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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF ~~ '. PENNA,
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RICHARD JAM~S MURPHY
No, 99-1789
Plaintiff.
VERSUS
DARNELL LORRAINE MURPHY
Defendant
DECREE IN
DIVORCE
AND NOW,
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DECREED THAT
RTCHARn .TAME!': MURPHY
, PLAINTIFF,
AND
n.a~NlO'T T. T nQDA TNR MTTDP,",V
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY,
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
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PRtHONOTARY
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MURPHY 'R~.TO TRANI""
RICHARD JAMES MURPHY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
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DARNELL LORRAINE MURPHY,
Defendant
NO: 99-1789
CIVIL ACTION-LAW
IN DIVORCE
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PREACIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for the entry of a Divorce
Decree:
Code,
1, Grounds for Divorce: Irretrievable Breakdown under Section 3301 (c) of the Divorce
2, The complaint was served by certified mail on September 23, 1999,
(Attachment "A" hereto)
3, Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce
Code: by Plaintiff - September 12, 2000; by Defendant - September 14, 2000,
4, Date of execution of the Waiver of Notice of Intent to Request Entry of a Divorce Decree
under section 3301 (c) of the Divorce Code: by Piaintiff - September 12, 2000; by Defendant-
September 14, 2000,
5, AUachment "B" hereto is the Separati01 and Property Settlement Agreement of Richard
James Murphy and Darnell Lorraine Murphy dated August 18, 2000, pursuant to the Divorce Code, Pa,
R,C,P, sec, 1920,1 et seq, & Act 126-1980, 23 p,s sec, 1 et seq" is hereby incorporated by reference,
6, There are no claims pending,
Respectfully submitted,
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Date: ~i!r 20 2000
P,O, Box 60809
Harrisburg, PA 17106-0809
(717) 541.9660
By:
- udith F, OiJl"!::~
Attorney 10 68738
Attorney for Plaintiff
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Exhibit 1'1
. Complete Items 1, 2. and 3. Also complete
nem 4 if Restricted Delivery is desired,
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mallplece,
or on the front if space permits.
1. ArtIcle Addressed 10:
fS' D Murphy
43 'A Garden Avenue
ew Cumberland, PA 17070
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3. Service Type
mJ Certified Malt CJ Express Mail
CJ Reglslered CJ Return Receipt for Merchandise :
CJ Insured Mail CJ C.O.D,
4. Restricled Delivery? (Extra Fee) D Yes
2. Article Number (Copy from service 18~/j ~
.2 .:360 ~.:3 /, rJ tl-r:.
PS Form 3811, July 1999 Domestic Return Receipl
'102595-99-M+1789
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Exhibit 8
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SEPARATION AND PROPERTY SETILEMENT AGREEMENT OF
RICHARD JAMF.c; MURPHY AND DARNELL LORRAINE. MURPHY
THIS AGREEMENT, made this 1ft!> . day of Aut/tA,;t , 2000, by and
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between RICHARD JAMES MURPHY, hereinafter referred to as "Husband", and
DARNELL LORRAINE MURPHY, hereinafter referred to as "Wife",
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on April 16, 1983; and
WHEREAS, certain differences have arisen between the parties as a result of which they have
separated and now live separate and apart from one another, and are desirous, therefore, of entering into
an agreement which will provide for support, distribute their marital property, and will provide for their
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mutual responsibilities and rights growing out of the marriage relationship; and ~ ~;, . "
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WHEREAS, the parties hereto, after being properly advised, have come to ik~ foll6,~ing '- ,~,
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agreement.
NOW, THEREFORE, in consideration of the above recitals and the following
promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and
to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows:
1. SEPARATION:
It shall be lawful for each party at all times hereafter to live separate and apart from the other at
such place or places as he or she may from time to time choose or deem fit.
2, INTERFERENCE:
Each party shall be free from interference, authority and contact by the other as fully as if he or she
were single and unmarried, except as may be necessary to carry out the provisions of this Agreement.
Neither party shall molest the other nor allemptto endeavor to molest the other, nor compel the other to
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cohabit with \he othcr, nor In any way harass or malign the other. nor in any way Inlerfere with the
peaceful existence, separate and apart from the other in all respects as if he or she were single and
unmarried
4. DEBTS:
The Husband and Wife represents and warrants to each other that neither one has contracted any
debts, charges or liabilities whatsoever excepl as herein expressly set forth, for which the other party or
their property or their estate shall or may be or become liable or answerable, and they convenient that
they will at all times keep each other free, harmless and indemnifies againsl and from any and all debts
and liabilities expressly provided in this Agreement.
5, MtJTUAL REI,EASE:
Subjectlo the provisions of this Agreement, each party waives his or her right to alimony and any
further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an
equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended,
Subject to the provisions of this Agreement, each party has released and discharged, and by this
Agreement does for himself or herself, and his or her heirs, legal representatives, executors,
administrators and assigns, release and discharge the other of and from all causes of action, claims, rights
or demands whatsoever in law or equity, which either of the parties ever had or now has against the other,
except any or all cause or causes of action for divorce and except in any or all causes of action for breach
of any provisions of this Agreement. Each party also waives his or her right to request marital counseling
pursuant to Section 202 of the Divorce Code.
6, EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY:
The parties have attempted to distribute their marital property in a manner which conforms to the
criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the age, heallh, station, amount and sources of income,
vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each
party to the education, training or increased earning power of the other party; the opportunity of each
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party for future acquisitions of capital asselS and income; the sources of income of both panies' including
but not limited to medical, retirement, insurance or other benefits; the comribution or dissipation of each
pany in the acquisition, preservation, depreciation or appreciation of the marital propeny, including the
contribution of each spouse as a homemaker; the value of the property set apan to each party; the
standard of living of the panies established during the marriage; and the economic circumstances of each
party at the time the division of property is to become effective,
The division of existing marital property is not imended by the panies to constitute in any way a sale or
exchange of asselS, funds or other properly not constituting marital property, The division of property
under this Agreemem shall be in full satisfaction of all marital righlS of the parties.
A. DISTRIBUTION OF PERSONAL PROPERTY
The panies hereto mutually agree that they have effected a satisfactory division of the fumilUre,
household furnishings, appliances, and other household personal property between them, and they
mutually agree that each party shall from and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or her possession,
Except as otherwise provided by the tenns of this Agreement, the panies hereto have divided
between themselves, to their mutual satisfaction, all items of tangible and intangible marital property,
Neither party shall make any claim to any such items of marital property of either party, which are now in
the possession andlor under the control of the other, Should it become necessary, the panies each agree
to sign, upon request, any titles or documenlS necessary to give effect to this paragraph, Property shall be
deemed to be in the possession or under the control of either party if, in the case of tangible personal
property, the item is physically in the possession or control of the party at the time of the signing of this
Agreement and, in the case of intangible personal property, if any physical or written evidence of joint
ownership, such as passbook, checkbook, policy or cenificate of insurance or other similar writing is in
the possession or control of the party, Husband and Wife shall each be deemed to be in the possession
and control of his or her own individual pension or other employee benefit plans or retirement benefits of
any nature with the exception of Social Securily benefits to which either party may have vested or
contingent right or interest at the time of the signing of this Agreement, and neither will make any claim
against the other for any interest is such benefits.
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, From and after the date of the signing of this Agreemenl, both parties shall have complete freedom
of disposition as 10 hislher separate propeny and any property which is in their possession or control
pursuanllo Olis Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of
such property, whether real of personal, whether such property was acquired before, during or after the
marriage, Dnd neither Husband nor Wife need join in, consent to, or acknowledge Dny deed, mortgage, or
other instrument of the other pertaining to such disposition of properly.
7, MOTOR VEHICLES:
The parties shall retain possession and ownership of the following vehicles as indicated hereinafter:
(a) Wife shall retain sole, exclusive, legal and equitable ownership of the 1994 Nlssan Quest, with
husband to continue to pay the monthly financing charges on the said vehicle until the same is paid in full,
Upon the financing being paid in full husband shall sign legallitle into Wife's name alone and execute all
necessary documentation to effectuate the transaction,
8, CUSTODY:
The parties shall exercise joint legal and physical custody over their minor children AULII LORRAINE
FRANCO MURPHY and CHARNELLE UlLANI FRANCO MURPHY. Husband and Wife shall
share custody as the parties mutually agree, giving due consideration to the desires of the said minor
children,
9, CffiLD SUPPORT:
Husband agrees to pay Wife $650,00 (dollars) per month in the form of child support while the
children remain in her primary custody, This agreement to pay child support will terminate upon each
child reaching the age of eighteen, The support will reduce by one-half upon the first daughter reaching
age eighteen without further written agreement of the parties, Husband will pay support directly to wife,
This payment shall commence subsequent to the execution of this agreement,
10, PENSION PLAN:
(a) Wife shall retain her current, interest in Husband's Federal pension to be based on points
accumulated from the date of marriage, April 16, 1983 through the date of separation, January 20,
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1997, Wire waives any and all rights to any pension points accumulated by Husband prior to the
date or Marriage, April 16, 1983 and after January 20, 1997. Wire's interest is reduced from 1/2 to
1/3 in consideration of the excess marital debt paid by Husband, Wife's interest in Husband's
pension is cnforceahle against Ole heirs, beneficiaries, executor(s), administrator(s), Powers of
Attorney(s), or otherwise in the event of his deadl and .hall cntitle Wife to collect and receive such
pension throu~hout its effective period(s),
(b) Calculation of Pension Benefits; Husband accumulated 2430 points from the date of Marriage, April
16, 1983 through the date of separation, January 20, 1997. Each point is valued at 0,142 cents, or
an average of $345,06 per month, One-third is equal to $115,02 per month, Payments to begin upon
Husband's retirement from active duty. Wife shall received any cost of living increases as Husband
shall become entitled to during his retirement.
(c) This obligation shall be construed as paymellls ror the reasonable support and maintenance of Wife,
in her later years and accordingly shall be rendered non-dischargeable in any Bankruptcy
Proceedings pursuant to II USC 523 of the bankruptcy code,
(d) Should this covenant to pay to Wife a part of Husband's pension become legally unenforceable or
should husband be declared ineligible to collect his pension due to deliberate, reckless, or negligent
acts or omissions which may lead to his disqualification, or discharge from the military, he shall pay
to wife the equivalent of what she would have received had the agreement not been rendered
unenforceable by operation of law, or due to ineligibility reasons as a result of deliberate, reckless,
or negligent acts or omissions, the payments to commence immediately upon the occurrence of such
an event(s),
11. DENTAL POUCY
Husband hereby covenants to provide and pay on behalf of Wife, Dental Insurance Coverage for a period
of six mondls, the provider to be chosen by husband and pay the premiums for dental coverage for the
benefit of Wife for a period of six montlls commencing the month subsequent to the signing of this
agreement and ending at the end of the sixth month,
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12, AI.IMONY & SUPPORT
Husband and Wife shall forever release the other from any claims for Spousal Suppon, Alimony,
Alimony Pendente Lite, Expenses, Insurance Policies, retirement benefits, pension benefits, or any other
form of suppon except as provided for, and allowed within this agreement,
13. COUNSEL FEES AND EXPENSK<;:
Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the
equitable distribution of marital property of the panies are fair, adequate and satisfactory to them. Both
panies agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement
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and satisfaction of all claims and demands that either may now or hereafter have against the other for
alimony pendente lile, counsel fees or expenses or any other provisions for their suppon and maintenance
before, during and after the commencement of any proceedings for divorce or annulment between the
panies, The panies further agree that they have received independent legal advice from counsel of their
respective choosing and that they fully understand and have been fully informed as to their legal rights and
obligations and accept this Agreement as being fair and equitable and was entered into freely and
voluntarily after having received advice from counsel. Each party shall be responsible for the payment of
their respective counsel fees,
14, MARITAL DEBT
The panies agree to divide the balance of the credit card debt accrued during the marriage, It is
acknowledged that these accounts are closed to any further use,
The debt shall be divided as follows:
(a) Husband will be responsible for the repayment of the following:
1. Discover Card
Account H 6011-0029-9660-2910\
Balance due: $2,722,00
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2, Montgomery Ward
AccounI # 239.504-671
Balance due: S 1,166.00
3, AAFES
Account # 7997-2166-2976-1000
Balance due: 2,540,00
4, Members First Visa
AccounI # 4J2J-4499-9845-5046
Balance due: S2,I65,OO
5, OE Card
AccounI # 5348-1899-8906-8376
Balance due: S460,OO
6. WFNNB
Account # 5856-3706-0200-6042
Balance due: $560,00
7, HFD FCU Visa
Account # 4452-9100-0981-3663
Balance due: $2,300,00
8, Members First Loan
Accounl # 46504
Balance due: 650,00
9, PNC Bank
Accounl # 40-02-8005055432
Balance Due: $5,220,()()
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14, MARITAL DEBT
Wife shall be responsiblc for the repaymcnt of the following:
1. IRS
Accolinl H 234-15-3579
Balance Due: $1,100,00
2, Sears
Account H 00-53520-07970-7
Balance Due: $7,125.00
3, JC Penny
Account H 788-035-733.5
Balance due: $400,00
4. Boscov's
Account H 003140490
Balance due: $550,00
5, Service Merchandise
Account H 7999-027-9394
Balance due: $500,00
Each party shall hold the other harmless and indemnify the other for any failure to pay their respective
obligations relative to the marital debt as outlined above,
IS. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided, each party may dispose of his or her property in any way, and
each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire,
under the present or future laws of any jurisdiction, to share in the property or estate of the other as a
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each psrty hereby waives and relinquishes any and all rights he or she may now have or bereafter acquire.
under lhe present or future laws of any jurisdiction, to share in lhe property or estate of lhe olher as a
result of lhe marital relationship, including wilhout Iimilation, dower. curtesy, SlalUtory allowance.
widow's allowance, intestate share, right to lake against lhe will of lhe other, and right to act as
administrator or executor of lhe olhers eSlate, Each will, at lhe request of lhe other, execute.
acknowledge and deliver any and all instruments which may be necessary or advisable to carry imo effect
lhis mutual waiver and relinquishment of all such imerests, rights and claims.
16, SUBSEOlJENT DIVORCE:
Husband intends 10 file a no-fault complaint in divorce against Wife, Husband and Wife each agree
to jurisdiction of the Court of Common Pieas of Cumberland County and further agree to sign an affidavit
of consent to be filed in said divorce action, In the event such divorce action is concluded, the parties
shall be bound by all lhe terms of this Agreement which may be incorporated by reference into the
Divorce Decree, shall not be merged into the Divorce Decree, and shall not be modified, but shall in all
respects survive the same and be furlher binding and conclusive upon the panies, II is lhe intention of the
panies lhatlhe Agreement shall survive any action for divorce which may be instilUted and prosecuted by
either party and no order, judgment or decree of divorce, temporary, final or permanent shall affect or
modify lhe financial terms of lhis Agreement, This Agreement may be incorporated in but shall Dot
merge into any such judgment or decree of final divorce, but shall be incorporated for lhe purposes of
enforcement only,
17, BREACH AND ENFORCEMENT:
If eilher party breaches any provision of this Agreement, lhe olher party shall have the right, at his
or her election, to sue for damages for such breach, or seek olher such remedies or relief as may be
available to him or her, and lhe party breaching lhis Agreement should be responsible for payment of
legal fees and costs incurred by lhe olher in enforcing his or her rights under this Agreement
A, It is expressly understood and agreed by and between lhe panies hereto lhat lhis Agreement
may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an
action to enforce this Agreement is brought in Equity by eilher party, the olher party will make no
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Coun in Equity by this Agreement. bul they agree as provided herein for the forum of Equity i~ mUlUal
retognition of the present state of the law. and in retognition of the general juri5diction of CourtS in
Equity over agreemenL~ such as lhis one,
8, Notwilhstanding anylhing to lhe contrary herein. Husband and Wife may also proceed wilh an
action at law for redress of his or her righlS under lhe tenns of this Agreement. and in such event it is
specifically understood and agreed lhat for and in specific consideration of the other provisions and
covenanlS of this Agreement. each shall waive any right to a jury trial so as to expedite the hearing and
disposition of such case and so as to avoid delay,
C, Each party further hereby agrees to pay and to save and hold harmless the other party from any
and all attorney's fees and coslS of litigation that either may sustain. or incur or become liable for, in any
way whalSoever, or shall pay upon, or in consequence of any default or breach by the other of any of the
tenns or provisions of this agreement by reason of which either party shall be obliged to retain or engage
counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way
whalSoever; provided that the party seeks to recover such attorney's fees, and COSIS of litigation must first
be successful in whole or in pan, before there would be any liability for allomey's fees and COSIS of
litigation, It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall
bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or
herself as well as the other party in endeavoring to protect or enforce his or her righlS under this
Agreement.
18, ADDITIONAL INSTRUMENTS:
Each of the parties shall from time to time, at the request of the other, execute, acknowledge and
deliver to the other party any and all further instrumenlS that may be reasonably required to give full force
and effect to the provisions of this Agreement.
19. VOLUNTARY EXECUTION;
The provisions of this Agreement and their legal effect have been completely reviewed by the
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panie~. and each pany acknowledgeslltatthe Agreement is fair and equitable. lItat it is being entered into
voluntarily. willt full knowledge of tlle assets of both panies. and that il is not the result of any duress or
undue influence, The panies acknowledge that lItey have been furnished with all infonnation relating 10
lite financial affairs of the ollter which has been requested by each of litem,
20, ENTIRE AGREF.MENT,
This Agreement contains lhe enlirc understanding of the panies and there are no representations.
warranties. covenanlS or undertakings other than lItose expressly set forth herein, Husband and Wife
acknowledge and agree that the provisions of this Agreement with respect to the division and distribution
of marital and separate property are fair. equitable and satisfactory to them based on the length of their
marriage and other relevant factors which have been taken into consideration by the panies, Bollt panies
hereby accept the provisions of lhis Agreement with respect to the division of property in lieu of and in
full and final settlement and satisfaction of all claims and demands that they may now have or hereafter
have against the other for equitable distribution of their property by any coun of competenl jurisdiction
pursuant to Section 401(d) of the Divorce Code or any other laws, Husband and Wife voluntarily and
intelligently waive and relinquish any right to seek a coun ordered determination and distribution of
marital property. but nothing herein contained shall constirute a waiver by either party of any rights to
seek the relief of any coun for the purpose of enforcing any provision of this Agreement,
21. DISCLOSURE:
Husband and Wife each represcnl and warrant to the other that he or she has made a full and
complete disclosure to the other party of all assets of any nature whatsoever in which such party has an
interest. the sources and amount of the income of such party or every type whatsoever and of all other
facts relating to the subject matter of this Agreement,
22, MODIFICATION AND WAIVER:
A modification and waiver of any of the provisions of this Agreement shall be effective only if
made in writing and executed willt the same formality as this Agreement The failure of either party to
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insist apon stri't performance of any of the provisions of this Agreement shall nOl be ,construed as a
waiver of any subM:quent defaull of the same or similar nature,
23, PRIOR AGREEMENT:
II is understood and agreed that any and all propeny settlement agreements which mayor have been
executed prior to the date and time of this Agreement are null and void and of no effect.
24, DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for convenience only, They shall have no effect
whatsoever in determining the rights or obligations of the panies.
25, INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the panies hereto that each paragraph
hereof shall be deemed to be a separate and independent covenant and agreement.
26, APPLICABLE LAW:
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
27. VOID CLAUSES:
If any terms, conditions, clause or provision of this Agreement shall be determined or declared to
be void or invalid in law or otherwise, then only thai 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,
28, AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns,
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IN WITNESS WHEREOF. and intending 10 be legally bound the panics herelO have sel their hand and
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RICHARD J MURPHY-
Commonwealth of Pennsylvania
County of Cumberland
On this, the / f ,day of/~'O tU/t- A,D, 2000. before me a Notary Public
appeared. Richard James Murphy, known ro me (or satisfactorily proven) to be rhe person whose
name is subscribed to the within instrument, and acknowledged rhat he execllled the same for the
purposes therein contained,
IN WITNESS WHEREOF, I hereunto ser my hand and official seal,
4LA.Ut. (h.'()litJrIy {Seal}
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{/ Title of Officer
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DARNELL LV RAINE MURP Y
_Soal
Anno Cam1ody, ~ PubIlc
Mechanlcsbura Bonl, Cumbilr1and Coooty
My CommiBBTon Expires Mer, 11. 2002
Commonwealth of Pennsylvania
County of Cumberland
On this, rhe If. day ofA(~A'D' 2000. before me a Norary Public
appeared. Darnell Lorraine Murphy known ro me (or sarisfacrorily proven) to be rhe person whose
name is subscribed to rhe wirlrin insrmmelll, and acknowledged rhat he execured the same for the
purposes therein contained,
IN WITNESS WHER OF, I hereunro set my hand and official seal,
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Title of Officer
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y Commission Expires Mar, 11, 2002
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NOTlCIA
1./1 "AN DI!MANDO A USTED I!N LA CORTE. Si us/ed quiere defenderse de
eslns demnndns expueslas en lea paginns siguienles, usted tiene vienta (20)
dins de plnzo nl pertir de al fecha de la demanda y la noticicacion. Usted debe
presebntar uuuna npnrienda escrilia 0 en persona 0 per abobgado y ardhivar
en In corle en formn escritia sus defend ad 0 sus objectiones alas demand as en
contrn de su persona, Dea avisado que si usted no de defiended, la corte
lomnrn medidns y puede una orden contra usted sin previa aviso 0
nolificaclon y per cualquier queja 0 aquvui que es pedido en la peticion de
demnnda. Us/ed jpuedo parder dinero 0 sus jpropiedades 0 stros derecho
imporlnntes par us/ed,
UI!VE EST A DEMANDA A UN ABOGODO IMMEDIATAMENTE. SI NO 1lENE
ABOGADO 0 SI NO TIENE IlL D1NERO SUFlOENTE DE PAGAR TAL SERVIOO, VV AYA
EN PERSONA 0 LLAMA PER TELRFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRIT A ABOJO PARA A VERGUAR DONDE SE PUEDE CONSIGUIA
ASISTENCIA LEGAL.
Dauphin County Lawyer Referral Service
213 North Front Street
Harrisburg, PA 17101
(717) 232-7536
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RICHARD JAMES MURPHY,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
PENNSYLVANIA
: NO, -5-1999 .- /7;<; CL..J. ,"--
: CIVIL ACTION - LAW
: IN DIVORCE
DARNELL LORRAINE MURPHY,
Defendant
COMPLAINT IN DIVORCE
PURSUANT TO SECflON 3301 (c) OF THE DIVORCE CODE
The Plaintiff, Richard James Murphy, brings this action in divorce
against the Defendant Darnell Lorraine Murphy, on the following basis:
1. Plaintiff, Richard James Murphy, is an adult individual residing
at 21 South Spring Garden Street, Carisile, Cumberland County,
Pennsylvania.
2. Defendant, Darnell Lorraine Murphy, is an adult individual
residing at 143A Garden Avenue, New Cumberland, Cumberland County,
Pennsy I vania.
3. Plaintiff has been a bona fide resident in the Commonwealth at
least six months immediately pervious to the filing of this Compiaint.
4, Plaintiff and Defendant were married April 16, 1983.
5. Plaintiff is on active duty, US Army Guard Reserve.
6. There have been no prior actions of divorce or for annulment
between the parties.
7. The marriage is irretrievably broken.
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JUDmt FRANCIS DOLGOS'
ATTOAHEY AT LAW
p.o. IoxIOlOt
HantIOurg, PA 17101oOIOI
(7lnm:o,ao
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
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RICHARD JAMES MURPHY
Plaintiff
DARNELL LORRAINE MURPHY,
Defendant
No: 99.1789
CIVIL ACTlON.LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
t A complaint in divorce under sec, 3301(c) orrhe Divorce Code was filed on March 26,
1999, an amended complaint under sec, 3301 (C) and 3301 (d) was filed on September
17, 1999,
2, The marriage of the plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing and service of the complaint
3, I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree,
I verify that the statements made in this affidavit are true and correct I understand that false
statements herein are made subject to the penalties of 18 Pa, C,S, sec, 4904 relating the unsworn
falsification to authorities,
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Date: Jit I )~ (j6
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Richard Jame
Plaintiff
WAIVER OF NOTICE
OF INTENTION TO REQUEST
ENTRY OF DIVORCE DECREE UNDER SEC, 3301(c)
OF THE DIVORCE CODE
1,
I consent to the entry of a final divorce without nolice,
2,
I understand that I may lose rights concerning alimony, division of property, lawyers fees
or expenses if I do not claim them before a divorce is granted,
3,
I understand that I will not be divorced untli 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,
Date:~
Richard Jam
Piaintiff
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RICHARD JAMES MURPHY,
Plaintiff
v
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No: 99.1789
CIVIL ACTION, LAW
DARNELL LORRAINE MURPHY,
Defendant
AMENDED COMPLAINT IN DIVORCE
PURSUANT TO
SECTION 3301 CC) OR SECTION 3301 Cd) OF THE DIVORCE CODE
AND NOW comes plaintiff, Richard James Murphy, by and through his attorney, Judith F.
Dolgos, Esquire, amends this Complaint to include Section 3301 (d) of the Divorce Code:
1. Plaintiff, Richard James Murphy, is an adult individual residing at 21 South Spring
Street, Carlisle, Cumberland County, Pennsylvania.
2, Defendant, Darnell Lorraine Murphy, is an adult individualt residing at 143 A
Garden Avenue, Nre Cumberland, Cumberland, Pennsylvania,
3, Plaintiff has been a bona fide resident in the Commonwealth at least six months
immediately previous to the filing of this Complaint.
4.
5,
6,
parties,
7,
8,
Plaintiff and Defendant were married April 16, 1983,
Plaintiff is on active duty, US Army Guard Reserve,
There have been no prrior actions for divorce or for annulment between the
The parties have been living seperate and apart since January 20, 1997,
The marriage is irretrievably broken,
RICHARD JAMES MURPHY.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No: 99,1789
CIVIL ACTION, LAW
v
DARNELL LORRAINE MURPHY,
Defendant
COUNTER.AFFIDAVIT UNDER I; 3301(d)
OF THE DIVORCE CODE
1. Check either (a) or (b) :
o
(a)
(b)
o
I do not oppose the entry ot a divorce decree,
D
I oppose the entry ot a divorce decree because (Check (i), (ii) or both):
(i) The parties to this action have not lived separate and apart tor a period
at least two years,
o (ii) The marriage is not irretrievably broken.
2, Check either (a) or (b) :
U (a) I do not wish to make any claims for economic relief, 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,
\6 (b) I wish to claim economic relief which may include alimony, division of
properG,)awyer's fees or expenses or other important rights,
I understand that in addition to checking (a) or (b) above, I must also tile all of my
economic claims with the prothonotary in writing and serve them on the other party, If I fail to do
so before the date set forth on the Notice of Intention to Request a Divorce Decree, the divorce
decree may be entered without further delay,
I verify that the statements made in this counter.affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa, C.S, I; 4904
relating to unsworn falsification to authorities.
Date: jQ]lq]ytj By: ~
Darnell Lorraine Murphy
NOTICE:: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO
NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS
COUNTER-AFFIDAVIT. '
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JVDI11I. FRANCIS DOLGOS
ATTCRNEY AT lAW
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RICHARD JAMES MURPHY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 99.1789
CIVIL ACTION.LAW
IN DIVORCE
v.
DARNELL LORRAINE MURPHY,
Defendant
SOCIAL SECURITY NUMBERS
PLAINTIFF:
RICHARD JAMES MURPHY 234.15.3579
DEFENDANT: DARNELL LORRAINE MURPHY (FRANCO) 576-94-6926
Date: September 20 2000
~hqf;':-~
udilh F, Dolgos
Attorney ID 68738
Attorney for Plaintiff
By:
P,O, Box 60809
Harrisburg, PA 17106-0809
(717) 541-9660
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