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HomeMy WebLinkAbout02-2875 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW /'< L. MURPHY, Plaintiff TIMOTHY M. MURPHY, Defendant IN DIVORCE/CUSTODY NO. 0"').. -JP'lS (!,~..L ~EA."1 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 wamed that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Office of the Prothonotary, Cumberland County Courthouse, 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 Telephone No. (717) 249-3166 or 1-800-990-9108 dA1d~~ -Sandra L. Meilton, N .32551 Attorney for Plaintiff TUCKER ARENSBERG & SWARTZ P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW LISA L. MURPHY, Plaintiff TIMOTHY M. MURPHY, Defendant IN DIVORCE/CUSTODY NO. O~ - ~7S Ct~J.. '-r~ COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE COUNT I: 1. Plaintiff is Lisa L. Murphy, an adult individual who is sui juris and resides at 243 B. South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Timothy M. Murphy, an adult individual who is sui juris and resides at 50 E. Race Street, Middletown, Dauphin County, Pennsylvania. The present whereabouts of the Defendant, Timothy M. Murphy, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 26, 1990, in Middletown, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. Cg. "iq, ~ ~ ,,'- ~ CIi () CI? ~ h .Crt ~ g 8 ~ p ~ I J I I I D ~ ~ N1S V. II -, ~ 1..) P0 -.J r- r- (). Cv tv ~ ~ ~ ():.<, ~~~ ~ ("'(8.: & -. ~ 0 0 '" -n L --, men c: ~,ii?J fli :z: ..z :::1:.1 -D!"n ZS -NCJ (f) ~ W <:)(1.., ~z : ;:1.1'. 0 -0 :< :J: "''):D ~o :;....0 .-0 - orn ;J>c .. ~ ~ N TUCKERARENSBERG & SWARTZ .~ CELEBRATING A CENTURY OF SERVICE ... . June 12, 2002 Office of Prothonotary Cumberland County Court House One Courthouse Square Carlisle, PA 17013 RE: Murphy v. Murphy Dear Sir or Madam: Enclosed herewith for filing in the above matter is the original and four (4) copies of a Divorce Complaint along with our check in the amount of $275.50 to cover the required filing fee. Since we are requesting a custody conciliation, I have enclosed an additional copy of the Order setting a custody conciliation conference and an envelope addressed to the Defendant. After a date has been set for same, please time stamp all copies and "certifv" at least one of the copies for service on the Defendant. Please retum the copies in the enclosed postage paid envelope along with a receipt for the filing fee. When setting a custody conference, please note that Mrs. Meilton is out of the office from July 10 through the 16th and August 2 through the 19th, Your consideration In not using these dates would be greatly appreciated. Thank you. Sincerely, Igmr TUCKE ARENSB:Z::RG SWARTZ t ( , loria M. Rine, Legal Assistant to Sandra L. Meilton Enclosures 8908.1 111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108-0889 717-234-4121 800-257-4121 FAX 717-232-6802 Pittsburgh . Pittsburgh Airport Area . Lewistown E-mail: tapc@tuckerlaw.com www.tuckerlaw.com LISA L. MURPHY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNlY, PENNSYLVANIA CIVIL ACTION - LAW v. TIMOTHY M. MURPHY, Defendant IN DIVORCElCUSTOD~, -C.......- NO. C~ _-v;>..~ ((" '(;\!i',':)/.\ '~~', ,,/,' olJl ~ ,,' , u~~, U__,) , " \1,:> \,', __,J) i r j i ,- " . 1,' I I 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 wamed 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. Vllhen the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Office of the Prothonotary, Cumberland County Courthouse, 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 Telephone No. (717) 249-3166 or 1-800-990-9108 0 0 c: rv ;r: ~ ""ern c 2~P z &ir;: w -<<-. r-6 ~Q -0 ::r. c z Attorney for Plaintiff ~ TUCKER ARENSBERG & SWARTZ P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 (:J -0 N _:-1 i':l,Z] ~?1:g , }J.. !c' . ,...- -T, ~~n <3m ..-I 55 -< v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW LISA L. MURPHY, Plaintiff TIMOTHY M. MURPHY, Defendant IN DIVORCE/CUSTODY NO. ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Custody Conference Officer, on the day of 2002, at a.m.lp.m. at , Pennsylvania, for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a Temporary Order. Children need not be present at the Conference unless their presence is requested by the Custody Conference Officer. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date: By: Custody Conference Officer 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 Telephone No. (717) 249-3166 or 1-800-990-9108 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW LISA L. MURPHY, Plaintiff TIMOTHY M. MURPHY, Defendant IN DIVORCE/CUSTODY NO. COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE COUNT I: 1. Plaintiff is Lisa L. Murphy, an adult individual who is sui juris and resides at 243 B. South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Timothy M. Murphy, an adult individual who is sui juris and resides at 50 E. Race Street, Middletown, Dauphin County, Pennsylvania. The present whereabouts of the Defendant, Timothy M. Murphy, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 26, 1990, in Middletown, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. , . 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. COUNT II: PETITION FOR CUSTODY 9. There are two children born of the marriage of Plaintiff and Defendant, namely, Isabel Murphy, born July 3,1993, and Madeleine Murphy, born April 6, 1995. 10. Plaintiff and Defendant have resided with the children since birth. The children currently reside with Plaintiff at 243 B. South Hanover Street, Carlisle, Cumberland County, Pennsylvania where they have resided since May 18, 2002. From birth until May 18, 2002, the children have resided at 50 North Race Street, Middletown, PA 17057. 11. Plaintiff has not participated as a party, witness, or in any other capacity in any other litigation concerning the custody of said children in this or any other court. 12. Plaintiff does not have any information of any custody proceeding concerning said children pending in a court of this or any other state. 13. Plaintiff knows of no person not a party to this proceeding who has physical custody of said children or claims to have custody or visitation rights with respect to said children. COUNT III: CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 14. Plaintiff and Defendant are the joint owners as tenants by the entireties of the following real estate which is subject to equitable distribution by this court: 226 E. Emaus Street, Middletown, Dauphin County, Pennsylvania 15. Plaintiff and Defendant are the owners of various items of personal property, fumiture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 16. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. COUNT IV: CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES 17. Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. Awarding custody of the children, Isabel and Madeleine, to the Plaintiff subject to reasonable visitation rights to Defendant; D. Directing the Defendant to pay Alimony Pendente Lite and Plaintiff's counsel fees and the costs of this proceeding; and E. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG & SWARTZ By: L'/d~~~_ /" Sandra L. Meilt ,No. 32551 P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff 49995.1 . 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. ~tL ~. )Y}~'Tf- Lisa L. Murphy, Plaintiff PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ~ENNSYL VANIA I I , LISA L. MURPHY v. 02-2875 CIVIL ACTION ~A W TIM01HY M. MURPHY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, June 17,2002 , upon consideratio of the attached Complaint, it is hereby directed that parties and their respective counsel appear before at 39 West Main Street, Mechanicsburg, P A 17055 on Tuesda ,Jul 30, 2002 the conciliator, at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made t if this cannot be accomplished, to define and narrow the issues to be heard by the co order. All children age five or older may also be present at the conference. Failure t provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and aU existing Prote tion from Abuse orders, Special Relief orders, and Custody orders to the conclliator 48 hours prior to sc eduled hearing. resolve the issues in dispute; or , and to enter into a temporary appear at the conference may FOR THE COURT, By: Isl The Court of Common Pleas of Cumberland County is required by la to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and rea onable accommodations available to disabled individuals having business before the court, please contac our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT 0 HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPH FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CEo IF YOU DO NOT THE OFFICE SET Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JUL 2 3 2002 ~ Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA LISA L. MURPHY, vs. : NO. 02-2875 CNIL ACTION LAW TIMOTHY M. MURPHY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 16TH day of July, 2002, the Conciliator, having been advised that Plaintiff desires to withdraw her Petition for Custody at this time, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for July 30, 2002 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ,'t' ,~,' (.N~r3d \/d'...J_'-J!" \/\;] \'Il 11J}\r:,'~ ,r;'t\3tW\\\\~ "I ;.7 ~\~.:,.,n S\:& \"\] v III c., ~~ 4- ~w ~ e(]~/? -;.w ? ~1/ ~ <:'(7 )I/. '? ~ ~~~~:r; (?/-Jr-~ ViNV/\'lASNN3d AlNnO~l OiNlti:;;:w~m i I :S hid 8 I rmr 20 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW LISA L. MURPHY, Plaintiff TIMOTHY M. MURPHY, Defendant IN DIVORCE/CUSTODY NO. 02-2875 CIVIL TERM a ~ '"'0 ACCEPTANCE OF SERVICE NI .P - ,'. I accept service of the Complaint for Divorce in the above matter on behalf of the Defendant, Timothy M. Murphy. Date: 7 J/~ 102.. Mar C. Duffie, E JOHNSON, DUFFIE & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043 51344.1 .....,_._.~,,;._'_.,. () = 0 C N -n 5: ::t>o veL" ~ ""1"1 nlfT.' Ci""> ~ Z:r_, I jn ZC: ...-, m ,~ ~:,: (.-:' kC- -0 -1'1 >,.- , ,- zc; . , ;~~ f" >c~~ -:;,:.' :::: ~..::> ,-. =< :'r.J '0 -< Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant LISA L. MURPHY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-2875 CIVIL TERM v. CIVIL ACTION - LAW TIMOTHY M. MURPHY, IN DIVORCE/CUSTODY Defendant AFFIDA VIT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on June 13, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. 94904 relating to unsworn falsification to authorities. Date: 1--:)0- Of (") '" 0 co r;:; c;',) -n ;- ':'~.. ..,., :=;l lI~ f~' ["', f'i, :::D OJ -r.F.t . N U~ ~j"CJ UJ 01- .. :d~i, '-~ --;~ '--', ""0 -_1-.""'1 "':.-. C; -.. ~2c' ~:.,-. C' t;y Or{l :;:. --I ..". -.-1 ?~ -< Q"\ PROPERTY SETTLEMENT AGREEMENT Il I THIS AGREEMENT, Made this .s- ~ day of /\/llvf fA, fJ-{;1 , , 2003, by and between Timothy M. Murphy, hereinafter referred to as "Husband", and Lisa L. Murphy, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 26,1990; and WHEREAS, two children were born of this marriage, namely, Isabel Murphy, born July 3, 1993 and Madeleine Murphy, born April 6, 1995; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and 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 past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Mark C. Duffie, and Wife by her attorney, Sandra L. Meilton, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. Neither Husband nor Wife shall alienate nor attempt to alienate the affections of the children from the other party. 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on March 5, 2002, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on March 5, 2002, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 5. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: - 2 - Mellon Bank Credit Card (accl. #4059042121000255) First USA (accl. #4417117809900948) Fleet (accl. #5491000140042305) American Express (accl. #006930332012312021) Wife shall be liable for payment of the Mellon Bank credit card account and Husband shall be responsible for the First USA, Fleet and American Express credit card accounts. Each party agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. The parties shall take the steps necessary to assure that the credit cards are closed. To the extent that it is not possible to eliminate one party's name from the account, then that account shall be closed and the party agreeing to pay the balance shall remain liable for said balance. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreemenl. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 el. seq., and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each - 3 - party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, 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, except as set forth in Exhibit "A" attached hereto, which items shall be distributed in accordance with Exhibit "A", 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 and as set forth in Exhibit "A". 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, or which property will be distributed in accordance with Exhibit "A" attached hereto. 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 evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as may be otherwise provided herein, 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 his/her separate property and - 4 - any property which is in their possession 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. B. DISTRIBUTION OF REAL ESTATE: The parties agree that they are the owners of real estate located at 226 East Emaus Street, Middletown, Pennsylvania. Further, the parties have agreed that the real estate will be sold and that the net proceeds from the sale of the real estate shall be divided equally between them. Net proceeds shall be defined as the balance remaining of the sale price, less all outstanding mortgages and liens, taxes, realtor's commissions and costs incident to sale. Until the real estate is sold, Husband shall be solely responsible for payment of the mortgage, real estate taxes, homeowner's insurance, utilities and other expenses incident to the house. C. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the a.djusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. RETIREMENT. EMPLOYMENT BENEFITS. INDIVIDUAL RETIREMENT AND INDIVIDUAL RETIREMENT ACCOUNTS: The parties hereby waive any and all right to claim any interest or share in the other's pensions, profit sharing plans, employee benefit plans and IRAs, if any, from their present or past employers or from any other source. Both acknowledge that they have received information regarding the existence or non-existence of such employment benefits, inclUding, but not limited to, pensions, retirement benefits, 401 (k) plans and IRAs and are satisfied with the information so provided. Specifically, the parties agree that Husband shall retain sole and exclusive possession of his benefits and Wife hereby waives any right, title and interest she may have in said plan. Likewise, the parties agree that Wife shall retain sole and exclusive possession of her benefits and Husband hereby waives any right, title and interest he may have in said plan. - 5 - 9. 1989 HONDA: The 1989 Honda shall become the sole and exclusive property of Wife free and clear of all liens and encumbrances. 10. LIFE INSURANCE: Husband and Wife agree to maintain in full force and effect insurance policies on their lives in the amount of $130,000.00 each. It is the intent of the parties that these policies shall benefit their children, Isabel and Madeleine and each shall, therefore, designate either the children as beneficiaries of the policy or shall designate a trustee on behalf of the children. The insurance policy shall be subject to the following conditions: (a) Each party shall maintain the insurance in full force and effect. (b) Each party shall immediately designate their children, Isabel and Madeleine or a trustee on the children's behalf as irrevocable beneficiaries of the insurance. (c) Within thirty (30) days after the execution of this Agreement, both of the parties shall provide verification that the irrevocable beneficiary designation has been properly endorsed on each insurance policy. 11. ALIMONY: Both parties acknowledge and agree that the provIsions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 12. ALIMONY PENDENTE LITE. COUNSEL FEES, AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and - 6 - maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 13. INCOME TAX PRIOR RETURNS: With the exception of tax year 2002 where the parties filed "married filing separately", the parties have heretofore filed joint federal and state tax 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 on any prior joint tax return, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 14. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 15. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301 (c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301 (c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. - 7 - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 17. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 18. THIRD PARTY BENEFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other individuals, including their minor children, be third party beneficiaries of this Agreement at this time or at any time in the future. 19. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 20. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. - 8 - Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 21. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. - 9 - 23. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 24. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 26. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 27. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 28. 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. - 10 - 29. CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. /s{~~~ r/0a cf. m wvlo-(SEAL) Lisa L. Murphy (SEAL) - 11 - COMMONWEALTH OF PENNSYLVANIA ) ( ) SS: COUNTY OF DAUPHIN hi On this, the J,J day of -J h(/l11l y / ;loG V , 200.3,1>efore me, a Notary Public, the undersigned officer, personally' appeared Lisa L. Murphy known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ 4.cff~ Notary Public HOWl\&. ... GUlIMM. .. NalaIY NllIC CIlY Of ~k'll'_. IWIPI" CXlUIl'IY ,... CoIM IIIIM ErpRI New .. 2CIll7 ~~L-- tJ./ M......,,!,$I"4... COlltllvIOI'lVvt::AL Tt1 G1i>ENf40'.'LV..4.l::.lIA ) COUNTY OF .;..j4J>>~r'.J ; On this, the. ~ day of ---n~ , 2003, before me, a Notary Public, the undersigned officer, personally appeared Timothy M. Murphy, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. SS: IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary"P~t _11 6~~2d 56516.1 '....-. _............, ~. ~~~."".{' '.iRACEY.AN.".~iCE B.E LLOW .1.1tlj Itary Public '(ti;';~ .}~ "nnesota ~.'t.p ,'.. '''1., ~: ~-,plres Jan 31,2005 ~"'_"''<iC'''__" EXHIBIT A TIMOTHY AND LISA MURPHY Items to be retained bv Wife: Vegetable steamer Kitchen Aid Mixer Calphalon pots (half) Calphalon pot hanger 3 Chicago Cutlery knives Krups Cappuccino machine Le Crueset fondue Isabel's wooden bookshelf Books Tapestry Framed Wyeth print Christmas decorations (half) Food processor Girls' wall-mounted shelves Girls' sleds 10 speed bike Weber Gas Grille Items to be retained bv Husband: Print Shop Version 10 and Click Art disks Round table and four chairs Calphalon pots (half) 12 Lennox goblets Waterford salVpepper Christmas decorations (half) Clayton Marcus couch Teal wing-backed chair Queen-size iron bed Computer, speakers, printer Framed seashell print Framed fern print Cherubs sculpture Radio/cassette/CD player Refrigerator Dishwasher Toaster Hamilton Beach blender Stovetop smoker Safe Knife sharpener Paper shredder Washer/dryer Push mower Girls' bikes 2 guns 27" television () ~.~; ...., C~ 5:2 ::Y. ::... ;-.;:1 o ., M-.l ~ ri'l FTI ::-g23 '-~~ I ?i~ ~.~~ ~)() ()nl ;:::"1 co ""D r", o (JI =-< v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 02-2875 CIVIL TERM LISA L. MURPHY, Plaintiff TIMOTHY M. MURPHY, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 13, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 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. 5. 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: 3/15/04 ofjAa d. "V)l~~' Lisa L. Murphy, Plaintiff ~.., C7:"..:) c:-=:o "'- o "T1 ....; :J::" InF:: -'-,m ':'y C)~ ') ~~~] ;::jrr) ~ :'::." :::-;..1 CD ~~, r',.) C) .' v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LISA L. MURPHY, Plaintiff TIMOTHY M. MURPHY, Defendant IN DIVORCE NO. 02-2875 CIVIL TERM 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 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. Section 4904 relating to unsworn falsification to authorities. Date: 3/15/04 ~sO-. c1.rYJ1A/I Jlto Lisa L. Murphy, Plaintiff I 65435,1 0 "J 0 C'.::.:'l ~-:~ = -q ...- - --, .....~-:. :::r:-: =:: rn .- -!J iTl :i::1 0 C) ::::-:.::; ,.L, :-'--' T f", 0 s:,~ :L~ '-, i~;'; !'-..,) - ~, -,-.... C::) .""~ - Johnson, Dnffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Defendant LISA L. MURPHY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-2875 CIVIL TERM v. CIVIL ACTION - LAW TIMOTHY M. MURPHY, IN DIVORCE/CUSTODY Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE TO: Timothy M. Murphy, Defendant 1. I consent to the entry of a final decree in 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: J / - ,r::.a~ N C) +~- 1'0 C7::> C:;:::) ~- ~ ~I,~~ -~. -'~' n -)-1 --< I__. :11-".' r- =Rf-P >,'y ~'~~ () ~i~~ cC> -"7 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LISA L. MURPHY, Plaintiff TIMOTHY M. MURPHY, Defendant IN DIVORCE NO. 02-2875 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. Divorce Code. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the 2. Date and manner of service of the complaint: Acceptance of service by Mark C. Duffie, Esquire, on behalf of Defendant, dated July 16, 2002 and filed with the Court on August 8, 2002. 3. (a) the Divorce Code: (b) (1) Code: the respondent: Complete either paragraph (a) or (b). Date of execution of the affidavit of consent required by Section 3301 (c) of by plaintiff 315/04 ; by defendant 1/30/04 Date of execution of the affidavit required by Section 3301(d) of the Divorce ; (2) Date of filing and service of the plaintiff's affidavit upon 4. Related claims pending: None. 5. (a) which is attached: (b) Date plaintiff's Waiver of Notice was filed with the prothonotary: March 18. 2004 (mailed on March 17. 2004) (b) Date defendant's Waiver of Notice was filed with the prothonotary: March 18. 2004 (mailed on March 17.2004) Complete either (a) or (b). Date and manner of service of notice of intention to file praecipe a copy of Dated: March 17,2004 :J ' ..d~.KA~ ?!?!t k~ -' -Sandra L. Meilton, ttorney for Plaintiff 66738.1 ee. -;-:1 ~,,,. :-::::) C) en ", c"";;:;) = ...- ~ o j-, ::::! ~h7C r-- 0rn P~? ::=.:j~-! :J C' :~;~ ou . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . STATE OF PENNA. LISA L. MURPHY . . . 02-2875 Civil Term No. . . . VERSUS TIMOTHY M. MURPHY . . . . . . DECREE IN DIVORCE . . . . it 4~ "1M. ~ . . 1- 2004 , . . , IT IS ORDERED AND . . DECREED THAT Murphy , PLAINTIFF, . AND Timothy M. Murphy . . , DEFENDANT, . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT . . . . . . . . . . . . t J. . . . PROTHONOTARY . ~ fz? ~ ~ ~~/!(J.7/? ~ P fZ ~ b.;? /,9 M'?':Ir .' l " --,. (1 C~~ ~. ~~) o C:',:;1 c.,.:;..." C.J -'n -\ ffl C~ -~'1 \, ':....l. :.).,-' .' , Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com (..;1 .~ '-', .-) -~~. Attorneys for Defendant ~ / <'~J.) c' c;J 'r:::,' ~'l Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA L. MURPHY, v. NO. 02-2875 CIVIL TERM TIMOTHY M. MURPHY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT FOR CUSTODY AND NOW, come Defendant, TIMOTHY M. MURPHY, by and through his undersigned attorneys, Johnson Duffie Stewart & Weidner, and files this Complaint for Custody, and in support thereof avers as follows: 1. The Defendant is TIMOTHY M. MURPHY hereinafter referred to as FATHER, currently residing at 50 N. Race Street, Middletown, Dauphin County, Pennsylvania 17057. 2. The Plaintiff is LISA L. MURPHY, hereinafter referred to as MOTHER, who currently resides at 243 B. South Hanover Street, Carlisle, Cumberland County Pennsylvania 17013. 3. FATHER seeks shared custody of the following children: ISABEL MURPHY, born July 3, 1993 and MADELEINE MURPHY, born April 6, 1995. 4. The children were born in wedlock. 5. The children are presently in the primary custody of MOTHER and in the partial custody of FATHER. 6. During the children's lives, they have resided with the following persons at the following addresses: DATES PERSONS ADDRESS Timothy M. Murphy Lisa L. Murphy 226 East Emaus Street Middletown, PA 17057 July 3, 1993 - August 1997 Timothy M. Murphy Lisa L. Murphy 50 E. Race Street Middletown, PA 17057 August 1997 - February 2001 Lisa L. Murphy 2002 50 N. Race Street February 2001 - May 18, Middletown, PA 17057 Lisa L. Murphy 243 B. South Hanover Street Carlisle, PA 17013 May 18, 2002 - Present 7. The MOTHER of the children is Plaintiff, currently residing at 243 B. South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. She is currently unmarried. 8. The FATHER of the children is Plaintiff, currently residing at 50 E. Race Street, Middletown, Dauphin County, Pennsylvania 17057 He is currently unmarried. 9. The relationship of Plaintiff to the children is that of natural MOTHER. The Plaintiff currently resides with the minor children. 10. The relationship of Defendant to'the children is that of natural FATHER. The Defendant currently resides alone and with the minor children on a partial custody basis. 11. The parties did participate in a Divorce and Custody proceeding to the above captioned Docket Number. The initial Complaint in Divorce filed by MOTHER contained a Count for Custody. A custody conciliation was scheduled and continued indefinitely until such time as Dawn S. Sunday, Esquire relinquished jurisdiction of same. There are no current Orders of Court with respect to custody. 12. FATHER has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state other than what is set forth in Paragraph 11. 13. FATHER does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. The relationship between the minor children and FATHER has strengthened and grown over the past few years and should be allowed to continue to allow to grow with increased custodial time. B. FATHER can provide the economic and emotional support for the children. C. FATHER resides in a home in which the minor children lived at one time and the minor children are comfortable in this environment. D. To maximize or further equalize the time between the natural parents would be beneficial to the minor children. E. It is important that the children maintain a structured and regular relationship with FATHER and MOTHER. F. Implementation of a structured order with respect to custody would be in the best interest of the minor children. 15. The parties may reach an agreement with regard to the custody of the minor children. If so, Defendant desires that the stipulated Custody Agreement be entered as an Order of Court. 16. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, FATHER requests the Court to grant him shared physical custody and shared legal custody of the children. Respectfully submitted, JOHNSON, DUFFIE, STE By: MARK C. DUFFIE, ESQUIR EIDNER VERIFICA liON I, TIMOTHY M. MURPHY, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A 94904, relating to unsworn falsification to authorities. Date: 9- 6-06 :281022 ,- , , " .1 ~ ...\ 1- p tn. tt \) _..,~- '--~ ' . ~ \) """- ~ ~ ~ \; ?-..J ~ ~ ~ ~ ~ LISA L. MURPHY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 02-2875 CIVIL ACTION LAW TIMOTHY M. MURPHY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 19,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 25,2006 , the conciliator, at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT. By: /s/ Dawn S. Sunda Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ -r ? ~ ~ lJ(}'rJe-b ~-F-*-~~ p:2 ~ ~~ ~~Ot'~f; ~ F?-~4;-r'9 ?r?-a;>-/J YlNVAlASNN3d AlNno'J'}t,;'\i1838ma 9 S :6 WV OZ d3S 900l AtNIONOHlOl:Jd 3Hl:lO 3:)I:Ho-a311:1 " . .. IV LISA L. MURPHY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-2875 CNIL ACTION LAW TIMOTHY M. MURPHY Defendant IN CUSTODY ORDER OF COURT AND NOW, this !l (-l day of ~ov. ' 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Lisa L. Murphy, and the Father, Timothy M. Murphy, shall have shared legal custody ofIsabel Murphy, born July 3, 1993, and Madeleine Murphy, born April 6, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, a.ll decisions regarding their health, education, and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody ofthe Children. 3. The Father shall have partial physical custody ofthe Children on alternating weeken4s from Friday at 3:00 p.m. through Sunday at 7:00 p.m. ifthe Father is not taking the Children to Sunqay evening church services, or at 8:30 p.m. ifthe Father is taking the Children to evening church services. In addition, the Father shall have custody on one weekday evening each week, which may be scheduled to coincide with the Children's activities, upon notice to the Mother on the preceding weekend, or ifthere are no scheduled activities during the week, the weekday period of custod~ shall be on Wednesday from 6:00 p.m. until 8:00 p.m. 4. During the Summer school break, each parent shall have custody of the Children for four weeks, with no more than two weeks to be scheduled consecutively. The school year scheduld shall resume with the Mother having custody two weeks before the beginning of the school year. 5. The parties shall share having custody of the Children on holidays as follows: A. Christmas: In 2006, the Mother shall have custody ofthe Children from aft~r school on December 23 through December 27 at noon, and the Father shall have custody from Dec~mber 27 at noon through 7:00 p.m. on the day before school resumes. In future years, the parties sh.tU divide I the Children's Christmas school break so that the Father has custody over Christmas Eve andiDay and the remainder is divided by mutual agreement. ZS:OI IHi L- j\ n"'Q7. ')If J AtlV1C)i\:~,> ::J}-il :h) 3:)U:C-CJ31H t" . ..,. B. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from Wednesday one-half hour after school is over through Thanksgiving Day at 8:00 p.m., and Segment B, which shall run from Thanksgiving Day at 8:00 p.m. through Friday at 8:00 p.m. In even numbered years, the Father shall have custody during Segment A and the Mother shall have Segment B. In odd numbered years, the Mother shall have custody during Segment A and th~ Father shall have Segment B. e. Easter: The Easter holiday shall be divided into Segment A, which shall rpn from one-half hour after school ends before the holiday through Saturday at noon, and Segment B, which shall run from Saturday at noon through 7:00 p.m. on the evening before school resumes. In even numbered years, the Father shall have custody during Segment A and the Mother shall have '\custody during Segment B. In odd numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. I D. Alternating holidays: In even numbered years, the Father shall have custody of the Children for Memorial Day, Labor Day and Presidents' Day and the Mother shall have cus ody for Independence Day and Columbus Day. In odd numbered years, the Mother shall have custod of the Children for Memorial Day, Labor Day and Presidents' Day and the F ather shall have cus ody for Independence Day and Columbus Day. The Columbus Day and Presidents' Day holidays s all run from Sunday at 6:00 p.m, through Monday at 6:00 p.m. The Memorial Day and Labor Day olidays shall run from Sunday at 6:00 p.m. through the evening of the holiday at a time to be arr ged by agreement. T he Independence Day holiday shall run from July 3 at 6 :00 p.m. through Jul 5 at a mutually agreed time. I E. Mother's D ayIFather's Day: The Mother shall have custody of the Chilhren on Mother's Day and the Father shall have custody on Father's Day, with the exchange tim~s to be arranged by agreement. i F. The holiday custody schedule shall supersede and take precedence over the I regular custody schedule. i 6. This Order is entered pursuant to an agreement of the parties at a custody conJiliation conference. The parties may modify the provisions of this Order by mutual consent. In the ab~ence of mutual consent, the terms ofthis Order shall control. BY THE COURT, J/~ J. cc: Mark C. Duffie, Esquire - Counsel for Father Samuel L. Andes, Esquire - Counsel for Mother ~.~ I/-{) ., - 0 f., C)..,. II" ... LISA L. MURPHY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V~NIA I ! vs. 02-2875 CIVIL ACTION LAW TIMOTHY M. MURPHY Defendant IN CUSTODY Prior Judge: none CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is t he subject of this litigaf on is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY 0 Isabel Murphy Madeleine Murphy July3, 1993 April 6, 1995 Mother Mother 2. A Custody Conciliation Conference was held on October 25, 2006, with the Ii llowing individuals in attendance: The Mother, Lisa L. Murphy, with her counsel, Samuel L. Andes and the Father, Timothy M. Murphy, with his counsel, Mark C. Duffie. 3. The parties agreed to entry of an Order in the form as attached. () cA-v~ d-JI d-odf , Date Dawn S. Sunday, Esquire Custody Conciliator