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HomeMy WebLinkAbout06-6563 ROSS S. MORRIS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006 - 1/5'b3 CIVIL TERM MARY C. MORRIS, CIVIL ACTION-LAW Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 SET 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 ROSS S. MORRIS, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 _ t Sf, :3 CIVIL TERM MARY C. MORRIS, CIVIL ACTION-LAW Defendant COMPLAINT UNDER SECTIONS 330HC) AND 330HD) OF THE DIVORCE CODE 1. Plaintiff is Ross S. Morris, Jr., an adult individual who currently resides at 22 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Mary C. Morris, an adult individual who currently resides at 1144 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in 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 May 19, 1984, in Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II -EOUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, Date: -1J 110 I MD\P David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff , . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. D1{\ · Ross S. Morris, Jr. Date: JJ I J 0 J ;00(; I' I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ & I , 1. \ B ~ \ (") 1"-.' ". ~ r;:: = \ ~ C:.:'::> (".:T' ~ " ... ~ . ~ --;--.... .,.-.,' ~ ~ , ~ ~ $ \) -- ~ (...) ~ _ro' c.. -. , _. \. (..J t C) ~l.7 I..D .-< ROSS S. MORRIS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006- 6563 CIVIL TERM MARY C. MORRIS, Defendant CIVIL ACTION-LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served upon you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301( d) OF THE DIVORCE CODE 1. The parties to this action separated in December, 2003, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 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.A. ~ 4904 relating to unsworn falsification to authorities. DATE: AI (JV . . (ll , 2006 ,r0;h I ,....." r..... = ,.1 = II 0"' Z -~ C? I-n ..c r11": N t:~' -0 ---,- -:r~t-... ,r-', N rn Z .. --{ 0.) '"< 0 ROSS S. MORRIS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006- 6563 CNIL TERM MARY C. MORRIS, Defendant CNIL ACTION-LAW IN DNORCE COUNTER-AFFIDAVIT UNDER ~ 330l( d) OF THE DIVORCE CODE 1. Check either (a) or (b): L(a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both) (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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 wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 pa.c.s. section 4904 relating to unsworn falsification to authorities. DATE: 1kv /1 ,2006 NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. y-..;) c..;:> ~~ N - -C> --) '::., --\ -r: -n [l'e -=91 \:;, -' { -:3:~':. ...J: .:> _.,.",..,n '~_~f~ ~~\ ~:q~ ...... - ~:-? vi o ROSS S. MORRIS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006- 6563 CIVIL TERM MARY C. MORRIS, Defendant CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, on this the ~day of Ak v'em~ ~. , 2006, I, Mary C. Morris, Defendant, hereby accept service of the Divorce Complaint, Notice to Defendant/Plaintiffs Affidavit under Section 3301(d) of the Divorce Code and Counter-Affidavit under Section 3301(d) in the above- captioned action and acknowledge receipt of a true and attested copy of said Complaint. r-.;) <:::::> c? :::.;7'- ~ C:J ~;.: rV - ~ .-4 :!'- -n 0'''''' , -t:,: t3 - -,', (- ; -- """'Ci -""'" -5}'" :;~~ C) ~:~.'Cr\ ~\ -17" ':0 :-:::. 8 \"-' ...0 II ROSS S. MORRIS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006- 6563 CIVIL TERM Defendant CIVIL ACTION-LAW IN DIVORCE MARY C. MORRIS, CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION is entered into the day of 2006, by and between Ross S. Morris, Jr. (hereinafter referred to as "Father") and Mary C. Morris (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of the child, Ross Patrick Morris, born October 27, 1991 (hereinafter referred to as "Child"); and, WHEREAS, the parties are separated; and, WHEREAS, the parties wish to enter into an agreement relative to the custody of their child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. Mother and Father shall have shared legal custody of the child. 2. Mother shall have shared primary physical custody of the child. 3. Father shall have physical custody of the child every other weekend from 3:45 p.m. Friday to 7:00 a.m. Monday and if necessary on nights when Mother is required to work night shift at her employment. 4. Father shall have two weeks of physical custody of the child during the summer. Said weeks can be consecutive or non-consecutive. 'I 5. The party exercising physical custody of the child shall allow the child to have liberal telephone contact with the other party. 6. Father shall have physical custody of the child each father's day from 9:00 a.m. until 7:00 p.m. 7. Mother shall have physical custody of the child each mother's day from 9:00 a.m. until 7:00 p.m. 8. Thanksgiving will be alternated yearly with Mother having physical custody of the child on even numbered years and Father having physical custody of the child on odd numbered years from the Wednesday before at 7 :00 p.m. to Friday at 10:00 a.m. 9. Mother shall have physical custody of the child every year from December 24 at 4:00 p.m. until December 27 at 10:00 a.m. Father shall have physical custody of the child for the remainder of the child's holiday vacation time off school. 10. Mother shall have physical custody of the child on Easter every year. 11. The parties shall have the child at such other times as the parties from time to time may agree mutually. 12. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 13. The parties shall not do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 14. The parties may deviate from this schedule when the best interests of the child requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. . . II 17. The parties acknowledge that they have read and understand the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written bel WITNESS: ~ /\~ ~ ( dab.dir/domestic/morris/custody.stp o ~ ,......:! c:::::> ;;;:;::; 0"'" o PI n I C'J ~ -t -C-n flie -ntD --1V i),b ~.\'~. :Ti 't~F~ (:,;'" ....".. ~ -0 ~'"\"" ____'"dll o Ci' Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- 6563 CNIL TERM CNIL ACTION-LAW IN DNORCE ROSS S. MORRIS, JR., Plaintiff v. MARY C. MORRIS, COMPLAINT FOR CUSTODY 1. Plaintiff is Ross S. Morris, Jr., an adult individual, residing at 22 West Pomfret, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Mary C. Morris, an adult individual, residing at 1144 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the parents of one minor child: Ross Patrick Morris, born October 27, 1991. The child was born in wedlock. The child is presently in the primary custody of Defendant, Mary C. Morris at 1144 Pheasant Drive, Carlisle, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Mary C. Morris 22 West Pomfret Street Carlisle, Pennsylvania 17013 1144 Pheasant Drive North Carlisle, Pennsylvania 17013 September 8, 2005 to August 22, 2006 Prior to September 8, 2005 August 22, 2006 to Present Ross S. Morris, Jr. The natural father of the child is Ross S. Morris, Jr., residing at 22 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania. He is married to Defendant. The natural mother of the child is Mary C. Morris, residing at 1144 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania. She is married to Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Names Relationship None. 5. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names Relationship Anne Frances Morris Daughter Ross Patrick Morris Son 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff 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. 7. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency ofthis action and the right to intervene. NONE. WHEREFORE, Plaintiff requests your Honorable Court to grant him shared legal custody ofthe child.. Respectfully submitted, 0' N, BAIDC & S~i4 David A. Baric, Esquire J.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/domestic/morris/custodycomplaint.pld . VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. ~ 4904, relating to unsworn falsification to anthorities. .), ,,) ~'/.J -} \C - . Ross S. Morris, Jr. , ". ;' 7 C Cc DATE: ~ 0 = = -n , CF" ~ ~ c:::> :i!-n r'1 n tnF ~ , -om :00 ~ ~ o;:J C)b ~:-l" . "- :s! ''1.'- ~'f\ .c-n ol\ ~ 0-- ~ ~ -;"~ () " tf! ;;"} rn ~ W ~, ~ C> S; W ;...(;. \\(\ ........... ROSS S. MORRIS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 2006- 6563 CIVIL ACTION-LAW IN DIVORCE CIVIL TERM v. MARY C. MORRIS, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) AND ~ 330Hd) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 9 4904 relating to unsworn falsification to authorities. DATE: /2 7 - 0 C ,2006 / /' / ;;~. ()'L' Ross S. Morris, Jr. o ~ ~ c::::> C1" o ('II C""1 \ Cj) -c ::;ii: ~ ~-n fIlr:: -0 tD, ---]l~~, :-__--.'1 '2 (") 5,n ~ -::.' ~ :.:..:::. Cf! C) C) ROSS S. MORRIS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 2006- 6563 CIVIL ACTION-LAW IN DIVORCE CIVIL TERM v. MARY C. MORRIS, WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 330Hc) AND ~ 330Hd) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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.A. 9 4904 relating to unsworn falsification to authorities. DATE: /~ ~ ,2006 ~. ~ aiY C. Morris l"o.,) = = c:r- o rr? ("'") I CO ~ ~ rn ::D /' -om 'J<y ~-' r) "-:-l.:r~ (5-n >0 om -I '> :n -< -0 ~ C:? CJ o II , .... ~. , DEe 1 1 zooy ty ROSS S. MORRIS, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- 6563 CIVIL TERM MARY C. MORRIS, Defendant CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this~daYOf ycc. , 2006, the Court adopts the following Stipulation and Agreement as an Order of Court, with respect to the following child: Ross Patrick Morris, born October 27, 1991 (hereinafter referred to as "child"). 1. Mother and Father shall have shared legal custody of the child. 2. Mother shall have shared primary physical custody of the child. 3. Father shall have physical custody of the child every other weekend from 3:45 p.m. Friday to 7 :00 a.m. Monday and if necessary on nights when Mother is required to work night shift at her employment. 4. Father shall have two weeks of physical custody of the child during the summer. Said weeks can either be consecutive or non-consecutive. 5. The party exercising physical custody of the child shall allow the child to have liberal telephone contact with the other party. 6. Father shall have physical custody of the child each father's day from 9:00 a.m. until 7:00 p.m. 7. Mother shall have physical custody of the child each mother's day from 9:00 a.m. until 7:00 p.m. >- g~ r. LLJ~-;:: Efi (....J;.-. r-L'j {}= ft fW._ :=Jt1! " ". '-'-:r; 1-- LL o ,0 C"'") .. S? ~z:- ~'?i: lJ") U L!..1 C) '-0 C:::> = <'.... II I .... I 8. Thanksgiving will be alternated yearly with Mother having physical custody of the child on even numbered years and Father having physical custody of the child on odd numbered years from the Wednesday before at 7:00 p.m. to Friday at 10:00 a.m. 9. Mother shall have physical custody of the child every year from December 24 at 4:00 p.m. until December 27 at 10:00 a.m. Father shall have physical custody of the child for the remainder of the child's holiday vacation time off school. 10. Mother shall have physical custody of the child on every Easter. 11. The parties shall have the child at such other times as the parties from time to time may agree mutually. 12. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 13. The parties shall not do anything which may estrange the child from the other parties, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 14. The parties may deviate from this schedule when the best interests of the child requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. BY THE COURT, II , I ROSS S. MORRIS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006- 6563 CIVIL TERM MARY C. MORRIS, Defendant CIVIL ACTION-LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this l day of JJt(:tnvbcL, 2006, by and between Mary C. Morris, hereinafter referred to as "Wife", and Ross S. Morris, Jr., hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on May 19, 1984; and, WHEREAS, the parties are the parents of Anne Frances Morris, born September 9, 1986 and Ross Patrick Morris born October 27,1991; and, WHEREAS, differences have arisen between the parties and it is the intention of the parties to live separate and apart. The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, Page 1 of 9 II I' r I I WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE: The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court upon the written request of either party. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2. INCORPORA TION BUT NOT MERGER INTO DIVORCE DECREE: This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. Page 2 of 9 3. REVIEW AND CONSENT: Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 4. TANGIBLE PERSONAL PROPERTY: Husband will continue to make payments on the 2001 Toyota Camry currently in the possession of Wife until the time that the Camry is paid off in May, 2007. At the time the Camry is paid off, Husband will transfer to Wife any right, title and interest he has in the 2001 Toyota Camry. Wife shall transfer to Husband any right, title and interest she has in the 2004 Ford Truck, Harley Davidson motorcycle, Roadtrek motorhome and Aprilla Scooter which are all currently in the possession of Husband. Wife shall retain the Triumph motorcycle titled in her name alone. Aside from the foregoing, the parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above. Each party shall hereafter be solely liable for the debt secured by the respective vehicles and shall indemnify the other from any and all claims associated with said debt. Page 3 of 9 II 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL EST ATE: Wife shall become the sole owner of the marital residence located at 1144 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania. Husband and Wife agree that they will sign all necessary documents to have Husband's name removed from the Mortgage on the marital residence. Husband shall become the sole owner of real estate and the business known as Piatto and all equipment and fixtures of the business located at 22 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania. Husband and Wife agree that they will sign all necessary documents to have Wife's name removed from all debts associated with the business and real estate. B. WAIVER OF RETIREMENT BENEFITS: Wife has retirement accounts through Pinnacle Health and a TSA T. Husband shall waive any right or interest he may have in Wife's retirement account and the TSAT. C. Husband shall transfer to Wife the sum of forty-five thousand ($45,000.00) dollars representing a distribution of the parties marital assets at the time of the refinance referenced in subsection D. or within sixty-five (65) days of execution of this Agreement, whichever shall first occur. D. The refinance of22 West Pomfret Street shall occur within sixty-five (65) days of the execution of this Agreement. E. At the time of execution of this Marital Settlement Agreement, the parties do not desire to finalize the divorce proceedings but do desire to establish an agreement between themselves as to a division of marital property should either party hereafter seek entry of a divorce decree to finalize this matter. Page 4 of 9 II I ~ In no event shall either party be entitled to claim any amounts of property other than or property other than as set forth herein. 6. DEBTS AND OBLIGATIONS: Each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. Husband will continue to be responsible for the following: A. AOL account until June, 2014; B. Cellular telephone bill to Verizon Wireless until June 2014. C. Automobile and motorcycle insurance until May, 2007. Wife will maintain health and dental insurance coverage on Anne Frances Morris, the parties adult child as well as Ross Patrick Morris, so long as it is available through her employer at a reasonable cost. Husband and Wife agree to establish wills naming Anne Frances and Ross Patrick as beneficiaries and will not change the wills until children have reached age twenty-five (25). Husband and Wife agree that they shall, to the extent that they are financially able, pay the following: A. Costs of room and board for both children for four (4) years of college, provided that the child/children maintain a G.P.A. of at least 2.5 on a 4.0 grade scale; B. Cost of tuition for Ross Patrick to attend Trinity High School; and, c. Costs charged by St. Patrick's for transportation of Ross Patrick to Trinity High School. Page 5 of 9 II Ii r In addition, Husband shall pay Wife the sum of eight hundred fifty ($850.00) dollars per month payable every two (2) weeks through June 30, 2010 provided wife, survives for that period of time. 7. INDEMNIFICATION: Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 8. EQUITABLE AGREEMENT: Both parties agree that the herein above set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 9. MUTUAL RELEASES: Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, Page 6 of 9 II as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 10. BREACH: If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 11. COMPLETE DISCLOSURE: The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real andlor personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 12. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 13. MODIFICATION: This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. Page 7 of 9 II 'f I 14. AGREEMENT BINDING ON HEIRS: This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 15. SEVERABILITY AND INDEPENDENT COVENANTS: The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and I independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force and effect. 16. COSTS AND ATTORNEYS' FEES: Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees. 17. LIFE INSURANCE. Each party agrees that the other party shall have sole ownership of any insurance policies owned by the other party. Each party shall have the right to borrow, cash in policies, change beneficiaries, and exercise any other incidents of ownership of their respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to transfer ownership in such policies to the respective party who presently owns such policies. Notwithstanding the foregoing, the parties hereby agree that they will keep the policies or policies of similar value ($300,000.00 for Husband and $100,000.00 for Wife in effect until Ross Patrick Morris reaches the age of twenty-five (25) years. Each party shall change the beneficiary of their policy to be either the other party in trust for the child or the other party's estate. After Ross Patrick Morris reaches the age of twenty-five (25) years either party may elect to change the beneficiary on their policy. II I' 18. LAW AND JURISDICTION APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 19. OTHER DOCUMENTATION: The parties agree that they shall, upon written request from either party execute any and all written instruments or documents required to effectuate the terms of this Agreement. WHEREFORE, the parties intending to be legally bound hereby, execute this Agreement the date first written above. WITNESS: - \ .~ \;~ ~~ I ~ ,"^\,\ .'~-.- '\$ df 7lJ/h ~/A//////i__/ j~. MI\ r Ross S. Morris, Jr. da b.d i r/ d omestic/mo rris/settIement3.a gr C) 1'--' 0 c::::) c- ~..;:) --n ,~::r~ a -l -,. 1. ;. n Ul -0 -'-:,. L.) 0 (...) II ROSS S. MORRIS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006- 6563 CIVIL TERM Defendant CIVIL ACTION-LAW IN DIVORCE MARY C. MORRIS, 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(d)ofthe Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service on November 14,2006. 3. Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: November 14, 2006. Date of service of the Plaintiffs Affidavit upon the Defendant: November 14, 2006. 4. Related claims pending: None. 5. Indicate date and manner of service of the Notice oOntention to File Praecipe to Transmit Record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: Defendant signed a Waiver of Notice of Intention to Request Entry ofa Divorce Decree on December 6, 2006. --------- --------- r-.::> = c::::::> c,'...... c:> r-'-' ("":, (..ri -c ::r: 0::> o if'!; iIi iIi iIiili iIi iIiili iIiiliili iIi iIi iIi iIi iIiiliili iIi iIiiliiliiliiliili iIiiliiliili iIiiliiliiliiliili iliiliiliili iIi iIi iIi iIi iIi iIi iIi ifif iIi iIi iIi iIi iIi iIi iIi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RO~~ ~. MORRIS. JR.. No. ?OOF; 656'3 ciuil Plaintiff VERSUS MARY 0.. M()RRT~, Defendant DECREE IN DIVORCE AND NOW, t> ~L~ ~ 6eJ , 2.00 G, , IT IS ORDERED AND \'\ DECREED THAT ROSS S. MORRIS, JR. , PLAINTIFF, AND , DEFENDANT, MARY C, MO"RRIS ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; Tne p~rr.ip~ Marital ~ettlment Agreement dated December 8, 2006 but not meraed herein as a final Order of Court. By THE COURT: if- if- if- if- if- if- if- J. if- if- if- if- if- if- if- PROTHONOTARY if- if- iIi if- if-iliif-if-ili'li'li'ti" ATTE if- if- if- '+' if- if- '+' '+' if- if- if- if- '+' if- '+' if- if- if- iIi ~ Jr' ~ ~ ~1J, 90' Ie -e/ -m19 y $~II9J -p7? 'J(J' Ie- 1"1 , . . ' ~,~' . '\ . ,.. ....,,11:;, .. .~ ~. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW • • Plaintiff • V 6_ ` � : FILE NO. ©�s6 r i_:: VS. IN DIVORCE =x rc' 7r vs_<> - .., 719/ /Q/ /noki&,_.5 . • i Defendant - t -y- ('i r NOTICE TO RESUME PRIOR SURNAME . Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the /9 day of,---13e� 410/' hereby elects to resume the prior surname of /2 ,2/ (?• �,..)C /j/ey---,- • and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE: . ...2.- 2 A7 `_ ■� ,- .i . 4 ignature _} ,�i_I, l / /. . Sign.ture oft .emg resumed gli COMMONWEALTH OF PENNSYLVANIA . : SS. COUNTY OF CUMBERLAND On the o?V day of A6nu4r y , 2019 , before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. i(7 0 0 n ek QOH CI Notary Public C<�5k �f y O'c1 q q Prothonotary,Cumberland County,Carlisle,PA My Commission Expires the fast Monday of Jan.201$