Loading...
HomeMy WebLinkAbout02-3094Johnson, Duffle, Stewart & Weidner By: Mark C. Du~e I.D. No. 75906 301 Market Street P. O. Box 109 Lcmoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PAMELA S. MURRAY, Plaintiff V. BRIAN M. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O,~O~J~ CIVILTERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT,~ 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 pages 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 mardage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyn¢, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PAMELA S. MURRAY, Plaintiff BRIAN M. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O:~ ..~t./ CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 330'1(q} OR 3301(d} OF THE DIVORCE CODF AND NOW, comes the Plaintiff, Pamela S. Murray, by and through her attomeys, Johnson, Duffle, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Brian M. Murray: 1. The Plaintiff is Pamela S. Murray, an adult individual, residing at 1550 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is Brian M. Murray, an adult individual, residing at 1550 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on February 17, 2001 in Camp Hill, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of mardage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301 (c) or Section 3301(d) of the Divorce Code. :151957 'Mark C. Duffie C/ (/ VERIFICATION I verify that the statements made in this Divorce Complaint 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 §4904, relating to unsworn falsification to authorities. Date: Pamela S. Murray Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lcmoync, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PAMELA S. MURRAY, Plaintiff V, BRIAN M. MURRAY, Defendant : IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PAMELA S. MURRAY, being duly sworn according to law, deposes and says: 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 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: Pamela S. Murray Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PAMELA S. MURRAY, Plaintiff V. BRIAN M. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3094 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVlT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 27, 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 ~n 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. §4904 relating to unsworn falsification to authorities. Date: to /Iq {o Pamela S. Murray, Plaintiff Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoync, Pennsylvania 17043-0109 (7]7) 76]-4s40 Attorneys for Plaintiff PAMELA S. MURRAY, BRIAN M. MURRAY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3094 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODI- TO: PAMELA S. MURRAY, Plaintiff 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:. Pamela S. Murray, Plaintiff Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PAMELA S. MURRAY, BRIAN M. MURRAY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3094 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVlT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 27, 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 ~n 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. {}4904 relating to unsworn falsification to authorities. Date: Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lcmoync, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PAMELA S. MURRAY, Plaintiff V. BRIAN M. MURRAY, De~ndant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3094 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE COD[- TO: BRIAN M. MURRA Y, 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. Brian M. Murray, ~r~fendant Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PAMELA S. MURRAY, Plaintiff V. BRIAN M. MURRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3094 Civil Term CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICF I, MARK C. DUFFLE, hereby certify that on the 6th day of July 2002, I served a true and correct copy of the Complaint in Divorce upon the Defendant, Brian M. Murray, by certified mail, restricted delivery, to his mailing address at 1550 Bridge Street, Apt. B, New Cumberland, Cumberland County, Pennsylvania 17070, return.receipt requested, attached hereto and made a part hereof. Dated: :164616 Respectfully submitted, JOHNSON, DUFFLE, STEWART & W/~IDNER M~k C. Duffle L~' ~ ../ Attorney I.D. No. 75906/ Attorneys for Plaintiff · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: LAW OFFICES ')NSON, D FFIE, STEWART & ~,VE1DNER 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 A. Received by (P/ease Print C/ear/y) C. Signature X ~ " ~ [] Agent D. Is delivery address different'from gm ~ ¢ '[~rYes If YES, enter delivery address below: [] No 3..Service Type ~,; Certified Mail [] Registered [] Insured Mail [] Express Mail ;.. Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) m Yes 2. Article Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PAMELA S. MURRAY, BRIAN M. MURRAY, Plaintiff Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3094 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: decree:Transmit the record, together with the following information, to the Court for entry of a divorce Ground for divorce: Irretrievable breakdown under {}3301(c) of the Divorce Code. Date and manner of service of the Complaint: Certified copy sent by Certified Mail, restricted delivery to Defendant and received by Defendant on July 6, 2002. A Certificate of Service is filed concurrently herewith. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: October 19, 2002; by the Defendant: October 19, 2002. Related claims pending: ~ Both Plaintiff and Defendant filed Waivers of Notice of Intention to Request Entry of Divorce Decrees dated October 19, 2002. Dated: :165093 Respectfully submitted, JOHNSON, DUFFiE, STEW~Ai~_ WEIDNER Mark C. Duffieb I Attorney I.D. No. ~5906 Attorneys for Plaintiff PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this ~'"' day of October, 2002, by and between PAMELA S. MURRAY, residing at 325 Hummel Avenue, Rear - Second Floor, Lemoyne, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE," and BRIAN M. MURRAY, residing at 1550 Bridge, Street Apartment B, New Cumberland, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND." WITNESSETH: WHEREAS, the parties were lawfully married on February 17, 2001, and separated on or about August 2, 2002; and WHEREAS, the parties are desirous of settling their existing property rights including an amicable equitable distribution, assignment and division of their property, which property is considered to be "marita property" as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted into law on February 12, 1988; and NOW THEREFORE, in consideration of the promises and the mutual undertaking herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: interference, unmarried. Separation. The parties shall hereinafter live separate and apart. Each shall be free from authority, and control, direct and indirect, by the other as if he or she were single and 2. Control of Agreement The provisions of this Property Settlement Agreement shall !govern all past, present, and/or future claims for alimony, support, counsel fees and costs, alimony pendente lite, equitable distribution, or other property rights, and all other claims which the WIFE or HUSBAND has or might have against the other except as set forth hereinafter. 3. Divorce. WIFE has filed a Complaint in Divorce against HUSBAND in the Cumberland County Court of Common Pleas. The parties acknowledge that their marriage is irretrievably broken and that they have been separated since approximately August 2, 2002. Simultaneously with the execution of this Agreement, the parties agree to sign and promptly file any and all documents necessary to ,obtain a Divorce Decree, including but not limited to, Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under §3301(c) of the Divorce Code. The parties int,end that this Agreement shall be incorporated but not merged into any forthcoming Decree in Divorce, such that it shall survive as a separate, enforceable contract, which is not subject to modification unless otherwise indicated. 4. Real Property. The parties acknowledge that they do not own real property. 5. Em_Dloyee, Pension, and Retirement Benefifc. Each party shall retain any pension or retirement benefits in their respective names. The other party hereby effectively waives any right, title, or interest he/she may have had to the other party's pension or retirement benefits. Each party agrees to sign any and all documentation necessary to give effect to the provisions of this paragraph. 6. Personal Pro ert . The parties have acquired certain personal property during the course of their marriage and hereby acknowledge and represent that such personal property has been divided to their mutual satisfaction except as otherwise set forth herein. Those items set forth herein shall be divided accordingly. All other items of personal property that are not set forth herein have already been divided to the parties mutual satisfaction. 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 possession or under the control of the other due to division under mutual satisfaction as well as division set forth below. Furthermore, each party agrees to waive any right, title, and/or interest they may have to the property in the possession of the other. Should it become necessary, the parties each agree to sign upon request, any titles or documents necessary [o give effect to this paragraph. 7. Automobiles. The parties hereto own several automobiles, each of which is set forth herein and divided as designated: The 1998 Pontiac Sunfire in WIFE's Grandfather's name shall become the sole and separate property of WIFE, free and clear of any right, title, and/or interest that HUSBAND may have. WIFE shall be responsible for any liens or encumbrances thereon and hold HUSBAND harmless from said obligation. The 1992 Oldsmobile Cutlass and the Chevy S-10 Pickup in HUSBAND'S name shall become the sole and separate property of HUSBAND, free and clear of any right, title,, and/or interest that WIFE may have. HUSBAND shall be responsible for any liens or encumbrances thereon and hold WIFE harmless from said obligation. Each party agrees to waive any right, title, and/or interest he or she may have in the vehicle of the other as set forth herein, and will promptly sign within ten (10) days of the other party's request any and all documents necessary to effectuate the provisions of this paragraph, including vehicle titles. Any joint encumbrance in existence shall be the sole and separate responsibility of the person to whom the vehicle has been transferred, as set forth herein. 8. Bank Accounts. Any and all bank accounts in the parties' joint names which existed at separation have been previously divided to both parties' mutual satisfaction. The parties acknowledge that they have closed any joint accounts and removed the other party's name from the account so that there are no joint accounts remaining in existence. Furthermore, each party agrees to waive any right, title or interest he or she may have in any individual bank account of the other. 9. Credit Card D bt. During the course of the marriage, the parties may have accrued marital and/or non-marital debt on credit cards which are held in separate names. Any credit card debt shall be the sole and separate responsibility of the cardholder, and that person shall indemnify and-hold-[he~other harmless with respect to any and all liability in connection with the same. Spe[~t~, th,..~e p~ita~One in HUSBAND'S name shall be the obligation of HUSBAND regardless if the' d~bt wa~s~'~n~~ marriage, during marriage or after separation. HUSBAND shall hold WIFE harmless from said obligation. 10. Miscellaneous Debt. Any debt not specifically listed in this Agreement shall be the sole and separate responsibility of the party who incurred it. 11. Alimony Pendente Lite (APL)/Spousal Support/Alimony. The parties agree thai: neither party shall pay any monies representing Support, Alimony or Alimony Pendente Lite and each party, by executing this agreement hereby waives their right to receive the same now or in the future. ~_ .12. Custodv/chdd suoDort. W FE shall have primary physical custody of the minor child Z.o.~:.i4<;v' ~ - - - Z-~c,,he,W Ryan Murray HUSBAND shall have periods of visitation at the d scretion of the parties USBAND agrees to share in the daycare expense and cost (i.e. diapers, supplies etc.) effective upon the signing of this agreement. WIFE specifically reserves the right to file for an increase in child support at any time or for any reason. 13. Health Insurance. Each party shall provide their own health insurance. 14. Taxes. Each party shall file individually beginning with the 2002 tax year. There are no outstanding income tax refunds to be issued or income taxes to be paid by either party as of the date of this agreement. Neither party has received any notice with regard to unpaid income taxes. All federal, state and local income taxes owing prior to 2002 are paid in full. 15. Agreement Executed Voluntarily and Clearly Understood, Each party to this Agreement acknowledges and declares that he or she respectively: If fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; Enters into this Agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind; C. Has given careful and mature thought to the making of this Agreement; D. Has carefully read each provision of this Agreement; Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement. 16. Release of All Claim~. Each party releases the other from all claims, liabilities, debts obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 17. Holding Other Party Free and Harmles.~. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or may be liable. If any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom. 18. Additional Instrument,~. The parties shall, on demand, execute and deliver to thE; other any document, and do or cause to be done, any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 19. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is satisfied with the financial disclosures made from the other. The parties acknowledge that although within their right to request, no formal discovery was done in this case, and that they are satisfied with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and any further enumeration or statement thereof in this Agreement is hereby specifically waived. The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure, with the exception of disclosures that may have been fraudulently withheld. The parties specifically acknowledge that they have been advised by their individual counsel of their right to seek such discovery, however have elected to waive the same Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto, and understand that this Agreement shall not be subject to modification by the Court. 20. Representation of the Parties, WIFE is represented by Johnson, Duffle, Stewart & Weidner in connection with the negotiation and preparation of this Agreement. HUSBAND is unrepresented in connection with the same. HUSBAND has been advised of his right to counsel. Each party has carefully read this Agreement and is completely aware not only of its contents but also of its legal effect. Each party acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal Agreement and/or Agreements. 21. Waiver of Rights to Other Party's Estate. Except as provided for herein, HUSBAND and WIFE each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E. To claim a family allowance in the estate of the other. 22. Containment of Entire Agreement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. 23. Partial Invalidity. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 24. Effect of Se_Daration. Reconciliation, Cohabitation or Divorce Decree, The terms of this Agreement shall be incorporated, but not merged, into any Divorce Decree which may be entered with respect to the parties. This Agreement shall survive any such final judgment or Decree of Divorce. Botl- parties shall have all rights and enforcement under applicable law including the Pennsylvania Divorce Code. This Agreement shall also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation. 25. Modification. This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a writing between both parties evidencing their intent to modify the Agreement. 26. No Waiver of Default. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon stricl 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. 27. Attorneys Fees and Expenses. Each party shall be responsible for their own attorneys fees and expenses. 28. Mutual Cooperation/Breach of Agreement. Each of the parties shall, on demand, execute and deliver to the other, any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, or breaches the terms of this Agreement in any way, the breaching party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of attempting to enforce this Agreement. 29. ~. Each of the parties acknowledges and agrees that with respect to the liabilities each is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended t'or such party's maintenance and support or for the maintenance and support of such party's dependents. Should either party file a Petition under Title XI of the United States Code, or should a petition be filed against either involuntarily, each party acknowledges and agrees that the obligations under the terms of this Agreement shall be satisfied in full and shall not be discharged in the bankruptcy. Furthermore, in the event a discharge is forthcoming, the discharge of the debtor party's obligations under this Agreement shall not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party. 30. Law of Pennsylvania A_~_~licab!c. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 31. Date of A reement. The effective date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise, the effective date will be the date that both parties execute the Agreement if they execute on the same date. 32. Successors and Assigns. This Agreement, except as otherwise expressly provided herein shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors administrators, assigns and successors and interest of the parties. IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. Pamela S. Murray Brian M. Murray :163679 IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF PENNA. PAMELA S. MURRAY VERSUS BRIAN M. MURRAY No. 02-3094 Civil Term DECREE IN DIVORCE AND NOW, DECREED THAT AND 2OO2 , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, Pamela S. Murray Brian M. Murray ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Property Settlement Agreenmnt dated October 9, 2002, shall be incorporated, but not merged, into this Decree in Divorce. BY THE COURT: J. oZ/. ATTEST j. :~OTH ONOTARY