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HomeMy WebLinkAbout09-1729TRACY L. MORGAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. QQ -174 l.lozL DAVID B. MORGAN, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE 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 judgement may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: The Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Squire, 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 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 TRACY L. MORGAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. DAVID B. MORGAN, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 TRACY L. MORGAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. O 9- DAVID B. MORGAN, CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Tracy L. Morgan, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint in Divorce and in support thereof avers as follows: 1. 2. 3. 4. 5. 6. 7. 8. Plaintiff is Tracy L. Morgan, an adult individual who currently resides at 5137 Kylock Road, Mechanicsburg, Pennsylvania. Defendant is David B. Morgan, an adult individual who currently resides at 1401 English Drive, Mechanicsburg, Pennsylvania. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were marred on October 31, 1987 in Carlisle, Pennsylvania. There have been no prior actions of divorce or annulment between the parties. The marriage is irretrievably broken. The Defendant is not a member of the United States Army or its allies. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court require the parties to participate in counseling, being so MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 advised, Plaintiff waives that right. 9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Plaintiff, Tracy L. Morgan, respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. COUNTS COUNTI ADULTERY 10. Paragraphs one through nine of the Complaint are incorporated by reference as if fully set forth herein. 11. The Defendant in this action has committed adultery during the term of the marriage. 12. The grounds upon which this action is based are 23 Pa. C.S.A. §3301(a)(2), as the Defendant has committed adultery pursuant to that Section of the Divorce Code. 13. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(a)(2) of the Divorce Code. WHEREFORE, Plaintiff, Tracy Morgan, respectfully requests this Honorable Court issue a Decree in Divorce divorcing her from the bonds of matrimony pursuant to Section 3301(a)(2) of the Divorce Code. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 COUNT II INDIGNITIES 14. Paragraphs one through thirteen of the Complaint are incorporated by reference as if fully set forth herein. 15. The grounds upon which this action is based are indignities pursuant to Section 3301(a)(6) of the Divorce Code. During the marriage, the Defendant has committed such indignities against the Plaintiff so as to make her life burdensome and intolerable. 16. Plaintiff requests the Court issue a Decree in Divorce based upon indignities pursuant to section 3301(a)(6) of the Divorce Code. WHEREFORE, Plaintiff, Tracy Morgan, respectfully requests this Honorable Court to issue a Decree in Divorce divorcing her from the bonds of matrimony pursuant to Section 3301(a)(6) of the Divorce Code. COUNT III EQUITABLE DISTRIBUTION 17. Paragraphs one through sixteen of the Complaint are incorporated by reference as if fully set forth herein. 18. During the marriage, plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. 19. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236.9428 • FAX(717)236-2817 WHEREFORE, Plaintiff, Tracy Morgan, respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, acquired by the parties during their marriage. COUNT IV ALIMONY PENDENTE LITE, SUPPORT COUNSEL FEES, AND EXPENSES 20. Paragraphs one through nineteen of the Complaint are incorporated by reference as if fully set forth herein. 21. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case, in the employment of counsel, and the payment of costs. 22. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation, and unable to appropriately maintain herself during the pendency of this action. 23. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. 24. Defendant has adequate earnings to provide support and alimony pendente lite to the Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff, Tracy Morgan, respectfully requests this Honorable Court compel the Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. MEYERS, DESFOR, SALTZGIVER 3 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 COUNT V ALIMONY 25. Paragraphs one through twenty-four of the Complaint are incorporated by reference as if fully set forth herein. 26. Plaintiff lacks sufficient property to provide for her reasonable needs. 27. Plaintiff is unable to sufficiently support herself through appropriate employment. 28. Defendant has sufficient income and assets to provide continuing support and to pay alimony to the Plaintiff. WHEREFORE, Plaintiff, Tracy Morgan, respectfully requests this Honorable Court compel Defendant to pay alimony to Plaintiff. COUNT VI INSURANCE PROTECTION 29. Paragraphs one through twenty-eight of the Complaint are incorporated by reference as if fully set forth herein. 30. Defendant has acquired existing policies of life insurance during the marriage over which the Defendant has effective control. 31. Plaintiff believes, and therefore avers, that the Plaintiff is the designated beneficiary of said insurance policies. 32. Defendant has the exclusive power to cease maintenance or change the beneficiary of the insurance policy without the consent of the Plaintiff. MEYERS, DESFOR, SALTZGIVER do BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, Plaintiff, Tracy Morgan, respectfully requests this Honorable Court compel the continued maintenance of any life insurance policies over which the Defendant has effective control and the continued designation of the Plaintiff as the beneficiary thereof. COUNT VII APPRAISAL AND ACCOUNTANT FEES 33. Paragraphs one through thirty-two of the Complaint are incorporated by reference as if fully set forth herein. 34. By reason of this action, Plaintiff will be put to considerable expense in the computation and estimation of the value of the parties' residence and various other assets acquired by the parties during the marriage. 35. In order to ascertain the value of the residence, Plaintiff requires the services of an appraiser. 36. In order to ascertain the value of the marital business interests, Plaintiff requires the services of a certified public accountant. 37. Plaintiff is without sufficient funds to meet the costs and expenses of these services and is unable to comply with the Rules of Court requiring the filing of various income and inventory statements without the services of the above experts. 38. Defendant has adequate earnings to provide for these costs and expenses. MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1082 • HARRISBURG, PA 17108 (717) 238.9428 • FAX (717) 238-2817 WHEREFORE, Plaintiff, Tracy Morgan, respectfully requests this Honorable Court grant Plaintiff sufficient funds from Defendant to pay the expenses of an appraiser and a certified public accountant. Respectfully submitted, Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 r VERIFICATION I, Tracy Morgan verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false i statements herein are made subject to the penalties of 18 Pa. !! C.S. Section 4904, relating to unsworn falsification to i authorities. ,I Dated: it (x) Plaintiff Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ",w n G ?; `n (. I I TRACY L. MORGAN, Plaintiff VS. DAVID B. MORGAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1729 Civil Term CIVIL ACTION -LAW IN DIVORCE PROOF OF SERVICE OF COMPLAINT IN DIVORCE ? ?llertas' ? ari?!'9. Aleai,a+anpiwra j? ::' iq?? Is A P mm Yom riem old atkiees on ft roMet rPS ? A rt X 14 O Ad L? •o tha! we oan rehnrt ate card bo you ¦ Mach Vft owd to the beck of ft rrrdow% a by (011n;d * ,.1 WIIl?. C. mft of OM?ry t I OF on ft fron epwe penrdts. 061 4VA&401J 14-" 7 1. Mfcls Addmmd to: D. Is cisllisty addia?sdt3fbrert {roq? Mtn 17 r, vom Zi No M David Morgan 4" . t b I Kl%? 1401 English Drive DELIVERY Mechanicsburg, PA 174F#5 3. ? rtM"Md slsnd C3 Rsearn famdo *w O kwAw moo O C.O.D. 4. RtNridsd D~ oft 7006 0100 0005 1038 1554 Amh 00 foam w . Mtalittlt MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 TRACY L. MORGAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-1729 Civil Term DAVID B. MORGAN, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this C day of April, 2009, that a copy of the foregoing Proof of Service of Complaint in Divorce was mailed, first-class, postage prepaid to: David B. Morgan 1401 English Drive Mechanicsburg, PA 17055 Laurie A. Sa Attorney for MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 FILED--3FnC^'E: OF THE M?)-' 71ARY 20G9 APR -"l Pfl 1: 4; 8 C1,~ ?' TRACY L. MORGA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-1729 Civil Term DAVID B. MORGA , CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE COMPLAINT IN DIVORCE I, Samuel L. des, Esquire, counsel for David B. Morgan, Defendant in the above- captioned matter, ce?tify acceptance of service on behalf of David B. Morgan of a copy of a Complaint in Divorc filed by Plaintiff, Tracy L. Morgan, on March 19, 2009 and that I am authorized to do so. r Date: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Counsel for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 1410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 i LL(s pp, 2009 API -9 PH 1: 19 TRACY L. MORGAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID B. MORGAN, DEFENDANT NO. 09-1729 CIVIL IN RE: MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 15th day of September, 2009, upon consideration of the Plaintiff's Motion to Compel Discovery, and information from counsel for the parties that they have reach an agreement, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled this date is continued generally. By the Court, ~ Laurie A. Saltz fiver E g squire Attorney for Plaintiff /Samuel L. Andes, Esquire Attorney for Defendant bas q/.s/~ ~ `~ ~. M. L. Ebert, Jr., J. ~t~Mf.J ~~/i~i~: Vki~. Z~~9 S~~' i ~ (~i~ 2~ 4 ~ fl fj w FILED-OFFICE ' THE PROT?!O?,O '41.3 Ztlt r APP 5 AN 10: 43 CU P NNS Y?O TRACY L. MORGAN, ) LvI CIE COURT OF COMMON PLAINTIFF ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW NO. 09-1729 CIVIL TERM DAVID B. MORGAN, ) DEFENDANT ) IN DIVORCE NOTICE TO PLAINTIFF 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. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on 19 September 2008 and have continued to live separately 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 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: MAW+ 21 1011 DAVID B. MORG TRACY L. MORGAN, PLAINTIFF VS. DAVID B. MORGAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-1729 CIVIL TERM IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301M OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): _ (i) The parties to this action have not lived separate and apart for a period of at least 2 years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I 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. Section 4904 relating to unsworn falsification to authorities. Date: TRACY L. MORGAN 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. TRACY L. MORGAN, Plaintiff vs. DAVID B. MORGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1729 CIVIL TERM IN DIVORCE Motion for Appointment of Master c -p 3 DAVID B. MORGAN, Defendant moves the court to appoint a Master with res o t-% following claims: ri -t o (xxx) Divorce (xxx) Distribution of Propeoy° -0 ( ) Annulment ( ) Support = r. G W (xxx) Alimony (xxx) Counsel Fees - (xxx) Alimony Pendente Lite (xxx) Costs and Expenses and in support of the motion states: -=1 s rn -am © o --+c:) ;5 JCJ 31rn 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Laurie A. Saltzgiver, Equire. 3. The statutory ground(s) for divorce is/are: -!? 330 t (-A` 4. Check the applicable paragraph(s). (-tom The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims:.41 4c?D ? r1? ? ?1 ".s 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: Date AND NOW, 2011 &e-If-0-4L... Andes Attorney for Defendant Esquire, is appointed Master with respect to the following claims: divorce. BY THE COURT, J. Distribution: Laurie A. Saltzgiver, Esquire 410 North Second Street, P.O. Box 1062, Harrisburg, PA 17108 Samuel L. Andes, Esquire 525 North 121' Street, P.O. Box 168, Lemoyne, Pa 17043 TRACY L.IMORGAN, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs ) NO. 09-1729 CIVIL TERM DAVID B.14ORGAN, ) Defendant ) IN DIVORCE Motion for Appointment of Master DAVID B. MORGAN, Defendant moves the court to appoint a Master with reso rn- following cla ms: c a = - z --? o (xxx) Divorce (xxx) Distribution of Propejy° 3 C5-n ( ) Annulment ( ) Support ? w ? c, (xxx) Alimony (xxx) Counsel Fees r-n (xxx) Alimony Pendente Lite (xxx) Costs and Expenses and in suppo#t of the motion states: 1. Di?covery is complete as to the claim(s) for which the appointment of a Master is requested. 2. a Plaintiff has appeared in the action by her attorney, Lauriie A. Saltzgiver, Equire. 3. T e statutory ground(s) for divorce istare: ' 3301 y 4. Check the applicable paragraph(s). (sue The action is not contested. ( ) An agreement has been reached with respect to the following claims: (x) The action is contested with respect to the following claims:.41 Qc-') tl ; i hi? 5. The action does not involve complex issues of law or fact. 6. a hearing is expected to take 1 day. ,-?-; 7. Additional information, if any, relevant to the motion: =M -v ,-- = :10 -<n a% p Date el L. Andes Attorney for Defendant c w r ANID NOW, _ ,Z(,2011, L?CCI? TI, Esquire, is ap*inted Master with respect to the following claims: divorce. 0000, BY THE COURT, tAO.A, 4 J. Distribution: COP,es ?Lauri A. Saltzgiver, Esquire 410 North Second Street, P.O. Box 1062, Harrisburg, PA 17108 W-11 el L. Andes, Esquire 525 North 12' Street, P.O. Box 168, Lemoyne, Pa 17043 CUt?B?RI. ANa COUNT Y p?NNSYLVAN?A TRACY L. MORGAN, PLAINTIFF VS. DAVID B. MORGAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-1729 CIVIL TERM IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. X (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least 2 years. X (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I 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. Section 4904 relating to unsworn falsification to authorities. j? q u Date: TRACY L. M GA NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECIME AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. NATHAN C. WOLF, ESQUIRE ?r ATTORNEY ID NO. 87380 WOLF & WOLF ?z ?r, L 10 WEST HIGH A 17013 ET t i 2 ?} PM J: t f (71-1) 241-436 ATTORNEY FOR DEFENDANT ? ? ?'? (j ,J ? 1; s ? -•• , pp ptt ? r? ll `//, TRACY L. MORGAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-1729 CIVIL DAVID B. MORGAN , Defendant : IN DIVORCE PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of SAMUEL L. ANDES, ESQUIRE, as attorney of record for Defendant, DAVID B. MORGAN., in this matter. Z a. , 2012 S ?2d ' UEL IL ANDES, ESQUIRE 525 NORTH TWELFTH STREET P.O.BOX 168 LEMOYNE, PA 17043 ATTORNEY I.D. NO. 17225 Please enter the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the Defendant in this matter. 2012 NAT WOLF, ESQUIRE 10 Wit High Street Carlisle, PA 17013-2922 717-241-4436 SUPREME COURT ID #87380 1 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this day of 0 3 by and bet%Ww L"' L: � � rq Nr— �s Qc Morgan(hereinafter referred to as "Wife") of Mechanicsburg, Pennsylvania and Day Morgan(hereinafter referred to as "Husband") of Mechanicsburg,Pennsylvania. L,> c) -U WITNESSETH : WHEREAS, Husband and Wife were lawfully married on October 31, 1987 in Carlisle, Cumberland County, Pennsylvania; and WHEREAS, two children have been conceived of this marriage; namely,Michael D. Morgan, born on September 7, 1990 and Laura C. Morgan born on March 4, 1993; and WHEREAS, diverse differences and difficulties have arisen between the parties respecting their interests, rights and title in and to certain property, real and/or personal, owned by or in possession of the said parties to either of them; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to amicably adjust, compromise and forever settle all property rights and all rights in, to or against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently acquired by either party and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's rights to equitable distribution,maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs; and WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: 1. DIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a.divorce and agree and have executed all necessary Affidavits of Consent and Waivers of Notice forms required by the court for the entry of a mutual consent divorce. Both Husband and Wife have directed their respective counsel to immediately file with the Court said Affidavits and Waivers. Upon the resolution of the remaining alimony, counsel fees, expert fees and cost and expense issues, whether by Stipulation or final Court Order, Wife's counsel shall file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 3301(c)of the Divorce Code. Neither party shall request the entry of the Divorce Decree until the pending issues of alimony, counsel fees, expert fees, costs and expenses, are finally resolved. 2. FULL FORCE AND EFFECT: This Agreement shall continue in full force and effect until such time of final Decree in Divorce is entered. 3. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. 4.- INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as.if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other,nor in any way interfere with the peaceful existence, separate and apart from the other. 5. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date of separation, to wit, September 19, 2008, she has not and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 6. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the date of separation,to wit, September 19, 2008, he has not and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7. DISCOVERY/FINANCIAL DISCLOSURE: The parties agree and acknowledge that they have each had the opportunity to conduct discovery and investigation of the assets of both parties. The parties acknowledge that they have issued various requests for information from the other party. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets and income, whether separate or marital, prior to entry into this agreement. Both Husband and Wife acknowledge they have had full and fair disclosure of all assets prior to execution of this agreement. 8. MUTUAL RELEASES: Subject to the provisions of this Agreement, each parry has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims,rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Pennsylvania Divorce Code and all subsequent amendments, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Pennsylvania Divorce Code and all subsequent amendments,does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all , rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 9. RELEASE OF TESTAMENTARY CLAIMS: Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise and each of them agree that the estate of the other,whether real,personal or mixed, shall be and belong to the person or persons who would become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. 10. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their respective property by Last Will and Testament; and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. 11. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties. There are no representations,promises, agreements, conditions, or warranties between the parties other than those set forth herein. 12. LEGAL ADVICENOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and has had the benefit of counsel of Laurie A. Saltzgiver, Esquire, as her attorney. The Husband has employed and has had the benefit of counsel of Nathan C. Wolf,Esquire, as his attorney. Each party acknowledges that they have received independent legal advice from counsel and that each party fully understands the facts and have been fully informed of their legal rights and obligations, and 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. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the current Pennsylvania Divorce Law, and his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein 7�7 are fair,just, and equitable to each of the parties and waives their respective right to have the Court make any determination or order affecting the respective parties'right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs and expenses. 13. DIVISION OF PERSONAL PROPERTY: The parties have divided between them,to their mutual satisfaction,the personal effects, household furniture and furnishings,and all other articles of personal property which have heretofore been used by them in common. Should it become necessary,the parties each agree to sign any titles or documents necessary to give effect to this paragraph. The parties acknowledge that attached to this Agreement as Exhibit"A" is a list of personal property whi h is to be distributed to the parties as indicated. �ulu4 blot 9-r7-ratM ��xnn G 14. EQUITABLE DISTRIBUTION: The parties have agreed to the equitable distribution of their marital assets pursuant to Exhibit"B", attached hereto; and as more specifically described herein. The parties agree that this Agreement resolved all issues of equitable distribution between them. a. Disposition of Real Property: Husband does hereby set over, transfer and assign to Wife all of his right,title and interest in the marital residence located at 5137 Kylock Road, Mechanicsburg,Pennsylvania. The marital residence shall be the sole property of Wife and Husband agrees to execute a deed transferring the property into Wife's name alone. Husband shall execute said deed within ten(10) days of Wife's providing the deed to him. ' F v i. Wife agrees that she wi refinance the mortgage and home equity loan against the residence into her name alone. Wife agrees that she shall accomplish the refinance within days of the execution of this Agreement. J'',,``,, ii. The parties acknowledge there is a Line of Credit against the marital residence with an approximate balance of$86,566.00. Husband shall pay y.5 DOoo R-17-13 C� off$50,000.00 of the line of credit withinpNenty-o days of the 1. execution of the within Agreement. Wife shall be responsible for �' p repayment of the balance of the line of credit and shall include the balance in her refinance of the mortgage and home equity loan as indicated above. b. Pension Plans/IRAS: Husband shall keep the Sequoia Funds IRA, American Funds IRA, and Rettew Associates 401(k) as his sole and exclusive possessions, free and clear of any claim or demand by Wife. Wife shall keep the Ahold Pension Buyout and American Funds IRA as her sole and exclusive possessions, free and clear of any claim or demand by Husband. C. Business Interests: Husband shall keep as his sole and exclusive possession his business interest and any benefits and/or liabilities derived therefrom. Specifically, these business interests are any interests which the Husband may have in Fischbach Morgan&Associates (FMA). Husband shall retain any and all assets or debts associated with his ownership of FMA. Husband shall also keep any residual receivables which he may receive from the liquidation of FMA. d. Automobiles: Wife shall keep the 1991 Mercedes and the 2003 Toyota Highlander automobiles as her sole and exclusive possession, free and clear of any and all claim or demand by Husband. Said automobiles are titled in the parties join names. Husband shall execute any and all documentation to transfer said titles into Wife's name alone within twenty(20)days of the execution of the within Agreement. Husband shall keep the 1973 Corvette automobile as his sole and exclusive possession, free and clear of any and all claim or demand by Wife. Said automobile is titled in the parties joint names. Wife shall execute any and all documentation to transfer said titles into Husband's name alone within twenty (20) days of the execution of the within Agreement. The parties agree to execute any and all documentation necessary to give effect to the above paragraphs. e. Checkina/Savin sg Accounts: Wife shall keep as her sole and exclusive possession any and all checking and savings accounts in her name alone. Husband waives any and all right or claim to said checking and savings accounts. Husband shall keep as his sole and exclusive possession any and all checking and savings accounts in his name alone. Wife waives any and all right or claim to said checking and savings accounts. f. Debts: Wife shall be responsible for repayment of the USAA joint MasterCard $4,617.00. The parties acknowledge that Wife has paid the 2009 joint IRS debt $7,637.88, and sewer debt of$1,008.00. Wife shall be responsible for satisfaction of said debts and any interest or increase in indebtedness on said debt incurred since the date of separation. Wife shall indemnify and hold Husband harmless against said debts. U AA C o, -� a g. Life Insurance: Wife shall retain the Lutheran Brotherhood Life Insurance policy on her life. Husband waives any and all right or claim against said life insurance policy. h. Marriott Rewards Points: The parties acknowledge that they accumulated Marriott Rewards points during the marriage. The parties acknowledge that the points are held in Husband's name alone. The parties agree that they shall equally divide these points between them. Wife's half of the points shall be transferred into her name with in twenty(20)days of the execution of the within Agreement. 15. ALIMONY: The parties acknowledge that they have not resolved Wife's claims regarding alimony,counsel fees,expert fees, costs and expenses at the time of execution of this Agreement. The parties acknowledge that these issues remain pending before the Divorce Master. The parties acknowledge that Husband is paying spousal support to Wife through the Cumberland County Domestic Relations Office pursuant to an Order docketed at NO. 63-5-2011. This spousal support Order shall remain in full force and effect until Wife's claim for alimony, counsel fees, expert fees, costs and expenses is resolved,whether by stipulation or final Order of Court, and the Divorce Decree has been issued. 16. BREACH: If either party breaches any provision of this Agreement,the other party shall have the right, at his or her election,to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract r shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: a. Each of the parties shall from time to time,at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. b. This Agreement shall be incorporated into a Divorce Decree but not merged therein. 18. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 20. VOID CLAUSES: If any term, condition, clause 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. 21. EXECUTION DATE: The execution date shall be defined as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed. 22. APPLICABLE LAW: This Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF,the parties have hereunto set their hands and seals the day and year first above-written. Tracy L. organ f ` Laurie'V Va squire David B. Morgan VU atha C 1 squire Husband to receive 1. Grandfather Clock 2. Grandmother's China Cabinet 3. Uncle Don's Table 4. Nanny's stool 5. Small Saw Horses 6. All Power/hand-held tools 7. Curio cabinet (from Husband's sister) 8. Set of crystal glasses (Husband purchased at the outlets) 9. Children's hand-print pictures in upstairs hall. 10. Tea cart matching to china cabinet 11. Dart board and darts 12. Disassembled drawing table and lamp 13. Framed coin collection 14. Art stuff,portfolios, books, certificates, diplomas and year books 15. Kids easel 16. Cedar chest 17. Electrolux canister sweeper and attachments 18. binoculars 19. Scrap wood and lumber in basement and garage 20. Blue wheelbarrow 21. Drop spreader 22. Electric leaf blower 23. Remainder of the shovels, rakes, and ladders after wife retains her portion as indicated. 24. Small bookcase 25. Luggage rack- hard shell 26. 2 large pillows in the family room 27. White Lenox vase (purchased at auction) 28. Artificial Christmas tree 29. Gustav Wander print of porch 30. Electronic juicer 31. All house repair items in work bench which are not specifically for the marital residence. 32. White kitchen cabinet in basement 33. Antique Coke/Pepsi cooler 34. The part of the workbench which is not built-in 35. Grandmother's rocking chair 36. Quilt from the Morgans 37. The white formica children's table and chairs from Husband's childhood 38. VHS tapes of Pat and Dave Morgan in the 60's which were made by Uncle Don. Additionally, Wife agrees to give Husband the copies of any photographs which they have in duplicate. If Husband wants any additional photographs or tapes, Wife will obtain the copies and Husband will pay for the costs of reproduction. EXHIBIT s Wife to receive Wife shall retain all remaining furniture, furnishings and personalty in the marital residence. Wife shall also retain the following specific items. 1. Oriental rug in dining room 2. Gas operated leaf blower 3. 1 shovel 4. rakes Dom 7-1?-17 5. 6'. e4 .step ladder �Y 6. Rotary spreader 7. Serving utensils (Oneida) 8. Leather chair in family room 9. Soft luggage rack 10. Bike rack Wife Husband Marital Residence FMA FMV - $265,000.00 Plus continued collections of receivables Home equity loan - $13,165.00 Balance of Line of Credit$36,566.00 Mortgage - $54,008.00 7% costs of sale- $18,550.00 Equity$142,711.00 1991 Mercedes $1,000.00 1973 Corvette $16,000.00 2003 Toyota Highlander$7,000.00 Sequoia Funds IRA$20,717.62 Ahold Pension buyout $26,695.57 American Funds IRA- D/S value $28,162.00 1/12 -$66,290.00 (current value not supplied) Sequoia Funds $190.00 RETTEW Associates 401(k) D/S value $20,000 4/10 - $25,702.00 (current value not supplied) Cash value of life insurance $1,943.00 Dissipation on girlfriend $5,187.67 American Funds IRA $17,435.00 Members lst#4861 $19,000.00 Husband took at separation Marriot Rewards points (one-half) Marriott Rewards Points (one-half) Debts Wife has paid Debts Husband will refinance into his name alone USAA joint MasterCard$4,617.00 $50,000.00 Line of Credit 2009 Joint IRS debt $7,637.88 Husband owes $1,008.00 to Wife for his half of the sewer debt per the parties' agreement J EXHIBIT TRACY L. MORGAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-1729 Civil Term C= DAVID B. MORGAN, CIVIL ACTION- LAW Defendant IN DIVORCE r*a rn ;= cn _. C:)e: C-5 CL AFFIDAVIT OF CONSENT cn A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 19, 2009. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety(90) days have elapsed from the date of filing and service of the Complaint. I 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: 1 �- ��,� ` Tracy L. Mor n MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG, PA 17108 (717)236-9428 FAX(717)236-2817 1 TRACY L. MORGAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-1729 Civil Term 'r E DAVID B.. MORGAN, CIVIL ACTION - LAW Defendant IN DIVORCE `�'� =C 5 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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. 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. f i t Date �l qr ,�� Tracy L. Morg n 4 I R MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 •.HARRISBURG,PA 17108 (717)236-9428 • FAX(717)236-2817 TRACY L. MORGAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-1729 Civil Term DAVID B. MORGAN, CIVIL ACTION - LAW C= M7 Defendant IN DIVORCE , rn__ ' 0 Or.. CD ter- •..s AFFIDAVIT OF CONSENT '' �- cry 7 A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 19, 2009. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety(90) days have elapsed from the date of filing and service of the Complaint. I 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: q — -13 4�-_)ZI/I David B. Morgan MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG,PA 17108 (717)236-9428 • FAX(717)236-2817 TRACY L. MORGAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-1729 Civil Term DAVID B. MORGAN, CIVIL ACTION - LAW r, Defendant IN DIVORCE zz rn co v) -= r rn C7 -1p WAIVER OF NOTICE OF INTENTION TO REQUEV2 =` ENTRY OF A DIVORCE DECREE UNDER 5;c §3301(C) OF THE DIVORCE CODE =t 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. 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 _�I)'i a,._--- David B. Morgan MEYERS,DESFOR,SALTZGIVER&BOYLE 410 NORTH SECOND STREET • P.O.BOX 1062 • HARRISBURG, PA 17108 (717)236-9428 • FAX(717)236-2817 TRACY L. MORGAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-1729 CIVIL DAVID B. MORGAN, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /,d,-t- day of , 2013, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated September 17, 2013 including the addendum placed on the record and incorporated therein, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, R x '44, R in A. Hess, P.J. Distribution: Laurie Saltzgiver, Esquire For the Plaintiff Nathan C. Wolf, Esquires For the Defendant r- e:' aa. �° TRACY L. MORGAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 09 - 1729 CIVIL DAVID B. MORGAN, Defendant IN DIVORCE THE MASTER: Today is Tuesday, September 17, 2013 . This is the date set for a hearing in the above-captioned divorce proceedings. -v Z; —+ rn � , Present in the hearing room are the Plaintiff, Tracy L. Morgan, and her counsel Laurie �;tm �a• )>C*) x 7 r Saltzgiver, and the Defendant, David B. Morgan, and -- counsel Nathan C. Wolf. , This action was commenced by the filing of a complaint in divorce on March 19, 2009, raising grounds for divorce of irretrievable breakdown of the marriage, adultery and indignities . With respect to grounds for divorce, the parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree dated today so that the divorce can conclude under Section 3301 (c) of the Domestic Relations Code. Previously the Defendant filed an affidavit under Section 3301 (d) averring a separation in excess of two years, from September 19, 2008 . However, the 3301 (c) section is going to be applicable to the grounds for divorce presently. The complaint in divorce raised economic 1 claims on behalf of wife of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses . The complaint did raise other counts relating to appraisal costs and support and insurance protection. Those matters are not specifically relevant to what we are doing today and probably have been addressed in the parties ' agreement and addendum. With respect to how we are proceeding today, the parties have signed a marital settlement agreement dated today and they intend to place an addendum on the record to the agreement that they have signed which would add some additional terms and perhaps clarification of issues that need to be addressed. The addendum will be made part of the agreement and will be incorporated therein. The Master will prepare an order vacating his appointment upon receipt of the completed agreement and approval by counsel of the addendum after they have had an opportunity to review the transcription. Upon the Master vacating his appointment, the Master' s understanding is that counsel will not file immediately a praecipe to transmit the record pending certain provisions in the agreement. The parties were married on October 31, 1987 . The parties do not agree on a date of separation even though a date of separation was averred by Husband in an affidavit 2 he filed under Section 3301 (d) . The parties are the natural parents of two adult children. Ms . Saltzgiver. MS. SALTZGIVER: The parties have resolved the issues which we have reserved for today, which are the issues of alimony, counsel fees and costs . The parties intend that this addendum shall be entered into in addition to the marital settlement agreement which they have dated as of today. 1 . The parties agree that husband' s counsel shall file the praecipe to transmit the record on November 1, 2013, and not before that date. 2 . Regardless of what is indicated in Paragraph 14 (b) of the marital settlement agreement, the parties agree that there shall be a rollover of $15, 000 . 00 from husband' s Rettew Associates 401 (k) into an IRA for wife. The parties agree that this $15, 000 . 00 rollover shall be a tax free rollover from husband to wife. The parties further agree that this $15, 000 . 00 rollover is made to wife in lieu of any alimony payment. This rollover shall be made from husband to wife within forty-five (45) days of wife providing specific IRA information to husband. 3 . Husband shall pay $1, 000 . 00 to wife as reimbursement of costs within thirty (30) days of today. Otherwise, her claims for counsel fees and costs are withdrawn. 4 . The parties acknowledge that in Paragraph 14 (f) of the marital settlement agreement that wife has taken responsibility for repayment of the USAA joint MasterCard. Wife shall attempt to include this USAA MasterCard in her refinancing of the mortgages against the marital residence. Wife agrees that this credit card shall be the first credit card debt which she includes in the refinancing. 5 . The parties acknowledge that there is an Exhibit B attached to the marital settlement agreement which they have executed today. This is also referred to in the body of the marital settlement agreement as Paragraph 14 (h) . The parties acknowledge that the Marriott rewards points shall 3 not be divided as indicated in an Exhibit B and Paragraph 14 (h) but that they shall be divided as follows: The parties agree that there are 311, 204 marital Marriott reward points . The parties agree that they shall equally divide these points. Wife' s half of these points shall be decreased by the points which she used for her trip to Chicago. After the points, which wife used for her trip to Chicago, are deducted from her half, the remaining points shall be transferred into wife ' s name. Husband shall supply documentation of the precise points that have already been used within ten (10) days of today' s date. Thereafter, wife ' s remaining points shall either be transferred into her name or if that is not possible, they shall be made available to wife for her use. The parties agree that they shall cooperate in the transfer and use of these points . 6 . To the extent that the provisions of the agreement are inconsistent with the addendum, the parties agree that the provisions of the addendum shall supersede the provisions of the marital settlement agreement. MS. SALTZGIVER: Tracy, do you acknowledge that you've executed a marital settlement agreement today, which is September 17, 2013? MS. MORGAN: Yes, I have. MS. SALTZGIVER: Do you acknowledge that you've been present to hear me read into the record an addendum to this marital settlement agreement? MS. MORGAN: Yes, I have. MS. SALTZGIVER: And do you acknowledge and agree with the provisions of the addendum as set forth in the record today? MS. MORGAN: Yes . MR. WOLF: David, do you acknowledge that you 4 have executed a marital settlement agreement dated September 17, 2013? MR. MORGAN: Yes. MR. WOLF: Do you agree with the provisions that are stated therein? MR. MORGAN: Yes. MR. WOLF: And you've been present for the dictation of the provision of an addendum to that agreement? MR. MORGAN: Yes. MR. WOLF: And you've heard them and understood them? MR. MORGAN: Yes. MR. WOLF: And are you in agreement with those provisions? MR. MORGAN: Yes. THE MASTER: Thank you. NOTE: Counsel have indicated that a separate signing of the addendum is not required inasmuch as the addendum is incorporated into the marital settlement agreement, which was signed by the parties on September 17, 2013 . 5 NATHAN C.WOLF,ESQUIRE #t � � ��� ', ATTORNEY ID NO.87380 10 WEST HIGH STREET q CARLISLE PA 17013 281.3 NOV -I #A}Ef! 0 6 (717)241-4436 AT'T'ORNEY FOR DEFENDANT a ERLAND COUNTY TRACY L. MORGAN, ? COUNTY COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION- LAW DAVID B. MORGAN, :NO.2009-1729 CIVIL TERM Defendant : IN DIVORCE r PRAECIPE TO TRANSMIT RECORD To the Prothonotary: C: pr Transmit the record, together with the following information, to the court for erttryf a`� divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about March 19, 2009 and served upon defendant on April 1, 2009 by certified mail (see proof of service filed April 7, 2009). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: September 17,2013 By the defendant:September 17,2013 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: n/a (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: n/a 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: n/a (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: September 17, 2013 Date defendant's Waiver of Notice in Sectio 3301(c) divorce was filed with the Prothonotary: September 17,2013 ,r November ,2013 NATH . OLF, Esquire, for Defendant •▪ IN THE COURT OF COMMON PLEAS OF •▪ CUMBERLAND COUNTY, PENNSYLVANIA Tracy L. Morgan • V. • David B. Morgan : NO. 2009-1729 DIVORCE DECREE AND NOW, IVora.4' Y , 2 o /3 , it is ordered and decreed that Tracy L. Morgan , plaintiff, and David B. Morgan , 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.") The marital settlement agreement dated September 17, 2013, is incorporated but not merged into the instant decree. By the Court, . Ae'L • Att:-.t: J. Prothonota 014, 6e(t. cop ma, .1-ecl 7•0 /MJ $a/f29i ve r, fM clef . ,e d ea//' /go f j c e d c o y W 3 A"