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HomeMy WebLinkAbout08-4619Townsend Law Office Barbara B. Townsend 32 West Queen Street Chambersburg PA 17201 (717) 267-3244 Fax: (717)267-0813 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY Scotty W. Morris, Plaintiff' Civil Action - Law Peggy A. Morris, V. No. 2008 - 4(ol4 01-vi I7 w Defendant In Divorce a v.m. 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 First Floor, Franklin County Court House, 157 Lincoln Way East, Chambersburg, 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. Pennsylvania Bar Association Lawyer Referral Service Telephone: 1-800-692-7375 (PA ONLY) or 717-238-6715 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY Scotty W. Morris, Peggy A. Morris, Civil Action - Law Plaintiff v. No. 2008 - 5/6 If Ot ! Tom. Defendant In Divorce a v.m. COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE NOW comes the Plaintiff and for cause of action against the Defendant says: 1. Plaintiff is Scott W. Morris, who currently resides in Harrisburg, Pennsylvania with a mailing address of 123 Houston Avenue, Harrisburg, PA. 2. Defendant is Peggy A. Morris, who currently resides in Cumberland County, Pennsylvania with a mailing address of 304 Shepherd Lane, Shippensburg, Pennsylvania 17257. 3. Plaintiff and defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were married on October 12, 1979, at Hagerstown, Washington County, Maryland. 5. There has been a prior actions of divorce but due to failure of jurisdiction in Potter County, the divorce could not be finalized. 6. The marriage is irretrievably broken and the parties have lived separate and apart for a period of at least two years. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. A X?Barbara B. To send Attorney for Plaintiff . 1 . I hereby verify that the facts set forth in the foregoing instrument are true and correct to the best of my knowledge, information and belief, and that I make this verification subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsification to Authority, as authorized by the Judicial Code and Pennsylvania Rules of Civil Procedure. Date: 0?9- o7L2?[? A 'r om 00 +. IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA Scotty W. Morris, Civil Action - Law Plaintiff V. F.R. 2008 -4611 Peggy A. Morris, Defendant In Divorce a v.m. NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated not later than 1997 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand 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: Plainti Q Pr' Co t 7'_i SHERIFF'S RETURN - REGULAR CASE NO: 2008-04619 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORRIS SCOTTY W VS MORRIS PEGGY A MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE MORRIS PEGGY A was served upon the DEFENDANT , at 1830:00 HOURS, on the 12th day of August 2008 at 304 SHEPHERD LANE SHIPPENSURG, PA 17257 PEGGY A MORRIS by handing to a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 21.00 Postage .42 Surcharge 10.00 c1l0pP-, 00 49.42 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 08/15/2008 BARBARA TOWNSEND By: Deputy Sh riff of , A. D. Townsend Law Office Barbara B. Townsend 32 West Queen Street Chambersburg PA 17201 (717) 267-3244 Fax: (717)267-0813 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY Scotty W. Morris, Peggy A. Morris, Plaintiff Civil Action - Law V. No. 2008 - 4619 Defendant In Divorce a v.m. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA COUNTY OF FRANKLIN SS Barbara B. Townsend, Esquire, being duly sworn according to law, deposes and says that she served a copy of the Notice of Intention to Request Entry of Divorce Decree upon the Defendant by mailing the same to Peggy A. Morris at her last known address of 304 Shepard Lane, Shippensburg, PA 17257, by regular mail on September 9, 2008 from the United States Post Office in Chambersburg, Pennsylvania. Barbara B. To end Sworn d subscr1 d t before me this day of 2001 Notary Public COMMONWEALTH OF PENNSYLVANIA, Nowlal Semi Terms D. Bud, Nowry Putoc Ch*n*v b q Boro, Fm **M County My CWM*MM EXOM ?Ffll 30, 2012 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04619 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORRIS SCOTTY W VS MORRIS PEGGY A MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon MORRIS PEGGY A the DEFENDANT , at 1830:00 HOURS, on the 12th day of August 2008 at 304 SHEPHERD LANE SHIPPENSURG, PA 17257 by handing to PEGGY A MORRIS a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 21 00 ,. . '``-? - -?- Postage .42 Surcharge 10.00 R. Thomas Kline .00 49.42 08/15/2008 BARBARA TOWNSEND Sworn and Subscibed to By:' before me this day Deputy Sh riff of A. D. C? c ;.1 t ? -rt -+ o IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY Scotty W. Morris, Plaintiff Civil Action - Law V. No. 2008 - 4619 Peggy A. Morris, Defendant In Divorce a v.m. NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE To: Peggy A. Morris: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter affidavit to the 3301(d) affidavit. Therefore, on or after September 29, 2008, the other party can request the Court to enter a final decree in divorce. If you do not file with the prothonotary of the Court an Answer with your signature notarized or verified or a counter affidavit by the above date, the Court can enter a final decree in divorce. A counter affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service Telephone: 1-800-692-7375 (PA ONLY) or 717-238-6715 r,b F in 4 ? Y r ' F •? , k IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY Scotty W. Morris, Plaintiff Civil Action - Law V. No. 2008 - 4619 Peggy A. Morris, Defendant In Divorce a v.m. DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. -fl2) I oppose the entry of a divorce decree because Check (i), (ii), or both: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): -La)) I do not wish to make any claims for economic relief. 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. _A21 I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ss4904 relating to unsworn falsification to authorities. Date: Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. zt -.-a- t t5i tV ? IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY Scotty W. Morris, Civil Action - Law Plaintiff V. No. 2008 - 4619 Peggy A. Morris, Defendant In Divorce a v.m. PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit to record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: The complaint was filed on on July 31, 2008 and served by Sheriff on August 12, 2008. 3. (1) Date of execution of the affidavit required by 3301(d) of the Divorce Code: July 29, 2008; (2) Date of filing and service of the plaintiffs affidavit upon the respondent: Plaintiff affidavit was filed on July 31, 2008 and served by Sheriff on August 12, 2008. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Served by regular mail on September 9, 2008. Barbara B. Townsend Attorney for Plaintiff i -41 t"s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Scotty W. Morris Plaintiff Civil Action - Law v. Case No. 2008 - 4619 Peggy A. Morris Defendant In Divorce AFFIDAVIT OF NON-MILITARY SERVICE Plaintiff avers that the Peggy A. Morris, Defendant, is not now and has not been since the commencement of this action in military service of any branch of the United States or any political subdivision thereof. PLAIN -?? I verify that the statements made in this Affidavit of Non-Military Service are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of perjury contained in 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: PLAI FF C7 c-?a C:? ?t.v IN THE COURT OF COMMON PLEAS SCOTTY W. MORRIS N 0. 2008-4619 VERSUS PEGGY A MORRIS DECREE IN DIVORCE AND NOW, /pc t 1 ?; ZOO , IT IS ORDERED AND DECREED THAT SCOTTY W MORRIS , PLAINTIFF, AND PEGGY A MORRIS DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; E A OF CUMBERLAND COUNTY STATE OF PENNA. r , „y_ ?,? ? J '. ?? t ? t ?? ?"?