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Home My WebLink About01-0250 FX '" '" '" '" "'''' '" , .. "''''''' '" f~ , , , , , . , , , , , . , , , , , , , , , , , , , , . , , , , , , , , , , . . , , , , , , , , , , . . , , , , , . , , , , , , , . , , , . , 1,' , " "'''' '" "'~ ~ '" ~ ~ "''''''' "'''''''''' '" , " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF James B. Murdoch, Plaintiff VERSUS Joy L. Murdoch. Defendant AND NOW, PENNA. NO. 01-250 DECREE IN DIVORCE "J lJrtwo- 17 ~ ~ 8: S-OA.,Ji . PrJ, IT IS ORDERED AND DECREED THAT James B. Murdoch , PLAINTIFF, AND Joy L. Murdoch , DEFENDANT, 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; It is further ordered that the terms of the attached December 21 2001 ';-"-""---' ",,- 'l-~ Marital Settlement A not reement are hereb final decree. Am5f7~ J. PROTHONOTARY '" ,.,'" "''''''' '" ., , '" '" '" '" , . . , . , , . . . , , , , , , , , , , , , , , , , , , , . , , , , . , . . . , , , . , , , . ~,. - ="".~'-~- ,'~ ~ -,~. ,-" 1'__-<_ , -~" - ',f ~," ~" ~~~-~" ",,-,~~- -,~ . .~.~ ff! ~ ~IA ~p-7-~~'/P I ' '-- ,-, <1'.",.., ;. . ~, ('o.c:./-I t"'I? .t!./ -/ ..\ " . - ., --" ~" --,,~--" . . ~ 1 ~ .~- , ~~ ~~~. IlIr~~~w~~ ""f ~~~Ill!l~_Q1 J.!I.! "'$ , Murdoch MSA . .. James B. Murdoch, : Plaintiff IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. NO. 01-250 Joy 1. Murdoch, Defendant CMLACTION - LAW IN DNORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2001, and service was obtained upon the defendant by certified mail number P 016 244 737 on January 17, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. Date: \ '- \. '-, \-c.....e , Page 20 of 26 -e'"\,,,...,- ~_ _]' -" 'I "'1 "'i ~-- -''''"''~-~~"'''''''''''~'~''~ . "._".. ~- jJ . '.'1"('" "1"Tor , . '" ~ 0 C.J C N "-; -att i1 '-- rnr'0 ~ ~~' .~- l1 (.::;;:: , I~ --". .~. "_'C,.' ~-) L, ~::> ;:;~:! =< \D :;:1 -< i'lo_, " .,._q ~:lr 1 ~--- _r ~ y'! "".e,." ,. .,~)!tllfm'i~F'l!iF'r'WI*"""\t""_W~~~!.'!i'ffl~~~H~Jfl1!l-'!!~~.~ "w,,,,il! l Murdoch MSA "".' .. James B. Murdoch, : Plaintiff IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. NO. 01-250 Joy 1. Murdoch, Defendant CMLACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2001, and service was obtained upon the defendant by certified mail number P 016 244 737 on January 17, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.SA Section 4904, relating to unsworn falsification to authorities. Date: I;) -'":) 1- 0 I .mw rdoch Page 22 of 26 ~ ~ , j!~T - ~ - """"'I" ~.~,~., ..., .~~'T ~,~...'" ,..,~"..", , I" , , ~, " -"'.""_"'"'''''''''O:'''f_;'"' ""r-ii"" 1Im.ilrrrnK I~TiJi I. iiTliW'F'"llf"'Y o C"" :g~~ L;!r-:-7 -C'- i;5r;::' ___0.___ r;l t7 S:C': ~C~ ,..D.c' -;;.. ::::} -< l C) f\,) c.... ,'-:.:Jm, --.10" "'4"~ C;:l -- h'~,: ., ~ ",jJ' grr~; ..,.~" 5j "" :::J 'D ._,i!j1'jfj~'.1r#iij~!!'ij~'m'r~~"''1''!''~''':%f''i;-r,-#'\~~~;;!__~;t:...~.~~~W'1m''l'NJ:W~':''iJllli~~C'''''''''" .,,~; "'~ffll!~ _ " Murdoch MSA James B. Murdoch, : Plaintiff IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. NO. 01-250 Joy 1. Murdoch, Defendant CMLACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF mE 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: \,-\'2..'\~' \',-~l) Page 21 of 26 ",-'1 It . ~ I'; . ^, <- .. - -:'"''''''' ,-~!~" -~ 'l'I!f)~ '_~r ""C~__ ~,'.' .C.'I'n'rn' I _<,_..,..~JI'lI!I:lftq~~~~F';W~'i'~W;:"T-":"";"'''';>'~'"F"1~,~~~t~~~~m~Mlr',""r_~~ () C) (~: e- N "'D-~;:-; '- r" L~.; :"';:;';' ~,;.~':~: ~ I CO )> CO ~t:; "'" -n ~~~~ -"- GJ ~ :::~ ---"'1 -< tD " -4. , MurdQch M$A James B. Murdoch, : Plaintiff IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. NO. 01-250 Joy L. Murdoch, Defendant CMLACTION - LAW IN DIVORCE 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: I ~ - d 1- 0 I ~ J IY)Wldo=P, Joy L. r4&:h Page 23 of 26 -.'nw~_ ", .' , ' "I ~~ :. ~ I !'\ ~~ ~C] ~ <,. '~'^ ,~ , '1 ,~, ,.,.,nrrlifll' ,"",'''''''~~' . ~-'~~-l- ~ ~~ ,'~ _-_"","r_'~ ,-,''',- ,- ~"" ".'" ,'" ' ,,', C', "''"~'n-'''H' I IllJ I] "I, Jl!1ln'"t'''f''j ~ 0 c;, Q c r~....i <~ -Ca; ;r~'!... ., n1r::-, ~~t -::i'-;'~ , , Co --. . r..:c~ -- :i;;,~." ""?"'-- ~~? i~~ : -j :2: ~::"JI :< :::> =:-j , c -< ~~ ~r~I"'o/"",_~"'J"~~l;:,;;~p'i..,~r;;~~,"",."f1,,",",,;;:,;lj'P.r"'!'1j!'!fffi11!B'!il\-~~~JW':'1iW~!!!'iiiiil';-I!!4~M~ii!J!! , " " James B. Murdoch, Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v. No.: 01-250 Joy 1. Murdoch, Defendant Civil Action - Law In Divorce ;' MARITAL SElTLEMENT AGREEMENT December z. \ ,-, ,2001 . ,- "-'-'''~ , ~ -" .", , \ . Murdoch MSA TABLE OF CONTENTS SECTION PAGE L SEPARATION AND NON INTERFERENCE: .... . ... ......3 2., RECONCILIATION:.......... ........... ............ .4 ~ ENFORCEMENT; .................... ...................... ............. ............. ........ 4 :L SPQ.lJSltkS.lJPPQJsTlAkLMQNYlt\l.lMQNY..!:'ENQ[lNTE..kJTE.LAPULCQSTS..ANQ EXPENSES. HEALTH INSURANCE. AND CHILD SUPPORT:... .. 5 Ii., AklMQN.Y. .... 6 !.h HEALTH INSURANCE FOR WIFE ............ . ........7 C. CIUhPSIJ.P.!'QRT.......... ............ . .......... 7 5... EOUlTABLE DISTRIBUTION:. .... . ......... 7 A PREfACE.:............ . .. ...... ...... 7 B. DISTRIBUTION OF ASSETS .............. .. ................. 7 .L WII'E'.S..A.S.SETS:.............. ................................ 7 L HUSBAND'S ASSETS ........ ......8 3. AS.Sf\I..RIY!S1.QJ:L................ ............ .......... 8 A. REAL ESTATE: 2126 Canterbury Drive. Mechanicsburg. Cumberland Countv. !'mll"Y!:\'ml!.~,..I1Q.:i,'i.mj.rc,!..mjmjJ.,d:V.2..H:i~2LCJ?.r.,1)1i.~.".':).:.. ........... ....... ........... 8 B. DISTRIBUTION AND WAIVER OF PERSONAL..... . .... ......... 9 MAR\IAL,..IAN.GJB.kE.hJ::J.QJ1'iIAN~WkE,..h.SSEIS.AED..n.NQN,MAR\I.A.l...I.6NQlt31-E AND INTANGIBLE. ASSETS. ............... ... ......... .. .......... 9 .L Q.e.!1~.f.'1LDistIjl'!\!.iQI1;........ .............. ............ ... ......... 9 L Possession: ........ .............. .................. ............. ............. .... . .. . ...... 9 .~:. HQJl~~hQl(tf.m;g!.~_hj_~~g~__~~_Q__-P._~I>'?_Qm!LerQQ~Jj.T; ....... ........ .. 9 :l James B. Murdoch Insmanee Group Inc. and 4614 Associates:... .. ..... 10 .5.. V~l1igks: ................................................................ ............................ 10 C. RETIREMENT ACCOUNTfINSURANCE/STOCKS:............. ..... 10 1 f\*.f!!m.!!J:..ki.t"Jl1Sl).ral19.,..Cg.111J2~.lW..,m!Ii!.\jy.!1!jmQ~.L~.6.(:j:.s;JLCEfk'"2; .............. 10 L Charles Schwab IRA account number 6538.6245 ("ffiA') ................ . II D.. .!NIE.NI: ............ .. .... II E. 20l)] T^,"X RETURN(S): .......... ....................................................... II f MIS.C.Ek.lANEQW.S... .................... ..... II 6. AFTERACOUlRED PROPERTY:.. . .............. ...................... .. 12 L DEBTS:....... .. ........... ........ ... ..... ................. ................ .. ........ 12 A Wife's Debts:. .................. .......... 12 12. J:j!\s1?~!1.Q'!;..D~.Qt.s.:.. ............. ............. ..... 12 C. Indemnification: . ............. ................. . 13 8. FULL DISCLOSURE:......................... .......... I3 9. RELEASES: . .. ........ ......... ........ . ... . . ...... 14 10. LIFE INSURANCE: . IS 11. BREACH: .... ................... .................... ........ ......... IS ~~ REPRESENTATION:... ............... . IS t:h VOLUNTARY EXECUTION: ................................ ........ ..... .. .. .. ..... 16 14. ENTIRE AGREEMENT:...... .. ... ... .......... .............. ............. ...... ......... 16 15. PRIOR AGREEMENT: .................. .......... ............ ..... .................... ...16 16. MODIFICATION AND WAIVER: ............ ................... .. I7 . 17. GOVERNING LAW, .................................. ................17 18. INDEPENDENT SEPARATE COVENANTS: .......... ............... .................. I7 19. VOID CLAUSES: .......... ............17 20. DISTRIBUTION DATE:. ............. ............... ............. I7 21. DATE OF EXECUTION: ............... ... ............. ... I7 Page 2 of26 Murdoch MSA , MARlTAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ""2..\ " day of December, 2001, by and between James B. Murdoch, hereinafter called "Husband", and Joy L. Murdoch, hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married on October 13, 1990, in Cumberland County, pennsylvania; WHEREAS, two children were born of the marriage, specifically Alex A. Murdoch, DOB 2/19191 and Ashleigh E. Murdoch, DOB 6/12/93; and, WHEREAS, differences have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto desire to settle fully and finally their'respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony 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. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION AND NON INTERFERENCE: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem: fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlav.fulness of the causes leading to their Page 3 0/26 ;~ ---", , ~.M _ _ _= "'""""''''''" " ", . Murdoch MSA 1 living apart. Each party shall be free from interference, authority and control 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 molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. Neither party shall say or do anything to negatively influence or alienate the minor children from the other parent. 2. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguished, discharged, terminated, invalidated or otherwise affected by a reconciliation between the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. 3. ENFORCEMENT: The parties acknowledge that Husband filed with the Cumberland County Court of Common Pleas, Pennsylvania, to docket number 01-250, Civil Term, a no-fault divorce action pursuant to Title 23, section 3301(c) of the Pennsylvania Divorce Code and amendments thereto and Wife filed an Answer thereto raising claims for Alimony, Alimony Pendente Lite, Counsel Fees and Costs, and Equitable Distribution. It is specifically understood and agreed by the parties that the provisions of this agreement relating to equitable distribution of property and all other matters contained herein including but not limited to support, alimony, alimony pendente lite, counsel fees, costs and/or expenses are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be submitted to the court at the time of Page 4 of 26 7""", c, __"_",, "_'_"~"_' _ _ ,- 1_' 1-b ,- ,-, _,I Murdoch MSA , filing the praecipe to transmit the record to conclude the divorce. Any claims raised by either party in his or her respective complaint(s) or answer(s) shall be deemed to be resolved by way of this agreement. Any claim raised by either party in his or her pleadings of record that are not addressed by the terms in this agreement shall be deemed to be knowingly waived by the party who raised such claim in pleadings of record. The parties agree to execute their respective Affidavit of Consent and Waiver of Notice and proceed with entering same to the court docket for the purpose of finalizing the divorce action simultaneously with the execution of this agreement or as soon as practicable thereafter and shall so execute such documents upon request by either party. Each party shall further execute any and all documents which may require his or her signature for the purpose bf effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENSES, HEALTH INSURANCE, AND CHILD SUPPORT: Husband and Wife hereby acknowledge that they have been advised or have the right to obtain advice in regard to the fact that each may have the right Page 5 of 26 :~ r-.",,-, T' I ,"", l~ , Murdoch MSA to assert a claim for spousal support, alimony, alimony pendent lite, counsel fees, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available in their divorce action. Husband and Wife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and propeities passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, costs and/or expenses, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto. The parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimoi-w, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. Wife's alimony pendente lite award docketed to the term and docket identified in preceding paragraph 3 shall terminate with the date of execution of this agreement and the terms and conditions set forth herein relating to alimony shall become effective upon the entry of the final decree in divorce. Husband and/or Wife shall have the right to have the alimony provision enforced through the Domestic Relations Section of Cumberland County, Pennsylvania and both parties shall undertake the necessary steps in order to meet the domestic relations office requirements. A. ALIMONY: Wife shall be entitled to receive and Husband shall pay to Wife the following sums in the form of alimony and for the periods so identified, taxable to Wife as income and deductible for Husband for purposes of taxes: a. From January 1,2002, through June 30, 2002, $600.00 per month; Page 6 of 26 '0",,';"1'1, ,,_, , ' _ '.'<,,_C'_ ." -~ ' " . ^ ~~,- Murdoch MSA b. From July 1, 2002, through December 31, 2003, $400 per month; and, c. Wife shall have no claim for alimony beyond the terms so identified herein. Husband's obligation shall continue in accordance with these terms regardless of Wife's cohabitation with a member of the opposite sex or remarnage. In the event of Husband's and/or Wife's untimely death during such periods defined, then such obligation(s) shall terminate. HEALTH INSURANCE FOR WIFE: Husband shall pay Wife's health insurance premium from January 1, 2002, through December 31, 2003. Such payment shall not constitute ;' alimony. CHILD SUPPORT: The parties agree that child support shall be governed by and through Cumberland County Domestic Relations Section, Docket Number 992 S 2000, PASCES number 254102832/30207. 5. EQUITABLE DISTRIBUTION: A. PREFACE: The parties have valued to the best of their ability their entire marital and non-marital estates. The parties have made use of the information provided between them or their respective counsel, and/or statement values associated with such assets, and/or have attributed fair market values, and/or other agreed upon values to such assets and for purposes of negotiation and settlement, hereby stipulate to such valuations. B. DISTRlBUTION OF ASSETS: 1. WIFE'S ASSETS: Husband does hereby grant, convey, transfer, assign, and deliver and set- over unto Wife the assets so identified within this agreement; said assets shall be and remain the sole and separate property of Wife hereafter, free of any claim by Page 70f26 -" <--, , Murdoch MSA , or interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Wife hereafter. 2. HUSBAND'S ASSETS: Wife does hereby grant, convey, transfer, assign, and deliver and set-over unto Husband the assets so identified within this agreement; said assets shall be and remain the sole and separate property of Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Wife does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets'; which shall be and remain the sole and separate property of Husband hereafter. 3. ASSET DIVISION: The parties hereby agree that the following assets shall be divided in accordance with the terms as provided herein. Husband and Wife agree to execute any and all documents required to effectuate the intent herein: A. REAL ESTATE: 2126 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, parcel number 42 29 2458 21 ("premise"): 1. The parties are owners of the premise identified above as tenants by the entirety. Currently, there are two (2) mortgages on the premise; specifically, a first mortgage with GMAC account number 161887807 and a second mortgage with Fulton Bank account number 641372398. 2. Within thirty (30) days of execution of this agreement, Husband shall liquidate the retirement account identified hereinbelow in section C(l) and payoff the Fulton Bank second mortgage. 3. Wife shall be solely responsible for any and all GMAC mortgage obligations including but not limited to all real estate taxes, utilities and municipal assessments, and repairs, costs and maintenace. Page 8 of 26 "'f"l!l!l' '",-_do' _""'!'_,~, _d " c,_, _ =_ 1- _~,^ . , Murdoch MSA , 4. Wife shall refinance the premise within ninety (90) days from the date of this agreement in order to release Husband from said the GMAC mortgage obligation. Husband shall continue to make the mortgage payment to GMAC during the 90 day period through which Wife secures the refinancing. 5. Husband agrees to execute a transfer deed relinquishing his interest in the property at anytime Wife's lender requires evidence of such relinquishment. B. DISTRIBUTION AND WAIVER OF PERSONAL MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: 1. General Distribution: Husband and Wife do hereby acknowledge that they have divided to their mutual satisfaction all non-marital and marital assets including, but without limitation, business interests, corpotate interests, partnership(s), joint ventures, inheritance(s), jewelry, clothing, retirement accounts, 401k's, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. 2. Possession: Husband and Wife further acknowledge and agree that the assets in the possession of the other spouse unless otherwise so divided by way of this agreement shall remain that spouses sole and separate property, each party hereto specifically waiving, releasing, renouncing and forever abandoning whatever claim, if any, he or she may have with respect to any of the foregoing items which are the sole and separate property of the other. 3. Household Furnishings and Personal Property: Wife and Husband shall each retain all household furnishings and personal property in their respective possession. The parties understand and agree that an RCA 27" TV, cherry dining room set and riding lawn mower are presently in Wife's possession but shall become Husband's sole and separate property upon execution of this agreement. Husband must take physical custody of said property within 30 days of executing this agreement or forfeit the Page 9 of26 1""'l'OI ~ Co ,-~ .- <" ,.- .,. Murdoch MSA property to Wife. Neither party shall assert a right or make a claim against the other for such property at anytime now or in the future. 4. James B. Murdoch Insurance Group Inc. and 4614 Associates: Wife hereby acknowledges and agrees that James B. Murdoch Insurance Group Inc. and the net proceeds from the sale of Husband's interest in 4614 Associates, shall be Husband's sole and separate property with Wife forever waiving, relinquishing and abandoning all past, present and/or future rights, title and/or interests and claims she may have arising from her marriage to Husband. 5. Vehicles: Husband and Wife agree that the vehicles in their respective physical possession shall remain the possession of the party and each shall cooperate if necessary in executing any and all documents to reflect such ownership, including but not limited to titles! insurance documentation and registration forms. Husband and Wife do hereby waive, release, and relinquish any and all claim to or interest in the motor vehicle in the possession of the other. If the title to any vehicle is encumbered by any debt or obligation, Husband and Wife agree that they shall each be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall indemnify and save the other harmless from any loss, cost, or expense caused to either by their failure to make payment of such debt. C. RETIREMENT ACCOUNT/INSURANCE/STOCKS: 1. Erie Family Life Insurance Company annuity number 366-537 ("EFL"): Husband shall liquidate the entire EFL account and from the liquidated funds shall first pay the Fulton Bank second mortgage identified in preceding paragraph 5(A)(2). The parties shall then calculate or have an accountant calculate what the applicable early withdrawal penalties and taxes would be associated with the withdrawal of the EFL account fund. An amount equal to the calculation of the penalties and taxes shall be set aside in an interest bearing escrow account until the parties file their 2001 joint federal tax return. The balance remaining in the EFL account and the balance in the Charles Schwab Page 10 of 26 C'i~.~_ ~"'_ ,'c - --" ~ " '."~ . .,;c ~'" Murdoch MSA IRA account identified herein below shall be added together for purposes of calculating the sum to be paid to Wife based on a 50/50 distribution of these two accounts after tax and penalties. If there are sufficient funds in the EFL account to cover Wife's 50% share, then those funds shall be paid out of the EFL account to Wife. Any balance of the EFL thereafter shall become the property of Husband along with the funds in the IRA account. 2. Charles Schwab IRA account number 6538-6245 ("IRA"): The distribution of this IRA shall be in accordance with the foregoing terms identified in the EFL account with Wife waiving all right, title and/or interest she may have in this IRA. D. INTENT: This Agreement is intended to distribute all property of the parties, whether real or personal, and wh~ther determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the owner thereof and each of the parties will execute any and all legal documents without any charge therefore to evidence title to such property in the other party. E. 2001 TAX RETURN(S): Husband and Wife shall jointly file their 2001 tax return(s). Any 2001 tax liability shall be Husband's responsibility and any refund due shall be shared between the parties equally. F. MISCELLANEOUS: ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and deliver to the other any deeds, documents, records or closing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Page 11 of26 !. '.f--i' ~', 'I. , - Murdoch MSA . Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 6. AFTER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are 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. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, ifuntitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 7. DEBTS: A. Wife's Debts: Wife represents and warrants to Husband that smce the parties' separation 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 harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. B. Husband's Debts: Husband represents and warrants to Wife that smce the parties' separation 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 harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Page 12 of 26 ,~ -'1',,"-' .,-, I..". Murdoch MSA , . C. Indemnification: All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom including reasonable attorneys fees incurred to enforce this indemnification. Damages as used herein shall include any claim, I action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 8. FULL DISCLOSURE: The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the Page 13 of26 '4~ ,..'., - , 1. " -~ , . -"~ Murdoch MSA right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or divide their marital property. The parties acknowledge that they have been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and income of the other and are familiar with and cognizant of such and the value thereof, or has knowingly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the pro6erty or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. 9. RELEASES: Except as otherwise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or future support, division of property including income or gain from property hereafter accruing, right of dower. and courtesy, right to act as administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of said marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of America. n 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 parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable Page 14 0[26 -1-'. "I Murdoch MSA , . 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. 10. LIFE INSURANCE: Husband and Wife shall each maintain separate life insurance policies each in the amount of $100,000.00 with both children of the marriage named as beneficiaries to such policies until the youngest child reaches the age of 25 at which time the parties are free to elect the disposition of such policies. Each party shall annually be entitled to receive from the other evidence that the policy is in place. In the event either party fails to so obtain and maintain such, then the aggrieved party shall be entitled to automatically enforce this provision by paying for such policy and seeking reimbursement from the breaching party for the payment and costs of enforcell)ent of such. The breaching party shall be required to comply with the insurer's requirements in order to maintain such policy. The proceeds from such policies in the event of either party's untimely death shall be placed in trust for the children. Husband shall be the Trustee on Wife's policy and Wife shall be Trustee on Husband's policy. Husband shall maintain Alex's Erie life insurance policy, number 306 716 and Ashleigh's Erie life insurance policy, number 329 330 until each child turns 21. 11. BREACH: 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. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 12. REPRESENTATION: Both parties have been given the opportunity to obtain the advice of Page 15 of26 "-."" , " 1,'1 -",- , ~ , ;:~r_ Murdoch MSA counsel regarding the prOVlSlOns of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. In the event either party elects to execute this agreement without the advice of counsel, he/she shall nevertheless be bound hereby and he/she specifically and knowingly waives his/her right, if any, to utilize his/her lack of legal representation as a basis to attack the validity of this Agreement. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and legal obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having had the opportunity to receive such advice and with such knOWledge, and that 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. 13. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. Further, each party acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress. 14. 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. 15. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements executed between the parties, and/or mayor have been executed Page 160f26 .'?'"- ,- I" . Murdoch MSA . . prior to the date and time of this Agreement, are null and void and of no effect. 16. MODIFICATION AND WAIVER: Any modification or waiver of any provision 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 of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 17. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. INDEPENDENT SEPARAfE COVENANTS: n 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. 19. 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. 20. DISTRIBUTION DATE: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shall be known as the Distribution Date. 21. DATE OF EXECUTION: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either party Page 17 of 26 '-41~ ~"" ,"",,'-- -, .""-' ~L 1- ,_, - ." 'i . P - , "" . Murdoch MSA \' . executes this agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: ~t !? rl{d~ ! - ~ ~<-~ . Murdoch \--z.....\<'-' L-M' ------J . /q/~ ,fl. !/;FilcW~/ f},&,~~ 1Y1~1=Jj Date: I d ~ I / ;) OU I Page 180f26 :C' , ., _ ,'. ."""_ ._., "'._~ "." " _ ,., . t '" " , . Murdoch MSA ~ . Commonwealth of Pennsylvania SSe COUNTY OF ~+- --,." On this, the ;;; / ~day of ~eccm he, , 2001, before me, a Notary Public, personally appeared James B. Murdoch, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seaL /Jm~ p ffLc~.~ N6TARY PUBLIC -'-__';-;:':.' _ .............__ My Commission Expires: Bonita R_'~;:~;;;:;;,-I";:;"iY ic!;iie I' Upper Allen Twp., CU!Tib;)ri~",nti County My Commission Expires Nov. i, 2004J MemQer, Pennsylvania Association of Notaries Commonwealth of Pennsylvama : ss. cOUNTYOF C.tuY\b-p,lCtY\d On this, the ~-0-aay of '=:bee-ember , 2001, before me, a Notary Public, personally appeared Joy 1. Murdoch, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. &7;;j;;~ r? mCcdri<-- JOTARY PUBLIC Notariat Seai Bonita R. Madara, Notary Public Upper Allen Twp., Cumberiand County My Commission Expires Nov. 1, 2004 My Commission Expire~ember, Pennsylvania Association ot Notaries Page 19 of26 .~ "~, -.' '1',,- . James B. Murdoch Plaintiff SS#177 -42-0761 V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Joy L. Murdoch, Defendant SS# 434-17-2825 NO. 01 - ;;)5;6 CIVIL ACTION - LAW IN DIVORCE C;u<.L /~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 James A. Mill r, Esquire Attorney f laintiff .->~ r " -- - I j., . -~ ' ,- - - r'.- ,-' - ,-"~,- James B. Murdoch Plaintiff SS#177 -42-0761 V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.C1/- ';<57J CW-J T~ Joy L. Murdoch, Defendant SS# 434-17-2825 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is James B. Murdoch, who currently resides at 510 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Joy L. Murdoch, who currently resides at 2126 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 13, 1990, in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. -. '---, , ''1 ". 1."- '" " '-'I COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 11. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree dissolving the marriage between Plaintiff and Defendant. Respectfully Submitted, " . iller, Esquire Attorne or Plaintiff 2010 arket Street p Hill, Pennsylvania 17011 (717) 737-6400 I~ ] ", tl,--' " ,<- ," '1 . , VERIFJCA nON I verifY that the statements made in the attached 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 unsworh falsification to authorities. Date: \ l ~o t l-<;)~\ ~ ~ ~Mck -~ l ^,~,., .~ ~. "."., . -_,,<,.;.",'. '-'".., ~, ^"' "',..,"",,,,, , .'",", ,'..." , .:c. '",,~,', J"t." 'I ,"c;.' ",'" """I.--~ ^" ",,), ',',. , %,- '!i."',", -"~'''"--, 11".-", ','.",',"'" """~'I',--" <~". ';-."'__y""'___'~'..!F"~"')'")~", --' ~ ~ (:) ~ ~ It ....... ~L) C5 .~ ,~ Q ,~----'- c,. ~ & " ,~- () "'tJ ':'~I -:',', ...... ~ nee,; .- 0 -:;-".. : ~" i (). ~ \ 7"':C:- ll' I (j') " --<. ~ ,'- -lJ < ~ r ~ 0::.,,,, . w_'" :!:..:.r'.";. :'.) ~ ~ " ""--., -.,,'" ~ -< (" -< " 1\ :,', Uk..,~~, rr .. ~~ ," _lllt!,. ,~.~ .,. 1,~!f','l"J""f'l"',;",f'!f"]~i'!'lf;;_"".tP.'l,,~ . ~"~,~;I!I\l~~~~"?"".,.."'t!'t\Il~~!J ~_ ,.~,~ .... . - , V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-250 James B. Murdoch, Plaintiff Joy L. Murdoch, Defendant 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. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner service of the Complaint: Filed January 11, 2001, with service upon Defendant on January 17, 2001, by Defendant accepting service thereof. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: by Defendant: December 21,2001 December 21, 2001 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: January 8, 2002 by Defendant: January 8, 2002 4. Related claims pending: There are no related claims pending. Respectfully submitted, James A. Miller, Esquire 2010 MarketiStreet j Camp);till:'PA 17011 ...,-(717)737-6400 ...,.. "'-r"', ,-., ~, ~. _~"""e~~ ~ J I j I I I[ II II II ! I I II II ~ -., ?'~ "-1l1I1<<~ ~,--~, " 2.,,_"'-" 'I ""'1 w..__~~~_~ "," .",-.,r'.'-' ~~"-""",'i'-'-' -,~,"-". '0--,,'0-' ~:,,'" ..'~'= ...- ... . o C :.2'" -otn 5.2 ~I; ze' er C ;:5~:: ~--'-' ~~; ):;"C Z :< ..' '" ","~"'; "~ '.", C:I r'.,.) !:,;: ~ .TI "" . j <::: "~" . --~ ~~::: ~ :~ ,0 ~~26 c3 en 5~ ~ ~o/>'!I"";"'-"'"';;<""'Wf.":;;r;f'~'~~"W,,>lfjl'!1'W'Ill1!'it\i.I!W~~~~~f,$Ii~ ,_",: "-..- ,~ e" ~,.- James B. Murdoch Plaintiff SS#177 -42-0761 V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-250 Civil Term Joy L. Murdoch, Defendant SS# 434-17-2825 CIVil ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, James A. Miller, Esquire, hereby certify that I have served the Defendant, Joy L. Murdoch, with a copy of the divorce complaint on January 17, 2001, by certified mail number P 016 244 737 as evidenced by the attached original United States mail return receipt. 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.SA Section 4904, relating to unsworn falsification to authorities. ~ '-I ~t/JL James.>J\. Miller, Esquire ~A ofney for Plaintiff 010 Market Street Camp Hill, PA 17011 (717) 7~i7-6400 ---" I r-- --~--~_~...=""'~~--~----.~-~~-'--'~ I-~ SENDER: t,OiQ . Complete it~ms 1 and/or 2 for additional services. , 4;1 . Complete Items 3, and 4a & b. , f . Print your name and address on the reverse of this form so that we can I G) return this card to you. " ~ . Attach this form to the front of the mailpiece, or on the back if space l .. <loes not permit. 'j ] . Write' 'Return Receipt Requested" on the mailpiece below the article number. , - . The Return Receipt will show to whom the article was delivered and the date g delivered. ' "'0 3. Article Addressed to: " . : -i Joy L. f'Ylu.rdoch :! G:ldLR (b,()+ubur~ /)riiK.. i ~ iY\cchanicsturq I?A {/Q55"" 10 I ,0 ...: ~ 5. ::>. .... ~ 6. 2. 0 Restricted Delivery Consult J:;!ostmaster for fee, 4a. Article Number I also wish to receive the following services (for an extra B feel: os: 1. 0 Addressee's Address ~ "- '0; " -f!- E (p " 4b. Service Type 'S o Registered 0 Insured a:: r:tJ Certified 0 COD ~ ,. o Express Mail 0 Return Rec:eipt for :::l Merchan . se -a-~ 7. Date of Delivery .... -CJ is 8. Address-ee's Addres~--(6~ly if requ~sted--; and fee is paid) 15 -- ---..:--~-- < ~US. GPO: 19.93-352-714 DOMESTIC RETURN RECEIPT --~ ._~ ilII ,~ - - ," -1~ .. ,,-, - ,,- .'-~ 1-,:,'~"~~ . r ~ - - -~ ,,' 'I"" '~'''''' '--,,','P" , ' -- " " --,~~_,"",~d"')" , --Irr~'--- 0 0 0 C '1 ;::: L. .-, -om "'" J'hi2 m:m z ;s;::;:" N ~~~ ""-s;: w cr.>z -<- kG -0 :;~ ~~-1 ~c -It. ~;:.:C) -0 "'~-rn :Pc c~ ~ 'W :D,' ~ 0 -, .'''co_,', ". ",", .~1 p~'~O"~ __,,,. ~__~ - JAMES B. MURDOCH, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 01-250 CIVIL TERM CIVIL ACTION - LAW JOY L. MURDOCH, Defendant/Petitioner IN DIVORCE PETITION FOR ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS, AND EQUITABLE DISTRIBUTION AND NOW COMES, Joy L. Murdoch, Defendant/Petitioner in the above captioned action, by her attorney, Lori K. Serratelli and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. who petitions this Court for alimony, alimony pendente lite, counsel fees and costs, and equitable distribution, and avers as follows: 1. Petitioner/Defendant is Joy L. Murdoch, an adult individual residing at 2126 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent/Plaintiff is James B. Murdoch, an adult individual residing at 510 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Respondent/Plaintiff filed a Complaint under Section 3301(c) of the Divorce Code on January 11, 2001. JUt, ,-.;n . <<,- , "" I __,_~, . I' , COUNT I ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 4. By reason of the institution of the action to the above term and number, Petitioner/Defendant will be and has been put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. 5. The Petitioner/Defendant's income is disproportionately lower than the Respondent/Plaintiff's income, and Petitioner/Defendant is without adequate funds to pay the costs and expenses of this litigation, and is likewise, without adequate funds to maintain herself during the pendency of the litigation. 6. The Respondent/Plaintiff is employed by James B. Murdoch, Insurance Group, Inc., and earns at least $75,000 gross annually. 7. The Petitioner/Defendant is a self-employed daycare Provider and part-time student, and earns approximately $6,000 annually. WHEREFORE, Petitioner/Defendant prays that your Honorable Court grant an Order upon Respondent/Plaintiff to pay your Petitioner/Defendant, alimony pendente lite, counsel fees and costs of litigation. 1" " "1'-'1 ~'- 1-, COUNT II ALIMONY 8. Paragraphs one through seven are hereby incorporated by reference herein. 9. Petitioner/Defendant is unable to adequately support herself through appropriate employment. 10. Petitioner/Defendant lacks sufficient property, including but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs. WHEREFORE, Petitioner/Defendant prays that Your Honorable Court grant an Order upon Respondent/Plaintiff: (a) Compelling the Respondent/Plaintiff to pay alimony to Petitioner/Defendant; COUNT III EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are hereby incorporated by reference herein. 12. Petitioner/Defendant states that Respondent/Plaintiff and Petitioner/Defendant possess various items of both real a~d personal marital property which is subject to equitable distribution by the court. ~,-~,," . !,~ 'I - ~ 1-.' -I', 13. Petitioner/Defendant requests that this court grant equitable distribution. WHEREFORE, Petitioner/Defendant prays that Your Honorable Court: (a) Equitably distribute all property, personal and real owned by the parties; (b) Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Lori K. rratelli, Esquire SERRAT LLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Petitioner/Defendant "','!f_-~""; .." - ~-, ' '., _--~ '.,"Tr- ~. ' . < ""I ~1 --1-'] " , VERIFICATION I verify that the statements made herein 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. ~u~~c[Y\~JuA "_""",a~ , "1.-",- " CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on j"",--\ l~ , 2001, I served a copy of the foregoing upon the Respondent/Plaintiff by depositing it in the United States mail, postage prepaid, addressed as follows: James A. Miller, Esquire 2010 Market Street Camp Hill,PA 17011 Lori K. ratelli, Esquire SERRATE LI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Petitioner/Defendant '- 1'1--", - In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JAMES B. MlJRIXXAl, ) Docket Number 01-250 CIVIL Plaintiff /Respon::lent ) YS. ) PACSES Case Number 328103711/D30918 JOY L. MlJRIXXAl, ) Defendant /Petitioner ) Other State ID Number Order AND NOW to wit, this SEPTEMBER 18, 2001 it is hereby Ordered that: THAT THE OBLIGATION FOR ALIMONY PENDENTE LITE IN THE AMOUNT OF EIGHT HUNDRED FIFTY DOLLARS ($850.00)PER MONTH IS HELD IN ABEYANCE UNTIL THE CLOSING DATE OF THE MARITAL HOME PURSUANT TO HUSBAND PAYING THE FIRST AND SECOND MORTGAGE THAT TOTAL $1,564.10 PER MONTH. PRESERVATION OF HEARING DE NOVO RIGHTS ARE EXTENDED TO THIRTY DAYS (30) AFTER THE CLOSING DATE OF THE PARTIES' MARITAL HOME. BY THE COURT: DRO: RJ Sbadday xc: plaintiff defen:lant Lori Serratelli, Esquire James Miller, Esquire JUDGE Edward E. Service Type M Form OE-520 Worker ID 21005 ;~, ~ ~,- 1-'- I I II II it Ii " i1 ~ ~ I :4'! Ii' i} il i" Il, Iii 'l' III III 14'1 lli Ii! I' Ii: III' " it: 11\ ih I', .~ 11 . ~- ~ -~'I- c,;J o ~ ~-". ~fD rnrri z::::~- ;2:\;-, (fJ:t.. =<_c, r::;c) ~O "-'0 '.Pc: -,7 ..-. ;:2, - ~lf C) -"'n tI> --1 :.;" r<) .'.- --0 :.;>". - ~J'i - - ." ~ _"~ " ,,"1I!lI'_~,fIlll!OIll~~8!~Kj;;','i!,,",r1'8'~l'F"'^"'C"",W"Ti'/f"'J"Fj1ii'i!~~~~~~!~ll""1liifffi~"#!!~;'JWm!:f!~! , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . . ~ , , '" "'Of. '" :t: ;Ii"'''' " , , , , , , , , , , , , , , , " , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF " ~ PENNA. ,1 rIoIDP $; R Mllrnn.f"'h . Plaintiff .. VERSUS JOY L. Murdoch. Defendant NO. 01_7<;0 DECREE IN DIVORCE AND NOW, , tT IS ORDERED AND DECREED THAT " James B. Murdoch , PLAINTIFF, AND Joy L. Murdoch , DEFENDANT, ARE DtVORCED FROM THE BONDS OF MATRtMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHtCH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; It is further ordered that the terms of the attached December 21, 2001, Marital Settlement Agreement are hereby incorporated, but not merged, into this final decree. By THE COURT: ATTEST: J. PROTHONOTARY , "':t'l,., ;€'f. " , " , " "''''''':tiff. , , " , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . . . . . . . James B. Murdoch, Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v. No.: 01-250 Joy 1. Murdoch, Defendant Civil Action - Law In Divorce / MARITAL SETTLEMENT AGREEMENT December z. \ "~, 2001 Murdoch MSA TABLE OF CONTENTS SECTION L SEPARATION AND NON INTERFERENCE: H H.H.H.H'H'HH 2. RECONCILIATION:,H,H.,HHHH .H.HHHHH'HHHH .H.HHHH'HH' l ENFORCEMENT: 'H H.H.H'HHHHHHHHH'H'H.HH' 'HHHH , 4". SJ:'QllSL'tUll)f'EQ&IlAkLMQNYIA,L.LMQNY.f'EN.Q.E..NTE,.kLIJ!;,LAf',Ll"CQSI.S..ANI2 EXPENSES, HEALTH INSURANCE. AND CHILD S)JPPORT: HH.HH.HH. HHHH 5 A ,61JMQ.!'LX,H HHHHHHHHH HHHHH HHHHHHHH" 6 B. HEALTH INSURANCE FOR WIFE., " HHHH. HH'HHH ,H'HHH 7 C. CtUkJ:?mSIJ'p'p'QRI: H HHHHHHHHH . H' "'" 7 5.. EQUITABLE DISTRIBUTION:,HHH .H.HHHH.HH' 'HHHHHHHHHH. 7 A.. I'MfACE,; H HHHHHHHHHHH.H .7 13, DISTRiBUTION OF ASSETS: 'H' HHHHHHHHHHHHH HHH' 7 L \!,II.I'.~'.s..AS,S,r;TS,;HHHHHHHH H'H'H,7 L HUSBAND'S ASSETS: HHHHH' HHHHH'H HHHHHHHHH'H.8 ~,ASSEIQJyISIQNHHHHHHHHH H.H,HH,H HHHH, 8 A REAL ESTATE: 2126 CanterblllY Driye. Mechanicsburg, Cnmberland County, f:'"[l1)5Yh:')I1i:LnQ,~~".J2!JXf"Ul11lYlQ"L4:;2..;2,2..~'f,~.8,UC:[JL,,gII,$,,,,:); ."".., 8 B. DISTRiBUTION AND WAIVER OF PERSONALH 'HHH' 9 MAillIAl",..IANQm1.r;,tI"NQJtH.AH<;}mk~.AS.SIHS,AHQ..;2.l..UQH:Ml'J'JI61,.TAHQ\):3l,J;\ AND INTANGiBLE. ASSETS H'H.H.H.HH' H'HHH 9 .L Qrlle,mWAe!Li\:mliQ!1HHH HHHHH HHHHHHHHH. HHHH 9 L Possession: ..... .............. ............... ............. .........9 ,~.. 1iQ~,e"hQJg,.fI1I!!i.S!]A1)ge..'l!1.Q..l'eLsQm!Lf'!:Q12,,!:1Y; H' H H H H H H' H " 9 1.. James 13, Murdoch Insurance Group Inc. and 4614 Associates:HH H.HH.H. HHH 10 5 \,I,,,,!]j,gt,,e; HHHHHHHH'HHHH.HH' 'HHH.H.H.H HHH 10 C. RETIREMENT ACCOUNT/INSURANCE/STOCKS:H 'HH 10 L E.rI,,,,fil!1lj]Y..Lifd!.1gmme,,..<::.Q!:!1l2~!1Yml1m,it}',!.1~.m!]r.L~Q2,:,~,n.c.'Ef.L:'2;., '...". 10 L Charles Schwab IRA account number 6538-6245 ("IRA") HHHHH.H. HHHH'HH'HHHH HHH,Il Q" LNIEULHHH HHH.H.H HH HHHHH H'H HHHHH HHHHH "HH. II E 20Cl! TA.\: RETURN(S): HHH.HH'H' HH'HHH.HH H II f:. MISc;:~k1AH~Q\,JS:HHHHHHH HHHHHHHHHHHHHHHH HHHHHHH HH.H II 6. AFTERACOUlRED PROPERTY:HHH.HH HHHHHH' HHH.H.HH H'H , 12 Z. DEBTS,; H HHH HHHH HHHHHHHH.H. 'HHH 12 A Wife's Debts:. .HHHH'HHH 'H 12 12... t!!deRflll(I'"Q,e.Qt$,; H.HHHHH .H.HHHHHH.H.HH' 'H'H' 12 C. Indemnification: ......... ......"...... .................. ...... 13 8. FULL DISCLOSURE: HHH I3 9. RELEASES:,H,HHHH HHHHH.HHHHHHH HHHH.HHH' 14 10. LIFE INSURANCE: 'H' 'HHHHHH .HHHHHH'HH'H.H.HH.HHH 15 11. BRRt\CH: 'H' H'HHH'H HHH 15 12. REPRESENTATION: ,..'" HH 15 13, VOLUNTARYEXECUTION:HH..,..HH.HH 'HH'..'HHH.HHH HH 16 ,l;h ENTIRE AGREEMENT: 'HHH.H..HHHHHH' 16 15. PRIOR AGREEMENT: , .HH 16 16. MODIFICATION AND WAIVER: "'H 'H'''HH'H'H.. HH.....H 'H I7 17. GOVERNING LAW: H'HH'H..'..'HHH ..HH'H'..HHH.HH, H' I7 18. INDEPENDENT SEPARATE COVENANTS: H 'HHHH.HH "HH' I7 19. VOID CLAUSES: 'HHHHH'H .H..'HHH H'HHH"H' HHH I7 20, DISTRIBUTION DATE:HHH H.....HHH'H .HH.HH...H. 'HH 17 21. DATE OF EXECUTION: HHH.....H. H" I7 PAGE HH 3 "HHH 4 HHH 4 Page 2 of 26 - ,- ""~ -- i'~ -~ c.. '''l - 1--' Murdoch MSA MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this -z...\ .., day of December, 2001, by and between James B. Murdoch, hereinafter called "Husband", and Joy L. Murdoch, hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married on October 13, 1990, in Cumberland County, Pennsylvania; WHEREAS, two children were born of the marriage, specifically Alex A. Murdoch, DOB 2/19/91 and Ashleigh E. Murdoch, DOB 6/12/93; and, WHEREAS, differences have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto desire to settle fully and finally theil 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 ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony 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. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows; 1. SEPARATION AND NON INTERFERENCE: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem tit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their Page 3 0/26 , ~ '~,-" ',-, - , "I ~ Murdoch MSA living apart. Each party shall be free from interference, authority and control 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 molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. Neither party shall say or do anything to negatively intluence or alienate the minor children from the other parent. 2. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguished, discharged, terminated, invalidated or otherwise affected by a reconciliation between the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. 3. ENFORCEMENT: The parties acknowledge that Husband filed with the Cumberland County Court of Common Pleas, Pennsylvania, to docket number 01-250, Civil Term, a no-fault divorce action pursuant to Title 23, section 3301(c) of the Pennsylvania Divorce Code and amendments thereto and Wife filed an Answer thereto raising claims for Alimony, Alimony Pendente Lite, Counsel Fees and Costs, and Equitable Distribution. n is specifically understood and agreed by the parties that the provisions of this agreement relating to equitable distribution of property and all other matters contained herein including but not limited to support, alimony, alimony pendente lite, counsel fees, costs and/or expenses are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be submitted to the court at the time of Page 4 0/26 """"'. .""1 .."'." " _ ~ - ,,' -1 , - ''1'' ']".,. ,-- ,'I 1,- Murdoch MSA filing the praecipe to transmit the record to conclude the divorce. Any claims raised by either party in his or her respective complaint(s) or answer(s) shall be deemed to be resolved by way of this agreement. Any claim raised by either party in his or her pleadings of record that are not addressed by the terms in this agreement shall be deemed to be knowingly waived by the party who raised such claim in pleadings of record. The parties agree to execute their respective Affidavit of Consent and Waiver of Notice and proceed with entering same to the court docket for the purpose of finalizing the divorce action simultaneously with the execution of this agreement or as soon as practicable thereafter and shall so execute such documents upon request by either party. Each party shall further execute any and all documents which may require his or her signature for the purpose bf effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. n is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENSES, HEALTH INSURANCE, AND CHILD SUPPORT: Husband and Wife hereby acknowledge that they have been advised or have the right to obtain advice in regard to the fact that each may have the right Page 5 of 26 - "-. -"1 11 _T, " Murdoch MSA to assert a claim for spousal support, alimony, alimony pendent lite, counsel fees, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available in their divorce action. Husband and Wife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, costs and/or expenses, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto. The parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimd~y, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. Wife's alimony pendente lite award docketed to the term and docket identified in preceding paragraph 3 shall terminate with the date of execution of this agreement and the terms and conditions set forth herein relating to alimony shall become effective upon the entry of the final decree in divorce. Husband and/or Wife shall have the right to have the alimony provision enforced through the Domestic Relations Section of Cumberland County, Pennsylvania and both parties shall undertake the necessary steps in order to meet the domestic relations office requirements. A. ALIMONY: Wife shall be entitled to receive and Husband shall pay to Wife the following sums in the form of alimony and for the periods so identified, taxable to Wife as income and deductible for Husband for purposes of taxes: a. From January 1,2002, through June 30,2002, $600.00 per month; Page 60f26 '\!>' ~" - ,'- ,..'.'-' 1<_" 1" Murdoch MSA b, From July 1, 2002, through December 31, 2003, $400 per month; and, c, Wife shall have no claim for alimony beyond the terms so identified herein. Husband's obligation shall continue in accordance with these terms regardless of Wife's cohabitation with a member of the opposite sex or remarriage. In the event of Husband's and/or Wife's untimely death during such periods defined, then such obligationCs} shall terminate. HEALTH INSURANCE FOR WIFE: Husband shall pay Wife's health insurance premium from January 1, 2002, through December 31, 2003. Such payment shall not constitute ; alimony. CHILD SUPPORT: The parties agree that child support shall be governed by and through Cumberland County Domestic Relations Section, Docket Number 992 S 2000, PAScES number 254102832/30207. 5. EQUITABLE DISTRIBUTION: A. PREFACE: The parties have valued to the best of their ability their entire marital and non-marital estates. The parties have made use of the information provided between them or their respective counsel, and/or statement values associated with such assets, and/or have attributed fair market values, and/or other agreed upon values to such assets and for purposes of negotiation and settlement, hereby stipulate to such valuations. B. DISTRIBUTION OF ASSETS: 1. WIFE'S ASSETS: Husband does hereby grant, convey, transfer, assign, and deliver and set- over unto Wife the assets so identified within this agreement; said assets shall be and remain the sole and separate property of Wife hereafter, free of any claim by Page 7 of 26 ''''"7.",,,,"',,r,,",' . "P,,_'. , ~ -1 T , Murdoch MSA or interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Wife hereafter. 2. HUSBAND'S ASSETS: Wife does hereby grant, convey, transfer, assign, and deliver and set-over unto Husband the assets so identified within this agreement; said assets shall be and remain the sole and separate property of Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Wife does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assetd; which shall be and remain the sole and separate property of Husband hereafter. 3. ASSET DIVISION: The parties hereby agree that the following assets shall be divided in accordance with the terms as provided herein. Husband and Wife agree to execute any and all documents required to effectuate the intent herein: A. REAL ESTATE: 2126 Canterbury Drive, Mechanicsburg, Cumberland . County, Pennsylvania, 17055, parcel number 4229 2458 21 ("premise"): 1. The parties are owners of the premise identified above as tenants by the entirety. Currently, there are two (2) mortgages on the premise; specifically, a first mortgage with GMAc account number 161887807 and a second mortgage with Fulton Bank account number 641372398. 2. Within thirty (30) days of execution of this agreement, Husband shall liquidate the retirement account identified hereinbelow in section C(1) and payoff the Fulton Bank second mortgage. 3. Wife shall be solely responsible for any and all GMAC mortgage obligations including but not limited to all real estate taxes, utilities and municipal assessments, and repairs, costs and maintenace. Page 8 of 26 ,~,~ ',\,H~,' 'n- -,-, Murdoch MSA 4. Wife shall refinance the premise within ninety (90) days from the date of this agreement in order to release Husband from said the GMAC mortgage obligation. Husband shall continue to make the mortgage payment to GMAC during the 90 day period through which Wife secures the refinancing. 5. Husband agrees to execute a transfer deed relinquishing his interest in the property at anytime Wife's lender requires evidence of such relinquishment. B. DISTRIBUTION AND WANER OF PERSONAL MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: 1. General Distribution: Husband and Wife do hereby acknowledge that they have divided to their mutual satisfaction all non-marital and marital assets including, but without limitation, business interests, corporate interests, partnership(s), joint ventures, inheritance(s), jewelry, clothing, retirement accounts, 401k's, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. 2. Possession: Husband and Wife further acknowledge and agree that the assets in the possession of the other spouse unless otherwise so divided by way of this agreement shall remain that spouses sole and separate property, each party hereto specifically waiving, releasing, renouncing and forever abandoning whatever claim, if any, he or she may have with respect to any of the foregoing items which are the sole and separate property of the other. 3. Household Furnishings and Personal Property: Wife and Husband shall each retain all household furnishings and personal property in their respective possession. The parties understand and agree that an ReA 27" TV, cherry dining room set and riding lawn mower are presently in Wife's possession but shall become Husband's sole and separate property upon execution of this agreement. Husband must take physical custody of said property within 30 days of executing this agreement or forfeit the Page 9 of26 :., "Co. r,o-' . '_1"~' ,. . Murdoch MSA property to Wife. Neither party shall assert a right or make a claim against the other for such property at anytime now or in the future. 4. James B. Murdoch Insurance Group Inc. and 4614 Associates: Wife hereby acknowledges and agrees that James B. Murdoch Insurance Group Inc. and the net proceeds from the sale of Husband's interest in 4614 Associates, shall be Husband's sole and separate property with Wife forever waiving, relinquishing and abandoning all past, present and/or future rights, title and/or interests and claims she may have arising from her marriage to Husband. 5. Vehicles: Husband and Wife agree that the vehicles in their respective physical possession shall remain the possession of the party and each shall cooperate if necessary in executing any and all documents to reflect such ownership, including but not limited to titles:' insurance documentation and registration forms. Husband and Wife do hereby waive, release, and relinquish any and all claim to or interest in the motor vehicle in the possession of the other. If the title to any vehicle is encumbered by any debt or obligation, Husband and Wife agree that they shall each be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall indemnify and save the other harmless from any loss, cost, or expense caused to either by their failure to make payment of such debt. C. RETIREMENT ACCOUNT/INSURANCE/STOCKS: 1. Erie Family Life Insurance Company annuity number 366-537 ("EFL"): Husband shall liquidate the entire EFL account and from the liquidated funds shall first pay the Fulton Bank second mortgage identified in preceding paragraph 5(A)(2). The parties shall then calculate or have an accountant calculate what the applicable early withdrawal penalties and taxes would be associated with the withdrawal of the EFL account fund. An amount equal to the calculation of the penalties and taxes shall be set aside in an interest bearing escrow account until the parties file their 2001 joint federal tax return. The balance remaining in the EFL account and the balance in the Charles Schwab Page 10 of26 Murdoch MSA IRA account identified herein below shall be added together for purposes of calculating the sum to be paid to Wife based on a 50/50 distribution of these two accounts after tax and penalties. If there are sufficient funds in the EFL account to cover Wife's 50% share, then those funds shall be paid out of the EFL account to Wife. Any balance of the EFL thereafter shall become the property of Husband along with the funds in the IRA account. 2. Charles Schwab IRA account number 6538-6245 ("IRA"): The distribution of this IRA shall be in accordance with the foregoing terms identified in the EFL account with Wife waiving all right, title and/or interest she may have in this IRA. D. INTENT: This Agreement IS intended to distribute all property of the parties, whether real or personal, and wh~ther determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the owner thereof and each of the parties will execute any and all legal documents without any charge therefore to evidence title to such property in the other party. E. 2001 TAX RETURN(S): Husband and Wife shall jointly file their 2001 tax return(s). Any 2001 tax liability'shall be Husband's responsibility and any refund due shall be shared between the parties equally. F. MISCELLANEOUS: ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and deliver to the other any deeds, documents, records or closing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder.T Page 11 0/26 Murdoch MSA Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 6. AFTER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are 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. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if-untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 7. DEBTS: A. Wife's Debts: Wife represents and warrants to Husband that since the parties' separation 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 harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. B. Husband's Debts: Husband represents and warrants to Wife that since the parties' separation 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 harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Page 12 0/26 '4~ ,,"_'_~" _~ _ " _ ~" _ ~ ,",_,,, Murdoch MSA C. Indemnification: All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom including reasonable attorneys fees incurred to enforce this indemnification. Damages as used herein shall include any claim, I action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 8, FULL DISCLOSURE: The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the Page 13 0/26 r~ ,,--, 1- '1.''''1'" r-, Murdoch MSA right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or divide their marital property. The parties acknowledge that they have been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and income of the other and are familiar with and cognizant of such and the value thereof, or has knowingly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the pr06erty or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. 9. RELEASES: Except as otherwise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or future support, division of property including income or gain from property hereafter accruing, right of dower and courtesy, right to act as administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of said marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of America. n 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 parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable Page 140/26 '.T~ ""' H. _,.., ,-, , , Murdoch MSA 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. 10. LIFE INSURANCE: Husband and Wife shall each maintain separate life insurance policies each in the amount of $100,000.00 with both children of the marriage named as beneficiaries to such policies until the youngest child reaches the age of 25 at which time the parties are free to elect the disposition of such policies. Each party shall annually be entitled to receive from the other evidence that the policy is in place. In the event either party fails to so obtain and maintain such, then the aggrieved party shall be entitled to automatically enforce this provision by paying for such policy and seeking reimbursement from the breaching party for the payment and costs of enforcerrrent of such. The breaching party shall be required to comply with the insurer's requirements in order to maintain such policy. The proceeds from such policies in thE; event of either party's untimely death shall be placed in trust for the children. Husband shall be the Trustee on Wife's policy and Wife shall be Trustee on Husband's policy. Husband shall maintain Alex's Erie life insurance policy, number 306 716 and Ashleigh's Erie life insurance policy, number 329 330 until each child turns 21. 11. BREACH: 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. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 12. REPRESENTATION: . ~ ,-~. ,~ Both parties have been given the opportunity to obtain the advice of Page 15 0/26 c. c ',' _ ,~ 1"1' . . Murdoch MSA counsel regarding the prOVlSlOns of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. In the event either party elects to execute this agreement without the advice of counsel, he/she shall nevertheless be bound hereby and he/she specifically and knowingly waives his/her right, if any, to utilize his/her lack of legal representation as a basis to attack the validity of this Agreement. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and legal obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having had the opportunity to receive such advice and with such knowledge, and that 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. 13. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. Further, each party acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress. 14. 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. 15. PRIOR AGREEMENT: n is understood and agreed that any and all property settlement agreements executed between the parties, and/or mayor have been executed Page 16 of26 ~1'N"'iWl ~~ , ,. - ~, ~- 'I )- d ., -.. -., - I-~- . . , Murdoch MSA prior to the date and time of this Agreement, are null and void and of no effect. 16. MODIFICATION AND WAIVER: Any modification or waiver of any provision 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 of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 17. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. INDEPENDENT SEPARAfE COVENANTS: n 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. 19. 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. 20. DISTRIBUTION DATE: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shall be known as the Distribution Date. 21. DATE OF EXECUTION: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either party Page 17 0/26 '~"'~, ", -. - ,-"~ , "., Murdoch MSA executes this agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: ~t !? rlc~ ! - ~~~~ . Murdoch \--z..... \ <.-, ""L....., r--~ /~/~ fl.I///llcW~/ ~J mw\dOc-~ Joy . 'rdoch / Date: I d ~I / ;)00 I Page 18 of26 ';!~'1!I!"l ',," c ,_<~, . , _ 1, ,,1' l"~ '" Murdoch MSA Commonwealth of Pennsylvania SSe COUNTY OF ~+- --,." On this, the ;;;/~day of ~eccmh(', ,2001, before me, a Notary Public, personally appeared James B. Murdoch, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seaL &~ !?~ N6TARY PUBLIC ' My Commission Expires: _._r4~:,'~~~~;:;;;i' s'.; ~;: ;,.,,' . ,"- '" '_"_~_'w_"~."..~ Bontta R. r\l~'ad~~ra, ~ic;tari F'ublic I Upper Allen Twp., Cumb(,r!;:.nd County I My Commission Expires Nov. 1, 2004 I Mem~er, Pennsylvania Association of Notaries Commonwealth of Pennsylvama : SSe COUNTYOF C.umb-erlCl/'\J On this, the 2.L~ay of -:J)ecembn- , 2001, before me, a Notary Public, personally appeared Joy 1. Murdoch, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seaL &7~~ f{ (}ft1-~1-<-- JOTARY PUBLIC Notariat Seal Bonita R. Madara, Notary Public Upper Alien Twp., Cumberland County My Commission Expires Nov. 1, 2004 My Commission Expire~emller, Pennsylvania Association ot Notaries Page 19 of26 """''1"=--=' -- ., , I. -L~ ,~ , 1, ~.< "',-" -, ,~ - ~~ I ~~- . e_~__ ~ ". '_' "-' '0 _ _~ ~_ '"~''"'~~" ,~,~ .~~~-!<'~--~'- <~, -~ 0 C:) 0 C '('<-, ~:'?,' -,-, !~-; , ~-j ,,- =-'~-J ;:; J) i'- !'~ ~,,- (' r.- .'~ ., " .,c:.. t'-..) ~". , ~5:J t_::..' --< ., ~"",*_"""_~,_",,,,, _4~_ "Jllt~~~~~~W'~i''''''''Ol:lf~<''';;H~'I'!W~~ ,~~!!!~~il~~~~:",' ""'_,~!