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HomeMy WebLinkAbout07-3405 r Law Offices of David R. Yoder P.O. Box 215, Carlisle, PA 17013 (717) 571-2088 oje6'; ? IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY MICHAEL MURRAY, . Plaintiff V. SHANNON M. MURRAY Defendant CIVIL ACTION- LAW NO. 01'3405 Civil Terrn IN DIVORCE L COMPLAINT UNDER DIVORCE 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Michael Murray, by and through his attorney, David R. Yoder, Esquire and represents the following: 1. Plaintiff is Michael Murray, who currently resides at 116 Pearl Drive, Carlisle, Cumberland County, Pennsylvania, since December 1999. 2. Defendant is Shannon Marie Murray, who currently resides at 116 Pearl Drive, Carlisle, Cumberland County, Pennsylvania, since December 1999. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 3, 1996 at Oak Hill, West Virginia. 5. There have been no prior actions for divorce or annulment between the parties. Murray v. Murray Divorce Complaint 6. The marriage is irretrievably broken. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter a decree of divorce, and/or enter such other Orders as the Court deems just. II. EQUITABLE DISTRIBUTION 7. Paragraphs 1 through 6 are hereby incorporated by reference as if fully set forth. 8. During the marriage the parties gained assets as husband and wife such that there is marital property as defined in Title 23 of the Pennsylvania Consolidated Statutes. 9. The parties also incurred marital debt. 10. Both these categories require equitable distribution as part of the dissolution of the marriage under 23 Pa. C.S. §3502. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably distribute these, and/or enter such other orders as the Court deems just. III. COUNSEL FEES. COSTS 11. Paragraphs 1 through 10 are hereby incorporated by reference as if fully set forth. 12. Plaintiff believes and therefore avers that this is a proper case for the Court to order counsel fees and costs under 23 Pa. C.S. §3703. -2- Murray v. Murray Divorce Complaint WHEREFORE, Plaintiff respectfully requests this Honorable Court to order the payment of reasonable counsel fees and costs, at the conclusion of the case or pendente lite, as appropriate, or enter such other order as the Court deems just. Respectfully submitted, a J- , David R. Yoder 2 - Pa. Att'y I.D. # 7 81 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 -3- Murray v. Murray Divorce Complaint Verification I hereby verify that the statements made in the within document are true and correct to the best of my knowledge, with certain of the statements being made with my own personal knowledge, and others being made upon information and belief. I have made all assertions herein pursuant to the provisions of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date {.C)-) aet&j Michael Murray -4- (? N V' ? 1 r-- (? Crj i t ?a SLI rc s IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA- CUMBERLAND COUNTY Michael MURRAY, Civil Action- Law Plaintiff V. No. 07-3405 Civil Term Shannon M. MURRAY, Defendant In divorce Acknowledgment of Service I, Shannon M. Murray, hereby acknowledge that I have received a true and attested copy of the Divorce Complaint filed in the above-captioned case, on the date indicated below. - gj - C) Date Shannon M. Murray ? N° ? ? ?? ? ? t, ? i C ? ? ?-- ; ?. _ . . ? - S ?-' -: T ? - `?C ? ? y? G,? ? W -...t MICHAEL MURRAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-3405 SHANNON M. MURRAY : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Shannon M. Murray, in the SAM PLOWER ,& Lra3w ArJaINKMARM 26 West High Sues Carlisle, PA above captioned case. Dated: g- a 9` o l Respectfully Submitted, S IS, F OWE ? INDSAY Marylo tas, E uire Attomey .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 (717) 243-6486 - facsimile Counsel for Defendant C) c? 0 p. ,. C i1 CA) ? Y :e m L-~ CO t7 MICHAEL MURRARY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW : NO. 2007-3405 SHANNON M. MURRAY, Defendant IN DIVORCE MOTION FOR APPOINTMENT OF SPECIAL MASTER Defendant, Shannon Murray, moves the Court to appoint a Special Master with respect to the following claims: (X) Divorce (X) Equitable Distribution of Property () Annulment () Support () Alimony (X) Counsel Fees () Alimony Pendente Lite (X) Costs and Expenses 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The Plaintiff has appeared in this action by his attorney, and is represented by his counsel of record, David R. Yoder, Esquire. 3. The statutory grounds for divorce are (3301 [c] and 3301 [d]). 4. The action is contested with respect to the following claims: equitable SAMIS, FLOWER & LINDSAY nnon?Aruw 26 West High Street Carlisle, PA distribution, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the motion: None. 8. Name of other attorney: David R. Yoder 215 Carlisle, PA 17013 Respectfully Submitted, V 40 Ma 4 tN s, Es ire Attorney- o.84919 26 W. Main Street Carlisle, PA 17013 (717) 243-6222 Dated: /? o?Q q Attorney for Defendant SAWIS, FLOWER & LINDSAY nno nruw 26 West High Street Carlisle, PA FiL E --Cl, iFIGE OF THE PROTHONOTARY 2009 JUL 22 AN 9: 5 if J- JTY SHANNON MURRARY, Plaintiff V. MICHAEL MURRAY, Defendant 2 2009 ? IN THE COURT OF COMMON PLEA:3 CUMBERLAND COUNTY, PENNS`(L•VANIA CIVIL ACTION - LAW NO. 2007-3405 IN DIVORCE ORDER APPOINTING SPECIAL MASTER AND NOW, this day of 2009, r AL4 .LL Esquire, is appointed Special Master with respect to the following claims: (X) Divorce (X) Equitable Distribution of PropE;rty () Annulment () Support () Alimony (X) Counsel Fees () Alimony Pendente Lite (X) Costs and Expenses BY TH UR , -- `1 .J. Cc: 7?vid Matas, Esquire Attorney for Defenant . R. Yo der, Esquire Attorney for Plaintiff 14 SAIDIS, FLOWER & LINDSAY ATIOMM-AT uw 26 West High Street Carlisle, PA FILE€? ?rri 1IU:.. OF THE P,-0THrn1dr RY 2009 JU 23 PM 2: 11 MICHAEL MURRAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3405 SHANNON M. MURRAY : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed June 8, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: V ?c IC/ f-L -. W g MICHAEL MU Y PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERS 3301 W OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my SAMIS, FLOWER & LINDSAY AA?IAW 26 West High Street Carlisle, PA knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: ?C 1V? !& MICHAEL ?VJRRAY Rt E.sE?' OF THE 2069 DEC 14 Vi=i; 3= 38 CU?li?r :.=.??itY MICHAEL MURRAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-3405 SHANNON M. MURRAY, : Defendant IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this I day of 2009, by and between SHANNON MURRAY, of Cumberland' County, Pennsylvania, party of the first part, hereinafter referred to as "Wife", AND MICHAEL MURRAY, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on August 3, 1996, in Oakhill, West Virginia, and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of --Page 1 of 13-- Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, David R. Yoder, Esquire and to Wife by her counsel Marylou Matas, Esquire. 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may --Page 2 of 13-- reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Tangible Personal Proaerty: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property. Wife agrees that all of the other property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 6. After Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) Husband shall retain sole and exclusive possession of the parties' 2006 Jeep Wrangler. This vehicle is encumbered with a loan with an approximate balance of $24,000. From the date of execution of this Agreement forward, Husband shall --Page 3 of 13-- be solely and exclusively responsible for the repayment of this loan. Husband shall make all such payments in a timely fashion as they are due. Husband shall indemnify Wife and hold her harmless from any and all collection activities whatsoever for this loan. Wife shall make no claim to Husband's access or ownership of said vehicle. Wife will promptly execute any and all necessary documents to transfer the vehicle to Husband's name individually upon Husband's refinance or satisfaction of the aforesaid loan, or upon the sale of the vehicle. Husband shall be responsible for the cost of the transfer of the title to his name individually. Husband shall be responsible for the cost of registration and all maintenance for this vehicle, so long as he maintains possession and use of it. b.) Wife shall retain sole and exclusive possession of the parties' Ford Explorer Sport Track. This vehicle is encumbered with a loan with an approximate balance of $28,000. From the date of execution of this Agreement forward, Wife shall be solely and exclusively responsible for the repayment of this loan. Wife shall make all such payments in a timely fashion as they are due. Wife shall indemnify Husband and hold him harmless from any and all collection activities whatsoever for this loan. Husband shall make no claim to Wife's access or ownership of said vehicle. Husband shall promptly execute any and all necessary documents to transfer title to this vehicle to Wife's name individually upon the refinance or satisfaction of the aforesaid loan, or upon the sale of the vehicle. Wife shall be responsible for the cost of the transfer of the title to her name individually. Wife shall be responsible for the cost of registration and all maintenance for this vehicle, so long as she maintains possession and use of it. 8. Real Estate: The parties own real estate located at 116 Pearl Drive, Carlisle, Cumberland County, Pennsylvania. This property is encumbered with a first mortgage due and owing to Beneficial; a home equity loan owing to Beneficial; and arrears on the mortgage and equity loan to Beneficial. From the date of execution of this Agreement forward, Wife shall --Page 4 of 13-- maintain sole and exclusive responsibility for the repayment of the aforesaid mortgage and home equity loans, including the arrears in some amount as she has arranged with the creditor, and indemnify Husband and hold Husband harmless from any and all demand for payment or collection activity whatsoever. Wife shall retain ownership of this property. Husband shall waive all right, title, interest in this property whatsoever and shall not re-enter the residence for any purpose without express permission and authorization to do so by Wife. Husband shall execute a deed transferring her interest in the property to Wife's name individually upon execution of this Agreement. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 10. Pension Interests: Husband owns or has a 401(k) account with Holy Spirit Hospital. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in Husband's 401(k) account. In addition Husband owns or has an interest with a pension or retirement account through his employment with Carlisle Hospital. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in Husband's pension or retirement accounts through this employment. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in Husband's pension or retirement account as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Wife owns or has an interest in a 401(k) account through her employment with Carlisle Hospital. Husband hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may have in Wife's 401(k) account through this employment. In addition, Husband hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may have in any other of Wife's pension or retirement accounts as well as other accounts --Page 5 of 13-- that Wife may have in her individual name or may have secured though her present or prior employment. 11. Marital Debt: a. Post Separation Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. In the event that either party contracted or incurred any debt since the date of separation on June 8, 2007, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. b. Future Debt: From the date of this Agreement forward, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. C. Marital Debt: The parties have incurred debt during their marriage. Each party has filed an individual bankruptcy. Husband filed a Chapter 7 bankruptcy prior to the execution of this Agreement. Wife has filed a Chapter 13 bankruptcy prior to the execution of this Agreement. The parties do not believe there are other marital debts to be disposed of as of the date of this Agreement which have not already been included in their individual bankruptcy filings. In addition, the parties agree to maintain responsibility for any other debts that are listed in either of their own names individually. However, Husband and Wife do not believe there exist any other obligations in their names individually or jointly not otherwise mentioned herein. 12. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 13. Spousal Support, Alimony, Alimony Pendente Lite, and Spousal Maintenance: a.) Wife hereby waives any right or claims of any nature whatsoever relative to --Page 6 of 13-- alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. b.) Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. 14. Income Tax: The parties have filed a joint tax return for the 2007 tax year and have divided any refund received. The parties received a 2007 federal rebate and have equally divided the rebate received. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties agree that each party shall claim one child as a dependent on their tax return for all tax years for so long as the parties maintain shared physical custody of the children. 15. Medical Insurance: From the date of separation forward, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. Wife shall maintain coverage for Husband's health insurance and shall maintain that coverage until the time a final decree in divorce is entered. Upon entry of the decree in divorce, Husband shall elect his own health, medical and dental insurance, either under the applicable provisions of COBRA, with Wife's group health insurance or another plan of his choosing. --Page 7 of 13-- 16. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 17. Divorce: At the time of execution of this Agreement, Wife has commenced an action for divorce against Husband. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually --Page 8 of 13-- waive any and all rights they may have under §3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. c.) The parties shall sign Affidavits of Consent and all other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the time of execution of this Agreement and return those documents to counsel for Husband. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. 18. Legal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. 19. Non-Compliance: If either party fails to comply any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such failure, in which event the non-complying party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 20. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 21. Summary of Effect of Agreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for --Page 9 of 13-- any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 22. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 23. Mutual Cooperation/Duty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 24. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 25. Severabilitv: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with --Page 10 of 13-- exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 26. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 27. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 28. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 29. Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any --Page 11 of 13-- breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 30. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 31. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 32. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: (]With '4 `-?a 1.8 W) )a .? lal(jInq ate SHANNON MURRAY ?a 10g-0 Date MICHAEL RRAYY --Page 12 of 13-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this `T ^ day of 2009, before me, the undersigned officer, personally appeared, Michael Murray, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /u *T[E ML MCIa1.i , WTMyPAW OWN NY OOMaym on" MWiCF1 a 031 Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this l day of et_q 2009, before me, the undersigned officer, personally appeared Shannon Murray, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL BARBARA E. STEEL, Notary Public Carlisle Boro, Cumberland County, PA My Commission Expires June 7, 2011 --Page 13 of 13-- 2 `u9 D,LDC 14 Pi 3: 39 MICHAEL MURRAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-3405 SHANNON M. MURRAY, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed June 8, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: IAl I tv SHANNON M. MURRAY DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 W OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SA ILS, FWNVM & II10sY Art(AMMAMAW 26 West High Street Carlisle, PA and that a copy of the Decree will be sent to me immediately after it is filed' with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ?,? ?.tlY Date: 1 1 ti '1 NA, SHANNON M. MURRAY 2009 DEC 16 PM 3: 4 5 MICHAEL MURRAY, Plaintiff VS. SHANNON M. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3405 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this /S-W day of }? . 2009, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated December 11, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, David R. Yoder cc: Attorney for Plaintiff Marylou Matas Attorney for Defendant LE I 1 14/0`j "-/-q EdgaiYrIB. Bayley, P.J. FILED-0 FICE OF THE PROTHONOTARY 2009 DEC 16 PH 2: 2 9 MICHAEL MURRAY, Plaintiff v SHANNON M. MURRAY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-3405 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on June 8, 2007, by regular mail. Proof of service was filed with the Court on July 3, 2007. 3. Date Affidavit of Consent required under Section 3301(c) or (d) of the Divorce Code was signed: By Plaintiff: December 14, 2009 and filed with the Prothonotary on December 14, 2009. By Defendant: December 16, 2009 and filed with the Prothonotary on December 16, 2009. 4. Related claims pending: Resolved by the Marital Settlement Agreement dated December 11, 2009. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: December 14, 2009 and filed with the Prothonotary on December 14, 2009. By Defendant: December 16, 2009 and filed with the Prothonotary on December 16, 2009. SAIDIS, F -OWERR & 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Maryl 'a s, Esquire Supreme urt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Defendant tt [g _C n g} yn, r ate!, ... ._ ... MICHAEL MURRAY : V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHANNON M. MURRAY NO. 2007-3405 DIVORCE DECREE AND NOW, 'Dec.t Z.L 2-6vJ-, it is ordered and decreed that MICHAEL MURRAY , plaintiff, and SHANNON M. MURRAY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE The terms of the Separation and Property Settlement Agreement dated December 1, 2009, are incorporated, but not merged, into this Decree of Divorce. By the Court, t st: J. r thonotary 6?4?- t,