PA 17013
?ONwEAL- OF SYLVANIA (800) 863-2341
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V.
THOMAS
QUINN,
Plaintiff
QUINN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
No. 08-2473
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE P.
Tra
divorce de(
1.
2.
3.
4.
5.
ARY:
the record, together with the following information, to the Court for entry of a
Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce
Code.
Date and manner of service of the Complaint: Personal Process Service. February
27, 2008.
Date of execution of the affidavit of consent required by § 3301(c) of The Divorce
Code: by the Plaintiff May 19, 2009; by the Defendant May 19, 2009.
Related claims pending: None
Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: May 28, 2009.
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: May 28, 2009.
Date:
2009 !? ?
Vincent M. Monfredo, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID No. 206671
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2099 JUN -- l P i
C-ut . -,.
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MARLENE QUINN
Plaintiff
V.
THOMAS J. QUINN
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 08-2473 CIVIL TERM
IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
WITNESSETH:
The parties hereto are Wife and Husband, having been married on April 6, 1979, at
AGREEMENT, made this day of 2009, between Marlene
Quinn
(hereinafter called "Wife") and Thomas J. Quinn (hereinafter called "Husband").
Chicago, Illinois. There were two (2) children born of this marriage:
Thomas J. Quinn, Jr., Date of Birth: July 20, 1979
Felicia R. Quinn, Date of Birth: April 28, 1987
Diverse unhappy differences, disputes and difficulties have arisen between the parties and
it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives,
and the parties hereto desire to settle fully and finally their respective financial and property
rights and obligations as between each other, including without limitation: (1) the settling of all
matters between them relating to the ownership of real and personal property; (2) the settling of
all matters between them relating to the past, present and future support and/or maintenance of
Wife by Husband and of Husband by Wife; (3) in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1. AGREEMENT NOT PREDICATED UPON DIVORCE
It is specifically understood and agreed by and between the parties hereto and each of the
said parties does hereby warrant and represent to the other that the execution and delivery of this
Agreement is not predicated upon nor made subject to any agreement for the institution,
prosecution, defense or for the non-prosecution or non-defense of any action for divorce;
provided, however, that nothing contained in this Agreement shall prevent or preclude either of
the parties hereto from commencing, instituting or prosecuting any action or actions for divorce,
either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from
defending any such action which may, has been, or shall be instituted by the other party, or from
making any just or proper defense thereto. The parties further agree that they will each sign the
Affidavit of Consent and Waiver of Notice after the required ninety (90) day time period has
elapsed when such a divorce procedure is instituted.
2. ADVICE OF COUNSEL
Wife and Husband declare that each has had a full and fair opportunity to obtain
independent legal advice of counsel of her and his selection; that Wife has been independently
represented by Vincent M. Monfredo, Esquire and that Husband, aware of his right to legal
representation, declares that his express, voluntary and knowing intention is not to obtain counsel
2
and he chooses instead to represent himself with respect to the preparation and execution of this
Agreement, and waives his right to representation.
3. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. Each
shall be free from all control, restraint, interference or authority, direct or indirect, by the other in
all respects as fully as if she or he were unmarried. Each may reside at such place or places as
she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and
engage in any business, occupation, profession or employment which to her or him may seem
advisable. This provision shall not be taken, however, to be an admission on the part of either
Wife or Husband of the lawfulness of the causes which led to, or resulted in, the continuation of
their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the
respective families of each other, nor compel or attempt to compel the other to cohabit or dwell
by any means or in any manner whatsoever with her or him.
4. PERSONAL PROPERTY
Wife and Husband do hereby acknowledge they have heretofore divided the marital
property, including, but without limitation, jewelry, clothes, furniture and other personalty, and
hereafter, Wife agrees that all of the property in the possession of Husband shall be the sole and
separate property of Husband; and, Husband agrees that all property in the possession of Wife
shall be the sole and separate property of Wife. Each of the parties does hereby specifically
waive, release, renounce and forever abandon whatever claims, if any, she or he may have with
respect to any of the above items which are the sole and separate property of the other.
3
5. REAL PROPERTY
Wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in
the real estate situated and located at 168 Virginia Avenue, Carlisle, Pennsylvania. From the
date of this Agreement, Husband agrees to assume as his sole obligation any and all mortgage
payments, taxes, claims, damages or other expenses incurred in connection with said premises,
and Husband agrees and covenants to hold Wife harmless from any such liability or obligation.
Husband hereby agrees that within two (2) months of the date of this Agreement, he will cause
the release of Wife from any liability or obligation on the mortgage note presently existing with
respect to said premises and upon which both parties hereto are liable. Wife hereby agrees to
convey, transfer and grant to Husband her right, title and interest in the 2002 Volkswagon Jetta
and will sign any and all documents to effectuate the same and Husband hereby agrees that he
will release Wife from the liability and refinance the vehicle.
6. ALIMONY
Husband hereby agrees to pay alimony to Wife in the amount of $500.00 per month for a
period of five (5) years. Said alimony payments will commence on the 1" day of August, 2009,
and continue every month thereafter on the 1" day of each month for the entire five (5) year
period ending on August 1, 2014. Husband hereby agrees that said alimony payments are not
modifiable. Husband hereby agrees that the only reason that the alimony payments would cease
before August 1, 2014 would be upon either parties' death. If Wife were to remarry or
cohabitate, the alimony payments would continue for the entire five (5) year period and would
not be modifiable.
4
T SUPPORT
The parties herein acknowledge that by this Agreement they have each respectively
secured and maintained a substantial and adequate fund with which to provide themselves and
the children who may live with them, sufficient financial resources to provide for their comfort,
maintenance and support, in the station of life in which they are accustomed. Wife and Husband
do hereby waive, release and give up any rights they may respectively have against the other for
alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the
sole responsibility of each of the respective parties to sustain themselves without seeking any
support from the other party.
8. TAX RETURNS
Husband and Wife agree that they have filed separate tax returns for the calendar year
2009. Wife is hereby entitled to any refund she may receive and Husband is hereby entitled to
any refund he may receive. Each party will be responsible for their own tax liabilities if any
occur.
9. LIABILITIES
During the course of the marriage, Wife and Husband have incurred certain bills and
obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of
ascertaining for what purpose and to whose use each of the bills were incurred, that Husband
shall be responsible for all bills, obligations and debts arising from the marriage which were
incurred prior to date of separation.
5
10. NO BAR TO FURTHER PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a
limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or
to such defense as may be available. It is agreed that this Agreement shall not be impaired by
any divorce decree which may be granted but shall continue in full force and effect
notwithstanding the granting of any such decree. This Agreement is not intended to condone and
shall not be deemed to be a condonation on the part of either parry hereto of any act or acts on the
part of the other party which have occasioned the disputes or unhappy differences which have
occurred prior to or which may occur, subsequent to the date hereof.
11. MUTUAL RELEASE
Wife and Husband each do hereby mutually remise, release, quitclaim and forever
discharge the other and the estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, titles and interests, or claims in or against 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 she or he now has or at
any time hereafter may have against the other, the estate of such other or any part thereof,
whether arising out of any former acts, contracts, engagements or liabilities of such other or by
way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's
rights, family exemption or similar allowance, or, under the intestate laws, or the right to take
against the spouse's will; or 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 (a) Pennsylvania, (b) any State, Commonwealth or territory of the
6
United States, or (c) any other country, or any rights which Wife may have or at any time
hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise,
except, and only except, all rights and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife
and Husband 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 which may arise under this
Agreement or for the breach of any thereof, subject, however, to the implementation and
satisfaction of the conditions precedent as set forth herein above.
12. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (and within at least sixty
(60) days after demand therefor) execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper
effectuation of this Agreement, and as their respective counsel shall mutually agree should be so
executed in order to carry out fully and effectually the terms of this Agreement.
13. SUCCESSORS' RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be binding upon and inure to
the benefit of the parties hereto, their respective heirs, executors, administrators, successors or
assigns.
7
14. ENTIRE AGREEMENT
Wife and Husband do hereby covenant and warrant that this Agreement contains all of the
representations, promises and agreements made by either of them to the other for the purposes set
forth in the preamble hereinabove; that there are no claims, promises or representations not
herein contained, either oral or written, which shall or may be charged or enforced or enforceable
unless reduced to writing and signed by both of the parties hereto; and the waiver of any term,
condition, clause or provision of this Agreement shall in no way be deemed to be considered a
waiver of any other term, condition, clause or provision of this Agreement.
15. BINDING EFFECT OF AGREEMENT
This Agreement shall remain in full force and effect unless and until terminated pursuant
to the terms of this Agreement. The failure of either party to insist upon strict performance of
any of the provisions of this Agreement shall not be construed as a waiver of any subsequent
default of the same or similar nature
16. SEVARABILITY
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. Likewise, the failure of any party to meet
her or his obligations under any one or more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations
of the parties.
8
17. BREACH / ENFORCEMENT
Any party breaching this agreement is liable to the other party for all costs and counsel
fees reasonably incurred by the non-breaching party to enforce his or her rights under the Martial
Settlement Agreement subsequent to the date of the signing of this Agreement. The aggrieved
party may file in either law or equity, in any court of competent jurisdiction, including, but not
limited to the county in which they or the opposing party reside.
Should either party fail in the due performance of the terms under this Agreement, the
other party shall be able at his or her discretion to sue for performance or for damages for a
breach of the Agreement. The party who is deemed to have failed in the due performance of the
terms hereunder shall be liable for all reasonable costs and expenses incurred by the other in
suing for performance or for damages for breach of the Agreement, including counsel fees.
18. HEADINGS
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of this Agreement nor
shall they affect its meanings, construction or effect.
19. EFFECTIVE DATE
The effective date of this Agreement shall be the date upon which it is executed;
however, the transfer of the property provided for herein shall only take place upon the entry of a
final decree in divorce, unless otherwise indicated. The support provisions of this Agreement
shall take effect as indicated. Notwithstanding the foregoing, if a final decree in divorce shall not
have been obtained within four (4) months from the date of execution of this Agreement, this
Agreement shall be null and void.
9
20. CONTROLLING LAW
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as
parties hereto, acknowledge the receipt of a duly executed copy hereof.
Witness
Marlene Quinn/Wife
Wit ess
Tho . Quinn/Husband
10
COMMONWEALTH OF PENNSYLVANIA
. SS.
COUNTY OF CUMBERLAND
On this, the day of ITCW, , 2009, before me, the
subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of
Cumberland, personally appeared Marlene Quinn and in due form of law acknowledged the
above Agreement to be her act and deed and desired the same to be recorded as such.
COMMONWEALTH OF PENNSYLVANIA `
Notarial Seal
Tommie L. Peters, Notary Public Notary Public
4ariwe Born, cumberland county
Commission E)ires Sept 9, 2011
Pennsytvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS.
On this, the day of , 2009, before me, the
subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of
Cumberland, personally appeared Thomas J. Quinn and in due form of law acknowledged the
above Agreement to be his act and deed and desired the same to be recorded as such.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Tammle L. Peters, Notary Public
Carlisle Boro, Cumberland County Notary Public
My Commission E)pres Sept 9, 2011
+er, Pennsylvania Association of Notaries
11
MARLENE QUINN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
THOMAS J. QUINN
NO. 08-2473
DIVORCE DECREE
AND NOW, ?„? 9' z.o e 9 , it is ordered and decreed that
MARLENE QUINN
plaintiff, and
THOMAS J. QUINN
defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
A Marital Settlement Agreement is incorporated into but not merged with the Divorce
Decree.
By the Court,
Htt t: J.
rothonotary
ley -
V