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Home My WebLink About97-01086 ANNE M. WEAVER MORROW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 17- /D5~ ~~ ERIC T. MORROW, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT UD HOW, ~ 11131 1997, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Mirl,,{'j~lL,..J~:1(")Js:.., Esquire, the conciliator, at ~,~, 18~.~t" MC"d~lr1IC\h 1f5 ' Pennsylvania, on the ~ day of Apri \ 1997, at h _ _ o'clock Q.....m., 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. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COU.lT, BY ~/J;-~) "" Cu ody conCl'ilator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO HOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET PORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 ANNE M. WEAVER MORROW, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. <) 7. /()f(. ~ -c...... CIVIL ACTION - LAW IN DIVORCE v. ERIC T. MORROW, Defendant NOTICB OF AVAILABILITY OF COUNSBLING TO: Eric T. Morrow, Defendant 420 Reno Avenue New Cumberland, PA 17070 You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the domestic Relations Office, 13 North Hanover street, carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I Request for a no-fault divorce under S 3301(C) of the Divorce Code 8. The prior paragraphs of this complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to S 3301 of the Divorce Code. COUNT II Request for equitable distribution of marital property under S 3502(a) of the Divorce Code 10. The prior paragraphs of this complaint are incorporated herein by reference thereto. 11. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to S 3502(a) of the Divorce Code. -2- COUNT III Request tor confirmation of custody under SS 3104(a) (2) and 3323(b) of the Divorce Code 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The parties are the parents of the following unemancipated children who reside with Plaintiff and Defendant. NAME AGE SEX DATE OF BIRTH Lance Todd Morrow 5 Laura Ilene Morrow 3 F 07/01/91 09/22/93 M 14. During the past five years, the children have resided with the parties and at the addresses herein indicated: FROM TO WITH WHOM ADDRESSES 8/93 present Plaintiff and 420 Reno Avenue Defendant New Cumberland, PA 4/91 8/93 Plaintiff and 100 N. Washington st. Defendant Mechanicsburg, PA 15. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 16. There are no other proceedings pending involving custody of the children in this or any other state. -3- ANNE M. WEAVER MORROW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1086 civil vs. . . ERIC T. MORROW, Defendant NOTICE TO: Eric T. Morrow, Defendant 420 Reno Avenue New Cumberland, PA 17070 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 Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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 TAItE THIS PAPER TO YOUR LAWYER AT ONCE. IP YOU DO NOT HAVE A LAWYER OR CANNOT APPORD ONE, GO TO OR TELEPHONE THE OPPICB SET PORTH BELOW TO PIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 ~~ ~ ~\,"J o ~ \~,~\\&\\ ~\J.\\01\_\"'\ \\,\\(~ C\ 1\<;,,\,,(.: ," ' l'\~ ;. <,""\ \"'" ". v\ \ '. ''', \.'"'' ". ,:\ \ . <~) \' '~$('~t\\\ \:)").\" 0{}\'r:\',~ ANNE M. WEAVER MORROW, Plaintiff VB. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1086 civil . . ERIC T. MORROW, Defendant . . AMENDED COMPLAINT IN DIVORCE 1. The Plaintiff is Anne M. Weaver Morrow, an adult individual currently residing at 420 Reno Avenue, New Cumberland, Cumberland County, Pennsylvania since 1993. 2. The Defendant is Eric T. Morrow, an adult individual with a current mailing address of 420 Reno Avenue, New cumberland, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this complaint. 4. The Plaintiff and Defendant were married on June 25, 1988 in New Cumberland, Cumberland County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soliders' and Sailors' civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I Request for a no-fault divorce under S3301(c) of the Divorce Code 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to S3301 of the Divorce Code. I , I COUNT II Request for a divorce on the grounds of adultery pursuant to S3301(a) (2) ot the Divorce Code 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Defendant has committed adultery during the last two (2) years of the marriage. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to S3301(a) (2) of the Divorce Code. COUNT III Request tor equitable distribution of marital property under S3502(a) ot the Divorce Code 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. -2- WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution or martial property pursuant to S3502(a) of the Divorce Code. COUNT IV Request for confirmation ot custody under SS 3104(a) (2) and 3323 (b) ot the Divorce Code 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. The parties are the parents of the following unemancipated children who reside with Plaintiff and Defendant. NAME AGE SEX DATE OF BIRTH Lance Lance Todd Morrow 5 M Laura Ilene Morrow 3 F 07/01/91 09/22/93 16. During the past five years, the children have resided with the parties and at the address herein indicated: FROM TO WITH WHOM ADDRESS 4/97 Present Plaintiff 420 Reno Avenue New Cumberland, PA 8/93 4/97 Plaintiff and 420 Reno Avenue Defendant New Cumberland, PA 4/91 8/93 Plaintiff and 100 N. Washington st. Defendant Mechanicsburg, PA 17. Plaintiff has not participated in any other 11 tigation concerning the children in this or any other state. -3- ANNE M. WEAVER MORROW, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-1086 CIVIL v. ERIC T. MORROW, Defendant CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this -Z:J day of V~ , 1997, a rule is issued upon Defendant to show cause why the relief requested,within cvl- c_ ~""""'" .u,.. should not be ~~ped.\ Ru),e returnab~e -'" days fJ;om dat:~-9i CA,ru-.)... ~ _ '",{,(.v(,.J.,. It-,,,,,.X L.ut-'.....~ Yrv' L }U1.I..) s~-of 1:hi,s. Order. '^ ^_ . -'}/ J '''l j '_. _ Inn 7 ~ J ~..M.;:J/A .\ 1.i,WHij I vt"'l ~- ..... ~. , o.7t(."Q y . ' l.....(J j. 7 -, I <t,)<; ) BY THE COURT:, ,_/ "':;.3Vpltl. . );/'" L4~ ( , J. / ,..., .n ."') ...1 .1 -., ~ '! r ,1 J , '] J ..,' q - J , , ) . ;;~ 'J ) .' ., ,.. c~ . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-1086 CIVIL ANNE M. WEAVER MORROW, Plaintiff ERIC T. MORROW, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION FOR INTERIM EXCLUSIVE POSSESSION OF MARITAL RESIDENCE PURSUANT TO S 3502(c) OF THE DIVORCE CODE AND FOR FINANCIAL CONTRIBUTION FROM DEFENDANT PURSUANT TO S3323(f) OF THE DIVORCE CODE AND NOW, comes Petitioner, Anne M. Weaver Morrow, by and through her attorneys, Ramona C. Cataldi, Esquire, and Metzger, Wickersham, Knauss & Erb, P.C., and files the within Petition, and in support thereof, avers as follows: 1. Petitioner is Plaintiff in the above-captioned divorce action. Petitioner and the parties' children reside at the marital residence, 420 Reno Avenue, New cumberland, Cumberland county, Pennsylvania. 2. Respondent is Defendant in the above-captioned divorce action. Defendant resided at the marital home until Saturday, April 6, 1997. 3. The parties hereto were married on June 25, 1988 in Cumberland county, Pennsylvania. The parties are the parents of the following unemancipated children who reside with Petitioner: (1) Lance Todd Morrow, (born 7/1/91) and 2) Laura Ilene Morrow (born 9/22/93). 4. On or about February 28, 1997, Petitioner filed a Complaint in Divorce in Cumberland county, Pennsylvania. 5. The marital home, where the parties' children have resided exclusively since 1993, is owned by the parties as tenants by the entireties. 6. section 3502(c) of the Divorce Code states that "[t)hat court may award during the pendency of the action or otherwise to one or both the parties the right to reside in the marital residence." 7. section 3323(f) of the Divorce Code states that "[i]n all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 8. The marital home is the only home the parties' children have ever known. 9. The mortgage on the marital home is approximately $563.37 per month. Although Petitioner filed for support and has received a support order of $200 per week from Domestic Relations, she has not yet received a support payment. arrive, without by the 10. Even when the anticipated support starts to Petitioner is unable to maintain the marital home additional financial contribution toward the mortgage Respondent. 11. Without financial contribution from Respondent toward the mortgage of the marital home, Petitioner will be forced to allow the home to go into default, and the asset will no longer be preserved. 12. Unless Petitioner and the parties' children are permitted to stay in the marital home, the mental and emotional health and welfare of Petitioner and the children will be compromised. 13. Petitioner has been the primary caretaker and nurturer of the parties' children from the time of their births to the present. 14. An order of financial contribution toward the marital home mortgage by Respondent will avoid dest~uction of marital property, as well as uprooting of the parties' children from not only the marital home, but also the social and community setting in which they were thriving. 15. Respondent chose to leave the marital home and was planning to move on or about May 1. However, on Saturday, April 5, 1997, Respondent left the home at petitioner's request after she learned that Respondent has been carrying on an adulterous affair with a co-worker for approximately two (2) years. Subsequently, on the same day, the following events occurred while the children were at the marital home: a. Respondent's lover is married, and her husband learned of the affair and headed toward the parties' marital home wielding a gun, with the intent of shooting Respondent. b. Respondent's lover informed the police and the police came to the parties' marital residence to warn them that the angry husband was on his way. c. The angry husband was arrested for violations of firearms laws and is awaiting hearing. d. Due to Respondent's reckless conduct, he has created an atmosphere which is unsafe and immoral for the children, and it is in t , r ~ , CBRTIPICATB OF SERVICE AND NOW, this ~ day of 199..~, I, Ramona c. I ' Cataldi, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served the foregoing Petition for Interim Execlusive possession of Karital Reei4ence pureu.nt to 53502(C) of the Divorce Co4e .n4 for pin.ncial contribution from Defen4ant Pursuant to 53323(f) of the Divorce Co4e this day by depositing same in the united states mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Kenneth A. Wise, Esquire 126 Locust street P.O. Box 11489 Harrisburg, PA 17108-1489 \ I' / '- / ' - " /" Ramona C. (" ,/'1 ,:" , .i, f,' , ,/'-' .~,- , \ ~.'. .... ~ . cataldi, Esquire ;,~, >- C:l r.: r.-; II: I!- III! (~: () Ji.: ~. ;...:.~ " f.~) ~ .:"*) (""It , llr' rz:: ' o. ., -, " i- -, ... r-, :,,; U Q"l Cj