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HomeMy WebLinkAbout05-1446JEFFREY L. MORRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW No. dS -1 y4 ~ CIVIL TERM NAN-ELIZABETH MORRISON, Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Cazlisle, Pennsyh-ania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Beford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or heazing. JEFFREY L. MORRISON, Plaintiff v. NAN-ELIZABETH MORRISON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No.C>5- 144b CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 33011c) and 3301ld1 OF TAE DIVORCE CODE AND EQUITABLE DISTRIBUTION AND NOW, comes the Plaintiff, Jeffrey L. Morrison, by and through his attorneys, Irwin & McKnight, and files this Complaint in Divorce against the Defendant, Nan-Elizabeth Morrison, representing as follows: 1. The Plaintiff is Jeffrey L. Morrison, an adult individual residing at 1 Clifton Terrace, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Nan-Elizabeth Morrison, an adult individual currently residing at 17 Hickortytown Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. The Plaintiff has been a resident of the Cotrunonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 5. The Plaintiff and the Defendant were married on June 4, 1988, in Carlisle, Pennsylvania. 6. The Plaintiff and the Defendant have lived separate and apart since approximately March 2001. 7. There have been no prior actions of divorce or for annulment between the parties. 8. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 9. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. COUNT II - EQUITABLE DISTRIBUTION 10. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 11. Defendant requests 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 factors. WHEREFORE, Defendant respectfully requests the Court to enter an Order equitably distributing the parties' marital property pursuant to Section 3502(d) of the Divorce Cods and for such further relief as the Court may deem equitable andjust. Respectfully submitted, IRWIN & McKNIGHT Dated:`3'~~ ' ~S By: ~ l~~l~X.(~(~ Dougla .Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. JEFFREY L. MORRISON Date: __~ ~ f ~,,~~C ' j ~ ~ ~-, ~- ~a. =~ ~ _~ ~~; ~- y ~- ~ c ~ `~ ~- ~ ` ~ i s} ~' ~ ~ -~ a , ~_ ~ ~,, ~ r --- ~ ~ ~ ~- JEFFREY L. MORRISON, : IN THE COURT OF COMMON PL AS OF Plaintiff :CUMBERLAND COUNTY, PENNS LVANIA v. :CIVIL ACTION -LAW No. OS-1446 CIVIL TERM NAN-ELIZABETH MORRISON, Defendant IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND . NOW, Douglas Miller, Esquire, being duly sworn according to law, does depos and state: That he is a competent adult and attorney for the Plaintiff in the caption~d action. 2, That a certified copy of the Complaint was served upon. the def ndant, Nan- Elizabeth Morrison, on March 28, 2005, by certified mail, return recei t requested, addressed to Nan-Elizabeth Morrison, at her address at 17 Hicko own Road, Carlisle, PA 17013, with return receipt number 7003 3110 0004 5770 23. 3. That the said receipt for certified mail is signed and attached hereto an made a part hereof. I verify that the statements made in this affidavit are true and correct. I underst d that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relatin to unsworn falsification to authorities. IRWIN & McI{NIGHT Date: March 30, 2005 By:, Douglas ~i. Miller, Esquire Supreme Court Id # 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney For Plaintiff Jeffrey Morrison P 1 ^ Complete.Reme 1.2, and 8. Abo cwnpbte A tNm 4 ff Fastricted Delivery is desired. X ^ Prk~t your name and address on the roverae so that we can return the card to you. 6. • Attach this card to the beck of the mellpbce, or on the front n space pennite. 1. Ankle Addressed lo: tan-Elisabeth lbrrison 17 Hickorytorn toad Carlisle, PA 17013 d O No Feel I ~ Vas s. ~~~'~` 7003 3110 01724 5772 6923 (~.rarn~..~rerre.l . PS Pam 3811, Febnwy SOW oataeeds Rern 1Moelq •a m ~ ~ .o M1 ~ PestegB $ 1 ° ° Realm ResieDt Fee (frMOraeerent Required) 1 ,. ~ ~~ Mere T Total Postage 8 Fees ,~' t l, 1y J frl Sent To ° Nan-Elizabeth Morrison tti Street, Aor: Nd.; 9[2°..4119'°karytnwn.Road---.--_- ay, ware, nwa D. Mtleewty m canned peen ~ ~ Q `ro ~mne u. dune caul See Reverse to, Instructions G i'ce' :.l is JEFFREY L. MORRISON, Plaintiff v. NAN-ELIZABETH MORRISON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. OS-1446 CIVIL TERM IN CUSTODY COMPLAINT IN CUSTODY AND NOW, comes the Plaintiff, Jeffrey L. Morrison, by and through his attorneys, Irwin & McKnight, and files this Complaint in Custody against the Defendant, Nan-Elizabeth Morrison, representing as follows: 1. Plaintiff is Jeffrey L. Morrison, an adult individual residing at 1 Clifton Terrace, Cazlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Father"). 2. Defendant is Nan-Elizabeth Morrison, an adult individual residing at 17 Hickorytown Road, Carlisle, Cumberland County, Pennsylvania 17013, (hereinafer "Mother") 3. The parties are the natural parents of one (1) child, named Jessica Ann-Mazie Morrison, born March 13, 2000, age 5 yeazs. ~ 4. From birth until approximately January 1Q 2005, the minor child resided with ',both of the parties at the marital residence located at 17 Hickorytown Road, Carlisle. 5. The minor child continues to reside at the marital residence with Mother and other individuals not specifically known to Father. 6. On or about January 10, 2005, Mother filed a Petition for Protection from Abuse her own behalf, and Father was subsequently excluded from the marital residence. 7. On or about February 16, 2005, the parties agreed to an Order of Court in which did not admit to any of the allegations by Mother, but in pertinent part agreed that Mother have primary physical custody of their daughter. A true and correct copy of said Order of is attached hereto and incorporated herein as Exhibit "A." 8. The agreed upon Order also provides that Father was to have periods of partial custody as agreed upon by the parties and daily telephone contact with his daughter. 9. Despite the existing Order, Mother has refused to allow any periods of custody with Father, and regularly denies telephone contact by Father with his daughter. 10. Father desires joint legal custody and specified periods of partial physical custody with the minor child, particularly when Mother is working and not available. 11. The best interests and permanent welfare of the minor child requires that the Court grant the Father's request as set forth above. 12. Other than as identified herein, Father has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 13. Father does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. WHEREFORE, the Plaintiff, Jeffrey L. Morrison, respectfully requests that he be awarded joint legal custody and specified periods of partial physical custody of Jessica Ann- Marie Morrison, as provided herein. Respectfully submitted, IRWIN & McKNIGHT By: ' Douglas '. Miller, +squire Supreme Court I. D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 Attorney for Plaintiff May 6, 2005 2 « ~~ EXgIBIT A 1 Nan-Elizabeth Hamilton Morrison, Plaintiff IN THE COURT OF COMMON :PLEASOF CUMBERLAND COUNTY, :PENNSYLVANIA v. 3effrey L. Morrison, Defendant No. OS-199 ' CIVIL, ACTION -LAW PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Jeffrey Lee Morrison Defendant's Date of Birth: March 1, 1959 Defendant's Social Security Number: 202-52-6564 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Dates of Birth 1. Nan-Elizabeth Hamilton Morrison April 6, 1965 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X] parent of a common child with Defendant [ ] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling {person who shares biological parenthood) of Defendant [ ] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of khe time, date and Location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel • Plaintiff appeared personally and is represented by: Grace E. D'Alo, Esquire • Defendant appeared personally and is represented by: Douglas G. Miller, Esquire AND NOW, this 16th Aay of February, 2005 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition, the following order will be entered: Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 17 Hickorytown Road Carlisle, PA 17013 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Custody of the following minor children: 1. Jessica Ann-Maire Morriso^ shall be as follows: Primary physical custody of the minor childlren is awarded to the Plaintiff. 6. Defendant shall immediately turn over to the Sheriffs Office, or to a Iota] law enforcement agency for delivery to the Sheriffs Office, any firearms license the Defendant may possess, and the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and,'or the minor children. 1. Two Handguns ~• Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this Order. Any weapons and/or firearms license delivered to the sheriff pursuant to this order or the Temporary Order shall not be returned until further order of the court. 8. The following additional relief is granted as authorized by §6108 of the Act: -Plaintiff agrees to return items of Defendant's personal property according to the terms negotiated by and through the parties' attorneys. -Plaintiff shall have primary physical custody of the parties' minor child and Defendant shall have periods of partial custody at times agreeable to the to the parties. - Defendant is prohibited from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation. with the minor child/ren. -Defendant shall not damage, destroy, or sell any property owned jointly by the parties' or solely by the Plaintiff. (~~e,~Gz,n-k S~~G~1\ '~L~.`e_ ~~eyOho~A.. Cc~!~~c.C~ t-<` ~T~\ ~ r,~s c~r1~nC.^v~ chi 1~. ~S~~c~cc.;~tcc~- i~~`~ b~a~'v~0~ RoC,~t~c;~\'~.~ ~~Jv-eve z °(~ c~r~ ~'. cam. n'1 b:~ Sh~l \ ror ~ i, ;~ ~ 1-e~ ~z= ~rrc~t' -t-,nom, 9. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Middlesex Township Police Department 10. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 11. All provisions of this order shall expire on: February 16, 2006 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMIi lAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIi~1ES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261- 2262. IF YOU POSSESS A FIREARNL OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PEiVhiSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMi'~IUNITION. 18 U.S.C. §922(8)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant maybe located, shall enforce this order. An arrest for violation of Paragraphs 1 through 7 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §61 ] 3. Subsequent to arrest, the police officer shalt seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Sheriff of Cumberland County shall maintain possession of the weapons until filrther order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. ~/`os Date Entered pursuant to the consent of Plaintiff and Defendant: ~ ,: Nan Elizabeth Momson, Date J ref y Lee Momson, Date Plaintiff Defendant J v ` , C;,~:;~ ~. ~`!~L, Douglas Miller, Attorney for Plaintiff Attorney for Defendant MidPenn Legal Services 60 West Pomfret Street 8 Irvine Row Carlisle PA 17013 Carlisle PA 17013 Distribution to: Jessica C. Diamondstone, Attomey for Plaintiff Douglas G. Miller, Attorney for Defendant Faxed and Mailed to PSP r..i8 ~b.:as _~ CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: BRADLEY A. WINNICK, ESQUIRE THE WILEY GROUP 130 WEST CHURCH STREET SUTTE 100 DILLSBURG, PA 17019 Date: May 6, 2005 IRWIN & McKNIGHT -~~ ~-~~~ Douglas G Miller, sgwre Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 - _, ( U ~~ ~~ _~, __.~ ~~ r \A 'a, :~, ~~ ._, -, ~. =, _,, ,. -, JEFFREY L. MORRISON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' OS-1446 CIVIL ACTION LAW NAN-ELIZABETH MORRISON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May ]1, 2005 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor Cumberland County Courthouse, Carlisle on Tuesday, June 07, 2005 al 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _ /s/ _, ja_ cqueline M. Verney, Esq. y- Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SE~ I FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~.,.~ ~,' "`fin ~ ,'»'"" ~`' "~ ~>rJ ;°/y. ;, .,:, ~:!i ~.; n!.., ., - ' ~ i '' i 4,',,' ! 'y~i1Z t L _~-' ~ .. :: . _.. rj~.i RECEIVED JUN 0 81005- JEFFREY L. MORRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2005-1446 CIVIL TERM CIVIL ACTION -LAW NAN-ELIZABETH MORRISON, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ ~ ` day of ~~ , 2005, upon consideration of the attached Custody Concili tion Report, it is ordered and directed as follows: The custody provisions of the PFA Order dated February 16, 2005 are hereby vacated. 2. The Father, Jeffrey L. Morrison, and the Mother, Nan-Elizabeth Morrison, shall have shared legal custody of Jessica Ann-Marie Morrison, born March 13, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. Mother shall have primary physical custody of the Child. 4. Father shall have periods of partial physical custody of the Child as follows: a. Beginning June 17, 2005 alternating weekends from Friday at 9:00 p.m. to Sunday at 5:00 p.m. Except that the Mother shall have physical custody for the weekend of July 1, 2005 and Father shall have two consecutive weekends, beginning July 8, and July 15, except for the weekend of July 15, Father's custodial period shall end at 5:00 p.m. on Saturday July 16. b. Such other times as the parties agree. 5. Transportation shall be shared such that the parties will exchange custody at the Carlisle Farmer's Market. Mother's nephew Ted shall not participate in the custody exchanges. 6. The parties shall cooperate with a custody evaluation to be performed by Deb Salem. Mother shall be responsible for the costs of a short form evaluation. In the `~ ~C7 ~ ~ 1',~ li ~itU~ t~r1 `6.Liwi Vii' .'' ..f ~+.)ti~ ~f~i.~, ~:J ~;~i~~?~--t`~~il1J event Father wants any additional review by Deb Salem, he shall be responsible for the additional costs. 7. Father shall be entitled to one telephone call per day to the child at 3:00 p.m. Mother shall have the child available for the call unless she notifies Father prior to the call. If Mother intends to be unavailable, she shall have the child call Father at 3:00 p.m. or such other time as arranged by the parties. 8. Father shall have physical custody of the child on Labor Day. 9. Neither party shall partake in illegal drugs or consume alcoholic beverages to the point of intoxication while the child is in their custody. Both parties shall ensure that the child is not exposed to pornographic material while the child is in their custody. 10. Both parties shall ensure that the child attends church on Sunday 11. Neither party shall do anything, nor permit any third party to do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 12. This Order was entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Custody Conciliator for the scheduling of another Conciliation Conference once the custody evaluation is completed. BY THE COURT, cc: Douglas G. Miller, Esquire -Counsel for Bradley L. Winnick, Esquire, Counsel for Mother JEFFREY L. MORRISON, Plaintiff V. NAN-ELIZABETH MORRISON, Defendant PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-1446 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF Jessica Ann-Marie Morrison March 13, 2000 Mother 2. A Conciliation Conference was held in this matter on June 7, 2005. Father, Jeffrey L. Morrison, was present with counsel, Douglas G. Miller, Esquire, and Mother, Nan-Elizabeth Morrison, was present with counsel, Bradley A. Winnick, Esquire. 3. A PFA Order of Court was entered by consent by the Honorable Edward E. Guido at Docket Number OS-199, dated February 16, 2005. Mother was awarded primary physical custody with father having periods of physical custody as agreed and telephone contact. 4. The parties agreed to an Order in the form as attached. ~-7 -o s' Date ~ y~~, ~ acq line M. Verney, Esquire Custody Conciliator _ ____. __ NDV y ~ 2005 I,, :~, JEFFREY L. MORRISON, : IN THE COURT OF COMMI;J1~-~L~F~3~t3~'-~~=' Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2005-1446 CIVIL TERM NAN-ELIZABETH MORRISON, :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 18`h day of November, 2005, the Conciliator being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq line M. Verney, Esquire, C tody Conciliator !/~ , ~~~ ~~ JEFFREY L. MORRISON, Plaintiff v. NAN-ELIZABETH MORRISON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 05-1446 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER JEFFREY L. MORRISON, Plaintiff, moves the court to appoint a master with respect to the following claims: a. Divorce; and b. Equitable distribution of the marital assets. and in support of the motion states: Defendant currently has exclusive possession of the marital residence, but has refused to cooperate in an independent appraisal of the property. Discovery will otherwise be complete as to the claims(s) for which the appointment of a master is requested prior to the scheduling of any conferences. 2. The Defendant, Nan-Elizabeth Morrison, has appeared in this action by her attorney, Bradley A. Winnick, Esquire. 3. The statutory ground for divorce is No-Fault 3301(c) and/or (d). 4. Delete the inapplicable pazagraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: None. c. The action is contested with respect to the following claims: Divorce and equitable distribution of the marital assets. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: None. Date: December ~, 2005 Attorney r Plaintiff ORDER APPOINTING MASTER AND NOW ,Esquire, is appointed Divorce Master with respect to the following claims: By the Court: J. } , i,i . ' r' 1 _~ (_., , ~' '. JEFFREY L, MORRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW No. OS-1446 CIVIL TERM NAN-ELIZABETH MORRISON, Defendant : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this g~day of December, 2005, eomes the Plaintiff/Petitioner, Jeffrey L. Morrison, by and through his attorneys, Irwin & McKnight, and pursuant to Rule 1420.43 makes the following Petition for Special Relief against the DefendantlRespondent, Nan-Elizabeth Morrison, averring as follows: 1. Petitioner is Jeffrey L. Morrison, an adult individual who resides at 1 Clifron Terrace, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Nan-Elizabeth Morrison, an adult individual who currently resides at 17 Hickorytown Road, Cazlisle, Cumberland County, Pennsylvania 17013, the marital residence of the parties. 3. Petitioner and Respondent are husband and wife, having been married on June 4, 1988. 4. On or about Mazch 17, 2005, Petitioner instituted the above-captioned divorce action. 5. On or about July 25, 2005, pursuant to agreement by counsel for the parties, Larry Foote was selected to appraise the mazital residence. A copy of the correspondence sent to Mr. Foote is attached hereto and mazked as Exhibit "A". 6. After repeated requests, Respondent has not contacted Mr. Foote to schedule a time for him to appraise the residence, nor does it appear that she intends to do so. 7. Petitioner has been informed that there may be other individuals now living in the residence and that it is not being maintained by Respondent but may be rapidly falling into disrepair, therefore, affecting the outcome of any appraisal that is done. 8. Petitioner would like to move forwazd with the finalization of this divorce, but is unable to do so without an appraisal of the marital residence. 9. Immediate and irreparable harm is being caused by Respondent's conduct, and Petitioner does not otherwise have an adequate remedy at law. WHEREFORE, the Petitioner, Jeffrey L. Morrison, respectfully requests this Honorable Court to enter an Order compelling Respondent to allow an independent appraisal of the marital residence. Petitioner further requests that Respondent be required to pay for half the cost of the appraisal and the attorney fees and costs incurred by Petitioner in filing this Petition for Special Relief. Respectfully submitted, Date: December ~, 2005 IRWIN & McKNIGHT By: Douglas .Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 717-249-2353 Attorney for Plaintiff/Petitioner, Jeffrey L. Morrison 2 EXHIBIT "A" LAN/ OFFICES IRWIN £~ McKNIGHT ROGER B. IRWl;V :MARCUS A. McKNLGHZ; l1L D06'GL45 G. MILLER :N;11TH6'W d. ,44 K,VIGHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-.?222 (717J 249-2353 FAX (717) 249-6354 WWW.IMHLA~V CCM July 2~, 2005 IVIR. LARRY FOOTE 35 EAST HIGH STREET CARLISLE, PA 17013 a,~ - a~ i HAROLD S. IRW/N l19?J-19771 H,1ROL05. /R 4YIN. lR (/951-(9R6) [ft~V/,V. [RW/N ~41RWIN (195619N6) [RWl.V. [X 4V1N ,~ ,NcK,VICHT (/9N6-1991) [RWIN. ,4fc KN(CHT AHUGHLS (1991-200.31 RE: NIORRI50N v. MORRISON PROPERTY ADDRESS: 17 HICKORYTOWN ROAD, CARLISLE, PA Dear Larry: This letter shall confirm that the above-referenced parties, through their legal counsel, have agreed to use your services in order to appraise the marital residence. Mrs. Morrison is currently in possession of the property and her attorney is Bradley A. Winnick a[ The Wiley Groug. His telephone number is (717) 432-9666. Kindly coordinate with his oftice when N[rs. Morrison can provide you access to the property. The parties have agreed to equally split the cost of the appraisal. If you require any additional information or documentation, please do not hesitate to contact my oftice. Thank you for your assistance in this matter. Very truly yours, IRWIN & N1cKNIGHT ~j 1~,1t~,(~ct J ~~~- ~~~,~k,C~'( <136uglas G! Miller DGMads cc: Jeffrey Morrison Bradley A. Winnick, Esquire CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: BRADLEY A. WINNICK, ESQUIRE THE WILEY GROUP 130 WEST CHURCH STREET SUITE 100 DILLSBURG, PA 17019 Date: December ~, 2005 IRWIN & McKNI(>HT Douglas .Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 JEFFREY L. MORRISON, Plaintiff v. NAN-ELIZABETH MORRISON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. OS-1446 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER JEFFREY L. MORRISON, Plaintiff, moves the court to appoint a master with respect to the following claims: a. Divorce; and b. Equitable distribution of the mazital assets. and in support of the motion states: 1. Defendant currently has exclusive possession of the marital residence, but has refused to cooperate in an independent appraisal of the property. Discovery will otherwise be complete as to the claims(s) for which the appointment of a master is requested prior to the scheduling of any conferences. 2. The Defendant, Nan-Elizabeth Morrison, has appeared in this action by her attorney, Bradley A. Winnick, Esquire. 3. The statutory ground for divorce is No-Fault 3301(c) and/or (d). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: None. c. The action is contested with respect to the following claims: Divorce and equitable distribution of the marital assets. The action does not involve complex issues of law or fact. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: None. Date: December ~, 2005 Attorney r Plaintiff ORDER APPOINTING MASTER AND NOW ~ ~f!kc- lc_e~fi ff' respect to the following claims: '' ~C?~' U'~, ~~ \~; ~3 Esquire, is appointed Divorce Master with J By the Court: i~~~~ -off' ,. ,;' ,: ~~ i`= ~~ G _, _. ~' ~ ~~<< A. 4 DEC ~ 2 1005 i ,,y' JEFFREY L. MORRISON, : IN THE COURT OF COMM~N PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW No. OS-1446 CIVIL TERM NAN-ELIZABETH MORRISON, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /~~ day of ~ 2005, upon consideration of the attached Plaintiff's Petition for Special Relief, a hearing is hereby scheduled for ///~p~ Z1~Q~/GCfQ/1/9 /~ 2006, in Courtroom No. ~, at _ ~ DU o'clock ~ .m., Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. BY THE COURT, ~~ J. ti t\ ~ L,l ~,~ FiL~~-~~~=~i=iCE 2a1~ DEC { 9 ~'Pi 2~ 30 CU~1~t, , ,;.,~ ~~' lii~ i .. ..s JEFFREY L. MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NAN-ELIZABETH MORRISON, CIVIL ACTION - LAW Defendant N0. OS-1496 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 10th day of February, 2006, the parties are directed to proceed in accordance with the agreement of the parties as announced by counsel for the Plaintiff in open court, which agreement is attached hereto. By the Court, Douglas G. Miller, Esquire For the Plaintiff Bradley A. Winnick, Esquire For the Defendant :lfh nwwe.Ku~ ,~ - /S'OC, /~~ ~~ ~- 1 MR. MILLER: I think we've worked out an 2 agreement. I do have a letter from the Defendant's attorney 3 outlining the terms of that agreement and indicating that he 4 is out of town and would not be attending today and also 5 advised his client that on the basis of our agreement that 6 she did not need to attend today either. 7 THE COURT: Okay. g MR. MILLER: The agreement is basically that 9 the Defendant, Nan-Elizabeth Morrison, will cooperate in 10 allowing Mr. Larry Foote to appraise the marital residence, 11 and we anticipate that that is going to happen during the 12 week of February 20th. 13 She has provided Mr. Foote her cell phone number, 14 and once he is paid the appraisal fee, then he'll coordinate 15 with her to go out and appraise the property. She is 16 reserving her right to obtain her own appraisal in the 17 future, b ut in the event that she does not she has agreed to 18 pay half of the appraisal costs to Mr. Foote as well. 19 In the event that Mr. Foote is not able to do the 20 appraisal during the week of February 20th, she's further 21 agreeing to provide all necessary cooperation to enable him 22 to return as soon as possible to appraise the property. 23 THE COURT: Okay. What I thought I would do 24 is just do a one sentence order, and then we can attach a 25 copy of what you just said to the order. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MILLER: That's fine with me. As long as we have that in there because I think we need something definitive. THE COURT: All right. And now, this date, the parties are directed to proceed in accordance with the agreement of the parties as announced by counsel for the Plaintiff in open court, which agreement is attached hereto. MR. MILLER: Thank you, Your Honor. JEFFREY L. MORRISON. Plaintiff, vs. NAN-ELIZABETH MORRISON, Defendant *IN THE COURT OF COMMON PLEAS *CUMBERLAND COUNTY, PENNSYLVANIA * *No. 2005-1446 * *CIVIL ACTION -LAW *IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT PURSUANT TO PA. R. CIV. P. 1920.33(b) AND NOW comes the Defendant, Nan-Elizabeth Morrison, by and through her attorney, Angelica L. Revelant, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Pre-Trial Statement pursuant to Pa. R.C.P. 1920.33(b), and in support thereof avers as follows: (I.) LIST OF ASSETS -Defendant's Inventory is attached hereto as Exhibit "A" with the right reserved to amend this pre-trial pleading upon discussions with Ms. Morrison. A. Marital Assets: (i) Real Estate: The marital property is located at 17 Hickory Town Road, Carlisle, Pennsylvania. The parties acquired approximately 6.79 acres by gift ftom Husband's parents in December 1991. Subsequently, the parties built a home and garage on the lot. The property was appraised in March 2006 for $200,000.00. The entire value of this property is marital. Husband's parents paid approximately $58,000.00 to satisfy the mortgage balance in October 2000. (ii) Vehicles: Husband owns a 2002 PT Cruiser, valued at approximately $12,000.00 as per Husband's Pre-Trial Statement. Husband is in possession of this vehicle, which was acquired as a replacement for the 1992 Chevy Blazer owned by the parties during the marriage. Wife is in possession of a 2004 TrailBlazer. The values and liens against this vehicle will be provided at the time of the conference as the undersigned has just taken over this file and has been unable to confer with the client regazding the information in this Pre-Trial Statement. As such, we reserve the right to amend this pre- trial filing after review of updated documentation and discussions with the client. (iii) Pinnacle Health Retirement: Wife is the owner of a Defined Benefit Plan through her employment with Pinnacle Health. The present value of this retirement plan is approximately $19,372.00 as of March 2006. An updated statement reflecting the value of the retirement account as of the date of sepazation will be provided prior to trial. As the undersigned has just taken over this file and has been unable to confer with the client regarding the information in this Pre-Trial Statement, we reserve the right to amend this pre-trial filing based upon review of updated documents and discussions with the client. (iv) Household Furnishings and Other Personalty: The parties have divided the majority of household furnishings and personal property to their mutual satisfaction. It is unknown whether Wife is agreeable to returning the list of personal property attached to Husband's Pre-Trial Statement. As the undersigned has just taken over this file and has been unable to confer with the client regarding the information in this Pre-Trial Statement, we reserve the right to amend this pre-trial filing based upon review of updated documents and discussions with the client. B. Non-Marital Assets: (i) M&T Checking Account: This account was acquired by Wife post- sepazation. The value of said account will be provided prior to trial. (ii) PNC Checking Account: This account is owned by Husband, and its present value is unknown. (II.) EXPERT WITNESSES: It is not cleaz at this time what experts, if any, will testify at the time of trial. If expert testimony is required, appropriate notice will be provided to opposing counsel and the Master in advance of trial and copies of expert reports will be provided. (III.) WITNESSES: A. Nan-Elizabeth Morrison; B. Jeffrey Morrison, as on cross; C. To the extent that additional witnesses are required, appropriate notice will be provided to opposing counsel and the.Master in advance of trial. (IV.) EXHIBITS: A. Inventory ofNan-Elizabeth Morrison -attached hereto as Exhibit "A," with the right to amend reserved after discussions with client; B. Income and Expense Statement ofNan-Elizabeth Morrison- will be provided at the time of conference or prior to trial; C. Inventory of Jeffrey Morrison -already made part of the record and not attached hereto; D. Income and Expense Statement of Jeffrey Morrison -not attached hereto; E. Statement from Watson Wyatt dated February 21, 2006 reflecting the present value of Wife's Pinnacle Health Defined Benefit Plan as of Mazch 1, 2006 at $19,372.94. - attached hereto as Exhibit "B." An updated statement reflecting the value as of the date of sepazation will be provided at the conference or prior to trial; F. Appraisal of Marital Residence dated Mazch 3, 2006 -not attached hereto; G. Additional exhibits, if any, to be provided in advance of trial. (V.) INCOME AND EXPENSES: Wife's Income and Expense Statement will be provided at the conference or prior to the time of trial. Wife is employed as a registered nurse with Pinnacle Health. Wife's net monthly income is approximately $2,463.OO.Wife pays for health Gaze and medical coverage in the amount of $97.55 biweekly or $211.36 per month. Additionally, Wife pays approximately $1122.00 per month for child care during the summer and $340.00 per month from September through May at an average monthly cost of $535.50. Husband's Income and Expense Statement has not been provided to the undersigned. At a Domestic Relations Conference held in April 2005, Husband's net monthly income was found to be $766.31. Though Husband's support obligation would be $304.86 according to the Support Guideline Calculations, the parties agreed to a child support payment of $251.76 per month. (VI.) RETIREMENT BENEFITS: Pinnacle Health Retirement: Wife is the owner of a Defined Benefit Plan through her employment with Pinnacle Health. The present value of this retirement plan is approximately $19,372.00 as of March 2006. A statement from Watson Wyatt reflecting this value is attached hereto as Exhibit "B." An updated statement reflecting the value as of the date of separation will be provided at the conference or prior to trial. As the undersigned has just taken over this file and has been unable to confer with the client regarding the information in this Pre-Trial Statement, we reserve the right to amend this pre-trial filing based upon review of updated documents and discussions with the client. (VII.) COUNSEL FEES: Wife has provided the retirement and employment information requested by opposing counsel. Further, Husband has not raised a claim for counsel fees in his Complaint. As such, Husband's request for counsel fees and costs is not warranted and Wife is opposed to any award of counsel fees to Husband. (VIII.) TANGIBLE PERSONAL PROPERTY: As previously stated in Paragraph I.A.iv. above, the parties have divided most personal property to their mutual satisfaction. (IX.) MARITAL DEBTS: Wife is not aware of the existence of any marital debt. (X.) PROPOSED RESOLUTION: Wife submits that the marital estate should be allocated on a 55/45 basis with Wife retaining the marital property at 17 Hickorytown Road, Carlisle, her Pinnacle Health Retirement in its entirety and her 2004 TrailBlazer. Husband shall retain the 2002 PT Cruiser and receive his interest in 17 Hickorytown Road upon her refinance of the property. In support of Wife's claim fora 55/45 distribution, she points to the fact that she has been the primary source of income to this family, even with Husband's parents paying the mortgage on the property, from which Husband has equally benefited. Further, though Husband claims the parties have been living separate and apart since March 2001, Husband claims a 50/50 distribution is warranted on the basis of the values of the marital residence and retirement as of March 2006. Should a 50/50 distribution be warranted in this matter, Wife proposes that Husband receive 50% of her retirement as of the date of separation via a Qualified Domestic Relations Order with the balance paid to him following her refinance of the marital property. Wife believes that the above proposal is a fair distribution of the marital estate considering the financial circumstances of the parties, that Wife is Gazing for the parties' minor child, and that Husband is healthy and able to acquire better employment if he so desired. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO ~, C Ange ica L. evelant, Esquire ID # 202759 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: / ~ ~. ~(~_ CERTIFICATE OF SERVICE AND NOW, this ~~{day of December 2006, Angelica L. Revelant, Esquire, attorney for Defendant, Nan-Elizabeth Morrison, hereby certifies that I served Defendant's Pre-trial Statement on the parties listed below in the manner indicated: U.S. MAIL -FIRST CLASS Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 E. Robert Elicker, II Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 Respectfully submitted, .-' ~. ~~' .C: /E.c. ~.'~ Angeli L. Revelant, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 (717) 432-0426 ,--~ ~`_, c~-. ~=~ - ~:~-. c::a -,-, !-7 Y ~~= c~ r-~ ;; ;~ - _.. ;"_ -`si -=i ~" C"~ ,~ _` J ...~ JEFFREY L. MORRISON. Plaintiff, vs. NAN-ELIZABETH MORRISON, Defendant *IN THE COURT OF COMMON PLEAS *CUMBERLAND COUNTY, PENNSYLVANIA * *No. 2005-1446 * *CIVIL ACTION -LAW *IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under § 3301(c) and (d) of the Divorce Code was filed on March 17, 2005. 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. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ~ S o~Oz' `7 Date frey L. Morrison Plaintiff ~; ~ ~ ~ ,~~~ ~ ~ ~ -_~~ i; _ _~~, ~ ~.~ `~ ~~ `tom C_'7 ""~ JEFFREY L. MORRISON. Plaintiff, vs. NAN-ELIZABETH MORRISON, Defendant *IN THE COURT OF COMMON PLEAS *CUMBERLAND COUNTY, PENNSYLVANIA * *No. 2005-1446 * *CIVIL ACTION -LAW *IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33010 OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. _s ~ ~70~1 '~y t~'vvv~ Date ffrey L. Morrison Plaintiff ` ~ C ~ - `- - ~-._ ~} ' 3V _ -~ /..._ -Y7 - -- ~:f -" =~ '~ '~: JEFFREY L. MORRISON. Plaintiff, vs. NAN-ELIZABETH MORRISON, Defendant *IN THE COURT OF COMMON PLEAS *CUMBERLAND COUNTY, PENNSYLVANIA * *No. 2005-1446 * *CIVIL ACTION -LAW *IN DIVORCE AFFIDAVIT OF CONSENT A complaint in Divorce under § 3301(c) and (d) of the Divorce Code was filed on March 17, 2005. 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. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 5 Date r. ~ C~V an-Elizabe M son Defendant ~'_ ~ -ri ~~ ~~ ~~~ ~~ ~~ti ~..~ f r+a __" ~~ r - .. t ~ /'-1 i JEFFREY L. MORRISON. Plaintiff, vs. NAN-ELIZABETH MORRISON, Defendant *IN THE COURT OF COMMON PLEAS *CUMBERLAND COUNTY, PENNSYLVANIA *No. 2005-1446 * *CIVIL ACTION -LAW *IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c~ OF THE DIVORCE CODE I . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ~~ ~ i~ ~ ~ ~~~+~~ S~~ _V Date Nan-Elizabe orrison Defendant f) O ~ , _n r c_.. ~ R~ -~ ~..~ 7 ,~ \ -4 ~ (' ^ l "^ j JEFFREY L. MORRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 05 - 1446 CIVIL NAN-ELTZABETH MORRISON, Defendant IN DIVORCE THE MASTER: Today is Friday, January 5, 2007. This is the date set for a conference in the above-caption divorce proceedings. Present in the hearing room are the Plaintiff, Jeffrey L. Morrison, and his counsel Douglas G. Miller, and the Defendant, Nan-Elizabeth Morrison, and her counsel Angelica L. Revelant. The action was commenced by the filing of a divorce complaint on March 17, 2005, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed today by both parties. The Master will file the affidavits and waivers with the Prothonotary so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The complaint also raised the claim of equitable distribution. No claims have been raised by either party for alimony or counsel fees and costs. The parties were married on June 4, 1988, and separated in March 200 here is one child born of the ,~ marriage. She is currently residing with wife. The Master has been advised that after negotiations this morning the parties have reached an agreement with respect to the equitable distribution claim. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement will be transcribed and sent to counsel and the parties for review of typographical errors, corrections if necessary will be made, and then the parties will be asked to sign the agreement affirming the terms of settlement as stated on the record. Nevertheless, when the parties leave the hearing room today, if they do not sign the agreement, they are bound by the terms of the agreement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Miller. MR. MILLER: 1. The parties are the joint title owners of real estate known and numbered as 17 Hickory Town Road, Carlisle Pennsylvania 17013. Wife shall obtain a mortgage on the 2 property in order to pay husband the sum of $106,500.00. Wife is to submit an application for a mortgage within twenty (20) days from today. Wife is to use her best efforts in order to obtain a mortgage and to have settlement and payment of the agreed upon price to husband on or before April 1, 2007. In the event that wife is unable, despite her best efforts, to obtain a mortgage on the real estate in order to pay the agreed upon sum, the parties agree to list the property for sale on or before April 15, 2007. In that event the parties agree to cooperate in order to obtain the best price for sale and in the selection of a real estate agent and in establishing a listing price. Furthermore, the parties agree to cooperate in the completion of any and all paperwork necessary in order to complete the sale of the real estate. In the event that wife obtains financing of the property, husband will deliver to her a properly executed deed transferring title to wife at the time of the payment to him of the $106,500.00. In the event that the wife is unable to obtain a mortgage against the property and the real estate needs to be sold, the parties agree that the net proceeds from the sale of the marital residence shall be paid 48 1/2% to husband and 51 1/2o to wife. 2. In exchange, husband agrees to waive all right, title and interest in wife's retirement through her employment with Pinnacle Health. 3. The parties agree to waive all right, title, and interest in any vehicles in the possession of the other party. The parties are not aware of any vehicles being in joint names, but in the event any vehicles are in joint names, the parties agree to sign all necessary documentation to transfer title to the party having possession of the vehicle. Furthermore the parties agree to maintain responsibility for the payment of any loans against vehicles in their possession and to indemnify the other party from responsibility for any of those payments. 4. Wife agrees to return to husband a SKS Norinco rifle and a 410 shotgun which husband believes were left at the marital residence. With the exception of those two items, the parties waive all right, title and interest in the personal property located in the possession of each party. 3 Wife agrees to use her best efforts in order to locate both the rifle and the shotgun although at this time she is not certain that she has both items in her possession in the marital home. 5. The parties are not aware of any joint accounts remaining in their names. In the event there are such joint accounts, the parties agree to split the proceeds equally of those accounts and have them closed. 6. The parties are also not aware of any credit cards or other joint obligations. The parties agree to indemnify each other for all credit cards or other obligations obtained in their names since the date of separation and to maintain individual responsibility for any such debts. 7. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. MILLER: Mr. Morrison, you've been present during the entire reading of this agreement on to the record; is that correct? MR. MORRISON: Yes. MR. MILLER: Do you understand the terms and conditions of the agreement as they have been read on to the record? MR. MORRISON: Yes. 4 MR. MILLER: Do you have any questions as to the provisions that have been read on to the record? MR. MORRISON: No. THE MASTER: Do you understand that you are bound by the agreement when you leave here today even though it is not subsequently signed? MR. MORRISON: Yes. MS. REVELANT: Mrs. Morrison, I'm going to ask you the same questions. You've been present for the entire reading of this agreement as it was stated by counsel for Plaintiff, Doug Miller? MRS. MORRISON: Yes. MS. REVELANT: Do you understand all of the terms of agreement? MRS. MORRISON: I do. MS. REVELANT: Are you in agreement with those terms? MRS. MORRISON: Yes, I am. MS. REVELANT: And do you intend to abide by the terms of that agreement as you leave here today? MRS. MORRISON: Yes, I do. THE MASTER: And, likewise, do you understand that when you leave here today, even though there is no 5 ~ , subsequent signing affirming the settlement, you are bound by the terms of the agreement today? MRS. MORRISON: Yes, sir. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: • a a~ Dougla G. i ler Attorney for Plaintiff ~, a~. ~. A g ca L. Revelant Attorney for Defendant ffrey L. Morrison 6 ~? ~ o ~~ ~ -n r~... ~ 1'71 ~ -~ 1'r7 C , W ~ C"") )~a- :~ a ~_ _ ~ -,r _ ~ ~ ~r . r ~ ~ Q JEFFREY L. MORRISON, Plaintiff vs. NAN-ELIZABETH MORRISON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 05 - 1446 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~~ day of , 2007, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on January 5, 2007, the date set for a pre-hearing conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, ~- ~ G Edgar Bayley, .J. cc: .~ouglas G. Miller Attorney for Plaintiff .angelica L. Revelant Attorney for Defendant ~ C 'a 0 ti" t ^~("r F; r r N '~ c~ i 7 ~^ t ~' ~ ' C,I:t ~ : hh .. .. ~fiA ~^y r ~' j CJ C~ C -a • JEFFREY L. MORRISON, Plaintiff vs. . NAN-ELIZABETH MORRISON, Defendant THE MASTER: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ O NO. 05 - 1446 CIVIL ~ =~ +'~' ~,~, ~ -~'c~-~ IN DIVORCE _ c,~ -v~,th -ry ~"~ ~: ? ~ ~ Today is Friday, January- ~ ..~ 2007. This is the date set for a conference in the above-caption divorce proceedings. Present in the hearing room are the Plaintiff, Jeffrey L. Morrison, and his counsel Douglas G. Miller, and the Defendant, Nan-Elizabeth Morrison, and her counsel Angelica L. Revelant. The action was commenced by the filing of a divorce complaint on March 17, 2005, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed today by both parties. The Master will file the affidavits and waivers with the Prothonotary so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The complaint also raised the claim of equitable distribution. No claims have been raised by either party for alimony or counsel fees and costs. The parties were married on June 4, 1988, and ~~ separated in March 200. There is one child born of the ~~ marriage. She is currently residing with wife. The Master has been advised that after negotiations this morning the parties have reached an agreement with respect to the equitable distribution claim. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement will be transcribed and sent to counsel and the parties for review of typographical errors, corrections if necessary will be made, and then the parties will be asked to sign the agreement affirming the terms of settlement as stated on the record. Nevertheless, when the parties leave the hearing room today, if they do not sign the agreement, they are bound by the terms of the agreement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Miller. MR. MILLER: 1. The parties are the joint title owners of real estate known and numbered as 17 Hickory Town Road, Carlisle Pennsylvania 17013. Wife shall obtain a mortgage on the 2 property in order to pay husband the sum of $106,500.00. Wife is to submit an application for a mortgage within twenty (20) days from today. Wife is to use her best efforts in order to obtain a mortgage and to have settlement and payment of the agreed upon price to husband on or before April 1, 2007. In the event that wife is unable, despite her best efforts, to obtain a mortgage on the real estate in order to pay the agreed upon sum, the parties agree to list the property for sale on or before April 15, 2007. In that event the parties agree to cooperate in order to obtain the best price for sale and in the selection of a real estate agent and in establishing a listing price. Furthermore, the parties agree to cooperate in the completion of any and all paperwork necessary in order to complete the sale of the real estate. In the event that wife obtains financing of the property, husband will deliver to her a properly executed deed transferring title to wife at the time of the payment to him of the $106,500.00. In the event that the wife is unable to obtain a mortgage against the property and the real estate needs to be sold, the parties agree that the net proceeds from the sale of the marital residence shall be paid 48 1/2% to husband and 51 112% to wife. 2. In exchange, husband agrees to waive all right, title and interest in wife's retirement through her employment with Pinnacle Health. 3. The parties agree to waive all right, title, and interest in any vehicles in the possession of the other party. The parties are not aware of any vehicles being in joint names, but in the event any vehicles are in joint names, the parties agree to sign all necessary documentation to transfer title to the party having possession of the vehicle. Furthermore the parties agree to maintain responsibility for the payment of any loans against vehicles in their possession and to indemnify the other party from responsibility for any of those payments. 4. Wife agrees to return to husband a SKS Norinco rifle and a 410 shotgun which husband believes were left at the marital residence. With the exception of those two items, the parties waive all right, title and interest in the personal property located in the possession of each party. 3 i Wife agrees to use her best efforts in order to locate both the rifle and the shotgun although at this time she is not certain that she has both items in her possession in the marital home. 5. The parties are not aware of any joint accounts remaining in their names. In the event there are such joint accounts, the parties agree to split the proceeds equally of those accounts and have them closed. 6. The parties are also not aware of any credit cards or other joint obligations. The parties agree to indemnify each other for all credit cards or other obligations obtained in their names since the date of separation and to maintain individual responsibility for any such debts. 7. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. MILLER: Mr. Morrison, you've been present during the entire reading of this agreement on to the record; is that correct? MR. MORRISON: Yes. MR. MILLER: Do you understand the terms and conditions of the agreement as they have been read on to the record? MR. MORRISON: Yes. 4 i. MR. MILLER: Do you have any questions as to the provisions that have been read on to the record? MR. MORRISON: No. THE MASTER: Do you understand that you are bound by the agreement when you leave here today even though it is not subsequently signed? MR. MORRISON: Yes. MS. REVELANT: Mrs. Morrison, I'm going to ask you the same questions. You've been present for the entire reading of this agreement as it was stated by counsel for Plaintiff, Doug Miller? MRS. MORRISON: Yes. MS. REVELANT: Do you understand all of the terms of agreement? MRS. MORRISON: I do. MS. REVELANT: Are you in agreement with those terms? MRS. MORRISON: Yes, I am. MS. REVELANT: And do you intend to abide by the terms of that agreement as you leave here today? MRS. MORRISON: Yes, I do. THE MASTER: And, likewise, do you understand that when you leave here today, even though there is no 5 A a r subsequent signing affirming the settlement, you are bound by the terms of the agreement today? MRS. MORRISON: Yes, sir. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: l Do g a Mi er f rey L. Morrison Attorney for Plaintiff c.~- a~ 02 Ang ca L. Revelant Nan-Eli bet Morrison Attorney for Defendant 6 JEFFREY L. MORRISON, Plaintiff v. NAN-ELIZABETH MORRISON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. OS-1446 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint:: A certified copy of the Complaint in Divorce was served upon the defendant, Nan-Elizabeth Morrison, by certified mail on or about March 28, 2005. An affidavit of Service was filed with the Prothonotary on or about March 30, 2005. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: January 5, 2007 by defendant: January 5, 2007. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: January 12, 2007 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: January 12, 2007 Douglas .Miller, Esquire Attorney for Plaintiff Date: May 5, 2007 C`~ ''" ~ ~ VC..a- ~ ..~.~ ~- ' E ..~ --s ~ rz t;r~'... • ~ -r~f~ 3 ~" ~=_ w: '~-ICJ '"'C7 ' ~ C~ I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. .~,, -r JEFFREY L. MORRISON. Plaintiff N O. 05-1446 CIVIL VERSUS NAN-ELIZABETH MORRISON, Defendant DECREE IN DIVORCE AND NOW, /'/?41~ ~ ~ ,Zoo 1T IS ORDERED AND DECREED THAT JEFFREY L. MORRISON PLAINTIFF, AND NAN-ELIZABETH MORRISON DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Agreement and Stipulation signed by the parties on January 5, 2007, is hereby incorporated into this Decree but not merged. BY THE COURT: ATTEST J . PROTHONOTARY ~~,,~~ ~ ~~, ~~ ~Q.~1~ ._~,