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HomeMy WebLinkAbout02-3264IN THE COURT OF COMMON PLEAS OF THE ~ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND DUANE OSCAR MORRIS, Plaintiff 302 Sherwood Dr. Carlisle, Pennsylvania 17013 506-17-0071 KIMBERLEY ANNE MORRIS, Defendant 693 Broad St. Chambersburg, Pennsylvania17201 527-57-4343 § CIVIL ACTION - LAW § (~/'V~'/ TERM § CASE NO. ~ § IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court for divorce. If you wish to defend against the claims set forth on the other side of this pege, you must teke prompt ection. You ere wemed 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 this paper by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of you child or 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 at the CUMBERLAND county Courthouse, in Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYER'S FEES OR EXPENSES BEFORE DIVORCE OF 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 NQT 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. Office of the Prothonotary Carlisle, PA. Telephone( ). IN THE COURT OF COMMON PLEAS OF THE OF PENNSYLVANIA COUNTY CUMBERLAND DUANE~OSCAR MORRIS, Plaintiff 302 Sherwood Dr. Carlisle, Pennsylvania 17013 506-17-0071 KIMBERLEY ANNE MORRIS, Defendant 693 Broad St. Chambersburg, Pennsylvania17201 527-57-4343 JUDICIAL DISTRICT CIVIL ACTION - LAW CASE NO. IN DIVORCE TERM COMPLAINT UNDER SECTION 3301(c~ OR 330t;d) OF THE DIVORCE CODF 1. Plaintiff is DUANE OSCAR MORRIS who resides at; 302 Sherwood Dr.; Carlisle, Pennsylvania 17013. 2. Defendant is KIMBERLEY ANNE MORRIS who resides at: 693 Broad St.; Chambersburg, Pennsylvania 17201. ~=~ 3. [] Plaintiff and/or a Defendant have been a bona fide resident(s) of the Commonwealth of Pennsylvania for at least six months immediately prior to commencement of this action. 4. Plaintiff married Defendant on May 2, 1998 at Newville, Pennsylvania. Affached hereto and marked as Exhibit "A" is the certificate of marriage evidencing said marriage. =~ 5. Neither plaintiff nor defendant is in the military or naval service of the Unites States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of Congress 1940 and its amendments. 6. There has been no prior action of divorce or for annulment between the parties. Complaint for Divorce; Page I 7.The marriage is irretrievably broken. 8. After 90 days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 9. Plaintiff has been advised that marriage counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in marriage counseling. 10. The following children were bom to or adopted by the parties to this marriage: Name Birthdate Age DYLAN MICHAEL EDWARD July 15, 1998 3 years MORRIS WHEREFORE, if both parties file affidavits consenting to a divorce after 90 days have elapsed form the date of filing of this Complaint, Plaintiff respectfully requests that a decree of divorce be entered pursuant to Section 3301(c) of the Divorce Code dissolving the marriage between the Plaintiff and Defendant. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 3104(A)(1) AND (3) AND 3323(B) OF THE DIVORCE CODE. Paragraphs 1-10 are incorporated herein and made a part hereof by reference as though fully set forth. The parties have entered into a written Marital Settlement Agreement providing for the care, custody and support of their minor child(ran), a copy of which is attachec~ hereto and incorporated by this reference the same as if fully set forth at length, and Complaint for Divorce; Page 2 their agreement is. in the best, interest of the child(ran). WHEREFORE, Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between the parties into the final divorce decree, pursuant to Sections 3104(a)(1) and (3) and 3323(b) of the Divorce Code. DUANE OSCAR MORRIS I verify that the statements made in this Complaint ara true and correct. I understand that false statements herein ara made subject to penalties of the 18 Pa.C.S. Section 4094 relating to unswom falsification to au orities. DUANE OSCAR MORRIS, Pro Per IN THE COURT OF COMMON PLEAS OF THE ~ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND DUAN~ OSCAR MORRIS, Plaintiff 302 Sherwood Dr. Ca~isle, Pennsylvania 17013 506-17-0071 KIMBERLEY ANNE MORRIS, Defendant 693 Broad St. Chambersburg, Pennsylvania17201 527-57-4343 CIVIL ACTION - LAW TERM CASE NO. IN DIVORCE COUNSELING NOTICE RULE 1920.45~a)*~ 1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301 (a)(6) Indignities Section 3301 (c) Irretrievable breakdown Mutual Consent Section 3301 (d) Irretrievable breakdown Two/Three year separation A list of qualified professions is available for inspection in the Office of the Prothonotary CUMBERLAND County Courthouse Carlisle, PA. T~lanhnn~,! ~ IN THE COURT OF COMMON PLEAS OF THE OF PENNSYLVANIA COUNTY CUMBERLAND DUANE OSCAR MORRIS, Plaintiff § CIVIL ACTION - LAW 302 Sherwood Dr. Carlisle, Pennsylvania 17013 506,17-0071 KIMBERLEY ANNE MORRIS, Defendant 693 Broad St. Chambersburg, Pennsylvania17201 527-57-4343 JUDICIAL DISTRICT § CASE NO.. § IN DIVORCE TERM AFFIDAVIT OF NON-MILITARY SERVICE DUANE OSCAR MORRIS, being duly sworn according to Law, deposes and says that Plaintiff knows by Plaintiff's own personal knowledge and therefore avers that the defendant, KIMBERLEY ANNE MORRIS, is 33 years of age and that Defendant is not in the military service of the United States or its allies, or otherwise within the provision of the Soldier's and Sailor's Civil Relief Act of Congress 1940 and its amendments and that the defendant is employed by Date: Sworn to and subscribed before me this the day of DUANE OSCAR MORRIS, Plaintiff Notary Public IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND DUANE OSCAR MORRIS, Plaintiff 302 Sherwood Dr. Carlisle, Pennsylvania 17013 506-17-0071 KIMBERLEY ANNE MORRIS, Defendant 693 Broad St. Chambersburg, Pennsylvania17201 527-57-4343 CIVIL ACTION - LAW ~)~- ,~/-- ~ TERM CASE NO. IN DIVORCE ACCEPTANCE OF SERVICE I, KIMBERLEY ANNE MORRIS, am the Defendant in the above entitled case and I do hereby accept service of the Complaint in Divorce filed in the above-captioned matter. /KIMBERL~AI~NE MORRI~[, defendant IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND DUANE OSCAR MORRIS, Plaintiff 302 Sherwood Dr. Carlisle, Pennsylvania 17013 506-17-0071 KIMBERLEY ANNE MORRIS, Defendant 693 Broad St. Chambersburg, Pennsylvania17201 527-57-4343 § CIVIL ACTION - LAW § o2-2o ¥ § CASE NO. § IN DIVORCE TERM AFFIDAVIT AS TO SIGNATURE DUANE OSCAR MORRIS, being duly sworn according to law, deposes and says that DUANE OSCAR MORRIS is the Plaintiff in the above-captioned divorce action; that DUANE OSCAR MORRIS is familiar with the signature of the Defendant; and that the signature on the Acceptance of Service attached hereto as Exhibit "A" is the signature of the Defendant, KIMBERLEY ANNE MORRIS. DUANE OSCAR MORRIS, Plaintiw Sworn ,o and subscribed before me this the ~__~d--ay of ~/.z.~ ~ 2.~(-~-~ IN THE COURT OF COMMON PLEAS OF THE OF PENNSYLVANIA COUNTY C~JMBERLAND DUANE OSCAR MORRIS, Plaintiff 302 Sherwood Dr. Carlisle, Pennsylvania 17013 506-17-0071 KIMBERLEY ANNE MORRIS, Defendant 693 Broad St. Chambersburg, Pennsylvania17201 527-57-4343 .. JUDICIAL DISTRICT CIVIL ACTION - LAW .TERM CASE NO. ~,~-~.~,~ IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on the . day of 2. The marriage _between the parties hereto is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. 3. I am aware that marriage counseling ......... ~s ~v~.~u~e and do not desire said counseling. 4= I state that ! have read copies of the Complaint for Divorce Under Section 3301(c) of the Divorce Code, and I understand said Complaint. I waive any pleading periods and notices there may be. 5. I hereby enter my consent to the entry of a final decree of divorce. 6. 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. 7_ 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 unswom falsification to authorities. Dated: DUANE OSCAR MORRIS, Plaintiff IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND DUANE OSCAR MORRIS, Plaintiff 302 Sherwood Dr. Carlisle, Pennsylvania 17013 506-17-0071 KIMBERLEY ANNE MORRIS, Defendant 693 Broad St. Chambersburg, Pennsylvania17201 527-57-4343 CIVIL ACTION - LAW TERM CASE NO. DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on the day of 2. The marriage between the parties hereto is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. 3. I am aware that marriage counseling is available and do not desire said counseling. 4. I state that I have read copies of the Complaint for Divorce Under Section 3301(c) of the Divorce Code, and I understand said Complaint. I waive any pleading periods and notices there may be. 5. I hereby enter my consent to the entry of a final decree of divorce. 6. 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. 7. 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. / ( KIMBERLEY ANN~MORRIS, Defendant \~Server\S hared Docs\Wo rd Processing\dor~estic\mor~is.waiver. A0r04.doc IN THE COURT OF COMMON F'LEAS OF THE 9TM JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA Duane Oscar MORRIS, Plaintiff Kimberley Anne MORRIS, Defendant CIVIL ACTION - No. 213,02 - 3264 DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE. I consent to the entry of a final decree of divorce without notice. 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 1:o me immediately after it is filed with the Prothonotary. I verify that the statement made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ,2004 Duane Oscar MORRIS, Plaintiff \~Server\Sh a red Docs\Wo rd p rocessi n g\dom~st ic~mor rls.waive~.Ap r04.d oc IN THE COURT OF COMMON PLEAS OF THE 9TM JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA Duane Oscar MORRIS, Plaintiff Kimberley Anne MORRIS, Defendant CIVIL ACTION - No. 2002- 3264 DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE. I consent to the entry of a final decree of divorce without notice. I u~derstand 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 fi led with the Prothonotary. I verify that the statement 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. §4904 relating to unsworn falsification to authorities. Date:'~,j, '7 ,2004 KImberley At~e MORRIS, D~fendant \LServer\S h ared Docs\Word p rocessing\d om'estic\mo r ris.praeci pe,Apr04.doc IN THE COURT OF COMMON PLEAS OF THE 9TM JUDICIAL DISTRICT CUMBERLAND COUNTY ~ PENNSYLVANIA Duane Oscar MORRIS, Plaintiff Kimberley Anne MORRIS, Defendant CIVIL ACTION - No. 2002 - 3264 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: Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. Date and manner of service of the complaint: July 29, 2002 Acceptance of Service by Defendant Date of execution of the affidavit of consent required by §3302(c) of the Divorce Code: by Plaintiff /0c/O-~)'cgs ; by the Defendant 4. Related claims pending: None Date plaintiff's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: t~.~ -/~'- ~)~ ; Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Date: OF CUMBERLAND IN THE COURT OF COMMON PLEAS COUNTY STATE Of ~ PENNA. Duane Oscar MORRIS, Plaintiff Versus ~$~.~le~.Anne MQRRIS, .................... Defendant DECREE IN ~....~/X~../i,': ................. ~ 2o0a, it is ordered ~nd AND NOW, decreed that ' Duan~)scar MORRIS plaintiff, ~d Kimberle~ Anne MORRIS defendunt, ~re divorced from the bends o~ m~trimony. 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 .................................................... ,