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Home My WebLink About06-1643JOHN R. MORNINGSTAR, Plaintiff vs. ELIZABETH DIANE MORNINGSTAR, Defendant IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.0G? -/(,L[,2 IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 the 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 at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 JOHN R. MORNINGSTAR, Plaintiff vs. ELIZABETH DIANE MORNINGSTAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. JOHN R. MORNINGSTAR, ) Plaintiff ) VS. ) ELIZABETH DIANE MORNINGSTAR, ) Defendant ) IN THE, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ?tNo. OG iG 13 ClT?s„ IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, JOHN R. MORNINGSTAR, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is JOHN R. MORNINGSTAR, an adult individual who is a resident of Cumberland County, Pennsylvania, and his address for purposes of this action is P.O. Box 3063 Shiremanstown, Pennsylvania. 2. The Defendant is ELIZABETH DIANE MORNINGSTAR, an adult individual who currently resides at 2950 Gettysburg Road in Camp Hill, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 1 July 1982 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. 1r Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Dat,-Aa w q, 2Ud6 `?`y?Gq;------ JO R. MORNINGSTA ?? _V.?' 1 ,? ,` ?? ?} ?? --\ r t' ?? G:5 i`,J L7 ?i t r 7 =' ? ' 1 C i -i? ?J .r JOHN R. MORNINGSTAR, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1643 CIVIL TERM ELIZABETH DIANE MORNINGSTAR, Defendant IN DIVORCE ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance for the Defendant, ELIZABETH DIANE MORNINGSTAR, in the above-captioned action. I acknowledge receipt of a true and correct copy of the Complaint in Divorce filed in the above action on behalf of the Defendant this date. Date: ?/Z Lb Barbara Sumple Sullivan Attorney for Defendant Supreme Court ID # 32317 549 Bridge Street New Cumberland, PA 17070 ' TIC . Z Lr ?_) -"lr C Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. MORNINGSTAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06 - 1643 ELIZABETH DIANE MORNINGSTAR, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO PLEAD To: Mr. John H. Morningstar c/o Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 You are hereby notified to file a written response to the enclosed Defendant's Answer and Counterclaim to Plaintiff s Complaint within TWENTY (20) DAYS from service hereof or a judgment may be entered against you. Dated: September )7 , 2006 F3arbara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. MORNINGSTAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 1643 ELIZABETH DIANE MORNINGSTAR, CIVIL ACTION -LAW Defendant IN DIVORCE ANSWER AND COUNTERCLAIM TO DIVORCE COMPLAINT AND NOW, this a4g day of September, 2006, comes Defendant, Elizabeth Dianne Morningstar, by and through her attorney, Barbara Sumple-Sullivan, Esquire, and files this Answer and Counterclaim. In support thereof, it is averred as follows: 1. Admitted in part. Denied in part. It is admitted that Plaintiff is John R. Morningstar and that he is a resident of Cumberland County. The remainder of the paragraph is denied since Defendant has no knowledge of the accuracy of his address. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. After reasonable investigation, Defendant is without knowledge to form a belief as to the truth of the averment and same is therefore denied. 8. Denied. Paragraph 8 does not include an averment of fact and no response is required. COUNTERCLAIM OF DEFENDANT TO PLAINTIFF'S COMPLAINT IN DIVORCE COUNTI DIVORCE - FAULT 9. The averments in paragraphs 1 through 8 of Defendant's Answer and Counterclaim are incorporated herein by reference thereto. 10. Counterclaim Plaintiff is the innocent and injured party. 11. Counterclaim Defendant has committed adulterous acts in violation of the marriage vows and the laws of the Commonwealth of Pennsylvania. 12. Counterclaim Defendant has offered such indignities to the person of the Counterclaim Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Counterclaim Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 13. The averments in paragraphs 1 through 12 of Counterclaim Plaintiffs Answer and Counterclaim are incorporated herein by reference thereto. 14. Counterclaim Plaintiff 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. 2 WHEREFORE, Counterclaim Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 15. The averments in paragraphs 1 through 14 of Counterclaim Plaintiffs Answer and Counterclaim are incorporated herein by reference thereto. 16. Counterclaim Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Counterclaim Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 17. The averments in paragraphs 1 through 16 of Counterclaim Plaintiffs Answer and Counterclaim are incorporated herein by reference thereto. 18. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Counterclaim Plaintiff requests an award of counsel's fees and expenses. COUNT V CONTINUED MAINTENANCE OF BENEFICIARY DESIGNATIONS 19. The averments in paragraphs 1 through 18 of Counterclaim Plaintiffs Answer and Counterclaim are incorporated herein by reference thereto. 20. During the course of the marriage, Counterclaim Defendant has maintained certain life and medical insurance policies for the benefit of Counterclaim Plaintiff. 21. Pursuant to Section 3502(d), Counterclaim Plaintiff requests Counterclaim Defendant be directed to continue maintenance of said policies for the benefit of Counterclaim Plaintiff. WHEREFORE, Counterclaim Plaintiff, Elizabeth Dianne Morningstar, respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Counterclaim Defendant to continue to maintain certain life and medical insurance polices for the benefit of Counterclaim Plaintiff. Dated: 2006 Barb&x,Stmple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. MORNINGSTAR, IN THE COURT OF COMMON PLEAS Plaintiff v. ELIZABETH DIANE MORNINGSTAR, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 1643 CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, ELIZABETH DIANNE MORNINGSTAR, hereby certify that the facts set forth in the foregoing ANSWER AND COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: R-(q_ o? , 2006 644'gbA m iQk?t-? ELI ETH EhANNE MO NGS AR 5 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. MORNINGSTAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 1643 ELIZABETH DIANE MORNINGSTAR, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing ANSWER AND COUNTERCLAIM TO DIVORCE COMPLAINT, in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 2006 DATED: September , 'Barb-ara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 SZ . Cp'" c -n 5,a co fir? W _ ?n JOHN R. MORNINGSTAR, Plaintiff VS. ELIZABETH DIANE MORNINGSTAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1643 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 22 March 2006 and served thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 W OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in 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. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?iQ 7 o2UU21 - Dated: A 94N R. MORNINGS R N Q Iv' 7 a ,. _f C J ' f'- ? fl J I -L to Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. MORNINGSTAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06 - 1643 ELIZABETH DIANNE MORNINGSTAR, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 22, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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. 4. 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ELIZ TH DI ANNE MORNINGSTAR C? ca Q c -I ? w co w Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. MORNINGSTAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 1643 ELIZABETH DIANNE MORNINGSTAR, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: ?ELIZ ETH D E MORNINGSTAR ra C_? ? -r) f 7j r c_-- re -icy :: CO =G JOHN R. MORNINGSTAR, Plaintiff vs. ELIZABETH DIANNE MORNINGSTAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1643 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. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff's counsel indicatina service on or about 10 April 2006. 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: 27 April 2007 By Defendant: 1 June 22? (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 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 Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 27 April 2007 and filed on 30 April 2007. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 1 June 2007 and filed contemporaneously herewith. r !L Date: Aune 2007 4aaAuel L. Andes Attorney for Plaintiff C? ? ^?' ° C?".? .' ; ['c tom. ? - ?-.- ? ? ?? ? p _ ? -?s ? ? _ rra r?r?, :..? --- cv -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JOHN R. MORNINGSTAR, - ' ' Plaintiff VERSUS ELIZABETH DIANNE MORNINGSTAR, Defendant No. 06-1643 DECREE IN DIVORCE 2007 IT IS ORDERED AND AND NOW, ?V k ?c? JOHN R. MORNINGSTAR DECREED THAT AND ELIZABETH DIANNE MORNINGSTAR 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; NONE BY THE COURT: S\ -?' ? \ r%l- \ ATTEST: J. L//?,e,JA. ' PROTHONOTARY 4 4 P-