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HomeMy WebLinkAbout00-01116 NMANGELA MORGAN, Plaintiff v : CIVIL ACTION - LAW SCOTT MURPHY Defendant IN THE COURT OF C CUMBERLAND COU NO. 2000-1116 IN CUSTODY PRIOR JUDGE: The Honorable Kevin A Hess COURT ORDER AND NOW, this _ "_ day of November, 2010, upon Custody Conciliation report, it its ordered and directed as follows: MON PLEAS OF Y, PENNSYLVANIA M G - ion of the attache d 1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Courthouse on the 9`h day of December, 2010 at 1:30 p.m. At this hearing, he mother shall be the moving party and shall proceed initially with testimony. However, in light of the fact that the children have an appointed guardian ad litem in Attorney Scherer, this court may elect to take testimony from the two children first. Counsel for the parties and the guardian ad litem are directed to file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify' on behalf of each party and 'a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten day prior to the mentioned hearing date. 2. Pending further Order of this Court, this court's prior order as inc rporated in the May 5, 2010, order, shall remain in place. 3. It is noted that the hearing scheduled above is during civil trial w ek and may need to be cancelled in the event trials run later in the week. 4. Neither parent shall communicate with the children with respec to the specific position of each child on a custody order. The parents shall direct t e children to Attorney Scherer and Attorney Scherer shall meet with the children in advance of the hearing to discuss their desires and he shall be the advocate on behalf of the BY THE COURT, Judge Kevin 'Hess cc: r intina Laudermilch, :Esquire J. Lindsay, Esquire /Michael A. Scherer, Esquire 4 ? YYLa. t ?:.G? lt?s?i v at the hearing. I ANGELA MORGAN, Plaintiff v SCOTT MURPHY Defendant INOV 0 4 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-1116 IN CUSTODY PRIOR JUDGE: The Honorable Kevin A Hess .Y REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children wh are the subject of this litigation is as follows: Logan Thomas Murphy, born October 21, 193, and Connor Jacob Murphy, born May 18, 1995. 2. A Conciliation Conference was held on October 29, 2 10, with the following individuals in attendance: The mother, Angela Morgan, with her counsel, Q intina M. Laudermilch, Esquire, and the father, Scott Murphy, with his counsel, Carol J. Lindsay, . Esquire, and Michael A. Scherer, Esquire, who was appointed as guardian ad litem for the minor children. 3. This case, as is evident by the caption, has been going on have been before the court a number of times. At this pc older and are expressing some desire with respect to why situation has recently changed because mother, who pre, acquired a home via a lease in the South Middleton Sc] much closer to the father's home and in the School Dis been attending and are quite actively involved. 4. Mother is seeking primary physical custody. The recent has had primary custody during the school year. ten years. The parties the two boys are a bit they want to live. The lived in Lititz, has District that puts her where the boys have is that the father 5. A hearing is required and the Conciliator recommends an Order in the form as attached. i Date: November , 2010 Hubert X. Gilroy, Esquire Custody Conciliator ANGELA MURPHY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-1116 CIVIL SCOTT MURPHY, Defendant ORDER AND NOW, this 13" day of December, 2010, following hearing and conference with counsel, the exhibits offered by the defendant are deemed admitted and an objection noted to Exhibit No. 9, inasmuch as counsel for the plaintiff had not had an opportunity to review the exhibit in detail. BY THE COURT, Kevin Qf? Hess, J. VQuintina M. Laudermilch, Esquire For the Plaintiff ? Carol Lindsay, Esquire For the Defendant c t=? Michael Scherer, Esquire m co = -r? Guardian Ad Litem =:m Fry c5 Mt" -0 ?n V- m cac? Arn <? --T -n e4 1 (ik n4a. ? el C'e t C) ss• o 41 -- p °? ANGELA MURPHY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00-1116 CIVIL Z SCOTT MURPHY, : a = Defendant -r r CD ca IN RE: EXHIBIT NO.9 zf ORDER ;- .. AND NOW, this -34 day of January, 2011, the objection to Exhibit No. 9.is OVERRULED and said exhibit is admitted subject to the objection that said emails are not complete which shall go to the weight of the exhibit rather than its admissibility. Quintina M. Laudermilch, Esquire For the Plaintiff 'Carol Lindsay, Esquire For the Defendant Michael Scherer, Esquire Guardian Ad Litem al?? 0P' 114111 DKS Am BY THE COURT, 1 ANGELA MURPHY, Plaintiff VS. SCOTT MURPHY, Defendant IN THE COURT OF COMMON PLEAS O a CUMBERLAND COUNTY PENNSYLVA , CIVIL ACTION - LAW c- NO. 2000-1116 ' ORDER AND NOW, this /O` day of January, 2011, after hearing and careful consideration of the testimony adduced, it is ordered and directed as follows: 1. The parties shall share legal custody of their children, Logan Thomas Murphy born October 21, 1993, and Connor Jacob Murphy born May 18, 1995. Physical custody shall be shared as follows: a. It appearing that the mother now maintains a residence in South Middleton Township, the parties shall share physical custody of their children on alternating weeks with the exchange taking place on Mondays at 5:30 p.m.. The schedule shall become effective on the Monday following the father's alternating weekend of custody under the current schedule. b. The parties will alternate the Thanksgiving vacation break commencing on the day school is out until the morning when school resumes at which time the custodial parent shall return the children to school. In 2011, Thanksgiving will be with the mother. c. The children will be in the custody of father on Father's Day and with mother on Mother's Day from 5:00 p.m. on the day preceding and until 8:00 p.m. on the day itself. d. The parties will alternate the Fourth of July, with mother enjoying custody of the children from 8:00 a.m. until 8:00 p.m.in even-numbered years and father enjoying custody of the children at the same time in odd-numbered years. e. The parties will alternate blocks of time during the Christmas vacation each year. Block "A" shall be that period of time between the end of school until the middle of the Christmas break or December 27, whichever is later. Block "B" shall commence on December 27 or the midpoint of the Christmas break, whichever is later, and end by the parent delivering the children to the school or to their bus stop on the first morning of school following the Christmas holiday. Blocks "A" and "B" will alternate with mother having Block "A" in even-numbered years and Block "B" in odd-numbered years and father having Block "A" in odd-numbered years and Block "B" in even-numbered years. The exchange time will be 5:30 p.m. f. With fourteen (14) days advance notice and provided there are no previously scheduled family events or vacations, either party may take the children for three nonconsecutive days overnight per year provided, however, that he or she shall provide to the other parent a "make-up" day for the overnight taken. Additionally, the parties will exchange time to permit the children to attend extended family events such as weddings, reunions, funerals and the like. f 2. Transportation shall be shared with the receiving parry picking up. All exchanges shall take place in South Middleton Township. 3. It is intended that both parties be supportive of the activities of the children and transport them to and from such activities in time that the children are able to fully participate in those events. Both parents shall cooperate in providing transportation to a child to his activity. The custodial parent shall not be required to take the children to an activity if the custodial parent and the children are participating in a scheduled vacation or other family event. BY THE COURT, Quintina Laudermilch, Esquire For the Plaintiff 'Carol J. Lindsay, Esquire For the Defendant Michael A. Scherer, Esquire Guardian Ad Litem Mailed DO :rlm ANGELA MURPHY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW -?3 SCOTT MURPHY NO. 00 - 1116 CIVIL TERM +*? -vm , : f Defendant IN CUSTODY CD :za ? PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel of record for the Defendant, Scott Murphy. SAIDIS, SULLIVAN & ROGERS rl, I Marylo-"gfas\Esquire Supreme Co- rHD No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: 1 /2.-7/( I PRAECIPE TO ENTER APPEARANCE SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Scott Murphy, in the above captioned case. Dia cliff, Esquire 34 Tri a Road Camp Hill, PA 17011 717-737-0100 Dated: I/ Z'7-//j ANGELA MURPHY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVJA .'= Vs. . NO. 00 - 1116 CIVIL rn? ? cn ?v rn? rr-j r SCOTT E. MURPHY, fi ' -+v Defendant IN DIVORCE p ORDER OF COURT ' AND NOW, this AO'"l day of 2011, a divorce decree having been entered previously on December 6, 2005, and the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated September 14, 2011, the appointment of the Master is vacated. BY THE COURT, Kevi . Hess, P.J. cc: V Quintina M. Laudermilch ?( Attorney for Plaintiff,, led Cop.es M Diane G. Radcliff C?Ioto/ if if Attorney for Defendant UU8 'Robert El iG?t ,?, - ih ?f' le IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA MURPHY, NO. 2000-1116 CIVIL TERM Now by Remarriage, ANGELA R. MORGAN, : Plaintiff CIVIL ACTION - LAW V. IN DIVORCE SCOTT E. MURPHY, Defendant MARRIAGE SETTLEMENT AGREEMENT THIS MARRIAGE SETTLEMENT AGREEMENT made this /day of September, 2011, by and between Angela R. Morgan, ("Angela "), and Scott E. Murphy, ("Scott") PREAMBLE AND RECITALS WHEREAS, the parties hereto were previously husband and wife. The parties were married on August 3, 1991 and were divorced by decree dated December 6, 2005 entered in the Cumberland County Divorce Action docketed to No. 2000-1116 Civil Term. WHEREAS, the parties are the parents of two (2) children, to wit: Logan Murphy born October 21, 1993 and Connor Murphy, born May 18, 1995, (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Scott and Angela to live separate and apart for the rest of their natural lives, 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 relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the -1- past, present and future support, alimony and/or maintenance of Angela by Scott or of Scott by Angela; 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 the premises and 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, Angela and Scott, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE, The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DEFINITIONS. (A) Divorce Code. The term "Divorce Code" or "Code" shall be defined as Pa.C.S.A Section 101 et seq., as amended, or any successor statute thereto. (B) Internal Revenue Code. The phrase "Internal Revenue Code" shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections in the Internal Revenue Code shall refer to sections in existence as of the date of this Agreement. (C) Asset. The "Word" "asset" shall be defined as anything of value including, but not limited to, real and personal property, tangible and intangible property and all financial interests however held. (D) Date of Execution. The phrase "date of execution", "execution date", or date of this Agreement" shall be defined as the date that the last person signs this Agreement. (E) Date of Distribution. Except where otherwise indicated in this Agreement, the phrase "date of distribution" shall be defined as the date of execution of this Agreement. (F) Effective Date of Agreement. This Agreement shall become effective and binding upon the parties upon the execution of this Agreement by both parties. -2- 1.03 EFFECT OF DIVORCE DECREE INCORPORATION AND MERGER. At the request of either party and approval by the Court, the terms of this Agreement may be incorporated into the Divorce Decree which was previously entered with between the parties. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time it is incorporated into the final Decree in Divorce. 1.04. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Diane G. Radcliff, Esquire for Scott and Quintina M. Laudermilch, Esquire for Angela. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.05. FINANCIAL DISCLOSURE. The parties represent and acknowledge that: (A) Angela's Disclosure. Angela made a full and fair disclosure to Scott of the marital assets and debts that would otherwise be subject to equitable distribution between the parties but for the execution of this Agreement, her income, her separate estate and her general financial condition. (B) Scott's Disclosure. Scott made a full and fair disclosure to Angela of the marital assets and debts that would otherwise be subject to equitable distribution between the parties but for the execution of this Agreement, his income, his separate estate and his general financial condition. (C) Matters Disclosed. The full and fair disclosure includes, but is not limited to, a disclosure of the following types of marital assets and debts to the extent relevant to this case: Real Property and Real Estate Mortgages; Motor Vehicles and Vehicle Liens; Stocks, Bonds, Securities and Options; Certificates of Deposit; Checking Accounts, Cash; Savings Accounts, Money Market and Savings Certificates; Contents of Safe Deposit Boxes; Trusts; Life Insurance Policies; Annuities; Gifts; Inheritances; Patents, Copyrights, Inventions, Royalties; Personal Property Outside the Home; Business; Employment Termination Benefits-Severance Pay, Worker's Compensation; Profit Sharing Plans; Pension Plans; Retirement Plans, Individual Retirement Accounts; Disability Payments; Litigation Claims (matured and - 3 - unmatured); Military/V.A. Benefits; Education Benefits; Debts Due, including loans, mortgages held; Household Furnishings and Personalty; Other Assets; Loans, Credit Cards and Other Debts. 1.06. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each of the parties acknowledges that he or she has been advised of and understand his or her procedural and substantive rights, all of which are hereby waived by each of the parties. Those rights include, but are not limited to the following: (A) Inventory. The right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (B) Valuation. The right to have all such property valued by means of appraisals or otherwise; (C) Income and Expenses. The right to obtain from the other party an Income and Expense Statement setting forth the party's income and expenses and including the party's pay stubs or income for the last six months and the party's last filed income tax return; (D) Discovery. The right to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (E) Hearings and Court Decision. The right to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 1.07. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.08. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, as a result of enforcement of the terms of this Agreement, and/or as a result of the breach of this Agreement, the parties do hereby mutually remise, release, quitclaim, and forever -4- discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, including, but not limited to the following: (A) Estate Rights. Any rights which either party may have, or at any time hereafter have, to share in the Estate of the other party as a result of their marital relationship or otherwise including, without limitation: statutory allowance; widow's allowance; intestacy rights; right to take under the will of the other party; right to take against the will of the other party; and the right to act as the executor or administrator of the other's estate. The foregoing shall not apply to any claims under the Will of a party executed after the date of this Agreement. (B) Marital Rights. Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. (C) Waiver of Beneficiary Designation. Unless otherwise specified in this Agreement each party specifically waives any and all rights as a designated beneficiary in and to any asset or life insurance policy having a beneficiary designation which belongs to the other party under the terms of this Agreement. The parties hereby state that it is their intention by this Agreement to revoke any beneficiary designations naming the other party which are in effect as of the date of this Agreement, and if there is no other alternative or secondary beneficiary named then the beneficiary shall be deemed to be the estate of the deceased party. 1.09. BREACH. If for any reason either Scott or Angela fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the non-breaching party shall have the following rights and remedies: (A) Divorce Code Remedies. The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. (B) Damages. The right to damages arising out of breach of the terms of this Agreement. (C) Distribution of Undisclosed Assets. The right to have the court distribute any asset having a value of $500.00 or more which has not been disclosed as represented in paragraph 1.05 herein. (D) Attorneys Fees and Costs. The right to reimbursement of all reasonable attorney's - 5 - fees and costs incurred as the result of the breach and in enforcing rights and obligations under this agreement. Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. (E) Other Remedies. Any other remedies provided for in law or in equity. 1.10. INCOME TAX MATTERS. With respect to income tax matters regarding the parties, the following shall apply: (A) Prior Returns. The parties have heretofore filed joint federal and state returns. 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 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 failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (B) No Tax on Property Division. Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. 1.11. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.12. MUTUAL COOPERATION. Each party shall, at anytime, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. -6- 1.13. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.14. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. SECTION II DISTRIBUTION OF PROPERTY AND DEBTS 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable, and both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04 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, 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 -7- 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. 2.05 DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed or were previously divided and distributed by agreement and to the parties' satisfaction as follows: (A) DRO. The parties previously agreed to an equal division of their retirement plans and accounts and acknowledged in their Mediation Memorandum of Understanding that in order to effectuate that division, Fifteen Thousand Seven Hundred Eighty Six and 00/100 ($15,786.00) Dollars, ("Angela's Share") is to be rolled over from Scott's ("Participant"s") Fidelity Account #28229 (now #7565) into Angela's Bernstein Investment Account. The parties further agreed that: (1) Angela's Share will be determined as of September 13, 2004 (or the closest valuation date thereafter); (2) Angela's Share will be credited with any interest and investment income (or losses) attributable thereon from September 13, 2004 (or the closest valuation date thereafter), until the date of total distribution to Angela as the Alternate Payee; (3) Angela's Share will be allocated on a pro rata basis from all of the accounts and/or investment options maintained under the Plan on behalf of Scott as the Participant in the Plan; (4) Angela's Share will initially be established in the same fund mix percentages as in Scott's/Participant's account; (5) Angela will revise the previously prepared QDRO in accordance with the foregoing and will deliver that revised QDRO to Scott's counsel; (6) Within seven (7) days of receipt by his counsel, Scott will execute that revised QDRO and return it to Angela's counsel for submission to the Court, entry of the QDRO and submission to the Plan Administrator for approval and implementation. (B) Escrow Account. The parties' have a joint escrow account with Centric Bank, with their respective attorneys as Escrow Agents, and is designated as Account #0257, which as of June 30, 2011 had a balance of $10,158.75 and 2011 interest paid of $30.17. ("Escrow Account"). The Escrow Account was established with funds -8- received by Scott from the exercise of Scott's marital Corning Corporation's stock options which were agreed to be distributed to Angela, but which funds that now remain were held in escrow pending determination and agreement as to the taxes paid by Scott arising out of and for the exercise of the options on behalf of Angela. The parties have reached a compromise agreement on the tax and other previously outstanding issues and hereby agree that the Escrow Account will be divided and distributed as follows: (1) $805.87 will be paid to Scott as reimbursement of the taxes he paid for Angela as a result of cashing in the marital Madison Life Annuity. (2) $2,210.00 will be paid to Scott as a compromise amount and in full satisfaction of the funds due him for the taxes he paid on the exercise of Corning stock options on behalf of Angela. (3) $2,204.00 will be paid to Angela as a compromise amount for her outstanding claim for counsel fees, which she is waiving pursuant to the provisions of paragraph 3.01 below. (4) The remaining balance in the Escrow Account will be paid to Angela in full satisfaction of the remaining funds due her for the options exercised on her behalf. (5) Angela will be required to report any interest earned on the Escrow Account in 2011 on her applicable 2011 income tax returns and pay any and all taxes arising out of that interest and reporting. (C) Pictures and Videos: The following will apply to the reproduction and distribution of the parties' pictures and videos: (1) Within 30 days of the date of this Agreement, each party will obtain a CD of the family photographs in his or her possession and shall deliver that CD to the other party. The parties will equally share in the costs of duplication of the pictures onto a CD. Each party shall pay his or her fifty percent (50%) share of those costs within fifteen (15) days of receipt of the bill for the duplication costs. (2) The parties will utilize Classic Video Productions, 745 Dogwood Terrace, Boiling Springs PA for purposes of copying/duplicating the children's birth videos and approximately fourteen (14) other family videos under and subject to the following: -9- (a) Within thirty (30) days of the date of this Agreement each party will deliver the family videos in his or her possession (approximately 7 each) to Classic Video Production with instructions to produce one duplicate copy of each family video for the other party. (b) Within thirty (30) days of the date of this Agreement, Angela shall deliverthe children's original birth videos to Classic Video Productions with instructions to produce two (2) duplicate copies of each birth video, one for each party. (c) Upon completion Angela will receive: (1) duplicate copies of the family videos that are currently in Scott's possession; (2) the original family videos that are currently in her possession; (3) duplicate copies of each child's birth videos; and (4) Connor's original birth video which she will retain on a temporary basis. (d) Upon completion Scott will receive: (1) duplicate copies of the family videos that are currently in Angela's possession; (2) the original family videos that are currently in his possession; (3) duplicate copies of each child's birth videos; and (4) Logan's original birth video which he will retain on a temporary basis. (e) Each child shall be given his original birth video upon the earlier occurrence of the child reaching age 25, graduating from college or further written agreement of the parties. (f) Each party will pick up his or her duplicates directly from Classic Video Productions and will pay fifty (50%) percent of the total cost of that duplication upon receipt. (D) Thomas the Tank Trains. Within fifteen (15) days of the date of this Agreement, Scott will provide Angela with fifty (50%) percent of the children's Thomas the Tank trains. As each of the children turns age eighteen (18), that child shall be given fifty (50%) percent of the total train collection, half from Scott and half from Angela. (E) College Accounts for the Children. The parties are the joint owners of two college education accounts, one for Connor and one for Logan, ("the College Accounts"). The statements for those accounts are mailed to Scott's residence. The following shall apply to the college accounts: (1) Scott shall provide Angela with copies of statements for the College Accounts on a quarterly basis and within twenty (20) days after the end of -10- each quarter. (2) The funds in the College Accounts shall be used for each Child's undergraduate college expenses and/or post secondary vocational or technical training, including and limited to the expenses incurred for tuition, room and board, books and educational fees ("the Educational Costs") and shall be disbursed for payment of the Educational Costs as each expense is incurred AND upon mutual consent of the parties, which shall not be unreasonably withheld or delayed. (3) Any funds remaining in each Child's Education Account when that Child reaches age twenty two (22) shall be distributed to that Child on his 22"d birth date. (F) Previously Distributed Assets. The parties previously agreed to a division of all of their other marital assets both by way of mediation confirmed by a Memorandum of Understanding as well as through various agreements reached by and through their respective legal counsel. The parties agree to and hereby ratify those prior agreements and the prior division and distribution made pursuant to those agreements the same as if the agreements were fully set forth in this Agreement. The prior agreed upon division and distribution includes, but is not necessarily limited to, the following: (1) Equal division of the net proceeds from the sale of the parties' jointly owned real estate located at 298 Fairview Street, Carlisle, PA; (2) Each parties' receipt and retention of the trade in value of their respective vehicles owned at or on the date of separation. (3) Equal division of the Fidelity Equity Income II Account #2AS-183440; (4) Equal division of the PBGH Growth Fund Account #11439515 remaining after the distribution to Scott of his post separation 8.376 shares; (5) Equal division of the Mutual Qualified Class Z Account #075-311175; (6) Equal division of the Madison National Life Annuity #223587 remaining after the distribution to Scott of his premarital interest of $903.34. (7) Equal division of the parties' retirement plans which is being effectuated by - 11 - the QDRO referenced in subparagraph (A) above. (8) Equal division of Scott's marital Corning Stock Options, less taxes arising out of the exercise thereof. The remainder of the funds from the prior exercise of those marital Stock Options are held in the Escrow Account and are being distributed pursuant to the provisions of subparagraph (B) above. It is acknowledged that there were adjustments made to some of the equal distributions referenced above for support due to or owed by each of the parties. Those credits are reflected in the support actions filed by each of them in Cumberland County, PA. (E) Waiver. Any interest that either party may have, or may heretofore have had in the property previously distributed or hereby distributed to the other party is hereby extinguished, except as specifically herein provided, and the parties shall hold his or her property free and clear from any right or interest which the other party now has or may heretofore have had therein or thereto. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY. APL, AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. - 12 - 4.02. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: i . SCOTT E. MURP EAL) ()LrrLC"j4-, -MC?nga-m-N (SEAL) ANGELA .MORGA Date: k1+1 - 13 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. On this the 1 day of 2011, before me the undersigned officer, personally appeared, SCOTT E. MURPHY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. NO RY PUBLIC ission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Diane G. t?adn?l . Notanv Public i Camp HIII Bam.. -'i Berland County MY Commission>ireR> 2012 s - a L Memb?f P,?nne a n n f notaries COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the day of rF' , 2011, before me the undersigned officer, personally appeared, ANGELA R. MORGAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunt set my hand and notarial seal. ? ?d1 4 NOTARY PUBLIC My Commission Expires -- 0P VNNA NOTARIAL SEAT. GLORIAK ME, Nmry Pd* eW0"gh: I?La" ?ror No1S, 2'11 -14- 4 Quintina M. Laudermitch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 635 N. 12"` Street, Suite 101 Lemoyne. PA 17043 (717) 724-9821 tlaudermilchAdztnmglaw.com Attorneys for Plaintiff, Angela Morgan (f/k/a Angela Murphy) ANGELA MURPHY, n/k/a, ANGELA R. MORGAN Plaintiff V. SCOTT E. MURPHY. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION -LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS. This Court has jurisdiction over Plaintiff and Defendant and the subject matter of this Order: WHEREAS, Plaintiff, Defendant. and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as that term is used under the Employee Retirement Income Security Act of 1974 (ERISA), as amended by the Retirement Equity Act of i984 (REA); and WHEREAS, Plaintiff and Defendant have stipulated that the Court shall enter this Order. SECTION 1. DEFINITIONS As used in the Order, the following terms shall apply: (a) Participant shall mean Scott E. Murphy, whose last known or current mailing address is 1 Red Oak Drive, Boiling Springs, Pennsylvania 17007, who was born on August 30, 1966. and whose Social Security Number is 190-62-7565. (b) Alternate Payee shall mean Angela R. Morgan (flk.%a Angela R. Murphy), whose last known or current mailing address is I 1 Midland Drive. Mount Holly Springs, Pennsylvania 17065. who was born on June 12. 1966, and whose Social Security Number is 481-86-0112. The Alternate Payee;-, the former spousE of the Participant. (c) Plan shall mean the Dover Corporation Retireuwm Savings flan. (d) Plar. Administrator shall mean the Pension Cont?uittee of Dover Corporation. CD -?a Page I of 4 A SECTION 2. DATE OF MARRIAGE/DIVORCE Participant and Alternate Payee were married on August 3, 1991 and were divorced on December 6, 2005. SECTION 3. AMOUNT OF BENEFIT TO BE PAID TO ALTERNATE PAYEE The Alternate Payee is awarded the following interest in the Plan as her sole and separate property: Alternate Payee's interest in the Plan shall be $15,7$6.00 of the Participant's vested account balance as of September 13, 2004 (or the closest valuation date thereafter), not including the outstanding loan balance (if applicable) as of September 13, 2004 (or the closest valuation date thereafter), subject to earnings and/or losses subsequent to September 13, 2004 (or the closest valuation date thereafter) until the date of total distribution to the Alternate Payee. In the event the actual investment performance of the Alternate Payee's sayings plan benefit cannot be readily determined by the Plan Administrator, the Plan Administrator may use a reasonable approximation pursuant to standards and procedures uniformly applied. SECTION 4. TIMING AND FORM OF PAYMENT TO ALTERNATE PAYEE Benefits payable to the Alternate Payee as set forth in Section 3 above may commence as soon as practicable after the Order is qualified. The Alternate Payee may elect to receive her payment in any distribution form available under the Plan. If the benefit awarded to the Alternate Payee is equal to or less than the Plan's mandatory cash-out limit, then the Alternate Payee will receive a lump sum payment. Such lump sum payment shall be made as soon as practicable following the determination of the qualified status of this Order. SECTION 5. DEATH OF ALTERNATE PAYEE 1 Tpon the death of the Alternate Payee prior to Oie re',?eipt of ddistribuf-ionwt , t:3. !tcrrat° Payee. such benefits shall be di.,,tributed to the Alternate Payee's beneficiary on record or, if none, to the estate of the Alternate Pavee. SECTION 6. DEATH OF PARTICIPANT In the event of the death of the Participant after qualification, but prior to the receipt of a distribution to the Alternate Payee, the Alternate Payee shall be entitled to the benefits assigned hereunder. Page 2 of 4 SECTION 7. MISCELLANEOUS (a) The Participant shall cause a copy of this Order to be served on the Plan Administrator(s). This Order shall remain in effect until a further order of this Court. Nothing contained in this Order shall be construed to require the Plan or Plan Administrator: (i) To provide to the Alternate Payee any type or form of benefit not otherwise available to the Participant under the Plan, (ii) To provide to the Alternate Payee increased benefits not available to the Participant; or (iii) To pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order determined by the Plan Administrator to be a QDRO before this Order is determined by the Plan Administrator to be a QDRO. (b) The Participant's account shall be reduced to reflect any payment pursuant to this QDRO and any subsequent payment to the Participant or to an Alternate Payee under a subsequent QDRO. (c) A separate account will be established for each Alternate Payee to whom payments are due. The alternate Payee's share will initially be established in the same fund mix percentages as in the Participant's account. The Alternate Payee's separate account will contain a pro rata share of each fund in which the Participant's account is invested at the time the separate account is established. The Alternate Payee may elect to modify the investment of her separate account after the account is established by following the Plan's general investment procedures. (d) In the event the Plan Administrator does not approve the form of this Order, then each party shall cooperate and do all things reasonably necessary to devise an acceptable Order. (e) This Court retains jurisdiction to enforce, revise. modify, or amend this Order insofar as necessary to establish or maintain its qualification as a QDRO, provided, however, neither this Order nor any subsequent revision, modification, or amendment shall require the Plan to provide any form or amount of benefits not otherwise provided by the Plan. (f) In the case of conflict between the terms of this QDRO and the terms of the Plan, the terms of the Plan shall prevail. (g) The Plan Administrator, Alternate Payee and the Participant may modify by written agreement any provision of this QDRO without further Court approval so long as the Page 3 of 4 change has no adverse effect on the Participant. The Plan Administrator may unilaterally modify any provision of this QDR0 to the extent necessary to comply with applicable law. (h) The Alternate Payee and the Participant shall hold the Plan (and its sponsor and fiduciaries) harmless from any liabilities that arise from following this QDRO, including all attorney fees that may be incurred in connection with any claims that are asserted because the Plan honors this QDRO. (i) To the extent that the Plan pays to the Participant any benefits that are payable to the Alternate Payee under this QDRO, the Participant shall be deemed to be a constructive trustee holding the amount of such benefits in a constructive trust for the henefit of the Alternate Pavee. The Participant is orderW? to pay such ar.ount to the Alternate Payee within thirty (30) days rafter the Plan notifies the Participant that the Participant has received amounts that are payable to the Alternate Payee. To the extent that the Plan pays to the Alternate Payee any benefits that are payable to the Participant under this QDRO, the Alternate Payee shall be deemed to be a constructive trustee holding the amount of such benefits in a constructive trust for the benefit of the Participant. The Alternate Payee is ordered to pay such amount to the Participant within thirty ; 30) days after the Plan notifies the Alternate Payee that the Alternate Payee has received amounts that are payable to the Participant. BY THE COURT: Dated: t? Lot+ SUBMITTED BY: dctlff, squire or, cott E. Murphy EXECUTED BY: Wntina M. Laudermflch, Esquire Attorney for Angela R. Morgan (f/k%a Angela R. Murphy) Scott E. Murphy Angel Murphy f/k/a Angel . Murph Participant Alternate Payee Cat tAD1 Page 4 of 4 Quintina A Laudermilch, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 635 N. 12'h Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 tlaudermilch,-ddzmmglaw.com Attorneys, for Plaintiff, Angela Morgan (f/k/a Angela Murphy) ANGELA MURPHY, n/k/a, ANGELA R. MORGAN Plaintiff V. SCOTT E. MURPHY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2000-1116 CIVIL TERM : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, This Court has jurisdiction over Plaintiff and Defendant and the subject matter of this Order; WHEREAS, Plaintiff, Defendant, and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as that term is used under the Employee Retirement Income Security Act of 1974 (ERISA), as amended by the Retirement Equity Act of 1984 (REA); and WHEREAS, Plaintiff and Defendant have stipulated that the Court shall enter this Order. SECTION 1. DEFINITIONS As used in the Order, the following terms shall apply: (a) Participant shall mean Scott E. Murphy, whose last known or current mailing address is 1 Red Oak Drive, Boiling Springs, Pennsylvania 17007, who was born on August 30, 1966, and whose Social Security Number is 190-62-7565. (b) Alternate Payee shall mean Angela R. Morgan (f/k/a Angela R. Murphy), whose last known or current mailing address is 11 Midland Drive, Mount Holly Springs, Pennsylvania 17065, who was born on June 12, 1966, and whose Social Security Number is 481-86-0112. The Alternate Payee is the former spouse of the Participant. (c) Plan shall mean the Dover Corporation Retirement Savings Plan. Page 1 of 4 (d) Plan Administrator shall mean the Pension Committee of Dover Corporation. SECTION 2. DATE OF MARRIAGEIDIVORCE Participant and Alternate Payee were married on August 3, 1991 and were divorced on December 6, 2005. SECTION 3. AMOUNT OF BENEFIT TO BE PAID TO ALTERNATE PAYEE The Alternate Payee is awarded the following interest in the Plan as her sole and separate property: Alternate Payee's interest in the Plan shall be $15,786.00 of the Participant's vested account balance as of November 1, 2004 (or the closest valuation date thereafter), not including the outstanding loan balance (if applicable) as of November 1, 2004 (or the closest valuation date thereafter), subject to earnings and/or losses subsequent to November 1, 2004 (or the closest valuation date thereafter) until the date of total distribution to the Alternate Payee. In the event the actual investment performance of the Alternate Payee's savings plan benefit cannot be readily determined by the Plan Administrator, the Plan Administrator may use a reasonable approximation pursuant to standards and procedures uniformly applied. SECTION 4. TIMING AND FORM OF PAYMENT TO ALTERNATE PAYEE Benefits payable to the Alternate Payee as set forth in Section 3 above may commence as soon as practicable after the Order is qualified. The Alternate Payee may elect to receive her payment in any distribution form available under the Plan. If the benefit awarded to the Alternate Payee is equal to or less than the Plan's mandatory cash-out limit, then the Alternate Payee will receive a lump sum payment. Such lump sum payment shall be made as soon as practicable following the determination of the qualified status of this Order. SECTION 5. DEATH OF ALTERNATE PAYEE Upon the death of the Alternate Payee prior to the receipt of distribution to the Alternate Payee, such benefits shall be distributed to the Alternate Payee's beneficiary on record or, if none, to the estate of the Alternate Payee. SECTION 6. DEATH OF PARTICIPANT In the event of the death of the Participant after qualification, but prior to the receipt of a distribution to the Alternate Payee, the Alternate Payee shall be entitled to the benefits assigned hereunder. Page 2 of 4 SECTION 7. MISCELLANEOUS (a) The Participant shall cause a copy of this Order to be served on the Plan Administrator(s). This Order shall remain in effect until a further order of this Court. Nothing contained in this Order shall be construed to require the Plan or Plan Administrator: (i) To provide to the Alternate Payee any type or form of benefit not otherwise available to the Participant under the Plan; (ii) To provide to the Alternate Payee increased benefits not available to the Participant; or (iii) To pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order determined by the Plan Administrator to be a QDRO before this Order is determined by the Plan Administrator to be a QDRO. (b) The Participant's account shall be reduced to reflect any payment pursuant to this QDRO and any subsequent payment to the Participant or to an Alternate Payee under a subsequent QDRO. (c) A separate account will be established for each Alternate Payee to whom payments are due. The alternate Payee's share will initially be established in the same fund mix percentages as in the Participant's account. The Alternate Payee's separate account will contain a pro rata share of each fund in which the Participant's account is invested at the time the separate account is established. The Alternate Payee may elect to modify the investment of her separate account after the account is established by following the Plan's general investment procedures. (d) In the event the Plan Administrator does not approve the form of this Order, then each party shall cooperate and do all things reasonably necessary to devise an acceptable Order. (e) This Court retains jurisdiction to enforce, revise, modify, or amend this Order insofar as necessary to establish or maintain its qualification as a QDRO, provided, however, neither this Order nor any subsequent revision, modification, or amendment shall require the Plan to provide any form or amount of benefits not otherwise provided by the Plan. (f) In the case of conflict between the terms of this QDRO and the terms of the Plan, the terms of the Plan shall prevail. (g) The Plan Administrator, Alternate Payee and the Participant may modify by written agreement any provision of this QDRO without further Court approval so long as the Page 3 of 4 change has no adverse effect on the Participant. The Plan Administrator may unilaterally modify any provision of this QDRO to the extent necessary to comply with applicable law. (h) The Alternate Payee and the Participant shall hold the Plan (and its sponsor and fiduciaries) harmless from any liabilities that arise from following this QDRO, including all attorney fees that may be incurred in connection with any claims that are asserted because the Plan honors this QDRO. (i) To the extent that the Plan pays to the Participant any benefits that are payable to the Alternate Payee under this QDRO, the Participant shall be deemed to be a constructive trustee holding the amount of such benefits in a constructive trust for the benefit of the Alternate Payee. The Participant is ordered to pay such amount to the Alternate Payee within thirty (30) days after the Plan notifies the Participant that the Participant has received amounts that are payable to the Alternate Payee. To the extent that the Plan pays to the Alternate Payee any benefits that are payable to the Participant under this QDRO, the Alternate Payee shall be deemed to be a constructive trustee holding the amount of such benefits in a constructive trust for the benefit of the Participant. The Alternate Payee is ordered to pay such amount to the Participant within thirty (30) days after the Plan notifies the Alternate Payee that the Alternate Payee has received amounts that are payable to the Participant. BY THE COURT: Dated: 7ki,,&. 70 Zoll SUBMITTED BY: 34 ll ,(IL?,G?r Diane G. Ra. c iff, , uire I''(( Qumtina M. Laudermilch, Esquire Vera Attorney for Angela R. Morgan (f/k/a Angela R. Murphy) v Sco urphy Dam/ EXECUTED BY: Scott E. Murphy Participant (') 0TA&kjffi&A ejaw-N C Angel R Murphy (f/k/ la R. Murp ??-st Alternate Payee M CZ C.) IF n? -o X-n 0 C4 Page 4 of 4