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HomeMy WebLinkAbout08-0079KELLY A. MORRISON, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. C? THOMAS B. MORRISON, DEFENDANT CIVIL ACTION - 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 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, 17013. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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 of business before the Court. SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID 470259 James R. Demmel, Esquire ID #90918 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin a sasllp.com jdemmel@sasllP.coin Attorneys for Plaintiff KELLY A. MORRISON, PLAINTIFF V. THOMAS B. MORRISON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Kelly A. Morrison, by and through her attorneys, SMIGEL, ANDERSON & SACKS, and represents as follows: COUNTI DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Kelly A. Morrison, who currently resides at P.O. Box 1381, Mechanicsburg, Pennsylvania 17055 and has resided there since on or about November, 2007. 2. Plaintiffs Social Security No. is 211-54-6582. 3. Defendant is Thomas B. Morrison, who currently resides at 191 S. Locust Point Road, Mechanicsburg, Pennsylvania 17055 and has resided there since on or about March 11, 2000. 4. Defendant's Social Security No. is 187-38-3323. 5. Both 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. 6. The Plaintiff and Defendant were married on April 22, 1995, at Carlisle, Pennsylvania. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. 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. 10. Plaintiff avers that there are children of the parties under the age of 18, namely: Krystal Ann Morrison (dob 8/5/94). WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT II EQUITABLE DISTRIBUTION 11. Plaintiff repeats and realleges the averments of paragraphs 1 through 10 which are incorporated by reference herein. 12. Plaintiff and Defendant possess various items of both real and personal marital property which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests this Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. COUNT III ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 13. Plaintiff repeats and realleges the averments of paragraphs 1 through 12 which are incorporated by reference herein. -2- 14. Plaintiff requires support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests the Court to award her reasonable alimony pursuant to Section 3701 of the Divorce Code. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 15. Plaintiff repeats and realleges the averments of paragraphs 1 through 14 which are incorporated by reference herein. 16. Plaintiff has no adequate means of support for herself during the course of this litigation. 17. Plaintiff does not have sufficient funds to pay counsel fees, costs or expenses incidental to this action. WHEREFORE, Plaintiff requests the Court to award her alimony pendente lite, counsel fees, costs and expenses. Dater SMIGEL, ANDERSON & SACKS, LLP By: _ V. L in, Esquire, ID #70259 J g . Demmel, Esquire, ID #90918 4431 North Front Street, 3`d Mr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff -3- VERIFICATION I, Kelly A. Morrison, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ?1 ?(a Kelly A. orr 'on r, A-I e e ? l? V ? ;'fir (11 , n . T tTt ?.l r T { ?'3 ` ? p J SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID #70259 James R. Demme], Esquire ID #90918 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 .;h m -i1I,..:um Attorneys for Plaintiff KELLY A. MORRISON, PLAINTIFF V. THOMAS B. MORRISON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. G? { - 7? LGG CIVIL ACTION - DIVORCE PLAINTIFF'S DEMAND FOR HEARING ON COUNT IV, CLAIM FOR ALIMONY PENDENTE LITE AND NOW, comes Plaintiff, Kelly A. Morrison, pursuant to Rule 1920.3 1 (a)(3), and hereby demands a hearing on her claim set forth in Count IV of her Complaint for alimony pendente lite. SMIGEL, ANDERSON & SACKS, LLP Date: t ky BY; Ann . Lev , Esquire, ID #70259 Jam R. emmel, Esquire, ID #90918 4431 orth Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff na n I f 1, i In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KELLY A. MORRISON ) Docket Number 08-79 CIVIL Plaintiff ) vs. ) PACSES Case Number 534109724 THOMAS B. MORRISON ) Defendant ) Other State ID Number ORDER OF COURT You, 191 S LOCUST POINT RD, MECHANICSBURG, PA. 17055-9738-91 are ordered to appear at DOMESTIC RELATIONS HEARING RM THOMAS B. MORRISON plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-301, "icemr= -ern before a hearing officer of the Domestic Relations Section, on the FEBRUARY 5, 2008 at 8: 3 OAM for a hearing. Z m -t x You are further required to bring to the hearing: c 0 co L v D w I . a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2, your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 .+ MORRISON v• MORRISON PACKS Case Number: 534109724 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: W 1 ' JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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 at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. 1 Service Type M Worker ID 21302 yy I In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KELLY A. MORRISON ) Docket Number 08-79 CIVIL Plaintiff ) vs. ) PACSES Case Number 534109724 THOMAS B. MORRISON ) Defendant ) Other State ID Number ORDER OF COURT You, KELLY A. MORRISON plaintiff/defendant of PO BOX 1381, MECHANICSBURG, PA. 17055-1381-81 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 n ?... 1 ` rya C= before a hearing officer of the Domestic Relations Section, on the o rr, T FEBRUARY 5, 2008 at 8:30AM for a hearing. Ce) a = -+o You are further required to bring to the hearing: D rn x -i 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as fr1K w 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 t MORRISON PACSES Case Number: 534109724 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: / - Q - d R BY THE COURT: QV .JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. v- MORRISON CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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 at: (717) 240-622!5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. Worker ID 21302 Fr, €} y ? ?? SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID #70259 James R. Demmel, Esquire ID #90918 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin nsasllp.com idemmel rrsasllp.com Attorneys for Plaintiff KELLY A. MORRISON, PLAINTIFF V. THOMAS B. MORRISON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-79 CIVIL CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, Jane Adams, Esquire, counsel for Defendant, accept service of the Complaint Under Section 3301(c) or 3301(d) of the Divorce Code and Plaintiff's Demand for Hearing on Count IV, Claim for Alimony Pendente Lite on behalf of Defendant and certify that I am authorized to do so. p' Date: O Adams, Esquire 6 South Pitt Street arlisle, PA 17013 (717) 245-8508 r.? 0 77 xr . -4 r1l KELLY MORRISSON, Plaintiff V. THOMAS MORRISSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNYSLVANIA NO. 08 - 0079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance in the above-captioned matter on behalf of the Defendant. Respectfully Submitted, ?? ?5/ . Date Rae dams, Esq. st South Street e, PA 17013 (717) 245-8508 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Lorin Andrew Snyder, Esquire, on behalf of the Defendant in the above-captioned case. itted, 10J Date Lori n w Snyder, Esquire T ffices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 .ac: KELLY A. MORRISON, PLAINTIFF V. THOMAS B. MORRISON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-79 CIVIL CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of Plaintiff s First Request for Production of Documents to Defendant on counsel for Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the day of November, 2008, addressed as follows: Lorin Snyder, Esquire, Attorney for Defendant Turo Law Offices 28 S. Pitt St. Carlisle, PA 17013 SMIGEL, ANDERSON & SACKS, LLP By: nn V. L m, Esquire, ID 470259 J es. Demmel, Esquire, ID #90918 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff - 9 - ?? ?? ?? 4? C? C" "J `s 1 .f ?n '..?.t .4 f.v.. _ .. .}rP i_. ,? .., KELLY A. MORRISON, PLAINTIFF V. THOMAS B. MORRISON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-79 CIVIL CIVIL ACTION- DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, Attorney for Plaintiff, do hereby certify that on the day of November, 2008 I served the original and one copy of Plaintiff's First Set of Interrogatories to Defendant in the above captioned matter, by depositing same in the Unites States Mail, first class, postage paid, addressed as follows: Lorin Snyder, Esquire, Attorney for Defendant Turo Law Offices 28 S. Pitt St. Carlisle, PA 17013 SMIGEL, ANDERSON & SACKS, LLP By: inn V. L vin, Mssquire, ID #70259` ames . Demmel, Esquire, ID #90918 44-31 North Front Street, 3rd Fir. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff L -` ?a ?? f..? . l`{ =a`..+ y ? `. 'x ?.?. .... ?.,. ?., _., KELLY A. MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYSLVANIA V. NO. 08 - 0079 CIVIL TERM THOMAS B. MORRISON, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Lorin Andrew Snyder, Esquire, Attorney for Defendant, do hereby certify that on the Fifteenth day of December, 2008, 1 served the foregoing Answer to Plaintiffs First Request for Production of Documents in the above-captioned matter, by depositing the same in the United States Mail, first class, postage paid, addressed as follows: James R. Demmel, Esq., Attorney for Plaintiff Smigel, Anderson & Sacks 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 TURO Lori drew Sny er, Esq. P ID# 03199 28 South tt eet Carlisle, PA 013 (717) 245- 88 Attor or Defendant C`x ^' ;; ?? ? ? ? cs? ? ... ? ? _ ? `t .. :--s ?i'"i •.r KELLY A. MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYSLVANIA V. NO. 08 - 0079 CIVIL TERM THOMAS B. MORRISON, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Lorin Andrew Snyder, Esquire, Attorney for Defendant, do hereby certify that on the Fifteenth day of December, 2008, 1 served the foregoing Answer to Plaintiff's First Set of Interrogatories in the above-captioned matter, by depositing the same in the United States Mail, first class, postage paid, addressed as follows: James R. Demmel, Esq., Attorney for Plaintiff Smigel, Anderson & Sacks 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110-1778 TU L Andr der, Esq. A R#2011., 28 Sot t1t Street iadpst , A 17013 (717) 245- 88 Attorney for Defendant Ct "ta ? tYy j n' KELLY MORRISON, Plaintiff V. THOMAS MORRISON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNYSLVANIA NO. 08 - 0079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lorin Andrew Snyder, Esquire, Attorney for Defendant, do hereby certify that on the Nineteenth day of December, 2008, 1 served the original and one copy of Defendant's First Request for Production of Documents to Plaintiff in the above- captioned matter, by depositing the same in the United States Mail, first class, postage paid, addressed as follows: James R. Demmel, Esq., Attorney for Plaintiff Smigel, Anderson & Sacks 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110-1778 TURIO LAVV/aFiFIQE: el'; P2t LN245-9 C ( }`?-? ??k ya w:J 1 } f.,9 (? } t,,?.t F?:r :r .. ?? s:',_,: KELLY MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYSLVANIA V. NO. 08 - 0079 CIVIL TERM THOMAS MORRISON, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Lorin Andrew Snyder, Esquire, Attorney for Defendant, do hereby certify that on the Nineteenth day of December, 2008, 1 served the original and one copy of Defendant's First Set of Interrogatories to Plaintiff in the above-captioned matter, by depositing the same in the United States Mail, first class, postage paid, addressed as follows: James R. Demmel, Esq., Attorney for Plaintiff Smigel, Anderson & Sacks 4431 North Front Street, Td Flr. Harrisburg, PA 17110-1778 TU O FF1 ES L ndrew Sny er, Esq. ID 3199 2 Sou eet arlisle, PA 013 ( 17) 24 88 A ev for Defendant -?, _".' , ?:?-? ,?? ?? ?zR ?i ?9:a ?a ,,. ?.?_ .,?; <? is V KELLY MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYSLVANIA V. NO. 08 - 0079 CIVIL TERM THOMAS MORRISON, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Plaintiff in the above captioned matter, do hereby certify that I served the foregoing Plaintiff s Answers to Defendant's First Set of Interrogatories on counsel for Defendant by placing same in the U.S. Mail, first class, postage paid on the 2-3 day of J Gig ?Anj , 2009, addressed as follows: d Lorin A. Snyder, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 By: SMIGEL, ANDERSON & SACKS, LLP J 9es R. emmel, Esquire I.D.#: 90918 4431 NAP, Front Street, 3`d flr. urg, PA 17110 (717) 234-2401 Attorney for Plaintiff ? ?? v) *.:Ms -rf ?? ?? " j ?' w KELLY A. MORRISON, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 08-79 CIVIL THOMAS B. MORRISON, DEFENDANT CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned. matter, do hereby certify that I served a true and correct copy of Plaintiffs Answer to Defendant's First Request for Production of Documents to Plaintiff on counsel for Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the 023 day of 2009, addressed as follows: Lorin Snyder, Esquire, Attorney for Defendant Turo Law Offices 28 S. Pitt St. Carlisle, PA 17013 By: SMIGEL, ANDERSON & SACKS, LLP Ann V. L vin squire, ID #70259 James y. Demmel, Esquire, ID #90918 4 orth Front Street, 3d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff N i s r?Z KELLY A. MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYSLVANIA V. : NO. 08 - 0079 CIVIL TERM THOMAS B. MORRISON, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on January 7, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. C Date B. Morrison OF THE PROW, NOTARY 2009 MAY -6 P'# 12= 54 KELLY A. MORRISON, Plaintiff V. THOMAS B. MORRISON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNYSLVANIA NO. 08 - 0079 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 THE FOREGOING 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 as B. Morrison OF THE JPP` 7 r4',' `'J i i` PY 2049 MAY -5 P1112:55 -9 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this day of AV-r1 F( , 2009, by and between Kelly A. Morrison ("Wife") - A N D - Thomas B. Morrison ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on April 22, 1995, at Carlisle, Pennsylvania; WHEREAS, one (1) child was born of this marriage; said child being: Krystal Ann Morrison. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 08-79. The parties agree that they will execute and file Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree simultaneously with the signing of this document. Thereafter, counsel for Wife shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property. The following property shall become the sole and exclusive property of Husband: All right, title and interest in the property and lot situate at 191 South Locust Point Road, Mechanicsburg, Pennsylvania, subject to the terms of Paragraph 3 of this Agreement; 2 2. A portion of the Jackson National Life Insurance Company Annuity #3269A as set forth in Paragraph 4 of this Agreement; 3. 2002 Ford F150 currently titled in Husband's name; 4. 2005 Chevrolet Corvette currently titled in Husband's name; 5. 1972 Plymouth Cuda currently titled in Husband's name; 6. 1963 Ford Thunderbird currently titled in Husband's name; 7. 2002 Prowler Camper currently titled in joint names; 8. 1998 Renegade Snowmobile trailer currently titled in Husband's name; 9. 1998 Arctic Cat 440ZL Snowmobile currently titled in Husband's name; 10. 1999 Arctic Cat 600ZR Snowmobile currently titled in Husband's name; 11. 2003 Arctic Cat F7 Snowmobile currently titled in Husband's name; 12. 2004 Saber Cat Snowmobile currently titled in Wife's name; 13. 2003 Kymco Scooter currently titled in Husband's name; 14. 1989 Harley Davidson Softail currently titled in Husband's name; 15. All right, title and interest in the Members 1St checking and savings account #0462 titled in Husband's name; 16. All right, title and interest in the American Funds/Raymond James 3 IRA #2214 titled in Husband's name; 17. Any and all personal property, including household goods, currently in Husband's possession or control except as set forth in Paragraph 2.B.9 of this Agreement. B. Wife's Property. The following property shall become the sole and exclusive property of Wife: 1. The sum of Four Hundred Seventy-Five Thousand ($475,000) Dollars from the Jackson National Life Insurance Company Annuity #3269A as set forth in Paragraph 4 of this Agreement; 2. 2005 Chrysler 3000 currently titled in Wife's name; 3. All right, title and interest in the PNC Bank checking account #9951 titled in Wife's name; 4. All right, title and interest in the Sovereign Bank checking account #5809 titled in Wife's name; 5. All right, title and interest in the Members 1St checking and savings account #9746 titled in Wife's name; 6. All right, title and interest in the Best of America SEP IRA #0551 titled in Wife's name; 7. All right, title and interest in the American Funds/Raymond James IRA 227/1 titled in Wife's name; 8. Photographs. Within thirty (30) days of the execution of this 4 Agreement, Husband shall make all photographs in his possession or control available to Wife for her review in order to select the photographs she would like to retain. Should each party want to retain the same photograph, the photograph will be reproduced and the parties will share the cost of the reproduction; and 9. All household goods and personal property currently in Wife's possession and all other items from the basement of the marital home upon which the parties mutually agree. C. Child's Property. The parties acknowledge and agree that they previously established a college savings account for Krystal, the balance of which is forty five thousand ($45,000) dollars and is now in Husband's possession. The parties agree that the entire forty five thousand ($45,000) dollars shall be deposited in a Certificate of Deposit or other mutually acceptable savings account or certificate in the names of both parties on or before June 1, 2009 or within fifteen (15) days of Wife receiving the funds she intends to withdraw from the Jackson Life Insurance Company Annuity, whichever last occurs. Husband shall be designated as the primary owner of this account, with Wife designated as joint account owner. Husband shall be responsible for any and all tax consequences associated with this account. Wife shall contribute Forty-Five Thousand ($45,000) Dollars to a second Certificate of Deposit or other mutually acceptable savings account or certificate in the names of both parties on or before June 1, 2009 or within fifteen (15) days of receiving the funds she intends to withdraw from the Jackson Life Insurance Company Annuity, 5 whichever last occurs. Wife shall be designated as the primary owner of this account, with Husband designated as joint account owner. Wife shall be responsible for any and all tax consequences associated with this account. Krystal shall be named as sole, irrevocable beneficiary of both parties' interests in both accounts until she attains age twenty-five (25) years of age. Both accounts shall require both parties' signatures to authorize the withdrawal of any funds. Both accounts shall be identical in all respects except for the designations of primary and joint account owners. The parties shall establish both accounts at the same banking institution on the same day. Any and all funds from these accounts shall be used exclusively for Krystal's post-high school education expenses. Both parties shall abide by Krystal's decision regarding where and in what subject area she wishes to pursue her post-high school education. Both parties shall promptly take all necessary actions to release funds from both accounts for payment toward any and all expenses related to Krystal's post-high school education unless both parties mutually agree to withhold the funds. Withdrawals from these accounts shall be made in equal amounts from each account. If, at the time Krystal attains twenty-five (25) years of age, she is not enrolled in a post-high school education program, any and all remaining funds in the accounts shall be distributed equally to Husband and Wife for their sole and exclusive use. If Krystal is enrolled in a post-high school education program when she attains twenty-five (25) years of age, any and all remaining funds in the accounts shall be used towards her education expenses. 6 Any and all remaining funds in the accounts when Krystal finishes her post-high school education program shall be divided equally between Husband and Wife for their sole and exclusive use. D. Satisfactorv Division of Marital and Non-Marital Property. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, 401(k), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. 3. Marital Residence. The parties acknowledge that they are the owners of the property and lot situate at 191 South Locust Point Road, Mechanicsburg, Pennsylvania 17050 (hereinafter "Marital Home"). Husband shall become the sole and exclusive owner of the Marital Home and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and/or interest she may have in and to the Marital Home. Husband shall, within fifteen (15) days of the date Jackson National Life Insurance Company divides the joint annuity pursuant to Paragraph 4 of this Agreement, satisfy the existing home equity loan secured by the Marital Home from the portion of the Annuity retained by Husband as his sole and separate property. Wife shall, at Husband's request, execute a deed transferring all of her right, title and interest in the Marital Home to Husband, which deed shall be prepared by Husband's counsel and held in escrow by Wife's counsel until such time as Husband satisfies the 7 existing home equity loan; thereafter, the deed will be released from escrow for recording. Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Home shall be endorsed to reflect Husband as the sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under such insurance policies. Commencing on the execution date of this Agreement, Husband shall be solely and exclusively responsible for all costs, expenses and liabilities associated with or attributable to the Marital Home, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Home. If Husband refuses to indemnify Wife for any such expenses, Wife is entitled to recover from Husband all costs, expenses and legal fees incurred in enforcing Husband's duty to pay the expenses. 4. Jackson National Life Insurance Company Annuity #007113269A Husband and Wife acknowledge that they are the joint owners of the Jackson National Life Insurance Company Annuity #007113269A (hereinafter "Annuity"). Wife shall receive Four Hundred Seventy-Five Thousand ($475,000) Dollars from the Annuity as her sole and separate property. Husband shall retain the remaining balance of the Annuity as his sole and separate property. Any and all principal (tax-free portion) and earnings (taxable portion) on the principal shall be divided 8 between the parties in proportion to the amount of the total account balance they are each receiving. By way of example, if the $475,000 to be distributed to Wife is eighty (80%) percent of the total balance of the annuity, the distribution to Wife shall be comprised of 80% of the total principal (non-taxable) and 80% of the total earnings (taxable). Wife shall receive her portion of the Annuity by way of a separate annuity administered by Jackson National Life Insurance Company pursuant to a Domestic Relations Order substantially in the form of the document attached hereto as Exhibit A. The parties shall execute the stipulation approving the Domestic Relations Order concurrently with the execution of this Agreement. 5. Taxes. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 6. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 7. Transfers Subiect to Existing Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or 9 encumbrance. 8. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 9. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 10. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 11. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 10 12. Debts. Wife shall be solely responsible for the payment of the joint marital debt consisting of a. Members lst Visa account #7462; b. Discover account #9456; C. Chase Bank account #0815; d. Washington Mutual account #6060; and e. Dell Financial Services, LLC account #5470. Husband and Wife shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 13. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands 11 made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 14. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 15. Alimony. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 16. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 17. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part 12 thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 18. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 19. General Provisions. This Agreement constitutes the entire understanding of the parties 13 and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 21. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, (optional - to rescind this Agreement,] or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 22. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 23. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 24. Severability. If any provision of this Agreement is held by a Court of competent 14 jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 25. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. Agreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness: 15 % J . * COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . SS. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, KELLY A. MORRISON, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this .?? day of , 2009. 5 ?R,? A - -?? Notary Publi My Commission Expires: COAANIONWEALTH OF PENNSYLVANIA NotOM Seat Vay L Rtz, TvVPN., Public COUrdY MyCo Fores Jan. 6,2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, THOMAS B. MORRISON, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this _C'-K"071 .0_ day of p.?, , 2009. COMMONWEALTH OF Pt-tvritiiLVANIA Member My Commission 7.001 16 Cr Tfjz I ?TP ZV 2009 MAY -8 AM 10. ? 5 KELLY MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYSLVANIA V. NO. 08 - 0079 THOMAS MORRISON, CIVIL ACTION- LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on January 7, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. 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: 0q_ 30_0200 Kelly Mo son, Plaintiff S S :01 Wd $- OW 6UQZ KELLY MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYSLVANIA V. : NO. 08 - 0079 THOMAS MORRISON, CIVIL ACTION- LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c)-AND 43301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. Section 4904 relating to unsworn falsification to authorities. Date: y ,3 O- ??? 9 Kelly o ison, PI intiff 9 S :Q# WY 8- Ow 60oz 301-!4 ti*-Q3'1H Smigel, Anderson & Sacks, LLP Ann V. Levin, Esquire 1D #70259 James R. Demmel, Esquire ID #90918 4431 North Front Street, 3" FIT. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys lur Plaintiff KELLY A. MORRISON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS B. MORRISON, DEFENDANT NO. 08-79 CIVIL CIVIL ACTION - DIVORCE STIPULATION AND NOW, this of 43111- ( , 2009, the parties in the above-referenced action hereby stipulate and agree that the Qualified Domestic Relations Order attached hereto encompasses their intent and that it may be adopted as a Court Order. NIA KAY A orrison '' Thomas B. Morrison SMIGEL, ANDERSON & SACKS, LLP 2Q 4 Ja D mmel, Esquire I.D. #: 90918 Lorin nyder, Esq 44Ak,N,pFffi Front Street 28 S. 'tt St. Harrisburg, PA 17110 Carlisle PA (717) 234-2401 (717) 24 -9688 Attorney for Plaintiff Attorney r D r?r THE t? ! KELLY A. MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYSLVANIA V. NO. 08 - 0079 THOMAS B. MORRISON, CIVIL ACTION- LAW Defendant 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 §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: The Complaint was served via First Class Mail on counsel for Defendant on January 9, 2008. A copy of the Acceptance of Service is attached hereto. 3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on April 30, 2009; and by Defendant on May 4, 2006. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: Not applicable. (2) Date of filing and service of the Affidavit upon the Respondent: Not applicable. 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: Not applicable. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Simultaneously with the filing of this Praecipe. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 6, 2009. SMIGEL, ANDERSON & SACKS, LLP Date: NA6) ? 200 By: ?- A V. Temmel, Esquire I.D-#: 70259 J es Esquire I.D.#: 90918 443 Noont Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID #70259 C') 'NO James R. Denunel, Esquire 1D #90918 1-- 4431 North Front Street, 3" Flr. Harrisburg, PA 17110-1778 y (717) 234-2401 alevin(a)sasllp.com `' t f jdenuneU?? asllp.com -- -;? _: ?? Attorneys for Plaintiff KELLY A. MORRISON, IN THE COURT OF COMMdN PLEAS-J PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-79 CIVIL THOMAS B. MORRISON, DEFENDANT CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, Jane Adams, Esquire, counsel for Defendant, accept service of the Complaint Under Section 3301(c) or 3301(d) of the Divorce Code and Plaintiff's Demand for Hearing on Count IV, Claim for Alimony Pendente Lite on behalf of Defendant and•certify that I am authorized to do so. Date: Adams, Esquire South Pitt Street -- arlisle, PA 17013 (717) 245-8508 .t -' _ F L Fr, TL?- D, 2609 MAY i I Pil 12: 0 Smigel, Anderson & Sacks, LLP Ann V. Levin, Esquire ID #70259 James R. Demme], Esquire ID #90918 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff KELLY A. MORRISON, PLAINTIFF V. THOMAS B. MORRISON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-79 CIVIL CIVIL ACTION - DIVORCE DOMESTIC RELATIONS ORDER This order relates to the provision of marital property rights to a former spouse of the Participant and is made pursuant to the domestic relations law of the State of Pennsylvania. The cause is before the court upon the motion of both parties, the court having entered a Judgment for Divorce and this order having been agreed to by each of the parties, and said agreement being incorporated into the Judgment for Divorce. IT IS HEREBY ORDERED THAT: This order shall constitute a "qualified domestic relations order" as defined in §414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and §206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended ("BRISA"). 2. This order applies to the Jackson Life Insurance Company Annuity #007113269A (the "Annuity"), which is administered by Jackson Life Insurance Company, 1 Corporate Way, Lansing, MI 48951. 3. The Annuity participants to whom this order relates are Thomas B. Morrison (hereinafter referred to as "Husband") and Kelly A. Morrison (hereinafter referred to as "Wife"). The last known M mailing address and social security number of Husband are: 191 S. Locust Point Road Mechanicsburg, PA 17055 Social Security No.: 187-38-3323 The last known mailing address and social security number of Wife are: 132 Easterly Drive Mechanicsburg, PA 17055 Social Security No.: 211-54-6582 5. As part of the division of the estate of the parties, Wife shall receive Four Hundred Seventy-Five Thousand ($475,000) Dollars from the Annuity as her sole and separate property. Husband shall retain the remaining balance of the Annuity as his sole and separate property. The principal and any and all earnings on the principal shall be divided between the parties in proportion to the amounts they are each receiving. Wife shall receive her portion of the Annuity by way of a separate annuity administered by Jackson National Life Insurance Company in the name of Kelly A. Morrison, subject to the same provisions as the existing Annuity. This division shall be carried out by Jackson National Life Insurance Company as soon as administratively feasible after receiving this Qualified Domestic Relations Order. 6. Husband and Wife shall notify the Plan Administrator in writing of any changes in their respective mailing addresses subsequent to the date of this order. 7. This order shall not be construed to: a. require the Annuity to provide any type or form of benefit or any option not otherwise provided under the Annuity; or b. require the Annuity to provide increased benefits. 8. This order shall be incorporated into the Judgment for Divorce for purposes of enforcement. 9. It is the intention of Husband and Wife that the foregoing provisions shall qualify as a qualified domestic relations order, and whenever the provisions hereunder are inconsistent with the definition of a qualified domestic relations order as may be contained, from time to time, in the Code or ERISA, this order shall be amended, from time to time, as may be necessary to comply with the requirements for a qualified domestic relations order under said statutes or regulations promulgated pursuant thereto and to cause this order to be accepted as a qualified domestic relations order by the Plan Administrator. Both parties shall enter into an agreed order of court as may be reasonably required to amend this order to comply with such requirements. This day of , 2009. Copies to: Jackson National Life Insurance Company 1 Corporate Way Lansing, MI 48951 James R. Demmel, Esquire - Smigel, Anderson & Sacks LLP 4431 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff/Wife 6 'I" Mal-al 15-1 110f Lorin Snyder, Esquire ?lQ?dc2a ?? ?/ / Of' Turo Law Offices 28 S. Pitt St. Carlisle, PA 17013 Attorney for Defendant/Husband nLED-oFr !CE OF THE r'^CT lI"l N 0TARY 2009 MAY 12 PH 3: 0 8 Kelly A. Morrison V. Thomas B. Morrison DIVORCE DECREE AND NOW, it is ordered and decreed that Kelly A. Morrison , plaintiff, and Thomas B. Morrison , defendant, are divorced from the bonds of matrimony. 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.") A"R None. It is further ORDERED and DECREED that the Marriage Settlement Agreement executed by and between the parties dated April 30, 2009, is incorporated by reference into this Decree for the purposes of enforcement, but shall NOT be deemed to have been with this Decree. By the Attest: 11 J. 7d&.IE6? rothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-0079 CIVIL TERM a z? ?. _.;?? P?,?tJ,, a i