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HomeMy WebLinkAbout07-2768DONALD W. MORGAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. O? ~ a 7~ C'~v~ L `~~, MARY E. MORGAN, :CIVIL ACTION -LAW Defendant 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 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, 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. Court Administrator Cumberland County Courthouse 4th Floor, One Courthouse Square Carlisle, PA 17013 (717) 240-6200 DONALD W. MORGAN, JR., Plaintiff vs. MARY E. MORGAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oil _, ~7G8` ~~u,,~,,~Q~/~ CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER SECTION 3301c OF THE DIVORCE CODE 1. Plaintiff is Donald W. Morgan, Jr., an adult individual who resides at 10 Annette Drive, Enola, Cumberland County, and Pennsylvania 17025. 2. .Defendant is Mary E. Morgan, an adult individual who resides at 124 South Enola Drive, Enola, Cumberland County, and Pennsylvania 17025. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. -The plaintiff and defendant were married on May 22, 1993, at Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that plaintiff has the right to request that the court require that the parties participate in counseling. Plaintiff requests the court to enter a decree of divorce r _.._ Timo y J. O'Connell, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 (717) 232-4551 Attorney for plaintiff Verification I verify that the statements made in the foregoing Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ~~ _ ~-'~ ~ ona d W. 1Vlorgan, Jr. n w ~i ~. w ~r Y , ;.-; .~-, ; -~ ~_~ -; 1 .o= L,,} W ~rl ~~ -n T `, ~3 } ~~l .-~ ;'i'1 Michael A. Hynum, Esquire Supreme Court ID #85692 Hynum Law 315 Bridge St., Lower Level New Cumberland, PA 17070 (717) 774-1357 DONALD W. MORGAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-2768 Civil Term MARY E. MORGAN CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter the appearance of Michael A. Hynum, Esquire and Hynum Law in behalf of Mary E. Morgan, Defendant in the above-captioned divorce action. Date: MiCP~el A. Hynurh,lE~ ""' Supreme Court ID #85 92 Hynum Law 315 Bridge St., Lower Lev New Cumberland, PA 17070 (717) 774-1357 Attorney for Defendant ~ ~ ...~ ;nth:: G ~~"' i ~~~ N ~- ~ ~) = `~> ~ . , -~^: DONALD W. MORGAN, JR., Plaintiff V. MARY E. MORGAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2768 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff, Donald W. Morgan, Jr., intends to proceed with the above captioned matter. Date: September 10, 2010 Timothy J. O'Connell, Esquire TURNER AND O'CONNELL 4701 North Front Street Harrisburg, PA 17110 717/232-4551 Attorney for plaintiff L`.. CsJ t ( ? .'.? j DONALD W. MORGAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07-2768 CIVIL TERM MARY E. MORGAN, CIVIL ACTION - LAW' Defendant : IN DIVORCE INVENTORY OF c) CF ?Q DONALD W. MORGAN. JR. -ri Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date:: r 7 - I y --1 C, 4onal2dW. Morgan DONALD W. MORGAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-2768 CIVIL TERM MARY E. MORGAN, CIVIL ACTION - LAW Defendant IN DIVORCE ASSETS OF THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property ( ) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (including face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14, Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positi ons held by a party with company) ( ) 16. Employment termination benefits - severance; pay, worker's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement accounts, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty (include as a total category and attached itemized list if distribution of such assets is in dispute) DONALD W. MORGAN, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-2768 CIVIL TERM MARY E. MORGAN, CIVIL ACTION - LAW Defendant IN DIVORCE MARITAL PROPERTY Defendant lists all marital property in which either or both. spouses have a legal or equitable interest individually or with any other persons as of the date this action was commenced: Item Description of Names of All Value Lien No. Pronerty Owners 1 124 S. Enola Drive Donald W. Morgan, Jr. Enola, PA Mary E. Morgan $102,115.94 first mortgage HSBC (4/14/10) $25,019.78 Second mortgage HSBC (4/14/10) 2 Capitol Medical Donald W. Morgan, Jr Retirement Plan $16,539.92 (12/31/06) $30,179 (12/31/09) 3 401(K) Mary E. Morgan balance unknown SHARON M. SHADE, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA VS. NO. 2009 CV 10737 DV TODD M. SHADE, CIVIL ACTION - LAW Defendant IN DIVORCE NON-MARITAL PROPERTY.' Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description of Reason for Lien Number Property Exclusion n/a DONALD W. MORGAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-2768 CIVIL TERM MARY E. MORGAN, CIVIL ACTION - LAW' Defendant IN DIVORCE PROPERTY TRANSFERRED Item Description of Date of Consid- Person to Number Property Transfer eration Transferred n/a DONALD W. MORGAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-2768 CIVIL TERM MARY E. MORGAN, CIVIL ACTION - LAW Defendant IN DIVORCE LIABILITIES Item Description of Names of All Names of Balance Number Property Creditors All Debtors 1 124 S. Enola Drive HSBC Mortgage Donald W. Morgan, $102,115.94 Enola, PA Services Jr. & Mary Morgan (4/14/10) 2 124 S. Enola Drive HSBC Mortgage Donald W. Morgan $25,019.78 Enola, PA Services Jr. & Mary Morgan (4/14/10) 3 credit card Members 1St FCU Donald W. Morgan $8,900 Jr. & Mary Morgan DONALD W. MORGAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-2768 CIVIL TERM MARY E. MORGAN, CIVIL ACTION -LAW Defendant IN DIVORCE C-1) r-na) ° =-n rn r n r :, rn INCOME AND EXPENSE STATEMENT ' s-- ., --f n C C .s OF DONALD W. MORGAN, JR. - =' -+1 I verify that the statements made in this Income and Expense Statement 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: 1, I ,-"? onald .Morgan, Jr. INCOME Employer: Capitol Medical, Inc. Address 5341 Jaycee Avenue, Harrisburg, PA 17112 Type of Work: logistics Payroll Number: Pay Period (weekly, biweekly, etc.): bimonthly Gross Pay per Pay Period: $1,604.63 Itemized Payroll Deductions: Federal Withholding $122.75 Social Security $170.95 Local Wage Tax $ 25.67 State Income Tax $ 49.26 Health Insurance $ 70.00 Domestic Relations $238.50 Net Pay per Pay Period: $926.22 Other Income: none TOTAL MONTHLY INCOME: $1 2.44 EXPENSES Weekly Monthly Yearly (Fill in Appropriate Column) Home Mortgage/Rent. $ $370.00 $ Maintenance $ $ _ $ Utilities $ $ _ $ Electric $ $ _ $ Gas $ $ _ $ Oil $ $ _ $ Telephone $ $ _ $ Water $ $ _ $ Sewer $ $ $ Employment Public Transportation $ $ _ $ Lunch $ $ 20.00 $ Taxes Real Estate $ $ _ $ Personal Property $ $ _ $ Income $ $ $ Insurance Homeowners $ $ _ $ Automobile $ $ 85.00 $ Life $ $ 33.00 $ Accident $ $ _ $ Health $ $ _ $ Other $ $ _ $ Automobile Payments $ $170.00 $ Fuel $ $100.00 $ Repairs $ $100.00 $ Medical Doctor $ $ 40.00 $ Dentist $ $ _ $ Orthodontist $ $ _ $ Hospital $ $ _ $ Medicine $ $ $ Special Needs $ $ _ $ (Glasses, braces, orthopedic devices) Education Private School $ $ Parochial School $ $ College $ $ Religious $ $ $ Personal Clothing $ $ 60.00 $ Food $ $100.00 $ Barber/hairdresser $ $ 10.00 $ Credit payments Credit Card $ $300.00 $ Charge Acct. $ $ Memberships $ $ $ Loans Credit Union $ $ Miscellaneous Household help $ $ Child care $ $ Papers/books/magazines $ $ Entertainment $ $ Pay TV $ $ $ Vacation $ $ Gifts $ $ Legal fees $ $ $ Charitable contribution $ $ Other child support $ $ Alimony payments $ $ Other Total Expenses $ $1388.00 $ Description Value Ownership* H W J Checking Accounts Savings Accounts Credit Union Stocks/Bonds Real Estate Other Total INSURANCE Company Policy # Coverage* H W C Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other * H = Husband; W = Wife; J = Joint; C = Child ,? 7- DONALD W. MORGAN, JR, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNS)@VANIA-cr:)? V. NO. 07-2768 ? rn? r- LAW TION - MARY E. MORGAN CIVIL AC Defendants IN DIVORCE a- =C y.? ) w RULE AND NOW, this ?Z day of c , 2011, a Rule is issued upon Mary E. Morgan to show cause, if any she has, why the relief requested in the attached PETITION FOR LEAVE TO WITHDRAW AS COUNSEL should not be granted. RULE RETURNABLE 10 days from the date of service hereof. BY THE COURT: J. Distribution: ? Timothy J. O'Connell, Esquire Michael A. Hynum, Esquire Mary E. Morgan eo? 1 0? DONALD W. MORGAN, JR., Plaintiff VS. MARY E. MORGAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2768 CIVIL ACTION -LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. Plaintiffs Affidavit Under Section 3301(d) of the Divorce Code 1. The parties to this action have continued to live separate and apart for a period of at least two years, since January 2007. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: W M i -.?? ? ICJ - S "b ` CT ., Michael A. Hynum, Esquire Hynum Law 2608 North 3rd Street Harrisburg, PA 17110 Tele: (717) 774-1357 Fax: (717) 774-0788 PILED-OPP IC -T THE PROTHONOTARY 2,311 JUL 18 PM 1: 24 'CUMBERLAND COUIaT ( PENNSYLVANIA DONALD W. MORGAN, JR, Plaintiffs V. MARY E. MORGAN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2768 CIVIL ACTION -LAW IN DIVORCE MICHAEL A. HYNUM, ESQUIRE'S MOTION TO MAKE RULE ABSOLUTE AND NOW comes, Michael A. Hynum, Esquire, of Hynum Law and avers the following: 1. On or about March 17, 2011, Michael A. Hynum, Esquire filed a Petition to Withdraw as Counsel for Mary E. Morgan pursuant to Pa. R.C.P. 1012. 2. On or about March 22, 2011, Your Honorable Court issued a Rule to Show Cause. The Rule was returnable twenty (20) days from the date of service. 3. On March 8, 2011, Attorney Timothy J. O'Connell and Mary E. Morgan were served with the Rule to Show Cause. 4. Timothy J. O'Connell and Mary E. Morgan have not filed a response to the Petition to Withdraw. 5. Michael A. Hynum, Esquire respectfully requests Your Honorable Court make the Rule Absolute. WHEREFORE, Michael A. Hynum, Esquire respectfully requests t 's Court to grant his Motion to Make Rule Absolute Date: 7 Michael A. Hynun? quire Hynum Law Attorney Id. 85692 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 CERTIFICATE OF SERVICE I, Michael A. Hynum, hereby certify that I served a true and correct copy of the foregoing Motion to Make Rule Absolute at the addresses indicated below via first class mail, postage pre- paid, mailed at Harrisburg, Pennsylvania: Timothy J. O'Connell, Attorney Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 Mary E. Morgan 124 South Enola Drive Enola, PA 17025 HYNUM LAW Date: j By: 1n1!i)j94i41a .I Jl/. Michael A. Hyn s uire I.D. No. 85692 2608 N. 3`d Street Harrisburg, PA 17110 Tele: (717) 774-1357 Fax: (717) 774-0788 DONALD W. MORGAN, JR, Plaintiffs V. MARY E. MORGAN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2768 CIVIL ACTION - LAW IN DIVORCE ORDER 14 AND NOW, this 11 day of Iuk , 2011, upon consideration of Michael A. Hynum, Esquire's Motion to Make Rule Absolute, it is hereby ordered that said Motion is GRANTED. Michael A. Hynum, Esquire is hereby withdrawn as counsel of record for Mary E. Morgan. BY THE COURT: U AY J. C-) r.a t C [-a 7 X C:3 C'J 7-,= Fri Distribution: Michael A. Hynum, Esquire 2608 N 3rd St, Harrisburg, PA 17110 Timothy J. O'Connell, Attorney 4701 North Front Street, Harrisburg, PA 17110 Mary E. Morgan, 124 South Enola Drive, Enola, PA 17025 Z DONALD W. MORGAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-2768 -r, - rn MARY E. MORGAN, CIVIL ACTION -LAW Defendant IN DIVORCE -<> COUN TER-AFFIDAVIT UNDER xca a c 43301(d) OF THE DIVORCE CODE s'C= ` 1. Check either (a) or (b): (e.) I do t?ot oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because [check (i), (ii) or both]: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I % erify that the statements made in this counter-affidavit are true and correct. I i:`.dc:rstanU` that false staterents lherein are made subject io the penaides of i8 Pal. C.S. Section 4904 relating to unsworn falsification to authorities. Date: g' 10 1 M E. organ Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC REI_IEr, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. 77 --// n COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wanda Kay McCormack, Notary Public East Pennsboro Twp., Cumberland County My Commission Expires April 7, 2012 Member, Pennsylvania Association of Notaries IN THE COURTS OF THE COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I Mary Morgan am requesting for part of Donald W. Morgan Jr.'s retirement plan. In 2010 took out $15,592.71 from my 401k plan to try and save the home that is in both of our names from going in to foreclosure. Due to unfortunate circum stances I was not able to do so. Donald contributed no money for the first mortgage during the time of our separation and paid $170.00 toward the second mortgage. I have all the documentation to show for this claim. The home is now in foreclosure and the children and I have moved out. Thank you, g.a? n . ..j . . DONALD W. MORGAN, JR., Plaintiff VS. MARY E. MORGAN, Defendant IN THE COURT OF LC?OMMOE ?SYL PENNSYLVANIA CUMBERLAND CO NO, 07-2768 CIVIL TERM CIVIL ACTION IN DIVORCE AFFIDAVIT OF SERVICE I, Timothy J. O'Connell, Esquire, attorney for the plaintiff, Donald W Co cn %-M rn =::0 -o v?r' rv <C =C) C Morg"?n, ! " Jr., in the above captioned action for divorce, hereby certify that a cotformed copy of the Complaint in Divorce duly endorsed with a Notice to Defend and (dim Rights, was served on the defendant, Mary E. Morgan, by Certified Claim No'003 1010 0002 8156 5946, restricted delivery, return receipt requested, by depositing-' same in the United States mail at Harrisburg, Pennsylvania, pursuant to Rule 1920.E the Amendments of the Pennsylvania Rules of Civil Procedure relating to the DivoCode. As evidence by the green return receipt card attached hereto, the Complaint wceived by said defendant on May 10, 2007. l, Esquire TiAand? Tu1 et 4701 North Pe Harrisburg, 110 Sworn and subscribed to before Me this 21St day of September 2011. otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Stacey A. Fogle, Notary Public Jusqucnanna T ownoip lauphin County My commis„ua cx Tres .lanua 02, 2013 . ..4t aoa? low #*Wdi*ru- r Mboh t* 4Wd w v a'book Of the or on tva tott f'?'?1100 ilium ,?h Eno1a?'. P? 1`IoaS ?? nnna 8156 5946 DONALD W. MORGAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C-3 vs. NO. 07-2768 CIVIL TERM -22 r :: ' ' MARY E. MORGAN, CIVIL ACTION C. -<> ra c. y = ' CD Defendant IN DIVORCE AFFIDAVIT OF SERVICE - : I, Timothy J. O'Connell, Esquire, attorney for the plaintiff, Donald W. Morgan, Jr., in the above captioned action for divorce, hereby certify that a conformed copy of the Plaintiff's Affidavit and Notice of Intent to Request Entry of 3301(d) Divorce Decree was served on the defendant, Mary E. Morgan, by Certified Claim No. 7006 3450 0002 3535 2634, restricted delivery, return receipt requested, by depositing the same in the United States mail at Harrisburg, Pennsylvania, pursuant to Rule 1920.4 of the Amendments of the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As evidence by the green return receipt card attached hereto, the Complaint was received by said defendant on August 12, 2011. Timothy J. O'Connell, Esquire Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 Sworn and subscribed to before Me this 21 st day of September 2011. q?A? 64) N tary Public COMMONWEALTH OF PENNSYLVANIA f "?TARIAL SEAL ' si,acey A. Fogle, Notary Public Ju?uuehanna Township, Dauphin County M4 , ommisslon ex Tres Janua 02, 2013 ¦ Complete items 1, 2, and 3. Also complete A. Item 4 if Restricted Delivery is desired. X ¦ 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, f or on the front if space permits. 1. Article Addressed to: 0 ?? ary ? . M o r go,? I m S E Y1 ? r E YWa i PA Cr ? Agent ? Addressee by (,Ppped e) _ C. Date of Delivery Is de)id,' k X;4 di lbront from item 1? ? Yes If TtS,; er delivel) addaess below: ? No Tom, :... ?FSTRICTED 3. Service Type DILCertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) pf Yes 2. Article Number 7006 3450 0002 3535 2634 p n obr Som 8WVke febsq Ps Form 3811, Fet UWY 2004 Domestic Return Receipt 102686-02-M-1640 DONALD W. MORGAN, JR., Plaintiff VS. MARY E. MORGAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2768 CIVIL ACTION -LAW IN DIVORCE c° W r? v c-a r.? cn NOTICE OF INTENT TO REOUEST ENTRY OF 3301(d) DIVORCE DECREE TO: Mary E. Morgan `.tea You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Section 3301(d) affidavit. Therefore, on or after August 14, 2011, the other party can request the court to enter a final decree in divorce. fJ,J If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. Amy Moshier, Prothonotary Potter County Courthouse One East Second Street Coudersport, PA 16915 (814) 274-9740 C))- X- e? DONALD W. MORGAN, JR. vs. MARY E. MORGAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 07-2768 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce:s Irretrievable breakdown under § (3301(c)) and r :,,. rn M § (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.) 2. W Date and manner of service of the complaint: o served May 10, 2007 by certified mail 7' n -,; 3. Complete either paragraph (a) or (b)., C -- (a) Date of execution of the affidavit of consent required by § 3301(c) of the i Divorce code: - by plaintiff ; by defendant (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: April 27, 2011 (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: filed April 29, 2011; served August 12, 2011 4. Related claims pending: none 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: served August 12, 2011 by certified mail (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: Date defendant's Waiver of Notice was filed with the Prothonotary: Attorney for Plaintiff/Defendant DONALD W. MORGAN, JR., Plaintiff VS. MARY E. MORGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 2768 CIVIL IN DIVORCE MCI CD1 v y Y TRANSCRIPT OF PROCEEDINGS and MASTER'S RECOMMENDATION Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on March 13, 2012, commencing at 9:00 a.m. APPEARANCES: Timothy J. O'Connell Attorney for Plaintiff Donald W. Morgan, Jr. Plaintiff Mary E. Morgan (Pro se) Defendant DONALD W. MORGAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 2768 CIVIL MARY E. MORGAN, Defendant IN DIVORCE THE MASTER: Today is Tuesday, March 13, 2012. This is the date set for a hearing in the above-captioned divorce proceedings. This action was commenced by the filing of a complaint in divorce on May 4, 2007, raising grounds for divorce of irretrievable breakdown of the marriage. Husband has filed an affidavit under Section 3301(d) of the Domestic Relations Code on April 29, 2011. The affidavit averred a separation in excess of two years, from January 2007. Wife filed a counter-affidavit on August 2011 indicating that she wished to claim economic relief. However, wife has not filed a claim for equitable distribution as such and there are no other economic claims filed in the action. The reason that this matter has been referred to the Master by Judge Ebert was because of a summary statement which wife attached indicating that she was trying to save the home from foreclosure and that she had paid monies out of a 401(k) to attempt to accomplish saving the home. Ultimately, the house went into foreclosure and the parties were left with debt, which wife 1 has paid on her behalf, and husband is currently paying a Visa card with a balance of approximately $2,800.00. The parties also each have a 401(k) account. Husband's 401(k) date of separation balance was $13,231.00 and the date of separation balance for wife's 401(k) was approximately $18,000.00. After discussion with the parties this morning, it is the Master's suggestion, and will be the Master's recommendation, that the parties stay in the position in which they are currently in without either party being obligated to pay any sum of money to the other party. The circumstances out of which this arose are unfortunate but there simply was not enough money to retain the real estate and wife had to let the property go into foreclosure. She did have the benefit, as pointed out, of having a place to live with the children for a period of time until she had to vacate the premises. Husband was making some contribution too toward a second mortgage as well as paying child support and providing medical insurance for the benefit of the three children. RECOMMENDATION It is the Master's recommendation that the parties maintain the status quo; that is, each party is responsible for the debt that has been discussed herein, with husband 2 continuing to pay the balance on the Visa card. Further, each party will maintain his or her own 401(k) account, which has been referenced by Mr. O'Connell in the statement, and the divorce can be concluded under Section 3301(d) of the Domestic Relations Code inasmuch as the parties have been separated for a period in excess of two years. Without having to go through the formality of having this report filed with the parties entitled to take exceptions, which would further prolong the proceedings, the Master is going to ask each of the parties if they are willing to have this agreement entered as a final resolution of their outstanding issues in the divorce action and allow the matter to proceed to the Court for a final decree in divorce. Mr. Morgan, you heard my statement on the record, do you understand it? MR. MORGAN: Yes. THE MASTER: Are you willing to allow this to proceed without the filing of exceptions so that a divorce decree can be entered? MR. MORGAN: Yes. THE MASTER: And you are willing to maintain the status quo as referenced in the statement that I have made on the record? MR. MORGAN: Yes. 3 THE MASTER: Mrs. Morgan, you have heard the statement that I have made on the record? MS. MORGAN: Yes. THE MASTER: Do you understand it? MS. MORGAN: Yes. THE MASTER: And are you willing to let the divorce proceed without the opportunity to file exceptions so that this matter can be resolved with a final decree in divorce? MS. MORGAN: THE MASTER: issues in this case? MS. MORGAN: THE MASTER: comments or statements you MR. O'CONNE THE MASTER: Yes. As a final resolution of all Yes. Mr. O'Connell, do you have any would like to make on the record? LL: No, sir. All right. Thank you. E. Robert Elicker, II Divorce Master 4 Esquire Timothy J. O'Connell -a= , TURNER AND O'CONNELL ' 4701 North Front Street {r> °? - c Harrisburg, PA 17110 r 717/232-4551 telephone } 717/232-2115 facsimile 7 7 ` - tjo@turnerandoconnell.com DONALD W. MORGAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-2768 CIVIL TERM MARY E. MORGAN, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION TO VACATE APPOINTMENT OF MASTER AND NOW comes the plaintiff, Donald W. Morgan, Jr., who, through his attorney, Timothy J. O'Connell, Esquire, respectfully moves this Court as follows: 1. On October 4, 2011, on its own motion, this Court appointed E. Robert Elicker as master with respect to the economic claims made by defendant. 2. On March 13, 2012, a hearing was held before the divorce master during which the parties entered into a stipulation resolving all economic claims of the parties. 3. On March 15, 2012, a master's report was filed with this Court. WHEREFORE, plaintiff requests that the appointment of E. Robert Eleicker, Esquire, as master in the above captioned case be vacated. Respectfully submitted, Timothy J(. O'Connell, Esquire Certificate of Service I, Timothy J. O'Connell, hereby certify that I served a true and correct copy of the Motion to Vacate Appointment of Master by depositing same in the U.S. mail, first class postage prepaid, addressed as follows: Mary E. Morgan 124 S. Enola Drive Enola, PA 17025 E. Robert Elicker, Esquire 9 N. Hanover Street Carlisle, PA 17013 Date: April 4, 2012 Timothy J. O'Connell DONALD W. MORGAN, JR., Plaintiff VS. MARY E. MORGAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2768 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW this JV day of April, 2012, upon motion of the plaintiff, the order appointing E. Richard Elicker, Esquire, as master in the above case is vacated. By the Court: J. Pstribution: ?TT' othy J. O'Connell, Esquire, 4701 North Front Street, Harrisburg, PA 17110 ./ Mary E. Morgan, pro se, 124 S. Enola Drive, Enola, PA 17025 E. Robert Elicker, Esquire, 9 N. Hanover Street, Carlisle, PA 17013 CT r .? 'mow ??,. ?? as =C C7 a DONALD W. MORGAN, Jk. t ?s `DI OT ?i IIL? COURT OF COMMON PLEAS C,UMBEI?LAND COUNTY, PENNSYLVANIA vs. ?SrLYI?? CIVIL DIVISION MARY E. MORGAN NO. 07-2768 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: served May 10, 2007 by certified mail 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff ; by defendant (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: April 27, 2011 (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: filed April 29, 2011; served August 12, 2011 4. Related claims pending: Economic claims of defendant were resolved by an on-record stipulation of the parties at the Masters hearing on March 13, 2012 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: served August 12, 2011 by certified mail (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: Date defendant's Waiver of Notice was filed with the Prothonotary: DONALD W. MORGAN, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARY E. MORGAN NO. 07-2768 DIVORCE DECREE AND NOW, Ott' 1.4 A 10: 1S A1, )MI it is ordered and decreed that DONALD W. MORGAN, JR. MARY E. MORGAN bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The stipulation of the parties as set forth in the Master's Report of March 13, 2012 is incorporated herein by reference. By the Court, ??w Attest: J. Y-045% cyy Ahe Oory r ,g,ZeW 7 ??