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HomeMy WebLinkAbout97-02978 CBARLBS T. BURDICK, Plaintiff vs. IN THB COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. q7- .J.97P Ciu, ( KtLlll CIVIL ACTION - LAW IN DIVORCE LINDA L. BURDICK, Defendant NOTICB TO DBPEND 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 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 THIS PAPBR TO YOUR LAWYER AT ONCB. IF YOU DO I NOT DAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE I OFFICB SBT FORTH BBLOW TO FIND OUT WBBRB YOU CAN GET LEGAL HELP. I I I I I i COURT ADMINISTRATOR CUMBBRLAND COUNTY COURTHOUSB 1 COURTHOUSB SQUARE CARLISLE, PA 17013 (717) 240-6200 ~- l1\ ( La; r::~:':J: :": I. . I U r:- t 1 (0.. '. I ~ - .' ,. ," ) .... " - - -f. a t--.J ~~ 8. 8 I../}' t-) . <:-... ;!J 'b<J. - .~ t.,... ~ -. ....~ ~. " I (7 "'", . . '. 1" .' ..~ , t....,.'....... PATRICK F. LAUER, JR. Attornoy 01 Low 210M M3fL.tl SIn.'d Alt<< Uuihhni! CalOp Iltll. P^ 17011 17I7,76,1.1KlM' ,,'\ V ~ C"- ~ ~ N (\{)!..ry ~~ ~~ ~ ... li~ _ ~~ L~.~ ~ ..l = ~ '5 i!: ;:;; ~t'n=s~ ..... E ;:g II :c;::: ... 00 1'l c..- u.s:!<5~ ii/< N U ~ c.; '. COUNTERClAIM IN IJ!VORCE UNIJER D!VORCE CODE NOW COMES. the above name defendant, Linda L. Burdick, to the aforementioned Divorce Complaint and plaintifl'in this Counterclaim by and through her counsel Grego!)' S. Hazlett, Esquire and alleges and avers the following as hereinafter cited in separately numbered Counts and paragraphs in support of her Counterclaim. COUNT I ALIMONY PENDENTE LITE 1. Defendant, ie (Plaintill'in this Counterclaim) Linda Burdick lacks sufficient income and resources to provide for her reasonable needs during the pendancy of this action. 2. Defendant, (Plaintiff in this Counterclaim) Linda Burdick anticipates consuming a significant portion of her disposable income to defend against and litigate issues relative to her involvement and participation in the above referenced action initiated by her husband plaintiff in this divorce action due to the parties incapacity to reach an acceptable agreement/resolution of marital issues up to this point. 3. Defendant, alleges and avers that she is and will be in need of financial support during the pendancy of this action to defray the costs and expenses associated with her involvement in this action which heretofore equal $850.00 paid in counsel fees and which she anticipates will increase commensurate with the level of legal avenues which she may be predisposed to utilize due to discord as between the parties. 4. Defendant, ie (Plaintiff in this Counterclaim) alleges and avers that in the absence of financial support from plainlill; in the divorce complaint (delendantto this Counterclaim) she will be prejudiced in the exercise of her legal rights, and responsibilities which she may be entitled to, and required to pursue so as to preserve the potential benefits associated therewith. . 5. Plaintiff, Charles T. Burdick has sufficient income derived from his full time employment which substantially exceeds that of defendant's primarily due to the latter's unemployment. . . '. WHEREFORE, Defendant, prays this Honorable Court grant her Alimony Pendente Lite, Costs & Expenses during the pendancy of this action and attorney's fees relative to all stages of this action. COUNT 11 ALIMONY 6. The averments of paragraphs 1 through 5 of Count I of this Counterclaim are incorporated herein as if set forth verbatim. 7. Defendant, Linda L. Burdick, alleges and avers that subsequent to the entry of a divorce decree that she will be in need of Alimony subsequent to the entry of the same for a period as determined by the Honorable Court for the reasons as hereinafter cited. 8. Defendant, states that subsequent to the entry of the divorce decree she will encounter financial constraints derived from the costs and expenses associated with maintaining a lifestyle which she currently is accustomed to during her marriage to plaintiff. 9. Defendant, declares that due to the disparate level of income as between herself and plaintiff, husband she will be unable to fulfill her reasonable needs and sustain that lifestyle for which she has become accustomed during her marriage. 10. Defendant alleges and avers that in the absence of such Alimony defendant will be unable to provide for her basic necessities and fulfill her financial obligations as they become due subsequent to the entry of a divorce decree. WHEREFORE, Plaintiff prays that this Honorable Court grant her Permanent Alimony subsequent to the entry of a Decree in Divorce until such time as the law will allow and provide. COUNT III PETITION FOR EQUITABLE DIVISION, DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 11. The averments of paragraph I through 10 of Count I, and II, are incorporated herein ..... 0 (; Cr. If' i~ ~- rf: :.')...: LlIC! r'~"'!. U'-~ - C)::' u.: ~~ ,'- :.:\3 O'~ ."" ..- . c: - "'~(n 0'": N ":1:':':-: U.lC-. ~1:Z rr.:r,l t!'J 'tIU.J :;J :Da. f:': 00:1 5 Ll.. r- ,. 0 cr u .' . ~ G ~ ~ ~ C) . ~ ~ "Cl f' ~ ........ 1\) -6 1 -J ')l. ().. 'V' -.3 "n ~ .. \I) \J) ~ . . , .