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HomeMy WebLinkAbout02-3628 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Lloyd H. Morgan, V. Joanie M. Morgan, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O~,-~,~oO CIVILTERM CIVIL ACTION - LAW 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 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, High and Hanover Street, Carlisle, Pennsylvania. 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 (717) 249-3166 Date: SAIDIS, SHUFF, FLOWER & LINDSAY By: Joh ~r~op~y, E s o_qjr.~ SupS'me Coue[ ID # 53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W, High Street Carlisle, PA Lloyd M. Morgan, V. Joanie M. Morgan, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02. --.~, ;~ CIVIL TERM : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d1 OF THE DIVORCE CODE 1. Plaintiff is Lloyd M. Morgan, who currently resides at 105 Frytown Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Joanie M. Morgan, who currently resides at 105 Frytown Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has been bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 7, 1995, in Carlisle, Cumberland County. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the dght to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. Date: ~ - Z ? -0 "~ Respectfully submitted, By: Joh npa~','~o-p~'-" ' - ecky,~sq uire Sup~fen~ Court ~/# 53147 26 V~'st High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS SI'Riff, FLOWER & LINDSAY 26 W. High Street Carlisle, PA AFFIDAVIT I, Lloyd H. Morgan, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. Dated: ~'-"'~Lloy~t' H. ~l'o~gan, Plaif~tiff / VERIFICATION I verifl/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. Section 4904, relating to unsworn falsification to authorities. oyd"H. ~erga~, Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High $~reet Carlisle, PA CERTIFICATE OF SERVICE On this ~'~ay of ('~.,~__, 2002, I ~...,~.~J_)/J/~.~? hereby certify that I served a true and correct copy of the foregoing Response to Rule to Show Cause upon all parties of record via United States Mail, certified and registered, return receipt requested, postage prepaid, addressed as follows: Joanie M. Morgan 105 Frytown Road Carlisle PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY LLYOD H. MORGAN, Plaintiff JOANIE M. MORGAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3628 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO ENTER APPEARANCE AND NOW, this ! qrl4 day of August 2002, the undersigned attorney enters his appearance on behalf of the Defendant, Joanie M. Morgan. Date Camp Hill, PA 17011 (717) 737-1956 Attorney for Defendant ID #59020 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Lloyd H. Morgan, Plaintiff Joanie M. Morgan, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3628 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE AND now, this 15th day of April, 2004, I, CAROL J. LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that the Defendant, JOANIE M. MORGAN, was served on August 3rd, 2002, with the Complaint in Divorce by Certified Mail, Return Receipt Requested, addressed to: Joanie M. Morgan 105 Frytown Road Carlisle, PA 17013 and proof thereof, the signed Return Receipt Card, is attached hereto. SAIDIS, SHUFF Attorneys fo~ FLOWER & LINDSAY, P.C. .Ela_intiiff ~4' Lindsay, Esquire 693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Lloyd H. Morgan, Plaintiff Joanie M. Morgan, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3628 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE PROOF OF SERICI-' · Complete itams 1, 2, and 3. Also complete item 4 if RestNcted Delivery rs desired. · IWint your name and address on the reverse so that we can return the card to you. · Attach #lis card to the back of the matlplsoe, o~ on the front if space permits. 1. A~ticle Addressed to: [] Agent [] Addreaeee D. Is bellve~ i from Ite~ 17 If YES, enter delivery address beJow: [] No 3. Service Ty]~e ~Certified Mall [] Express Mail [] Registered ~'[~eturn Receipt for Merchandise I'1 Insured Mail [] C.O.D. 4. Restricted Deliver? (Extra Fee) ~es 2. Article Number PS Form 3811, ~ 2o01 Do~n~tlc Return Receipt SAIDIS SHI. IFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Lloyd H. Morgan, Joanie M. Morgan, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLANID COUNTY, PENNSYLVANIA : NO. 02-3628 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER §3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSE-'LING 1. A Complaint in Divorce under §3301 (c) of the Divome Code was filed July 30, 2002. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after sen:ice of notice of intention to request entry of the Decree. I vedfy that the statements made in this Affidavit ;are true and correct to the best of my knowledge, information and belief. I understand that false sb{tements herein are made subject to the penalties of 18 Pa.C.$. 4904 relating to unsworn falsification lo authorities. Date: ,JLlo~'d H~'org~an` /' ' / .LA .T FF'S WAIVER OF .OT C .EOU S ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce witlhout 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 to me immediately after it is filed with the Prothonotary. I verify that the statements made ir: th;s A~davit are true ar, d corruct to tile best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswor'n falsifica, tion to authorities Date: (,~.,,"/LI Sy d ,~1~10 rg a r{ Lloyd H. Morgan, Joanie M. Morgan, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3628 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER 63301¢c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under {}3301 (c) of the Divome Code was flied July 30, 2002. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after ser:!ce of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ~ Lloyd ~o~an' P~INTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 {c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose dghts 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 th;s A~davit are true ar, d con'eot to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities Date: L/-/c -O('/ ? ~ rgan ~ Lloyd H. Morgan, Joanie M. Morgan, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3628 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High SIreet Carlisle, PA DEFENDANT'S AFFIDAVIT OF CONSENT UNDER ~3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING A Complaint in Divorce under §3301 (c) of the Divorce Code was filed July 30, 2002. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed ,,~e ,~,~,6 or filing an~ service ~f the Comp;ainL I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Date: t.///'~/O ~ DEFENDANT'S 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 to me immediately after it is filed with the Prothonotary. I verify that tile statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P~.C.S. 4904 relating to unsworn falsification to authorities Date: ~//~'/O "/ Lloyd H. Morgan, Joanie M. Morgan, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3628 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE PRAFCIPE 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) 3301(d)(I ) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Defendant was served via Certified Mail, Return Receipt Requested on August 3, 2002 and filed with Prothonotary on April 15, 2004. (copy enclosed) 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 the Plaintiff: April 16, 2004; by the Defendant: April 19, 2004. SAIDIS SI'tUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Related claims pending: None.' 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 3301(c) Divorce was filed with the Prothonotary: April 20, 2004 Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: April 22, ~2004. ~ f~ Carol O. Lindsa~.~squire Supreme Court ID 44693 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013 Phone: 717.243.6222 Attorney for Plaintiff 1N THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LLOYD H. MORGAN Plaintiff NO. 02-3628 VERSUS JOANIE M. MORGAN Defendant DECREE iN DIVORCE DECREED THAT Lloyd H. Morgan AND Joanie M. Morgan , ~, IT IS ORDERED AND , PLAINTIFF, , 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. BY THE COURT: /~ //2 ATT Eft:' _· /5 ~-7 J.