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HomeMy WebLinkAbout00-05002 Y 1 IN THE COURT OF COMMON PLEAS CRYSTAL J. MURRAY, N o...2.0-0-0..-.5.0.0 2 .................. k9 DECREE IN D I V O R C E `, OO)AM, AND NOW, ...... 4^" .. ........., 19.2D.41, it is ordered and decreed that .. CRYSTAL J. MURRAY ....................... plaintiff, and . ,CHRISTIAN H. MURRAY .................... . . . ......... . defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; The terms of the parties, Marital Settlement Agreement dated ........................................................................... March 19, 2001, and attached hereto are incorporated herein ........................................... ` but not merged herewith. F By T rt ----------------- ---------------- --..------- ------------------------- r Attest: n J. ------------- ------- Prothonotary --- §-97- t MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN CHRISTIAN H. MURRAY AND CRYSTAL J. MURRAY Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Christian H. Murray Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 Counsel for Crystal J. Murray II MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this f V day of 2001, by and between CHRISTIAN H. MURRAY, of Cumberland County, Pennsylvania, and CRYSTAL J. MURRAY, of York County, Pennsylvania; WITNESSETH: WHEREAS, Christian H. Murray (hereinafter referred to as "Husband"), social security number 211-64-0091, was born on June 26, 1972, and currently resides at 2244 Orchard Road, Camp Hill, Cumberland County, Pennsylvania, 17011; WHEREAS, Crystal J. Murray (hereinafter referred to as "Wife"), social security number 209-58-0944, was bom on June 7, 1973, and currently resides at 138 South Poplar Court, Manchester, York County, Pennsylvania, 17345; WHEREAS, the parties hereto are husband and wife, having been lawfully married on December 3, 1994 in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about July 17, 2000; WHEREAS, one child was born of the marriage between the parties, namely Alex C. Murray, born August 7,1997; WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency 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. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Donald T. Kissinger, Esquire for Husband and Maria P. Cognetti, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code whereby the court has the right and duty to detcrrnine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written f, interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is notidentified in this Agreement. The parties hereby-,acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for no-fault divorce only. The parties acknowledge that Wife initiated a divorce action under the no-fault provisions of the Divorce Code by filing a complaint docketed at number 2000-5-5002 Civil Term in the Cumberland County Court of Common Pleas. The parties acknowledge that the ninety (90) day waiting period provided for under §3301(c) of the Divorce Code has expired. Therefore, on or after May 1, 2001, each party will sign an Affidavit of Consent to divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said affidavits and waivers to the court, along with a Praecipe to Transmit Record, Vital Statistics Form and any and all other documents necessary to precipitate the prompt entry of a divorce decree. 5. EQUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they maintained a leasehold estate throughout marriage, and, thus, own no legal or beneficial interest in real property. Hereafter, any reference to the "Marital Residence" is intended to specifically refer to the parties' leasehold estate. 4 II The parties agree that Husband shall be entitled to continue to reside in the Marital Residence, and Wife hereby releases any claim she may have with respect to the Marital Residence. It is understood by the parties, and Husband agrees, that, commencing on the date of this Agreement, Husband shall be solely responsible on the current lease to the property, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney's fees, which may be incurred in connection with the leasehold estate. (b) Furnishings and Personalty. (1) The parties agree that they have divided, by agreement between themselves, all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. (2) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any right, title, claim or interest of Wife, all of the personalty and furnishings remaining in the Marital Residence. (3) Except as otherwise set forth herein, Wife shall retain, as her sole and separate property, free of any right, title, claim or interest of Husband, all of the personalty and furnishings currently in her possession. (c) Motor Vehicles. (1) Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 1997 Toyota Camry LE automobile currently titled in the joint names of the parties, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall 1, indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (2) Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 1986 BMW automobile, currently titled in Husband's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. (3) The parties agree that they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. (d) Second Nature Nutrition. The parties acknowledge that Husband and his brother, Clayton Murray, operate a partnership called Second Nature Nutrition, a nutrition supplements supply business operated out of the Marital Residence. The parties further acknowledge that this partnership was formed February 1, 1999 and, since that time, has operated at a loss. Wife hereby specifically releases and waives any and all right, title, claim or interest that she may have in and to Husband's interest in the Second Nature Nutrition partnership. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense attributable to the partnership. 6 (e) Life Insurance. The parties acknowledge and agree that each shall retain as his/her sole and separate property, any and all life insurance policies in his/her name, free of any right, title and interest of the other party. (f) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (g) Miscellaneous Property. As of the execution date of+.his Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (h) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (i) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 0) Member's First Consolidation Loan. The parties acknowledge that, during marriage, several marital debts were consolidated into a consolidation loan through Member's First Bank. The Member's First consolidation loan, account number 183542, is currently in Husband's sole name, and Husband hereby agrees to be solely responsible for repayment of the loan and shall indemnify and hold Wife and her property harmless from any liability associated therewith. The current balance on the loan is $9,422.95. (k) Harris Savings Consolidation Loan. The parties acknowledge that, during marriage, several marital debts were consolidated into a consolidation loan through Harris Savings Bank. Husband and Wife are currently jointly liable on the Harris Savings consolidation loan, account number 000003251000081, which has a current balance of $8,038.00. Wife hereby agrees to be solely responsible for repayment of the loan and shall indemnify and hold Husband and his property harmless from any liability associated therewith. (1) Assumption of Encumbrances. (1) Husband shall be solely responsible for any and all liabilities he has incurred in his name alone since the date of marriage, specifically to include any obligations to issuers of credit cards in his name. (2) Wife shall be solely responsible for any and all liabilities she has incurred in her name alone since the date of marriage, specifically to include any obligations to issuers of credit cards in her name. Wife shall forthwith close all credit card accounts providing for joint liability. If Wife has incurred any liabilities since July 17, 2000 on any credit card account or any other account on which Husband is jointly liable, Wife shall be solely responsible for payment of any such liabilities she has incurred and she shall indemnify and hold Husband and his property harmless from any liability, cost or expense associated therewith. Except as otherwise provided in this Agreement, Husband and Wife further agree that for any liability incurred on a joint credit card prior to July 17, 2000, the parties shall share equally in the payment. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (4) Until such time as both the Member's First Consolidation Loan and the Harris Savings Consolidation Loan, identified in subparagraphs 50) and 5(k) supra, are repaid, in full, Husband and Wife agree to pay each other as and for alimony the sum of One Dollar ($1) per year. In the event that either party files for bankruptcy prior to the satisfaction of said Member's First and Harris Savings Consolidation Loans and achieves discharge of the obligation allocated to him/her pursuant hereto, the party who is granted such discharge shall pay the other parry alimony in the amount of Fifty Dollars ($50) per week for a period of four (4) years. The party's obligation to pay alimony in accordance with subparagraph 5(1)(4) of this Agreement is not now, and is not intended to be a debt which is affected by a discharge in bankruptcy. (m) 2000 Tax Returns. The parties agree that they will sign and file joint, federal, state and local income tax returns for tax year 2000. The costs associated with the preparation of the return shall be shared equally between the parties. Any tax refund which is received shall be divided equally between the parties. (n) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other parry and his or her property harmless from any and all such debts, obligations and liabilities. (o) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against 10 any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (p) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (q) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. WAIVER OF ALIMONY ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Except as otherwise set forth elsewhere in this Agreement, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek 11 modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Notwithstanding the foregoing, the parties acknowledge that Wife filed a claim for spousal support filed through the Court of Common Pleas of Cumberland County, Pennsylvania at docket no. 00704-S-2000. The parties have agreed to a level of spousal support in the amount of Three Hundred Dollars ($300) per month and have had their agreement entered as an order of court. The parties agree that Wife shall continue to receive spousal support in the amount of Three Hundred Dollars ($300) per month until May 1, 2001, at which time Wife's entitlement to spousal support shall terminate. Wife agrees to withdraw her claim for spousal support effective May 1, 2001. 7. CHILD SUPPORT. The parties acknowledge that Wife filed a complaint for child support in the Domestic Relations Section of the Court of Common Pleas of Cumberland, Pennsylvania, at Docket # 00704-S-2000 and PACSES Case Number 009102534 and that the parties have agreed to the entry of a child support order in the monthly amount of Six Hundred Fifty Dollars ($650). On May 1, 2001, when Wife's entitlement to spousal support shall terminate and the spousal portion of the current agreed upon allocated order shall be deleted, the parties agree to modify Husband's monthly child support obligation to an amount in accordance with the state child support guidelines based upon the net monthly income of the parties, which will be accomplished by Husband filing a Petition for Modification. Said modification will take into account Wife's increased earnings or earning capacity that will result upon her completing her schooling as a Dental Hygienist. The amount of appropriate child 12 support will be determined by the Domestic Relations Office and be effectuated through a modified child support order. 8. MEDICAL INSURANCE COVERAGE FOR WIFE. The parties acknowledge that Husband is currently providing medical insurance for Wife through his place of employment. Husband agrees to continue to provide said coverage until such time as a Divorce Decree is entered at which time his obligation to provide said coverage shall terminate. 9. COUNSEL FEES. COSTS AND EXPENSES. Each parry shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, 13 r, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 12. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights 14 " A and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes 15 :.? of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 16. BREACH. If either party hereto breaches any provision hereof 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. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 17. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 18. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt 16 requested. Notice to Husband will be sufficient if made or addressed to the following: Christian H. Murray 2244 Orchard Road Camp Hill, Pennsylvania, 17011 and to Wife, if made or addressed to the following: Crystal J. Murray 138 South Poplar Court Manchester, Pennsylvania, 17345 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 21. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the 17 1 ? ? 1 I parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 25. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or Tier own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to-the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that 18 party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. `WITNE S - kAng-g 31) Lino, ? WITNESS CHRISTIAN H. MURRA C S J. MURRAY 19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF u tI j : r BEFORE ME, the undersigned authority, on this day personally appeared CHRISTIAN H. MURRAY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of .(Vl G ('G 2001. l KJL4A Notary Public in/and for Commonwealth of Pennsylvania Typed or printed name of Notary: NOTARIAL SEAL PURIM HARRISBURG, DAUPHIN COUNTY ISSION EXPIRES FEB,_16. 2004 M W1ssWnvxpires: 20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUm&,rlanrl BEFORE ME, the undersigned authority, on this day personally appeared CRYSTAL J. MURRAY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ma(A 2001. 4? ? JL4, NN(?ky Public in an for U?' Commonwealth of Pennsylvania Typed or printed name of Notary: KAROP-Skeir-F My commission expires: V9M A. My Cain 1121 Maro1i 9, 201 Member, PemWM18Assoda#w or NMrm 21 1 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff CRYSTAL J. MURRAY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTIAN H. MURRAY, Defendant NO. 2000-5002 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 22' day of July, 2000. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Crystal J. Murray, Plaintiff, on May 22, 2001; by Christian H. Murray, Defendant, on May 3, 2001. 4. Related claims pending: Settled by Agreement dated March 19, 2001. 5. (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Waiver is being filed simultaneously herewith. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Waiver is being filed simultaneously herewith. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: May 22, 2001 By: MARIA P./COGl E 'TI, ESQUIRE Attorney I.D. No. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff m m: ?? In the Court of Common Pleas of Cumberland County, Pennsylvania CRYSTAL J. MURRAY, ) Plaintiff, ) VS. ) No. 2000 -? ?-t-.vCIC CHRISTIAN H. MURRAY, ) CIVIL TERM 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse Carlisle, Pennsylvania 17013 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 In the Court of Common Pleas of Cumberland County, Pennsylvania CRYSTAL J. MURRAY, ) Plaintiff, ) VS. ) No. 2000 - 5?`2? CHRISTIAN H. MURRAY, ) CIVIL TERM Defendant. ) IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-95092 In the Court of Common Pleas of Cumberland County, Pennsylvania CRYSTAL J. MURRAY, Plaintiff, VS. ) No. 2000 - SUv - - CHRISTIAN H. MURRAY, ) CIVIL TERM Defendant. ) IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE Plaintiff, by her attorney Michael S. Travis, respectfully represents: 1. Plaintiff is Crystal J. Murray, who resides at 2244 Orchard Road, Camp Hill, Cumberland County, Pennsylvania, 17011, since _ t4 I 9? 2. Defendant is Christian H. Murray, who resides at 2244 Orchard Road, Camp Hill Cumberland County, Pennsylvania, 17011, since q 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on December 3, 1994, at Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. The marriage is irretrievably broken. The parties have been living separate and apart. At a subsequent time, plaintiff may submit an Affidavit that the parties have lived separate and apart for at least two (2) years. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. J 9. Neither plaintiff nor defendant are in the Military Service in the United States Armed Services. Neither plaintiff nor defendant are within the provisions of the Soldiers' and Sailors' Relief Act of Congress of 1940 and its amendments. 10. Plaintiff requests the court to enter a decree of divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: 7Ll 7 /00 `a Crysta J. Murray, Plaintiff c ae S. ravis Attorney for Plaintiff I.D. # 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Fax 731-9511 CRYSTAL J. MURRAY, Plaintiff V. CHRISTIAN H. MURRAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5002 CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, CHRISTIAN H. MURRAY, do hereby accept service of a true and correct copy of the Complaint in Divorce in the above-captioned matter, pursuant to Pennsylvania Rule of Civil Procedure No. 402(b). CHRISTIAN H. MURRAY DATE: July 22, 2000 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff CRYSTAL J. MURRAY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTIAN H. MURRAY, Defendant NO. 2000-5002 CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 17, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: &AJ CRYST J. MURRAY, aintiff MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff CRYSTAL J. MURRAY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTIAN H. MURRAY, Defendant NO. 2000-5002 CIVIL CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 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 unworn falsification to authorities. DATE: S-6767 -01 1w CRYSTAJL J. MURRAY, P tiff CRYSTAL J. MURRAY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000-5002 CIVIL CHRISTIAN H. MURRAY, CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 17, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: ,r/3 /U CHRISTIAN H. MURRAY, Defendant C C CRYSTAL J. MURRAY, Plaintiff V. CHRISTIAN H. MURRAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5002 CIVIL CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 4. I consent to the entry of a final Decree of Divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: S-1,5 / ? X A?kL CHRISTIAN H. XYURRAY, C! c-. r MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff CRYSTAL J. MURRAY, Plaintiff V. CHRISTIAN H. MURRAY, Defendant CRYSTAL J. MURRAY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5002 CIVIL ACTION - LAW IN DIVORCE SOCIAL SECURITY NUMBERS SS#209-58-0944 CHRISTIAN H. MURRAY SS#211-64-0091 REAGER, ADLER & COGNETTI, PC MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff CRYSTAL J. MURRAY, Plaintiff v CHRISTIAN H. MURRAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5002 CIVIL CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES, AND EQUITABLE DISTRIBUTION AND NOW comes the Plaintiff, Crystal Murray, by her attorney, Maria P. Cognetti and petitions this Honorable Court for alimony, alimony pendente lite, counsel fees and expenses, and equitable distribution of the marital property relevant to her Complaint in Divorce, and in support thereof, respectfully represents as follows: By reason of this action, Plaintiff has incurred considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 2. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation. Plaintiffs income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation and she is unable to appropriately maintain herself during the pendency of this action. 4. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. 5. Plaintiff lacks sufficient property to provide for her reasonable needs. 6. Plaintiff is unable to support herself through appropriate employment. 7. Defendant has sufficient income and assets to provide continuing support for Plaintiff. 8. Plaintiff and Defendant possess various items of marital property which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff prays this Honorable Court enter an Order making equitable distribution of the marital property and awarding her alimony, alimony pendente lite, counsel fees, expenses and costs. Date: August 18, 2000 Respectfully Submitted: REALER, ADLER & COGNETTI, PC By: Aaez MARIA P. OGNE , ESQUIRE Attorney I.D. No. 27914 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorney for Plaintiff \Wtsbyo yIwTor -WCMSCCERT.SER CERTIFICATE OF SERVICE 8/16/00 I, Maria P. Cognetti, Esquire, Attorney for Carol J. Murray, Plaintiff herein, do hereby certify that on this date I served the foregoing Petition for Alimony, Alimony Pendente Lite, Counsel Fees and Expenses, and Equitable Distribution by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Thomas S. Diehl, Esquire MISLITSKY AND DIEHL One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 Maria P. Cognetti, s wire Sup. Ct. I.D. #279 REAGER, ADLER & COGNETTI, P.C. 2331 Market Street Camp Hill, PA 17011 (717)763-1383 Dated: S/i g l Lfo J ov N CRYSTAL J. -N+?, Plaintiff V. CHRISTIAN H. MURRAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5002 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of CRYSTAL J. MURRAY, the Plaintiff in the above-captioned matter. Date: f D TO THE PROTHONOTARY: A P. SSOCIATES By: MARIA CO TTI, ESQUIRE Attorney I.D. No. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Kindly enter my appearance on behalf of CRYSTAL J. MURRAY, Pro Se Plaintiff in the above-captioned matter. Date: 4-2,2'e q Ao? A "l CRYST J.? tIA+" 285 Wimbleton Way Red Lion, PA 17356 Telephone No. (717) 246-3010 MU" -' cn` 5, E -am v RZ,