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HomeMy WebLinkAbout04-3937 o S. WALTER FOULKROD, IV, ESQUIRE Pa. Supreme Court J.D. No. 65207 HEATHER L. HARBAUGH, ESQUIRE Pa. Supreme Court J.D. No. 83997 FOULKROD HARBAUGH 2843 N. Front Street Suite 202 Harrisburg, Pennsylvania 17110 Telephone: [717] 777'7401 Facsimile: [717] 777-7402 Attorneys for : Plaintiff Michelle R. Quigley MICHELLE R. QUIGLEY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. GREGORY QUIGLEY Defendant ;NO. 04 - 3Q3'1 (lLOlL 'T~ :CIVILACTION -LAW :IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court your defend or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 S. WALTER FOULKROD, IV, ESQUIRE Pa. Supreme Court J.D. No. 65207 HEATHER L. HARBAUGH, ESQUIRE Pa. Supreme Court J.D. No. 83997 FOULKROD HARBAUGH 2843 N. Front Street Suite 202 Harrisburg, Pennsylvania 17110 Telephone: [717] 777-7401 Facsimile: [717] 777'7402 Attorneys for: Plaintiff Michelle R. Quigley MICHELLE R. QUIGLEY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. GREGORY QUIGLEY Defendant :NO. o'l-YJ31 :CIVILACTION -LAW :IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been names as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) ofthe Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do 80 will constitute a waiver of your right to request counseling. S. WALTER FOULKROD, IV, ESQUIRE Pa. Supreme Court I.D. No. 65207 HEATHER L. HARBAUGH, ESQUIRE Pa. Supreme Court I.D. No. 83997 FOULKROD HARBAUGH 2843 N. Front Street Suite 202 Harrisburg, Pennsylvania 17110 Telephone: [717] 777'7401 Facsimile: [717] 777'7402 Attorneys for: Plaintiff Michelle R. Quigley MICHELLE R. QUIGLEY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVILACTION -LAW :IN DIVORCE Cl'oLL ~~ v. GREGORY QUIGLEY Defendant :NO. 04- 3937 COMPLAINT UNDER 13301 OF THE DIVORCE CODE 1. Plaintiff is Michelle R. Quigley, who currently resides at 513 Thomas Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Gregory Quigley, who currently resides at 4345 Valley Road, Enola, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on March 13, 1993, in Newville, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either ofthe parties in this or any other jurisdiction. 7. The 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 avers that the parties have no children together. COUNT I. REQUEST FOR A NO, FAULT DIVORCE UNDER ~3301(C) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff respectfully requests the Court enter a Decree of Divorce pursuant to Section 3301(c) ofthe Divorce Code. COUNT II. REQUEST FOR A NO.FAULT DIVORCE UNDER ~3301(D) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference. 13. The marriage ofthe parties is irretrievably broken. 14. The parties are living separate and apart, and at the appropriate time, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER ~3323, ~3501, ~3502 AND ~3503 OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference. 16. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such a proportion as the Court deems just after a consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 ofthe Divorce Code. COUNT IV. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER ~3104 OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference. 18. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 19. While no settlement has been reached as of the date of filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 20. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce Code, the Court approve and incorporate such agreement in the final divorce decree. Respectfully Submitted, Date: .=f-!d.3./ O~ BY: ~ ~d!--f- Heather L. Harbaugh, Esquire Foulkrod Harbaugh 2843 North Front Street Suite 202 Harrisburg, PA 17110 (717) 777-7401 ID # 83997 ATTORNEY FOR PLAINTIFF VERIFICATION I, Michelle R. Quigley, hereby swear and affirm that the facts contained in the foregoing Divorce Complaint are true and correct and are made subject to the penalties of 18 Pa. C.S..A. Sec. 4904 relating to unsworn falsification to authorities. Date:? /:J/ /rY-1 VVJj ;Ju 11; yf ~i~Z:-;-;~i~ley )d ~~ #. ... l>.O '>() ~ esc1J~ $ "4) _1 t=: t/l ~~ ~ C', r-,.) r 8 .. . ..._~ CO') (,) p.} ['.j COMMONWEALTH OF PENNSYL.VANIA COUNTY OF CUMBERLAND MICHELLE QUIGLEY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBEI~LAND COUNTY :PENNSYLVANIA V. GREGORY QUIGLEY Defendant :NO.04-:1937 :CIVIL ACTION - LAW :INDIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff, Michelle Quigley, after the entry of a prior Decree in Divorce, hereby elects to resume the prior sumame of Bonawitz, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. i'04. Date: /;2/r/(Y-! V'Y);I'h!ie Q~ Micheifel Quigley l/ylt~/(f/fp t?rmAJ~ ~~ Bonawitz COMMONWEALTH OF PENNSYLVANIA V' IDr "- 55 COUNTY OF BEFORE ME, the undersigned authority, on this J;1i day of )),,~ L,tJ)e,- , 2004, personally appeared Michelle Quigley, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that hE! executed same for the purposes and considerations therein expressed. _ GIVEN UNDER MY HAND AND SEAL OF c(F'FIGE TI"j1 .f,:f, day of D,.,.,"!!" ,2004. ~. ~. o RD eta bl in and for th~ Commonwealth of ennsylvania NOTARIAL SEAL JOlIN J. RlCfWlDSON, JR.. Nolaly PublIc 0IIIsblra Bolo. YOO: CounIy If! Commrssim &pires Oct. 30, 2OOt8 ~~R f"-/ i0-.r ~~~ ~, 2 ~~_~ (1 i,0; -',", ~, :::;:l 1'.1 ....;0- c:' r-."l (.n S. W ALTER FOULKROD, IV, ESQUIRE Pa. Supreme Court LD. No. 65207 HEATHERL. HARBAUGH, ESQUIRE Pa. Supreme Court LD. No. 83997 FOULKROD HARBAUGH 2843 N. Front Street Third Floor Harrisburg, Pennsylvania 17110 Telephone: [717] 777-7401 Attorneys for: Plaintiff Michelle Quigley Facsimile: [717] 777-7402 MICHELLE R. QUIGLEY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. GREGORY QUIGLEY Defendant :NO. 04 - 3937 :CIVIL ACTION - LA W :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 I ifJ of the Divorce Code was filed on August 10, 2004. " The marriage of the Plaintiff and Defendant is irretrievable 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 in divorce after service of notice of intention to request entry ofthe decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: /J/IJOL{ ~II/~ '/ r:;;~ Mic elle R. Quigley S. W ALTER FOULKROD, IV, ESQUIRE Pa. Supreme Court I.D. No. 65207 HEATHER L. HARBAUGH, ESQUIRE Pa. Supreme Court I.D. No. 83997 FOULKROD HARBAUGH 2843 N. Front Street Third Floor Harrisburg, Pennsylvania 17l 10 Telephone: [717] 777-7401 Attorneys for: Plaintiff Michelle Quigley Facsimile: [717] 777-7402 MICHELLE R. QUIGLEY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. GREGORY QUIGLEY Defendant :NO. 04 - 3937 :CIVIL ACTION - LAW :IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301@ OF THE DIVORCE CODE I. I consent to the entry of a final divorce decree 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 decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1r2/1/0'-l ~VCJ~ ' Mic lie R. Quigley ~ S. W ALTER FOULKROD, IV, ESQUIRE Pa. Supreme Court I.D. No. 65207 HEATHER L. HARBAUGH, ESQUIRE Pa. Supreme Court I.D. No. 83997 FOULKROD HARBAUGH 2843 N. Front Street Third Floor Harrisburg, Pennsylvania] 711 0 Telephone: [7] 7] 777-740] Attorneys for: Plaintiff Michelle Quigley Facsimile: [717] 777-7402 M]CHELLE R. QU]GLEY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. GREGORY QUIGLEY Defendant :NO. 04 - 3937 :C]VIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 Q of the Divorce Code was filed on August 10, 2004. 2. The marriage ofthe Plaintiff and Defendant is irretrievable broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. ] consent to the entry of a final decree in divorce dfter service of notice of intention to request entry of the decree. ] verifY that the statements made in this affidavit are true and correct. [understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: /2'/0'( ~ C_~ Grego;? 3uigley ,. ., ~, S. WALTER FOULKROD, IV, ESQUIRE Pa. Supreme Court J.D. No. 65207 HEATHER L. HARBAUGH, ESQUIRE Pa. Supreme Court J.D. No. 83997 FOULKROD HARBAUGH 2843 N. Front Street Third Floor Harrisburg, Pennsylvania 17110 Telephone: [717] 777'7401 Facsimile: [717] 777'7402 MICHELLE R. QUIGLEY Plain tiff v. GREGORY QUIGLEY Defendant Attorneys for: Plaintiff Michelle Quigley :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 04 - 3937 :CIVIL ACTION - LAW :IN DIVORCE CERTIFICATE OF SERVICE I, Heather L. Harbaugh, Esquire, hereby certify that I served a true and correct copy of the Complaint for Divorce upon Gregory Quigley, Defendant, at 4345 Valley Road, Enola, PA, on August 25, 2004, by First Class Mail and by Certified Mail, return receipt requested, and the same was received by him on August 26, 2004, as indicated by the return receipt card which is attached hereto. o Heather L. Harbaugh, Esquire - I SENDER. C;UNlf-JL~lt I HI;:, :::.t::L-IIVI1J II! Complete ttems 1, 2, end 3. Also compl8te Item 4 il Restricted Delivery Is desired. II! PrInt your neme end eddress on the reverse 10 that we can retum thecerd to you. II! Allach this card to the beck'Ol the mallplece. or on the front ff spece permits. 1. Article Addressed to: c;~ D..w~\~_ '''r~LtS 'vcJ\~ ~. ~V""'\ O\<>-..)-P~ D.lsdellveryaddressdlfferentfrom.1tem1? If YES, enter delivery address below: 3. Service Type ~Certlflod Mall 0 Express Mall b -Registered 0 Return ReCeipt for Merchandlle o Insured Mall 0 C.O.D. 4. R_Clod Dellvary? (Extra Fee) Vas 2. ,umber (Transfer from service IaJ PS Form 3811, Augu8l2001 7002 3150 0005 2981 9734 Domestic Return Receipt 102595-02-M-1540 S. WALTER FOULKROD, IV, ESQUIRE Pa. Supreme Court J.D. No. 65207 HEATHER L. HARBAUGH, ESQUIRE Pa. Supreme Court J.D. No. 83997 FOULKROD HARBAUGH 2843 N. Front Street Third Floor Harrisburg, Pennsylvania 17110 Telephone: [717] 777'7401 Facsimile: [717] 777'7402 Attorneys for: Plaintiff Michelle Quigley MICHELLE R. QUIGLEY Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. GREGORY QUIGLEY Defendant :NO. 04 - 3937 :CIVIL ACTION - LAW :IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under 3301(c) of the Divorce Code; 2. Date and manner of service of the complaint: Certified Mail on 8126/04 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by plaintiff: 12/1/04: by defendant: 12/1/04. b. Date of execution of the affidavit required by 3301(d) of the Divorce Code:N/A Date of filing and service of the plaintiffs affidavit upon respondent: N/A 4. Related claims pending: N/A 5. Complete either (a) or (b): a. Date and manner of service of the notice of Intention to file praecipe a copy of which is attached: N/A b. Date plaintiffs Waiver of Notice was filed with the prothonotary: 12/8/04 Date defendant's Waiver of Notice was filed with the prothonotary: 12/8/04 -~dA)~iii: V ^ He er L. Harbaugh, qUi~1 ~ Attorney for Plaintiff Michelle Quigley MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this / S7 day of December 2004 between Michelle R. Quigley, hereinafter referred to as "Wife''', and Gregory Quigley, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 13, 1993, and WHEREAS, certain differences arose between the parties as a result of which they separated on November 15, 2002, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/ or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and WHEREAS, the parties hereto have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since November 15,2002, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and air claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since November 15,2002, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by her. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, except as follows: DESCRIPTION AMOUNT PERSON A. B. C. Car Loan for Oldsmobile Alero Car Loan for Nissan Frontier Cornerstone Visa $13,666.53 $12,720.58 Both Both Both The parties agree that Husband shall hereafter be responsible for paying debts B and C, and Wife shall be responsible for paying debt A. Husband shall payoff any remaining balance on the Comerstone Visa and close the account by January 28, 2005, and shall provide documentation of same to Wife. 2 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION: A. Contents of Wife's Residence: As of the date of the execution of this Agreement, the parties have equitably divided their personal property. Husband relinquishes his right, title, claim and interest in and to the furniture, fIxtures, goods, appliances, equipment and personal items in the possession of Wife. B. Contents of Husband's Residence: As of the date of the execution of this Agreement, the parties have equitably divided their personal property. Wife relinquishes her right, title, claim and interest in and to the furniture, fIxtures, goods, appliances, equipment and personal items in the possession of Husband. C. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (1) Husband shall retain the Nissan Frontier and Mercury Villager. Husband agrees to refInance the Frontier by January 28, 2005, and agrees to obtain this loan without reliance on ajoint LoanLiner at Cornerstone Federal Credit Union. Husband shall provide documentation to Wife that the vehicle has been refInanced pursuant to this Agreement. Husband agrees to be responsible for any late fees or charges in the event that there are any missed or late payments prior to refInancing the vehicle. (2) Wife shall retain the Oldsmobile Alero. Wife agrees to refInance the Alero by January 28, 2005, and shall provide documentation to Husband that the vehicle has been refInanced pursuant to this Agreement. Wife agrees to 3 be responsible for any late fees or charges in the event that there are any missed or late payments prior to refinancing the vehicle. (3) All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle after refmancing of the vehicles has occurred. Until the refinancing of both vehicles, the insurance policies shall be maintained to include both Husband and Wife as insureds on both vehicles. D. Individual Retirement Accounts, Pensions and Employment Benefits Each party shall retain sole ownership and control of their IRA's, Pensions and Employment benefits. E. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife shall retain all of the current balances in her current savings and checking accounts. Husband shall retain all of the current balances in his current savings and checking accounts. F. Property to Wife: The parties agree that Wife shall own, possess, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. G. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, 'assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. H. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 4 I. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries after both vehicles have been refinanced by the parties. Until the refinancing is complete, Husband shall keep Wife as a beneficiary to the extent of her liability for the loan on the Frontier, and Wife shall keep Husband as a beneficiary to the extent of his liability for the loan on the Alero. 9. ALIMONY: Alimony is waived by both Husband and Wife. 10. ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before during and after the commencement of the proceedings for divorce or annulment between the parties. 11. INCOME TAX RETURNS: 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 any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any 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 responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability. The parties shall file taxes together for 2004, and agree that any income tax refund shall be split with Husband receiving sixty-percent (60%) and Wife receiving forty- percent (40%) of the refund. If any taxes remain due for 2004, Husband shall pay sixty-percent (60%), and Wife shall pay forty-percent (40%). 5 12. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will Of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 13. AGREEMENT NOT PREDICATED ON 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 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 an 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 has been" mayor shall be instituted by the other party, or from making any just or proper defense thereto. If is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 14. SUBSEQUENT DIVORCE: Wife has filed an action for divorce under Section 3301 (c) or (d) of the Divorce Code. Simultaneously with the execution of this Agreement, both parties will execute Affidavits of Consents and Waivers of Notice to enable counsel for Wife to proceed with a no-fault divorce as soon as possible, providing Husband with a duplicate decree. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. 6 15. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 16. ADDITIONAL INSTRUMENT: 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. 7 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been fumished with all information relating to the financial affairs; of the other which has been requested by each of them or by their respective counsel. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et.al or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. DISCLOSURE: HU'.band and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 20. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. PRIOR AGREEMENT: lt is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and have no effect. 8 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 23. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. VOID CLAUSES: 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. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. ~fh l/!Q/'Ifj Mi dIe R. Quigley (SEAL) ~ c. Q;0 Gregory Quigley (SEAL) 0C~-L ~ l/{LU/b Witness ' ~ C'f!LC .S1'. If(t{ f (lJ Witness . ri!otanal :::k-,'JJ _ \/ickie L Kulp, NOl'l'j PU,'Jli: Susquehanna Twp., Dauphi:' COl.~~(... , f,..1:,' ("':ommission ExpJr<~" DC1~ >;;+ ::orit;. ---.---.----.--...--.---....-.. . _'-' 'pl.; Notarial Seal Vickie L Kulp, Notary Public Susquehanna Twp., DauphJn County My Commission Expires Dee ?4. :2005 :"'!)'-~'::' P:",'T"(3'.,1 .<,,), ,;; I' ~9"'nb~;r Pp,iln<3v1"- 'c. t;, . ','(TIH 9 11.1 if ':~:?}I COMMONWEALTH OF PENNSYLVANIA: ~ COUNTY 0 ... . .. U ss ,~I~,:;, NOlary pubric ,":~., "':' ~".'p. f):iclphin Count\' '"fJ". >~_ ::~ ::1 '-'?' CIBC ,~~~:..~c:?~""_~ ~'-,<... ,:.";' dO;~l/L.- .~ . BEFORE ME, the undersigned authority, on this \ day of 00J \Y\,l\.Q(, 2004, personally appeared MicheIle Quigley, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. ~. \,. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~ day of -J.JI.C'XllllU' (, 2004. '-( )A/l jJ /.-0 ~ lJ{uJ ()) Notary Public in and 'for the Commonwealth of Pennsylvania COMMONWEALTH OF PENNSYLVANIA: COUNTY O~~p)U VL t~1tar."}i SeD] ':ieke L. t(,,'IP, rJi)t8!1"!:libh: SiJ::,:;:uehanr,-:'l TWj-J., Daut:;inC,'O'.:C" I'.~V Y'~,:,.tr'n=f"~'ior, F<~: 6.-";. :~";'-' .~~~'J~J ss . --'," .P'- ~,_,___..: ,.1L ~;~ ,~;,r t-.~. --\\'''',,, ^ ,. I, ^ , BEFORE ME, the undersigned authority, on this \ day of ~,2004, personally appeared Gregory Quigley, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. ----- ~M\' \",,GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~O\..~1'2004. clay of "{)liJ;X^/~ v{ Ld.~ / Notary Public in and for tHe Commonwealth of Pennsylvania 10 ~~~~++~~~~~~~+~~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . if'~~~:ti+ +.+~++~~,+::li+~~~ ;+;+~ ~;+; +;+;+~+ "" + ~ ~ ;+; "" if' ~ ~ + ~ ++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ++~~+~++++++++++++~ ;+; ,. ~++.;+; IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF MICHELLE QUIGLEY No. 04-3937 CIVIL TERM Plaintiff VERSUS GREGORY QUIGLEY Defendant DECREE IN DIVORCE .;tg: ')A.M . ~, IT IS ORDERED AND AND NOW, j"" ~1\l'15' MICHELLE QUIGLEY . PLAINTIFF, DECREED THAT GREGORY QUIGLEY , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; The attached Property Settlement Agreement is incorporated .. -'" but not merged to the Decree in Divorce.' ""~ Amso~ . __ PROTHONOTARY . ~++++++++++.+.+~+++++++++++++++.++.+++~+++++:ti+++ if' :+: :+: +~+ J _ ~7:Z r7"".-w- :r7/1t... ji/ (JII ~~ fEg~~/ rV 5,,~il