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HomeMy WebLinkAbout03-5019 Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 RICHARD E. MURPHY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - So l<=j DENISEP. MURPHY, 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. Ajudgment 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Swnple-Sullivan. Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 RICHARD E. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03 - 6Q/'1 DENISE P. MURPHY, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is Richard E. Murphy, an adult individual residing at 3800 Conestoga Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Denise P. Murphy, an adult individual residing at 543 Spring House Road, Camp Hill, Cumberland County, Pennsylvania 170 II. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on November 26, 1983 in Camp Hill, Cumberland County, Pennsylvania. 5. There are two (2) minor children born of this marriage: Ryan C. Murphy, born June 28, 1988; and Travis W. Murphy, born August 18, 1991. 6. The parties separated on October 13, 2001. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act ofthe Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with S 3301(C) and S 3301(D) of the Pennsylvania Divorce Code. COUNT IT EOUlTABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint are incorporated 2 herein by reference tbereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 40 1 (d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, RICHARD E. MURPHY, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems just and re arbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Dated: September J ?, 2003 3 Barbara Swnple-Sullivan" Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 RICHARD E. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. DENISE P. MURPHY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 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 Domestic Relations Office, which list is available to me upon request. 3, Being so advised, I do not require that the Court require that 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.SA Section 4904 relating to unsworn falsification to authorities. Dated: 9fr74,v3 ~~~. Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 RICHARD E. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. DENISE P. MURPHY, Defendant CIVIL ACTION - LAW IN DIVORCE VERlFICA nON I, RICHARD E. MURPHY, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: t;h , 2003 ~ RICHARD E. M Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RICHARD E. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. (?3 - SOl1 CIVIL ACTION - LAW : IN DIVORCE DENISE P. MURPHY, Defendant NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter- affidavit within 1WENTY (20) DAYS after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (D) OF THE DIVORCE CODE 1. The parties to this action separated on or about October 13, 2001, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning spousal support, alimony, division of marital property, attorneys' fees or expenses if! do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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.A. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: 9)9 ,2003 RICHARD E. MURPHY , Plaintifl. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA : NO. DENISE P MURPHY, Defendant CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry ofa divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (I) (ii) or both) _ (I) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (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! do not claim them before a divorce is granted. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If! fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. 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. Section 4904 relating to unsworn falsification to authorities. Dated: Denise P. Murphy, Defendant 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. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A ] 7070 (717) 774-1445 RICHARD E. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-5019 DENISE P MURPHY, Defendant CIVIL ACTIO~ - LAW IN DIVORCE AFFIDA VIT OF SERVICl~ I, Barbara Sumple-Sullivan, Esquire, do hereby certity that I served a copy of the Complaint I In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 700006000028 38923875, Return Receipt Requested, on the above-named Defendant, Denise P. Mnrphy, on September 29, 2003 at Defendant's last known address: 543 Spring House Road, Camp Hill, Pennsylvania 17011. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certity that the facts set forth above are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C. S.A. ~4904 relating to unsworn falsification to authorities. Dated: October 3, 2003 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PAl 7070- I 93 I (717)-774-1445 Supreme Court ill #323 17 Attorney for Plaintiff U1 r- ." ITI Postage $ $0. $2.30 $1.75 $3.50 n.J IJ" ." ITI Certified Fee Return Receipt Faa cO (Endorsement Required) n.J C C Restricted Delivery Fee (Endorsement Requiredj C Total Postage & Fees $ $8.15 c : ij~~~7t'-q:;f2~n_'j,:ry___7____'hhh___ ~ -~rf::P'- jf)jtj~'1=;O-;;h~.4h---hhhh'---' · Complete nems 1, 2, end 3. Also complete 11Im 4 ~ Restricted Delivery Is desired. · Pllnt your neme end eddress on the reverse 10 that we can return the card to you. · A*ch this card to the back of the msllplece, or on the front If space permits. 1. Allele Addressed to: (fJS. O.em-~ P (Y}/lrp/l&. 5<13 Sprih'1 HOUSR C.CUn p fJ,' /ltf!Jft 1761/ O. Is delivery ..:Id.... dlffsrentlrom If YES, enter delivery address bel !,. 3. Service TyPE' _Certified Mail o Registe~j o Insured Mail o Express Mail o Return Receipt for MerchandIM o C.O.D. 2. _ Number (Copy from service label) .., /000 1'8 Foom3811, July 1 '" '" EXHIBIT "A" 8 ~ "CD "'Inl 2:t1 2r- CJ:lJ': ~6 $ -7(} -0 Pc ~ {;: .1:\Client Directory\Murphy.Oenise\pleadings\Answer & CC to Di" Comp.wpd October 17, 2003 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue. Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant RICHARD E. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5019 CNIL TERM DENISE P. MURPHY, Defendant CNIL ACTION - LAW IN DNORCE 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 armulment 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. When the ground for divorce is indignities or irretrievable bnlakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, P(~nnsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 , I:\Client Oirectory\Murphy-Oenise\pleadings\Answer & CC to OJ.; Comp.wpd October 17, 2003 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant RICHARD E. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5019 CIVIL TERM DENISE P. MURPHY, Defendant CIVIL ACTION - LAW IN DIVORCE ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE AND NOW, comes Defendant, DENISE P. MURPHY, by and through her attorney, Maria P. Cognetti, Esquire, and files the following Answer and Counterclaim to Complaint in Divorce and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is specifically denied that the parties separated on October 13, 2001. The parties separated on October 14, 2001. 7. Admitted. 8. Admitted. . I:\Client Directory\Murphy-Denise\pleadings\Answer & CC to Diy Comp.wpd October 17, 2Q03 9. The truth of this averment is strictly within the knowledge of Plaintiff and therefore no answer is required. COUNT I - DIVORCE NO FAULT 10. Paragraphs 1 through 9 of Plaintiffs Complaint and Defendant's Answers thereto are incorporated herein by reference thereto. 11. Admitted with clarification. While Defendant is in agreement that the parties marriage is irretrievably broken, she does not want the Court to enter a Decree in Divorce without a complete resolution of the economic issues raised her<einafter. WHEREFORE, Defendant requests this Honorable Court enter a Decree in Divorce following the resolution of the economic issues hereinafter raised. COUNT II EOUlTABLE DISTRIBUTION 12. Paragraphs 1 through 11 of Plaintiffs Complaint and Defendant's Answers thereto are incorporated herein by reference thereto. 13. Admitted. WHEREFORE, Defendant requests this Honorable Court equitably divide the parties' marital property. . I:\Client Directory\Murphy.Denise\pleadings\Answer & CC to Diy Comp.wpd October 17, 2003 COUNTERCLAIM COUNT I ALIMONY. ALIMONY PENDENTE LITE. ATTORNEY'S FEES AND COSTS 14. Defendant lacks sufficient property to provide for her reasonable needs. 15. Defendant is unable to sufficiently support herselfthrough appropriate employment. 16. Plaintiff has sufficient income and assets to provide continuing support for Defendant. 17. By reason ofthis action, Defendant will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 18. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 19. Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 20. Plaintiff has adequate earnings to provide for De~endant's support and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant requests this Honorable Court: a. Compel Plaintiff to pay alimony pendente lite to Defendant; b. Grant Defendant attorney's fees and costs; . I:\Client Directory\Murphy~Denise\p]eadings\Answer & CC to Div Comp.wpd October] 7, 2003 c. Compel Plaintiff to pay alimony to Defendant; d. Grant such further relief as the Court may deem equitable and just. Date: October 17, 2003 By: 210 Grandview Avenue, Suite 102 CampHiII,PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, DENISE P. MURPHY, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ;)4904 relating to unsworn verification to authorities. DATE: Ioj; iP/tJ3 T1t..,.iJ,!J ~ DENISEP. MURPHY . 1:\Client Directory\Murphy-Denise\pleadings\Answer & CC to Div-Comp.wpd October 17, 2Q03 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant hl:rein, do hereby certify that on this date I served the foregoing Answer and Counterclaim to Complaint in Divorce by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 MARIA P. COGNETTI & ASSOCIATES Date: October 17, 2003 By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant ~ >L. A\\ J ~ -- \.. ~ ~ (,.l W <>(\ "6'. t \ )> (,. \ I) ~:. S:~:~:; ;5>< ~?-" ;;~~ 1 . ..:-""". ).,':., :J1 '() a c., o '-' --l N 1::J "-I . '.( '::) n -" , .._) , , ,~~) ~ -...U , .~ i\-~ ::..;-.j -: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD E. MURPHY, v. NO. 03-5019 CIVIL TERM Defendant CIVIL ACTION - LAW IN DIVORCE DENISE P. MURPHY, DEFENDANT'S COUNTER-AFFII>A VIT UNDER & 3301(d) OF THE DIVORCE CODE 1. Check either (a), (b), or (c): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. X (c) I oppose the entry of a divorce decree on a bifurcated basis but do not oppose the entry of a divorce decree once the economic issues have been settled or determined. 2. Check either (a) or (b): (a) I do not wish to make any claims for ewnomic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file 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 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. Section 4904 relating to unsworn falsification to authorities. n,;, 1011'(0:3 ~.J.. ~ DENISE P. MURPHY, Defen 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. 0 <::> 0 c c..J ., ~ a :':;~. 'T) r.~. ,...., -'c": n-l!.,-. -.... "' ~ 2 1'0 , rT: /."': ) i:::.:: en e:, ) 1 -' ", (-) r: -7) ~H 5::~ , ;;:::~ / ,- );~ I)? en f. ~.::! ~.'- ':J1 5:r -2 <0 -< I;\Client Dire.:torylMurphy-Denisel,fucovery\Affidavit of Service _ certified mail,Jim March 26,2004 . MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD. No. 27914 210 Grandview A venue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant RICHARD E. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-5019 CIVIL TERM DENISE P. MURPHY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the Interrogatories (First Set) from Defendant to Plaintiff and Defendant's Request for Production of Documents (First Set) to Plaintiff were served upon Plaintiff's counsel by certified mail, return receipt requested, on March 17, 2004. The original signed return receipt, number 7002 0510 00036465 6713, is attached hereto and made a part hereof. MARIA P. C Date: SSOCIATES By: Sworn to and subscribed bef~~~6day of, 2004. MARIA P. OG n, ESQUIRE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant NOTARIAL SEAl Janine M. O'i..sar'J, NoIaiy Pllbllo l:Ianisburg, Oauphin!Aunly My Commission EJcpiresJuIy 2Q, 200ll .. SENDER: :I . Complete items 1 and/or 2 for additional services. · . Complete items 3, 4a, and 4b. I . Print your name and address on the reverse of this form so that we can return this card 10 you. . Attach this form to the front of the rnailpiece, or on the back if space does not permit. . Write "Return Receipt Requeste(r on the mailpiece below the article number. · . The Return Receipt will show 10 whom the article was delivered and the date :Ii delivered. g 3. Article Addressed to: (1 I J3ARf!A ra'! Sunpu -0WJ..i vl/N, f!3Q. 541 ./3R.IOt!"'- 0TEa-i )J$W c.ume,a.I.JWD, ?.A 17070 ! >> ! I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. D Restricted Delivery Consult postmaster for fee. 4a. Article Number 7002 0510 0003 J j !. 1 6465 6713 4b. SeMceType o Registered D Express Mail ~ Return Receipt for Merchandise 7 Date ~JJ-O ' 8. Addressee's Address ( nly if requested and fee is paid) ~ Certified I D Insured l!' DCOD 1 j l I 102595-98-8.0229 Domestic Return Receipt I:\Client ?irectory~uIphy-Denise\pleadings\Certificate of Service.wpd ~arch 26, ,2004 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Affidavit of Service by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 MARIA P. COGNETTI & ASSOCIATES Date: March 26, 2004 MARIA P. COG TI, ESQUIRE Attorney J.D. No. 27914 By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant c: c S """Occ [!l f r ~:c en>-. _' 7 ~e ~O ~C c :z :<: '"" c;::::;) (:.'::::) .r.- :x :l~"'" :;Q N \D o -n ::;:!-n rn~-.- ,..,fn :",0 01 ::i:~~ =.,~ ~;:/.(~ ("'1m ;~;! J::.t -< -0 ::t: ~ J:"' ~- J:\Client Directory\Murphy-Denise\miscellaneous\I&E Statement.wpd September 14,2004 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQillRE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 Carnp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant RICHARD E. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5019 CNIL TERM DENISE P. MURPHY, Defendant CNIL ACTION - LAW IN DNORCE INCOME AND EXPENSE STATEMENT OF DENISE P. MURPHY The following is the Income and Expense Statement filed by Denise P. Murphy, Defendant, in the above-captioned divorce. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: September 14, 2004 By: 210 Grandview Av,enue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 9/13/04 INCOME AND EXPENSE STATEMENT OF DENISE MURPHY Employer: BENTZ MORTGAGE Address: 430 N. FRONT STREET. WORM:LEYSBURG. PA Type of Work: SETTLEMENT AGENT Payroll Number: 107 Pay Period (weekly, biweekly, etc.): BI-lilEEKLY AVERAGE GROSS PAY PER MONTH: $2,840.12 Itemized Payroll Deductions: Federal Withholding: $288.68 Social Security: $176.09 Medicare: $41.18 Local Wage Tax: $28.40 State Income Tax: $87.18 Unemployment Tax: $2.57 Retirement: Savings Bonds: Credit Union: Life Insurance: Health Insurance: Other: (specify) Occupational Tax $0.83 AVERAGE NET PAY PER MONTH: $2,215.19 NOTE: FIGURES PROVIDED ARE YTD (THROUGH 8/21/04 - 34 WEEKS) FOR BENTZ MORTGAGE, HOWEVER, MS. MURPHY IS NO LONGER EMPLOYED THERE AND IS CURRENTLY UNEMPLOYED. OTHER INCOME: WEEK MONTH YEAR Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Unemployment Compo Workmen's Compo Child! Spousal Support $1,050.00 TOTAL OTHER INCOME: $1,050.00 TOTAL MONTHLY NET INCOME: $3,265.19 WEEKLY MONTHLY YEARLY HOME: Mortgage/rent Maintenance $25.00 Repairs $25.00 UTILITIES: Electric $120.00 Gas $128.00 Oil Telephone/Mobile $175.00 Water $80.00 Sewer $38.33 EMPLOYMENT: Public Transportation Lunch TAXES: Real Estate $145.45 Personal Property $37.20 Income INSURANCE: Homeowners $54.00 Automobile $108.00 Life $75.00 Accident Health Other AUTOMOBILE: Payments WEEKLY MONTHLY YEARLY Fuel $100.00 Repairs $20.00 Maintenance $20.00 Licenses Registration $3.00 Auto Club $3.33 MEDICAL: Doctor $10.00 Dentist $68.00 Orthodontist $126.00 Hospital Medicine Special needs $52.00 (glasses, braces, orthopedic devices) EDUCATION: Private school Parochial school College Religious School lunches $24.00 Books/misc. $25.00 PERSONAL: Clothing $150.00 Food $200.00 Barber/hairdresser $100.00 Personal care $10.00 Laundry/dry cleaning $10.00 WEEKLY MONTHLY YEARLY Hobbies $20.00 Memberships CREDIT PAYMENTS: Credit card Charge account $125.00 (Computer) LOANS OR DEBTS: Credit Union MISCELLANEOUS: Household help Child care Camp $75.00 Pet expense $35.00 Papers/books/ $15.00 magazines Entertainment $125.00 Pay TV $85.19 Vacation $250.00 Gifts $175.00 Legal fees $500.00 Charitable $350.00 Contributions Religious Memberships Children's Allowances Other Child Support Alimony payments WEEKLY MONTHLY YEARLY Lessons for Children OTHER: Children's activities $20.00 Counseling $60.00 Homeowners $4.17 Association Dues TOTAL EXPENSES $3,771.67 ...., r"::) 0 (..,.:> ...- -11 , , , (j) ..... r;1 -r ., hi -Tl ,--:::;; m r" -I I.:J i. ",., o. U -~ "-H j ) c:'? i-'n -< f....J C) RICHARD E. MURPHY, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 5019 CIVIL DENISE P. MURPHY, Defendant IN DIVORCE ORDER OF COURT AND NOW, this jJf1<- YI day of 2005, the economic claims raised in the procee resolved in accordance with a marital settlement agreement dated December 31, 2004, 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, cc: Barbara Sumple-Sullivan Attorney for Plaintiff Maria P. Cognetti Attorney for Defendant r!-~f1f~ ? &75 ,. , ;; \/ft ~\Il\l,\~)\; [\J .:j j AiNnr:::,:"' (::' :-. ::--::.li'JnO II :6 ~':llj S - NVr SOOZ )\bV_LONOH.lOHd 3Hl :10 381~:JO-{]311.:l MARITAL SETTLEMENT AGRE]~MENT THIS AGREEMENT, made this 3/ day of ~~, 2004, by and between RICHARD E. MURPHY, hereinafter referred to as "HUSBAND", and DENISE P. MURPHY, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on November 26, 1983, in Camp Hill, Cumberland County, Pennsylvania~ WHEREAS, two (2) childr.en were born of this marriage being Ryan C. Murphy, born June 28, 1988 and Travis W. Murphy, born August 18, 1991; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. 12/28/2004 " NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. IDJSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently represented by Maria P. Cognetti, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and diselosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times herea:Rer, live separate and apart. Each , . shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions 12/28/2004 2 " ofthis Agreement. Each may reside at such place or places as she or he 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. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation ofthdr living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL.DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions 12/28/2004 3 of Section 3301 ( c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavit of Consent and the Waivers of Notice shall be filed subsequently with this Agreement. 1.' 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of compt~tent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. l J" 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, 12/28/2004 4 " releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fe:es, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any . obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the :right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to ex€:cution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will ofthe other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as 12/28/2004 5 are expressly reserved herein, each party gives to the other by the execution of this Agreemem an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or aSSigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall m:vertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, whieh shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 12/28/2004 6 11. BINDING EFFECT OF AGREEMENT/W AIVER This Agr.eement 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 the provisions of this Agreement shall not be construed as a waiver of any subsequent. default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of ~his Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 12/28/2004 7 14. TAX RETURNS The parties agree that in the future if any penalties or inte:rest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of party found to have made the mistake and shall be paid solely by them. Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition bfwhich is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all items of personal property 12/28/2004 8 " currently in the marital home shall be the be the sole and separat'::l property of WIFE with the exception that HUSBAND shall receive his tools, family pictures and surround sound system, and, WIFE agrees that all assets currently in HUSBAND'S possession plus his tools, family pictures and surround sound system shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties jointly own property at 543 Spring House Road, Camp Hill, Cumberland County, Pennsylvania. Said house is not encumbered by any mortgage or lien currently. WIFE desires to maintain said home and reside therein. HUSBAND agrees to convey his interest in this real estate to WIFE upon the condition that WIFE satisfy her cash payment to him as set forth in subsection H of this Agreement on or before December 31,2004. WIFE shall be fully responsible for any past, present and future costs related to the real estate including, but not limited to taxes, insurance and/or any debts associated with the real estate. WIFE agrees to indemnify and hold HUSBAND harmless from any such claims, debts or expenses. HUSBAND agrees to execute a deed simultaneously with the execution of this Agreement wherein he assigns, conveys and transfers to WIFE all of his interest, rights and title in the marital residence. This deed shall be 12/28/2004 9 held in escrow by counsel for HUSBAND and released to WIFE upon her satisfaction of the cash payment set forth in subsection H hereof Upon HUSBAND'S 1timely payment from WIFE, HUSBAND does hereby release WIFE from any further claims for rentals arising from her occupancy ofthe home. However, in the event that the cash payment to HUSBAND is not timely made, the house shall be immediately listed for sale and HUSB.AND shall receive the initial TWELVE THOUSAND DOLLARS 00/100 ($112,000.00) realized from the sale, plus interest at a rate of ONE AND ONE HALF PERCENT (1.5%) monthly until the payment is made. C. MOTOR VEmCLES During the marriage, the parties acquired a 2001 Mercury Villager Estate which is not encumbered. The parties agree that WIFE shall be the sole owner of this vehicle. HUSBAND hereby waives and relinquishes any and all interest in this vehick HUSBAND shall cooperate with WIFE to transfer the title to her. The parties also acknowledge that HUSBAND has use and possession of a vehicle, which is a business vehicle and in which no marital interest exists. D. FINANCIAL ACCOUNTS The parties owned four financial accounts at the time of separation. HUSBAND shall receive his Waypoint Checking account (Acct. No. 170033914) with a stipulated value or ONE THOUSAND EIGHT HUNDRED FIFTY-NINE DOLLARS and 51/100 ($1,859.51) and his Waypoint Saver's Advantage account (Acct. No. 1760007922) with a stipulated value of FIFTEEN THOUSAND EIGHTY-FIVE DOLLARS and 48/100 ($15,085.48). 12/28/2004 10 WIFE shall receive the joint Members 1st Savings account (Acct. No. 120352:00) with a stipulated value of SIX HUNDRED EIGHTY-THREE DOLLARS and 97/100 ($683.97) and the joint Members 1st Checking account (Acct. No. 120352:11) with a stipulated value of ONE THOUSAND TWO HUNDRED SIXTY-TWO DOLLARS and 78/100 ($1,262.78). E. PENSION AND RETIREMENT During the marriage, HUSBAND acquired the following retirement: 1. VangUard Group IRA Acct. No. 9859897465 $57,609.00 HUSBAND shall retain this account and all profits or losses hereafter. WIFE agrees to waive and relinquish and any all interest she may have in this account. During the marriage, WIFE acquired the following pensions and retirement: 1. Vanguard Pension Acct. No. 9922583651 $ 6,981.43 2. Vanguard Profit Sharing Acct. No. 16738373213 $51,493.65 3. Fulton Bank SEP Acct. No. 5232362928 $ 6,450.55 4. Principal Life Ins. Co. SEP Acct. No. 5309925 $ 5,884.00 12/28/2004 11 5. Principal IRA Acct. No. 42957 $ 6,437.64 WIFE shall retain these accounts and all profits or losses hereafter. HUSBAND agrees to waive and relinquish and any all interest he may have in this account. It is further noted, however, that WIFE'S Principal Life Variable Annuity, Account No. 42027, in the approximate amount of FIFTY EIGHT THOUSAND TWO HUNDRED SIXTEEN DOLLARS and 46/100 ($58,216.46), is not included in this distribution. WIFE has asserted and HUSBAND has accepted WIFE'S representation that said account is non-marital, having been secured as a result of redemption of pre-marital stock gifted to her by her parents. HUSBAND waives any and all claims which he may have to the annuity. F. INSURANCE During the marriage the parties acquired a number of life insurance policies. The parties agree to retain their own personal policies and waive and relinql)ish any interest in the other's policy. Certain insurance policies have also been secured for the parties' children, Ryan and Travis. WIFE shall administer these accounts for the benefit of the children until the children are not minors. At that time, said policies shall become the sole and separate property of the children. HUSBAND and WIFE agree to each maintain a life insurance policy of at least TWENTY FIVE THOUSAND DOLLARS ($25,000.00) for the benefit o:fthe each child. This policy shall be 12/28/2004 12 at the sole expense of HUSBAND and WIFE respectively. Proof of the existence of the coverage shall be exchanged annually. Each party's obligation to carry lifie insurance shall cease upon the child's graduation from college or their 22nd birthday, whichever is earlier. HUSBAND and WIFE shall each designate a third party trustee of their own choosing to administer the proceeds of the insurance policy for the benefit of each child until his graduation from college or 22nd birthday as set forth herein. It is further acknowledged that any stock issued to either party as a result of insurance ownership shall be the sole and separate property of the individual in whose name it was issued. Each party does hereby waive any and all claims in said stock of the other. G. WIFE'S INHERITANCE WIFE has a one half interest in the Doris Pote Trust. Said Trust shall be the sole and separate property of WIFE and HUSBAND waives any claims in said Trust for the purposes of equitable distribution, including the increase in same realized from the date of its receipt during the marriage until the date of separation. H. CASH fA YMENT In satisfaction of his claims for equitable distribution, VV"IFE shall pay to HUSBAND the sum of ONE HUNDRED TWELVE THOUSAND DOLLARS and 00/100 ($112,000.00) in cash on or before December 31, 2004. 12/28/2004 13 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable I~xcept as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. HUSBAND shall be liable and responsible for the following debt and will indemnifY and hold WIFE harmless from the same: 1. MBNA America Acct. No. 5490990708001415 $1,084.81 HUSBAND agrees to indemnify and hold WIFE harmle:ss from the aforementioned debt and agrees to be responsible for all attorney's fees incurred-by 'VIFE in defense of any claim or suit brought against her arising from this debt incurred'during the marriage. WIFE shall be responsible for and hold HUSBAND harmless against the following debts: 1. Sears Mastercard Acct.No.5121079701278753 $2,005.77 2. Circuit City Acet. No. 1523003471457143 $ 669.46 12/28/2004 14 1)Pf\f\ ~il~ uee.dU. LUU4 -:j:IH'M NO.~LOI 1-'. L Wife agrees to indemnify and hold HUSBAND hannless from the aforementioned debts and agrees to be responsible for all attorney> s fees incurred by HUSBAND in defense of any claim or suit brought against him arising from these debts incurred during the marriage. To the best of the parties' knowledge, no other debts exist and all joint credit cards and obligations have been terminated. SECTION ill CHILD SUPPORT, ALIM:ONY 1. CHlLD SUPPORT An order was entered on July 29,2003 by agreement of the parties, awarding child support under PACSES No, 447104327. The parties shall continue with the terms of this order regarding child support until either party files a Petition for Modification with the Domestic Relations Office. Said Order is attached hereto as Exhibit A. The parties acknowledged that their current child support order provides for division of extracurricular activity expenses between the parties with HUSBAND paying 60% and WIFE paying 40%. The parties must mutually agree to any such expe:nses. The categories of agreed upon activities are boy scout~tift~&, ski club, school program!; and camps, church camps, guitar, trombone, viola, recreational and school sport teams and academic enrichment activities such as summer school and tutoring. This requirement shall only be in effect while the above referenced 1212812004 15 ueC.0U. LUU4 0:14~M NO'~Lbl ~. J support order is binding on the parties. The parties affirm the continued obligation set forth in the Order but agree that any claims arising from past expenses are hereby waived by both parties. This obligation shall commence with no arrearage, credit or claim by either party on January 1, 2005. However, the following terms will further amend the order to define tbe obligation of each party for prior to incurring costs relative to an extracurricular activity for either minor child: a. Individual costs only in excess of FIFTEEN DOLLARS 00/100 ($15.00) shall be shared between the parties. Prior to incurring ~ense ~ln ex.cess of $100.00 for an approved activity, the requesting party shall make best l::fforts to secure a good faith estimate of the costs involved for disclosure to the other parent prior to obtaining approval. b. Each party must submit a written summary of total costs he or she incurred each quarter ofthe calendar year within fifteen days of the commencement of the new calendar quarter: If an expense is not presented timely, it shall be waived. Payments due shall be made by the other party no later than thirty days (30) di:t.yS from the date of presentment of the itemized list of expenses, after offset to the list of expenses from the other party. Itemization of expenses shall include providing the othe:r party with receipts and cancelled check for these expenses to establish actual payment. 12/28/2004 16 2. SPOUSAL SUPPORT/ALIMONY PENDENTE LITlUALIMONY An order was entered on July 29,2003 by agreement of the parties, awarding spousal support under PACSES No. 447104327. This spousal support award shall cease December 31, 2004. Simultaneously with this agreement, WIFE agrees to exec;ute a stipulation in the form attached hereto as Exhibit B, indicating that she waives all claims to spousal support, APL and alimony effective December 31,2004. This stipulation shall be t::ntered at Domestic Relations to terminate the award of support. HUSBAND agrees that he will not terminate WIFE's medical insurance coverage prior to January 31,2005. Both parties do hereby acknowledge and agree that the provision of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance. 4. CUSTODY The parties entered into an agreement for custody of their two minor children on June 24, 2002, which was then adopted by Order of the court on July 2,2002. The parties shall continue 12/28/2004 17 with the terms of this order. Said order is attached hereto as Exhibit C. SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. ~~~<~ RICHARD E. URPHY ~ -P,~, DENISE }I, MURPH 12/2812004 18 COl\.1MONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared RICHARD E. MURPHY, who being duly affirmed according to , law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief ubscribed to before me this 3/ day of j)Cf1JJ/)l':4cro4. My commission expires: NIAL SEAl. IARIARA SUMPLE-SUUNAN NotaIy PubIc NEWClMERlAND BOROUGH (!AL) CUMBERlAND COUNTY CommIIIIOn Nov 16. 2007 COMMONWEALTH OF PENNSYL VANIA COUNTY OF ~~ ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared DENISE P. MURPHY, who being duly affirmed according to law, deposeS' and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief Affinned and subscribed to before me ~ day o~ 2004. ~fYdL My; .. ir: (SEAL) NOTARIAL SIAL APRIl M FUGAtE Notary PublIc cnY OF twIRtIIIUK.DAUPHIN COUNIY Mv ConvnIuIon Exp/reI Mar 30. 2001 12/28/2004 19 DEC-21-04 09:46 '. FROM-Cumberland County Domntlc Relations +17172400248 T-246 P.002/005 F-427 In the Court of Coltunon Pleas of CUMBERLAND County, Pennsylvania DOMEsnc RELATIONS SECTION DENISE Po MURPHY ) Order Number 00209 S 200;! Plaimiff ) V5. ) PACSES Case Number 447104327 RICHARD E. MURPHY ) Docket Number 00209 S 200;! Defendant ) Other State ID Number ORDER OF COURT o Final (j) Interim 0 Modified AND NOW. 29TH D~Y OF JULY, 2003 ,based upon the Coun7 s detennination that the Payee's monthly nel income is $ o. 00 and the Payor's monthly net income is $ 0.00 . il is hereby ordered that the Payor pay to the Pennsylvania Slate Collection and Disbursement Unit ONE THOUSAND .AND FIFTY DOLIJ!.:RS Dollars ($1,050.00 ) a month payable BIMONTHLY as follows: first payment d le a/Ol/03 IN THE AMOUNT OF $525.00 BIMONTHLY. The effective date of the order is 07/01/03 . Arrears set at $ o. 00 as of JULY 29, 20Cl3 are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offselt cenification, driver's licen e revocation, and the freeze and seize of financial assets. These €fnforcement/collection mechanisms will not be initiated as long as obligor does not owc~ overdue support. Failure I ) . make each payment on time and in full will cause all arrears to :becoine subject to immedia:l collection by all the means listed above. For the Support of: ~ RYAN c. MURPHY TRAVIS W. MURPHY DENISE POTE MURPHY Bin:h Dale (06/28/8a 08/18/91 09/13/59 , :.. .. ~:~~JW;tf~t~~!~*~:i{~"'.. ',:' .. '. .. .. '. ,:,~ -.~ ;~t~:~E_~~,.;~_~~.~~"U;.-~:~~:~.~~:,~:~:~~:.:,,~;;__~.... orntDE..;l}~::~...._..-.~.,.~;..:;.;..;.,~~..,.~. -~""---~eMce'Type-ir-"""'~--'~~~--~ ~ ~ --, . , . . WQrkeT TO ., 1 ^". . . DEC~~1-04 09:46 FROM-Cumberland County Domestic Relations + 171 7240!:249 T-246 P.003/005 F-427 PACSES Case Number: 4471(1 327 MURPHY v. MURPHY The defendant owes a total of $1,050.00 $~/OSO.OO per month payahle BIMONTHLY for current support and $ 0 _ 00 for elrrears. The defendant mus'! also pay fees/costs as indicated below. This order is alloca[ed and monies are [Q be appl1e.,. as follows: Frequellcy Code~: Payment Amount! ~~QJlen~y $375.00 1M $375.00 1M $300.00 1M $ 0.00 I $ 0 . 00 I $ 0.00 I $ 0 . 00 I $ 0 . 00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0 .00 I $ 0 .00 I $ 0 .00 / SO_oo / $ 0 _00 I $ 0 . 00 I $ 0 _ 00 I $ 0.00 I $ 0.00 / J cOne Time B "BiWeekly 5 =Semi-AMllally S "Scmi-Monrhly 2 =Bl-Moqtldy A =AnnulIlIy M =Mondlly W =Weekly Q = Qusrlt::rl~ D~bI ~e De!:criptiPIl CHILn 8PT ALIrOC CHILD SFT ALLOe SPOUSAL SUPPORT Benefic1a~ RYAN C. MURPHY TRAVIS W. MURP1r{ DENISE POTE MURl?HY Said money to be rumed over by the Pa senu to: DENISE POTE MURPHY . Payments must be made by check or money order. All checks and money orders must be made payable to Pa senu and maile;i to: Pa SCDU P-O. Box 69110 Harrisburg, Pa 17106~9110 Payments must include the defendanr's PACSES Member Numher or Social Security Numl: ~r in order to be processed. . Do not send cash by mail. ag~~:~fif~.~.~~~~~~~~~;;~;~"~::~~~~!;!~1fi~:::::~:::7:!:: ~ ..~. -"';~"\'~~"JI-iJh~'I.:.t-"-:r::...,,,.::;.:\.../'!I!'~'" {Jo'_ ..... (, 1';.......~1 ..I"""" .~..<~,. - .i'"....1~<~lL':-~~. '~. . "u",e.. ... . .....,........'":'::.:~;~\.---~_.....;i~':.i-~,~.;..:;?..~:.~r =* ~;:~f;'~~ ",:..,.~:: :-:-: '" r.-::':':' ~ ' ~~""'~scIVic;T;Pe~~~~';)Cr-.~""""'''-':'"c'''-''''O:,,"'''''l~'.=7'..rJM'J....+.~....":.~..;;t'''; Worker Tn '), M. . DEC-21-04 09:46 FROM-Cumberland County Domestic Relations + 17172406248 T-246 P.004/005 F-427 MURPHY v. MURPHY !PACSES Case Number: 44710,1327 Unreimbursed medical expenses that exceed $250.00 annually per child and/or spo', :e are to be paid as follows: 60 % by defendant and 40 % by plaintiff. The plaintiff I; responsible to pay the first $250.00 annually (per child and/or spouse) in unreimbursed medical expenses. @ DefendantO Plaintiff 0 Neither party to provide medical insuram ~ coverage. Within thiny (30) days after the entry of this order, the OPJaintiff ~ Defendant shall submit to the person having custody of thE~ child(ren) written proof th:1 medical insurance coverage has been obtained or that application for coverage has been mil, Ie. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverag ~ provider(s); 2) any applicable idemifica[ion numbers; 3) any cards eVidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usafi I such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of me benefit booklet or coverage contract; 7) a description of all deductibles aIJ( co-payments; and 8) five copies of any claim foODs. Other Conditions: THIS ORDER. :IS BASED ON THE PARTIES AGREEMENT AS DEF:[NED IN THE 6/25/03 CORRESPONDENCE FROM COUNSEL. THIS ORDER IS ALLOCATED $750.00 PER MONTH CJiILD SUPI?OR'l' AND $300.00 PER MONTa S~OUSAL SUPPORT. '. Defendant shall pay the following fees: Fte TQTaJ $ 0.00 $ 0.00 $ 0.00 $ 0.00 SO.oo &~ ll~~dPIi.wl. furJODICIAL COMPUTER FEE for COURT COSTS tor P~Xtl'~nr F~l~ Payable a[,$ 0 . 00 Payable at .$ 0 . 00 Payable at $ 0 . 00 Payable at $ 0.00 Payable at So. 00 per MONTH per tlJON'1'~ per for for per per ~'~!';~.:!t=~~__._.__".._~~~.~.'~~~~2~~::~ DEC7Z1-04 00:46 FROM-Cumberland County Domestic Relations + 17172406248 T-246 P, UUQ/I,/",~ . MURPHY ". MURPHY PACSES Case Number: H 71043:. I IMPORTANT LEGAL NOTICE PARTIES MUST WlTRlN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND . . THE OTHER. PARTIES. IN WRmNG, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEV At, TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, . BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE ~. F PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PAl: l' WHO WlLLFUUY FAILS TO REPOfl.T A MATERIAL CHANGE IN CIRCllMSTANCES MAY BE ADJUDGEf. N CONTEMPT OF COURT. AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES TliA T ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEi', iT ONCE EVERY l'HREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER. YOU MUST DO ~: IE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODI;Y (ADJUST) A SUPPORT ORDER. SHOULD CONTACT THE DOMES'fIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDIN,~ UNALLOCATEO ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALlMC ~y P.END~NTE LITE, SHALL TERMINATE UPON DEATH OF THE .PA YEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NO"" IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPI: RT OBLIGATION AND (1) THE COURT FINDS THAT THERE, IS GOOD CAUSE NOT TO REQ', IRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WR,ITI'EN AGREEMENT IS REACHED BETV' iEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT_ UNPAID ARREARAGE BALANCES MAYBE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTiTUTE 1 BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST >: 3AL PROPERTY . IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor mOL' be arrested and brought before the Court for a Contempt hearing; payor's wages, s;:, ary. commissions. and/or income may be attached in accordance with law; this Order wi:! be increased without further hearing. by 0 % a month until all arrearages are paid in full. :;: lyor is responsible for court costs and fees. Copies delivered to parties . 'I: I) "'. .. '"J J...I:. .:. .! !.:'!', Dale Consented: Plaintiff P'laintiWs Attorney Defendant Defendant's Attorney BY THE COURT: , ~~!~~~~~v, ........ ..... . ...# . ~="'~'Page~"r;&r4;.,;.,-",";'~"""'''';'';'''-'''-'''''~''''''=FOrm.~&:;;'' ,.. y - . Exhibit B Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 RICHARD E. MURPHY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-5019 DENISE P. MURPHY, Defendant : CIVIL ACTION - LAW : IN DIVORCE I, DENISE P. MURPHY, spouse of RICHARD E. MURPHY, hereby acknowledge that: a) I am separated from but still legally married to Richard E. Murphy; b) I acknowledge that upon the condition of execution of the Marital Settlement Agreement, I will no longer be rel~eiving spousal support payments from Richard E. Murphy as of December 31, 2004; c) I acknowledge that after December 31, 2004, I can not make any claim or demand for spousal support, maintenance, alimony or alimony pendente lite from Richard E. Murphy; and d) I specifically acknowledge, warrant and confirm and it is understood by me that, upon the execution of this Waiver, I cannot make any claim or raise any rights in and for any support, maintenanc~e, alimony or alimony pendente lite. This Waiver is absolute and without limitation. e) I hereby authorize Domestic Relations to terminate the spousal support payment effective December 31, 2004. DENISE P. MURPHY COMMONWEALTH OF PENNSYL VANIA ) ) SS. ) COUNTY OF Befote me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared DENISE P. MURPHY, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Waiver are true and correct to the best of her knowledge, information and belief Affirmed and subscribed to before me this day of ,2004. NOTARY PUBLIC My commission expires: (SEAL) 2 Exhibit C . . . -- .--- . ~ I .1 '- I '. j .': '1 --I ; i I i . i ! J __i - i ! . I - 1 n . ... ,'. ". '\. , -'L-~-=-__..L':"_.'._~_"_~~__~' .-__~.__ ~_ ~~.~~J ~.. " . _ "._. _ __,_ _.-----L._ "' .." " RICHARD E. MURPHY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - CUSTODY DENISE P. MURPHY, Defendant : NO. 02-1379 ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this J,.J day of ~ ,2002, upon consideration of the foregoing Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Richard E. Murphy, and Donald T. Kissinger, Esquire, counsel for Defendant, Denise P. Murphy, it is hereby ordered, adjudged and decreed that the tenns, conditions and provisions of the foregoing Stipulation for Custody dated~ ~ 1 ' 2002 is adopted as an Order of Court as if set forth herein at length. BY TH;E COURT;l " I V "-~.- . - ~_..-..-: :~ ~ ------.J .... .... ./ UfA.Il'ttU! E. Cu., 'i/a J. / .~ ...' :') .. .--- -'~-----'.::'- TRUE COpy FROM RECORD In Te-stlmony whoroof. I hero unto set my ttand and the seal 01 said ~~ )~carllsle. 1'&. ThIS_it~day Ill! _ ~ _ C. _~!!I ~ 0, '~~.I~....} _ . , . . _ . . ____. _. ProthonCJtarlf .- _. -'.~ .... ..... .... '.'-"r -':0---'" .." .) '\...- ". J . . ~ . . ~ .' Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 R1CHARDE. MURPHY, . Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - CUSTODY DENISE P. MURPHY, Defendant : NO. 02-1379 STIPULATION REGARDING CUSTODY . THIS AGREEMENT is made thi~y o~~ , 2002" by and between , ............--. Denise P. Murphy, (hereinafter referred to as "Mother") and Richard E. Murphy (hereinafter referred to as "Father"). WITNESSETH WHEREAS, Mother and Father are the parents of two (2) children, namely Ryan C. Murphy (born June 28,1988) and Travis W. Murphy (born August 18, 1991); WHEREAS, Father has filed a Custody Complaint on March 20. 2002 seeking shared legal . and physical custody of the children; WHEREAS, the parties now desire to resolve all matters concerning custody which are before the Court. NOW THEREFORE. the parties intending to be legally bound, do agree as follows: I. Leeal Custody, The parties agree to shared legal custody of the said minor children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a hannonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not .to attempt to alienate the affections of 1the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be pennitted to make any immediate decisions necessitated thereby. However, that parent shall infonn the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to comph~te and full infonnation from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. II. Physical Custody. Mother shall have and enjoy primary physical custody of the children and Father shall have and enjoy rights of partial custody. Physical custody of the minor children shall be shared between the parties as follows: 1. During the Summer: For purposes oftms paragraph, summer shall be defmed as the day following the dismissal of school through the first day of school. A. Alternatilll! weekends: The parties shall alternate the weekends commencing Friday at 6:00 p.m. and ending on Monday morning at 12:00 noon. The alternating summer weekends shall follow the established school year weekend schedule. ' c. Week nights: Father slwlLAAve overnight custody of the children from 12:00 noon on Monday ~~r.m. on Wednesday. Mother shall the custody of the children fronf~ . .m. on Wednesday until 6:00 p.m. on Friday. 1>f'iv\. Care by Non-Custodial Parent: It is further agreed that, in the event either parent is working during the summer and the other parent is home and available to care for and supervise the children, that parent shall have the right to do so. It is noted that this will not be the case during designated "vacation" weeks as set forth in paragraph 4 below. The parties specifically B. };R~ -2- agree that typically, during the summer, Father will coordinate with Mother the transfer of the children during the days of his custody. The parties agree that they will make every effort to facilitate transition ofthe children between the homes. In the event either parent utilizes this additional time, it is agreed that the children will be returned to the custodial parent upon the completion of his or her nOlmal work hours, unless other times are approved by the custodial parent. 2. Durin!! the School Year: A. AIternatinl!Weekends. The parties shall cl;mtinue to alternate weekends commencing Friday at 6:00 p.m. until the start of school Monday morning. B. Week nh!hts: Father shall have each Tuesday from 6:00 p.m. until start of school on Wednesday morning. C. Floatine Days: Additionally, during the time period that school is in session, Father shall have the right to'take fifteen (15) additional days, which shall include overnights. The parties agree that they shall attend a conciliation in August, 2002, prior to commencement of school to determine if any restriction should be placed on the specific days of the week which shall be used as floating days. 3. Holidays. The parties shall celebrate holidays as follows: A) In even numbered years, Mother shall have the holidays of Memorial Day and Labor Day. These holidays shall be defined as 9:00 a.m. until 7:00 p.m. Father shall have these times in odd numbered years. B) In even numbered years, Father shall have Easter, July 4th and New Year's Day. Easter shall be defined as 9:00 a.m. until 7:00 p.m. July. 4th shall be defined as 9:00 a.m: on July 4th until 9:00 a.m. on July 5th. . New Year's Day shall be defined from New Year's Eve at 6:00 p.m. until New Year's Day at 6:00 p.rn, Mother shall have these times in odd numbered years. C) Mother shall always have Mother's Day, which shall be defined as 9:00 a.m. to 7:00 p.m. D) Father shall always have Father's Day, which shall be defined a 9:00 a.m. until 7:00 p.m. " -3- E) Thanksgiving shall be shared between the parties. Segment A shall consist of Wednesday evening from 6:00 p.m. until Thanksgiving Day at 1 :00 p.m. Segment B shall consist of Thanksgiving Day at 1 :00 p.m. until Friday at 6:00 p.m. when the regular weekend schedule shall resume. Mother shall have Segment A of the Thallksgivin~ Holiday in even years and Father shall have Segment B. This shall reverse for odd numbered years. F) Christmas shall be shared between the patties. Segment A shall consist from Christmas Eve at 9:00 a.m. until Christmas Day at 12:00 noon. Segment B shall be defined as Christmas Day at 12:00 noon until December 26th at 9:00 p.m. Mother shall have Segment A of the Christmas Holiday in even years and Father shall have Segment B. This shall reverse for odd number,ed years. The holiday schedule as set forth above shall supersede all other provisions of this Order. 4. Vacations. Upon thirty days (30) written notice, each party shall have the right to take two (2) weeks of vacation. This can occur any time during the year and does not require actual travel by the parent. A week shall be defined as seven (7) consecutive days and shall include Mother' s/Pather' s custodial weekend, so as not to disrupt the alternating weekend schedule. These weeks shall be non-consecutive. 5. Positive Relationships. Each of the parties and any third party in the presence of the children and the party shall take all measures deemed advisable to foster a . feeling of affection between the children and the other party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the other party. Neither party shall do anything which. may estrange the children from the other party or injure the children1s opinion the parent or which may hamper the free and natural development of the children I s love and respect for the other parent. 6. Location. The residences, addresses and telepbone numbers where the children may be reached shall at all times, including vacatIons, be known to both parties and each party shall immediately notify the other by tdephone, if possiple, or telegram, . of any illness or other emergency that may arise while the children are in her or his custody. 7. Transportation. The parties shall share transportation as the parties can agre~. 8. Telephone Contact. The parents are entitled to speak with the children 011 their non- custodial'days. The custodial parent shall make the children available for the .other -4- r , . parent's call. 9. Right of First Refusal. The parties agree that the:y shall provide each other with the right of first refusal to care for the children in the event the children are in their custodial care and they are away for a period of more th~m five (5) hours from the . children. The parties shall cooperate in notifYing each other and giving each other the opportunity to provide care of the children during these periods. The parties hereto acknowledge and agree that this Stipulation For Custody shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: 7lut ~ //J S" /2- -%~ ~ Murp~ -5- RICHARD E. MURPHY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. NO. 03 _ 5019 IN DIVORCJ:: CIVIL 19 DENISE P. MURPHY Defendant STATUS SHEET DATE: ACTIVITIES: RICHARD E. MURPHY, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 5019 CIVIL DENISE P. MURPHY, Defendant IN DIVORCE TO: Barbara Sumple-Sullivan , Attorney for Plaintiff Maria P. Cognetti , Attorney for Defendant DATE: Tuesday, March 2, 2004 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IM:~EDIATELY. THE CERTIFICATION DOCUMENT S30ULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. MARITAL SETTLEMENT AGRlCEMENT THIS AGREEMENT, made this 3/ day of &?;J~( , 2004, by and between RICHARD E. MURPHY, hereinafter referred to as "HUSBAND", and DENISE P. MURPHY, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on November 26, 1983, in Camp Hill, Cumberland County, Pennsylvania; WHEREAS, two (2) children were born of this marriage being Ryan C. Murphy, born June 28, 1988 and Travis W. Murphy, born August 18, 1991; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (l) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. 12/28/2004 NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel oftheir selection. HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently represented by Maria P. Cognetti, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be ne'~essary to carry out the provisions 12/28/2004 2 of this Agreement. Each may reside at such place or places as she or he 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. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIPE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL.DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the jnfi)rmation provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions 12/28/2004 3 of Section 3301(c) ofthe Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavit of Consent and the Waivers of Notice shall be filed subsequently with this Agreement. 5. SUBSEOUENT DIVORCE A decree in divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed 1 by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. ( 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, 12/28/2004 4 releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation ofthis Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980. its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by viliue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to ex(:cution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C, Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as 12/28/2004 5 are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ev~:r had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided hemin, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. ] 2/28/2004 6 11. BINDING EFFECT OF AGREEMENT/W AIVER This Agreement shall remain in full force and effect unl€~ss and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws ofthe Commonwealth of Pennsylvania. 12/28/2004 7 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of party found to have made the mistake and shall be paid solely by them. Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition ofwhich is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERT'( HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all :items of personal property 12/28/2004 8 currently in the marital home shall be the be the sole and separate property of WIFE with the exception that HUSBAND shall receive his tools, family pictures and surround sound system, and, WIFE agrees that all assets currently in HUSBAND'S possession plus his tools, family pictures and surround sound system shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties jointly own property at 543 Spring House Road, Camp Hill, Cumberland County, Pennsylvania. Said house is not encumbered by any mortgage or lien currently. WIFE desires to maintain said home and reside therein. HUSBAND agrees to convey his interest in this real estate to WIFE upon the condition that WIFE satisfY her cash payment to him as set forth in subsection H of this Agreement on or before December 31, 2004. WIFE shall be fully responsible for any past, present and future costs related to the real estate including, but not limited to taxes, insurance and/or any debts associated with the real estate. WIFE agrees to indemnity and hold HUSBAND harmless from any such claims, debts or expenses. HUSBAND agrees to execute a deed simultaneously with the execution of this Agreement when~in he assigns, conveys and transfers to WIFE all of his interest, rights and title in the marital residence. This deed shall be 12/28/2004 9 held in escrow by counsel for HUSBAND and released to WIFE upon her satisfaction of the cash payment set forth in subsection H hereof. Upon HUSBAND'S timely payment from WIFE, HUSBAND does hereby release WIFE from any further claims for rentals arising from her occupancy of the home. However, in the event that the cash payment to HUSBAND is not timely made, the house shall be immediately listed for sale and HUSBAND shall receive the initial TWELVE THOUSAND DOLLARS 00/100 ($112,000.00) realized from the sale, plus interest at a rate of ONE AND ONE HALF PERCENT (1.5%) monthly until the payment is made. C. MOTOR VEHICLES During the marriage, the parties acquired a 2001 Mercury Villager Estate which is not encumbered. The parties agree that WIFE shall be the sole owner ofthis vehicle. HUSBAND hereby waives and relinquishes any and all interest in this vehicle. HUSBAND shaH cooperate with WIFE to transfer the title to her. The parties also acknowledge that HUSBAND has use and possession of a vehicle, which is a business vehicle and in which no marital interest exists. D. FINANCIAL ACCOUNTS The parties owned four financial accounts at the time of separation. HUSBAND shall receive his Waypoint Checking account (Acct. No. 170033914) with a stipulated value of ONE THOUSAND EIGHT HUNDRED FIFTY-NINE DOLLARS and 51/100 ($1,859.51) and his Waypoint Saver's Advantage account (Acct. No. 1760007922) with a stipulated value of FIFTEEN THOUSAND EIGHTY-FIVE DOLLARS and 48/100 ($15,085.48). 12/28/2004 10 WIFE shall receive the joint Members I" Savings account (Acct. No. 120352:00) with a stipulated value of SIX HUNDRED EIGHTY-THREE DOLLARS and 97/100 ($683.97) and the joint Members I" Checking account (Acct. No. 120352: 11) with a stipulated value of ONE THOUSAND TWO HUNDRED SIXTY-TWO DOLLARS and 78/100 ($1,262.78), E. PENSION AND RETIREMENT During the marriage, HUSBAND acquired the following retirement: I. Vanguard Group IRA Acct. No. 9859897465 $57,609.00 HUSBAND shall retain this account and all profits or losses hereafter. WIFE agrees to waive and relinquish and any all interest she may have in this account. During the marriage, WIFE acquired the following pensions and retirement: 1. Vanguard Pension Acct. No. 9922583651 $ 6,981.43 2. Vanguard Profit Sharing Acct. No. 16738373213 $51,493.65 3. Fulton Bank SEP Acct. No. 5232362928 $ 6,450.55 4. Principal Life Ins. Co. SEP Acct. No, 5309925 $ 5,884.00 12/28/2004 11 5. Principal IRA Acct. No. 42957 $ 6,437.64 WIFE shall retain these accounts and all profits or losses hereafter. HUSBAND agrees to waive and relinquish and any all interest he may have in this account. It is further noted, however, that WIFE'S Principal Lifl: Variable Annuity, Account No. 42027, in the approximate amount of FIFTY EIGHT THOUSAND TWO HUNDRED SIXTEEN DOLLARS and 46/100 ($58,216.46), is not included in this distribution. WIFE has asserted and HUSBAND has accepted WIFE'S representation that said account is non-marital, having been secured as a result of redemption of pre-marital stock gifted to her by her parents. HUSBAND waives any and all claims which he may have to the annuity. F. INSURANCE During the marriage the parties acquired a number of li~e insurance policies. The parties agree to retain their own personal policies and waive and relinquish any interest in the other's policy. Certain insurance policies have also been secured for thl~ parties' children, Ryan and Travis. WIFE shall administer these accounts for the benefit of the children until the children are not minors. At that time, said policies shall become the sole and separate property of the children. HUSBAND and WIFE agree to each maintain a life insurance policy of at least TWENTY FIVE THOUSAND DOLLARS ($25,000.00) for the benefit of the each child. This policy shall be 12/28/2004 12 at the sole expense of HUSBAND and WIFE respectively. Proof of the existence of the coverage shall be exchanged annually. Each party's obligation to carry life insurance shall cease upon the child's graduation from college or their 22nd birthday, whichever is earlier. HUSBAND and WIFE shall each designate a third party trustee oftheir own choosing to administer the proceeds of the insurance policy for the benefit of each c;hild until his graduation from college or 22nd birthday as set forth herein. It is further acknowledged that any stock issued to either party as a result of insurance ownership shall be the sole and separate property of the individual in whose name it was issued. Each party does hereby waive any and all claims in said stock of the other. G. WIFE'S INHERITANCE WIFE has a one half interest in the Doris Pote Trust. Said Trust shall be the sole and separate property of WIFE and HUSBAND waives any claims in said Trust for the purposes of equitable distribution, including the increase in same realized from the date of its receipt during the marriage until the date of separation. H. CASH FA YMENT In satisfaction of his claims for equitable distribution, WIFE shall pay to HUSBAND the sum of ONE HUNDRED TWELVE THOUSAND DOLLARS and 001100 ($112,000.00) in cash on or before December 31, 2004. J 2/28/2004 13 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. HUSBAND shall be liable and responsible for the following debt and will indemnify and hold WIFE harmless from the same: 1. MBNA America Acct. No. 5490990708001415 $1,084.81 HUSBAND agrees to indemnify and hold WIFE harmless from the aforementioned debt and agrees to be responsible for all attorney's fees incurred-by WIFE in defense of any claim or suit brought against her arising from this debt incurred during the marriage. WIFE shall be responsible for and hold HUSBAND harmless against the following debts: 1. Sears Mastercard Acct. No. 5121079701278753 $2,005.77 2. Circuit City Acct. No. 1523003471457143 $ 669.46 12/28/2004 14 1)P{\I\ fKf{~ uee.dU. LUL'~ d;I~~M NO.~LOI ~,L Wife agrees to indemnify and hold HUSBAND harmlefls from the aforementioned debts and agrees to be responsible for all attorney's fees incurred by HUSBAND in defense of any claim or suit brought against him arising from these debts incurred during the marriage. To the best ofthe parties' knowledge, no other debts exist and all joint credit cards and obligations have been tenninated. SECTION ill CHILD SUPPORT, ALIMONY 1. CHILD SUPPORT An order was entered on July 29,2003 by agreement of the parties, awarding child support under PACSES No. 447104327. The parties shall con1tinue with the terms of this order regarding child support until either party files a Petition for Modification with the Domestic Relations Office. Said Order is attached hereto as Exhibit A. The parties acknowledged that their current child suppo.rt order provides for division of extracurricular activity expenses between the parties with HUSBAND paying 60% and WIFE paying 40%. The parties must mutually agree to any such expenses. The categories of agreed upon activities are boy scout~tiIlS&, ski club, school programs and camps, church camps, guitar, trombone, viola, recreational and school sport teams and academic enrichment activities such as summer school and tutoring. This requirement shall only be in effect while the above referenced 1212812004 IS uec.su. LU~4 s: 14~M NO.~101 ~. 0 support order is binding on the parties. The parties affirm the continued obligation set forth in the Order but agree that any claims arising from past expenses are hereby waived by both parties. This obligation shall commence with no arrearage, credit or claim by either party on January 1,2005. However, the following terms will further amend the order to define the obligation of each party for prior to incurring costs relative to an extracurricular activity for either minor child: a. Individual costs only in excess of FIFTEEN DOLLARS 00/100 ($15.00) shall be shared between the parties. Prior to incurring expense:in excess of$100.00 for an approved activity, the requesting party shall make best drorts to secure a good faith estimate of the costs involved for disclosure to the other parent prior to obtaining approval. b. Each party must submit a written summary of total costs he or she incurred each quarter ofthe calendar year within fifteen days of the commencement of the new calendar quarter. If an expense is not presented timely, it shall be: waived. Payments due shall be made by the other party no later than thirty days (30) days from the date of presentment of the itemized list of expenses, after offset to the list of expenses from the other party. Itemization of expenses shall include providing the other party with receipts and cancelled check for these expenses to establish actual payment. 1212812004 16 2. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY An order was entered on July 29,2003 by agreement of the parties, awarding spousal support under PACSES No. 447104327. This spousal support award shall cease December 31, 2004. Simultaneously with this agreement, WIFE agrees to execute a stipulation in the form attached hereto as Exhibit B, indicating that she waives all claims to spousal support, APL and alimony effective December 31, 2004. This stipulation shall be entered at Domestic Relations to terminate the award of support. HUSBAND agrees that he will not terminate WIFE's medical insurance coverage prior to January 31, 2005. Both parties do hereby acknowledge and agree that the provision of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance. 4. CUSTODY The parties entered into an agreement for custody of their two minor children on June 24, 2002, which was then adopted by Order of the court on July 2,2002. The parties shall continue 12/28/2004 17 with the terms of this order. Said order is attached hereto as Exhibit C SECTION IV I. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. Ri~~~~~ 1W~4~ ~~~, DENISE I', MURPH 12/28/2004 18 COMMONWEALTH OF PENNSYL VANIA ) ) SS. ) COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared RICHARD E. MURPHY, who being duly affirmed according to . law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief ubscribed to before me this 3/ day off)Cf!,1}).(J.JI:Lwo4. My commission expires: NOTARIAl. SEAL IAIlIIARA SUMPlHUlUVAN Notary PuIlIc NEWCUMlERIANO BOROUGH ( :AL) CUMBERlAND COUNlY CommlAlon Nov 'Ii. 2007 COMMONWEALTH OF PENNSYL VANIA COUNTY OF ~p~ ) ) SS. ) . Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared DENISE P. MURPHY, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief Affirmed and subscribed to before me th~ day of/)rllYliEc 2004. 'r s: NOTARIAl. SEAL Al'lllI. M FUGAlE NoIarv PublIc CIlY OF 1WlIltIIIullG.1WII'HlN COUN1Y Mv~ fxPret Mat 30.2001 12/28/2004 (SEAL) 19 Exhibit A DEC-21-04 09:46 FROM-Cumberland County Domestic Relations +17172t06246 T-246 P.002/005 F-427 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMES'nC RELATIONS SECTION DEN!SE P. MURPHY ) Order N'~mber 00209 S 200;! Plaimiff ) vs. ) P ACSES Case Number 447104327 RICHA!lD E. M\1RPIlY ) Docket Number 00209 S 200;! Defendant ) Other Slilte ID Number ORDER OF COURT o Final (i) Interim 0 Modified AND NOW, 29TH D~Y OF JULY, 2003 ,based upon the Coun's determination that the Payee's monthly net income is $ 0.00 and the Payor's monthly net income is $ o. 00 , it is hereby ordered 'that the Payor pay to the Pennsylvania State Collection and Disbursement Unit ONE THOUSAND AND FIFTY DOLL/illS Dollars ($ 1, 050.00 ) a month payable BIMONTIrLY as follows: first payment d Ie 8/01/03 IN TIrE AMOUNT OF $525.00 BIMONTHLY. The effective date of the order is 07/01/03 . Arrears set at $ o. 00 as of JULY 29, 2003 are due in full IMMEDIATELY. All terms of this Order are subject W colleclcion and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offsel[ certification, driver's Iicen e revocation, and the freeze and seize of financial assets. These €,ntorcementl collection mechanisms will not be initiated as long as Obligor does not OWll overdue support. Failure I ) make each payment on lime and in full will cause all arrears to !become subject to immedia:, collection by all the means listed above. For the Support of: ~ RYAN C. MURPHY TRAVIS W. MURPHY DENISE POTE MURPHY Binh Date c06/28/88 08/18/91 09/13/59 ~:=:!:;~~~~~;~;!:~~~-!!~!::j=:.~~;~~!~~l~!~~~::!:!:~~!~!~!~~f~~~~~~!:~!~f::;~' DEC-ZH4 09:46 FROM-Cumberland County Domestic Relations +1T1724i16Z48 T-Z46 P.00S/006 F-4ZT MURPHY v. MURPHY Tbe defendant owes a rotal of $ 1, 050. 00 $1,050.00 PACSES Case Number: 447111 327 per month payable BIMONTHLY for current support and $ o. 00 for arrears. The defendant mUSi also pay fees/costs as indicaled below. Tbis order is allocaled and monies are ro be applif.. as follows: FreQuellcy Code:.fi: Payment Amount/ FrP.:QnAn~v $375.00 /M $375.00 /M $300.00 /M $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 I $ 0.00 I SO.oo I $ 0.00 I $ 0.00 I $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 I $ 0 .00 I $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 I 1 =00. Tim. 8 =JliW..kly 2 =BI.Monlllly j =Semi.Aru'ul&.Uy S ;:!ISeml~Momhly A =Annuotlly M =Montllly W =W..kly Q = QUllrte:rl~ Deh, lJ1p" n""""p'ipU eHI:LD SPT ALLOe CHILD SPT At.LOC SPOUSAL SUPPORT nenF'Jir.i:t~ RYAN C. MURPHY TRAVIS iiI. MURPHY DENISE POTE MUR:~HY Said money to be turned over by the Pa senu to: DENISE POTE MURPH'! . Payments must be made by check or money order. All checks and money orders must be made payable to Pa SCDU and maile;i to: Pa SCDU P.O. Box 69110 Harrisburg, Pa 17106-9110 Paymenrs mUSl include the defendanr's PACSES Member Numb,~r or Social Security Numl::r in order to be processed. Do nor send cash by mail. ~~~:~~~:::!~!:!J~=:::~~~~::~:~2!~~~~~~~.~~t'i:;~~~~~~~~!::~~'~::,:.~~~~1f~':~~~~:~'~~:~':~:::'!= Scrvlce Type M Workcr II) ?, n.'. DEC-21-04 09:46 FROM-Cumbirland County Domistic Rilations +17172406248 T-246 P.004/005 F-42T MURPHY v. MURPHY P A CSES Case Number: 4471 0 ,I 1 ~ 7 Unreimbursed medical expenses that exceed $250.00 annually per child and/or spo'l:e are to be paid as follows: 60 % by defendant and 40 % by plaintiff. The plaintiff' ; responsible to pay the first $250.00 annually (per child and/or spouse) in unreimbursed medical expenses. GY DefendantO Plaintiff 0 Neither party to provide medical insuram ~ coverage. Within thirty (30) days after the entry of this order" the 0 Plaintiff @ Defendant shall submit to the person having custody of thc~ child(ren) written proof rh:r medical insurance coverage has been obtained or that application for coverage has been mIl. Ie. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care covera::: ~ provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usafl , such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles aIlr: co-payments; and 8) five copies of any claim foons. Other Conditions: THIS ORDER IS BASED ON THE PARTIES AGREEMENT AS DEFINED IN THE 6/25/03 CORRESPONDENCE FROM COUNSEL. THIS ORDER IS ALLOCATED $750.00 PER MONTH CflILD SUPPOR'!' AND $300.00 PER MO~Ta S~OOSA~ SU~PORT. Defendant shall pay the fOllowing fees: Fee TQT~l $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Fee Oesc,illl:iQll. furJODICIAL COMPUTER FEE for COURT COSTS for PaVn1p.nr Frp.ol~ Payable [[ $ 0.00 Payable at $ 0.00 Payable aT $ 0.00 Payable at $ o. ,~o Payable at $ 0.00 per MONTH peT MOI'1Tll per for for per per ~!~~~~:~:~~:~;;~:~~~,::~:~::~=,i~~~!~!~~:~~'f~i?t~t~.!~~~!~!~i!:~~::~~-':',:~~~~WP~~i::f:"~~~~::::C~:~~=: DEC721.-O<l 09:4S FROM-Cumberland County Domestic Relations +1 T1T240S2<l8 T-24S P.005/00S F-427 MURPHY v. MURPHY PACSES Case Number: 4471043:.' IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM ruE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVAt: . TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE I: F PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT, A PAl: Y WHO WILLFULLY fAlLS TO REPOf<T A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGEf. N CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES Tl::lAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LE".;T ONCE EVERY 1'HREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO ~. IE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MOP ,;y (AD1UST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC lRELATIONS SECTION, ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUD\W: UNALLOCA TED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALlMC ~y PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NO" IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPl'( RT OBLIGATION AND (I) THE COURT FINDS THAT TflERE IS GOOD CAUSE NOT TO REQ', lRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WR,ITTEN AGREEMENT IS REACHED BET\I' tEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAYBE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST :.: oAL PROPERTY . IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor ill:', , be arrested and brought before the Court for a Contempt hearing; payor's wages, S;', ary, commissions, and/or income may be attached in accordanc'~ with law; this Order wi: I be increased without further hearing by 0 % a month until aJ1 !Irrearages are paid in full. ::: lyor is responsible for court costs and fees, Copies delivered 10 parries . '(,] I.) "'i ; :""'J .}..... "~ -. -" \ . Dale Consented: Plaintiff Plaintiffs Attorney Defendant's Attorney Defendant BY THE COURT: ;::~,:~~.:; ~;-:~:!:~:~:!:::::::::~!~~~::!:!~!;~:;':~~;~:!!~r~!~!~~:~:!::~~!~~~~\rti{~f~~~~~::'~~:~~:!;~'; Worker ID ?"I:"l 04 .. -., ..,-~ Exhibit B Barbara Sumple-SulJivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 RICHARD E. MURPHY, Plaintiff : IN TIffi COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-5019 DENISE P. MURPHY, Defendant : CIVIL ACTION -LAW : IN DIVORCE I, DENISE P. MURPHY, spouse of RICHARD Eo MURPHY, hereby acknowledge that: a) I am separated from but still legally married to Richard E. Murphy; b) I acknowledge that upon the condition of ex,ecution of the Marital Settlement Agreement, I will no longer be receiving spousal support payments from Richard E. Murphy as of Del~ember 31, 2004; c) I acknowledge that after December 31, 2004, I can not make any claim or demand for spousal support, maintenance, alimony or alimony pendente lite from Richard E. Murphy; and d) I specifically acknowledge, warrant and confirm and it is understood by me that, upon the execution of this Waiver, I calmot make any claim or raise any rights in and for any support, maintenan~e, alimony or alimony pendente lite. This Waiver is absolute and without limitation. e) I hereby authorize Domestic Relations to tenninate the spousal support payment effective December 31, 2004. DENISEP. MURPHY COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) COUNTY OF Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared DENISE P. MURPHY, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Waiver are true and correct to the best of her knowledge, information and belief Affirmed and subscribed to before me this day of ,2004. NOTARY PUBLIC My commission expires: (SEAL) 2 Exhibit C ,~ -...-::.r' '_. '..' ) --- ~_._- . ."'-, "L-::"'--'--_n_..'::::..__ __~.___~_,-"-~_____._ _____"---- RICHARD E. MURPHY, Plaintiff '" v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY DENISE P. MURPHY, Defendant : NO. 02-1379 ORDER ADOPTING STIPULATION OF PARTIES . ~1 " AND NOW, to wit, this JA day of ~ ' 2002, upon consideration of the foregoing Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Richard E. Murphy, and Donald T. Kissinger, Esquire, counsel for Defendant, Denise ~I P. Murphy, it is hereby ordered, adjudged and decreed tbat the telms, conditions and provisions of the foregoing Stipulation for Custody dated, 11), 1/.('/ ~ 1 ' 2002 is adopted as an Order of Court as if set forth herein at length. BY THE COURT;I ~ , I t '~~.~- .-........,- ~.?-...-J .d! " ,/' ClW"IJ E. Cu,'t/d J. / .1 TRUE COpy FROM RECORD In TtlSUmony wherOOf, I hem unto set my hand and 1M 11M! of silIld c~.. ~ J~carIlSIe. PI. rhiLJ~f day ot _..... .~ c; :/4" (J )'vId'P,." ,- . _ . . _~_____ ProlhonCJtar~ . .' -- '" .' . o '-. Barbara Sump Ie-Sullivan, Esquire Supreme Court #323 I 7 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 RICHARD E. MURPHY, . Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY DENISE P. MURPHY, Defendant : NO. 02-1379 STIPULATION REGARDING CUSTODY THIS AGREEMENT is made thiJ~y 0~'A...(/ , 2002' by and between - Denise P. Murphy, (hereinafter referred to as "Mother") and Richard E. Murphy (hereinafter referred to as "Father"). WITNESSETH WHEREAS, Mother and Father are the parents of two (2) children, namely Ryan C. Murphy (born June 28, 1988) and Travis W. Murphy (born August lit, 1991); WHEREAS, Father has filed a Custody Complaint on March 20, 2002 seeking shared legal and physical custody of the children; WHEREAS. the parties now desire to resolve all matters concerning custody which are before the Court. NOW THEREFORE, the parties intending to be legally bound, do agree as follows: L Lee:al Custody. The parties agree to shared legal custody of the said minor children. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious trainhi.g and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared le'gal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day t'o day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emerg(:ncy and consult with him or her as soon as possible. Each party shall be entitled to complete and full infOlmation from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. II. Phvsical Custodv. Mother shall have and enjoy primary physical custody of the children and Father shall have and enjoy rights of partial custody. Physical custody of the minor children shall be shared between the parties as follows: L Durin!! the Summer: For purposes of this paragraph, summer shall be defmed as the day following the dismissal of school through the first day of school. A. Alternating weekends: The parties shall allternate the weekends commencing Friday at 6:00 p.m. and ending on Monday morniug at 12:00 noon. The alternating summer weekends shall foLlow the established school year weekend schedule. . B. l>Q#-. c. Week nights: Father slwlUwve overnight custody of the children from 12:00 noon on Monday Yij~i~.m. on Wednesday. Mother shall the custody of the children fronf~.m. on Wednesday until 6:00 p.m. on Friday. )>pM. Care bv Non-Custodial Parent: It is further agreed that, in the event either parent is working during the summer and the other parent is home and available to care for and supervise the children, that parent shall have the right to do so. It is noted that this will not be the case during designated "vacation" weeks as set forth in paragraph 4 below. The parties specifically -2- agree that typically, during the summer, Father will coordinate with Mother the transfer of the children during the days of his custody. The parties agree that they will make every effort to facilitate transition of the children between the homes. In the event either parent utilizes this additional time, it is agreed that the children will be returned to the custodial parent upon the completion of his or her nOlmal work hours, unless other times are approved by the custodial parent. 2. During the School Year: A. Alternating Weekends. The parties shall cQntinue to alternate weekends commencing Friday at 6:00 p.m. until the start of school Monday morning. B. Week nights: Father shall have each Tuesday from 6:00 p.m. until start of school on Wednesday morning. C. Floating Davs: Additionally, during the time period that school is in session, Father shall have the right to"take fifteen (15) additional days, which shall include overnights. The parties agree that they shall attend a conciliation in August, 2002, prior to commencement of school to determine if any restriction should be placed on the specific days of the week which shall be used as floating days. 3. Holidays. The parties shall celebrate holidays as follows: A) In even numbered years, Mother shall have the holidays of Memorial Day and Labor Day. These holidays shall be defined as 9:00 a.m. until 7:00 p.m. Father shall have these times in odd numbered years. B) In even numbered years, Father shall have Easter, July 4th and New Year's Day. Easter shall be defined as 9:00 a.m. until 7:00 p.m. July, lh h h . 4 shall be defined as 9:00 a.m. on July 4t until 9:00 a.m. on July st . New Year's Day shall be defined from New Year's Eve at 6:00 p.m. until New Year's Day at 6:00 p.m. Mother shall have these times in odd numbered years. C) Mother shall always have Mother's Day, which shall be defined as 9:00 a.m. to 7:00 p.m. D) Father shall always have Father's Day, which shall be defined a 9:00 a.m. until 7:00 p.m. -3- E) Thanksgiving shall be shared between the parties. Segment A shall consist of Wednesday evening fi:om 6:00 p.m. until Thanksgiving Day at I :00 p.m. Segment B shall consist of Thanksgiving Day at I :00 p.m. until Friday at 6:00 p.m. when the regular weekend schedule shall resume. Mother shall have Segment A of the Thanksgiving Holiday in even years and Father shall have Segment B. This shall reverse for odd numbered years. F) Christmas shall be shared between the pllliies. Segment A shall consist from Christmas Eve at 9:00 a.m. until Christmas Day at 12:00 noon. Segment B shall be defined as Christmas Day at 12:00 noon until December 26th at 9:00 p.m. Mother shall have Segment A of the Christmas Holiday in even years and Father shall have Segment B. This shall reverse for odd numbered years. The holiday schedule as set forth above shall supersede all other provisions of this Order. 4. Vacations. Upon thirty days (30) written notice, each party shall have the right to take two (2) weeks of vacation. This can occur any time during the year and does not require actual travel by the parent. A week shall be defined as seven (7) consecutive days and shall include Mother's/Father's custodial weekend, so as not to disrupt the alternating weekend schedule. These weeks shall be non-consecutive. 5. Positive Relationships. Each of the parties and any third party in the presence of the children and the party shall take all measures deemed advisable to foster a feeling of affection between the children and the other party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the other party. Neither party shall do anything which. may estrange the children from the other party or injure the children I s opinion the parent or which may hamper the free and natural development of the children I s love and respect for the other parent. 6. Location. The residences, addresses and telephone numbers where the children may be reached shall at all times, including vacatitons, be known to both parties and each party shall immediately notify the other by telephone, if possible, or telegram, of any illness or other emergency that may arise while the children are in her or his custody. 7. Transportation. The parties shall share transportation as the parties can agree. 8. Telephone Contact. The parents are entitled to speak with the children on their non- custodial 'days. The custodial parent shall make the children available for the other -4- parent's call. 9. Rieht of First Refusal. The parties agree that they shall provide each other with the right of first refusal to care for the children in 1ne event the children are in their custodial care and they are away for a period of more than five (5) hours from the children. The parties shall cooperate in notifYing each other and giving each other the opportunity to provide care of the children during these periods. The parties hereto acknowledge and agree that this Stipulation For Custody shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: ~. Denise P. Murphy z(C4~L -5- RICHARD E. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLA1\1D COUNTY, PENNSYLVANIA v. NO. 03-5019 DENISE P. MURPHY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 23, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C. SA. Section 4904 relating to unsworn falsification to authorities. DATE: /2..h/~<Y ~~,~~/ IDCHARDE.MURPHY ~ RICHARD E. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-5019 DENISE P. MURPHY, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~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 ifI do not claim them before a divorctl 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 immediatl~ly after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. DATE: /z;,/.?/ ",6:/ ~~~ RICHARD E. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-5019 DENISE P. MURPHY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSEN1: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 23,2003. 2. The marriage of the Plaintiff and Defendant is im:trievably broken. Ninety days have elapsed since 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. 'DATE: '~n{ 1JlAiJ:r JJ. ~ DENISE P. MURP RICHARD E. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5019 DENISE P. MURPHY, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 1)4904 relating to unsworn falsification to authorities. DATE:~ fjJl~~ DENISE P. MURP Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 RICHARD E. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5019 DENISE P MURPHY, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. 1. Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on September 29, 2003. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff December 31,2004; by Defendant December 30,2004. 4. Related claims pending: All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated December 31, 2004 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiffs Waiver of Notice in 3301(c) Di;:Ofce w s filed with Prothonotary: January 12, 2005. Date Defendant's Waiver of Notice in 33lJhc) vo w s filed with / ' Prothonotary: January 12,2005. ./ /~ 1/) Dated: January 11, 2005 ~ / ~bara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumb~:rIand, PA 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 RICHARD E. MURPHY, Plaintiff v. DENISE P. MURPHY, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA NO. 03-5019 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: January 11, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;t;:f.:f.:t;:f. . . . ~~~:+:~"':+:'" "''''''''''''' ",~~",~;t;"'''''''''''''~''''''~'''''''''~'''''' "'''''''''':+:'''''''''''''''''''''''''''''''''~'''~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY "~ STATE OF PENNA. RICHARD E. MURPHY, Plaintiff No. 03-5019 VERSUS DENISE P. MURPHY, Defendant DECREE IN DIVORCE AND NOW, 'J ~ J-o o-::r J:;'f"/.M . 2005 , IT IS ORDERED AND DECREED THAT RICHARD E. MURPHY , PLAINTIFF. AND DENISE P. MURPHY . . . . . . . . . . . . . . . . . . . . . . . . , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated December 31, 2004 cmd incorporated, but not merged, into the Decree. . . . . . . . . . . . . . . J. . . . . . . . PROTHONOTARY . . . . "'~"'''' "''''''''''T.T.T.T.T.T.T.T.~T.T. T.T.~~ ) ~. ATTES~ ~ k) , . . . . . . . . . . ... ~T.T. T.T.T.T.T. T.T.T.+.T.+++ +++++ :Ii"'''' :+: ~? r ? ~ rr'J{, ;0. )fl ~ r'-> f' ? ,nr''''' #/&;1"';7 91' If I .' ~. ----