HomeMy WebLinkAbout01-2347 COURT OF COMMON PLF~S OF
CUMBERLAND co~~
LEE MOP/~OW ) CIVIL ACTION - DIvoRCE
,
pLaINTIFF )
V. )
ELIZABETH ANN MOP~OW,
) so 200
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DEFENDANT
NOTICE TO DEFEND ~ CLAIM RIGHTS
You, ELIZABETH ANN MORROW, de~endant have been sued in court
for a divorce ~rom LEE MORROW. I~ you wish to de~end against the
claims set ~orth in the following pages, you must take action
within twenty (20) days a~ter this complaint and notice are
served, by entering a written appearance personally or by an
attorney and ~iling in writing with the court your defenses or
objections to the claims set ~orth against you. You are warned
that i~ you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further
notice ~or any money claimed in the complaint or ~or any other
claim or relie~ requested by the PlaintiE~- You may lose money
or property or other rights important to you.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE 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 THE TELEPHONE OR
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP ·
cumberland County Bar Association
2 Liberty Avenue
carlisle, PA 17013
(717) 249-3166
BY THE cOURT'
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Date'
COURT OF COMMON PLEAS OF
CUMBERLAND cOUNTY
LEE MORROW ) CIVIL ACTION - DIVORCE
'
PLAINTIFF )
V. )
)
ELIZABETH ANN MORROW, )
DEFENDANT ) NO. ~/' 2 ~ ~_ OF 2001
COMPLAINT UNDER SECTION 3301 (c) OF THE DIVORCE CODE
1. Plaintiff is LEE MORROW, who currently resides at 231 B
Lincoln Street, Carlisle, Pennsylvania 17013, Cumberland County,
since 12 February 2001.
2. Defendant is ELIZABETH ANN MORROW, who currently resides
at 213 B Marshall Road, Carlisle Barracks, Pennsylvania 17013,
Cumberland County, since 4 January 2000.
3. Plaintiff has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. The plaintiff and defendant were married on March 20,
1996 at Gadsden, Alabama.
5. There have been no prior actions of divorce or for
annulment between the parties.
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. Plaintiff requests the court to enter a decree of
divorce.
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'/~_~__~~ ~/ Plaintiff (Pro Se)
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
LEE MORROW, ) CIVIL ACTION - DIVORCE
PLAINTIFF )
)
v. )
)
ELIZABETH ANN MORROW, )
DEFENDANT ) NO. 01"~%q ~ OF 2001
_
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) of the
Divorce Code was filed on ~% ~
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I do not desire and waive any opportunity for marital
counseling.
4. I consent to the entry of a final decree of divorce.
5. 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 unsworn
falsification to authorities. /~~
Date'-~ ~_~~ O/ ~
-- -~- Plaintiff
COURT OF COMMON PLEAS' OF
CUMBERLAND COUNTY
LEE MORROW, ) CIVIL ACTION - DIVORCE
PLAINTIFF )
)
V. )
)
ELIZABETH ANN MORROW, )
DEFENDANT ) NO. 01-2347 OF 2001
CERTIFICATE OF SERVICE
As the plaintiff, I, Lee Morrow, verify that I have sent a
true copy of the complaint under section 3301(c) of the Divorce
code and associated documents filed on 23 APR 2001 to the
defendant, Elizabeth A. Morrow on 24 APRIL 2001. A return
signature card indicating proof of receipt is attached below.
Date' ~ ~~~/~ 6)/
Plaintiff
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CARLISLE MPO
CARLISLE, Pennsylvani a
170132935
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Restricted Delivery $3.20
Return Recei pt St. 50
Cert i fi ed $~. 90
~ssue PV~. $7 36 ~ ~ - ~ m
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Clerk. 09 ,
Thank you for your business
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 0 I - Z 311 ~ CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a divorce decree'
1. Ground for divorce:
Irretrievable breakdown under §3301 (c)
·
(Strike out inapplicable section). ./
2 Date and manner of service of the complaint:
1
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code'
defendant
/
by plaintiff
(b) (1) Date of execution of the affidavit required by §3301 (d)
of the Divorce Code'
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending'
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'
(b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: ,,~/,"~ ~---~/_~/ ~o7& J'e/. ut~'~ ti' ~-./,'~.
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: ~~ ~~
Plaintiff ' ~-' ....
FD~I~I lUdl
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
LEE MORROW, ) CIVIL ACTION - DIVORCE
PLAINTIFF )
)
V. )
)
ELIZABETH ANN MORROW, )
DEFENDANT ) NO. ~~7 ---OF 2001
WAIVER OF MARITAL COUNSELING
I do not and will not desire marital counseling. I hereby
waive any right or opportunity for marital counseling.
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 Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
LEE MORROW, ) CIVIL ACTION - DIVORCE
PLAINTIFF )
)
V. )
)
ELIZABETH ANN MORROW, )
DEFENDANT ) NO. OF 2001
WAIVER OF MARITAL COUNSELING
I do not and will not desire marital counseling. I hereby
waive any right or opportunity for marital counseling.
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
VOLUNTARY SEPARATION AND PROPERTY SETTLEMENT
A~REEMENT
THIS AGREEMENT, made this 20th day of March, 2001, by and between
Lee Morrow hereinafter called "Husband", and Elizabeth A. Morrow
hereinafter called "Wife".
WHEREAS, the parties hereto were married on March 20, 1996 in a
ceremony at Gadsden, Alabama; have been and are Husband and Wife.
WHEREAS, irreconcilable differences have arisen between them, and
the relations between the parties are and have been of such a
character that the parties have voluntarily and mutually agreed to
live separate and apart on account of which the parties have separated
on January 26, 2001, and now have separated and live apart and intend
to live separate and apart for the rest of their natural lives;
WHEREAS, there are no children of this marriage, and Wife is not
now pregnant.
WHEREAS, it is the desire of both parties to direct themselves in
a manner so as to settle, adjust, compromise and determine their
property rights existing between the parties growing out of the
marriage relation; and
NOW THEREFORE, in consideration of the promises and the mutual
covenants of each of the parties, they do hereby covenant and agree
with each other for their respective heirs, personal representatives
and assigns as follows-
1. TERMS OF SEPARATION-
a. The parties mutually and voluntarily agree to continue to
live separate and apart in separate places of abode, without any
cohabitation, as they have since January 26, 2001.
b. Each party shall be free from interference, direct or
indirect, by the other as fully as though unmarried. The parties
shall not molest, harass, nor malign each other, nor shall either
attempt to compel the other to cohabit or dwell with him or her by any
means whatsoever. Each party may, for his or her separate benefit,
engage in any employment, business or profession he or she may choose
and may reside in such place as he or she may choose.
c. It is their intention that a reconciliation, either temporary
or permanent, shall in no way affect the provisions of this agreement
having to do with the settlement and disposition of their property
rights in their respective realty, if any, and personalty, unless a
new agreement is entered into in writing mutually revoking and
rescinding this agreement and entering into a new one.
1 of 6 ~
2. SPOUSAL SUPPORT-
(i) Wife is currently living in government quarters. If Wife
vacates government quarters before the divorce is final, and Husband
is not otherwise paying her rent or mortgage, then husband shall
support Wife, until their divorce is final, in accordance with the
requirements of Army Regulation 608-99.
(2) Husband and Wife both agree that they do not and will not in
the future seek any other spousal support from one another.
3. DIVISION OF PROPERTY-
a. The Wife shall not seek any portion of and waives any claim
to the Husband's military retirement pay. The Husband shall not seek
any portion of and waives any claim to the Wife's pension from her
employment with the U.S. Government and the military.
b. The parties have heretofore divided their personal property
to their mutual satisfaction. Henceforth, each of the parties shall
own, have and enjoy, independently of any claim of right of the other
party, all items of personal property of every kind, nature and
description and wheresoever situated, which are now owned or held by
or which may hereafter belong to the Husband or Wife respectfully,
with full power to the Husband or the Wife to dispose of the same as
fully and effectually, in all respects and for all purposes as if he
or she were unmarried with the exceptions listed herein. All items of
personal property shall be divided the parties as provided herein-
c. AUTOMOBILES.
(1) The Wife shall have full rights to the 1988 Dodge Van,
VIN 2B6HB23Y3JK151722. The Husband/Wife will be responsible for all
car payments until the car loan is paid in full. At that time, the
Wife will be given clear title in her name alone.
(2) The Husband shall have full rights to the 1996 Dodge Sedan,
VIN 2B3HD56FXTH147332 and will be responsible for all rights and
liabilities associated with its use.
d. INTANGIBLE PERSONAL PROPERTY (other than Life insurance)- All
stocks, bonds, cash, and sums on deposit in checking and savings
accounts (owned by either or both parties) have been divided to the
mutual satisfaction of the parties.
e. DEBTS. 50% of all debts incurred by the parties during their
marriage prior to the date of this agreement shall be paid by the
Husband, as described below. 50% of all debts incurred by the parties
during their marriage prior to the date of this agreement shall be
paid by the Wife, as described below. Each party will be solely
liable for payment of any and all debts incurred on or subsequent to
the date of this agreement. The Wife will be responsible for all
credit card debts and subsequent expenses incurred in her name and the
Husband will be responsible for all credit card debts and subsequent
expenses incurred in his name.
(1) The Husband shall pay the following debts existing at the
time of separation- 50% of the jointly held Capital One Visa Card,
Account # 5291-0714-1302-4421, with a balance of $713.00
(2) The Wife shall pay the following debts existing at the time
of separation- 50% of the jointly held Capital One Visa Card, Account
# 5291-0714-1302-4421, with a balance of $713.00
4. INSURANCE POLICIES-
The parties agree to establish and maintain separate policies
effective the date of this agreement.
5. TAX MATTERS-
a. The Husband and Wife have already filed Married Filing
Separately on their 2000 Federal and State Income Tax Returns.
b. In subsequent years, the parties agree to file separately.
6. COUNSEL FEES AND COURT COSTS-
The parties do agree to discuss and reconcile this matter through
a later agreement. This agreement shall not impact on such rights and
obligations.
7. FURTHER ASSURANCES-
The parties, for themselves and their respective heirs, personal
representatives and assigns, do mutually agree to join in and execute
any instruments and to do any other act or thing that may be necessary
or proper to carry into effect any part of this agreement, or to
release any dower or any other right in any property which either of
said parties may now own or hereafter acquire, including the execution
and delivery of such deeds and assurances as may be necessary to carry
out the purposes of this agreement.
8 . INCORPORATION-
With the approval of any court of competent jurisdiction in which
any divorce proceeding may now be pending or which may hereafter be
instituted, this agreement shall be incorporated in any decree of
absolute divorce which may be passed by said court. In the event the
court shall fail or decline to incorporate this agreement or any
provisions thereof in said decree, then and in that event the parties,
for themselves and their respective heirs, personal representatives
and assigns, agree that they will nevertheless abide by and carry out
all of the provisions thereof.
3 of 6 ~
9. INTEGRATION'
This agreement contains the entire understanding of the parties.
There are no representations, warranties, promises, covenants or
understandings other than those expressly set forth herein.
10. PRIOR AND SUBSEQUENT AGREEMENTS'
The parties hereby cancel, annul and invalidate any and all other
property settlements by them at any time heretofore made. Any
subsequent modifications or additions to this agreement shall be
effective only if in writing signed by both of the parties.
11. INDEPENDENT COUNSEL, PARTIES FULLY INFORMED'
Each party has had an opportunity to secure independent advice by
counsel of his or her own selection. The Husband has secured such
advice; the Wife is free to seek the advice of counsel of her choice,
if at all. Each party regards the terms of this agreement as fair and
reasonable and each has signed it freely and voluntarily without
relying upon any representation other than those expressly set forth
herein.
12. MODIFICATION AND WAIVER'
a. No modification or waiver by the parties of any of the terms
of this agreement shall be valid unless in writing and executed with
the same formality as this agreement. No waiver of any breach or
default hereunder shall be deemed a waiver of any subsequent breach or
default.
b. None of the provisions of this agreement shall be subject to
modification by any court.
13. ENFORCEMENT'
The parties agree that they will not contact the other party,
directly or indirectly, with respect to the enforcement of this
agreement as long as they are in compliance with the provisions of
this agreement. This provision includes the agreement to not contact
any member of the United States Armed Forces or any civilian employer.
14. BINDING EFFECT'
All covenants, promises, stipulations, agreements and provisions
contained herein shall apply to, bind and be obligatory upon the
heirs, executors, administrators, personal representatives and assigns
of the parties hereto.
15. NOTICES'
For the purposes of this agreement, all notices or other
communications given or made hereunder shall, until written notice to
the contrary, be given or mailed to the Wife at 213B Marshall Road,
Carlisle, Pennsylvania 17013, and to the Husband at 231B Lincoln
Street, Carlisle, Pennsylvania, 17013. In the event that either
Husband or Wife shall change his or her permanent residence, he or she
shall forward, by registered mail notice to the other of them within
five (5) days after such change or any removal.
IN WITNESS WHEREOF, I have in Carlisle, Pennsylvania, this 20th
day of March 2001, set my hand and seal to this Agreement consisting
of six (6) pages, this included, the preceding pages hereof bearing my
initials, and I do solemnly declare and affirm under the penalties of
perjury that the contents of the foregoing document are true and
correct.
HUSBAND
WITNESSES'
/
CO~O~EALTH OF PE~SYLV~IA)
) SS-
CO~TY OF C~BERL~D )
I HEREBY CERTIFY that on this 20th day of March 2001, before me,
the subscriber, a Notary Public of the State and County
aforementioned, personally appeared Lee Morrow and made oath in due
fo~ of law under the penalties of perjury that the matters and facts
set forth in the foregoing Agreement are true and correct and that
said party acknowledged that the Agreement was his voluntary act and
deed.
WITNESS my hand Notarial seal'
,3f
IN WITNESS WHEREOF, I have in Carlisle, Pennsylvania, this 20th day of
March 2001, set my hand and seal to this Agreement consisting of six
(6) pages, this included, the preceding pages hereof bearing my
initials, and I do solemnly declare and affirm under the penalties of
perjury that the contents of the foregoing document are true and
correct.
~ O.--~ (SEAL)
WIFE ~
WITNESSES:
COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF CUMBERLAND )
I HEREBY CERTIFY that on this 20th day of March 2001, before me,
the subscriber, a Notary Public of the State and County
aforementioned, personally appeared Elizabeth A. Morrow, and made oath
in due form of law under the penalties of perjury that the matters and
facts set forth in the foregoing Agreement are true and correct and
that said party acknowledged that the Agreement was her voluntary act
and deed.
WITNESS my hand Notarial seal.~ ~.~I~//F~~~~~_~?.~~
(SEAL) NC~RY PUBLIC ~
Notarial Seal
Rosa A. Ortiz-Mom, Notary Public
North Middleton Twp., Cumberland County~
My Commission Expires Nov. 8, 2001
Member, PennsyNania As.9ociation of Notaries
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- ".J ( ,4.'~-
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF,.~' , -~,.~, PEN NA.
LEE MORROW
PLAINTIFF NO.
VERSUS
ELIZABETH ANN MORROW
DEFENDANT
DECree in
· . DIVORCE~~t~~ d~ {l [ (~~
AND NOW, ~_L , ~, It IS Ordered And
DECreed That ~ ~~ ,Plaintiff,
AND ~~~ , DEfendant,
o
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;
By T
PROTHONOTARY