Loading...
HomeMy WebLinkAbout03-0801RAYMOND A. BURDGE, SR., Plaintiff BEVERLY A. BURDGE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 'NO. 2003- ~70 [ CWIL TERM : CIVIL ACTION - LAW : IN DIVORCE 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FII~E 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, Pennsylvania 17013 (717) 249-3166 RAYMOND A. BURDGE, SR., Plaintiff Vo BEVERLY A. BURDGE, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003- CIVIL TERM · CIVIL ACTION - LAW · IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Raymond A. Burdge, Sr., through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Raymond A. Burdge, Sr., is an adult individual who currently resides at 529 Springfield Road, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant, Beverly A. Burdge, is an adult individual who currently resides at 529 Springfield Road, Shippensburg, Cumberland County, Pennsylvania. 3. The Defendant and the Plaintiff have been bona fide 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 May 30, 1998 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Raymond A. Burdge, Sr., respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. Date: Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX 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. § 4904, relating to unsworn falsification to authorities. ~"~]~ond A. Burd~e, ~., Plaintiff RAYMOND A. BURDGE, SR., Plaintiff BEVERLY A. BURDGE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-801 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 3rtl day of March 2003, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Raymond A. Burge, Sr., and states that he had cause to be mailed a certified copy of a Complaint in Divorce to the Defendant, Beverly A. Burge, by certified, restricted delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on January, 26, 2003. Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX · Com~ items 1.2, and 3. AJso complete item 4 If Restricted Deflvef7 is desired. so mat we can return Itm card to you. · Attach th~ card to the back of the mailpiece, 7002 0860 00 ~ Ps Fo.~ 3811. A,~,,st ~X~l ~o~uc Remm Rec~r~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Raymond ^. Burdge, Sr., Plaintiff, VS, Beverly A. Burdge, Defendant, Civil Action - Law No. 2003-801 Civil Term In Divorce a v.m. NOTICE TO PLEAD To: Raymond A. Burdge, Sr. You are hereby notified to file a written response to the attached Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. BARLEY, SNYDER, SENFT & COHEN, LLC By: M,~ha B. Vi/all, er, Esquire A{torney for Defendant 1157803-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Raymond A. Burdge, Sr., Plaintiff, VS. Beverly A. Burdge, Defendant, Civil Action - Law No. 2003 - 801 Civil Term In Divorce a v.m. COUNTERCLAIM The Defendant, BEVERLY A. BURDGE, makes the following counterclaim against the Plaintiff, RAYMOND A. BURDGE, SR. COUNT ONE EQUITABLE DISTRIBUTION 1. Defendant incorporates by reference the allegations contained in Paragraphs 1 through 9 inclusive of Plaintiff's Complaint, as fully as though set out at large herein. 2. The Plaintiff and Defendant own and possess various items of personal and real property which are subject to equitable distribution by this Court. WHEREFORE, Defendant requests an Order determining and disposing of existing property rights and interests between her and Plaintiff. COUNT TWO ALIMONY 3. Defendant incorporates by reference the allegations contained in Paragraphs 1 through 9 inclusive of Plaintiff's Complaint, as fully as though set out at large herein. 4. The Defendant is without sufficient property to provide for her reasonable needs, and is unable to adequately support herself through her employment. 5. The Defendant cannot support and maintain herself in the style she was maintaining prior to the separation of the Plaintiff and Defendant without continued financial assistance from the Plaintiff. WHEREFORE, pursuant to Section 3701, et seq. of the Divorce Code, "Alimony" Defendant respectfully requests your Honorable Court to order Plaintiff to file within thirty days of service of this Counterclaim upon Plaintiff, a complete income and expense 1157803-1 statement and to require the scheduling of a hearing to determine Defendant's entitlement to alimony, and if so, the amount. COUNT THREE ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES 6. Defendant incorporates by reference the allegations contained in Paragraphs 1 through 9 inclusive of Plaintiff's Complaint, as fully as though set out at large herein. 7. The Plaintiff has refused to enter into any reasonable and fair Property and Separation Agreement, and Defendant will incur substantial legal fees in that regard. 8. Furthermore, the resolution of the issues raised by this Counterclaim will require Defendant to incur considerable additional expenses and costs. 9. The Defendant is without sufficient means to adequately support herself and to meet the costs and expenses of this litigation and is unable to maintain herself during the pendency of this action. 10. The Plaintiff is presently retired but is also employed on a part-time basis with Cumberland County Transportation. Plaintiff's exact income is unknown to Defendant but does exceed that of Defendants. 11. The Defendant is presently employed at Bon-Ton with an approximate gross annual income for 2002 of $19,000.00. WHEREFORE, pursuant to Section 3702, et. seq., of the Divorce Code, "Alimony Pendente Lite, Counsel Fees and Expenses", Defendant respectfully requests your Honorable Court to Order Plaintiff to file within thirty days of service of this Counterclaim upon Plaintiff, a complete income and expense statement, and to require the scheduling of a hearing to determine Defendant's entitlement to alimony pendente lite, counsel fees and expenses, and if so, the amount. BARLEY, SNYDER, SENFT & COHEN, LLC By: 1157803-1 I verify that the statements made in this Counterclaim 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. Beverly A. Bu(dge, Defendan'~ 1157803-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Raymond A. Burdge, Sr., VS. Beverly A. Burdge, ) Plaintiff, ) ) ) ) ) Defendant, ) Civil Action - Law No. 2003-801 Civil Term In Divorce a v.m. ACCEPTANCE OF SERVICE I, Thomas S. Diehl, Esquire, attorney for Plaintiff irt the above-captioned matter, do acknowledge that I have received a tree and attested copy of the Counterclaim filed in the above- captioned matter on April 11, 2003. I certify that I am authorized to accept service on behalf'of~ff. TA(j~n~ S. D~hl, Esquire Attorney for Plaintiff 1179648_1.DOC RAYMOND A. BURDGE, SR., Plaintiff/Petitioner BEVERLY A. BURDGE, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-801 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR AWARD OF EXCLUSIVE POSSESSION OF MARITAL RESIDENCE Raymond A. Burdge, Sr., Petitioner, by and through his attorney, Thomas S. Diehl, Esquire, respectfully avers in support of his Petition: 1. Petitioner is Raymond A. Burdge, Sr., Plaintiff in the original action filed February 24, 2003. 2. Respondent is Beverly A. Burgde, Defendant in the action. 3. The parties are the fee simple owners of real property located at 529 Springfield Road, Shippensburg, Cumberland County, Pennsylvania. 4. Said property was used as the parties' marital residence, hereinafter referred to "marital residence", until June 1, 2003. 5. On or about June 1, 2003, the Respondent voluntarily moved from the marital residence to an unknown location. 6. Upon leaving the marital residence, the Respondent took with her more than half of the household furnishings. 7. Since Respondent has left the marital residence, she has returned at various times without notice to retrieve additional items from the marital residence. 8. Respondent's unannounced visits prohibit Petitio:aer from exercising quiet enjoyment of the marital residence. 9. Respondent's unannounced visits further place t/he parties at an unnecessary risk of a domestic dispute. 10. Respondent is represented by Martha B. Walker, Esquire. WHEREFORE, Petitioner, Raymond A. Burdge, Sr., respectfully requests this Honorable Court to enter an Order awarding him of exclusive possession .... Respectfully submitted, Date: June 22, 2003 Attorney for Petitioner One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing Petition are tree 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. "t~IOND A. B~JP,[DGE, ~R., P~t'itioner CERTIFICATE OF SERVICE I hereby certify this 22na day of June 2003, that a tree and correct copy of the foregoing document was served on the following individual via first-class mail, postage prepaid: Martha B. Walker, Esquire Barley Snyder 247 Lincoln Way East Chambersburg, PA 17201 ./[~ma~erly L. ~I/o~gh Legal Assistant RAYMOND A. BURDGE, SR., Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-801 CIVIL TERM BEVERLY A. BURDGE, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this ~t~ day of ~"~ a ~_ ~__ the Petition for Award of Exclusive Possession of Marital Residence., IT IS HEREBY ORDERED as follows: 1. A Rule is issued upon Respondent to show cause why the Petitioner is not entitled to the relief requested; Respondent shall file an Answer to the Petition within ~:~/ days of receipt of this Order; 3. 4. 5. ,2003, upon consideration of The Petition shall be decided under Pa.R.C.P. No. 206.7; Depositions shall be completed within ~ f days of receipt of this Order; A hearing on disputed issues of fact shall be held on the ~?o?]~ day of ~t ' 2003, at /i,.~) o'clock ~0 .m. in the assigned Courtroom of the Cumberland County Courthouse; and 6. If paragraphs 4 and 5 are not completed, depositions, argument, or both will be considered upon the request of either party. 7. NOTICE OF THE ENTRY OF THIS ORDER SHALL BE PROVIDED TO ALL PARTIES BY THE PETITIONER. BY THE COURT: RAYMOND A. Plaint BEVERLY A. Defen¢ upon consi¢ Exclusive an agreeme Raymond A. Esquire, a~ by Martha follows: possession within 10 sweaters. home withc notice sha intention unreasonab purpose is BURDGE, SR., : IN THE COURT OF COMMON PLEAS OF iff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE BURDGE, : ant : NO. 03-801 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of September, 2003, .eration of Plaintiff's Petition for Award of 'ossession of Marital Residence, and pursuant to .t reached in open court between the Plaintiff, Burdge, Sr., represented by Thomas S. Diehl, ~d the Defendant, Beverly A. Burdge, represented 3. Walker, Esquire, it is ordered and directed as 1. Plaintiff's petiticn for exclusive is hereby dismissed without prejudice. 2. Plaintiff shall return to Defendant, lays of this order, her coin collection and 3. Defendant shall not. access the marital ~t 10 days' prior notice to Plaintiff, which [1 include a statement of the reason for her zo enter the premises. Plaintiff shall not Ly refuse Defendant entry, provided a reasonable stated by her. action for ~homas S. For the Pla ~artha B. ~ For the Del wcy 4. Defendant may reinstitute a subsequent exclusive possession, if neoessary iehl, Esquire intiff By the Court, J~Wesley O~ Jr., J~ alker, Esquire endant ~ ' . SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA RAYMOND A. BURDGE, SR., VS. BEVERLY A. BURDGE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-801 CIVIL TERM IN DIVORCE A v.m. PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of tile Plaintiff, Raymond A. Burdge, Jr., in the above captioned case. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Ca,bi Jt Lifldsay,",F~squire ID~44~93 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA RAYMOND A. BURDGE, SR., VS. BEVERLY A. BURDGE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 2003-801 CIVlLTERM : : : IN DIVORCE A v.m. PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Defendant, Raymond A. Burdge, Sr., in the above captioned case. "Thomas Diehl, Esquire 1 West High Street P.O. Box 1290 Carlisle, PA 17013 (717) 240-0833 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Streel Carlisle, PA RAYMOND A. BURDGE, SR., Plaintiff v BEVERLY A. BURDGE, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-801 CIVIL TERM : : CIVIL ACTION-LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER §3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under {}3301 (c) of the Divorce Code was filed November 19, 2003. 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 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 unsworn falsification to authorities. Date: ~,a~mond'A Burc~ge, Sr., Plaint'ff PLAINTIFF'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 Divome 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 l~rue 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 Date: ¢ ~'-' '"' '~ Ray~-o~fl'.~; ~urdge, Sr. Plaf~iff ' SAIDIS SHUFF, FLOWER & LINDSAY ii W. Hffh Street Carlisle, PA RAYMOND A. BURDGE, SR., Plaintiff/Petitioner V BEVERLY A. BURDGE, DefendantJRespondent :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-801 CIVIL TERM : : CIVIL ACTION-LAW : IN DIVORCE .PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this ~ day of//~~ 2004, by and between RAYMOND A. BURDGE SR.,Vof 52§ " ' Springfield Road, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband, and BEVERLY A. BURDGE of 1169 Warm Spring Road, Chambersburg, Franklin County Pennsylvania, hereinafter referred to as Wife. RECITALS: R.I: The parties hereto are Husband and Wife, having been joined in marriage on May 30, 1998 in Mechanicsburg, Pennsylvania; and R.2: Husband has filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania on February 26, 2003; and R.3.' The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4.' The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. SAIDI$ SHU~ FLOWER & LINDSAY 26 W. High Street Caflfsle, PA NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION.' It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divome decree in the above-captioned divorce action. On the same day as the date of this agreement, the parties will execute Affidavits of Consent and Waivers of Notice and Husband shall promptly finalize the divome. (3) REAL PROPERTY: The parties are owners of certain real estate at 529 Springfield Road, Shippensburg, Cumberland County, Pennsylvania. The same day she executes this agreement, Wife will also execute a special warranty deed SAIDIS SHUFF, FLOWER & LINDSAY 26 W. Hfsh Street Carlisle, PA transferring to Husband all her dght, title and interest in the marital home. The deed shall be held in escrow by Wife's attorney pending payment by Husband to Wife of $83,000.00 which payment shall be made within 45 days of the date of this agreement. Wife's counsel will exchange the deed for the $83,000.00 payment. Husband shall be solely responsible for any charges on account of the home including taxes, insurance and utilities and shall indemnify and hold Wife harmless on account of any such charges. Husband shall have exclusive possession of the home from the date of this agreement forward upon payment of the amounts set out herein and Wife waives all her dght, rifle and interest in the marital home. Wife waives any interest she may have in Husband's pre-marital cabin in Amberson Valley. (4) DEBT: A. MARTIAL DEBT: The parties warrant one to the other that they know of no debt which they incurred dudng the course of the marriage for which the other may be liable. B: Post Separation Debt: In the event that either party contracted or incurred any debt since February 1, 2003 the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Wife will retain the 2000 Chevrolet Blazer and Husband shall retain the 2003 Ford Explorer Sport Track. Each party shall execute any documents necessary to transfer title of the named vehicles. {6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household fumishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. Within ten (10) days of the date of this agreement, Wife will retum to Husband the garage door opener and the folding chairs and card table. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any dght, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement SAIDIS SHUI~F, FLOWER & LINDSAY 26 W. HiSh Stgee~ Carlisle, PA accounts, savings plans, pension plans, stock plans, 401K plans and the like. (8) ALIMONY: Husband will pay to Wife alimony in the amount of $399.26 commencing the 11th day of the month following the execution of this agreement and payable on the same day of each following month through October 11, 2004 when it shall cease. Alimony shall be paid through the Office of Domestic Relations, in the Court of Common Pleas of Franklin County, Pennsylvania. Presently, Wife is receiving spousal support in the same amount. It is the intention of the parties that the spousal support order terminate and be replaced with the alimony as set out in this agreement. Spousal support order is entered to the number DRS 2003-00429. Within ten (10) days of the date of this agreement Wife will provide to the Office of Domestic Relations an authorization to recalculate the arrears as of June 1st, 2003 rather than April 11, 2003 as the July 16, 2000 order calculated them. Within ten (10) days of the recalculation of the arrears, Husband will pay them in full. Further, within ten (10) days of the recalculations of the arrears, Husband will pay to Wife unreimbursed medical expenses in the amount of $380.74. Husband shall have no further obligation for unreimbursed medical expenses for Wife. The alimony set out herein is non-modifiable and shall terminate upon the death of Husband or Wife or Wife's re-marriage or cohabitation with a member of the opposite sex within the degrees of consanguinity. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Slreel Cadlsle, PA Husband is represented by Carol J. Lindsay, Esquire and Wife is represented by Marry Walker, Esquire. Each party acknowledges and accepts that this agreement is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (t 1) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnifij and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint retums. (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such SAIDIS SHUFF, I~,OWER & LINDSAY 26W, High Stree~ Carlisle, PA bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in SAIDI$ SHUFF, & LINDSAY 26W, Hi~hStr~ Carlfile, PA lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (t6) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All dghts of courtesy and dower and all claims or dghts in the nature of courtesy and dower; D. All widow or widower's rights; E. Ail right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; SAIDIS SHUFF, FLOWER & LINDSAY 26 W. HiBh Street Carlisle, PA and (2) under the laws of intestacy; (3) to a family exemption or similar allowance; (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision· F. All dghts or claims to any accounting; G. All dghts, claims, demands, liabilities and obligations adsing out of or in connection with the madtal relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the previsions of the Pennsylvania Divome Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other· (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any prevision of this Agreement is determined to be invalid or unenfomeable, ail other provisions shall continue in full fome and effect. (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may SAIDIS SHb'FF, FLOWER & LINDSAY 26 W. Hlfh Street Carlisle. PA be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the dght, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: Beverly//[. Burdge / -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Raymond A. Burdge, Sr., ) Plaintiff, ) vs. ) ) ) Beverly A. Burdge, ) Defendant. ) Civil Action - Law No. 2003-801- Civil Term In Divorce a v.m. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) or 3301(d) of the Divorce Code was filed on February 24, 2003. 2. The marriage of Plaintiff and Defendant is irrelrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce at, er service of notice of intention to request entry of the decree. 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. Date:~ everly A. B'urdge, De£endan~ -- 1293071 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Raymond A. Burdge, Sr., ) Plaintiff, ) vs. Beverly A. Burdge, Defendant, Civil Action - Law No. 2003-801-Civil Term In Divorce a v.m. WA/VER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ill 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 oftha decree will be sent to me immediately after it is filed with the Prothonotary. I veri~ that the statements made in this Waiver 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. eveny A. Bu~lge, Defendant f- 1293071 RAYMOND A. BURDGE, SR., Plaintiff V BEVERLY A. BURDGE, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-801 CIVIL TERM : : CIVIL ACTION.LAW : IN DIVORCE PRAFCIP~: TO TRANSMIT 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) ,,~30'~;3};1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Defendant was served via Certified Service on February 26, 2003 and a copy of the Affidavit of Service signed by Thomas S. Diehl, dated March 3, 2003 and filed with the Prothonotary on March 6, 2003 is attached. 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 July 2, 2004; by the Defendant July 19, 2004. 4. Related claims pending: J~Jone: R~--~lved h_v M~rit~l Pr~.n~.r~. SeDnmtion Anreemnnt dated July 5. 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: July 2, 2004 Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: j u,y 28, 20.04 ~,,~,,,,,~,,?//~ Carol J. Lindsa~ E~juJ~'e Supreme Cou ID~693 Saidis, Shuff, F ol~wer & Lindsay 26 West High Street Carlisle PA 17013 Phone: 717.243.6222 Attorney for Plaintiff iN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF ~~~ PENNA. RAYMOND A. BURDG~, SR. PlEaS PLAINTIFF VERSUS BEVERLY A. BURDGE ~FENDANT NO. 2003-801 DECREE IN DIVORCE AND NOW, , ~,g~6~ IT IS ORDERED AND DECREED THAT_ Raymond A. Burdge, Sr. , PLAINTIFF, AND Beverly A. Burdge , 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; NO~e: The terms of the marital settlement agreem-nt of July 9, 2004 are incozporated but not merged into the Decree in Divorce. BY THE COURT://? /~ I r~ul ~O~DTA Ry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BRANCH Raymond A. Burdge, Sr., VS. Beverly A. Burdge, Plaintiff, Defendant, Civil Action - Law No. 2003-801 CIVIL TERM In Divorce a v.m. NOTICE OF ELECTION TO RETAKE PREVIOUS NAME Notice is hereby given that the Defendant in the above-captioned matter, having been granted a Final Decree in divorce from the bonds of: matrimony on the ~N/~ day of ('~,c~Z~,0/ , 2004, hereby elects to retake and hereafter use her previous narrCe'of BEVERLY ANN ALLEMAN and gives thiis written notice avowing her intention in accordance with the provisions of the Act of May 25, 1939, P.L. 192 as amended. Beverly Ann To be known as: Bbverly Ann~lleman COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF FRANKLIN ) On the ~V~ day of ~_z~.~/ , 2004, before me, a Notary Public, personally appeared Beverly A. Bu~dge known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. 1280652 ~TNotary Public COMMONWEALTH OF PENNSYLVANIA Notadal Seal Stacey A. Shank, N(Yary Public Chambersburg Bom, Franklin Cou~iy My (~3mmlssion Expires Jan. 12, 2008 Member Pennsylvania Association Of No a es