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HomeMy WebLinkAbout04-4886 IN THE COURT OF COMMON PLEAS OF THE 39'h JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Krista A. McMorrow, ) Civil Action - Law Plaintiff, ) ) OLf- Lf ~ f' ~ vs, ) No. ) Timothy P. McMorrow, ) 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 wamed 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 divorce is indignities or irretrievable breakdown ofthe maniage, you may request maniage counseling. A list of maniage counselors is available in the Office of the Prothonotary of the Franklin County Court House, First Floor, 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. C.(.l.l-\\,b-ef' ~J.. C!J. P (.l~~ ~)'l'\<ltRi~ Bar Association Lawyer Referral Service ~ L '5 D. j r <:{ 1-800-692-7375 (PA Only) or . fJ C (J.. Ktn:l JP (717) 238 CT U ~ Lf q - ~ t (p~ AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any healing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Krista A. McMorrow, Civil Action - Law Plaintiff, ) ) ) ) ) ) ) No. 0<1- Line,. CU;JT~ vs. Timothy P. McMorrow, Defendant, In Divorce a v.m. COMPLAINT UNDER SECTION 3301 (c) OR 3301(d) OF THE DIVORCE CODE I. Plaintiff is Krista A. McMorrow, who currently resides at 12714 Bedford Road, N .E., Cumberland, Allegany County, Maryland, 21502, since August, 2004. 2. Defendant is Timothy P. McMorrow, who currently resides at 21] Colonial Drive, Shippensburg, Cumberland County, Pennsylvania 17257, since October, 2000. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 20, 1999 in Cumberland, Allegany County, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Neither the Plaintiff nor Defendant is a minor or incompetent. 8. The Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a decree of divorce. BARLEY SNYDER Date: Cf /2 J I Le>t> <{. By: #Zd/~ ~ Michael J. Connor, Esquire, Attorney for Plaintiff 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. Section 4904, relating to unsworn falsification to authorities. Kri~~"~~,ft:1.uozJ >> ~ - 0', -C cl U'I, "--/'-, cx. --.J ~ -...... s\ C' >-II- I ""'F" <.'0 r- r--..., ~ , cr- eE ~ c;XI \..J}L-'\ V' C'.' ~ ,..", C::l c.;,'___' -1.'- () -n --l riifQ Fl r'-,' Gl C-:.l -T;; - ...:~; C) -:.1;,':-:. ,~[/; .'.l f""';' ---~ < IN THE COURT OF COMMON PLEAS OF ruE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Krista A. McMorrow, ) Plaintiff, ) ) vs. ) ) Timothy P. McMorrow, ) Defendant, ) Civil Action - Law No. 04 - 4886 Civil In Divorce a v.m. AFFIDA VIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF FRANKLIN ) Michael J. Connor, Esquire, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff, Krista A, McMorrow, in the above. captioned matter; that he did serve a true copy of the Notice to Defend and Claim Rights and Complaint Under Section 3301(c) or 3301(d) of the Divorce Code by mailing the same to Timothy p, McMorrow, Defendant, by certified mail, restricted delivery, article number 7160 3901 98440233 9405 on September 30,2004, to his mailing address of21] Colonial Drive, Shippensburg, Pennsylvania 17257; that said certified mail article was delivered to Defendant, Timothy P. McMorrow, on October 1,2004, all as appears from the receipt for certified mail and the return receipt attached hereto. BARLEY SNYDER By: A'~5{. Michael J. ConilOr, Esquire, Attorney for Plaintiff Sworn and subscribed to before me this J!tJ{ day of tJei'4,1f!:A? ,2004. ~-/~~-L Notary Pu lC ' 1320263 NoCarfa/ Seal Angela It RabIIan, Nc&y PoAlIIc ~Bcm,FI1IIIkMnCounly My CommissiOO Expires Oct. 24, 2005 Member. ~ 4ssociation 01 NoIarieo 7loWJ 3'IJ], '181I14 0i!33 'llf05 TO: Timothy P. McMorrow 211 Colonial Drive ~",Pfu51257 to.60 $2.30 tl.75 SENDER: MJC$3,50 REFERENCE: $8.15 0201 04 09/30/~i PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees ,60 30 . 75 0.;0 . 5 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mall ------.--..-u..-.--___.__n___.____n_.____ 2. Miele ~ IIIIIII~II 7lWJ 3'11], '1511~ la3 ~ 3. Service Type CERTIFIED MAIL 4. Pleslricted Delivery? (Extra Fee) 1. Article Addressed to: Timothy P. McMorrow 211 Colonial Drive Shippensburg, P A 17257 PS Form 3811, July 2001 MJC Oon'le8tlc Return Receipt ..g- O_ Ov. ON. :::;~.'-' ~;~o .,~.:o 5>c: ~ C) , L" :0 f""~.1 r"., r' "-> C--..:> C"J "'- C) (") o -'1/ '-j Tj rn--I r"- '01'"1"1 .-_-~i:p ~, ) ';-r. :, -.1 ~ -C' IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Krista A. McMorrow, ) Plaintiff, ) ) vs. ) ) Timothy P. McMorrow, ) Defendant, ) Civil Action - Law ~c;; S( '.....- ,-,--, ,-- \ ==' ~7,~: , -'-'-, ~l -~ No. 04-4886 Civil In Divorc(l a v.m. U", _0 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 I (c) or 330 I (d) of the Divorce Code was filed on September 28, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date offiJing and service of the Complaint. 3. I consent to the entry of a final decree of divorce afte:r service of notice of intention to request entry ofthe 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. Section 4904 relating to unsworn falsitication to authorities. Date: I - IV - (IS ~~Ii '1JfJ/~ Kri a A. McMorrow, Plalntiff 1349063 ~ c...1 .~-\ ~-: ';1-' ~';... . r',~ , , " c.:: IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH F~ -;J .." Krista A. McMorrow, ) Plaintiff, ) ) vs. ) ) Timothy P. McMorrow, ) Defendant, ) Civil Action - Law '':';-1 No. 04-4886 Civil In Divorce a v.m. ~~-' WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I. 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 tees 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 veritY that the statements made in this Waiver 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: 1- ;Y - (J.5 A-. MC~O?!::1::: 1349063 .;fl _,\ t.__ f'.) C- c~' IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Krista A. McMorrow, ) Plaintiff, ) ) vs. ) ) Timothy P. McMorrow, ) Defendant, ) Civil Action - L {"" No. 04-4886 Civil In Divorce a v.m. ('.'--' Cl 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. I verifY that the statements made in this Waiver 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. 1349063 Tim"h:PM,JJ!2~~ Date: 1- ILl -0 ~ 'F' o '0 ,,^) 0' ',.,/ CJ) IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Krista A. McMorrow, Plaintiff, ) ) ) ) ) ) ) No. 04-4886 Civil Civil Action - Law -n vs. Timothy P. McMorrow, Defendant, In Divorce a v.m. ;:, ;:) c' AFFlDA VIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on September 28,2004. 2. The marriage of Plaintiff and Defendant is irretri<:vably 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 1-/4-D 5 jJ. (/)~ [orrow, Defendant 1349063 (' ",_.""l , --,\ . .."" -:) <- d ( (:.:") IN THE COURT OF COMMON PLEAS OF THE 39'" JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Krista A. McMorrow, Civil Action - Law Plaintiff, ) ) ) ) ) ) ) No. 04-4886 Civil vs. Timothy P. McMorrow, Defendant, In Divorce a v,m. PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section 3301(c) or 330] (d)(J) of the Divorce Code. 2, Date and manner of service of the Complaint: October 1,2004 - Certified Mail Return Receipt Requested - Restricted Delivery. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the Affidavit of Consent required by Section 3301(c) or 3301(d) of the Divorce Code: by Plaintiff, January 14, 2005; by Defendant, January 14, 2005. (b)( I) Date of execution of Plaintiff's Affidavit required by Section 330 I (d) ofthe Divorce Code: (2) Date of filing and service of the Plaintiff's Aftidavit upon the Defendant: Filing: ; Service: 4. Related claims pending: None; 5. Complete either (a) or (b) (a) Date and manner of service of the Notice ofIntention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: January 20, 2005; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: January 20, 2005, BARLEY SNYDER By: ft1'tAlw( ~ t- Michael J. Connor, Esquire, Attorney for Plaintiff 1356525 -r\ j"':"; ~J I r-..) C) ":'n q? en (r~ ..-.:.. . . :to;+:: ;+:::+: . ;Ii:ti :t: :Ii . ;Ii;+:: :":f.:!: ;Ii ;+::;+: .. .. ;+;;+:::i:;f. . . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY . . . . . . . . . STATE OF PENNA. . . Krista A. McMorrow, Plaintiff No. 04-4886 Civil . . . . VERSUS . . . . . . . . . . Timothy P. McMorrow, Defendant . . . . . . . . DECREE IN DIVORCE ~--1 " ,,- ~.D) , IT IS ORDERED AND . . . . AND NOW, . . . . . KRISTA A. MCMORROW , PLAINTIFF, DECREED THAT . . . AND TIMOTHY P. MCMORROW , 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; . . . . . . . . . . None. .? .7 . . . . . . . . . . . ATTEST: . . . . . . J~- - PROTHONOTARY . . . . . . . .. . . . ... '. . . . , . . . . . . . . . . . . . , . . . . , . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . , . . . . . . . . . . Of",,.,,+: l.,nf 7/'9 ? 7?;>r' :Z /7,7'V"/ r?:Z-f::~(., .5.7 1/ - c f!:<7 jZ /-:;7'7'11 :;:';;t?} Je'>" -'(,L7 II .,ft4' . ~ ; . IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Krista A. McMorrow Civil Action - Law Plaintiff, vs. Timothy P. McMorrow No. 04-4886 Civil Defendant, In Divorce a v.m. NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above-captioned matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 8th day of February, 2005, hereby elects to retake and hereafter use her previous name of Krista A. Barry and gives this written notice avowing her intention in accordance with the provisions of the Act of May 25, 1939, P.L. 192 as amended. ~ II 7tJ ~ Kris a A. McMorrow ~ To be known as: K~rr~ ~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN On the I day of 7-11("-(, l<'"',~ ,2005, before me, a Notary Public, personally appeared Krista A. McMorrow known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. SS: IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~ ~~~t -'4rota Publit 1365012 -',; 4.Q 0 --::t ~ ~ D ; \) -.. -- lr( -u ! II "-' ~ ~ .. 0 i'., , :g C,.