Loading...
HomeMy WebLinkAbout03-4066HENRY MORRIS Plaintiff COLLETE ROSE MORRIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 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, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 32 South Bedford St. Carlisle, PA 17013 (717) 249-3166 OR (800) 990-9108 HENRY MORRIS Plaintiff Vo COLLETE ROSE MORRIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Henry Morris, who currently resides at 354 Grahams Woods Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Collete Rose Morris, who currently resides at 354 Grahams Woods Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 30, 1991, at East Middleberry, Vermont. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, § 3301(a)(2), 3301(c), and 3301(d), in that: a. The Defendant committed adultery. b. The Defendant offered such indignities to the Plaintiff as to render Plaintiff s condition intolerable and life burdensome. c. The marriage is irretrievably broke. d. Plaintiff and Defendant have lived separate and apart since May 14, 2003, and continue to do so.~ 8. 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 such counseling. 9. The Plaintiff in this action is not a member of the Armed fomes. WHEREFORE, the Plaintiffrequests the Court to enter a decree of Divome. COUNT II - EOUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from March 30, 1991 until May 14, 2003, the date ~ The parties have had a complete cessation of any and all cohabitation in that for the past six months the parties have had separate social lives and since May 14, 2003, the parties have had no sexual relations and have made sleeping arrangements so as not to share the same bed. The Superior Court has established that separate and apart means the existence of separate lives, not separate roofs. Macke¥ v. Mackev, 545 A.2d. 362 (Pa. Super. 1988). of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and / or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide ail marital property. COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff lacks sufficient income to provide for his reasonable means. 16. Plaintiff requires reasonable support to maintain himself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendent lite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS 17. Paragraphs 1 through 16 of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff has retained Stephanie E. Chertok and John C. Porter, Attorneys at Law, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff may need to hire experts to appraise the marital property but he lacks the funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, jo~C. portCe:, Esq~ Counsel for Plaintiff PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-1177 VERIFICATION I, Henry Morris, verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unswom falsification to authorities. Date Plaintiff, Henry Morris HENRY MORRIS Plaintiff COLLETE ROSE MORRIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4066 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, John C. Porter, Counsel for the Plaintiff, Henry Morris, hereby certify that a tree and correct copy of the Divorce Complaint in the above captioned case was served upon Collete Rose Morris, in the following manner: First Class Prepaid Postage to Collete Rose Morris 354 Grahams Woods Road Carlisle, PA 17013 on this 20th day of August, 2003. Counsel for Plaintiff PA Sup. Ct. ID# 90152 61 W. Louther St. Carlisle, PA 17013 717-249-11177 HENRY MORRIS, Plaintiff VS. COLLETE ROSE MORRIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03 - 4066 CIVIL : IN DIVORCE ORDER OF COURT AND NOW, this /~)'p/O day of ~ 2003, in accordance with counsel's distinct instructions by letter dated December 2, 2003, advising that claims addressed are not at issue, that the parties are attempting a reconciliation, and that the Master's services are no longer required, the appointment of the Master is vacated. BY THECOURT, CC~ /John C. Porter Attorney for Plaintiff · /Collete Rose Morris Defendant