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HomeMy WebLinkAbout07-2814JAMES E. MURTORFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02. o? / S CIVIL TERM CATHY J. MURTORFF, Defendant CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL, HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. By: SNELBAKER & BRENNEMAN, P.C. IhA, Attorneys for Plaintiff JAMES E. MURTORFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0 - 2 k CIVIL TERM CATHY J. MURTORFF, ; Defendant CIVIL ACTION -LAW IN DIVORCE COMPLAINT COUNT I - DIVORCE 1. Plaintiff James E. Murtorff is an adult individual residing in Cumberland County, Pennsylvania. 2. Defendant Cathy J. Murtorff is an adult individual residing at 32 Center Street, No. 5, Mount Holly Springs, Cumberland County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on May 6, 2006 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. LAW OFFICES SNELSAKER & BRENNEMAN, P.C. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The parties to this action separated on October 22, 2006. 9. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff James E. Murtorff requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10, inclusive, of this Complaint are incorporated by reference herein. 11. The Plaintiff and Defendant have legally and beneficially acquired property and debts during their marriage from May 6, 2006. 12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff James E. Murtorff requests this Court to order equitable LAW OFFICES SNELBAKER & BRENNEMAN, P.C. distribution of marital property and debts. -2- WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony; (b) order equitable distribution of marital property and debts; and (c) order such other relief as this Court deems just and reasonable. SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Date: May 9, 2007 Attorneys for Plaintiff James E. Murtorff LAW OFFICES -3 SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Petition 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. _ 4?. OWE James E. Murtorff Date: May 9, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. JAMES E. MURTORFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL TERM CATHY J. MURTORFF, ; Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT JAMES E. MURTORFF, being duly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. James E. aMM A?b Date: May 9, 2007 (Plaintiff) LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 0 v\ gi D 0 F W- W E5 cn 'r> G , -C JAMES E. MURTORFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2814 CIVIL TERM CATHY J. MURTORFF, Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for James E. Murtorff, Plaintiff in the above captioned action in divorce; that on May 9, 2007 he did send to Defendant Cathy J. Murtorff by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7003 1010 0000 81310838; that the Complaint and cover letter were duly received by Defendant Cathy J. Murtorff, as evidenced by the return receipt card for said certified mail dated May 11, 2007; that a copy of the aforementioned cover letter dated May 9, 2007 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, LAW OFFICES SNEL13AKER & BRENNEMAN, P.C. information and belief. Keith O. Brenneman Sworn to and subscribed before me this 14th day of May, 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L Mabazi, Notary Public Mec w*xbura Boro, Cumberland County My CwvnWm E*res Nov. 24.2W7 Member, Pennsylvania AssoolaWn of Notaries -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. y SNELBAKER & BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER P. O. BOX 318 KEITH O. BRENNEMAN 717-697-8528 FACSIMILE (717) 697-7681 May 9, 2007 Cathy J. Murtorff 32 Center Street No. 5 Mount Holly Springs, PA 17065 Re: Murtorff v. Murtorff Dear Ms. Murtorff: Enclosed please find a certified copy of a Divorce Complaint, the original of which was filed this date with the Prothonotary in Cumberland County. I ask that you have your attorney contact me directly or in the alternative, please contact my secretary, Susan, at my office number above and provide me with the name of your attorney. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: James E. Murtorff (w/enclosure) Via certified mail, return receipt requested, restricted delivery, parcel No. 7003 1010 0000 8131 0836 EXHIBIT A Cc - - M .0 ¦• • ' C3 A L Postage $ C3 Car itied Fee c2. 'q Q N QTR C3 Return Reclept Fee (Endorsement RequuIred) v \N011 f-3 O ResMctedDelNery,Fee (Endorsement Required) /y V n! JI Total Postage & Fees $ 9.5 >-- Q M ° TO Cathy J. Murtorff E3 ----- ------------------------------------- - tti' -- CtrooI- Nn rl LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ¦ Complete items 1, 2, and 3. Also complete itwn 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 mailpiece, or on the front if space permits. 1. Article Addressed to: Cathy J. Nairtorff 32 Center Street No. 5 Momt Holly Springs, PA 17065 A. Sig x E3 Agent V Addreeese Z. 4WIf r B. Received by (Printed Name) C. D CATOY S. ML?O? 167-11161 D. Is dellvar? address different from Item 1? ? Yee If YES, enter delivery address below: NO 3. #qrvice Type CertIN d Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? pffra Fee) ? Yes 2. Article Number (rransfer from mvke faW 7003 1010 0000 8131 0838 Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT B ? ?a -Ti 4 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of , 2007, is by and between: JAMES E. MURTORFF of Cumberland County, Pennsylvania, hereinafter referred to as "Husband"; and CATHY J. MURTORFF of Mt. Holly Springs, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 6 May 2006 and there are no children born of this marriage; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Husband has initiated an action in divorce filed to No. 2007-2814 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire, and Husband by Keith O. Brenneman, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. Pagq.1 of 11 NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. MOBILE HOME. The parties acknowledge that they own a mobile home which is currently located on Lot 5 at 32 Center Street in Mt. Holly Springs, Pennsylvania, that the title to the mobile home is currently in their joint names, and that the title to the mobile home is encumbered by a lien in favor of the 2V Mortgage Company on which a balance is owed at this time of approximately $20,000.00. With regard to the mobile home and the loan, the parties agree as follows: A. Husband shall transfer and assign to Wife all of his right, title, and interest in the mobile home and, to accomplish such transfer, shall sign all documents necessary to transer the title to the mobile home to Wife's name alone. B. Wife will secure Husband's unconditional release from the debt owed to the .21St Mortgage Company which is secured by a lien or encumbrance against the title to the mobile home. C. After transfer of the title to the mobile home to Wife in accordance with Sub Paragraph A hereof, Wife shall be solely responsible for the payment of all debts, expenses, and obligations-arising out of her use, occupancy, or ownership of the mobile home and shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to do so. The parties shall cooperate to complete the transfer of ownership of the mobile home and to obtain Husband's release from the debt which encumbers the title to the mobile home as promptly as possible after the execution of this agreement. The parties shall make, execute, acknowledge and. deliver all documents necessary to implement the terms of this paragraph promptly after the date of this Agreement. Page 2 of 11 2. MOTOR VEHICLES. The parties agree that they will divide, distribute, and otherwise dispose of the motor vehicles owned by them, and any debt associated with those vehicles, as follows: A. Wife shall retain the 1997 Pontiac Trans Am automobile currently titled in her name. The parties acknowledge that there is no debt which encumbers this vehicle. B. Wife will retain the 1999 Chevrolet S-10 Pickup Truck currently titled in her name and shall pay the debt owed to Members 1't Federal Credit Union which encumbers the title to.the vehicle. C. Husband will retain the 2002 Chevrolet S-10 Pickup Truck currently titled in his name and shall pay and satisfy in accordance with its terms, the debt owed to Members 1s` Federal Credit Union which encumbers the title to the vehicle. D. Husband shall retain the three Harley Davidson motorcycles currently titled in his name. The parties acknowledge that these motorcycles are not encumbered by any debt. The parties will make, execute, acknowledge, and deliver any and all documents necessary to accomplish the transfer or waiver of ownership in the motor vehicles as set forth herein. Each of the parties shall be responsible to pay any and all debts, expenses, or other obligations arising out of their ownership or operation of said motor vehicles and shall indemnify and save the other harmless from any loss, cost, or expense caused to them by their failure to do so. 3. PERSONAL PROPERTY. Husband shall retrieve from the mobile home owned by the parties those items of personal property listed on Schedule A which is attached hereto and shall retrieve them within thirty (30) days of the date of this Agreement. At the same time, he will return to Wife, those items listed on Schedule B which is attached to this Agreement. Otherwise, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and 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, whether said property was heretofore Page 3 of .11 owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 4. WAIVER OF EQUITABLE DISTRIBUTION. 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 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 a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 5. WAIVER OF ALIMONY, SUPPORT AND ALIMONY PENDENTE LITE. The parties 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. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties 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 themself, counsel fees, 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 and the parties do hereby remise, release, quit claim, and Page 4 of 11 relinquish forever any and all right to support, alimony, 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. 6. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or herheirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 7. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. Page 5 of 11 8. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 9. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so.aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 10. BREACH. In the event that any of the provisions of this agreement are (I breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to Page 6_ of 11 which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 11. CONCLUSION OF DIVORCE. The parties agree that they shall, promptly upon -the request of Husband's attorney, make, execute, acknowledge, and deliver unto said attorney, consents and waivers pursuant to Section 3301(c) of the Pennsylvania Divorce Code and any and all other documents reasonably necessary to conclude a divorce action. The parties agree that they shall take any and all action necessary to conclude a divorce pursuant to Section 3301(c) promptly after the execution of this agreement. 12. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 13. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. Page 7 of 11 14. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 15. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their. hands and seals the day and year first above written. Witness CATHY J. M Page 8 of 11 JA S E. MURTORFF i 7 COMMONWEALTH OF PENNSYLVANIA ) ( SS.. COUNTY OF CUMBERLAND ) On this, the day of , 2007, before me, the undersigned officer, personally appeared JAMES E. MURTORFF known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ( SS.. On this, the day of , 2007, before me, the undersigned officer, personally appeared CATHY J. MURTORFF known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Page 9 of 11 SCHEDULE A Items to be retrieved by James MurtorfP 1. 2. 3. 4. 5. 6. 7. 8. 9. His personal items in lock box. Beer meister Applebee's table Customer lounge sign His bowling ball Cane A reasonable portion of the tools, including garden tools, left in the shed. 8' garden stakes His personal items in the loft of the shed. Page 10 of 11 r& SCHEDULE B Items to be returned to Cathy 3. Murtorff 1. 2. 3. Keys to the trailer and her motor vehicle. Her cell phone. Her white dress shirt. Page 11 of 11 c__ ? ., ; ??? t -- -r rr? ? `mot .? -? ??> `? . ' :.? - ?. j ;'?? r`n .;:s .? .. .?- JAMES E. MURTORFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2814 CIVIL TERM CATHY J. MURTORFF, Defendant CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on 9, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) 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 entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to falsification to authorities. Date: January 4, 2008 %.-- ?. M ?11 U James E. U__LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Q ?-- M Ct _ ? 4? ii TAMES E. MURTORFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2814 CIVIL TERM CATHY J. MURTORFF, Defendant CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S 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 J Prothonotary. 4. 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. § 4904 relating to I unsworn falsification to authorities. Date: January 4, 2008 ?, ? ?Q James E. ortorff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. r .. ? i "iry rn ^.'fy AMES E. MURTORFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2814 CIVIL TERM ?ATHY J. MURTORFF, Defendant CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 fc) 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 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 that a copy of the decree will be sent to me immediately after it is filed with the 4. I verify that the statements made in this affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to Iunsworn falsification to authorities. Date: January 3, 2008 Cath J. urtorff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ? ???_?-? V , 1.1 ? V ?.. ii { i? . ? . l, ? ? ( ?? •` ° . [L ?,f r ?` JAMES E. MURTORFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2814 CIVIL TERM THY J. MURTORFF, Defendant CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301 c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(d) of the Divorce Code was filed on 9, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) Idays 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 entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to I unsworn falsification to authorities. Date: January 3, 2008 . Murtorff ,. LAW OFFICES SNELSAKER EC BRENNEMAN, P.C. s. ? qu' CL'.1 cf) JAMES E. MURTORFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2814 CIVIL TERM CATHY J. MURTORFF, Defendant CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of Complaint: by certified mail, restricted delivery on on May 11, 2007 (see Affidavit of Service filed May 14, 2007). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the vorce Code: by the Plaintiff. January 4, 2008; by the Defendant: January 3, 2008. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: anuary 4, 2008; by the Defendant: January 3, 2008. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. C. January 4, 2008 By: Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ? ? ? ;; °? -- a ?-`? . ?? ? •? ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JAMES E. MURTORFF, Plaintiff VERSUS CATHY J. MURTORFF Defendant N O. 07-2814 CIVIL AND NOW, DECREED THAT DECREE IN DIVORCE IT IS ORDERED AND JAMES E. MURTORFF AND CATHY J. MURTORFF ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; None. The parties' Property Settlement Agreement dated September 14, 2007 is incorporated but not merged into this Decree. BY THE COURT: `. ATT/;SST: J. PROTHONOTARY I Y i .i ?? ??' 4 ? .?.