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HomeMy WebLinkAbout95-07357 ",I ~I .1 ~l ~ ,', ~ ~ ~ ~ ~ ~ ., I!o ., I!o ~ ~ ~ ~ " ~ ~ ~ ~ _I ~i -I.:. .~: .:.:- ':~> .:~. ,':~:' ',4 !~ 1M ., ~ ~ ~ '" P,l .. ,A . ~ ,~,.~.,~,.~.,~..~,.~.~,~.~.*.~,-~..~..~"~:..~.,~,.*..~.~.*.,*,~~..~. ~. . , .,: ~" . \ ~' .', ~i ~i 8 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF i~~~! PENNA, \. ."w,,!'v""~(' M\ , ( . i ~I ~ ~ ., P,l ~. ~! "1 r,;, ~ ~ KATHLEEN B. MORSE, PLAINTIFF ;\11. 95-7357 .X /(lJ X \' I' 1'.' !I ~ STEPHEN R. MORSE, DEFENDANT ~i IPo, . , DECREE IN DIVORCE AND NOW.. . D~...loc:.J. '3.( 19 ., b. II Is ordered and . .. . , . .. plaintiff, . . '. defendant, deemed thnt nnd . I<A'l'IILEEN . B. MORSE. S'l'EPHEN R. MORSE oro divorcod from tho bonds of matrimony. The court retnins jurisdiction of the following claims which hove been raised of rocord in this action for which 0 final order has not yet been onlmad; EQUITY DISTRIOUTIONI Separation andProp~rty.~qt~l~m,p~ Agruuumenl daled May 20, 1996 iB!n~orp9ratQd into, but,ia.npt lIlul'ged ilh, lhj B (Juel'uu. Jlv 'I'll,. CW~ t olct il AUI',I' t., "J ",// . I ,J~Jt.,,'<."... I t<.~~ /"",.//f, ".r:;...:' .J . I,.:/{ . '" J '/.:j~ ,,.,' "k- ".>''/1. t" ..(,h", / ,~. ;r?PlflllllllllJl'If~' ~ 8 8 ~ ~ ~ 8 8 ~ ~ I': It. I:' (~ I~ ij ., P,l '" ... ~ ~ I~ '" I,:. ~ ~ '.' ~ , . i~ ..>':'i , ~ ~ I '~ , . , ~ ~ " ~ ~: ~ :~ ~ ~,~-*.~.~,~..~,~.,~.:~.~:~:.:.:.:.~~..~;.~-:.:-~;~~. IOJ 3/.f t d~ rlI/j? "'M~ ~ ~ ..Ir6ue, ,I;)'jl'''~ ~~ 111;c./it .~ 4...a"p . .~ . .. . .. .. . KATHLEEN B. MORSE, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I VS. I No. 95 - 7357 CIVIL TERM I STEPHEN R. MORSE, I CIVIL ACTION - AT LAW II Defendant I IN DIVORCE SEPARATION AND PROPBRTY SE'l~LBHBNT AGRBEHBNT !\ THIS AGREEMENT, made this -1 f\\ 0< " day of ~?I(~ 1996, by and between KATHLEEN B. MORSE of Camp Hill, CunIDerland County, Pennsylvania, hereinafter referred to as Wifel and STEPHEN R. MORSE of Camp Hill, Cumberland county, pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT I WHEREAS, Husband and wife were married on June 19, 1982 in Mechanicsburg, Cumberland County, pennsylvania; and WHEREAS, Husband and Wife are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least the past six monthsl and WHEREAS, oertain differenoes have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since December 20, 19951 and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Codel and 1 . 'I I i i Ii I I WHEREAS, it is the intention and purpose of this Agreement to set forth the respsctive rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between theml and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respeotive ohoice, and the parties now wish to have that agreement reduced to writing I and WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith, Wife was represented by Matthew J. Eshelman, Esquire, and Husband was represented by Michael L. Bangs, Esquire, eaoh of whom have given a full explanation of the same to their respeotive clients I and WHEREAS, the parties make formal note of the fact that Michael L. Bangs, Esquire, is a oustody conoiliator in cumberland County and, as such, is not permitted to aotively participate in any custody matters, and WHEREAS, the parties represent that they have msde informal arrangements concerning custody of the children outside of the purview of the Courtl and WHEREAS, the parties aoknowledge that if the issue of custody beoomes in dispute such that lIusband requires 2 I' J ,I Ii I II Ii I I representation, Hueband may be required to obtain separate I counsel for that issue I and I i WHEREAS, there are two dependent children to the marriage, namely Sean P. Morse, born September 12, 1909, and Amy L. Morse, born Ootober 26, 19931 and, NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as followSI ARTICLE I - SBPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such placs or places as they shall respeotively deem fit, free from any control, restraint, or interference, direct or indireot, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other prooeedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or 3 ~ 4 resumption of marital relations between the parties. The parties shall not be deemsd to have reconoiled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. II ARTICLB II- DIVORCE 2.1 I Thle Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that wife will file a divorce action against Husband, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consente required by Section 3301(c) of the Divorce Code, inoluding the Waiver of Notioe of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covsnant, and representation is made for tho specifio purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible olaims that this Agreement is, for any Husband I Ii reason, illegal, or unenforceable in whole or in part. .1 i I i I, 'I II I I , i and Wife do each hereby warrant, oovenant and agree that, in any possible event, he and she are and shall forever be estopped from ( asserting any illegality or unenforoeability ~d to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are aocepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdictir:il, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce I and that nothing in any suoh decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the partieB that this Agreement shall survive and shall not be merged into any decree, judgment or order of divoroe or separation. 2.3 It is specifically agreed that a copy of this Agresment shall be inoorporated by reference into any divorce, judgment or dsores if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, I I I I i I 5 it being the intent of the parties to permit this Agreement to survive any suoh judgment or decrse. ARTICLB III - EOUITABLE DISTRIBUTION OF MARITAL PROPBRTY 3.1 The parties have attempted to divide their marital property in a manner which oonforms to the criteria set forth in section 3502 of the Pennsylvania Domestic Relations Code, and taking into aocount the following considerations I the length of the marriage, the prior marriages of the parties I the age, health, station, amount and sources of income, vooational skills, employability, estate, liabilities, and nseds for each of the partiesl the oontribution of one party to the education, training or increased earning power to the other partYI the opportunity of each party for future acquisition of capital assets and income I the sources of income of both parties, including but not limited to medioal, retirement, insurance or other benefits I the contribution or dissipation of eaoh party in the acquisition, preservation, depreoiation, or appreciation of marital property, including the contribution of a party ae a homemaker I the value of the property set apart to eaoh party, the standard of living of the parties established during their marriage I the economic ciroumstances of eaoh party, including federal, state and local tax ramifications, at the time of the division of the property is to become effectivol and whether the parties will be serving as the custodian of any dependent minor ohildren. 6 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exohange of assets. The division of property under this Agresment shall be in full satisfaotion of all rights of equitable distribution of parties. 3.3 Husband agrees to relinquish all olaims to any assets that may be acquired by Wife prior to the finalized divorce decree, or as may be listed in paragraph 3.4 below, in exchange for the following assets to bs transferred to Husbandl Sean's Bed' Dresser camping Gear Amy's Bed' Dresser Desk Hutch Table , Chairs Couoh Stereo Chair Table Miorowave , Cart Cameras Washer , Dryer Refrigerator stovs 1991 Msrcury Topaz 1970 Buick or the proceeds thereto Checking Account and $575.00 from Savings 3.4 Wife agrees to relinquish all claims to any assets that may I, be acquired by lIusband prior to the finalized divoroe deoree, or as may listed in paragraph 3.3 above, in exchange for the , following assets to be transferred to Wifsl II " I' I , i 'I II ;1 $9,300.00 Cash Canopy Bed Coffee , End Tables 1909 Plymouth Aoclaim Figurinss Master Bedroom Suit Fan Chairs Television Jewelry $1,240.00 from Savings Acoount 7 ( 3.5 Wife agrees to transfer to Husband all her interest in the marital residenoe at 4 East Oulles Drive, Camp lIill, Cumberland County, Pennsylvania 17011. Husband shall have sole and exclusive possession thereof, and Wife shall if neoessary at any ,\ time make, execute, and deliver any and all documsnts in the il II !! [I 'I II , usual form oonveying, transferring, and granting to Husband all her right, title, and interest in and to the marital residence. In consideration of the transfer of the marital residence at 4 East Oulles Drive, and for the division of the other marital assets as contained in this Agreement, Husband agrees to pay to wife the sum of $9,693.00, said sum to be paid in full as of the date of the execution of this Agreement. Wife acknowledges that she has previously been paid the sum of $9,300.00, leaving a balance of $393.00 due and payable at the time of signing of this II Agreement. 3.6 Wife is aware that Husband participates in a retirement savings plan with R E Wright Environmental, Inc. Wife I aoknowledges that as of the date of the parties' separation, the Ii balance in that plan was $40,911.33. lIusband agrees to transfer one-half of that plan, or $20,455.66, to Wife through a Qualified II Domestic Relations Order. In consideration of the transfer of this portion of Husband's 401(k) plan, Wife hereby waives and releases any claim she may have to the remainder of the plan or B " to participate in it whioh may arise out of her marriage to Husband, and Wife agrees that the remainder of suoh retirement savings plan shall be and remain the sole and separate property of Husband, free and olear of any claim by her, from and after II the date of this Agreement. \ I I lIusband agrees that he will cooperate with the signing of any and all documentation needed to ensure that the portion of the plan benefits identified hereinabove is properly transferred to Wife. 3.7 The parties have agreed between themselves to a division of all household furnishings and personal property which would be considered "marital property" under the pennsylvania Divorce Code. Except as otherwise provided herein, the parties aoknowledge and agree that the assets in the possession of the other spouse shall be that spouse's sole and separate property, each party hereto speoifioally releasing any claim he or she may have with respect to such items. The parties further agree that, as to all assets not specifioally mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby releases any claims therein and aoknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 9 :i ii il , " ! ~TICLE IV - DBBTS OF THE PARTIBS 4.1 During the course of the marriage, lIusband and Wife have inourred certain bills and obligations and have amassed a variety of debts. It ie hereby agreed, without the neoessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, exoept as otherwise provided herein, both parties are equally responsibls for all suoh bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts inourred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase whioh either of them may hereafter make and shall not hereafter oreate any engagements, debts, or obligations in the name of or against eaoh other. ARTICLB V - ALIMONY 5.1 Husband shall pay unto Wife alimony in the amount of six hundred dollars ($600.00) per month for a period of twenty-four (24) months. said period shall oommence January 1, 1996, with the final payment to be paid on Dec6mbsr 1, 1997. It is the intention of the parties hereto that such alimony shall be included in the taxable income of Wife and shall not be included 10 in the taxable income of Husband. This alimony payment is non- modifiable by either party exoept that it shall terminats should Wife oohabit, as that term is defined in the Divorce Code, or remarry. ARTICLE VI - MISCELLANEOUS PROVISIONS 6.1 Attornevs Fees upon Breach. Each of the parties agree that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaohing party shall be responsible for all court costs and attorney fees reasonably neoessary to enforce the Agreement. 6.2 ~dvioe of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstanoes, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that exeoution of this Agreement ie not the reeult of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 Counsel Fees. Husband and Wife agree to be responsible for their respeotive attorney fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity 11 herein, Husband and Wife agree that this Agreement was prepared jointly by their respeotive attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (pa. Super. 1992). 6.4 q I I II the estate of such other, for all times to oome and for all !I li II Ii il I, Ii 'I I Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the such other, of whatever nature and estate of wheresoever situate, which he or she now has or at any time hereafter may have against suoh other, the estate of such other, or any part thereof, whether arising out of any formsr acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowanoe, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime oonveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arieing under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (cl any oountry. The parties further release any claim to all rights whioh either party may have or at any time hereafter have for 12 past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising I as a result of the marital relation or otherwise, except and only I except, all rights and agreements and obligations of whatsoever ji Ii il nature arising or which may arise under this Agreement or for the I breach of any thereof. It is the intention of Husband and Wife to give each other by exeoution of this Agreement a full, II complete and general release with respect to any and all property II II I of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach i I I I of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or I I! expenses. Except as otherwise provided herein, each party hereby I I, il I waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divoroe Code. 6.5 Warranties. Eaoh party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for whioh the estate of the other party may be 13 \ I ,I I responsible or liable, exoept as may be provided for in this Agreement. Each party agrses to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for nscB8sities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, oovenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, oharges, and liabilities incurred by the other after the execution date of this Agreement, sxcept as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter inour any liability whatsoever for which the estate of the other may be liable. 6.6 Modification. No waiver or modifioation of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement olaims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Document Execution. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agre~ment, and ae their respective counsel shall mutually I' II 14 I I i I j' agree should be 80 executed in order to oarry fully and effectively the terms of this Agreement. 6.8 GoverninQ Law. This Agreement shall be oonstrued in aooordance with the laws of the Commonwealth llf Pennsylvania which are in effect as of the execution dats of this Agreement. II 6.9 il II pindinQ. This Agreement shall be binding and shall inure to I I the benefit of the parties hereto and their respective heirs, I executors, administrators, successors, and assigns. I 'I 6.10 I Entire AQreemont. This Agreement constitutes the entire I understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 BeverabilJ.tv. If any term, condition, clause, section, 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 strioken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation 15 ,I II II :1 I under anyone or more of the artioles and seotions shall in no way void or alter the remaining obligations of the parties. 6.12 Eauitable Division. It is specifically understood and agreed that this Agreement oonstitutes an equitable distribution I of property, both real and personal, which was legally and I II I. beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disolosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreemsnt and that thie agreement was entered into in reliance upon that disclosure. 6.14 Enforceabilitv and Consideration. This Agrsement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any ! I independent action may be brought, either at law or in equity, to I I I enforoe the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. 'rhe consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequaoy of the oonsideration for all agreements herein 16 contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determinsd through appropriate legal action that the alleged party has eo breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses aSl!ooiated with litigation inourred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHBREOP, the parties hereto have set their hands and seals the day and year written. . WITNESSED BY I ':iN" /!-('4" ~/4/' /.8. VJJ~<-€fl/ KATHLEE B. MORSE, WIFE ;l1I; I //. ~~ . ?' ;1""'1 f -~!t,;;;. .~ It, I/h~ STEPHEN R. MORSE, HUSBAND 17 I I \, " UI ~ (.. ~ CJl .j.(. \ o,J ~~ ,J,~ ~. [ ",;:1 ,~ J...... (:l '~ ~il t"1 .,-1/'-,. :.1 ':""' ~l ~ill .. "I u. ~~ 0 , KATHLEEN B. MORSE, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I V8. I No. 95 - 7357 CIVIL TERM I STEPHEN R. MORSE, I CIVIL ACTION - AT LAW Defendant I IN DIVORCE PRABCIPB TO TRANSMIT THE RECORD To the Prothonotary I Transmit the record, together with the following information, to the Court for entry of a divorce decreel 1. Ground for Divorce I Irretrievable breakdown under Section 330l(c) of the Divorce Code. 2. Date and Manner of service of the complaint I Defendant's Acoeptanoe of Service dated on August 29, 1996, pursuant to Rule 1930.4(d). See attached Acceptance of Service. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Codel by Plaintiff on Deoember 20, 19961 by Defendant on Deoember 27, 1996. Date of execution of Defendant's Waiver of Notice of Intention to Request Entry of a Divoroe Oecreel December 27, 1996. Ii I Ii Ii Ii 4. Related Claims pending I None - All matters settled. Please incorporate, without merging, the enolosed Separation and I' Property Settlement Agreement into the Divorce Decree. 5. Date and manner of service of the Notice of Intention to Praeoipe to Transmit Record, a copy of which is attached, if the I Deorse is to be entered under Section 3301 (d)( 1)( i) of the Divorce , Codel N/A. Datel ~) ,ii/Ii Respectfully submitted, , . r. ". I / \l\h '-\1,-- Matthew J. Eshelman, Esquire Law Office of Patrick F. Lausr, Jr. 2108 Marke Street, Azteo Building Camp Ilill, Pennsylvania 17011-4706 ID' 72655 Tel. (717) 763-1000 ~ 1t ~i ~.. \' " \J' " .- '6 ~ I-j-t ij~ ,-.;.:1 ," ....J .-~ y ~~ \~m III :L: ~ f3 ~ \0 ~. CJ1 :c a. KATHLEEN B. MORSE, I IN THE COURT OF COMMON PLEAS Plaintiff I OF CUMBERLAND COUNTY, PENNSYLVANIA I No. 9t, 73:; 7 e,v,./hn.."1 VB. I I STEPHEN R. MORSE, I CIVIL ACTION - LAW DefendAnt I IN DIVORCE NOTICB You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt aotion. You are warned that if you fail to do so, the case may proceed without you and a decree of divoroe or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or othsr rights important to you. When the grounds for the divoroe is indignities or irretrievable breakdown of the marriage, you may request marriage oounseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 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 TBIS PAPER '1'0 YOUR LAWYER AT ONCE. IF YOU DO NOT DAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELBPIIONB TOB OPFICB BBT FORTn BELOW TO FIND OUT WnERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTIIOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 KATHLEEN B. MORSE, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I vs. I No. I STEPHEN R. MORSE, I CIVIL ACTION - AT LAW Defendant I IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 330l(c) or 3301(d) OF THE DIVORCE CO DB The Plaintiff, Kathleen B. Morse, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce I 1. The Plaintiff, Kathleen B. Morse, is an adult individual who ourrently resides at 4 East Oulles Drive, Camp Hill, cumberland County, Pennsylvania 17011. 2. The Defendant, Stephen R. Morse, is an adult individual who ourrently resides at 4 East Dulles Drive, Camp lIill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and the Defendant have been residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this complaint. 4. The Plaintiff and the Defendant were married on June 19, 1902 in Meohanicsburg, Cumberland County, Pennsylvania. COUNT I - DIVORCB 5. Paragraphs one through four are incorporated herein by reference. 6. There has never been a prior action of divorce or annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of marriage counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in couneeling. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter pursuant to Section 3301(0) or (d) of the Divorce Code. COUNT II - EOUITABLE DISTRIBUTION 9. Paragraphs one through eight are incorporated herein by reference. 10. The parties to this action have acquired interests in property during the oourse of their marriage. 11. As of the date of the filing of this Complaint, the parties have been unable to reach an agreement in writing as to the division of the marital assets. WHEREFORE, the Plaintiff requests Your Honorable Court to incorporate into the Divorce Deoree any Stipulation reached by the parties regarding the divieion of the marital assets I or, in the alternative, to equitably divide, distribute, or assign the marital property between the parties without regard to marital misconduct in suoh proportion as the Court deems just after consideration of all relevant factors and to enter an Order of Equitable Distribution of marital property pursuant to 23 Pa, C.S.A. Section 3502(0) of the Divorce Code. COUNT III - ALIMONY AND ALIMONY PBNDBNTB LITB 12. paragraphs one through eleven are inoorporated herein by referenoe. 13. The Plaintiff is the dependent spouse. The plaintiff lacks sufficient propsrty to provide for her reasonable means is unable to support herself completely through appropriatl! employment. 14. The plaintiff requires reasonable support to adequately maintain herself in aooordance with the standard of living established during the marriage. WHEREFORE, the plaintiff requests the court to grant enter an award of reasonable alimony upon final hearing and permanently thereafter, and to permit the plaintiff an interim hearing before the Divorce Master in order to determine whether an award of alimony pendente lite is appropriate and, if so, in what amount. Datel ~ Matthew J. E helman, Bsquire Law Offioes 0 Patr1ck F. Lauer, Jr. 2108 Market street, A~teo Build1ng Camp Hill, psnnsylvania 1701l-4706 IOH 72655 TsL (717) 763-1000 KATHLEEN B. MORSE, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I vs. I No. I STEPHBN R. MORSE, I CIVIL ACTION - AT LAW Defendant I IN DIVORCE VBRIPICATION I, Kathleen Morse, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above Complaint are true and correct to the best of my knowledge, information and belief. I realize that false statements herein are subjeot to the psnalties for unsworn falsification to authorities under 18 Pa, C.S. S 4904. ~g/ftt4U /h~t4L Kathleen Morse Date I ':-f?~~ I PP..r . 'I , . .. . , :1 II Ii I! KATHLEEN B. MORSB, d Plaintiff II II vs. Ii : i STEPHEN R. MORSE, II Defendant ; I i I I IN THB COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PBNNSYLVANIA ! I I '! I No. 95 - 7357 CIVIL TERM I I CIVIL ACTION - AT LAW I IN DIVORCE r " Ii II " I' II 'I I' Pennsylvania Rule of civil Procedure, Rule 1930.4(d). i I I I I i I Ii I ,I II I' II !I il Ii p II II I 'I II. i, , ! i , ' , I I ACCEPTANCE OP SBRVICE I accept service of the COMPLAINT IN DIVORCE pursuant to i I certify I' that I am authorized to acoept service on behalf of the Defendant. / Esquire Defendant) Ivl Miohael L. Bang , (Attorney for t e I I ) Date I 'Y .' I ! I .!;'#~' Ld " II{ .. II 'I ~ ~ ~t it lc " '\1 I-' ~ ~ ?; .u. ~1.( ~, i:h~) :c Ll t~ 0.. f;:j 8 o :>'Vj C"i ,J~T t:J mfE ~ ~ 1;1', 0 ,-"."-::::1 \ \'_'. c. ';:'../ ltl . '\:':;] l, !;.... I' Cf).) \, ,',1:1 J c:. ~ ;a .~ 'J I .. " '-:v_._.-, . .t I . " t f ,. I KATHLEEN B. MORSB, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I VS. I No. 95 - 7357 CIVIL TERM I STBPHEN R. MORSE, I CIVIL ACTION - AT LAW Defendant I IN DIVORCE PLAINTIFP'S AFFIDAVIT OF CONSENT UNDER SECTION 330lfcl OF TilE DIVORCE CODB 1. A complaint in divorce under Seotion 3301(c) of the Divorce Code was filed on the 20th day of Dscember, 1995. 2. The marriage of the Plaintiff and the Defendant is ~rretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notioe of intention to request entry of the deoree. 4. I verify that the statements made in this affidavit are true and correot. I understand that false statements herein are i made subject to the penalties of 10 Pa, c.S. S 4904 relating to unsworn falsifioation to authorities. Signaturel /( " , 'l~ d..a6!~~ It-.--- I') / I ~ t i).U- Kathleen B. Morse Date I p/;c/q&. r , Sworn to and subsoribed to before me this day of , 1996. Notary Publio r Lf} ~ M 'J' M "j 'J"!: , t.:; ~' - '):l ..... r: a.. '~ ,y' (, 0 'L'~ b M lil,,~ " Ll 'lIE jl.: ~J -I l}. t:i VJ ~ C7\ 966~ 8 t ,~i~W1 \_-Jd J\ \UCJ0J~~ . ., . . .. I . "' . . " .. KATHLEEN B. MORSE, I IN THE COURT OF COMMON PLEAS OF plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I vs. I No. 95 - 7357 CIVIL TERM I STEPHEN R. MORSE, I CIVIL ACTION - AT LAW Defendant I IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDBR SECTION 3301101 OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divoroe Code was filed on December 28, 1995. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date , of the filing 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 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 10 Pa, C.S. S 4904 relating to unsworn falsification to authorities. '~)1/Y~ Da e , Signature I ~n. ~17\.~ Step en R. Morse i I . .. ' . .. . . .. , . ... - KATIILEEN B, MORSE, I IN TilE COURT OF COMMON PLEAS OF plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I VB. I No. 95 - 7357 CIVIL TERM I ! STEPIIEN R. MORSE, I CIVIL ACTION AT LAW Defendant I IN DIVORCE DBFBNDANT'S WAIVER OF NOTICE OF INTBNTION TO nBQUEST BNTRY OF A DIVORCB DBCREB UNDER SECTION 330l(cl OF THE DIVORCB CODE 1. I consent to the entry of a final decree of divorce i I' il II without notice. II il 2. I division of property, lawyer's fees, or expenses if I do not claim I them before a divorce is granted. I 3. I II decree is entered by the Court and that a oopy of the decree will II be sent to me immediately after it is filed with the prothonotary. :! 'i 4. I verify that the statements made in this affidavit are I understand that I may lose rights concerning alimony, I understand that I will not be divorced until a divoroe q I understand that false statements hsrein are : I true and correot. II made subject to the penalties of 10 Pa, c.S. S 4904 relating to 11 Ii unsworn falsification to authorities. II I, II \' signaturel ,~M.-It, Yh.~ Step en R. Horse plJ1!~~) II " II II il ~ If) E ~ r:. to,:! .. , J,s Ii: C'l (.): -. (lrr .... n. ("\0::", f. .~.. ...... I' 0 ~d/l I.. rl .:J ;~~ II. li1tE \11 L' ,!.: u. t.1 Cl ~ ~ '0 en . . , - ". ;, .. ;