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HomeMy WebLinkAbout99-03763i i i rs? •w• .? • :r,• t. • •:?: •:? • tr.• :???• <c• •;e• :e• ce_ _?.:? • ce• •:e• :a :• :? •:? <av:>s•. ? • :?: :ti• ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. A • Jenifer A. Morrison, Plaintiff \'tt,,,_99-3763 ... XJ9 David W. Morrison, Defendant BV DECREE IN DIVORCE AND NOW,.. .1?...1,...... x .1'YlA it is ordered and i i i? i i I decreed that .....Jenifer.A..Morrison .........................• plaintiff, and .............. Dayid, K.. Morrison, ........................ , defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; "V OA" The ,Pro.Perty settlement Agreement .3,S incorporated .but not merged.into... . i decree. :,w •W1 •;s:: •n:• Attea v R i i i R J. I? ,ry d471 : \ G:f IE IKI?'[ P N T' THIS IS AN AGREEMENT made this 91b- day of 1)e iY ?D ,i , 2000, by and between David W. Morrison, of 1233 Crottlestown Road, Chambershurg, Franklin County, Pennsylvania, (hereinafter referred to as Husband) and Jenifer A. Morrison, of 72 Marsh Drive, Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as Wife). WHEREAS, Husband and Wife were married on November 16, 1996, in Cumberland County, Pennsylvania; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart since December 31, 1993; and WHEREAS, the parties have agreed to maintain separate and permanent domiciles and to live apart from each other; and WHEREAS, the parties desire to enter intc, an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1930, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: 1. SEPARATION. The parties agree that it shall he 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 be free from interference, authority or 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 and as may be necessary to exchange information that pertains to the parties' minor child. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart, from the other. 2. AUTOMOBILES. Husband shall have as his sole and exclusive property, title to and possession of the 1994 Toyota Pickup. Wife shall have as her sole and exclusive property, title to and possession of the 1992 Honda Accord. Wife shall be responsible fir any fees tier the defaulted lease on the 1997 Toyota Corolla. Each party shall indemnify and hold the other harmless from and liability on any loan encumbering the vehicle, cost of repairs, maintenance, registration, insurance and/or inspection of the vehicle which each is taking as his/her sole and exclusive property. 3. PERSONAL PROPERTY. The parties have divided or have agreed to a division of their personal property which includes bank accounts, certificates of deposit, life insurance policies, jewelry, clothing, fumiture and other personal items. After the aforesaid division of the personal property is complete, any and all property in the possession of Husband shall be his sole and separate property. Any and all property in the possession of W itc shall be her sole and separate property. Each party forever renounces whatever claims he/she may have with respect to the property which the other is taking. Each party understands that he/she has no right or claim to any property acquired by the other after the signing of this Agreement. 4. PENSION/RETIREMENT PLANS. Wife hereby releases any and all claims or demands she may have on Husband's pension or retirement plans. Husband hereby releases any and all claims or demands he may have on Wife's pension or retirement plans. 5. DEBTS. Wife shall be responsible for any outstanding medical bills that she incurred during the marriage. The parties represent and warrant to each other that neither has incurred any other debts nor made any other contracts for which the other or his/her estate may be liable, from date of separation forward. Neither party shall contract nor incur any debt or liability for which the other or his/her property or estate might be responsible and agrees to indemnify the other from any claims made against the other because of debts/obligations not incurred by the other. 6. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or spousal support. 7. CHILD SUPPORT. Husband shall have insurance coverage for the parties' minor child at all times. Wife shall receive $300.00 monthly from Husband for support for the minor child. 8. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution by the parties if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 2 9. DIVORCE. A Complaint in Divorce, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of'Section 3301(c) of the Pennsylvania Divorce Code, was filed with the Prothonotary of Cumberland County on June 22, 1999. Both parties agree to execute any and all affidavits or other documents necessary fin- the parties to obtain an absolute divorce pursuant to Sections 3301(c) of the Divorce Code including waiver of all rights to request Court ordered counseling. 10. INCORPORATION INTO DECREE. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country, or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive anyjudgment and to be forever binding and conclusive upon the parties. IL MUTUAL RELEASE. Husband and Wifc do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other, the estate of'such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel tees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 12. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility fbr legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees. 13. 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 or documents that may be reasonable required to give full force and effect to the provisions of this Agreement. 14. MODIFICATION OR 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 the 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. 15. 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. 16. SEPARATE PARAGRAPHS. It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 17. BREACH. 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 the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 18. CONTROLLING LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 19. INVALIDITY OF PROVISIONS. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. 20. BINDING NATURE. Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS w i-4:a? David W. Morrison COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this °? 1 day of 2000, before me personally appeared David W. Morrison, to me k wn to be the person described in and w executed the foregoing instrument, and acknowledged that he executed the me as his free act and deed. Notary Public NOTARIAL SEAL CLARE R. ELDER, Notary Public Chambersburg, Franklin COUnry My Commission Expires Jan.9, 2001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this l> T'? day of ! 1) V e uLa)> , 2000, before me personally appeared Jenifer A. Morrison, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. / n I IAR A Jza--4? Notary Public Nntarlal Seal Niven J. Ravd, Not?.ry Public Corlisla Roro, Cumberlantl County My Commission E, "a' Nov. 2, 212 I lnmrs, i' ar n:;• ?- - •'or!of Nolanos >- c.> i?- c; ' .?. .: ?. r -, ?. ,: •_ ? 'i <. i; ' n ? i.;' ?? l L ? ? r,-} ? 1.? C.7 CJ JENIFER A. MORRISON, Plaintiff V. DAVID W. MORRISON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION - LAW NO. 99- 3763 CIVIL TERM IN DIVORCE. PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified and Return receipt requested, June 24, 1999. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: November 8, 2000; by Defendant: November 8, 2000. 4. Related claims pending: None 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 13 tXi Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: I I , 13 .6"b 2indsa?y Dar aird, Esquire Attorney for the Plaintiff je. i I44 i5 i 5 I T ?O xn I •koi 7 fo7f4amow wn168. I also wish to receive the sn s, 4¦, and 4b. following services (for an o#na om rW.ddm. new extra fee): brm 3 A W IM has oil the m.??r (?14- 1k?F01 Wlhd 1. 0 Addressee's Address nR•a/pf Req?u M?M r I 2. ?RBSirIMed Delivery ROWWOPI will Receipt wl0. on WhQ I 4•N ba b l Ql G77 l'?1 C>'vr_S c?? la 83 Cah`G ?rn? t / C/wllt&tskKr J / ?-P&7 , December 1994 Consult postmaster for fee. 4a. Article Number ?oi3 27733y 41b. Service Type ? Re istered kCerdil ' g ? Express Mail ? Insured WIRstum Receipt for Merchandise ? COD 7. Date of Delivery -Z dl-99 I S. Addressee's Addre (Only If requested 'r and fee Is paid) ' rr • ? C ? . nat. r.:. cJ .?>..e i., '> i,l . r;_ I' ' ? f:J a - '._l U JENIFER A. MORRISON, Plaintiff V. DAVID W. MORRISON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO.99-,3?63 CIVIL TERM : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office 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 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, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 JENIFER A. MORRISON, Plaintiff V. DAVID W. MORRISON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 99- CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff, Jenifer A. Morrison, by her attorney, Lindsay D. Baird, Esquire, sets forth the following: Plaintiff, Jenifer A. Morrison, is an adult individual residing at 72 Marsh Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2 Defendant, David W. Morrison, is an adult individual residing at 1283 Crottlestown Road, Chambersburg, Franklin County, Pennsylvania 17201. 3 The parties were married on November 16, 1996 in Cumberland County, Pennsylvania.. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. 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. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. dsay D. Bair , quire Attorney for th aintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unswom falsification to authorities. I r A n n J?nifer A. Morrikon LL" u: L?. II) O1 CJ O i O JENIFER A. MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. : CIVIL DIVISION - LAW DAVID W. MORRISON NO. 99- 3763 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the Defendant, June 24, 1999, by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return receipt evidencing delivery being attached hereto. Said service on June 24, 1999. Li dsay D. Bai d squir Itomey for Plaintiff 37 South Hanover Street Carlisle, PA 17013 717 - 243-5732 Sworn and Subscribed to before me this g*a day of NVeWUA , 2000. Notary Public Notarial Seal lJlven J. Baird, Not=ry Public t ar{ielo Boro, Cumberlano Gou2ttye2 +d? Compassion Expires Nov. 2, L" ww,t :.W"-n'.-ns1 3,1ss o,alion of Notaries C ^ tel: 1 L1 ?s !ri f,7 ?l Jcnifcr A. Morrison, IN THE COURT OE COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 99- 3703 CIVIL TERM David W. Morrison, : IN DIVORCE Dcfcndant AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on June 22, 1999. 2. Defendant acknowledged receipt and accepted service of the Complaint on June 24, 1999. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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: II U 4A e ifer A. M rrison, Plaintiff ?J ?? rn CD i -l f,.7 Jcnifcr A. Morrison, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 99- 3763 CIVIL TERM David W. Morrison, IN DIVORCE D&ndant AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on June 22, 1999. 2. Defendant acknowledged receipt and accepted service of the Complaint on June 24, 1999. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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: w C?-t I-,- David W. Morrison, Defendant ?. ?., ,,, ?; .r.. =? - _- JENIFER A. MORRISON Plaintiff V. DAVID W. MORRISON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 99- 3?63 CIVIL TERM : IN CUSTODY ORDER AND NOTICE AND NOW, TLtilE a ti, 1999, upon consideration of the attached complaint, it is hereby dir ted that the parties and their respective counsel appear before Y. C' the conciliator, at "h b r on the day of ,1999, at j " J L m., for a Pre-Hearing Custody Conference. At such co erence, 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. FOR THE COURT, By' I I Custody Conciliato r?J The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 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 cc: Lindsay Baird, Esquire David W. Morrison (071cdj6zla / _r G b7?f 9"i 710'' ce ,r+a? ? Ct2? . JENIFER A. MORRISON : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99- CIVIL TERM DAVID W. MORRISON, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Jenifer A. Morrison, residing at 72 Marsh Drive, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is David W. Morrison, residing at 1283 Crottlestown Road, Chambersburg, Franklin County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Sage S. Morrison 72 Marsh Drive, Carlisle, PA 2 The child was not born out of wedlock. The child is presently in the custody of mother who resides at 72 Marsh Drive, Carlisle, Pennsylvania 17013. During the past two years, the child has resided with the following persons and at the following addresses: Person Address Dates Jenifer A. Morrison 72 Marsh Drive, Carlisle, PA 12/31/98-Present Jenifer and David Morrison 3710 Boyer Road, Chambersburg, PA 5/7/97-12/31/98 The mother of the child is Jenifer A. Morrison, currently residing at 72 Marsh Drive, Carlisle, PA. She is married. The father of the child is David W. Morrison, currently residing at 1283 Crottlestown Road, Chambersburg, PA. He is married. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Sage S. Morrison Son Robert McLaughlin Son's maternal Grandfather Carol McLaughlin Son's maternal Grandmother S. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship William Morrison Son's (Sage) paternal Grandfather Vonda Morrison Son's paternal Grandmother 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff can provide the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; b) Plaintiff is willing to accept custody of the child; c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE Wherefore, plaintiff requests the court to grant custody of the child. ?f1..,n/ten. (! ?S.', i !Cl(kwy Li say Dare B?#d, Esquire South Hanover Carlisle, PA 17013 Attorney for Plaintiff I verify that to best of my knowledge and belief, 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.§4904 relating to unsworn falsification to authorities. U &k A fifer A. rri on r' i l v7 O Cu ?i:J O V .. U 1' 1 f i JENIFER A. MORRISON : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99.3763 CIVIL TERM DAVID W. MORRISON, Defendant IN CUSTODY ORDER OF COURT AND NOW, this A- day of V-0A , 1999, upon consideration of the attached custody stipulation with respect to the parties' child, Sage S. Morrison, born May 7, 1997, the terms of the stipulation are entered as an order of court. Lindsay Dare Baird, Esq. 37 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff m ?10/ rpIGq, David W. Morrison 99 ACT 4YLVa JENIFER A. MORRISON : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99. 3763 CIVIL TERM DAVID W. MORRISON, Defendant IN CUSTODY STIPULATION FOR CUSTODY STIPULATION made this /3 y/,day of October, 1999, between Jenifer A. Morrison, hereinafter referred to as Mother, and David W. Morrison, hereinafter referred to as Father. WHEREAS, the above-named Mother and Father had born to them the following child on the following date: NAME BIRTHRATE Sage S. Morrison May 7, 1997 AND WHEREAS, the above-named Mother and Father desire to enter into a Stipulation as to the custody of the above-said child: NOW, THEREFORE, in order to effectuate the above purpose, the above-named Mother and Father hereby stipulate that: 1. The Mother and Father shall have shared legal custody of the child. 2. The Mother shall have primary physical custody of the child. 3. The Father shall have periods of partial custody as follows: a. Every other weekend at paternal grandparent's home. b. Any other times the parties may agree upon. 9. The Father shall not consume alcohol during his periods of partial custody. TO THIS PURPOSE, the parties hereto intend to be legally bound by the terms of this Stipulation and desire to have the Stipulation entered as an Order of Court. WITNESS: 'J?ifeM}1- Mori on, Mother n say Dare ,B /ir?d Esquire David W. Morrison, Father CL Jj?7. J(0 ._ «, ` ?.- ,: - ?'; _ > __, ? ; r? ? , ? r "': y_... c_: : `? c, ' `i O ?-?? ?' 1 : ) :J OCT 2 0 1999 JENIFER A. MORRISON. Plaintiff v DAVID W. MORRISON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3763 CIVIL IN CUSTODY COURTORDER AND NOW, this ZP day of October, 1999, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, Hubert X. Gilroy, E! Custody Conciliator BLED-0fICE O= Tt-- ra?rF'^.`;pTARY 99 OCT 21 A!1 9: 58 C;CUNTY PENN1 (LVrr6\