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HomeMy WebLinkAbout04-6261Dec,14, 2004 0:244 Law Offices of Paul H Scull, Jr, PAUL H. SCULL, JR., ESQUIRE The Law Office of Paul H. Scull, Jr, ID# 78006 151 North Broadway Pennsvilie, New Jersey 08070 Telephone No. (856) 678-0700 Facsimile No, (858) 678-9366 Attorney for Plaintiff STEPHANIE MORGAN 11 Spring View Court Mechanicsburg, PA 17060 Plaintiff, vs. CHAD W. MORGAN 11 Spring View Court Mechanicsburg, PA 17050 Defendant IN THt COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION L LTERM, 2006 NO.. n l - lq?(p I 01C..) L' (?FE? NOTICE TO DEFEND QQMPLAINT.IN CIVIL ACTION 26070 DIVQRQE You have been sued In court. If you wish to defend against the claims set forth In the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the curt your defenses or objections to the claims set forth against you. You are warned that if you fall to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money for any money claimed In the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights Important to you. 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 BE=LOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE SERVICE: Cumberland County Bar Association 32 S, Bedford Street Carlisle, PA 97013 (717) 249-3166 AVISO Le han demandado a usted an Is Corte. SI usted quiere defendence de estas demanda$ expealas en lag pagina6 sigulentes, usted tleneveinthe (20) dies de plazo al partlr de Is fecha de Is demanda y la notiflcacion. Ilace falta ascentar una comparonols escrlta o an persona o con un abogado y entregar a la Corte on forma oscrits sus defenses o sus objections a las demandas en contra de su persona. Sea avisado quo si usted no se defende, la Corte tomara medidas y pueda continuer is demanda an contra suys sin previo aviso o notlflcaclon. Ademes, la Corte puede decider a favor del dedamandante y require usted cumpla con todas las provlslones de esta demands. Listed pueda pander dlnerc o sus proplcdades u otros dorechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCtON SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Dec-l4- 20 04 9:244M Law 0 f f 1 c 9s of Paul H Scull, jar N0-9511 P. 3 SERVICIQ AE RLFERENClA LEGAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 248-3160 PAUL H. SCULL, JR., ESQUIRE The Law Office of Paul H. Scull, Jr. I D# 78006 151 North Broadway Pennsville, New Jersey 08070 Telephone No. (856) 678-0700 Facsimile No. (856) 678-9366 Attorney for Plaintiff STEPHANIE MORGAN 11 Spring View Court Mechanicsburg, PA 17050 Plaintiff, vs. CHAD W. MORGAN 11 Spring View Court Mechanicsburg, PA 17050 Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION TERM, 2006 NO. ny - L.211 COMPLAINT IN DIVORCE 1. Plaintiff is Stephanie Morgan (Maurer), an adult individual who currently resides at 11 Spring View Court, Mechanicsburg, PA 17050. 2. Defendant is Chad W. Morgan, an adult individual who currently resides at 11 Spring View Court, Mechanicsburg, PA 17050. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this complaint. 4. The parties were married on May 29, 1999 in Carneys Point Township, Salem County, New Jersey. A copy of the marriage certificate is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors Civil Relief Act of the Congress of 1940 and its amendments. 6. Plaintiff is currently residing at 11 Spring View Court, Mechanicsburg, PA 17050 and a Final Restraining Order has been filed in Salem County, New Jersey under Docket No. FV-17-000241-05. A Temporary Protection from Abuse Order has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania under No. 04-5917. 7. The Plaintiff and Defendant have been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I - DIVORCE 8. The prior paragraphs of this Complaint are incorporated herein by reference as though duly set forth herein at length. 9. The marriage of the parties is irretrievably broken. 10. Plaintiff seeks a Divorce under section 3301 (c) of the Pennsylvania Divorce Code based on mutual consent and the fact that the marriage is irretrievably broken. Plaintiff is willing to file an Affidavit of Consent to Divorce and expects that Defendant will do the same at least ninety (90) days after the service of this Complaint. a) In the alternative, Plaintiff seeks a Divorce under Section 3301 (a) (6) of the Pennsylvania Divorce Code based on the fault ground of Indignities; the Plaintiff has suffered such indignities by the Defendant as to render it impossible for her to continue in the marriage. WHEREFORE, Plaintiff prays this Honorable Court to grant her a Divorce from Defendant based on Section 3301 (c), Section 3301 (d), and/or Section 3301 (a) (6) alternatively, in addition to the further relief requested in the remainder of her counts and for such further relief as this Honorable Court may deem just and equitable. COUNT II REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE RELEVANT SECTIONS OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though duly set forth herein at length. 12. The parties have acquired property, both real and personal, from the date of their marriage until their separation which is subject to Equitable Distribution. 13. Plaintiff request the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant facts, without regard to marital misconduct. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order of Equitable Distribution of their marital property pursuant to the relevant sections of the Divorce Code of this Complaint, in addition to the relief requested in the remainder of her counts, and for such further relief as this Honorable Court may deem just and equitable. COUNT III REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER THE RELEVANT SECTIONS OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though duly set forth herein at length. 15. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 16. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 17.To the extent that a written settlement agreement might be entered into between the parties prior to the time of the hearing on the Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated, not merged, in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to the relevant Sections of the Divorce Code, the Court approve such agreement and incorporate it, not merge it, in the final divorce decree which may be entered between the parties. Plaintiff prays this Honorable Court for an order granting a Divorce from Defendant, in addition to the further relief requested in the remainder of her Counts, and for such further relief as this Honorable Court may deem just and equitable. COUNT - IV COUNSEL FEES, COSTS AND EXPENSES SPOUSAL SUPPORT ALIMONY PENDENTE LITE 18. The prior paragraphs of this Complaint are incorporated herein by reference as though duly set forth herein at length. 19. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff has a regular salary but it is not sufficient to sustain herself during the course of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order for Spousal Support and/or Alimony Pendente Lite, and Counsel Fees and costs pursuant to the relevant Sections of the Divorce Code, in addition to the relief requested in the remainder of her counts, and for such further relief as this Honorable Court may deem just and equitable. COUNT V Support of Children 21.The prior paragraphs of this Complaint are incorporated herein by reference. 22. Support is also sought for the unemancipated child of the parties. 23. Plaintiff is not on Public Assistance and earns approximately $66,000.00 dollars gross per year. 24. Defendant earns in excess of $108,000.00 gross per year. WHEREFORE, Plaintiff prays this Honorable Court to grant her support on behalf of the child in a reasonable amount in accordance with the Pennsylvania guidelines in addition to the relief requested in the remainder of her counts, and for such further relief as this Honorable Court deems just and equitable. COUNT VI REQUEST FOR ALIMONY 25. The prior paragraphs of this Complaint are incorporated herein by reference. 26. Plaintiff will not be able to sustain herself after the Divorce at the same or at a similar level as she sustained herself during the marriage. 27. Defendants' actions toward Plaintiff and throughout the marriage indicates that alimony should be awarded to Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an award of alimony in her favor pursuant to Section 3701 of the Divorce Code in addition to the relief requested in the remainder of her counts, and for such further relief as this Honorable Court may deem just and equitable. Law Offices of Paul H. Scull, Jr. By: 4- ul H. Scull, Jr., squire Dated: 12 VERIFICATION I, Stephanie Morgan (Maurer) verify that I am the Plaintiff in the above Complaint in Divorce and that the foregoing statements made by me are true and correct to the best of my knowledge, information and belief. I am aware that if any of the foregoing statements made by me are willfully false, I may be subject to criminal and/or civil punishment under Pennsylvania law. S Morgan Dated: 1-41,3104 Local NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES iegistrar's Formstructions: g File No. See reverse side of last copy. V rrtifiratt of arxtage 1. FULL NAME OF GROOM Chum t` l x t.i..':31 Af7r*_yl t'. Place 2. FULL MAIDEN NAME OF BRIDE STATE USE ONLY III L1?Qnhasp p Ualvv hizi ve t 3. PLACCOF MARRIAGE INCORPORTATED MUNICIPALITY AND COUNTY 4. DATE OF MARRIAGE CaAite43 Poinx Tuiotsht.p sateim Mau 29, 1999 50. NAME OF PERSON OR OFFICER PERFORMING CEREMONY 15b. SIGNATUR ?OFFICIANT Rev. Caxtton stoegbaue't r? ( 5c. TITLE ADDRESS CITY S. E ZIP CODE Pastor 7€10 mzr.izo#t Pike chww Hia F ? 08034 6. SIGNATURE OF WITNESS ADDRESS CITY STATE ZIP CODE 7. SI NATURE OF WITNESS ADDRESS CITY STATE ZIP CODE L-j 8a. SI NATURE 0 LOCAL REGISTRAR I8b. DATE RECEIVED j 1 License No. 1'7-99 9a. DATE OF APPLICATION 9b. TIME n A .M 9c. PLACE APPLIED - Municipality County App 10 1999 111:30 n P.M. C new4 Point Tor lLi.p Salem 10a. DATE LICENSE ISSUED 10b. TIME LICENSE ISSUED 11. EXPIRATION DATE Wit? 1999 I .. A.M. 7:30 P.M-1 June 9. 1999 12a. R ; IST . R'S SIGNAT 12b. ADDRESS r,?Jr'}?1 £? ` f f 303 I Cif ????, Cats Kp-y4 Point NJ 030.49 13a. FULL NA OF MALE 23a. FULL NAME OF FEMALE 13b. RESIDENCE ADDRESS 23b. RESIDENCE ADDRESS 1429 T.=bvt &?ck VAi.ve 1429 Timbt& Brook VAive 13c. CITY COUNTY STATE ZIP CODE 23c. CITY COUNTY STATE ZIP CODE Mecnanic,i br Cumbe "F.&and PA. 17055 Mechah-ic4 ,.g C j) PA. 17 055 14. BIRTHDATE 15. AGE 16. BIRTH PLACE 24. BIRTHDATE 25. AGE 26 BIRTHPLACE Match 1, 1974 25 IPA. Jw«I? 11, 1974 24 .-Er> Engton, ve . 17. RACE 18. MARITAL STATUS 19. N T BER TIMES 27. RACE 28. MARITAL STATUS 29. NUMBER TIMES PREVIOUSLY MARRIED PREVIOUSLY MARRIED SING DIV 11 SING DIV C1 .Zax "`` WID ANN C3 CtXLiCtidtL WID ANN ? 20. MAIDEN NAME(S) OF FORMER WIFE(S) 30. NAMES) OF FORMER HUSBAND(S) 211 a. FATHER'S FULL NAME 21b. BIRTHPLACE j 31 a. FATHER'S FULL NAME 311?b. BIRTHPLACE },? REG•24 C .4.x.es ijZUi,-m ,Aagap, Le:&L?... tovuw, PA. Pik gayza Mcivu:-*'c., Jt (nm Gkove., Fir Jan 98 22a. MOTHER'S FULL MAIDEN NAME 22b. BIRTHPLACE 32a. MOTHER'S FULL MAIDEN NAME 32b. BIRTHPLACE r H4636 Liii& ? •??.F`4. Lock ?tt?. ca. PA. Mau ":Q°+..f uz D'tY'..?lQ ' hiZadetphia, PA 1 ? • . ? . . . . ! !. •. ! ! # t . t t t t • ! !.t . t t . . ? a ._t . . s # t ! . t i• i a r [_? 4 a .4 t a ? • t`vN 4+tA C 4 1 'k It VAA 4 V t A.-It a t-#?t?? w N as ?g c 7..j ty PAUL H. SCULL, JR., ESQUIRE The Law Office of Paul H. Scull, Jr. I D# 78006 151 North Broadway Pennsville, New Jersey 08070 Telephone No. (856) 678-0700 Facsimile No. (856) 678-9366 Attorney for Plaintiff COURT OF COMMON PLEAS STEPHANIE MORGAN CUMBERLAND COUNTY, PENNSYLVANIA 11 Spring View Court FAMILY DIVISION Mechanicsburg, PA 17050 Plaintiff, TERM, 2006 vs. NO. 0,1 -- 1020 CHAD W. MORGAN 11 Spring View Court Mechanicsburg, PA 17050 Defendant COUNSELING NOTICE The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: §3301 (a) (6) - Indignities §3301 (c) - Irretrievable breakdown - Mutual Consent §3301 (d) - Irretrievable breakdown - Two year separation - Where the Court determines that there is a reasonable prospect of reconciliation. A list of qualified professionals is available for inspection in the office of the Prothonotary, Cumberland County Courthouse, 1 Court House Square, Carlisle, PA 17013. . r'7 The Law Office of Paul H. Scull, Jr. By: Paul H. Scull, Jr., Esq. 151 North Broadway Pennsville, New Jersey 08070 Attorney for Plaintiff Telephone No. (856) 678-0700 COURT OF COMMON PLEAS STEPHANIE MORGAN CUMBERLAND COUNTY, PENNSYLVANIA 11 Spring View Court FAMILY DIVISION Mechanicsburg, PA 17050 Plaintiff, vs. : No. 04-6261 Civil Term CHAD W. MORGAN 11 Spring View Court Mechanicsburg, PA 17050 Defendant ACKNOWLEDGMENT OF SERVICE To: Paul H. Scull, Jr., Esquire Service of the annexed Complaint in Divorce is hereby acknowledged this 1'74A- day of 2005. k" N? Kara Haggerty, Esquire Attorney for Defendant Ch . Mo a .., ' ?, , c` ? :, ???? i... ( • ? ? ? ? STEPHANIE ELAINE MORGAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA V. : NO. 04-6261 CHAD WILLIAM MORGAN, CIVIL ACTION - LAW Defendant IN DIVORCE REQUEST FOR COUNSELING Petitioner, Chad Morgan, by and through his attorney, Kara W. Haggerty, Esquire, of Abom & Kutulakis, LLP, files this petition requesting counseling, and avers as follows: 1. That petitioner is Chad Morgan, an individual residing at 11 Spring View Court Mechanicsburg, Cumberland County, Pennsylvania. 2. That respondent is Stephanie Morgan, an individual residing at 40 Lenape Drive, Pennsville, NJ 08070. 3. That a divorce complaint was filed by plaintiff-respondent on December 14, 2004, on the grounds of 3301(c), 3301(d), and/or 3301(a)(6). 4. That the petitioner-defendant desires to attempt reconciliation under the provisions of the Divorce Code. WHEREFORE, petitioner-defendant, requests This Honorable Court to require the parties to attend up to three counseling sessions within 120 days of the filing of the Complaint in Divorce. Respectfully submitted, As/o/??4I ?KuTUzAxr , L.L.P DATE { 5 I°? b? ?y U Attorney for Petitioner/Defendant ID #86914 Kara W. Haggerty, s re 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 CERTIFICATE OF SERVICE AND NOW, this ? day of I 2005, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Request for Counseling, upon the Respondent by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Paul Scull, Esq. 151 N. Broadway Pennsville, NJ 08070 Respectfully submitted, ABOM & KUTULAKIs, L.L.P. I???' F-?ecfz? Kara W. Haggerty -A( ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner ?? .- ?; RECEIVED APR 05 70M STEPHANIE ELAINE MORGAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA V. NO. 04-6261 CHAD WILLIAM MORGAN, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT D p AND NOW, this ? day of r- 2005, it is Ordered and Decreed that c- !_' Respondents days of ft to show '"'r cause why Petitioner's ?/Request for Counseling hould not be granted. /2" D BY THE C6-URT Distribution: Paul Scull, Esq. 151 N. Broadway Pennsville, NJ 08070 Kara W. Haggerty, Esq. Abom & Kutulakis, LLP 36 S. Hanover Street Carlisle, PA 17013 7-? 5 Ch :01 WY L- 88V SOOZ Ic'1 )Pa J;-i.iGud -341 JO loia-!o-CTH STEPHANIE ELAINE MORGAN, Plaintiff V. CHAD WILLIAM MORGAN, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-6261 CIVIL ACTION - LAW IN DIVORCE PETITION TO PREVENT DISPOSITION OF MARITAL PROPERTY h? c' « 6 Vl Petitioner, Chad W. Morgan, by and through his attorney, Kara W. Haggefry, Esc *re" m n _C7 About & Kutulakis, LLP, files this Petition to Prevent Disposition of Marital Property, av2d avers as follows: 1. That petitioner is Chad Morgan, an individual residing at 11 Spring View ?ouW, Mechanicsburg, Cumberland County, Pennsylvania. 2. That respondent is Stephanie Morgan, an individual residing at 40 Lenape Drive, Pennsville, NJ 08070. 3. That a divorce complaint was filed by plaintiff-respondent on December 14, 2004, on the grounds of 3301(c), 3301(d), and/or 3301(a)(6). 4. Petitioner and Respondent are owners of the premises at 11 Spring View Court, Mechanicsburg, Cumberland County, Pennsylvania. 5. Petitioner and Respondent are owners of certain items of personal property, a list of which is attached hereto, made a part hereof, and marked as `Exhibit A'. 6. Said personalty, asset forth in Exhibit `A' is valued at the sum of approximately $17,000.00. 7. On November 10, 2004, Petitioner and Respondent did separate and Respondent relocated to Pennsville, New Jersey. 8. On or about November 29, 2004, a Temporary Restraining Order was issued by the New Jersey court that provides, in part, that Petitioner is granted possession of the marital home from Tuesday morning through Sunday morning, and Respondent is granted exclusive access to the marital home from Sunday through Monday. A copy of the TRO is attached hereto as `Exhibit W. 9. The TRO further provides that neither party to this action is to dispose of marital property. 10. The Respondent did remove the following items from the marital home without notice to Petitioner: 10 Piece Dining Room Set 6 Piece Master Bedroom Set Dell 2.7 GHz computer w/ 17" flat panel monitor Refrigerator Sectional Sofa Pfaltzgraff Naturewood Dish Set Kitchen Table and 4 Chairs Numerous Kitchen Appliances Crib & Mattress Queen-Size Box Spring and Mattress Lawn Mower Living Room Coffee and End Tables Gliding Chair & Ottoman Sofa Chair 11. It is unknown to Petitioner what is being done with the items of personal property that were removed from the marital home. 12. By removing and concealing said items of personal property, Respondent has wrongfully, intentionally, and maliciously prevented Petitioner from exercising his right and ownership interest in said items in order to defeat the equitable distribution of marital property or similar award. 13. Said removal and concealment of said property is to Petitioner's great detriment. 14. Petitioner has no adequate remedy at law. 15. Immediate and irreparable harm is being caused by Respondent's conduct, which is defeating Petitioner's claims of equitable distribution or similar award. WHEREFORE, petitioner-defendant requests This Honorable Court to grant equitable relief as follows: a. that an injunction issue preliminarily and until hearing and finally thereafter, enjoining Respondent from disposing, transferring, encumbering, concealing, selling, removing or alienating any personal property; b. that This Honorable Court issue an order requiring an accounting of all items of personal property, and that judgment be given to Petitioner against Respondent for monies or property due Petitioner as shown by said accounting and that no further removing of personal property take place without further order of court; c. that all personal property belonging to and being the sole property of Petitioner be delivered to Petitioner; d. that Petitioner be granted sole and exclusive possession of the marital residence; e. that This Honorable Court award attorney's fees, costs and expenses necessary for bringing this action; and f. such other relief as This Honorable Court may deem appropriate. Respectfully submitted, Aao &KuTuLAKrs,L.L.P DATE u Kara W. Haggerty; uire 36 South Hanover let Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner/Defendant ID #86914 Personal Property of Stephanie and Chad Morgan 10 Piece Dining Room Set - $5,000 6 Piece Master Bedroom Set - $5,000 Dell 2.7 GHz computer w/ 17" flat panel monitor - $2,000 Refrigerator - $1,000 Sectional Sofa - $800 Pfaltzgraff Naturewood Dish Set - -- $750 Kitchen Table and 4 Chairs - $700 Numerous Kitchen Appliances - - $500 Crib & Mattress - $350 Queen-Size Box Spring and Mattress - $300 Lawn Mower - $300 Living Room Coffee and End Tables - $300 Gliding Chair & Ottoman - $250 Sofa Chair - $250 EXHIBIT "A" Nov•3U, 2 U U 4 9:I)AM l,w Offices of Paul N Scull, Jr. No.9M 5 P. 2 • PkCVENTIOOAMMESTIJEC VIOLENCE ACT SALEM COUNTY, Superior Court, Chancery Division, Family Part ® FINAL RESTRAINING ORDER (FRO) ? AMENDED FINAL RESTRAINING ORDER DOCKETNUMBER FV-17-000241.05 DEFENDANT 1 DEFENDANT'S DEFENDANTS HT5110' DEFENDANTS MORGAN,CHAD SEX RACE DATE OF BIRTH 09/01/1874 SSN# 161 M CAUCASIAN WT 175 L DEFENDANT'S 11 SPRING VIEW COURT SCARS, FACIAL HAIR, ETC. DEFENDANT'S HOME TELEPHONE NO, HOME ADDRESS t I MrQHANIQSAURr PA 17050. DEFENDANT'S HAIR COLOR: BROWN DEFENDANTS WORK TELEPHONE NO, WORK ADDRESS ( I EYE COLOR: HAZEL The Court having considered plaintiffs Complaint dated 11/24/2004 seeking an ORDER under the Prevention of Domestic Violence Act, having established jurisdiction over the subject matter and the parties pursuant to N.J.S.A. 2C:25.17 at seq„ and having found good cause to believe that plaintiffs life, health or well-being have been and are endangered by defendant's act($) of violence: It is on this 291" Day of November 2004 ORDERED that: SOUGHT GRANTED DEFENDANT: 1. ® ® You are prohibited against future acts of domestic violence. 2. ® ® You are barred from the following location(s): ® RESIDENCE(S) OF PLAINTIFF ® PLACE(S) OF EMPLOYMENT OF PLAINTIFF ? Other 3. ® ® You are prohibited from having any (oral, written, personal, electronic or other) form of contact or communication with: ® Plaintiff ? Others (List names & relationship to plaintiff): PLA'S PARENTS FRANK JR & MARY 4. ® ® You are prohibited from making or causing anyone else to make harassing communications to: ® Plaintiff ? Others (Same as above or list names & relationship to plaintiff): SAME AS ABOVE 5. ® ® You are prohibited from stalking, following, or threatening to harm, to stalk or to follow: ® Plaintiff ?Others (Same as above or list names & relationship to plaintiff): SAME AS ABOVE 6. ? ? You must pay ? plaintiff ? dependent (s) emergent monetary relief (describe amount and method): 7. ? ? Other appropriate relief: Defendant (including substance abuse, mental health or other evaluations and subsequent treatment): S. ? 0 Psychiatric evaluation: 3. ? ? Intake monitoring of conditions and restralnts(spsclty) / o at on o any section c this Order by defendant can resu in -arrest an Incarceration, n y a ou can change this Order. Nov,30, 2004 9:IOAM i,w Offices of Paul h Scull, Jr. No•9285 P. 3Page2 ut4 ® FINAL RESTRAINING ORDER (FRO) PREVENTION OF DOMESTIC VIOLENCE ACT ? AMENDED FINAL RESTRAINING ORDER FV-17-000241.05 10. ® ® PROHIBITION AGAINST POSSESSION OF WEAPONS: You are prohibited from possessing any and all firearm$ or other weapons and must Immediately surrender these firearms, weapons, permits to carry, applications to purchase firearms and firearms purchaser ID card to the officer serving this court Order: Failure to do so can result In your arrest and Incarceration, Other Weapon(s) (describe) ANY/ALL OR PURCHASER'S ID CARD PLAINTIFF: 11. ? ® You are granted exclusive possession of (residence or alternate housing, list address only if specifically known to defendant): l,AAOITAI U^RAC (III AAIT?UA kl~Mt inn 1•1•nii,a-nn..-- 12. ® ® You are granted temporary custody of (specify name(s)): CAMERON MORGAN 13. ? ? Other appropriate relief: Child(ren) (describe) ? ? ? ? LAW ENFORCEMENT OFFICER You are to accompany to scene, residence, shared place of business, other (indicate address, time, duration 8 purpose): Plaintiff: Defendant: WARRANT TO SEARCH FOR AND TO SEIZE WEAPONS FOR SAFEKEEPING: ? To any law enforcement officer having jurisdiction • this Order shall serve as a warrant to search for and seize any issued permit to carry a firearm, application to purchase a firearm and firearms purchaser identification card issued to the defendant and the following firearm(s)or weapon(s) 1. You are hereby commanded to search the premises for the above described weapons and/or permits to carry a firearm, application to purchase a firearm and firearms purchaser ID card and to serve a copy of this Order upon the person at the premises or location described as: 2. You are hereby ordered In the event you seize any of the above described weapons, to glue a receipt for the property so seized to the person from whom they were taken or in whose possession they were found, or In the absence of Such person to have a copy of this Order together with such receipt in or upon the said structure from which the property was taken, 3. You are authorized to execute this Order immediately or as soon thereafter as is practicable, ? ANYTIME ? OTHER: 4. You are further ordered, after the execution of this Order, to promptly provide the Court with a written inventory of the property seized per this Order. A violation of any section of this Order by defendant can result In arrest and Incarceration. Only a Court can change this Order. NOV, U. '(UU4 I JAM `-w Offices of Paul H Scull, Jr• No.9225 P- 4Page 3or4 1, ..:VENTION OF DOMESTIC VIOLENCE AC I Z FINAL RESTRAINING ORDER (FRO) ? AMENDED FINAL RESTRAINING ORDER FV•17.000241.05 SOUGHT GRANTED PART II RELIEF DEFENDANT: 1. Q ? You acknowledge parentage of 2. ? ? You must submit to genetic testing: 1 ® ? No parenting time (visitation) until further order, 4. ? ? Parenting time (visitation) pursuant to (prior FV, FM, or FD Orderl# I$ suspended, a hearing is scheduled for: 5. ? ? Parenting time (visitation) Is ordered as follows: (specify drop-off and pick-up limes and locations, participation of or supervision by designated third party): 6. ? ? Risk assessment ordered (specify by whom): Return Date: 7. ? ? You must provide compensation as follows: (Appropriate notices have been attached as part of this Order), ? Q Emergent support - plaintiff ? ? Emergent support - dependent(s) ? Interim support - plaintiff: ? Interim support - dependent(s): ? ? Ongoing plaintiff support Paid via income withholding through the: Probation Div. ? ? Other: ? ? Ongoing child support: Paid via income withholding through the: Probation Div. 8. ? 9. ? 10• ? 11,? 12•? C7 13.? 14.? 13 ? 11 Medical coverage for plaintiff- Medical coverage for dependent(s): Compensatory damages to plaintiff: Punitive damages (describe): You must pay compensation to (specify third party and/or VCCB, and describe): You must participate in a batterers intervention program (apaclfy): ALTERNATIVE TO VIOLENCE PROGRAM THROUGH SALEM COUNTY WOMEN'S SERVICES, You must make: ? rent ? mortgage payments (specify amount(s) due date(s) and payment manner)p 15.0 ® Defendant is granted temporary possession of the following personal property (describe): MARITAL HOME IN MECHANICSBURG PA. EXCEPT PLATO HAVE HOME EACH SUN 6PM-MON 6PM. ® You must pay a civil penalty of $ 50.00 ($50.00 to $500.00) per NJS,A 2Cr25-29 (DVVF) to: PAY THRU PROS within &days• You will be charged a $2.00 transaction fee for each payment or partial payment that you ma e. ? Waived due to extreme financial hardship because: OUGHT GRANTED 'LAINTIFF: 6.? ? Plaintiff Is granted temporary possession of the following personal property (describe) violation o any section o this Order by defendant may result in arrest an incarceration. n y a ou can change this r er, Ivov•sU• [UU4 9 iUAM 1W Oftices of Paul H SCUM, Jr. PREVENTION OF DOMESTIC VIOLENCE ACT FINAL RESTRAINING ORDER (FRO) LJ AMENDED FINAL RESTRAINING ORDER FV47.000241.05 No .92H P. 5P4b-e4of4 This Order Is to become effective Immediately and shall remain in effect until further Order of the Superior Court, Chancery Division, Family Part. ALL LAW ENFORCEMENT OFFICERS WILL SERVE AND FULLY ENFORCE THIS ORDER, THE PLAINTIFF SHALL NOT BE ARRESTED FOR A VIOLATIOtLOF THIS RESTRAINING ORDER. 11/2912004 DATE THIS FINAL RESTRAINING ORDER WAS ISSUED AFTER DEFENDANT WASWVIDED WITH NOTICE AND THE OPPORTUNITY TO BE HEARD AND SHOULD BE GIVEN FULL FAITH AND CREDIT PURSUANT TO THE VIOLENCE AGAINST WOMEN ACT OF 1991, SEC. 40221, CODIFIED AT 18 U.S.C.A. S2255(a) AND 52286, IF ORDERED, SUFFICIENT GROUNDS HAVE BEEN FOUND BY THIS COURT FOR THE SEARCH AND SEIZURE OF FIREARMS AND OTHER WEAPONS AS INDICATED IN THIS COURT ORDER. NOTICE TO PLAINTIFF AND DEFENDANT IMPORTANT: The parties cannot themselves change the terms of this Order on their own, This Order may only be changed or dismissed by the Family Court. The named defendant cannot have any contact with the plaintiff without permission of the court. If you wish to change the terms of this Order and/or you resume Ilvinp together, you must appear before this court for a rehearinp, A violation of any of the provisions listed In this Order or a failure to comply with the directive to surrender all weapons, firearm permits, application or identification cards may constitute criminal contempt pursuant to N.J.S.A. 2Ct 20-9(b), and may also constitute violations of other state and federal laws which can result in your arrest andlor Criminal prosecution. This may result in a )all sentence. NOTICE TO DEFENDANT ? Plaintiff was given a copy of the Order by Print Name Time and Data Signature/Badge No./Dept, [] I hereby certify that I served the within Order by delivering a copy to the defendant personally: Print Name Time and Date SlgnatursiBadge No./Dept. ? I hereby certify that I served the within Order by use of substituted service as follows: Print Name Time and Date ? Defendant could not be served (axplaln): Signature/Badge No./Dept. )efendant hereby acknowledges receipt of the Restraining Order, I understand that pursuant to this court Order, I am not to have any contact with the named plaintiff even if plaintiff agrees to the contact or Invites me onto the premises and that t can be arrested and prosecuted if I violate this Order. I understand that iursu ant to N.J.S.A. 53:1.15 any person against whom a Final Restraining Order In a domestic violence matter has been entered shall submit to fingerprinting nd other identification procedures as required bylaw and I HAVE SEEN ADVISED THAT I MUST SUBMIT TO FINGERPRINTING AND OTHER )ENTIFICATION PROCEDURES. IGNATURE' TIME i DATE: he courthouse is accessible to those with disabilities, Please notify the court if you will require assistance. ISTRIBUTION:FAMILYPART, PLAINTIFF, DEFENDANT, SHERIFF, OTHER (AOC7/01) CERTIFICATE OF SERVICE AND NOW, this _ day of ,"`? 2005, I, Rhonda D. Rudy, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition to Prevent Disposition of Marital Property, upon the Respondent by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Paul Scull, Esq. 151 N. Broadway Pennsville, NJ 08070 Respectfully submitted, ABOM & KvTVL Axis, L.L.P. nda D. Ru y STEPHANIE ELAINE MORGAN, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-6261 CHAD WILLIAM MORGAN, CIVIL ACTION - LAW Defendant IN DIVORCE TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO WITHDRAW REQUEST FOR COUNSELING Please withdraw the defendant's Request for Counseling in the above-captioned case. Respectfully submitted, DATE 4 L D5 Aao &KuTUZAxIS,L.L.P Kara W. Haggerty, re 36 South Hanover St et Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner/Defendant ID 1186914 CERTIFICATE OF SERVICE AND NOW, this 2? day of 2005, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw Request for Counseling, upon the Respondent by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Paul Scull, Esq. 151 N. Broadway Pennsville, NJ 08070 Respectfully submitted, ABOM & KUTULAKis, L.L.P. ({ ,"'_ / i I /a a '// Kara W. Haggerty?K ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner 0 RECEIVED MAY 0 2 20053 J5 STEPHANIE ELAINE MORGAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA V. NO. 04-6261 CHAD WILLIAM MORGAN, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT _ AND NOW, this 3 2 day of / , 2005 ='@--.e.^.- atcached w?t v? f'Le ^- ?•• Gr?-? cry . (a .h/ , by i M=rfrmoi ?U-Vwllulmllp' VI III ally Mimi pef9eft'm Eli o of , B' J ibution: ul Scull, Esq. 1 N. Broadway nnsville, NJ 08070 ra W. Haggerty, Esq. lom & Kutulakis, LLP S. Hanover Street rlisle, PA 17013 J .05 8 ?-, :S P"1 tI_ ,VN NOZ te, r:,. ";q }. J A lJ RECEIVED MAY 021005" STEPHANIE ELAINE MORGAN, Plaintiff V. CHAD WILLIAM MORGAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-6261 CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this day of 2005, upon consideration of the attached Petition, the Plaintiff and Defendant are hereby enjoined from transferring, encumbering, selling, removing, disposing, or alienating any real and personal property owned by individually, in any form of co-ownership, or in any other person's or entity's name until Order of this Court. IN THE ALTERNATIVE, a hearing on said Petition is scheduled for the day of 12005, at .m. in Courtroom No. of the Cumberland County Carlisle, Pennsylvania. BY THE COURT: J ul Scull, Esq. 1 N. Broadway nnsville, NJ 08070 ra W. Haggerty, Esq. Dom & Kutulakis, LLP S. Hanover Street rlisle. PA 17013 STEPHANIE ELAINE MORGAN, Plaintiff V. CHAD WILLIAM MORGAN, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 04-6261 : CIVIL ACTION - LAW : IN DIVORCE PETITION TO PREVENT DISPOSITION OF MARITAL PROPERTY Petitioner, Chad W. Morgan, by and through his attorney, Kara W. Haggerty, Esquire, of Abom & Kutulakis, LLP, files this Petition to Prevent Disposition of Marital Property, and as follows: 1. That petitioner is Chad Morgan, an individual residing at 11 Spring View Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. That respondent is Stephanie Morgan, an individual residing at 40 Lenape Drive, Pennsville, NJ 08070. 3. That a divorce complaint was filed by plaintiff-respondent on December 14, 2004, on the grounds of 3301(c), 3301(d), and/or 3301(a)(6). 4. Petitioner and Respondent are owners of the premises at 11 Spring View Court, Mechanicsburg, Cumberland County, Pennsylvania. 5. Petitioner and Respondent are owners of certain items of personal property, a list of which is attached hereto, made a part hereof, and marked as `Exhibit A'. 6. Said personalty, asset forth in Exhibit `A' is valued at the sum of approximately $17,000.00. 7. On November 10, 2004, Petitioner and Respondent did separate and Respondent relocated to Pennsville, New Jersey. 8. On or about November 29, 2004, a Temporary Restraining Order was issued by the New Jersey court that provides, in part, that Petitioner is granted possession of the marital home from Tuesday morning through Sunday morning, and Respondent is granted exclusive access to the marital home from Sunday through Monday. A copy of the TRO is attached hereto as `Exhibit B'. 9. The TRO further provides that neither party to this action is to dispose of marital property. 10. The Respondent did remove the following items from the marital home without notice to Petitioner: 10 Piece Dining Room Set 6 Piece Master Bedroom Set Dell 2.7 GHz computer wl 17" flat panel monitor Refrigerator Sectional Sofa Pfaltzgraff Naturewood Dish Set Kitchen Table and 4 Chairs Numerous Kitchen Appliances Crib & Mattress Queen-Size Box Spring and Mattress Lawn Mower Living Room Coffee and End Tables Gliding Chair & ottoman Sofa Chair 11. It is unknown to Petitioner what is being done with the items of personal property that were removed from the marital home. 12. By removing and concealing said items of personal property, Respondent has wrongfully, intentionally, and maliciously prevented Petitioner from exercising his right and ownership interest in said items in order to defeat the equitable distribution of marital property or similar award. 13. Said removal and concealment of said property is to Petitioner's great detriment. 14. Petitioner has no adequate remedy at law. 15. Immediate and irreparable harm is being caused by Respondent's conduct, which is defeating Petitioner's claims of equitable distribution or similar award. WHEREFORE, petitioner-defendant requests This Honorable Court to grant equitable as follows: a. that an injunction issue preliminarily and until hearing and finally thereafter, enjoining Respondent from disposing, transferring, encumbering, concealing, selling, removing or alienating any personal property; b. that This Honorable Court issue an order requiring an accounting of all items of personal property, and that judgment be given to Petitioner against Respondent for monies or property due Petitioner as shown by said accounting and that no further removing of personal property take place without further order of court; c. that all personal property belonging to and being the sole property of Petitioner be delivered to Petitioner; d. that Petitioner be granted sole and exclusive possession of the marital residence; e. that This Honorable Court award attorney's fees, costs and expenses necessary for bringing this action; and f. such other relief as This Honorable Court may deem appropriate. Respectfully submitted, DATE ABOD & KUTULAKts, L.L.P Kara W. Haggerty, uire 36 South Hanover eet Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Petitioner/Defendant ID #86914 Personal Property of Stephanie and Chad Morgan 0 Piece Dining Room Set $5,000 Piece Master Bedroom Set - $5,000 Dell 2.7 GHz computer w/ 17" flat panel monitor - $2,000 Refrigerator - $1,000 Sectional Sofa - $800 faltzgraff Naturewood Dish Set - - $750 Kitchen Table and 4 Chairs - $700 Numerous Kitchen Appliances - - $500 rib & Mattress - $350 Queen-Size Box Spring and Mattress - $300 Lawn Mower - $300 Living Room Coffee and End Tables - $300 Tiding Chair & Ottoman - $250 ofa Chair - $250 EXHIBIT "A" Nlov,'H, 2U04 2:10AM Offices of Paul H Scull, Jr. No-9285 P. 2 AENTIO111010 TIC VIOLENCE ACT SALEM COUNTY , Superior Court, Chancery Division, Family Part ® FINAL RESTRAINING ORDER (PRO) ? AMENDED FINAL RESTRAINING ORDER DOCKETNUMBER FV-17.000241.05 DEFENDANT I I DEFENDANT'S DEFENDANT'S HT540' DEFENDANT'S MORGAN, CHAP SEX RACE DATE OF BIRTH 03/01/1974 SSN# 161-64-7580 M CAUCASIAN WT 175 L DEFENDANT'S I 11 SPRING VIEW COURT SCARS, FACIAL HAIR, ETC, DEFENDANT'S HOME TELEPHONE NO. HOME ADDRESS ( ) DEFENDANT'S? ) HAIR COLOR: BROWN DEFENDANTS WORK TELEPHONE NO WORK ADDRESS EYE COLOR: HAZEL The Court aving considered plaintiffs Complaint dated 11/2412004 seeking an ORDER under the Prevention of Domestic Violence Act, having established jur sdiclion over the subject matter and the parties pursuant to N.J.S,A. 2C:25.17 at seq„ and having found good cause to believe that plaintiffs life, health or well-being have been and are endangered by defendant's act(s) of violence: It is an this 291h Day of November 2004 ORDERED that: 1.0 ®I 2, tR (0 3. 4. 5. DEFENDANT: You are prohibited against future acts of domestic violence. You are barred from the following location(s): ® RESIDENCE(S) OF PLAINTIFF ® PLACE(S) OF EMPLOYMENT OF PLAINTIFF ? Other You are prohibited from having any (oral, written, personal, electronic or other) form of contact or communication with: ® Plaintiff ? Others (List names & relationship to plaintiff): PUS PARENTS FRANK,JR & MARY You are prohibited from making or causing anyone else to make harassing communications to: ® Plaintiff ? Others (Same as above or list names & relationship to plelndff)', SAME AS ABOVE You are prohibited from stalking, following, or threatening to harm, to stalk or to follow: ® Plaintiff []Others (Same as above or list names & relationship to plaintiff): SAME AS ABOVE 6. ? ? You must pay ? plaintiff ? dependent (s) emergent monetary relief (describe amount and method): 7.? O 8, ? ? 9.? ? Other appropriate relief: Defendant (including substance abuse, mental health or other evaluations and subsequent treatment): Psychiatric evaluation: Intake monitoring of conditions and restra nta(specily) can Nov.3U- 2004 90AM Offices of Paul H Scull, Jr. No•9285 P- 3vageIoi4 PREVENTION OF DOMESTIC VIOLENCE ACT ® FINAL RESTRAINING ORDER (FRO) ? AMENDED FINAL RESTRAINING ORDER FV-17.000241.05 1 D. ® 23 PROHIBITION AGAINST POSSESSION OF WEAPONS: You are prohibited from possessing any and all firearms or other weapons and must Immediately surrender these firearms, weapons, permits to carry, applications to purchase firearms and firearms purchaser ID card to the officer serving this court Order: Failure to do so can result in your arrest and Incarceration, Other Weapon(s) (describe) ANYIALL OR PURCHASER'S ID CARD 11, ? ®', You are granted exclusive possession of (residence or alternate housing, list address only if specifically known to defendant), A HOME IN MECHANICS URG PA EACH SUN 6PM MON 6PM DEF HA POSS TO ALL OTHER TIME5 12. ®® You are granted temporary custody of (specify name(s)): CAMERON MORGAN 13. ? ? Other appropriate relief: Plaintiff (describe) Child(ren) (describe) LAW ENFORCEMENT OFFICER You are to accompany to scene, residence, shared place of business, other (Indicate address, time, duration & purpose): ? ? Plaintiff ? ? Defendant: WARRANT TO SEARCH FOR AND TO SEIZE WEAPONS FOR SAFEKEEPING: ? I To any taw enforcement officer having )urisdlctlon • this Order shall serve as a warrant to search for and seize any issued permit to carry a firearm, application to purchase a firearm and firearms purchaser identification card issued to the defendant and the following firearm(s)or weapon(s) 1. You are hereby commanded to search the premises for the above described weapons and/or permits to carry a firearm, application to purchase a firearm and firearms purchaser ID card and to serve a copy of this Order upon the person at the premises or location described as: 2. You are hereby ordered In the event you seize any of the above described weapons, to give a receipt for the property so seized to the person from whom they were taken or in whose possession they were found, or In the absence of such person to have a copy of this Order together with such receipt In or upon the said structure from which the property was taken. 3. You are authorized to execute this Order immediately or as soon thereafter as is practicable, ? ANYTIME ? OTHER- 4. You are further ordered, after the execution of this Order, to promptly provide the Court with a written inventory of the property seized per this Order. A violation of any section of this Order by defendant can result In arrest and Incarceratlon. Only a Court can change this Order, INov.a MA y,IUAM Offices of Paul H SCUII, Jr, No.9285 P- 4Page3014 ENTION OF DOMESTIC VIOLENCE A FINAL RESTRAINING ORDER (FRO) ? AMENDED FINAL RESTRAINING ORDER FV•17.000241.05 BOUGHT GRANTED PART II RELIEF 1. ? ? 2. ? ? 3. ® ? 4. ? ?. 5, ? ? 6. ? ? 7. ? ? ? ? ? ? ? ? ? ? 9. ? ? 10, r-1 ? 11.? ? 12.© n 13,? ® I 14.? ? 15.? DEFENDANT; You acknowledge parentage of You must submit to genetic testing: NO parenting time (visitation) until further order, Parenting time (visitation) pursuant to (prior FV, FM, or FD Order) Is suspended, a hearing is scheduled for: Parenting time (visitation) Is ordered as follows: (specify drop-off and pick-up times and locations, participation of or supervision by designated third party): Risk assessment ordered (specify by You must provide compensation as follows: (Appropriate notices have been attached as part of this Order); Emergent support- plaintiff: Emergent support - dependent(s) Interim support - plaintlff: Interim support • dependent(s): Ongoing plaintiff support: Paid via income withholding through the: Probation Div. Other: Ongoing child support: Paid via income withholding through the: Probation Div. -_. Medical coverage for plaintiff, Medical coverage for dependent(s): Compensatory damages to plaintiff: Punitive damages (describe); You must pay compensation to (specily third party andlor VCCB, and describe): You must participate in a batterers intervention program (specify):-ALTERNATIVE TO VIOLENCE PROGRAM THROUGH SALEM COUNTY WOMEN'S SERVICES. You must make: ? rent ? mortgage payments (specify amount(s) due date(s) and payment manner), possession of the following personal property ® Yo must pay a civil penalty of $ 5_0000 ($50.00 to $500.00) per N,JS.A 2C.25.29 (DVVP) to: PAY THRU PROS dhin;Qdays. You will be charged a $2.00 transaction fee for each payment or partial payment that you ma e. ? Waived due to extreme financial hardship because: PLAINTIFF: 16.0 ? Plaintiff is granted temporary possession of the following personal property (describe) voV•ao. [u"' 4 9 GUAM UttICaS of Paul H SCUII, Jr. PREVENTION OF DOMESTIC VIOLENCE ACT RESTRAINING ORDER FINAL RESTRAINING ORDER N0.9285 P- 5 Pa6e4ot4 This Order Is to become effective Immediately and shah remain In effect until further Order of the Superior Court, Chancery Division, Family Part, ALL LAW ENFORCEMENT OFFICERS WILL SERVE AND FULLY ENFORCE THIS ORDER, THE PLAINTIFF SHALL NOT BE ARRESTED FOR A VIOLATIOAPF THIS RESTRAINING ORDER. 11/2912004 DATE H J THIS FINAL RESTRAINING ORDER WAS ISSUED AFTER DEFENDANT WA VIDEO WITH NOTICE AND THE OPPORTUNITY TO BE HEARD AND SHOULD BE GIVEN FULL FAITH AND CREDIT PURSUANT TO THE VIOLENCE AGAINST WOMEN ACT OF 1991, SIC, 40221, CODIFIED AT 18 U.S.C.A. S2255(s) AND S2266. IF i0, SUFFICIENT GROUNDS HAVE BEEN FOUND BY THIS COURT FOR THE SEARCH AND SEIZURE OF FIREARMS AND OTHER AS INDICATED IN THIS COURT ORDER, NOTICE TO PLAINTIFF AND DEFENDANT IMPORTANT: The parties cannot themselves change the terms of this Order on their own. This Order may only be changed or dismissed by the Family Court. The named defendant cannot have any contact with the plalnhff without permission of the court. If you wish to change the terms of this Order and/or you resume Nrin together, you must appear before this court for a rehearinp, any or the provisions noted in this urger or a ranure to comply wnn ins directive to surrender an weapons, rirearm ration or identification cards may constitute criminal contempt pursuant to N.J.S.A.2C:2M(b), and may also constitute violations TO RETURN OF SERVICE ? Plaintiff was given a copy of the Order by Print Name Time and Date Signature/badge NodDept. 13 1 hereby certify that I served the within Order by delivering a copy to the defendant personally, 1 Print Name Time and Date Signaturelaadge NodDept. ? 1 hereby certify that I served the within Order by use of substituted service as (ollows. Print Name Time and Date Signaturel8adge No./Dept. ? Defendant could not be served (explain), rent Name Time and Date Signature/Sadao No./De t Defendant hereby nowledges receipt of the Restraining Order. I understand that pursuant to this court Order, I am not to hays any contact with the named plaintiff even if plai tiff agrees to the contact or invites me onto the premises and that I can be arrested and proseeuled if I violate this Order. I understand that pursuant to NJ.S.Aj 53:1-15 any person against whom a Final Restraining Order Ina domestic violence matter has been entered shall submit to fingerprinting and other identilicatlon procedures as requited bylaw and I HAVE BEEN ADVISED THAT I MUST SUBMIT TO FINGERPRINTING AND OTHER IDENTIFICATION OCEDURES. TIME / DATE: PART. PLAINTIFF, DEFENDANT, SHERIFF, OTHER tAOC7/01) CERTIFICATE OF SERVICE AND NOW, this day of 2005, I, Rhonda D. Rudy, of ibom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy the foregoing Petition to Prevent Disposition of Marital Property, upon the by depositing, or causing to be deposited, same in the United States First-class mail, postage prepaid addressed to the following: Paul Scull, Esq. 151 N. Broadway Pennsville, NJ 08070 Respectfully submitted, ABOM & KUTULAK7s, L.L.P. nda D. Ru y n r .z?, ,??. 5! -n I? t.,. SCE ?;:^ 'G T ,? r. ??? Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com PAULA A. HARVEY and TERRY HARVEY, wife and husband, Plaintiffs V. Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06241 KATHLEEN E. ELLIS and CIVIL ACTION - LAW KEE MEDICAL SERVICES, INC., JURY TRIAL DEMANDED Defendants DEFENDANTS ANSWER TO COMPLAINT AND NOW, this Aodey of July, 2005, comes Defendants Kathleen E. Ellis and Kee Medical Services, Inc., through their undersigned attorneys, and answer Plaintiffs' complaint as follows: 1. Admitted in Part. Denied in Part. Plaintiffs names and addressed are admitted. The remainder of this averment is denied in that sifter reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof. 2.-3. Admitted. 4. Denied in part. Admitted in part. That Plaintiff was operating lawfully and carefully is denied in that after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof. The remainder of this averment is admitted. 5. Admitted. 6. Admitted in part. Denied in part. It is admitted that Defendant Kathleen E. Ellis was proceeding northbound as averred and attempted a left turn. The remainder of this averment, including reckless, negligent and careless conduct, is denied. 7. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. 8. Denied. Defendant Kathleen E. Ellis does not recall any citation being issued. COUNTI PAULA HARVEY V. KATHLEEN E. ELLIS (NEGLIGENCE) 9. Admitted in Part. Denied in Part. Paragraphs 1 through 8 hereof are incorporated by reference herein. 10. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. 11. Denied. 12.-15. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. WHEREFORE, Defendants Kathleen E. Ellis and Kee Medical Services, Inc. demand that Plaintiffs' complaint against them be dismissed. COUNT II PAULA HARVEY V. KEE MEDICAL SERVICES, INC. 16. Admitted in Part. Denied in Part. Paragraphs 1 through 15 hereof are incorporated by reference herein. 17. Denied. On the contrary, Defendant Kathleen E. Ellis was not driving within the course and scope of her employment. 18. This averment is deemed denied as a conclusion of law to which no responsive pleading is required. WHEREFORE, Defendants Kathleen E. Ellis and Kee Medical Services, Inc. demand that Plaintiffs' complaint against them be dismissed. COUNT III TERRY HARVEY V. KEE MEDICAL SERVICES, INC. and KATHLEEN E. ELLIS (LOSS OF CONSORTIUM) 19. Admitted in Part. Denied in Part. Paragraphs 1 through 18 hereof are incorporated by reference herein. 20. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. NEW MATTER - MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW 21. Defendants are entitled to the restrictions on Plaintiffs' ability to recover damages provided in the Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendants Kathleen E. Ellis and Kee Medical Services, Inc. demand that Plaintiffs' complaint against them be dismissed. JOHNSON, DUFFIE, STEWART & WEIDNER By: :253172 (C. IR Oy idner, Jr. VERIFICATION The undersigned says that the facts set forth in the foregoing Answer are true and correct. This verification is made subject to penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KEE MEDICAL SERVICES, INC. By \L C? Dated: -7_o-°s' VERIFICATION The undersigned says that the facts set forth in the foregoing answer are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. By thleen E. Ellis Dated: 71l (?? CERTIFICATE OF SERVICE AND NOW, this /hday of July, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWA DNER By: , Eliza L. gler h) V7 c-? YI f. _ U"? ? _ ? _`J iY p- C.'1 '. C? (_i =_ (._' ? y, ... .. '.? L' -` STEPHANIE ELAINE MORGAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 04-6261 CHAD WILLIAM MORGAN, : Civil Action - Law Defendant : In Divorce WITHDRAW OF APPEARANCE Kindly withdraw my appearance on behalf of the Defendant, Chad W. Morgan, in the above-captioned matter. Respectfully Submitted, Kara Haggerty, Es 1 e 36 South Hanover r et Dated: 0?11q k5 Carlisle, PA 17013 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Defendant, Chad W. Morgan, in the above-captioned matter. Respectfully Submitted, SAIDIS RUFF, FLOWER PA LINDSAY TMMYSMT•LAW 6 W. High Street Carlisle. PA J Maryl Matas, Esquire Saidi , huff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 (717) 243-6222 (717) 243-6486 - facsimile Dated: ?f 2166 Counsel for Defendant CERTIFICATE OF SERVICE I hereby certify that on this 6 h day of September, 2005, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 Paul Scull, Esquire 151 North Broadway Pennsville, NJ 08070 anne M. Bartley Paralegal to Marylou Matas, Esquire SAIDIS HUFF, FLOWER At LINDSAY ATrMNEV3•AT4.AW 26 W. High Street Carlisle, PA N ? n _, r size _ c u ti ? n ` 7s 2n ` :< CIO 717-737-3407 SAIDIS SHUFF FLOWER r 440 P07 JqN r3 "47 ?: The Law O?flcee of Paul H. Scull, Jr. By: Paul H, Scull, Jr., Esq- 151 North Broadway Penneville, New Jersey 08070 Attorney far Plaintiff Telephone No. (858) 678-0700 COURT OF COMMON PLEAS CHAD W. MORGAN CUMBERLAND COUNTY, PENNSYLVANIA FAMILY nIVISION Hiaintlff, vs. STEPHANIE MORGAN Defendant o4-&A(P1 NO-04-BWCivil Term AMUNDED ACKNOWLEDGMENT OF SERVICE To: Paul H. Scull, Jr., Esquire service of the annexed Complaint in Divorce is hereby acknowledged this 12`" day of January, 2005. ?`Vv?vvv Kara Hagge y, sq Attorney for Defend, C7 v Q ;.: -Ti rri MATRIMONIAL SETTLEMENT AGREEMENT This is an Agreement, made this!51-? day o 2007 between Stephanie E. Morgan of 7 Lakeside Drive, Township of Logan, County of Gloucester, State of New Jersey (hereinafter referred to as "Wife") and Chad W. Morgan, of the County of Cumberland, Commonwealth of Pennsylvania (hereinafter referred to as "Husband"). WHEREAS, the parties were married on May 29, 1999 in Carney's Point Township, New Jersey in a religious ceremony; and WHEREAS, there is one child born of the marriage, Cameron William Morgan, date of birth, January 23, 2004; and WHERAS, the parties wi-'h to make arrangements in connection with their living separate and apart, including the settlement of their property rights; the support and maintenance of Husband and Wife; and all other rights and obligations growing out of the marriage relationship; IT IS, THEREFORE, for the consideration of the mutual promises, covenants, and agreements herein contained, AGREED by and between Husband and Wife as follows: ARTICLE I AGREEMENT TO LIVE SEPARATE AND APART 1.1 It shall be lawful for each of the parties at all times to continue to live separate and apart from the other and to conduct, carry on and engage in any employment, business or trade which either may deem fit, free from any control, restraint or interference, directly or indirectly, by the other in all respects as if the parties were sole and unmarried. Page 1 of 16 ARTICLE H SUPPORT AND MAINTENANCE OF HUSBAND AND WIFE WAIVER OF ALIMONY AND SPOUSAL SUPPORT. 2.1 Wife, for her part, hereby forever releases, remises, discharges and agrees to waive any right title or interest she may have in receiving any alimony pendente lite, alimony, or spousal support whatsoever from husband. Similarly husband forever waives any and all right, title, interest and completely remises and discharges any obligation of the wife to pay alimony pendente lite, alimony, or spousal support to him, for the reasons stated below. Both parties agree that they will, on their own, be able to maintain the same standard of living that they both enjoyed during the course of the marriage without the need for spousal support of any kind. Wife filed a Complaint for Spousal Support through the Cumberland County, Pennsylvania Domestic Relations Section. Upon execution of this Agreement, Wife also shall sign whatever documents necessary to withdraw and terminate that action at Domestic Relations and shall request no further spousal support, alimony pendent elite, or alimony whatsoever. ARTICLE III LIFE INSURANCE, MEDICAL INSURANCE, PAYMENT OF NON-REIMBURSED MEDICAL EXPENSES 3.1 The Husband shall maintain life insurance in the minimum amount of $250,000.00 with the child named as irrevocable beneficiary and the paternal grandmother as Trustee. The Husband shall provide proof of such coverage within 30 days of the execution of this Agreement, and no less than annually thereafter. Page 2 of 16 The Wife shall maintain a life insurance policy in the minimum amount of $250,000.00 which she shall maintain naming the child as irrevocable beneficiary and maternal grandmother as Trustee. The Wife shall provide proof of this coverage within 30 days of the execution of this Agreement, and no less than annually thereafter. The Husband and Wife shall not hypothecate, borrow against, or encumber the life insurance policies required by this paragraph or do any act or allow any act to be done that detracts from the death benefits of said policy or from the face value thereof so long as this insurance is required to be maintained. The Husband and Wife shall provide true and accurate information on any application for insurance or any statements submitted to the insurance carrier. The Husband and Wife shall send to the other copies of all applications and/or statements provided to the insurance company with regard to this coverage within ten (10) days of such documents being sent to the insurance carrier. The Husband and Wife shall provide to each other proof of insurance on an annual basis. Additionally, by their signature on this Agreement, each party gives its authorized consent to the other to contact directly the other's insurance company for verification of the existence of the required insurance and beneficiary designation, and authorizes the insurance company to provide that party with the information necessary to corroborate the satisfaction of the provisions of this Agreement. In the event that either party fails to maintain the life insurance coverage required by this Agreement, any amounts that the child would have received had the required coverage been maintained shall be paid out of that party's estate. Page 3 of 16 By entering into this Agreement and for consenting hereto, the parties, as Grantors, create a trust for the benefit of their child with the life insurance proceeds as described in this paragraph naming a third party as Trustee. If the child of the parties becomes entitled to a share of the life insurance proceeds placed in trust for the child such share shall be held by the Trustee, in trust, for the following uses and purposes: To manage, invest and reinvest the same, to collect the income and to apply the net income and principal for such minor's care, support, maintenance, education and general welfare, to such extent and at such time or times and in such manner as the Trustee, in his or her sole and absolute discretion, deems advisable, until such minor reaches the age of twenty- one (21) years, and thereupon to transfer, convey and pay over the principal of the trust, as it is then constituted, to such minor. Any such application may be made without bond, without intervention of any guardian, without order of court, without regard to the duty of any person to support such minor, and without regard to any other funds, which may be available for the purpose. Any net income not so applied shall be accumulated and added to the principal of the trust at least annually and thereafter shall be held, administered, and disposed of as a part thereof. 3.2 The Husband and Wife shall each be responsible for all of his or her own medical insurance, unreimbursed medical, dental or any other health related costs. 3.3 Wife currently has a Restraining Order in New Jersey against Husband, restricting Husband from having any contact with Wife. Therefore, Wife agrees to modify the Restraining Order so as to allow each party to contact the other if while in his or her custody, the child suffers serious illness or requires emergency medical or dental treatment or hospitalization. Wife shall file all necessary documents to modify the New Page 4 of t6 Jersey Restraining Order in accordance with the terms of this paragraph within thirty (30) days of execution of this Agreement. Until Wife makes such modifications to the Order, the parties shall abide the Order's terms as they may be in effect. ARTICLE IV EQUITABLE DISTRIBUTION OF PROPERTY AND LIABILITIES 4.1 MARITAL ESCROW ACCOUNT Currently there exists a marital escrow account being held in trust consisting of funds representing the equity due the parties from the sale of the marital residence. Wife shall receive the sum of $37,500.00 from this account as and for her equitable interest in the former marital home. Said sum shall be made payable directly to Wife and delivered to her counsel within fifteen days from the date this agreement is executed. Husband shall receive the remainder of the funds of this account, which totals approximately $19,000, as and for his equitable interest in the former marital home. Said sum shall be transferred to him concurrently with the payment to the Wife of any sums required hereunder. 4.2 AUTOMOBILES The parties shall retain any and all vehicles presently in their possession. The Husband shall be responsible for all costs associated with his vehicle including but not limited to payments, repairs, maintenance and auto insurance. Similarly the Wife shall be responsible for all costs associated with her vehicle, including but not limited to, loan payments, repairs, maintenance and auto insurance. 4.3 BANK ACCOUNTS The parties have closed all joint bank accounts and have divided the monies to Page 5 of 16 their mutual satisfaction. Each party shall retain all funds contained in their bank accounts in his/her own name without credit to the other. 4.4 PENSIONS AND RETIREMENT ASSETTS Both parties have 401 K accounts by virtue of their past and present employment. The Wife has a 401 K account as a result of her employment with Advantica. The Wife shall retain this 401 K account as her sole and exclusive property, and the Husband hereby waives any interest he may have in the 401K account of the Wife. (A) The Husband has a pension as a result of his employment with Tyco Electronics, which was acquired during the marriage. The Wife shall waive any right title and interest she may have in and to the Husband's pension. The Husband shall retain sole ownership of this asset. (B) The Husband also has a 401K Plan as part of his benefit package from Tyco Electronics, which was acquired during the marriage. The parties agree that Wife shall receive $25,000.00 from the 401 K account of husband by way of rollover. The parties have agreed that said $25,000.00 sum shall be liquidated immediately, and Wife's portion shall be immediately paid to her. This rollover shall be effectuated by way of a Qualified Domestic Relations Order. Counsel for Husband shall immediately prepare this order and submit this order to the plan administrator for pre-approval within fifteen days from the date this agreement is signed. Both parties shall cooperate with the signing of all documents necessary to implement the terms of this sub paragraph, which includes all documents necessary to effectuate the terms of the Qualified Domestic Relations Order. Until such time as the Plan Administrator accepts and implements the 401K Page 6 of 16 liquidation, the Husband shall continue to maintain the Wife as the beneficiary thereon, and any amounts that the Wife would have received had the required beneficiary designation been maintained shall be paid to the Wife by Husband's estate, heirs, assigns, or benefited third parties. It is the intention of the parties that this Settlement Agreement will be binding on the Husband's and Wife's estate, heirs, assigns or benefited third parties. Should either party take any action at variance with the terms of this provision or to the detriment of the other, then the Husband or the Wife, or their respective estates shall be required to make sufficient payments directly to the aggrieved party to the extent necessary to neutralize the effect of their actions or inactions and to the extent of the other parties full entitlements hereunder. In addition, all legal fees and expenses incurred by either party to enforce this provision are to be paid by the opposing party's, his heirs, assigns, estate or benefited third parties. 4.5 FURNITURE & PERSONALTY The parties have previously divided the household items and marital furnishings by mutual agreement, and each shall keep the furniture and personalty in their possessions free and clear of any interest of the other. By reference, the term personalty includes the family dogs, which are presently in the possession of the Wife and shall remain in her possession. 4.6 DEBTS The parties have no joint debts. From the date of the signing of the within Agreement, the parties shall each be responsible for any and all debts or obligations they may accrue individually. Each party shall and does hold the other party free, harmless, Page 7 of 16 and indemnified for any and all such obligations, now and in the future. The parties represent that they have not caused or incurred any debts that may bind the other party, and that in the event any such debts were incurred, they shall indemnify and hold the other party harmless for said debts. 4.7 MOTOR HOME The parties own as tenants by the entireties a 1994 JAYCO Motor Home. The parties agree that this asset shall be retained by the Husband and shall remain his sole and exclusive property and that the wife shall waive, remise, and forever discharge any interest she may have in said Motor Home. For her part wife shall sign any documents necessary to transfer title to the Motor Home to the Husband and to provide him with any keys to the Motor Home presently in her possession within fifteen (15) days of the execution of this agreement. ARTICLE V MISCELLANEOUS PROVISIONS 5.1 INDEPENDENT COUNSEL: The parties acknowledge that the provisions of this Agreement are, by them, deemed to be fair and adequate and satisfactory as to each of them. They both acknowledge that they have had an opportunity for INDEPENDENT representation by counsel of their own selection and choice with respect to all aspects of this agreement. They acknowledge that the other party has in no sense participated in the selection of their individual counsel. The Wife has been represented by Paul H. Scull, Jr. Esquire of The Law Offices of Paul H. Scull, Jr., Pennsville, New Jersey, the Husband has been represented by Marylou Matas, Esquire of the Law firm of Saidis, Flower and Lindsay, Carlisle, Pennsylvania. Page 8 of 16 5.2 DOCUMENTS: Husband and Wife hereby agree to execute any and all other papers or instruments in writing if and when such execution shall be necessary, in order to effectuate the express conditions of this Agreement. 5.3 MODIFICATION OR WAIVER: This Agreement, containing the entire understanding of the parties, shall be binding on the parties, their heirs, executors, administrators, and assigns. It is the whole and only Agreement between Husband and Wife and shall not be modified or varied by oral understandings. 5.4 SITUS: This agreement is entered into in the Commonwealth of Pennsylvania and shall be construed and interpreted under and in accordance with the laws of the Commonwealth of Pennsylvania. 5.5 PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. Wife currently has a final Restraining Order against Husband in the State of New Jersey. Such Order shall be modified, pursuant to paragraph 3.3 of this Agreement, and may be modified further in the future as the Court may permit or the parties may agree. Any modification of that Restraining Order, in part or in whole, shall not subject any other term or paragraph of this Agreement, in part or whole, to modification in any way. Page 9 of 16 5.6 STRICT PERFORMANCE: Failure on the part of either party to insist upon performance of any of the provisions of this Agreement shall in no way constitute a waiver of any subsequent default of the same or similar nature. 5.7 NO BAR TO DIVORCE; NO MERGER: Nothing in this Agreement shall be construed as relinquishment by either party of the right to prosecute or defend any suit for divorce in any court of proper jurisdiction. It is further specifically understood and agreed that the provisions of the Agreement relating to the equitable distribution of property of the parties are accepted by the party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgement, order of further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it is being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgement, or order of divorce or separation. 5.8 INCORPORATION WITHIN DECREE: It is specifically agreed, however, that a copy of this Agreement may be marked into evidence at the time of a final divorce hearing and may be incorporated, by reference into a divorce decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such decree. Page 10 of 16 5.9. COUNSEL FEES: Each party shall be responsible for the payment of their own counsel fees in connection with the negotiation and preparation of the within Agreement and all fees in connection with the ensuing divorce litigation. 5.10 WAIVER OF CLAIMS: Except as expressly set forth in this Agreement, or as may arise out of the making of this Agreement, each of the parties hereby releases the other of and from any and all claims, demands for damages of any and every nature which either of the parties ever had, now has, or may hereafter have against the other, arising out of or in connection with any matter or thing whatsoever up to the date of this Agreement. 5.11 NON-COLLUSION: The parties agree that there have been no collusive agreements made by either party of them orally or in writing, nor have any representation by one party been made to the other regarding divorce to be secured in this or any other jurisdiction, and this Agreement has not been made for the purpose of encouraging any uncontested litigation now pending or which may be undertaken in any matrimonial action of any kind between the parties and submitted for the court's approval. 5.12 HEADINGS FOR REFERENCE ONLY: The headings preceding the text of the several sections of this Agreement are inserted for convenience and shall not affect the meaning, construction, scope, or effect to this Agreement. 5.13 PARTIAL INVALIDITY: If any of the provisions of this Agreement are held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 5.14 WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made full disclosure of all income and assets prior to the execution of this Page 11 of 16 Agreement. Although said disclosure did not take a formal form, the parties acknowledge that reference has been made within this Agreement to all assets that were acquired during the marriage. The parties further acknowledge that prior to execution of this Agreement they were advised of their rights to pursue discovery including but not limited to, interrogatories, depositions, hiring of experts, including accountants, and appraisers, as well as the right to pursue other discovery techniques as they might otherwise have to pursue discovery with regard to the income and assets of the other party. The parties further acknowledge that by entering into this Agreement they are satisfied with the disclosures which have been made and are further satisfied that this Agreement is a fair, reasonable, and equitable resolution of all issues dividing the parties. 5.15 BANKRUPTCY: In the event of the declaration of bankruptcy by either party, then, in that event, each shall continue to remain personally liable to the other for any and all expenses incurred by the other person either in connection with the defense of any suit instituted by creditor or in connection with the payment of any monies to such creditor. It is the intention of the parties that any bankruptcy filed should be effective as against the creditor but shall not be intended to act to the financial detriment of the other spouse. The parties further agree that in the event a financial detriment to the other spouse is encountered as a result of the bankruptcy laws, then, in that event, any provisions regarding equitable distribution and/or alimony shall be modified so as to compensate the aggrieved party for the financial loss. Either party shall give notice to the other of the filing of any bankruptcy within five (5) days of filing the same. Page 12 of 16 5.16 WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of their property and each party waives and relinquishes any and all rights either may now have or hereafter acquire under the present or future laws of any jurisdiction to share in property or the estate of the other as a result of the marital relationship including but not limited to dower, curtesy, statutory allowance, widow's allowance, homestead rights, right to take intestacy, right to take against the will of the other, and the right to act as administrator of the others estate, and each party will, at the request of the other, execute, acknowledge and deliver any and all instruments that may be necessary or advisable to carry into effect the mutual waiver and relinquishment of all interest, claim and right. 5.17 CAPITAL GAINS TAX: The parties acknowledge that Section 1041 of the Internal Revenue Code of 1986, as Amended, applies to all property transferred between the spouses, or former spouses, incident to a divorce, and, as a result thereof, there is no taxable event based upon the transfer of property under this Agreement. The parties further acknowledge that the basis for this property will be the basis set by the Internal Revenue Code. This is so regardless of whether the basis of the property is less than, equal to, or greater than its fair market value at the time of the transfer. The parties further acknowledge that, upon the sale of any property set forth herein, the receiving party shall be obligated to pay any and all taxes that may be due on the gain of that property and agrees to provide the other party with any requested information necessary to complete a tax return upon sale, including such information that may be necessary to calculate the adjusted basis, assuming that said property has this information. Page 13 of 16 5.18 INCOME TAX RETURNS: The parties represent that they have paid all income taxes, Federal and State, on all joint returns heretofore filed by them and that no interest or penalties are due and owing with respect thereto; that no tax deficiency proceeding is pending or threatened thereto; and that no audit thereof is pending. If there is a deficiency assessment in connection with any of the aforesaid returns (heretofore or hereafter filed), the party who is notified of such deficiency shall notify the other immediately in writing. The parties shall, however, be responsible for any amount ultimately determined to be due in proportion to their incomes, including but not limited to, all defense costs, together with interest and penalties. 5.19 RECONCILIATION: If the parties, after the effective date of this Agreement, cohabit regularly, sporadically or temporarily, or if they reconcile, this Agreement, nevertheless, shall continue in full force in effect until modified or terminated by an agreement in writing to such effect signed and notarized by each of the parties hereto. Neither party has represented to the other, prior to the execution of this Agreement, that there is any prospect of reconciliation and no promises or inducements have been offered by one party to the other in this regard. 5.20 FAILURE TO ABIDE BY TERMS OF THIS AGREEMENT: Should either the Husband or Wife willfully fail to abide by the terms of this Agreement, the defaulting party will indemnify the other for all reasonable expenses and costs including attorney's fees incurred in successfully enforcing this Agreement. This provision is intended to be enforced as a freely bargained for contractual agreement, and a counsel fees claim for reimbursement pursuant to this provision is not intended to and shall not be subject to the Court's discretion. Page 14 of 16 5.21 EFFECTIVE DATE: This Agreement shall become effective upon the date that the last party executes this Agreement. In the event any portion of this Agreement expressly provides for a specific effective date, that portion of the Agreement shall govern as to the effective date of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first set forth above. Carey ? ?rtN at, Wes W" E. MORGAN (/t4j 21v, CHAD W. MORGAN Page 15 of 16 STATE OF NEW JERSEY : : SS. COUNTY OF SALEM I certify that on this Zo_ day of 2007, Stephanie E. Morgan, personally came before me and acknowledged under oath, to my satisfaction, that she l F •, the person named in and who personally signed the attached document and that shek 0'•.''r? _ e _ ? w signed, sealed and delivered this document as her act and deed. % SUSAN H. SE1TlE * ••......• • N? OTARY PUSUC OF NEW JERSEY ommisen Expires 1102010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. I certify that on this day of , 2007, Chad W. Morgan, personally came before me and acknowledged under oath, to my satisfaction, that he is the person named in and who personally signed the attached document and that he signed, sealed and delivered this document as his act and deed. NOTARIAL SEAS. MERLENE J. MARHEVKA, NOTARY PUBLIC CARLISLE, CUMBERLAND COUNTY, PA MY COMMISSION EXPIRES JUNE 8, 2010 Page 16 of 16 r .' rte? srf ? r -r STEPHANIE ELAINE MORGAN, Plaintiff V. CHAD WILLIAM MORGAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6261 Civil Action - Law In Divorce DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed December 14, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. 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,/ k Chad William Morgan DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAIDIS, FWWM & IWDSM 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. 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: G Chad William Morgan C? ?? ?;? w.... ??? f;? ...J ?'('? C ..? ? ,.:., "'C7 r w ?? \./ ? .....,? \ 4 ?? ?... Ate' ? ??.ti wSraw ? C ? ? : ? - G STEPHANIE ELAINE MORGAN, Plaintiff V. CHAD WILLIAM MORGAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6261 Civil Action - Law In Divorce PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed December 14, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. 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: ). 50 . D-7 It Stephanie Elaine Morgan PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER& 3301 (c) OF THE DIVORCE CODE i . I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 to the best of my knowledge, information and belief. 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: ? • '30 C) 7 ?n anie Elaine Morgan U ?? ? ? ?? - ? ? ? ,? „?,r, ? i 1 ?,?. r CT+ ?,?? _- ?.' ?. Z ?' ?'' {!? "'? STEPHANIE ELAINE MORGAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 04-6261 CHAD WILLIAM MORGAN, : Civil Action - Law Defendant : In Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on January 12, 2005 via Amended Acceptance of Service signed by counsel for Defendant. Proof of service was filed with the Court on January 24, 2007. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: February 5, 2007 By Defendant: February 5, 2007 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated February 5, 2007 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: February 5, 2007 By Defendant: February 5, 2007 SAIDIS, FWNVER UgDS" 26 West High Street Carlisle, PA Dated: -2-/ Ci / 0 -?-- MarX atas, Etquire 26 We igh Street Carlisle, PA 17013 r t ; -TI F CrN i V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OFy PENNA. F w STEPHANIE ELAINE MORGAN No. 04-6261 VERSUS CHAD WILLIAM MORGAN DECREE IN DIVORCE AND NOW, 3 ?(OV?, IT IS ORDERED AND STEPHANIE ELAINE MORGAN DECREED THAT CHAD WILLIAM MORGAN AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; The terms of the Separation and Property Settlement Agreement dated February 5, 2007 are incorporated, but not merged, into in Divorce. PROTHONOTARY -? `°"? EPHANIE ELAINE MORGAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 04-6261 HAD WILLIAM MORGAN, : Civil Action - Law Defendant :In Divorce QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order pursuant to the equitable division of martial property as efined under the Pennsylvania Domestic Relations Code of 1980, as amended; and WHERES Petitioner, Respondent and the Court intend that this Order shall be a lified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in 206(d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"); WHEREAS Petitioner and Respondent have stipulated that the Court enter this NOW, THEREFORE, IT IS HEREBY ORDERED AND DIRECTED BY THE RT as follows: As used in this Order, the following terms apply: a. "Participant" shall mean Chad W. Morgan, whose current address is 902 Court, Mechanicsburg, PA 17050, and whose Social Security Number is *** **- *** (deleted on original) and whose date of birth is March 1, 1974. SAIDIS, b. "Alternate Payee" shall mean Stephanie E. Morgan, whose current address is 7 Lakeside Drive, Swedesboro, New Jersey, and whose Social Security LmDSAY & 26 West High Street Number is ***-**-**** (deleted on original) and whose date of birth is June 12, 1974. Carlisle, PA C. Plan shall mean Tyco International (US) Inc. Retirement Savings and Investment Plan. d. Plan Administrator shall mean Tyco International (US) Inc. e. Valuation Date shall mean February 13, 2007. The Alternate Payee is the former spouse of the Participant. Participant and Alternate Payee were married on May 29, 1999, and divorced on ry 13, 2007. With respect to marital property, alimony or spousal support awards, the rticipant and Alternate Payee were considered married for federal income tax urposes. The Alternate Payee's interest in the Plan shall be $25,000 as of the Valuation The Alternate Payee's interest in the Plan shall be payable to the Alternate ayee in a lump sum as soon as administratively feasible following the date that the rder is determined to be a QDRO. The Alternate Payee shall initiate the distribution in ance with the terms of the Plan and the administrative procedures that have established by the Plan Administrator. The amount distributed to the Alternate SAMIS, FLOWER & LEVDSAY 26 West High Street Carlisle, PA ayee will be the value of the Alternate Payee's account on the date the distribution is All beneficiary designations will be made after qualification of the Order and ?gation of a separate account for the Alternate Payee pursuant to the nistrative procedures established for the Plan. The Alternate Payee's award is not entitled to earnings (dividends, interest, gain nd losses) from the Valuation Date to the date that the award is segregated from the ticipant's account(s). In the event that there is an outstanding loan balance as of the Valuation Date, loan balance will not be included for purposes of calculating the account balance to divided. The Alternate Payee's award will be paid from the non-loan assets in the articipant's account(s) on the date that the award is segregated from the Participant's ccount(s). 0. The Parties shall cause an original court certified or true copy of this Order to be on the Plan Administrator's agent, Fidelity Employer Services Company LLC, . This Order shall remain in effect until further order of this Court. 1. The one time determination fee for review of the Order will be allocated 50% the Participant's account and 50% from the Alternate Payee's account. The fee rill be taken from the investment options in the applicable account(s) according to the Ian level fee method in effect as of the date the fee is deducted. 2. Nothing contained in the Order shall be construed to require any Plan or Plan ?dministrator: a. to provide to the Alternate Payee any type or form of benefit or option not vise available to the Participant under the Plan; b. to provide the Alternate Payee increased benefits (determined on the of actuarial value) not available to the Participant; or c. to pay any benefits to the Alternate Payee that are required to be paid to Alternate Payee under another Order, which h? determined to be a RO, before this Order is determined to be T 13167 J. SAIDIS, Attorney for Participant: Parti ' nt: LINDSAY ,vuw 26 West High Street's Chad W. Morgan Carlisle, PA Attorney for Alternate Payee: Alternate Payee: ?, p anie E. Morgan ?? '`?'' ??, f'. `.. ,, , ti , ~?;.% ? . ' ii'i ,; 1?: ;l /^» ` lt s t \^ ? ",fit 1•.3 W 1 i \ 31 ? , ??? ?V l .9 1. r^.+ ?. Li J? ??1U`` ?"?'sr????.??? h?"?,.? '?v