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HomeMy WebLinkAbout10-2992it Tyr. L- ? SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA V. ' r CIVIL ACTION - LAW NO. ll/-?93 t4/ vi l JANET A. QUIGLEY, Defendant IN DIVORCE NOTICE TO DEFEND JOHN H. QUIGLEY, 2010 PH 2: t; IN THE COURT OF COMMON PLEAS Plaintiff C,1. CUMBERLAND COUNTY, PENNSYLVANIA 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER Y?C? dyll??s Carol J. Linds r quire Attorney Id. 4 69 26 West Hig eet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAY JOHN H. QUIGLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. C IVIL ACTION - LAW NO. JANET A. QUIGLEY, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is John H. Quigley, an adult individual, residing at 527 Colony Road, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Janet A. Quigley, an adult individual, residing at 527 Colony Road, Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 10, 1989 in Hazelton, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that he has the SAMIS, FLOWER & LIlVDSAY AT[ORNEtS M IAW 26 West High Street Carlisle, PA right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 of the Pennsylvania Divorce Code. SAIDIS, FL ER & LIND Y Carol J.-LiriAay Attorney Id. 44q93_ 26 West High S Tree Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff FLOWER & LINDSAY AnUMaWAF-LAW 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. John H. uigley Date: 5 _ 4 _ ? ? t~F E I~ "; ~ ;t,;= ??~' Rai?'..~~,~f,^,-~~~~ -. ~: 70I0~'~~'t% ~ ~~~11 JOHN H. QUI~MI{~ .,-. , ~ ;"`~~. Plaintiff ~~'' `~~YL~~~;.i~~~i IVY. v. JANET A. QUIGLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2010-2992 CIVIL IN DIVORCE ACCEPTANCE OF SERVICE I, Melissa P. Greevy, Esquire, accept service of the Complaint in Divorce in the above-captioned matter and acknowledge that I am authorized to do so. 5 1~ Date Melissa P. Greevy, Esq re Johnson, Duffie, Stew & Weidner 301 Market Street Lemoyne, PA 17043-0109 Attorney for Defendant SAIDIS, F7AWER ~ LINDSAY ,~oR[vExs nruw 26 West High Street Carlisle, PA JOHN H. QUIGLEY, ~~~~~ .~FF~~ COURT OF COMMON PLEAS Plaintiff ~~ ~~~ pp~T~~Nfl ERLAND COUNTY, PENNSYLVANIA ~. x01Q SAP ZZ A~!~p,~I~~FI= ACTION -LAW (rUM$~~~A.~Q ~aU!'fl 010-2992 CIVIL JANET A. QUIGLEY, pE~NS`(l.VANI Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 5, 2010. 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 in 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 to the best of my knowledge, information and belief. 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: ~ ~~ John .Quigley PLAINTIFF'S 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 SAIDIS SULLNAN LAW 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. 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: ~ ~ /' Joh .Quigley ~l~ THE PRpTHOPdCITARY 2010 OCT 18 PM 2~ 17 ~UMB~RLAI~i~ ~~~T~~ COURT OF COMMON PLEAS JOHN H. QUIGLEY, ~'EP~~SY9m.1~~,~ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2010-2992 CIVIL TERM v. JANET A. QUIGLEY, CIVIL ACTION -LAW Defendant AFFIDAVIT OF CONSENT IN DIVORCE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 5, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties o 18 Pa.C.S. § 4904 relating to unsworn falsifica ' to uthorities. ~ Date: ~ I 10 AN T A. QUIGLEY, De nd JOHN H. QUIGLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CiViL ACTION -LAW ~ ~ ~i NO. 2010-2992 CIVIL .-~~ ~ --+ JANET A. QUIGLEY, ~~ ~ x' "`"' -" Defendant IN DIVORCE '~= ~ _~ ~ ~, ~•-- ~.- --~r ca .~- ~ ' -r, PROPERTY SETTLEMENT AND SEPARATION AGREEMENT ~ -.`~,~'~..~- ~~, ~ rya ~-n .~ ^~ THIS AGREEMENT is made this ~_ day of `~~'` , ~2~1U; between JOHN H. QUIGLEY, of 153 North 17"' Street, Camp HiN, Cumberland County, Pennsylvania, hereinafter referred to as "John°, and JANET A. QUIGLEY, of 527 Colony Road, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Janet". RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on June 10, 1989, in Hazelton, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 2010-2992, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and ail claims and possible claims against the other or against their respective estates. R4: The parties have reached this Agreement by participating in the collaborative law process and in the highest good faith negotiation. R5: The parties entered into an interim Agreement on May 12, 2010 and the terms of that Agreement are superseded by this Property Settlement and Separation Agreement. i NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed 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 or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. the parties shall execute and file Affidavits of Consent and Waivers of Notice, necessary to finalize the divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as of 527 Colony Road, Camp Hill, Cumberland County, Pennsylvania. The parties have agreed that they will sell the marital home within five years of the date of this Agreement. Until the house is sold, however, Janet shall remain residing therein and she shall be solely and exclusively responsible for payment of all household expenses including, but not limited to, the mortgage, home equity line of credit, liens of record as of May 20, 2010, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, she shall indemnify and hold John harmless from any loss thereon. At a time agreeable to the parties, within the next five years, Janet and John will list the a marital home for safe with a real estate agent upon whom they can agree and at a price on which they can agree or, if they cannot agree, at a price recommended by their agent. The parties will take the advice of their real estate agent on any changes in the listing and selling price unless the parties agree to the contrary. Upon the sale of the marital home, the parties will pay the usual costs of sale (real estate commission and transfer tax) and they wiA also pay off the mortgage and the home equity loan. The resulting proceeds shall be divided as follows: A. Janet will receive an amount equal to the reduction of the principal balance of the mortgage between June 1, 2010 and the date of sale. B. Janet will receive the first $7,906.71 of sale proceeds, representing the amount in excess of 50% of the combined balances in the money market and checking accounts in Sovereign Bank on May 15, 2010, when John removed $40,000 from the accounts,. The calculation is set forth below: Balances in Sovereign Bank Accounts at May 15.2010 MMA $23,602.03 Checking $34.584.54 Total $58,186.57 Calculation: 1. 50% of Total = $29,093.29 2. John's advance $40,000 (includes $3000 furniture allowance}; net advance $37,000 3. $37,000 net advance Net advance $7,000.00 Less 50°!o total balance $29.093.29 Amount due Janet upon sale of 527 Colony Road before proceeds are divided $7,906.71 3 C. Janet and John will divide the remaining proceeds equally. As set out in the parties' interim Agreement of May 12, 2010, John has received $37,000.00 for his use in the purchase of his home at 153 North 17th Street, Camp Hill, Cumberland County, Pennsylvania, and Janet hereby confirms her waiver of any right, title or interest in that property. (4) DEBT: A. Marital Debt: Janet and John acknowledge and agree that there are no outstanding debts and obligations which are marital or for which the other might be liable except for the first mortgage on the marital home and the home equity line of credit which shall be paid as set out in paragraph 3 above. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on May 20, 2010, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. John accepts an obligation to pay any debt which he may have incurred prior to May 20, 2010 for the purchase of furnishings for his new home. C: Future Debt: From the date of this Agreement, neither party shall contract or incur any dent or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) of the date of this Agreement, each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance or obligation on the motor vehicle received by said party, and shall hold harmless and indemnify the other party 4 from any loss thereon. Janet will retain the 2005 Ford Mustang which is unencumbered by a lien and shall be solely responsible for all costs associated with her vehicle to include insurance, maintenance, registration and other costs or fees and liability related to the vehicle. John will retain the use of the Prius which is a leased vehicle. John shall be solely responsible for all costs associated with the Prius to include insurance, maintenance, registration and other costs or fees and liability related to the Prius. Any costs due and owing when the Prius is surrendered shall be paid by John. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools 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 property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. 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. The parties have agreed that John has received $3,000.00 in cash as an offset to the value of the personal property which Janet is retaining. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, .savings plans, pension plans, stock plans, 401 K plans and the like. Nevertheless, the parties have agreed to the following distribution: A. The parties have equally divided their money market and savings accounts as Sovereign Bank as more particularly described in paragraph 3 above. 5 B. The parties equally divided their Sovereign checking account on or about May 15, 2010. C. The parties, through their broker at Janney Montgomery Scott, will equally divide the investment account and John will rollover to Janet one-half of the value of the Janney Montgomery Scott IRA. D. By Qualified Domestic Relations Order prepared by Conrad Seigel Actuaries, John will transfer to Janet one-half of the marital value of his SERS pension with the Commonwealth of Pennsylvania. The cost of the preparation of the preparation of the Qualified Domestic Relations Order shall be shared by the parties. (8) EDUCATIONAL SUPPORT: The parties are committed to ensuring that their son, Brian Quigley, is able to pursue post-secondary education. At the time of this Agreement, there is insufficient information to permit the parties to determine the contribution they will make to Brian's post-secondary education. Therefore, the parties reserve the issue of the contribution of each to post-secondary education to be addressed in December of 2010 or January of 2011, when they will reconvene in the collaborative process to determine how they and Brian intend to finance his education. (9) CHILD SUPPORT: John shall pay to Janet far the use, benefit, support and maintenance of their minor Brian Quigley, the sum of Six Hundred Fifty ($650.00) Dollars per month, commencing June 15, 2010 and on the 15"' of every month thereafter until June 15, 2011 or until the parties agree to the contrary or there is an Order of Court to the contrary. John shall provide health insurance as is available through his employment for the benefit of the minor child. This obligation for child support shall be paid directly by John to Janet by electronic transfer, but, in the event that John should not make such payment, the obligation shall be paid by the Office of Domestic Relations of Cumberland County. 6 The parties shall share non-covered or extraordinary medical and/or dental expenses with John paying 70% and Janet paying 30%. (10) ALIMONY: John will pay to Janet, as spousal support/alimony pendente lite/alimony, Six Hundred Fifty ($650.00) Dollars per month commencing the 15th day of June, 2010 and continuing until: 1. The death of Wife. 2. The death of Husband. 3. The remarriage or cohabitation of Wife with a member of the opposite sex not within the degrees of consanguinity. 4. The agreement of the parties or Order of Court. In the event that the parties fail to agree by June 30, 2011 about the amount and duration of alimony going forward, the issue of alimony is reserved for determination by the Court of Common Pleas of Cumberland County, Pennsylvania. Janet and John agree that spousal support/alimony pendente lite/alimony is modifiable and that they meet in a collaborative conference in December, 2010 or January or February, 2011, to consider the terms of a final alimony arrangement, taking into account John's employment going forward and the likely needs for Brian's post-secondary education, and the needs and interests of the parties. (11) LIFE INSURANCE: John and Janet agree that each will maintain life insurance which they currently enjoy and that each will name the other as beneficiary of his or her life insurance policy in trust, nevertheless, for the benefit of Brian Quigley. The parties commit to creating a testamentary trust directing the Trustee to use the insurance benefit for Brian's post- secondary education and the balance of any trust corpus and accumulated interest to Brian when he attains twenty-five (25) years of age. Each may choose an Alternate Trustee. The parties agree to maintain the policies until Brian attains twenty-five (25) years of age. In the event that the policies are those provided by an employer, and one party or the other changes employment, he or she will obtain insurance with an equivalent benefit, either through other employment or privately, until Brian attains twenty-five (25) years of age. (12) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this Agreement with which to consult with counsel. Janet is represented by Melissa Greevy, Esquire and John is represented by Carol J. Lindsay, Esquire. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (13) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (14) INCE3IUIE TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or 8 expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: Dependency Exemption for Brian Quigley: ,lanet will take the dependency exemption for Brian Quigley for the tax year ending December 31, 2010. As a part of their negotiations on spousal support/alimony/alimony pendente lite, the parties will consider the dependency exemption for Brian Quigley in subsequent years. (15) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (16~ COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is speciftcally waived. (17) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and 9 that they have executed this Agreement under no compulsion. to do so but as a voluntary act. (18) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (19) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitGaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. A11 widow or widower's rights; E. AI{ right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; 10 (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (20) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (21) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shal{ not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. This Agreement shall remain in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. This Agreement shall not merge with the Divorce Decree, but shall continue to have independent contractual significance and shall be ii enforceable as provided under 23 Pa. C. S. A. § 3502(e). (22) RETURN TO ALTERNATIVE DISPUTE RESOLUTION: In the event that a problem arises with respect to an interpretation of the terms of this Agreement, with respect to modification of the term of this Agreement which is specifically noted as modifiable, the parties agree to return to mediation or a collaborative law process to make a goad faith effort to resolve the dispute before resorting to court action. (23) 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 Agreement, including, but not limited to, court cost and 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 may be available to him or her. (24) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (25) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first wr Itten above. WITNESS: 2~ Joh H uegley ~~ ~,v ~ aetA.Q Iy ~ v ~~~~ ~ ~,- .,~ ..ems ~.~..~ CommI1U011 ~Nt MCK i T. 1 Z ~ ~ //d! 1 (~( ~'~ J ~~~~ JOHN H. QUIGLEY, Plaintiff v. JANET A. QUIGLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2010-2992 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD ~s ~ cs t%.o ~~ c~l-.- o c~ sAID~; SULLIV ~~ LAW 2G West High Street Carlisle, PA To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant's counsel accepted service of the Complaint on May 11, 2010. An Acceptance of Service was filed with the Court on May 17, 2010. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: September 20, 2010 and filed with the Prothonotary on September 22, 2010. By Defendant: September 21, 2010 and filed with the Prothonotary contemporaneously herewith. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated September 21, 2010 are incorporated, but not merged, into the Decree in Divorce. ~~-. 5. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was signed: ~~ By Plaintiff: September 20, 2010 and filed with the Prothonotary on ~ September 22, 2010. ~~ By Defendant: September 21, 2010 and filed with the Prothonotary j_' contemporaneously herewith. ~~ ~~ SAIDIS SU~.LIVAN LAW '~`c~. ~ / Carol J. Lind 'y, quire Supreme C urt ID o. 44693 26 West High treet Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF JOHN H. QUIGLEY :CUMBERLAND COUNTY, PENNSYLVANIA V. JANET A. QUIGLEY NO. 2010-2992 DIVORCE DECREE AND NOW, L O ©, it is ordered and decreed that JOHN H. QUIGLEY ,plaintiff, and JANET A. QUIGLEY ,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.") The terms of the Marital Settlement Agreement, dated September 21, 2010, are incorporated but not merged into this Decree in Divorce. The parties reserve Defendant's claim for alimony pursuant to the Marital Settlement Agreement. By the Court, ~ ~~~ G~~U J'KA~Xs~' 1d /D ~ to ~ I'~