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HomeMy WebLinkAbout08-4036Q -1 % F:0LESICIiaits\13059 Mmre3U3059.1Acom 7/8/08 4:02PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KEITH S. MURRAY, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- '-/ O 3 (o CA-Z;-Q `TZ-- CIVIL ACTION - LAW SUSANNA M. MURRAY, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KEITH S. MURRAY, Plaintiff V. SUSANNA M. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- 40 CIVIL ACTION - LAW IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(0 OF THE DIVORCE CODE 1. Plaintiff is Keith S. Murray, an adult individual residing at 12 West Big Spring Avenue, Apartment 5, Newville, Pennsylvania. 2. Defendant is Susanna M. Murray, who has a mailing address of P.O. Box 298, Plainfield, PA 17081. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Pennsylvania. 5. 6. 7. The Plaintiff and Defendant were married on June 15, 1991, in Newville, There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. Date: July 9, 2008 MARTSON LAW OFFICES By J Spears, Esquire 10-East igh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F:\FILES\Chcnts\13059 Mumy\13059.1.dcom CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson DeardorffWilliams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Divorce Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Laura C. Reyes Maloney, Esquire LAGUNA REYES MALONEY 1119 North Front Street Harrisburg, PA 17102 Dated: ? l klo e i en nabs nil ?«.,. Carlisle, PA 17013 (717) 243-3341 R. J a 0 hg C co C) KEITH S. MURRAY, Plaintiff V. SUSANNA M. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- Yd 9 to CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff is Keith S. Murray, an adult individual residing at 12 West Big Spring Avenue, Apartment 5, Newville, Pennsylvania. 2. Defendant is Susanna M. Murray, an adult individual with a mailing address of P.O. Box 208, Plainfield, Pennsylvania. 3. Plaintiff seeks shared custody of the children, Benjamin Murray, who was born on June 28, 1993 and Samuel Murray, who was born on October 11, 1996. 4. The children were not born out of wedlock. 5. Since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: Location Date Person Marysville, PA 1994-2002 Parties Plainfield, PA 2002-5/5/08 Parties Plainfield, PA 5/6/08-present Mother 6. The relationship of the Plaintiff to the child is that of father. He is married and living separately. The Plaintiff currently resides with the following: Name Relationship Benjamin Marsh Son Samuel Marsh Son 7. The relationship of the Defendant to the child is that of mother. She is married and living separately. The Defendant currently resides with the following: Name Relationship Benjamin Murray Son Samuel Murray Son 8. The parties have not participated in previous litigation concerning the custody of the children in this court or any court. 9. The Plaintiff has no information of a custody proceeding concerning the children pending in any other court. 10. The best interest and permanent welfare of the children will be served by granting shared custody to Plaintiff because: he can best provide a stable and nurturing environment for his sons. 11. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff shared legal and physical custody of the children. MARTSON LAW OFFICES By Jertnifd A Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: July, 2008 Attorneys for Plaintiff 1 , r VERIFICATION The foregoing Custody Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F:\FILES\Chcnu\13059 Murtey\13059.1.cwm CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Custody Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Laura C. Reyes Maloney, Esquire LAGUNA REYES MALONEY 1119 North Front Street Harrisburg, PA 17102 MARTSON LAW OFFICES By Ami J. Th a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 9 ? I 0 0 P- I% ° zt? 4 C? C CID L 7 ? " " . ft P N G? KEITH S. MURRAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4036 CIVIL ACTION LAW SUSANNA M. MURRAY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, July 18, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 21, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Pox p lvw? AO?2 6:?u - F:\F1LES\CGents\13059 Mutray\13059.I.AOS 7/23/08 2:30PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KEITH S. MURRAY, Plaintiff V. SUSANNA M. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4036 CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY ATTORNEY'S ACCEPTANCE OF SERVICE I, Laura C. Reyes Maloney, Esquire, accept service of the Complaint in Divorce on behalf of Defendant in the above-captioned matter and state that I am authorized to do so. LAGUNA REYES MALONEY By La C. Reyes Malone , uire 9 North Front Stre Harrisburg, PA 17102 Attorneys for Defendant Date: ')-905-0 9 r..a c;;u OD LAGUNA REYES MALONEY, LLP ( 1 19 NORTH FRONT STREET, HARRISBURG, PA 1 7102 TEL.: (7 1 7) 233-5292 / FAX: (7 1 7) 233-5394 LR M @STAN FOR DALU M N L O RG ATTORNEYS FOR DEFENDANT KEITH S. MURRAY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § SUSANNA M. MURRAY, § Defendant § NO. 08-4036 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 in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrators Office at the Cumberland County Courthouse, 4`h Floor, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE IS GRANTED OR ANNULMENT, 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 LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse, 4`n Floor Carlisle, PA 17013 (717) 240-6200 f LAGUNA REYES MALONEY, LLP 1 1 19 NORTH FRONT STREET, HARRISBURG, PA 1 7 1 02 TEL.: (7 1 7) 233-5292 / FAx: (71 7) 233-5394 ATTORNEYS FOR DEFENDANT KEITH S. MURRAY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 08-4036 SUSANNA M. MURRAY, § CIVIL ACTION - LAW IN DIVORCE Defendant § DEFENDANT'S ANSWER AND COUNTERCLAIMS TO PLAINTIFF'S DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Defendant, Susanna M. Murray, by and through her attorneys, Laguna Reyes Maloney, LLP, and, pursuant to Pa.R.C.P. 1920.15, answers Plaintiff's Complaint in Divorce and, in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Neither admitted nor denied as Defendant is presently without knowledge or information sufficient to form a belief as to the truth of 2 s the matter asserted and strict proof thereof is demanded prior to trial. 8. No response is necessary. COUNTERCLAIMS / NEW MATTER COUNT I GROUNDS FOR DIVORCE: INDIGNITIES Divorce Code Section 3301(a)(6) 9. Paragraphs 1 through 8 are incorporated herein by reference as if set forth in their full text. 10. Plaintiff has offered such indignities to Defendant, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 11. Defendant has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Defendant does not desire that the Court require the parties to participate in counseling. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 3 13. Plaintiff and Defendant are joint owners of various items of realty, personal property, furniture, and household furnishings acquired during their marriage that are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage that are subject to equitable distribution. 15. Defendant requests the Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. COUNT III CLAIM FOR ALIMONY 16. Paragraphs 1 through 15 are incorporated herein by reference as if set forth in their full text. 17. Defendant is without sufficient property and otherwise unable to financially support herself. 18. Plaintiff is presently employed and receiving substantial income and benefits and is able to pay for alimony pendente lite, costs, and counsel fees for Defendant. 19. Defendant requests the Court to enter an Order requiring Plaintiff to pay alimony for Defendant. 4 WHEREFORE, Defendant prays that a judgment be entered in favor of the Defendant against the Plaintiff as follows: a. As to Plaintiff's Complaint in Divorce, that this Honorable Court issue a divorce decree divorcing Defendant from the bonds of matrimony between Plaintiff and Defendant; b. As to Count I, that this Honorable Court issue a divorce decree divorcing Defendant from the bonds of matrimony between Plaintiff and Defendant; C. As to Count II, that this Honorable Court enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties; d. As to Count III, that this Honorable Court enter an Order requiring Plaintiff to pay alimony for Defendant; and e. Such other additional relief as the Court deems necessary and just. Respectfully submitted, Date L a C. Reyes taloh ,Esquire Supreme Court . No 78075 Attorney for Defendant LAGUNA REYES MALONEY, LLP 1119 North Front Street Harrisburg, PA 17102 (717) 233-5292 5 VERIFICATION I verify that the statements made in this Defendant's Answer and Counterclaims to Plaintiff's Divorce Complaint under Section 3301(c) of the Divorce Code are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Susanna M. Murray, D fen t 6 KEITH S. MURRAY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 08-4036 SUSANNA M. MURRAY, § CIVIL ACTION - LAW IN DIVORCE Defendant § CERTIFICATE OF SERVICE I hereby certify that I served and true and correct copy of the foregoing Defendant's Answer and Counterclaims to Plaintiff's Divorce Complaint under Section 3301(c) of the Divorce Code via first-class U.S. mail upon Plaintiffs counsel, addressed as follows: Jennifer L. Spears, Esquire 10 E. High St. Carlisle, PA 17013 I - ;9 08 Date a C. Reyes tney, Esquire 7 jj? t V iT 09 F LAGUNA REYES MALONEY, LLP 1 1 19 NORTH FRONT STREET, HARRISBURG, PA 1 7 1 02 TEL.: (7 1 7) 233-5292 / FAX: (71 7) 233-5394 LR M @STAN FO R DA LU M N I.0 R G ATTORNEYS FOR DEFENDANT KEITH S. MURRAY, § IN THE COURT OF COMMON PLEAS OF Plaintiff/Father § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 08-4036 SUSANNA M. MURRAY, § CIVIL ACTION - LAW Defendant/Mother § IN CUSTODY MOTHER'S ANSWER TO FATHER'S COMPLAINT FOR CUSTODY AND NOW, comes the Defendant/Mother, Susanna M. Murray, by and through her attorneys, Laguna Reyes Maloney, LLP, and, in response to Plaintiff's/Father's custody complaint, represents as follows: 1. Admitted. 2. Admitted. 3. Admitted only that Father seeks shared custody of the children. By way of further response, Mother seeks primary physical custody of the children. 4. Admitted. 5. Admitted. 6. Admitted only that Plaintiff is the children's father and is married and living separate from Mother. It is specifically denied that the children live with the Father. On the contrary, children live primarily with Mother. 7. Admitted. 8. Admitted. 9. Neither admitted nor denied as Defendant is presently without knowledge or information sufficient to form a belief as to the truth of the matter asserted and strict proof thereof is demanded prior to trial. 10. It is specifically denied that the best interest and permanent welfare of the children will be served by granting the relief requested by Plaintiff. By way of further response, since the children's birth, Mother has been the children's primary caretaker. 11. Neither admitted nor denied as Defendant is presently without knowledge or information sufficient to form a belief as to the truth of the matter asserted and strict proof thereof is demanded prior to trial. 2 WHEREFORE, Defendant/Mother requests that this Honorable Court grant the parties shared legal custody of the children and grant Mother primary physical custody of the children. 1") - 3a -() R Date Respectfully submitted, a a C. Revs Loney, Esquire upreme Co I.D. o.: 78075 Attorney for Defendant LAGUNA REYES MALONEY, LLP 1119 North Front Street Harrisburg, PA 17102 (717) 233-5292 3 VERIFICATION I verify that the statements made in the foregoing Mother's Answer to Father's Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject me to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. -J -a -d8 Date Susanna M. Murray, 4 r Y ? A .. ' .' It. . KEITH S. MURRAY, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 08-4036 SUSANNA M. MURRAY, § CIVIL ACTION - LAW IN DIVORCE Defendant § CERTIFICATE OF SERVICE I hereby certify that I served and true and correct copy of the foregoing Mother's Answer to Father's Complaint for Custody via first-class U.S. mail upon Plaintiff's counsel, addressed as follows: Jennifer L. Spears, Esquire 10 E. High St. Carlisle, PA 17013 ')-30_ G S, Date 0,1,,a C. Reye ney, Esquire 5 1 c n 0 Q G< KEITH S. MURRAY, Plaintiff V. SUSANNA M. MURRAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4036 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of e %o , 2008, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The Father, Keith S. Murray and the Mother, Susanna, shall have shared legal custody of Benjamin Murray, born June 28, 1993 and Samuel Murry, bornOctober 11, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any, physician, dentist, teacher or authority and copies of any reports given to them as parents in?luding, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies) of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have the following periods of partial physical custody: A. During the school year, alternating weeks as follows: i. On week one, beginning September 18, 2009, Thursday after work to Monday morning when Father shall drop the children at Mother's home to catch the school bus. ii. On week two, beginning September 10, 20018, Wednesday after work to Friday morning when Fathers all drop the y CV5 cat LIA a. 41.1 cn i LLJ i,s? c4 ca ? a? . children at Mother's home to catch the school bus. (During Father's periods of custody, the children will always be dropped off at Mother to catch the school bus.) B. During the summer: week on/week off with the exchange day and time as agreed by the parties. C. Because Father is employed by the military and has weekend and extended summer work obligations, the parties shall cooperate with exchanging weekends and summer weeks to accommodate Father's work schedule to achieve the intent of this Order. During Father's military commitments, Mother shall be the primary resource for caring for the children. 4. Holidays: The holiday schedule shall take precedence ove? the regular custodial schedule. A. Thanksgiving shall be shared such that Mother shall al ays have physical custody of the children from 9:00 a.m. to 1:00 p.m. and Father shall always have physical custody of the children from 1:00 P.M. to 9:00 P.M. B. Christmas shall be divided into two equal Blocks, depending on the Christmas break from school, which is defined as beginning after school on the day Christmas break begins to the morning that school resumes. Mother shall always have physical custody fbr the first half of the Christmas break and Father shall always have physical custody for the second half of Christmas break. C. Easter: Mother shall always have physical custody of the children on Easter from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the children from 3:00 p.m. to 9:0 p.m. D. Memorial Day/July 4th/Labor Day. The party who has custody under the regular schedule shall have physical custody of the' children on these holidays, except that if it is Father's period of time, his custodial period shall extend to the morning of the next day. E. Mother's Day/Father's Day. Mother shall always have physical custody of the children on Mother's Day from 9:00 a.. to 9:00 P.M. and Father shall always have physical custody of the children on Father's Day from 9:00 a.m. to 9:00 p.m. 5. The parties shall have liberal telephone contact with the children. 6. Transportation shall be shared as agreed by the parties. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provision of this Order by mutual consent. In the absence of mutual consent, the terms of this O der shall control. BY THE COURT, cc:ennifer Spears, Esquire, Counsel for Father Laura C. Reyes Maloney, Esquire, Counsel for Mother W t 1 rn?.t LCL 4fisfoe i KEITH S. MURRAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4036 CIVIL ACTION - LAW SUSANNA M. MURRAY, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Benjamin Murray June 28, 1993 Mother Samuel Murray October 11, 1996 Mother 2. A Conciliation Conference was held in this matter on Septjember 8, 2008, with the following in attendance: The Father, Keith S. Murray, with his counsel, Jennifer Spears, Esquire, and the Mother, Susanna M. Murray, with her counsel, Laura C. Reyes Maloney, Esquire. 3. The parties agreed to an Order in the form as attached. C-9 _v . Date cq ine M. Verney, Esquire Custody Conciliator Jennifer L. Spears, Esquire MAR'TSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KEITH S. MURRAY, Plaintiff V. SUSANNA M. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4036 CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties above-named hereby stipulate and agree that the best interests and permanent welfare of their sons, Benjamin Murray (born June 28, 1993) and Samuel Murray (born October 11, 1996) will be best served by the proposed order attached hereto, and request the Court to enter same. . M qK-eit-h- ,Plaint ather V4 rLSpears, Esquire T Attorney for Plaintiff/Father Susanna M. Murray, Defen nt/Mother L #a Reyes Ma ne , squire A orney for De dant/ ther ?? c--? ( ! C":y c ?3 . °'i'1 '? ? E._ ??? .. ...c? ..?? .t r ?,. ?? .?? ,.t,Z '?G 1 w] a? _? OOV p 3 2008 KEITH S. MURRAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4036 CIVIL ACTION - LAW SUSANNA M. MURRAY, : Defendant IN CUSTODY ORDER OF COURT AND NOW, thisc day of November, 2008, upon consideration of tie foregoing Stipulation, it is hereby ordered and decreed: 1. The Father, Keith S. Murray and the Mother, Susanna, shall have shared egal custody of Benjamin Murray, born June 28,1993, and Samuel Murray, born October 11, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make al major non- emergency decisions affecting their health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining t the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent, within such reasonable time as to make the records and information of reasonable us to the other parent. Both parents shall be entitled to full participation in all educational and medi al/treatment planning meetings and evaluations with regard to the minor child. Each parent shall a entitled to full and complete information from any physician, dentist, teach or authority and copies of any reports given to them as parents including, but not limited to: medical records, birtcertificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to sch of pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parties shall have shared and joint physical custody of the childr n on a week on/week offbasis. Mother's first full week will begin on Sunday, October 12, 2008. exchange the children every Sunday before or after church to ensure that the boys their Mother every Sunday. Mother and Father will discuss and agree to a later parties will church with time on r Sunday whenever the children may be out of town with a parent over their weekend. 3. Because Father is employed by the military and has weekend and extended summer work obligations, the parties shall cooperate with exchanging weekends and summer weeks to accommodate Father's work schedule to achieve the intent of this Order. During Fa er's military commitments, Mother shall be the primary resource for caring for the children. 4. Holidays: The holiday schedule shall take precedence of the regular custodial schedule: A. Thanksgiving shall be shared such that Mother shall always have physical custody of the children from 9:00 a.m. to 1:00 p.m. and Father shall always have physical custody of the children from 1:00 p.m. to 9:00 .m. B. Christmas shall be divided into two equal Blocks, depending on the Christmas break from school, which is defined as beginning after school on the day Christmas break begins to the morning that school resumes. Mother shall always have physical custody for the first half of Chris as break and Father shall always have physical custody for the second half of Christmas break. C. Easter: Mother shall always have physical custody of the chil en on Easter from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the children from 3:00 p.m. to 9:00 p.m. D. Memorial Day/July 40'/Labor Day: The party who has custody under the regular schedule shall have physical custody of the children on those holidays, except that if it is Father's period of time, his custodial period shall extend to the morning of the next day. E. Mother's Day/Father's Day. Mother shall always have physical custody of the children on Mother's Day from 9:00 a.m. to 9:00 p.m. and Father shall always have physical custody of the children on Father's Day om 9:00 a.m. to 9:00 P.M. 5. The parties shall have liberal telephone contact with the children. 6. Transportation shall be shared as agreed by the parties. s 7. This Order is entered pursuant to an agreement of the parties to modi Court of September 11, 2008. This Order is effective as of October 12, 2008 and rep of September 11, 2008. 8. The parties may modify the provisions of this Order by mutual cc absence of mutual consent, the terms of this Order shall control. 9. Father shall not file for a support modification based on this change of and agrees to pay support in the amount entered by Order of Court on September 23, 2 to 406 S 2008, PACSES 628 1 1 003 1, which was entered into by mutual agreement Should the support be modified in the future based on changed circumstances, Fa request that the support be calculated taking into account the custodial arrangement date of any new order for support. BY THE COURT, J V cc: ?aura fer L. Spears, Esquire, Attorney for Plaintiff ./ C. Reyes Maloney, Esquire, Attorney for Defendant 1214a <</N/* t*q y the Order of i es the Order sent. In the stodial time 08, docketed f the parties. er may then the effective 6 ? : I ! WV I -AON 0601 3AHi 30 KU- O-CPI r WITNESSETH: WHEREAS, the parties were married on June 15, 1991, in Newville, Pennsylvania; WHEREAS, two children have been born of the marriage of the parties: Benjamin and F:\PUMCHents\13059 Mnmy\13059.I.mw.wpd Created: 7/30/04 9:12AM 'Revised: 12116/09 1:09PM Jennifer L. Spears, Esquire I.D. 87445 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 KEITH S. MURRAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4036 CIVIL ACTION - LAW SUSANNA M. MURRAY, Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this `7 day of lQub6', 2009, by and between Keith S. Murray, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Husband") and Susanna M. Murray, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): Samuel Murray; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. A I ? . NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania on July 8, 2008, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 2 Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not lie affected" in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. r 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for 3 all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or cqurtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except aft rights and atgreements and obligations of whatsoever nature arising or which may arise under this Agrebment or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Jennifer L. Spears, Esquire, counsel for Husband and Laura C. Reyes Maloney, Esquire, counsel for Wife. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the y 4 other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession 5 or under the control of the other. The parties agree, however, to divide all photographs evenly, and each party shall be entitled to access to negatives. If applicable, the parties will make duplicates of all camcorder tapes which currently exist so that each party has a full set. Any cost involved in the duplication of the videos will she shared equally. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: The parties have listed the marital residence at 112 A Street, Carlisle, Cumberland County, Pennsylvania 17015 for sale. The parties agree that Wife will retain and any and all proceeds from the sale of the property. For that reason, Wife may settle for any price on the property that she wishes, provided that Husband is not responsible for any fees, expenses or loss. Wife shall remain sdlely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said property until it is sold. 13. BANK ACCOUNTS. CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to'their respective vehicles. 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him 6 or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2009. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties agree that Husband may claim Benjamin Murray on his tax returns as a dependency exemption and Wife may claim Samuel on her tax returns. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any;transfer of property pursuant to this Agreement shall be within the scope and applicability of the`Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. SPOUSAL SUPPORT AND ALIMONY: The parties agree that spousal support will terminate upon the entry of a Decree in Divorce. Husband will begin to pay to Wife alimony in the amount of $350 per month for 9 years upon the entry of a Decree in Divorce. Husband will continue to pay Wife the $165 mortgage adjustment/contribution as per their current support order until the house is sold and the mortgage is satisfied. Alimony shall terminate sooner upon the death of either party, or Wife's remarriage or cohabitation with a person of the opposite sex who is not a member of Wife's family within the degrees of consanguinity. 7 19. PENSIONS / RETIREMENT/ ENVESTMENT ACCOUNTS: Husband will retain his Federal Employees Retirement System (FERS) benefits and his Thrift Savings Plan (TSP), to which Wife waives any and all interest. The marital portion of Husband's Army Reserve Pension (military pension) shall be divided with Wife receiving 50% of the marital portion earned from the date of marriage until the parties' separation on May 6, 2008. A court order to divide the pension shall be prepared by Husband's counsel, and upon approval by Wife and Wife's counsel, submitted to DFAS. If Wife is eligible for and selects'a survivor'§ benefit, she shall be fully responsible for the cost of same. 20. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 21. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. 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. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, 8 including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 9 31. MODIFICATION AND WAIVER: 'A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the patties hereto have set their hands and seals the date and year first above written. (SEAL) WITNE S Kei . M i NESS Susanna M. Murray 10 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF SS On this, day of l , 2909 before me a Notary Public, appeared Keith S. Murray, known to me to be the person whose name is subscribed to theses thin Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. otary P bl c COMMONWEALTH OF PENNSYLVANIA Notwlal Seal Sheiy Brooks. Notary Public CaMft Boro. Cumbsdand County Conxnission Expires AN. 5.2018 Member. Pennsyhranie Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0 0,11 WA ?• On this, the AJ day of #e , 2009 before me, a Notary Public, personally appeared Susanna M. Murray, known to we to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. tary Public "0110ft SAL LAM C WMI MAlOW 1101610 Pubic lal?I l CR% OAWWW COWIN 110 CFO , ?- anI- ip1MM 1160 21. lot r 11 20u9 DL D 28 Ph 38 = VIWW*OM 9AMU vow Mown A 4WANOUR "OW LV f?- ? ?ilM Jennifer L. Spears, Esquire I.D. 87445 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 KEITH S. MURRAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4036 CIVIL ACTION - LAW SUSANNA M. MURRAY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 8, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Z 2999 DEC 28 rP i" 2: 3'J ? e F:WMES1CHents113059 Marray\13059.1.aac Created: 7/30/04 9:12AM Revised: 12/16/09 1:30PM Jennifer L. Spears, Esquire I.D. 87445 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 KEITH S. MURRAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4036 CIVIL ACTION - LAW SUSANNA M. MURRAY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 8, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Susanna A Murray, D fendant NAP 2009 DEC 28 02* 3 CUikr ?,,i? Jennifer L. Spears, Esquire I.D. 87445 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 &b1l H S. MURRAY, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SUSANNA M. MURRAY, Defendant NO. 08-4036 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND & 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ]J k, A A, rvig, Susanna M. Murray, Defen t 1? T'' " '"'::}Y 2009 OLEC 28 1"M 2* 39 Jennifer L. Spears, Esquire I.D. 87445 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Amiiri Z). 1VIUKKAY, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SUSANNA M. MURRAY, Defendant NO. 08-4036 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the; penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: I L Zq v 4th ay aintiff FILE"t; ;. r , ` ITARY 7 0 0 9 DEC 2C F:T1LES\COenis\13059 Murray\13059.1.pratransmit Revised: 12/23/09 11:07AM Jennifer L. Spears, Esquire I.D. 87445 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 KEITH S. MURRAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4036 CIVIL ACTION - LAW SUSANNA M. MURRAY, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Via Attorney's Acceptance of Service on July 25, 2008. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; December 24, 2009; by the Defendant; December 21, 2009. 4. Related claims pending: All claims have been resolved by a Marital Settlement Agreement dated December 24, 2009. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Concurrently with this Praecipc.. , r Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Concurrently with this Praecipe. Date: December 28, 2009 MARTS ON LAW OFFICES By Jenniff r ? . Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 77 2009 DEC 28 Pik 2: 4 0 KEITH S. MURRAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SUSANNA M. MURRAY NO. 08-4036 By the Court, DIVORCE DECREE AND NOW, be-c-, 30 , Zoo , it is ordered and decreed that KEITH S. MURRAY , plaintiff, and SUSANNA M. MURRAY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall "hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement dated December 24, 2009, is incorporated into this Order. J C? ?96z/ A e t: J. Prothonotarv v ??s ?' FANLESWIients\13059 Murray\13059.1.petA1iDR0 Revised: 4/19/11 10:34A M Jennifer L. Spears, Esquire I.D. 87445 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 (' is La- - r ICE r. rF T14E PRO T tl;)kd T> 2"! ! PR 19 PM 1: ?- 91 'VMBERLAND CO1. N T v PENNSYLVANI A KEITH S. MURRAY, Plaintiff V. SUSANNA M. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4036 CIVIL ACTION - LAW : IN DIVORCE PETITION FOR COLLECTION OF ALIMONY THROUGH DOMESTIC RELATIONS SECTION AND NOW, comes Plaintiff Keith S. Murray who petitions as follows: 1. Plaintiff and Defendant entered into a Marital Settlement Agreement ("Agreement") executed on December 24, 2009 and were divorced by Decree entered December 30, 2009 by the Honorable J. Wesley Oler, Jr. A copy of the Agreement and Decree are attached as Exhibit A. 2. Paragraph 18 of the Agreement provides that Plaintiff will pay alimony to Defendant for a period of nine years from the date of Decree, at an amount of $350.00 per month. 3. Plaintiff requests to have the alimony collected through the Domestic Relations Section pursuant to wage attachment, retroactive to the date of the Decree. 4. Defendant concurs with this request. Defendant has appeared through the Domestic Relations Section pro se, however a courtesy copy of this Petition will be sent to her prior counsel in the Divorce matter, Laura Reyes-Maloney, Esquire. 5. The Decree was signed by Judge Oler. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order to collect Plaintiff s alimony obligation to Defendant through the Domestic Relations Section, retroactive to the date of Decree in Divorce. MARTSON W OFFICES By f Jennife L. pears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: April 19, 2011 Attorneys for Plaintiff r IN THE COURT OF COMMON PLEAS OF KEITH S. MURRAY CUMBERLAND COUNTY, PENNSYLVANIA V. SUSANNA M. MURRAY NO. 08-4036 DIVORCE DECREE AND NOW, nec. 30 , 2009 , it is ordered and decreed that KEITH S. MURRAY , plaintiff, and SUSANNA M. MURRAY defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement dated December 24, 2009, is incorporated into This Order. By the Court, J. Wesley Oler, Jr. Attest: J. Curtis R. Lon thonotary Proth otary CERTIFIED COPY ISSUED JANUARY 4, 2010 EXHIBIT "A" F:71LFS\CtlaM13059 Momy113059.1.wa wpd Crated: 7/30/04 9:12AM Revised: 12/16/09 1:09PM Jennifer L. Spears, Esquire I.D. 87445 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 KEITH S. MURRAY, : IN THE COURT OF COMMON PLEAS OF SANNA M. MURRAY, Defendant Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO.08-4036 CIVIL ACTION - LAW : IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this day of 2009, by and between Keith S. Murray, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Husband") and Susanna M. Murray, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on June 15, 1991, in Newville, Pennsylvania; WHEREAS, two children have been born of the marriage of the parties: Benjamin and Samuel Murray; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania on July 8, 2008, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is fiuther specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 2 Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not Ue affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. r 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for 3 all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except ail rights and agreements and obligations of whatsoever nature arising or which may arise under thig' Agreement or for the breach of any provision thereof. It is fiarther agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Jennifer L. Spears, Esquire, counsel for Husband and Laura C. Reyes Maloney, Esquire, counsel for Wife. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the 4 other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each ofthe parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession 5 or under the control of the other. The parties agree, however, to divide all photographs evenly, and each party shall be entitled to access to negatives. If applicable, the parties will make duplicates of all camcorder tapes which currently exist so that each party has a full set. Any cost involved in the duplication of the videos will she shared equally. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: The parties have listed the marital residence at 112 A Street, Carlisle, Cumberland County, Pennsylvania 17015 for sale. The parties agree that Wife will retain and any and all proceeds from the sale of the property. For that reason, Wife may settle for any price on the property that she wishes, provided that Husband is not responsible for any fees, expenses or loss. Wife shall remain solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said property until it is sold. 13. BANKACCOUNTS, CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to'their respective vehicles. 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him 6 or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and W(fe agree to file separate tax returns for the tax year 2009. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties agree that Husband may claim Benjamin Murray on his tax returns as a dependency exemption and Wife may claim Samuel on her tax returns. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the`Deficit Reduction Act of 1984 (hereinafter the "Act'), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the cary-over basis provisions of said Act. 18. SPOUSAL SUPPORT AND ALIMONY: The parties agree that spousal support will terminate upon the entry of a Decree in Divorce. Husband will begin to pay to Wife alimony in the amount of $350 per month for 9 years upon the entry of a Decree in Divorce. Husband will continue to pay Wife the $165 mortgage adjustment/contribution as per their current support order until the house is sold and the mortgage is satisfied. Alimony shall terminate sooner upon the death of either party, or Wife's remarriage or cohabitation with a person of the opposite sex who is not a member of Wife's family within the degrees of consanguinity. 7 19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Husband will retain his Federal Employees Retirement System (FERS) benefits and his Thrift Savings Plan (TSP), to which Wife waives any and all interest. The marital portion of Husband's Army Reserve Pension (military pension) shall be divided with Wife receiving 50% of the marital portion earned from the date of marriage until the parties' separation on May 6, 2008. A court order to divide the pension shall be prepared by Husband's counsel, and upon approval by Wife and Wife's counsel, submitted to DFAS. If Wife is eligible for and selects' a survivor'§ benefit, she shall be fully responsible for the cost of same. 20. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 21. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. 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. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, 8 including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 9 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either part y'to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the patties hereto have set their hands and seals the date and year first above written. WI N SS TNESS SEAL) AL)) 'A.ArIn44r) *Ma Susanna M. M' urr a 10 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF On this, J4 day of? , 2909 before me a Notary Public, personally appeared Keith S. Murray, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary blic t? via cow a a s? PUW Stow cower caos 8"' Cw t 5,1203 P? salon d µokerbs COMMONWEALTH OF PENNSYLVANIA COUNTY OF v h' On this, thgR f day of nQ9mn,b4- , 2009 before me, a Notary Public, personally appeared Susanna M. Murray, known tome to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. No Public NOTA K SIM UWA C UM MgOMy Flow pwft LymcmMmmsoon M Ma M. OAYMNN COWNY lNpNw Moy !1. Sol i 11 VERIFICATION The foregoing Petition for Collection of Alimony Through Domestic Relations Section is based upon information which has been gathered by my counsel. The language of the document is that of counsel and not my own. I have read the Petition and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Keith S. M'ray f CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Collection of Alimony was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Susanna M. Murray 119 Farm Road Newville, PA 17241 Laura Reyes Maloney, Esquire 1119 North Front Street Harrisburg, PA 17102 Ms. Jennifer L. Gibboney Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By Tri is D. nroad Ten East Hig Street Carlisle, PA 17013 (717) 243-3341 Dated: April 19, 2011 I , ' • KEITH S. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SUSANNA M. MURRAY, Defendant NO. 08-4036 CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, this '' l5 day of April, 2011, upon consideration of the Plaintiff's Petition for Collection of Alimony Through Domestic Relations Section, and upon Defendant's agreement with the requested relief, it is hereby ORDERED that the alimony shall be collected from Plaintiff and paid to Defendant through the Domestic Relations Section, retroactive to the date of the Decree in Divorce. BY THE COURT, esley Ol Jr., J. v cc: J fifer L. Spears, Esquire, Attorney for Plaintiff Susanna M. Murray, Pro Se Defendant aura Reyes Maloney, Esquire ,,-1-ennifer L. Gibboney, Domestic Relations Officer t,e-s' ni.-LIct, --, { . rn " C-) - t - - G ---t ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT o z- 4 G sb C I U i State Commonwealth of Pennsylvania Lo ?N Co./City/Dist. of CUMBERLAND 40(o Date of Order/Notice 04/26/11 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number Sent Electronically DO NOT MAIL L) L,31 Q Original Order/Notice UCH @ Amended Order/Notice 0 Terminate Order/Notice 0 One-Time Lump Sum/Notice RE: MURRAY. KEITH S. Employee/Obligor's Name (Last, First, MI) 169-62-4829 Employee/Obligors Social Secunty-W-m-Fe-r 4222101986 Employee/Obligor's Case Identifier (See Addendum for piaintitf names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION. This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 469.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Q yes Q no $ 0.00 per month in current medical support , $ 0.00 per month in past-due medical support U3 -$ $ 350.00 per month in current spousal support MCO M -0 $ 0.00 per month in past-due spousal support =;0 70 -VM $ 0.00 per month for genetic test costs <> r ^a $ 0.00 per month in other (specify) r -: °C:) $ one-time lump sum payment > M -n for a total of $ 819.00 per month to be forwarded to payee below. ?C= - You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle`&es not ri?etch the ord ered support payment cycle, use the following to determine how much to withhold: $ 188.48 per weekly pay period. $ 409.50 per semimonthly pay period (twice a month). $ 376.96 per biweekly pay period (every two weeks). $ 819.00 per monthly pay period. REMITTANCE INFORMATION. You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identirter) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: KEVIN A HESS Service Type M OMB No.: 0970-0154 Form EN-428 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hacked you are required to provide a copy of this form to your employee. If our employee , orks in a state that is di ferent from the state that issued this order, a copy must be provided to your dmployee even the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3115751420 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: MURRAY, KEITH S. EMPLOYEE'S CASE IDENTIFIER: 4222101986 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee'stobligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us OMB No.: 0970-0154 Service Type M Page 2 of 2 Form EN-428 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MURRAY, KEITH S. PACSES Case Number 030112421 Plaintiff Name SUSANNA M. MURRAY Docket Attachment Amount 08-4036 CIVIL $ 350.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum OMB No.: 0970-0154 Form EN-428 Worker ID $IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Z "_?z R !) 0 3 / Co./City/Dist. of CUMBERLAND Date of Order/Notice 04/28/11 Case Number (See Addendum for case summary) Employer/Wiithholder's Federal EIN Number Sent Electronically DO NOT MAIL 4222101986 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct thtse amoupAs - ` -?our t7ssdiiZi by- from the above-named employee's/obligor's income until further notice even if the Order/Notice is no State. OU -? 469.00 per month in current child support M rt' HEM - M IF X $ 0.00 per month in past-due child support a) Arrears 12 weeks or greater? `5.-yes a?j rim , $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support 3 $ 0.00 per month in current spousal support r 7l $ 0.00 per month in past-due spousal support N3 $ 0.00 per month for genetic test costs CD $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ 469.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 107.93 per weekly pay period. $ 234.50 per semimonthly pay period (twice a month). $ 215.87 per biweekly pay period (every two weeks). $ 469.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufftcient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Emp/oyeel0bligor's Case Identirter) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: KEVINA HESS N- 40310 Civil Q Original Order/Notice QQ Amended Order/Notice O Terminate Order/Notice O One-Time Lump Sum/Notice RE: MURRAY KEITH S. Employee/Obligor's Name (Last, First, MI) 169-62-4829 mp oyes igo s Social Security Number OMB No.: 0970-0154 Form EN-428 Service Type M Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecke? you are required to provide a copy of this form to our employee. If our employee , orks in a state that is di erent from the state that issued this order, a copy must be provided to your mployee even the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3115751420 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: MURRAY, KEITH S. EMPLOYEE'S CASE IDENTIFIER: 4222101986 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us OMB No.: 0970-0154 Form EN-428 Service Type M Page 2 of 2 Worker ID $IATT i ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MURRAY, KEITH S. PACSES Case Number 628110031 Plaintiff Name SUSANNA M. MURRAY Docket Attachment Amount 00406 S 2008 $ 469.00 Child(ren)'s Name(s): DOB BENJAMIN P. MURRAY 06/28/93, SAMUEL EL R. MURRAY 10I11 /W PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum OMB No.: 0970-0154 Form EN-428 Worker ID $IATT 1 r KEITH S. MURRAY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-4036 CIVIL TERM m , SUSANNA M. ,MURRAY, IN DIVORCE C= r];:= Defendant/Petitioner PACSES Case No: 030112421 Z,;r- ° C:D ORDER OF COURT AND NOW to wit, this 4th day of August 2011, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss their interest in the above captioned Alimony matter as the petitioner has requested that the Alimony be terminated effective June 15, 2011 . The Alimony account is closed with a credit of -$3,413.49. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: J. es ey Oler, Jr., DRO: R.J. Shadday xc: Petitioner Respondent Jennifer L. Spears, Esq. Laura Reyes Maloney, Esq. Service Type: M Form OE-001 Worker: 21005 v l ?- .. , or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and'Wtfe agree to file separate tax returns for the tax year 2009. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties agree that Husband may claim Benjamin Murray on his tax returns as a dependency exemption and Wife may claim Samuel on her tax returns. 17. APPLICABILITY OF TAX LAW TO PROPERTY E sNSFERS: The parties hereby agree and express their intent that any1ransfer of property pursuant to this Agreement shall be within the scope and applicability of the`Deficft Reduction Act of 1984 (hereinafter the "Act's, specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. SPOUSAL SUPPORT AND ALIMONY: The parties agree that spousal support will terminate upon the entry of a Decree in Divorce. Husband will begin to pay to Wife alimony in the amount of $350 per month for 9 years upon the entry of a Decree in Divorce. Husband will continue to pay Wife the $165 mortgage adjustment/contribution as per their current support order until the house is sold and the mortgage is sati sfied. Alimony shall terminate sooner upon the death of either party, or Wife's remarriage or cohabitation with a person of the opposite sex who is not a member of Wife's family within the degrees of consanguinity. 7 t t t 0?j'! iff"cl� 7 0 9!1. i ROTNt�PrO l �'e 77 jj i 2013 KAR 19 PM 1: 5 9 CUMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEITH S. MURRAY, § Plaintiff § V. § NO. 084036 SUSANNA M. MURRAY, § CIVIL ACTION-LAW Defendant § IN DIVORCE PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW, comes Laura C. Reyes Maloney, Esquire, and, pursuant to Pa.R.C.P. 1012(c) and(d)(1), respectfully presents the following: 1. Petitioner is Laura C. Reyes Maloney, Esquire, of Laguna Reyes Maloney, LLP, with a principal place of business at 1119 North Front St., Harrisburg PA 17102. 2. Respondent is Susanna M. Murray, Defendant in the above-captioned civil case, who currently resides at 119 Farm Rd., Newville, PA 17241 3. Petitioner was retained by Respondent to defend her in a divorce matter. 4. Petitioner undertook said representation and a Divorce Decree was granted on December 30, 2009. 5. Pursuant to Paragraph 19 of the Marital Settlement Agreement dated December 24, 2009, which was incorporated into the Divorce Decree, Husband's counsel was to prepare a court order to divide Husband's pension and submit the proposed order to DFAS. 6. As of March 18, 2013, neither Petitioner nor Respondent have received any proposed pension order from Husband's counsel. 7. In April 2010,Respondent directed Petitioner not to do any additional work on her behalf. 8. On August 24,2010,Petitioner wrote to Respondent and asked her to contact Petitioner, but Respondent failed to do so. 9. On December 7,2010,Petitioner sent a second written request to Respondent to contact Petitioner and indicated that if Petitioner did not hear from Respondent within 30 days,Petitioner would have no choice but to withdraw her representation through the court. 10. On April 4,2011,Petitioner once again wrote to Respondent,but Respondent failed to contact Petitioner. 11. On March 18, 2013, Petitioner telephoned Respondent and, among other things, Respondent indicated the following: a. She is presently unable to make any payments toward her past-due account with Petitioner. b. She will pick up her entire file at Petitioner's office on March 22, 2013. c. She intends to seek the representation of an attorney who practices law in Carlisle, Pennsylvania. 12. Petitioner is unable to continue to represent Respondent in the above- captioned matter for the following reasons: a. Petitioner has effectively been discharged by Respondent. b. Respondent has had ample time to obtain other legal counsel. c. Petitioner avers that Respondent can obtain new counsel to represent her in any future matters related to the above-captioned matter without material adverse effect on Respondent's interests. d. Petitioner may withdraw from representing Respondent pursuant to Rule 1.16(a)(3) and 1.16(b)(1) and (7) of the 'Rules of Professional Conduct. e. Respondent has generally failed to cooperate with the undersigned and there is a serious failure of communication between Petitioner and Respondent. f. Petitioner is unable to effectively represent Respondent. g. Representation has been rendered unreasonably difficult by the Respondent and, therefore, withdrawal is allowed under Rule 1.16(b)(5) of the Rules of Professional Conduct. WHEREFORE, Petitioner respectfully requests leave to withdraw her appearance as attorney for Respondent. Respectfully submitted, --7 4 7,-`���� La C. Reyes ey, Esquire Supreme Court I.D. o.: 78075 LAGUNA REYES MALONEY, LLP 1119 North Front Street Harrisburg, PA 17102 (717) 233-5292 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEITH S. MURRAY, § Plaintiff § V. § NO. 084036 SUSANNA M. MURRAY, § CIVIL ACTION-LAW Defendant § IN DIVORCE CERTIFICATE OF SERVICE I, hereby certify that I served a true and correct copy of the Petition for Leave to Withdraw as Counsel filed in the above-referenced matter upon Respondent and Plaintiff s counsel via first-class U.S. mail, addressed as follows: Ms. Susanna M. Murray 119 Farm Rd. Newville, PA 17241 Jennifer L. Spears, Esquire 10 E. High St. Carlisle, PA 17013 March 18, 2013 La C. Reyes M o y, Esquire KEITH S. MURRAY, Igsf Plaintiff V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2008-04036 CIVIL TERM SUSANNA M. MURRAY, Defendant IN DIVORCE IN RE: PETITION FOR LEAVE TO WITHDRAW AS COUNSEL ORDER OF COURT AND NOW, this 26th day of March 2013, upon consideration of the Petition for Leave to Withdraw as Counsel, a Rule is issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. PETITIONER shall effectuate service of this Rule upon all interested parties. Proof of service must be filed prior to the court entertaining a motion to make rule absolute. RULE RETURNABLE within 20 days from the date of service by Petitioner. BY THE COURT, Thomas A. Placey C.P.J. Distribution: Susanna M. Murray :7 Jennifer L. Spears, Esq. ; Laura C. Reyes Maloney, Esq. r' COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA mctl 3:0. =M -V Z:-,c ::a r- KEITH S. MURRAY, § cn Plaintiff co § § > V. § NO. 084036 § SUSANNA M. MURRAY, § CIVIL ACTION -LAW Defendant § IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE WITHOUT LEAVE OF COURT (RULE 10jZ(b)(2)(ii) TO THE PROTHONOTARY: Please withdraw the appearance of Laura C. Reyes Maloney, Esquire, as counsel for Susanna M. Murray, the Defendant in the above-captioned case. As noted below, Taylor P. Andrews, Esquire has entered his appearance for the aforementioned party. I hereby certify that this change is not intended to, nor will it delay this proceeding to the best of my knowledge, information, and belief. 'i — 3 - 13 Date La C. �Reyes a ey, Esquire 1119 N. Front St. Harrisburg, PA 17102 Phone: (717) 233-5292 Fax: (717) 233-5394 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Taylor P. Andrews, Esquire as counsel for Susanna M. Murray, the Defendant in the above-captioned case. Date Ta 0 P. drews, Esquire Pomfret 78 Pomfret St. Carlisle, PA 17013 Phone: (717) 243-0123 Fax: (717) 243-0061