HomeMy WebLinkAbout08-3755KATHLEEN B. MORSE,
Plaintiff
V.
STEPHEN R. MORSE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:No. 08 - Z766 ?ivi t Tex- +
CIVIL ACTION - DIVORCE/CUSTODY
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 at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
J6
KATHLEEN B. MORSE,
Plaintiff
V.
STEPHEN R. MORSE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. b b`= 37Ss"-? `r.
: CIVIL ACTION DIVORCE/CUSTODY
DIVORCE COMPLAINT WITH CUSTODY CLAIM
The Plaintiff, Kathleen B. Morse, by and through her attorneys, The Law Offices of Patrick
F. Lauer, Jr., L.L.C., makes the following Complaint in Divorce:
COUNT I - NO-FAULT DIVORCE - §§ 3301(c) or 3301(d)
1. The Plaintiff, Kathleen B. Morse, is an adult individual who currently resides at 27
Greenmont Drive, Enola, Cumberland County, Pennsylvania 17025.
2. The Defendant, Stephen R. Morse, is an adult individual who currently resides at 27
Greenmont Drive, Enola, Cumberland County, Pennsylvania 17025.
3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for
at least six months immediately prior to the filing of this Complaint.
4. The parties were married on December 20, 1997, in Dauphin County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties
except: the parties were previously divorced from each other a divorce decree was granted by the
Court of Common Pleas at Docket No. 95-7357, on December 31, 1996.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and that the plaintiff may have
the right to request that the court require the parties to participate in counseling.
8. This action is not collusive.
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WHEREFORE, the Plaintiff requests this Honorable Court enter a Decree of Divorce in this
matter.
COUNT II - EQUITABLE DISTRIBUTION - § 3502(a)
9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by
reference as if set forth specifically below.
10. During the course of the marriage, the parties acquired property and incurred debt,
titled jointly, individually, or both, which remains in the possession of the individual parties.
WHEREFORE, the Plaintiff respectfully requests the Court to equitably divide, distribute or
assign the marital property between the parties in such proportion as the Court deems just after
consideration of all relevant factors and thereby enter an order of equitable distribution of marital
property pursuant to § 3502(a) of the Divorce Code.
COUNT III - CUSTODYNISITATION - § 5303
11. Paragraphs one (1) through ten (10) are incorporated herein by reference.
12. There is one dependent child to this marriage as follows: Amy L. Morse, born
October 26, 1993 (age 14). The child was adopted by both parents.
13. The Plaintiff seeks partial physical custody of the minor child of this marriage.
14. The minor child is presently in the custody of the both the Plaintiff and the
Defendant, who reside at 27 Greenmont Drive, Enola, Cumberland County, Pennsylvania 17025.
15. During the past five years, the child has resided at the following address with the
following persons:
Dates:
Addresses:
List All Persons:
2003- present
27 Greenmont Drive
Enola, Pa
Mother, Kathlen Morse
Father, Stephen Morse
16. The Mother of the child is the Plaintiff, currently residing at 27 Greenmont Drive,
Enola, Cumberland County, Pennsylvania 17065. She is married to the Defendant.
17. The Father of the child is the Defendant, currently residing at 27 Greenmont Drive,
Enola, Cumberland County, Pennsylvania. He is married to the Plaintiff.
18. The relationship of Plaintiff to the child is that of adoptive mother. She currently
resides with the Defendant and the child.
19. The relationship of Defendant to the child is that of adoptive father. He currently
resides with the Plaintiff and the child.
20. The Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court.
21. The Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
22. The Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the child.
23. The best interest and permanent welfare of the child will be served by granting the
relief requested, because:
a. Plaintiff can provide the child with adequate moral, emotional, and physical
surroundings as required to meet the child's needs;
b. Plaintiff is willing to continue custody of the child.
C. Plaintiff continues to exercise parental duties and enjoys the love and
affection of the child.
24. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child has been named as parties to this action. No other
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persons are known to have or claim a right to custody or visitation, and therefore no notice will be
given of the pendency of this action and the right to intervene, save as to the Defendant.
WHEREFORE, The Plaintiff respectfully requests this Honorable Court approve any
settlement reached between the parties; or, in the event they are unable to reach a settlement, grant
the Plaintiff rights of physical custody and/or visitation.
COUNT IV - SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE
AND ALIMONY UNDER SECTIONS 3701(a) AND 3702 OF THE DIVORCE
CODE
25. Paragraphs one (1) through twenty-four (24) of the Divorce Complaint are incorporated
herein by reference as if set forth specifically below.
26. Plaintiff is unable to sustain herself during the course of litigation.
27. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to
sustain herself through appropriate employment.
WHEREFORE, plaintiff respectfully requests the Court to enter an award of spousal
support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony
in her favor pursuant to Section 3701(a) and 3702 of the Divorce Code.
Respectfully ,
Date: 611912-001
Law Offic
2108 M
Camp ill
ID# 84745
qAey, Esquire
es' of Patrick F. Lauer, Jr., L.L.C.
.et Street, Aztec Building
Pennsylvania 17011-4706
Tel. (717) 763-1800
KATHLEEN B. MORSE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. No.
STEPHEN R. MORSE, CIVIL ACTION - DIVORCE/CUSTODY
Defendant
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn
falsification to authorities.
Date: 017
Kathleen B. Morse
c CA (A C)
D 7IJ IT
KATHLEEN B. MORSE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 08 - 3755 Civil Term
STEPHEN R. MORSE, CIVIL ACTION - DIVORCE/CUSTODY
Defendant
I, Charles Rector, Esquire, attorney for the Defendant in the above-captioned matter, accept
service of the COMPLAINT IN DIVORCE pursuant to Pennsylvania Rule of Civil Procedure, Rule
1930.4(d). I certify that I am authorized to accept service on behalf of the Defendant.
les Rector squir
Date: 4 A /'?
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KATHLEEN B. MORSE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA.
V. : No. 08-3755
STEPHEN R. MORSE, CIVIL ACTION - DIVORCE/CUSTODY
Defendant
STIPULATION
WHEREAS, the subject of this stipulation for custody is the Plaintiffs and Defendant's,
child, Amy L. Morse, born October 26, 1993; and
WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody,
and visitation of the child; and
WHEREAS, it is in the best interest of the child that this Court decide the matter because the
cluld resides in Cwnberland County, Peiulsylvania, it is the desire of both parents and all parties
involved that the child continue to live with her Father in Cumberland County, thus giving this
Court jurisdiction;
THEREFORE, in consideration of the mutual covenants, promises, and agreements as
hereinafter set forth, and intending to be legally bound, the parties agree as follows:
1. The parties will share joint legal custody of Amy L. Morse, October 26, 1993. The
parties agree that major decisions concerning their child, including, but not necessarily limited to,
the child's health, welfare, education, religious training and upbringing shall be made by them
jointly, after discussion and consultation with each other, with a view toward obtaining and
following a harmonious policy in the child's best interest. Each party agrees not to impair the other
party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the
affections of the child from the other party. Each party shall notify the other of any activity or
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circumstance concerning their child that could reasonably be expected to be of concern to the other.
Day to day decisions shall be the responsibility of the parent then having physical custody. With
regard to any emergency decisions, which must be made, the parent having physical custody of the
child at the time of the emergency shall be permitted to make any immediate decisions necessitated
thereby. However, that parent shall inform the other of the emergency and consult with him or her
as soon as possible. Each party shall be entitled to complete and M information from any doctor,
dentist, teacher, professional or authority and to have copies of any reports given to either party as a
parent.
2. Father, Stephen R. Morse, shall have primary physical custody of the child.
3. Mother, Kathleen B. Morse, shall have partial physical custody of the minor child on
alternating weekends from Friday after school (or 4:00 p.m. when school is out) until Sunday at
8:00 P.M.
4. Father shall have physical custody of the child during odd numbered years and
Mother shall have physical custody of the child during even numbered years for the following
holidays: New Years Day, Memorial Day, Thanksgiving, Christmas Eve, and New Year's Eve
(5:30 p.m. December 31 until 12:00 p.m. January 1).
5. Father shall have physical custody of the child during even numbered years and
Mother shall have physical custody of the child during odd numbered years for the following
holidays: Easter, Labor Day, and Christmas Day.
6. The holiday schedule shall take precedence over the regular custody schedule.
7. It is the responsibility of the parry that is to begin physical custody to pick the child
up at the residence of the other party. If the parry picking up the children is going to be fifteen (15)
e
minutes or more late for the scheduled pick up time they are to contact the other party to let them
know in advance.
8. Each parent shall be entitled to reasonable telephone contact with child when the
child is in the custody of the other parent.
9. Neither parent shall permanently relocate if the .relocation would necessitate a
change in the visitation schedule or if the relocation would exceed a fifty (50) mile radius without a
minimum notice of sixty (60) days to the other parent. The sixty (60) day notice is designed to
afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter
listed for a Court hearing.
10. Both parents shall refrain from making derogatory comments about the other parent
in the presence of the child and to the extent possible shall prevent third parties from making such
comments in the presence of the child.
11. This stipulation may only be altered by the mutual consent of Mother and Father.
12. It is the intention and desire of each of the undersigned parties that this Stipulation
be confirmed as an order of court, without requiring their presence before the court, pursuant to
Rule 1915.7.
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AUG 05 2008
KATHLEEN B. MORSE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 08 - 37 55
STEPHEN R. MORSE, CIVIL ACTION - DIVORCE/CUSTODY
Defendant
CONSENT ORDER
AND NOW, this -?Lday of 2008, upon consideration of the attached
Stipulation of the parties in the above-captioned matter, consisting of three pages and bearing the
written consent of the parties,
AND upon direction of this court that the parties need not be present before the court in
order to incorporate their Stipulation into a consent order,
IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in
full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule
1915.7.
Distribution:
-M in Markley, Esq. 108 Market Street, Camp Hill, PA 17011
iarles Rector, Esq., 1104 Fernwood Avenue, Ste. 203, Cam eg?
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KATHLEEN B. MORSE,
Plaintiff
V.
STEPHEN R. MORSE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 08 - 3755 Civil Term
CIVIL ACTION - DIVORCE/CUSTODY
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
June 25, 2008.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
4. 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
unworn falsification to authorities.
A4474?--
Date: ?-3o-07'. Signature:
Kathleen B. Morse
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KATHLEEN B. MORSE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 08 - 3755 Civil Term
STEPHEN R. MORSE, CIVIL ACTION - DIVORCE/CUSTODY
Defendant
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 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.
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.
4. , 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
unworn falsification to authorities.
Date: ?-30-oy Signature: 4At-K?
Kathleen B. Morse
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KATHLEEN B. MORSE,
Plaintiff
V.
STEPHEN R. MORSE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08 - 3755 Civil Term
CIVIL ACTION - DIVORCE/CUSTODY
THIS AGREEMENT by and between KATHLEEN B. MORSE, of Enola, Cumberland
County, Pennsylvania, hereinafter referred to as Wife; and STEPHEN R. MORSE of Enola,
Cumberland County, Pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT:
WHEREAS, Husband and Wife were married on December 20, 1997, in Dauphin County,
Pennsylvania; and
WHEREAS, both Husband and Wife are bona fide residents of the Commonwealth of
Pennsylvania and have been for at least the past six months; and
WHEREAS, certain differences have arisen between the parties hereto and, as a
consequence, they have ceased living as Husband and Wife; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights
and obligations, make an equitable distribution of their marital property, and determine their rights
to alimony, support, and all other matters which may be considered under the Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an agreement for the division of
their jointly owned assets, the provisions for the liabilities they owe; and provisions for the
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, and the parties now wish to have that agreement reduced
to writing; and
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WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith,
Husband was represented by Charles Rector, Esquire, and Wife was represented by Marlin L.
Markley, Esquire; and
NOW THEREFORE, the parties, in consideration of the mutual promises set forth
hereinafter, and for other good and valuable consideration, intending to be legally bound and to
legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant,
promise, and agree as follows;
1.1 SEPARATION. It shall be lawful for Husband and Wife at all times hereafter 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, direct or indirect,
by each other. Neither party shall molest the other or compel or endeavor to compel the other to
cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall
not be taken to be an admission on the part of either party of the lawfulness of the causes leading to
them living separate and apart.
1.2 EFFECT OF RFCONCILIATION. This Agreement shall not be deemed to have
been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital
relations between the parties. The parties shall not be deemed to have reconciled with the intention
of vitiating or terminating this Agreement unless they make such actions through a written
instrument, executed, and acknowledged in the same manner as this Agreement.
2.1 DIVORC F ACTION. The parties agree to remain married through December 31,
2008, to facilitate the filing of joint tax returns for 2008 and the continued maintenance by
Husband, at his cost, of Wife's health insurance coverage. This Agreement is not predicated on
divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties
that Wife has filed a divorce action against Husband, and that both parties agree, as a condition to
this agreement, to execute the necessary divorce consents required by Section 3301(c) of the
Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to
promptly finalize said action after December 31, 2008. It is warranted, covenanted, and represented
by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this
warranty, covenant, and representation is made for the specific purpose of inducing Husband and
Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby
waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in
whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any
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possible event, he and she are and shall forever be estopped from asserting any illegality or
unenforceability as to all or any part of this Agreement.
2.2 FINAi, RESOLUTION- It is further specifically understood and agreed that the
provisions of this Agreement relating to the equitable distribution of property of the parties are
accepted by each party as a final settlement for all purposes whatsoever. Should either of the
parties obtain a decree, judgment or order of separation or divorce in any other state, country, or
jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement
and all its covenants shall not be affected in any way by any such separation and divorce; and that
nothing in any such decree, judgment, order or further modification or revision thereof shall alter,
amend or vary any term of this Agreement, whether or not either or both of the parties should
remarry, it being understood by and between the parties that this Agreement shall survive and shall
not be merged into any decree, judgment or order of divorce or separation.
2.3 INCORPORATION OF AGRFFMFNT INTO DECRFF; It is specifically
agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment
or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall
not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive
any such judgment or decree.
3.1 CRITERIA OF DISTRIBUTION. The parties have attempted to divide their
marital property in a manner which conforms to the criteria set forth in Section 3502 of the
Pennsylvania Domestic Relations Code, and taking into account the following considerations: the
length of the marriage; the prior marriages of the parties; the age, health, station, amount and
sources of income, vocational skills, 'employability; estate, liabilities, and needs for each of the
parties; the contribution of one party to the education, training or increased earning power to the
other party; the opportunity of each party for future acquisition of capital assets and income; the
sources of income of both parties, including but not limited to medical, retirement, insurance or
other benefits; the contribution or dissipation ,of each party in the acquisition, preservation,
depreciation, or appreciation of marital property, including the contribution of a party as a
homemaker; the value of the property set apart to each party; the standard of living of the parties
established during their marriage; and the economic circumstances of each party, including federal,
state and local tax ramifications, at the time of the division of the property is to become effective.
3.2 SAITSEACTION OF RIGHTS OF EQUITABLE DISTRIBUTION. The
division of existing marital property is not intended by the parties to constitute in any way a sale or
exchange of assets. The division of property under this Agreement shall be in full satisfaction of all
rights of equitable distribution of parties.
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3.3 RF.T.TNnTTTSHMF.NT OF CLAIMS Husband. agrees to relinquish all claims to
any assets. that may be acquired by Wife prior. to the finalized divorce decree, and Wife agrees to
relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce
decree, except as may be otherwise set forth herein.
3.4 MARITAL RF,SIDENCE. Wife agrees to vacate the marital residence and
transfer to Husband all of her interest in the marital residence at 27 Greenmont Drive, Enola,
Cumberland County, Pennsylvania 17025. Husband shall have sole and exclusive possession
thereof, and Wife shall cooperate with the execution of all documents in the usual form conveying,
transferring, -and granting to Husband all her right, title, and interest in and to the marital residence.
3.5 PERSONAL PROPERTY. The parties agree to division of personal property as
listed on attached "Exhibit A". Any property not listed on "Exhibit A" has already been divided to
their mutual satisfaction: Each party hereby waives rights to any property in the possession of the
other.
3.6 HTISHANn'S 461($) RFTIRFMFNT. Husband agrees to transfer and assign to
Wife one-half of his Skelly & Loy, Inc. Salary Savings Plan administered by Principal Financial
Group. Husband agrees to draft or incur the expense for drafting any qualified domestic relations
order necessary for this transfer. An approved qualified domestic relations order shall be filed with
the court no later than thirty days after a divorce decree is granted.
3.7 HUSBAND'S INDIVITNTAI RFTTRFMFNT ACCOUNT. Husband agrees to
transfer and assign to Wife one-half of his LPL Financial Retirement Account. Husband agrees to
draft or incur the expense for drafting any qualified domestic relations order necessary for this
transfer. An approved qualified domestic relations order shall be filed with the court no later than
thirty days after a divorce decree is granted.
3.8 ' VF.HTC I N S, There are two marital vehicles, namely a Ford Focus and a 2006
Nissan Sentra. The parties agree that HUSBAND will undertake all financial responsibility for
the Ford Focus, including, but not limited to, loan payments, insurance premiums, and
maintenance. The parties also agree that WIFE will undertake all financial responsibility for the
2006 Nissan Sentra, including, but not limited to, loan payments, insurance premiums, and
maintenance.
If, by the time of execution of this agreement, title has not been transferred to reflect sole
ownership of the 2006 .Nissan Sentra in WIFE and sole ownership of the Ford Focus in
HUSBAND, such arrangements shall be made within five (5) business days of the execution date
of this Agreement. In the event that 'the financial institution holding the title to the Nissan
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Sentra will not permit title transfer as above described, the parties agree to cooperate fully with
the provisions of this paragraph following payoff of the vehicle loan.
Husband and Wife hold title to a 2002 Ford Focus used by their son, Sean. Husband
agrees to assume sole responsibility for payment of the debt on this vehicle and to save Wife
harmless from payment of same. The parties agree to effectuate the transfer of title from
Husband and Wife to Sean as soon.as practicable, following satisfaction of the loan by Husband.
4.1 DF.RTS. It is agreed that the parties have accumulated debt during the marriage and
that said debt shall be divided in the following manner:
a) Capital One (Credit Account) - Husband shall be solely responsible for this
debt with an approximate balance of $18,536.00 and agrees to indemnify and hold Wife harmless
as to same;
b) Blue Chip Federal Credit Union (Credit Account) - Husband shall be solely
responsible for this debt with an approximate balance of $4,000.00 and agrees to indemnify and
hold Wife ham-?less as to same;
C) AES (College Loan) - Husband shall be solely responsible for this debt with
an approximate balance of $4,988.00 and agrees to indemnify and hold Wife harmless as to same.
d) Sears Mastercard (Credit Account) - Husband shall be solely responsible for
this debt and agrees to indemnify and hold Wife harmless as to same.
The parties acknowledge and agree that Wife's approximate portion of the debt identified in
Paragraphs (a) through (d) totals $7,900.00. In consideration for Husband assuming sole
responsibility for such debt, Wife agrees to a reduction in the amount of $200.00 per month in
alimony to be paid by Husband to Wife for a term of forty-eight (48) consecutive months, which
adjusted alimony payments are further identified in Paragraph 5.1 of this agreement.
4.2 MORTGAGE FOR RFSIDFNCF,I,OCATFD AT 7 GRFFNMONT DR1VF
FNOLA, PFNNSUNAMA. Husband agrees to accept sole responsibility for the mortgage
encumbering the marital residence, and to hold Wife free and harmless from any and all liability
which may arise from said mortgage. Husband shall accomplish an administrative assumption of
the existing mortgage to. facilitate removal of Wife's name therefrom. Alternatively, Husband shall
refinance the mortgage into his name only no later than August 1, 2009. If Husband is ninety (90)
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days or greater late making any mortgage, tax, or insurance payment on the property prior to
administrative assumption and/or refinancing the mortgage into his name only or fails to secure
financing in his name for the property by August 1, 2009, then both parties will cooperate with the
sale of the property and any proceeds or liability resulting from the sale of the property will be the
sole property/responsibility of Husband.
4.3 SPECIFIC OUTSTANDING DE,RTS OF AITSRAND_ Husband agrees to accept
sole responsibility for, and to hold Wife free and harmless from any and all liability which may
arise from any account or debt that is solely in Husband's name.
4.4 SPECIFIC OUTSTANDING DEBTS OF WIFE.. Wife agrees to accept sole
responsibility for, and to hold Husband free and harmless from any and all liability that may arise
from any account or debt that is solely in Wife's name.
5.1 ALIM0 . Husband shall pay alimony to Wife.
a) Husband shall pay to wife on or before the first day of each month the sum
of $ 1,600.00. The first payment is due on or before September 1, 2008. After forty-eight months,
the monthly payments shall increase to $1,800.00 per month. mi alin y pacts frm anbm-o to
Fife small he rr?r?ifiabie Mess s rh zrodificaticn is specifically autl? herein.
b) The term of alimony shall be for ten (10) years (one hundred twenty
consecutive monthly payments) commencing September 2008. Said alimony shall terminate
sooner upon Husband's death, wife's death, Wife's remarriage or Wife's cohabitation with a
non-immediate family member. For purposes of this Agreement, cohabitation shall be defined as
continuous shared residence for a period in excess of seven (7) days, with no requirement that
either cohabitor contribute to the support of the other.
However, if Wife remarries" and/or cohabits, Husband shall pay to Wife alimony in the
monthly amount of $270.00, commencing on the first month following Wife's remarriage or
cohabitation and continuing through December 31, 2012, at which time Husband's obligation to
pay and Wife's right to receive alimony shall terminate. This reduced alimony obligation of
Husband shall terminate sooner upon the death of Husband or Wife.
C) The payments made by Husband to Wife pursuant to this Paragraph shall
be deemed alimony for tax purposes. Wife shall include those payments in her taxable income
and Husband may deduct them for purposes of his income. The payments shall be made by
Husband directly to Wife unless Wife elects to have the payment made through the Domestic
Relations Office, in which event. the parties shall cooperate to obtain an appropriate Order
requiring the payment due to Wife to be made through the Domestic Relations Office.
6
8'
s4fik g- f7- C5
5.2 CHILD STTPPORT. Wife shall pay to Husband the sum of $600.00 per month, as
child support, for the support of the parties' minor daughter Amy L. Morse. The payments shall
commence on November 1, 2008 and shall continue thereafter on the first day of each and every
consecutive month until modified or terminated in accordance with the terms of this Agreement.
Wife shall be obligated to pay support for the daughter until the daughter reaches the age of
eighteen (18) or graduates from high school, whichever event occurs later. This paragraph is based
upon the parties' current income including the- payment of alimony (see paragraph 5.1) from
Husband to Wife, and the Pennsylvania Support Guidelines. The child support obligation is both
modifiable and is intended to terminate consistent with Pennsylvania Law regarding child support.
6.1 JOINT TAX. RFTTIRN FOR 2008, The parties agree to remain married through
December, 31, 2008, and to participate in the filing of joint federal, state and local tax returns for the
2008 tax year. The parties agree to share equally any joint tax -liabilities or refunds. To facilitate
this filing, Husband agrees to not deduct as alimony any amounts paid to Wife pursuant to this
Agreement prior to December 31, 2008, and Wife shall not be obligated to declare said monies as
alimony. The parties shall consider all payments made by Husband to Wife through December 31,
2008, as non-taxable equitable distribution payments. The parties acknowledge and agree that the
terms of this Paragraph shall not affect the duration of alimony payments made by Husband to Wife
pursuant to Paragraph 5.1 above.
6.2 ATTORNEYS FFES UPON BREACH. Each of the parties agrees that should
either of them be in breach of contract and fail to comply with the terms of the Agreement herein
the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to
enforce the Agreement.
6.3 ADVICE OF COTTNSFT.. The parties. acknowledge that they have been given full
and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They
acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is
being entered into freely and voluntarily, after having, received such advice and with such
knowledge that execution of this Agreement is not the result of any duress or undue influence and
that is not the result of any collusion or improper or illegal agreement or agreements.
6.4 LEGAL FFFS. Husband and Wife agree to be responsible for their respective
legal fees.
6.5 CONTRACT WFERPRRTATION. For purposes of contract interpretation and
for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement
was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric
Service Co., 619 A.2d 285 (Pa. Super. 1992).
7
C/ 0
6.6 NUTTTTAT, RELEASE. Husband and Wife each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of such other, for all times to come
and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against
the property (including income and gain from property hereafter accruing) of the other, or against
the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafter may have against such other, the estate of such other, or any part thereof, whether
arising out of any former acts, contracts, engagements, or liabilities of such other as by way of
dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family
exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's
will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a
surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country.
The parties further release any claim to all rights which either party may have or at any time
hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise,
except and only except, all rights and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any thereof. It is the intention of
Husband and Wife to give each other by execution of this Agreement a full, complete and general
release with respect to any and all property of any kind of nature, real or personal, not mixed, which
the other now owns or may hereafter acquire, except and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the breach
of any thereof. Both parties acknowledge that they have been advised that each may have the right
to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or
expenses. Except as otherwise provided herein, each party hereby waives any right to such
economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to
these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce
Code.
6.7 W ARR ANTY S. Each party represents that they have not heretofore incurred or
contracted for any debt or liability or obligations for which the estate of the other party may be
responsible or liable, except as may be provided for in this Agreement. Each party agrees to
indemnify or hold the other party harmless from and against any and all such debts, liabilities or
obligations of each of them, including those for necessities, except for the obligations arising out of
this Agreement. Husband and Wife each warrant, covenants,, represent and agree that each will,
now at all times hereafter, :save harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of this Agreement, except as is
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
8
Kz! $ / _,?V -6
6.8 MODIRCATION. No waiver or modification of any of the terms of this
Agreement shall be valid unless in writing and signed by both parties, and no waiver of any
enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the
same or similar nature.
6.9 DQUIBI +'.NT EXECUTION_ The parties agree that they will promptly execute
any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other
writings as may be necessary or desirable for the proper implementation of this Agreement, and as
their respective counsel shall mutually agree should be so executed in order to carry out fully and
effectively the terms of this Agreement.
6.10 GOVFRNING LAW. This Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this
Agreement.
6.11 BINDING. This Agreement shall be binding and shall inure to the benefit of the
parties hereto and their-respective heirs, executors, administrators, successors, and assigns.
6.12 ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of
the parties and supersedes any and all prior agreements and negotiations between them. There are
no representations or warranties other than those expressly set forth herein.
6.13 SFVFRABILITV. If any term, condition, clause, section, or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that
term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects,
this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure
of any party to meet his or her obligation under any one or more of the articles and sections shall in
no way void or alter the remaining obligations of the parties. The parties expressly represent that
the headings of each paragraph are solely for purposes of convenience and are not to be construed
as controlling.
6.14 FOUITARTIF DMSION. It is specifically understood and agreed that this
Agreement constitutes an equitable distribution of property, both real and personal, which was
legally and beneficially acquired by Husband and Wife, or either of them, during the marriage. as
contemplated by the Divorce Code of the Commonwealth of Pennsylvania.
6.15 DISCLOSURE The parties warrant and represent that they have made a full
disclosure of all assets prior to the execution of this Agreement and that this agreement was entered
into in reliance upon that disclosure.
9
,?/? -- 3° _ F,
19,67
6.16 ENFORCEABILITY ANn CONSIDERATION This Agreement shall survive
any action for divorce and decree of divorce and shall forever be binding and conclusive on the
parties, and any independent action may be brought, either at law or in equity, to enforce the
terms of the Agreement by either Husband or 'Wife until it shall have been fully satisfied and
performed. The- consideration for this contract and agreement is the mutual benefits to be
obtained by both of the parties hereto and the covenants and agreements of each of the parties to
the other. The adequacy of the consideration for all agreements herein contained and stipulated,
confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the
event either party breached the aforesaid Agreement and it is determined through appropriate
legal action that the alleged party has so breached the Agreement, the breaching party shall be
responsible for any and all attorney's fees as well as costs and expenses associated with litigation
incurred by the non-breaching party to enforce this Agreement against the breaching party.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year written.
Teen B. Morse Date
a Steph n R. Morse Date
10
Commonwealth of Pennsylvania:
SS
County of (r ;
PERSONALLY APPEARED BEFORE ME, this 304-h day of S 008, a
notary public, in and for the Commonwealth of Pennsylvania, Kathleen B. Morse, known to me
(or satisfactorily proven to be) the person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I. have hereunto set my hand and official seal.
otary Public
Commonwealth of Pennsylvania:
: SS
County of Ckwll a ?
COMMONWEALTH OF PENNSYLVANIA
ECwftdwd OWW Seal
rfter, {Noisy P?
SoM (:ImbWWM
o n Eons Mar. 24, 9 =
Member, Pennsylvania Assoclatlon of Nofarlee
PERSONALLY APPEARED BEFORE ME, this day ofd, 2008, a
notary public, in and for the Commonwealth of Pennsylvania, Stephen R. Morse, known to me (or
satisfactorily proven to be) the person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein contained.
IN WITNESS WHEREOF; I have hereunto set my hand and official seal.
6!f V
Notary Public
NOTARIAL SEAL
F MMY S. FAUST, Notary Public
rAlin TwN Camberind County Couodasiou E rea July S, 2010
11
Stephen and Kathleen Morse Financial summary
Rain Liability NaL Steve
LARGE ITEMS
House $203,500 ($193,602) $9,898 $9
898
Focus
Sentra $4,000 $0 $4,000 ,
$4,000
$13,193 ($13,361) ($168)
Credit Card Debt (Capital One) ($18,536) ($18,536) ($18
536)
Credit Card Debt (Blue Chip) ($2,200) ($2,200) ,
($2
200)
College Loan
Sean's Car - none (his) ($4,988) ($4,988) ,
($4,988)
OTHER ASSETS
Sean's room - none (his)
Amy's room - none (hers)
Master Bedroom
bed $150
dresser $200
triple dresser $250
2 night stands $100
TV stand $10
TV $50
ceder chest $50 $50
decorations
Dinning Room
hutch $400
table & six chairs $400
Decoration
Living Room
couch $150 $150
love seat $100 $100
tv $600 $600
tv stand $50 $50
round table $50
2 end tables $100 $100
glider rocker $50 $50
lamps $0 $0
decorations
EAU
($168)
$150
$200
$250
$100
$10
$50
$400
$400
$50
Stephen and Kathleen Morse Financial summary (cont.)
!gym Asset Lic .dot. stave Kathv
Family Room
Computer $100 $100
computer table $25 $25
wicker couch $50 $50
wicker chair $50 $50
2 wicker end tables $75 $75
wicker cofee table $50 $50
table and 4 chairs $200 $200
rocker $100 $100
desk $150 $150
shelf unit $50 $50
brown recliner $25 $25
blue recliner $25 $25
entertainment center $50 $50
tv $50 $50
cross trainer $100 $100
decorations $0
Laundry
washer $50 $50
dryer $50 $50
Garage
storage cabinets and shelves $50 $50
Refrigerator $75 $75
lawn mower $25 $25
edger $25 $25
Gardenlyard tools $100 $100
hand tools $50 $50
Kyak $240 $240
Deck
Table and 4 chairs $75 $75
picnic table and benches $50 $50
3 chairs and 2 end tables $25 $25
Gas Grill $50 $50
Total
Net assets
Kathy's legal fees (8,761.13) 1,441.88
Owe (2,800.00)
(7,901.50) 7,901.50
Other Assets
IRA $101,353 $50,677 $50
677
401k $36,702 $18,351 ,
$18,351
total $69,028 $69,028
S? ? rl '/ ? _ Q p`
Stephen and Kathleen Morse Financial summary (cont.)
Joint SRM KBM
hem A= Liability Liability Li bllio Steve
Other Payments
Sean's car loan
Sean's car insurance
Future College Loans
imary of Payment on Joint Debt
Capital one Credit Card
Blue Chip Credit card
College Loan
Sears
Total
($6,500)
$145/mo
$100/mo
Kathy
($18,500) ($1,500) $600/mo
($400) ($1,500) ($1,800) $1351mo
($4,900) $6&mo
($2,500) ($1,000) $105/mo
($30,300) ($5,500) ($2,800) $1,150/mo
4,61? 30-or
5,,(tA 4-11-69
•_...7 5
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t
KATHLEEN B. MORSE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 08 - 3755 Civil Term
STEPHEN R. MORSE, CIVIL ACTION - DIVORCE/CUSTODY
Defendant
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
June 25, 2008.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
4. 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: f a - 3 rs - (S Signature: `-
Stephen . Morse
d" p P?
KATHLEEN B. MORSE,
Plaintiff
V.
STEPHEN R. MORSE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08 - 3755 Civil Term
CIVIL ACTION - DIVORCE/CUSTODY
DEFENDANT'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1: I consent to the entry of a final decree of divorce without notice.
2. 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.
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.
4. 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: _ y 6 Signature: /?
Stephen R. Morse
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KATHLEEN B. MORSE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08 - 3755 Civil Term
STEPHEN R. MORSE, CIVIL ACTION - DIVORCE/CUSTODY
Defendant
PRAF.C'IPF, 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) §--330ffclj f }j
of the Divorce Code.
2. Date and Manner of service of the Complaint:
Defendant, Stephen R. Morse's attorney, Charles Rector, Esquire, accepted service of the
Complaint on June 30, 2008. See attached Acceptance of Service.
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 the Plaintiff Sentemher 30, 20OR-
by the Defendant Deceinher 30, MOR
(b) Date of execution of the affidavit required by § 3301(d) of the
Divorce Code:
Date of filing of the Plaintiffs affidavit upon the respondent:
Date of service of the Plaintiffs affidavit upon the respondent:
4. Related claims pending: Please incnrnoratP, without merging., the attached
Separatim and PmPC4 Settlement Agreement
5. (Complete either paragraph (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, ;
(b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with
the prothonotary: October 1, 20OR;
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed
with the prothonotary: filed simnltanernich? ?x?/Praecine
Respect y su itted,
Marl' arkley, Esquire
Law Offic of Patrick F. Lauer, Jr., LLC
2108 Market Street, Aztec Building
2 , 3 / •? ?o? Camp Hill, Pennsylvania 17011-4706
Date: ID# 84745 Tel. (717) 763-1800
IN THE COURT OF COMMON PLEAS OF
KATHLEEN B. MORSE CUMBERLAND COUNTY, PENNSYLVANIA
V.
STEPHEN R. MORSE NO. 08-3755 CIVIL TERM
DIVORCE DECREE
AND NOVV'-?-IML21k it is ordered and decreed that
KATHLEEN B. MORSE plaintiff and
STEPHEN R. MORSE
bonds of matrimony.
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.")
Please incorporate,' without merging, the attached Separation and Property
Prothonotary
Settlement Aareement
t
,row
'a
6
MAR 312009
Kathleen B. Morse
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW - IN DIVORCE
Stephen R. Morse NO. 08-3755 Civil Term
Defendant
QUALIFIED DOMESTIC RELATIONS ORDER
This Order relates to the provision of marital property rights to the Alternate Payee.
2. This Order creates and recognizes the existence of an Alternate Payee's right to receive
a portion of the Participant's benefits payable under an employer sponsored defined contribution
plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The
Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning
of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended
("ERISA"). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502.
3. This QDRO applies to the Skelly & Loy, Inc. Salary Savings Plan ("Plan"). Further,
this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for
provision of the Participant's benefits described below is incurred. Any benefits accrued by the
Participant under a predecessor plan of the employer or any other defined contribution plan
sponsored by the Participant's employer, whereby liability for benefits accrued under such
predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be
subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of
the Plan shall not affect Alternate Payee's rights as stipulated under this Order.
4. Stephen R. Morse ("Participant") is a participant in the Plan. Kathleen B. Morse
("Alternate Payee"), the former spouse of the Participant, is the Alternate Payee for purposes of
this QDRO.
5. The Participant's name, mailing address, Social Security number and date of birth are:
Stephen R. Morse
27 Greenmont Drive
Enola, PA 17025
Social Security #: 209-50-7106
Date of Birth: June 26, 1956
QDRO
Page 2
6. The Alternate Payee's name, mailing address, Social Security number and date of birth
are:
Kathleen B. Morse
315-F W. Shady Lane
Enola, PA 17025
Social Security #: 197-52-3003
Date of Birth: April 19, 1959
The Alternate Payee shall have the duty to notify the Plan Administrator in writing of
any changes in this mailing address subsequent to the entry of this Order.
7. The portion of the Participant's plan benefits payable to the Alternate Payee under this
QDRO is 50% of the Participant's vested account balance accumulated under the Plan as of
September 30, 2008. The Alternate Payee's share of the benefits shall be credited with any
investment income or losses attributable thereto from September 30, 2008, until the date of
distribution.
8. This QDRO does not require the Plan to provide any type or form of benefit the Plan
does not otherwise provide.
9. This QDRO does not require the Plan to provide increased benefits.
10. This QDRO does not require the Plan to pay any benefits which another order
previously determined to be a qualified domestic relations order requires the Plan to pay to
another alternate payee.
11. The Plan shall distribute to the Alternate Payee her benefits (as designated in
Paragraph 7 of this Order), as soon as administratively feasible following the Plan
Administrator's approval of this Order.
12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum
payment to her or a direct rollover to an Individual Retirement Account or a direct rollover to
another eligible retirement plan.
13. On and after the date that this order is deemed to be a QDRO, but before the Alternate
Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the
rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to,
the right to name a beneficiary, to the extent permitted under the Plan.
14. All payments made pursuant to this order shall be conditioned on the certification by
the Alternate Payee and the Participant to the Plan Administrator of such information as the
Plan Administrator may reasonably require from such parties.
15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under
Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall
reserve the right to reconfirm the qualified status of the order at the time benefits become payable
hereunder.
QDRO
Page 3
16. In the event that the Plan inadvertently pays to the Participant any benefits that are
assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall
immediately reimburse the Alternate Payee to the extent that he has received such benefit
payments and shall forthwith pay such amount so received directly to the Alternate Payee within
ten (10) days of receipt.
In the event that the Plan inadvertently pays to the Alternate Payee any benefits that
are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall
immediately reimburse the Participant to the extent that she has received such benefit payments
and shall forthwith pay such amount so received directly to the Participant within ten (10) day of
receipt.
17. After payment of the amount required by this QDRO, the Alternate Payee shall have no
further claim against the Participant's interest in the Plan.
18. The Alternate Payee assumes sole responsibility for the tax consequences of the
distribution under this QDRO.
19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not
be affected by the Participant's death (whether before or after benefit payments to the Alternate
Payee have commenced). In the event of the Alternate Payee's death prior to the commencement
of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the
remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the
Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no
designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate
Payee's estate.
20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). As soon as
administratively practicable after receipt of the proposed QDRO, while the Plan is determining
whether this order is a qualified domestic relations order, the Plan Administrator shall separately
account for the amounts which would have been payable to the Alternate Payee.
21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee
of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's
procedures for determining the qualified status of this QDRO. The Plan Administrator shall
determine the qualified status of the QDRO and shall notify the Participant and the Alternate
Payee of the determination within a reasonable period of time after receipt of this QDRO.
22. In the case of a conflict between the terms of this QDRO, and the terms of the Plan, the
terms of the Plan shall prevail.
v
QDRO
Page 4
23. The Court shall retain jurisdiction with respect to this Order to the extent required to
maintain its qualified status and the original intent of the parties as stipulated herein.
JA 4-A ?- day of ,` '*,
Accepted and ordered this
CONSENT TO ORDER:
Plaintiff/Alternate Payee Date
1&.L, //7, 3 _ a(,-? -0
efendant/Participant Date
Attorne for Plaintiff/ Date
Alterna Payee
51, (1!, L, /q4r J/,JBr
?0/?
torney f r Defendant/ Date
Participant
W )t+-U wt:?
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5314,D -
Vol
40
160 wr-
V t _ x
Kathleen B. Morse
Plaintiff
MAR 312009
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
IN DIVORCE
Stephen R. Morse
Defendant NO. 08-3755 Civil Term
QUAIJMD DOMESTIC RELATIONS ORDER
AND NOW, this _.c2?day of `MQA h , 204, the parties, Kathleen B. Morse,
Plaintiff, and Stephen R. Morse, Defendant, do hereby Agree and Stipulate as follows:
1. This Order relates to the provision of marital property rights to the Alternate Payee.
2. The Defendant, Stephen R. Morse, (hereinafter referred to as "Participant") has in effect the
following Individual Retirement Account with LPL Financial:
Individual Retirement Account for Stephen R. Morse held in
Account No. 4955-5680
3. Participant's date of birth is June 26, 1956, and his Social Security number is 209-50-7106.
4. The Participant, Kathleen B. Morse (hereinafter referred to as "Alternate Payee") is the former
spouse of Member. Alternate Payee's date of birth is April 19, 1959, and her Social Security number is
197-52-3003.
5. Participant's last known mailing address is:
27 Greenmont Drive
Enola, PA 17025
x
?;
QDRO-
Page 2 of 3
6. Alternate Payee's current mailing address is:
315-F W. Shady Lane
Enola, PA 17025
7. To accommodate the marital property distribution between the parties IT IS ORDERED,
ADJUDICATED AND DECREED AS FOLLOWS:
a. The IRA with LPL Financial referenced in Paragraph 2 is marital property.
b. That subject to the finalization of the divorce and the execution of the documents
required by LPL Financial, the following amount shall be awarded to the Alternate
Payee:
50% of the value of the account as of the date of distribution
c. The amount designated in Paragraph 7(b) shall be paid directly into the following
Individual Retirement Account:
Individual Retirement Account for Benefit of Kathleen B. Morse
Account No. 21675954
LPL Financial
2611 Hoffer Street
Harrisburg, PA 17103
d. The parties are directed to timely submit all documents that are required to finalize this
Order.
? .+ S
`?DRO-
Page 3 of 3
8. This Court reserves jurisdiction to issue further orders as needed to execute this Order.
Ordered this
day of Aiwl t Zmc\
CONSENT TO ORDER:
6,YiPa- 3o9
Plaintiff/Alternate Payee Date
32S I
Atto for Plaintiff/ Date
Alternite Payee
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