HomeMy WebLinkAbout02-1758
II
LEE W. MORAND,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. tJc:J '//5~ c:;.I
DAVID A. MORAND,
Defendant
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
II
LEE W. MORAND,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO.
DAVID A. MORAND,
Defendant
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.
II
LEE W. MORAND,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
DAVID A. MORAND,
Defendant
NO. aJ-/7S8
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, LEE W. MORAND, by her attorney,
Samuel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is LEE W. MORAND, an adult individual who currently resides at
226 North 17th Street in Camp Hill, Cumberland County, Pennsylvania.
2. The Defendant is DAVID A. MORAND, an adult individual who resides at 203
Edwards Street in Harrisburg, Dauphin 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 26 October 1990.
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.
II
COUNT II - EQUITABLE DISTRIBUTION
9. During the course of the marriage, the parties have acquired numerous items
of property, both real and personal, which are held in joint names and in the individual
names of each of the parties hereto.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by
the Defendant, to equitably divide the property, both real and personal, owned by the
parties hereto as martial property.
COUNT III - ALIMONY
10. Plaintiff lacks sufficient property to provide for her reasonable needs in
accordance with the standard of living of the parties established during the marriage.
11 . Plaintiff is unable to support herself in accordance with the standard of living
of the parties established during the marriage through appropriate employment.
12. The Defendant is employed and enjoys a substantial income from which he is
able to contribute to the support and maintenance of the Plaintiff and pay her alimony in
accordance with the Divorce Code of Pennsylvania.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding
Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate
to support and maintain Plaintiff in the station of life to which she has become
accustomed during the marriage.
COUNT IV - ALIMONY PENDENTE LITE
13. Plaintiff is without sufficient income to support and maintain herself during
the pendency of this action.
14. Defendant enjoys a substantial income and is well able to contribute to the
support and maintenance of Plaintiff during the course of this action.
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her
reasonable alimony pendente lite during the pendency of this action.
"
COUNT V - COUNSEL FEES AND EXPENSES
15. Plaintiff is without sufficient funds to retain counsel to represent her in this
matter.
16. Without competent counsel, Plaintiff cannot adequately prosecute her claims
against Defendant and cannot adequately litigate her rights in this matter.
17. Defendant enjoys a substantial income and is well able to bear the expense of
Plaintiff's attorney and the expense of this litigation.
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the
legal fees and expenses incurred by Plaintiff in this litigation of this action.
I 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).
Date:
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Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
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LEE W. MORAND,
PLAINTIFF
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
DAVID A. MORAND,
DEFENDANT
NO. 02-1758 CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
I, DAVID A. MORAND, hereby accept service of the original Complaint in Divorce and
acknowledge receipt of a copy of the Complaint.
Date:
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DAVID A. MORAND
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LEE W. MORAND,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
No. 02-1758
DAVID A. MORAND,
Defendant
CNIL ACTION - LAW
IN DIVORCE
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Susan M. Kadel, as attorney for David A. Morand
in the above-captioned matter.
Dated~
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Susan M, Kadel', Esquire
Supreme CoUrt LD. No. 44837
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Telephone: 717..533-3280
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II
LEE W. MORAND,
Plaintiff
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vs.
DAVID A. MORAND,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-1758
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 9
April 2002 and served on Defendant within 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.
II 3. I consent to the entry of a final decree in divorce after service of a Notice of
II Intention to Request Entry of the Decree.
i
I WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301 Ie) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in 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 statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
/R::.
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LEE W. MORAND
9-26-65'
Dated:
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LEE W. MORAND,
Plaintiff
)
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)
)
)
)
)
)
)
vs.
DAVID A. MORAND,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION.. LAW
NO. 02-1758
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 9
April 2002 and served on Defendant within 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. I 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 REOUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301 lcl OF THE DIVORCE CODE
1, I consent to the entry of a final decree in 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 statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
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Dated:
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LEE W. MORAND,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 02-1758 CIVIL TERM
DAVID A. MORAND,
Defendant
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).
2. Date and manner of service of the Complaint: Personal service on 29 April 2002
(Acceptance of Service filed on 2 Mav 20021.
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: 26 September 2005 by Defendant: 19 September 2005
(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 26 September 2005. filed contemporaneouslv herewith. Date Defendant's
Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: dated 19 September
2005. filed contemporaneous Iv herewith.
Date: :~Ib c) ,Ji) bY 2oU5""
BY~
Samue L. Andes
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS :
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OFCUMBERLANDCOUNTY :
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PENNA.
STATE OF
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LEE W. MORAND,
Plaintiff
No.
2002-1758
VERSUS
DAVID A. MORAND,
Defendant
DECREE IN
DIVORCE
2005
In
IT IS ORDERED AND
AND NOW,
Mv&.."l-v
LEE W. MORAND
DECREED THAT
, PLAINTIFF,
DAVID A. MORAND
AND
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
NONE
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+++++++++++++++++++++++++++++++++++++.++++++++++++++.++++.
J.
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PROTHONOTARY
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