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01-4926
SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA BENJAMIN A. ~-u-RTORFF, Plaintiff CAROL P. ~-u-RTORFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.O[-q CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: ~l}~lO{ By: SAIDIS, SHUFF, FLOWER & LINDSAY Jo~ J./~0p~cky, <~/quire SLI~'reme~Q~ourt ID # 78014 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff BENJAMIN A. MURTORFF, : Plaintiff : CAROL P. MURTORFF, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.~>I CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c/ OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is resides at 2 Persimmon County, Pennsylvania. 2. Defendant is Carol at 2 Persimmon Benjamin A. Murtorff, who currently Drive, Boiling Springs, Cumberland P. Murtorff, who currently resides Drive, Boiling Springs, Cumberland County, Pennsylvania. in the Commonwealth for at least to the filing of this Complaint. Plaintiff and Defendant have been bona fide residents six months immediately previous 4. The Plaintiff and Defendant were married on December 11, 1976, in Fort Wayne, Indiana. 5. The Plaintiff and Defendant have been separated since August 5, 2001. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 8. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: By :. Supy~e Co~ ID # 78014 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff AFFIDAVIT I, Benjamin A. Murtorff, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary,s Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: VERIFICATION 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. Section 4904, relating to unsworn falsification to authorities. Dated: IBen~amin k. M~r~rff, f~.~aintiff BENJAMIN A. MURTORFF, Plaintiff CAROL P. MURTORFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #01-4926 CIVIL TEP. M 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 the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR A/~NULMENT 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 CA/~NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, Fourth Floor Cumberland County/Court Hod~e Carlisle, PennsylVania 17013 Telephone: (717) 240-6200 BENJAMIN A. MURTORFF, = IN THE COURT OF COMMON PLEAS OF Plaintiff = CUMBERLAND COUNTy, PENNSYLVANIA v. = CIVIL ACTION - LAW ~ IN DIVORCE CAROL P. MURTORFF, : Defendant : #01-4926 CIVIL TERM AFFIDAVIT OF MARRIAGE COUNSELING I, Carol P. Murtorff, being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Sworn and subscr~e~to befor~ me this of No.fy Public Carol p. ~urt6r~f, Def~e~t BENJAMIN A. MURTORFF, Plaintiff CAROL P. MURTORFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #01-4926 CIVIL TEP~M AMENDED COMPLAINT IN DIVORCE TO THE HONOP. ABLE, THE JTJDGES OF SAID COURTs AND NOW COMES, Benjamin J. Murtorff, by his attorney Johnna Kopecky, Esquire and Carol P. Murtorff, Defendant, by her attorney, Ruby D. Weeks, Esquire, who aver as follows: Plaintiff is Benjamin A. Murtorff, natural father and an adult sui juris, who resides at 1463 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania, 17013. Defendant is Carol P. Murtorff, who resides at 13 East First natural mother, and an adult sui juris, Street, P.O. Box 328, Boiling Springs, Cumberland County, Pennsylvania, 17007. Plaintiff and Defendant have been a bona fide resident(s) in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on December 11, 1976, in Fort Wayne, Indiana. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. Neither party is a member of the Armed Forces of the United States. COUNT I - CHILD CUSTODY Paragraphs 1 through 6 are hereby incorporated by reference and made a part hereof. There were three children born of this marriage, only one child is still a minor: a. Gabriel J. p. Murtorff, born November 14, 1988. Not born out of wedlock. 10. Said child is presently in the shared custody of his mother, Carol P. Murtorff herein, who resides at 13 East First Street, P.O. Box 328, Boiling Springs, Cumberland County, Pennsylvania, 17007 and his father, Benjamin A. Murtorff herein, who resides at 1463 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania, 17013. During the past five years, the child has resided with the following persons and at the following addresses: Benjamin A. Murtorff and Carol A. Murtorff 2 Persimmon Drive Boiling Springs, PA 17007 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or in any other Court in any other jurisdiction. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child, to intervene. 15. The best interests and permanent welfare of the child and his physical, spiritual, emotional and moral well-being will be served by granting the relief requested. 16. Plaintiff requests joint, shared legal and physical custody of the child as per the attached Custody Stipulation. Joh~ Kop~y ~i re At~q~ney ~or Plaintiff 26 West }figh St-z~-f Carlisle, PA 17013 (717) 243-6222 Defendant /~/- -~ Ruby~Esquire Attorney for Defendant 10 West High Street Carlisle, PA 17013 (717) 243-1294 Date: ~-- ~ 0-7/ Date: COMMONWEALTH OF PENNSYLVANIA COUNTy OF CUMBERLAND SS The above named, Carol P. Murtorff, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint are true and correct, and the Complaint is not made out of levity or by collusion between her and the said Plaintiff for the mere purpose of being freed and separated from each other, but that it is brought in sincerity and in truth for the cause mentioned in the said Complaint. Sworn and subscr£hed to before me t~is I[~Im day of ~ '-- 20~=. Notary Publ~ ' ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND The above named, Benjamin A. Murtorff, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint are true and correct, and the Complaint is not made out of levity or by collusion between her and the said Plaintiff for the mere purpose of being freed and separated from each other, but that it is brought in sincerity and in truth for the cause mentioned in the said Complaint. 'Plaintiff'' Sworn and subscribed to before me this __ day of 20 Notary Public r~ BENJAMIN A. MURTORFF, Plaintiff Vo CAROL P. MURTORFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY # CIVIL ORDER OF COURT AND NOW, this 23'~ day of'm~7 , 20~z , upon agreement of the parties, the attached Custody Stipulation and Agreement is made an Order of Court. ~ohnY ~. Weeks, Esquire For Defendant n J. Kopecky, Esquire For Plaintiff BY THE COURT, BENJAMIN A. M~RTORFF, Plaintiff CAROL P. ~uRTORFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #01-4926 CIVIL TEP~M NOTICE OF ELECTION TO RETAKE MAIDEN NAiF Notice is hereby given that the Plaintiff in the above matter, having filed for a Final Decree in Divorce from the bonds of matrimony, hereby elects to retake and hereafter use her previous name of Carol Honan Parr TO BE KNOWN AS= Carol Honan Parr COMMONWEALTH OF PENNSYLVANIA = COUNTY OF CumBERLAND ~ On the ~ day of ~, 2002, before me a Notary Public, personally appeared Carol P. Murtorff known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS W~EREOF, I have hereunto set my hand and official seal. Notary Public BENJAMIN A. MURTORFF, Plaintiff CAROL P. MURTORFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #01-4926 CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 (&) (1) (ii) COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF CUMBERLAND : I, RUBY D. WEEKS, ESQUIRE, Attorney for Carol P. Murtorff, being duly sworn according to law, depose and say that a true and correct copy of the Divorce Complaint was served on the Defendant, Carol P. Murtorff, at 2 Persimmon Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007, by mailing the same to her by certified mail, restricted delivery, No. 70993400001850006280, on August 21,2001. Service was accepted on August 29, 2001. Sworn and subscribed to before me this ~ day Ruby D Week~, Esquire for Defendant Benjamin A. Murtorff, Plaintiff Carol P. Murtoff, Defendant In the Court of Common Pleas Cumberland County Pennsylvania No. 01-4926 Civil Term In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 11, 1976, in Fort Wayne, Indiana. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed t~om the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Sworn and subscribed to before me _ this ~ day of .~ I NOTAIqlAL SEAL I RENEE L, MURRAZ Nota~ubllc ~ Carlisle Boro, Cumberland Co., PA ~ My Commission Expl~ December 13, 2005 Benjarqin A. Murtorff, {~ia~nt~ff Date: ~--~'~ ,2002 BENJAMIN A. MURTORFF, Plaintiff CAROL P. MURTORFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #01-4926 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 21, 2001 and amended on April 18, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. 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. Carol P.~urtorff, ~fe~da~{tF~ Sworn and subscribed to before me this ~ day of ~, 200~ . Notary Public Benjamin A. Murtorff, : Plaintiff : vi. : : Carol P. Murtoff, : Defendant : In the Court of Common Pleas Cumberland County Pennsylvania No. 01-4926 Civil Term In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. BenjamilfA. Murtorff, PlalntifJ ~'/ Date: ('SZ-c~Dfz~- /~2~9_,~_ Sworrt and,subscribed to before me this /o~ ~dayof, -'~t~ A ~ ,2002 BENJAMIN A. MuKTORFF, Plaintiff CAROL P. MURTORFF, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #01-4926 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY DIVORCE DEC~ UNDER ~ 3301 (c) OF Tw~ DIVORCE CODr 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer,s fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this 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: BENJAMIN A. MURTORFF, Plaintiff Vo CAROL P. MURTORFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #01-4926 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c} 2. Date and manner of service of the complaint: U.S. Mail, certified, restricted deliver, number 7993400001850006280 mail on 8/21/02 and siqned for by defendant on Auqust 29, 2002. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the plaintiff 8/26/02 ; by the defendant 9/9/02 4. Related claims pending: NONE - PROPERTY SETTLEMENT AGREEMENT SIGNED. 5. Date plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the prothonotary: 9/9/02. Date defendant,s Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: 9/9/02. Date: September 9, 2002 W~ Ruby D. Attorney for the Defendant PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, dated the~'-'~?~day of.~?~,2002, by and between Benjamin A. Murtorff, residing at 1463 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania, 17013, Social Security Number 206-36-4134, hereinafter called the "Husband", and Carol P. Murtorff, formerly Carol Parr, residing at 13 East First Street, P.O. Box 328, Boiling Springs, Cumberland County, Pennsylvania, 17007, Social Security Number 316-52-3634, hereinafter called the "Wife", who agree as follows: WlTNESSETH: WHEREAS, the parties are Husband and Wife, having been married on December 11, 1976 in Fort Wayne, Allen County, Indiana. The parties separated August 5, 2001. WHEREAS, there have been issue of the marriage, to wit: Joshua Benjamin Parr Murtorff born September 6, 1978, Nathan Mathias Parr Murtorff born March 3, 1983 both now adults and Gabriel Joseph Parr Murtorffbom November 14, 1988 hereinafter referred to as the Children. WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband 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 past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters between them relating to the past, present and future support and or maintenance of the Children, the implementation of custody/visitation arrangements for the minor Child of the parties; 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 promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. EFFECT OF DECREE, NO MERGER Neither party to any such action shall ask alimony or support contrary to the provisions of this Agreement. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divome in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is further understood that Pennsylvania law provides that "a provision of an Agreement regarding child support, visitation or custody shall be subject to modification by the Court upon a showing of changed circumstances". It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. That is, this agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. Except with regard to child support and child custody, no court may change the terms of this agreement, and it shall be binding and conclusive upon the parties. In the event of a reconciliation, attempted reconciliation, or other cohabitation of the parties hereto after the date of this agreement, this agreement shall remain in full force and effect in the absence ora written agreement signed by both parties expressly stating that this agreement has been revoked or modified. 2. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 3. ADVICE OF COUNSEl, The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel Johnna J. Kopecky, Esquire, for Husband, and Ruby D. Weeks, Esquire, for Wife. 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 infoi-~ied as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having 3 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. 4. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and that Wife does not wish to exercise her fight to have appraisals by experts as to the value of the various interests of Husband. She understands that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution. 5. WARRANTY OF DISCLOSURE The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the fora, of an information exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 6. OBTAINING INFORMATION ON FINANCES Each party acknowledges that they have been informed they may have the fight, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. Such information may be obtained by one or more of several methods including depositions upon oral examination, written interrogatories, production of documents or entry upon property for inspection. The parties agree to waive any further discovery. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. However, each party shall make best efforts to maintain employment with comparable benefits and salary as they now hold or for which they are in training. 8. NO MOLESTATION Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. Neither party shall harass or be verbally or physically abusive to the other. 9. MUTUAL RELEASEg Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights ora surviving spouse to participate in 5 a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or © any other country, or any fights 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, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 10. REAL PROPERTY The marital residence located at 2 Persimon Drive, Boiling Springs, Cumberland County, Pennsylvania has been sold and there remained no equity to be divided after satisfaction of the mortgage and payment of closing costs. 11. Distribution of Personal Propert3,: (^) Mrs. Murtorff will provide Mr. Murtorff with a 12 place setting (5 - piece) of Lenox china, 12 Gorham crystal water goblets and 12 Gorham sherbets. Mrs. Murtorff will retain the Reed and Barton silver plate and 12 Gorham wine glasses and the 6 Waterford rocks glasses. If Mr. Murtorff sells any of the china, or crystal, he shall split the proceeds in half with Mrs. Murtorff. If Mrs. Murtorff sells any of the above-mentioned property she will split the proceeds equally with Mr. Murtorff. (B) The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of social security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession 7 or control pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 12. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1999 Toyota Camry titled jointly, shall become and remain the sole and exclusive property of the Wife and the parties shall share equally the cost of transferring the title to her. It is not security for any loan. (b) The Chevy S-10 Pickup track, titled to Husband, shall become and remain the sole and exclusive property of the Husband. It is not security for any loan. This has been sold. 13. FILING INVENTORIES AND APPRAISEMENT The parties further acknowledge their understanding that they each have the fight to file Inventories and Appraisement with the Court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Fully knowing the same, each party nonetheless waives their respective rights to request additional discovery be conducted, to file Inventories and Appraisement with the Court, or to require the other party to do so. 14. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party. 15. SUBSEQUENT PERSONAL DEBTS: Husband and Wife agree from time of the signing of this Agreement that each party shall be responsible for their own debts and hold each other harmless from same. 16. FUTURE DEBTS: Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 17. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 18. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 19. PAYMENT OF SPECIFIEI~ OBLIGATIONS. A. During the course of the marriage, Wife and Husband have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Husband shall be solely responsible for all bills, obligations and debts as set forth below: Bo (1) American General Finance (2) Husband's Lowes Credit Card (3) Reimbursement of the Thrift Savings Plan (4) The Personal Signature Loan Wife shall be solely responsible for all bills, obligations and debts as set forth below: (1) Wife's Lowes Credit Card (2) Circuit City (3) Wife's Value City Furniture Account (4) Wife's Member's First loan for computer 10 20. ASSUMPTION OF LIABII,ITIES. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties, since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable, should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 21. CUSTODY The parties have provided for custody through an agreed order of court docketed to No. 01-4926 Civil, in the Court of Common Pleas, Cumberland County, Pennsylvania. 22. FEDERAL TAX DEPENDENCY EXEMPTION The parties agree to share the federal dependency exemption for the child with the father claiming it in 2002 and even-numbered years and the mother in 2003 and odd-numbered years. 23. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND AI.IMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed, wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 24. RETIREMENT FUNDS A. The Husband, who has been employed by The Federal Government, Pennsylvania, has accumulated benefits in his retirement account. It is agreed by the parties that the Wife shall waive any interest she may have in any of the benefits, including retirement, which the Husband may have as a result of his employment. B. The Wife, who is employed at St. Johns Evangelical Lutheran Church, Steelton, Pennsylvania, also has retirement and other employee benefits. It is agreed by the parties that the Husband shall waive any interest he may have in any of the benefits, including retirement, which the Wife may have as a result of her employment. 25. LIFE INSURANCE Both parties shall continue to maintain all current life insurance policies on their lives even in the event their employment changes, naming the Children solely as irrevocable beneficiaries of such policies until such time as each Child reaches the age of eighteen (18) or graduates from high school which ever shall occur first. They shall each provide a written list to the other setting forth the insurance company(s), policy number(s), and principal amount(s) of such insurance as provided above with proof of beneficiary. They also agree not to borrow against or assign said policies without prior written consent of the other party. Both Parties agree to make payment of premiums on the policies on their individual lives so as to continue said coverage as until all Children have reaches the age of eighteen (18) or graduated from high school. 3.9. 26. ATTORNEY FEES, COSTS & EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree. 27. BREACH OF AGREEMENT If either party fails in the due perfmmance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement. 28. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 29. AGREEMENT BINDING ON HEIR~q This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that tem~, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations 13 under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 31. 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. 32. NO WAIVER OF DEFAULT This Agreement shall remain in full fome and effect unless and until temiinated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the fight of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 33. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 34. SUBSEQUENT DIVORCE It is contemplated that Husband has filed a Complaint in Divorce against Wife. Husband and Wife each agree to sign an Affidavit of Consent and an Affidavit waiving counseling to be filed in said divorce action. In the event such divorce action is concluded Wife shall be entitled to receive 14 a copy of the Decree in Divorce for the noi-mal fee charged by the Prothonotary and shall not be assessed any costs of the proceeding, except as previously agreed to herein in Paragraph 26. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement, which shall not be incorporated by reference into the Divorce Decree, and this Agreement shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 35. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 36. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness Benjjtmin A. Mt~orff- - Carol P.-M~'to'rff 15 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : On this, the~--~ay~o ~~2, before me, a Notary Public, the undersigned officer, personally appeared Benjamin A. Murtorff, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. NO'I'A~IIAL SEAL 1 RENEE L. MURRAY, Notary I~ublla j Carlisle Sero, Cumberland Co, PA I [_My Commisaion Exp res Oec~mber 13, ~00~ J COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS .. On this, the__~ day offS. ,2002, before me, a Notary Public, the undersigned officer, personally appeared Carol P. Murtorff, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. Notary Public 16 BENJAMIN A. MURTORFF, PLAINTIFF VERSUS CAROL P. MURTORFF, DEFEND~IT INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. No. #01-4926 CIVIL TERM DECREE IN DIVORCE AND NOW, DECREED THAT AND BENJAMIN A. MURTORFF CAROL P. MURTORFF , IT IS ORDERED AND , PLAINTIFF, , 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; A PROPERTY SETTLEMENT AGREEMENT IS ATTACHED AND MADE A PART HEREOF FOR PURPOSES OF ENFORCEMENT. / BY THE COUrt: / )NOTARY