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HomeMy WebLinkAbout03-0803JOHN A. MURRAY, III, Plaintiff Vo JANICE E. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ·CIVIL ACTION - LAW ·NO. 66- fO3 CIVIL ·IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 JOHN A. MURRAy, III, Plaintiff Vo JANICE E. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT Plaintiff is John A. Murray, III, an adult individual currently residing at 21 Cornell Drive, Camp Hill, Cumberland County, Pennsylvania. Defendant is Janice E. Murray, an adult individual currently residing at 104 Juniper Drive, Mechanicsburg, Cumberland County, Pennsylvania. o Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on June 26, 1986, in Harrisburg, Pennsylvania. There have been no other prior actions for divorce or annulment between the parties. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. o Plaintiff and Defendant are citizens of the United States of America. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. 11. COUNT II Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 13. Plaintiff and Defendant are joint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 24. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. Respectfully submitted, Mary~ ~atas, Esq~e" Attorney Jo~ Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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. Section 4904, relating to unswom falsifications to authorities. ~[(~HN A. MU~R/(Y, III, Pl~}Otiff - FZ JOHN A. MURRAY, III, Plaintiff VS. JANICE E. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-803 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under {}3301 (c) of the Divorce Code was filed on February 24, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. {}4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 0'~)HN A~-MURRAY~ Ph~niiff(~ JOHN A. MURRAY, III, Plaintiff VS. JANICE E. MURRAY, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-803 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divome 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE:~Zb~j 7' ~/otr}'~-a --- tSbHlq A: MuRO, ak'~,-Plaindff-ff- JOHN A. MURRAY, III, Plaintiff VS. JANICE E. MURRAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-803 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on February 24, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: JOHN A. MURRAY, III, Plaintiff VS. JANICE E. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03-803 CIVIL TERM : 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST IHE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divome 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. {}4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. llri JOHN A. MURRAY, Ill, Plaintiff VS, JANICE E. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-803 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Divorce Complaint in this matter and acknowledge receipt of a copy of it on or about March 7, 2003. Date: February 12, 2004 SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS .4 GREEMENT, madethis '~_~dayof (~)c;]~:15,~/ ,2003, byand between J`4NICE E. MURRA Y, of~, Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife", AND JOHN .4. MURRAY, III, of 21 Comell Drive, Camp Hill, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on June 26, 1986, in Harrisburg, Pennsylvania. WHEREAS, 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, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Properly Settlement Agreement; WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal fights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly --Page 1 of 15-- conversant with and know accurately the size, degree, and extent of the estate and income of Wife; and NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafler set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: Advise of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, of other unfair dealing on the part of the other, or on the part of the other's counsel.. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which for --Page 2 of 15-- the basis of this Agreement between the parties. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. Agreement not a Bar to Divorce 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 to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the party of the other party which may have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The patties intend to secure a mutual consent, no-fault divorce pursuant to the terms of §3301(c) of the Divorce Code of 1980. Agreement to be Incorporated in Divorce Decree: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be --Page 3 of 15-- entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Personal Proper~v: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, fumishings, rags, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereinafter 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 of the property in the possession of Wife shall be the sole and separate property of Wife. With respect to any personal property not previously divided, the parties will refer to the listing of personal property included as Exhibit "A." The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. --Page 4 of 15-- Marital Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has in any way obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. In addition, though, since the time of separation, the parties have made full and final payment on all outstanding joint debts including debts owing to Susquehanna Valley Federal Credit Union, Exxon, American Express, Eddie Bauer, Spiegel, Disney, CCCS. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. In the event it is necessary for the parties to execute any documents to waive, relinquish or transfer their rights or interests in the aforesaid accounts, they will do so within fifteen (15) days of being requested to do so by the other party. 10. After-Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or fight of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. --Page 5 of 15-- 11. a.) Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: At the time of execution of this Agreement, it is acknowledged that Wife is in possession of a 1998 Honda Accord. Wife shall assume sole and exclusive responsibility for repayment of any debt due and owing on the account of the aforesaid vehicle. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever with respect any such debt associated with said vehicle. Husband hereby conveys any and all right, title, and interest, he has or may have in the aforesaid vehicle. 12. b.) Husband shall retain sole and exclusive possession of the parties' 2000 Volkswagon vehicl~ Husband shall assume sole gnd exclusive responsibiliW for repayment of any debt due and owing on the account of the aforesaid vehicle. Husband shall inde~i~ Wife and hold her h~less from and against any and all demands for payment or collection activity of any nacre whatsoever with respect ~y such debt associated with said vehicle. Wife hereby conveys ~y ~d all right, title, ~d interest, she has or may have in ~e aforesaid vehicleA Real Estate: The parties were former joint owners of real estate located at 104 Juniper Drive, Mechanicsburg, Cumberland County, Pennsylvania, which property was sold to a third party purchaser for value on June 24, 2003. It is acknowledged --Page 6 of 15-- 13. 14. 15. 16. that the proceeds received from the sale of the aforesaid real estate were first applied to pay the parties' joint debts as listed herein in paragraph 8. The remaining proceeds were divided equally between the parties so that each party received approximately $6,100.00. Neither party will make any claim against the other relative to any receipt of additional benefits as a result of the aforesaid sale. Reciprocal Waivers of Pension Interests: Husband and Wife agree to waive any and all right, title, or interest in the other party's Individual Retirement Account(s), Pension(s), Annuities, profit-sharing plans, or other retirement accounts or plans. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. Spousal Support, Alimony, Alimony Pendente Lite, and Spousal Maintenance: Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times --Page 7 of 15-- to come and for all purposes whatsoever, of and from any and all right, title and interest, 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 he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as 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 te~tory of the United States, or (c) any other country, or any rights which either party 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 Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or 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. --Page 8 of 15-- 17. 18. a.) b.) Child Support: Husband shall pay the sum of $500.00 per month to Wife as child support for the parties' minor children, Lauren Michelle Murray, bom April 8, 1990, and John Alexander Murray, IV, born August 21, 1997. The parties shall equally divide any uninsured medical expenses for the children. ]F~ ~,,in he di¥ided ~q,,~l!y ~:t'::zzn tke ~u:!~rcn aa that $250.00 ,~till he UaI£~U llliU [ill[~il (*~f [il~ cidld~.n% .~,~ .................. ~m un of befol~ ~1 Said monthly payment may be modified in accordance with Domestic Relations guidelines. Divorce: Husband has commenced an action for divorce against Wife pursuant to §3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divome docketed to No. 03 -803 Civil Term, in the Court of Common Pleas of Cumberland County, Pennsylvania. Both parties shall, at the time of execution of this Agreement, furnish Husband's counsel with signed Affidavits of Consent and Waivers of Notice of Intention to request the Entry of a Decree in Divome. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement. Further: This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. of the Pennsylvania Code, Act. No 1980-26. This Agreement may be offered in evidence in the action for divorce and may --Page 9 of 15-- 19. 20. 21. 22. be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. Legal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. Remedy for Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes and equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. Summar~ o£Effect of Agreement: It is specifically understood and agreed by and between the parties hereto, and each patay accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' --Page 10 of 15-- 23. 24. rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is no, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a party of the marital estate. Further, the parties agree that for tax purposes for the tax year 2003 and all odd numbered years hereafter, Husband shall claim the child, Lauren, as a tax dependant and Wife shall claim the child, John, as a tax dependant. In the year 2004 and all even numbered years thereafter, Husband shall claim the child, John, as a tax dependant and Mother shall claim the child, Lauren, as a tax dependent. Mutual Cooperation~Duty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full rome and --Page 11 of 15-- effect to the provisions of this Agreement. 25. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 26. Severabili~: 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 exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 27. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and 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 in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be --Page 12 of 15-- 28. 29. construed as a waiver of strict performance of any other obligations herein. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set froth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divome and may he enforced as an independent contract. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 30. Notices: Any and all notices given hereunder shall be in writing and~sha~ sent registered mail, return receipt requested: ~ a.) To Husband in care of Griffie~'~ates at 200 North Hanover Street, Carlisle, PA 17013~'~'''~ ofAndes, Esquire, P.O. Box 168, Samuel L. Samuel L. Lemoyne, PA 17043 31. Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. --Page 13 of 15-- 32. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way defied, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 33. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 34. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: bat[ --Page 14 of 15-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of ,2003, before me, the undersigned officer, personally appeared JANICE E. MURRAY, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein Contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY oF dayof 0 (~-~/) ~'],tJ- ,2003, before me, the undersigned On this officer, personalty appeared JOHNA. MURRAY, II1, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. FN WITNESS WHEREOF, I hereunto set my hand and official seal. Pubgc '~ --Pagel5ofl5-- Property Settlement Agreement for contents of 104 Juniper Drive, Mechanicsburg, PA 17055 John A. Murray III and Janice E. Murray Livin~ Room Item John Janice Comments Sofa X Loveseat × Glass\Stone Coffee Table X Small TV stand X Toshiba 31" Color TV X Panasonic VCR Player\Recorder X 2 CD Racks - IKEA X Music CD's X Antique Phillips Free-standing Radio X 2 Touchier Lamps X Dane Dbcor Leather Chair/Ottoman X 4 Natural Wood - Handmade snack tables and 2 matching stools X Corner PC Unit X Hewlett Packard P Pavilion PC X Hewlett Packard Ail-In-One Printer X PC swivel chair X Kitchen Item John Janice Comments Freestanding electric water cooler To be decided .... Oregon Scientific Digital Thermometer X George Foreman Grilling Machine X Stainless upright paper towel holder X Food Saver Machine (food sealer). X wine glasses X X Divide equally marguerita glasses X Pilsner Glasses X Corning Dinnerware - 6 place settings X 12 Arcroc plates X 6 Arcroc large bowls X 6 Arcroc small bowls X 5 Arcroc small salad plates X 8 Glass corn dishes X 4 Pottery soup mugs - purple\multi color X 4 Pottery soup mugs - multi color pastel X 2 - 9xl 3 lasagna glass baking dishes X X iOne eachll EXHIBIT Kitchen (Continued) Item John Janice Comments 1 - 8xl 1 lasagna glass baking dish X X Divide equally 2 Meat platters X X (One each) 2 corning serving dishes with lids X X (One each) 10-pc Pampered Chef Cookware X 4 Cutting Board X X (Two each) 2 Cookie Cooling Racks X Lettuce spinner X 3 Graduated wood cooling racks X Farberware Electric Stainless Wok X Sunbeam Toaster X Kitchen Food Scale X Chef's Choice Electric Knife Sharpener X Bagel Biter- bagel slicer X Henkels Cutlery: 10" chef's knife X 8" chef's knife X 6" chef's knife X 6" filet knife X 4" paring knife X 3" paring knife X bread knife X meat fork X sharpening steel X 4 miscellaneous stainless steel knives X X Divide equally 8" Ali-Clad Stainless Omelet Pan X 8-piece Calphalon Cookware X 2 Cheese Graters (Zylon and Pampered Chef) X X (One each) 2 Ice Cream Scoops X X (One each) Miscellaneous spatulas and wood spoons X X To be divided equally 2 Pampered Chef Pizza Stones X Pampered Chef 10x13 Jellyroll pan X Pampered Chef 8x10 bar pan X 2 sets of Grilling Tongs X X (One each) 2 Metal Grilling spatulas X X (One each) Miscellaneous baking pans X X To be divided equally Sunbeam Blender X Cuisinar[ Electric Hand Mixer X Cuisinart Machine\10 Blades X Cuisinart Pasta Attachment X Cuisinart Orange Juicer X Mini Cuisinart Dicer X Stainless Steel flatware - 6 Fdace settings x Eating Area Item John Janice Comments Amisco Dining Room Table and 4 Chairs X Amisco matching bar stools 3 X Family/Room Item John Janice Comments 3 Black triangle sic~e tables X 6-piece sectional sofa + 2 ottomans X IKEA Glass/metal round side table X Pioneer 50" TV X Black/Chrome Magazine Rack X 'Wooden Remote Control TV caddy X 2 Southwestern Wedding Vases (mantel) X 3 metal candle holders - sun, moon, stars X Toshiba VCR Recorder\Player X DVD Player X (John already has) Video Tape Rewinder X Wooden Video Tape Storage Rack X Small Maple desk/dresser X 2'stainless torchiere lamps X Powder Room Laundry Area Item John Janice Comments Oval white mirror ? Maytag Washer X Maytag Dryer X White Wire rack for over washer/dryer X Step stool X 14 Hand towels X X , (To be divided equally) Master Bedroom Item John Janice Comments Henredon Furniture: 3 three-drawer dressers-and base X Large mirror X 2 nightstands - 2 drawers each X Lattice headboard X Armoire X Queen mattress/box spring/frame X Comforter - full\queen X Coordinating bed skirt X Coordinating pillow shams X Coordinating window toppers X Coordinating wool area rug X Coordinating lamp X Plum Flannel sheets - queen X Grey cotton knit sheets - queen X Natural wooden "X" magazine rack X Proton Clock Radio X Master Bedroom's Bathroom Item John Janice Comments Sony Shower Radio X Braun electric toothbrush X Natural wood oval magazine rack with wood spindles X Brookstone Digital Thermometer X Shower Shelf - 4 shelves on tension rod X Waterpik X Plum bath & hand tov~els/wash clothes X Eyeball lamp X Hamper X Green bath & hand towels/wash clothes X Lauren's Bedroom Item John Janice Comments To be used in Lauren's room 2 - five-drawer dressers X at new residence 1 large matching mirror X 1 desk/chair X 11 twin bed frame/mattress/box spring X 3-shelf wooden bookcase X Arizona Comforter X Arizona Pillow Sham X Arizona bed skirt X Arizona window toppers X Arizona chair pad and pillow X Hamper X Alex's Bedroom Item John Janice Comments To be used in Alex's room at Wooden bookshelf X new residence White laminate bookshelf X 1 twin bed frame/mattress/box spring X 1 twin headboard X Maple (Nautical) 4-drawer dresser X Maple mirror for dresser X Small children's wood table and 4 chairs X 3 Wooden primary colored wall shelves X Traffic Light lamp X -- Dump Truck lamp X Hamper X Guest Bedroom Item John Janice .Comments IKE~ white full\queen headboard X IKE^ white 2-drawer dresser ..... X IKEA Natural chair/ottoman X IKEA white Corner shelf X IKEA white two-door cabinet X IKEA white two nJghtstands X Guitar on metal stand X Full size mattress/box spring/bed frame X Main (Children's Bathroom Item John Janice Comments Braun electric toothbrush X~ Health-O-Meter scale X Yellow bath & hand towels/wash clothes Basement Item John Janice Comments 9 ft wide IKEA wood s~orage shelves X ' 2 - 6 ft wide IKEA wood storage shelves X Antique wooden/glass washboard X 10 bath towe~s (used for the gym) X X --(To be divided equally) Small Litton m~crowave X Gray table (from State surplus-Jack) Jack??? 3wooden crates with record albums X Dehumidifier ??? 4-piece gray luggage set X - Green Polo suitcase X Green Polo canvas car bag X (currently houses 3-drawer white dresser X craft/sewing supplies) To be held until later in the Various boxes of Christmas decorations /ear and divided as agreed (Currently packed from last Christmas) X X u )on Byers Cho'ce Christmas Caroler's X (Janice and Lauren's) Sentry Safe X IBM 2-drawer rolling file cabinet Cane seat/wood chair X 2- sets wooden saw horses X Miscellaneous gift wrapping paper and iftbas I I Basement (Continued) Item John Janice Comments LifeCycle Exercise Bike X Rowing Exercise Machine X Family Photographs X To be held until a later time and divided\copied by Janice as previously discussed Black metal 5-self unit X -- 2-shelf wooden bookcase X - Panasonic Color TV X Cedar Chest 4-drawer metal filing cabinet X 2-two drawer metal filing cabinets X 4 stacking laundry baskets X Antique tube stereo amplifier X Adcom Digital Stereo Tuner X Adcom Stereo PreAmplifier X 1 pair Genesis 320 Stereo speakers X Cordless Drill X (John already has) Antique (wall-mount) drill press X Currently houses Christmas 2-door laminate cabinet X dishes German Christmas dishes X Shop Vac vacuum X Packard Bell PC X 2 Air Mattresses (1 twin/1 quee_n)/pump X 24 x 24 window fan X Rowing machine X Miscellaneous Art Framed Prints Item John Janice Comments Kokopelli Framed Print X Currently over fireplace Framed/matted Menus: Eating Area Gingerbread Man X Scouzi X Croc N Berry X Sardine Factory X Leona's Stinkin' Rose Club - Chicago X Hard Rock Caf6 -Wash. DC X Armadillo's X Houlihan's X Beanstalk X Rod's Roadhouse X California Caf6 X Framed/matted abstract watercolor X Currently above bed in - master bedroom Framed/matted print "Men with Broken X Print was purchased by Hearts" - Donald Vann artist Janice with ~ift mone~, Miscellaneous Art[Framed Prints (Continued) Item John Janice Comments Framed print_-:- Einstein X Framed Print - Ansel Adams X Framed original Purple/Green abstract Upstairs hallway fan/strings X Green/peach floral watercolor -- (Previously Sherry & Glenn's) X Upstairs hallway Framed/matted Southwestern print- signed by artist "Todd Abbott Winters" X Framed/matted Photo at Mystic Seaport - old-fashioned bicycle X Framed/matted original signed pastel- -- Reid's Instrument Shop X ,6 mauve hanging pots-Colorado X Clay 3-face mask wall art X Foyer -- Black frame/colored metallic art - 3D X Foyer Silver mirror - sunburst X Foyer Sunburst Face - pastel pottery X Easting Area Framed/matted Feather picture X Master Bedroom Framed/matted print -"The Redbud Tree" X Garage Item John Janice Comments 2 metal shelf units X Wooden workbench X 2 Rubbermaid Garbage Cans X -- Honda Lawn mower X Toro Snow Blower X Gas Leaf Blower X Gas Weed Whacker X Electric Edger X Hand-held seed spreader X Miscellaneous Gardens shovels/rakes X X Divide equally Children's gardening tools X (Alex's) 2now Shovels X X One each) Wooden Toboggan X 3 wooden sleds X 16" Bicycle X (Alex's) 20" Bicycle X (Lauren's) Battery-Powered Jeep riding toy X (Alex's) - 4 Driving Lights in original boxes X ! Patio Yard ' ' Item John Janice Comments Stainless Steel Sunburst X Patio Glass/Metal Table X 4 White chairs X 2 white lounger chairs X (John already has) 2 white side tables X 1 Gas grill X Garden hose/cart X Garden hose/plastic storage pot X Miscellaneous Other Item John Janice Comments Canon EOS 650 Camera/200 mm lense X (John already has) Camera Flash/Carrying case X (John already has) Basketball Backboard - Lauren X The undersigned, JOHN A. MURRAY III AND JANICE ERB MURRAY, completely agree with this Property Settlement Agreement for the distribution of the contents of 104 Juniper Drive, Mechanicsburg, PA 17055. jd~/h~ A~ Murray Ill Date JaniCErb Murray ' Date JOHN A. MURRAY, III, Plaintiff VS. JANICE E. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03-803 CIVIL TERM : IN DIVORCE .PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under {}3301 (c) ~ 91 (d)(1) cf thc Divorce Cod~. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by Acceptance of Service on Mamh 7, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) &the Divome Code: by Plaintiff: July 7, 2003, by Defendant: January 29, 2004 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date °f filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: July 11, 2003 Date defendant's Waiver of Notice in §3301 (c) Divorce was flied with the Prothonotary: January 28, 2004 Attorney for Plaintiff IN THE COURT OF COMMON OFCUMBERLANDCOUNTY STATE OF ~ ,TC)R'N A. MTTRRA¥~ TTT, Plaintiff VERSUS JANICE E. MURRAY. Defendant PENNA. PLEAS No. 03-803 Civil Term DECREE IN / DECREED THAT AND Janice E. Murray, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOL. LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Separation and Property Smtt]em~nf dmted Oct~bmr 8~ . 2003, is incorporated hereint but not merged. B Y~/~C~rT: ~ PROTHONOTARy