HomeMy WebLinkAbout01-4502
COLLEEN MARIE SEELEY-BURNHAM, )
Plaintiff )
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
No. 01 -4Sru - Civil Term
-
v.
In Divorce
DAVID MARTIN BURNHAM,
Defendant
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 the divorce is indignities or irretrievable breakdown ofthe 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 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
Lawyer Referral Service
2 Liberty Avenue, Carlisle, PA 17013
Telephone: 717.249.3166
DAVID MARTIN BURNHAM,
Defendant
COLLEEN MARIE SEELEY-BURNHAM, )
Plaintiff )
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
No.
- Civil Term
v.
IN DIVORCE
COMPLAINT IN DIVORCE
UNDER SECTIONS 3301(a), 3301(c) AND 3301(d) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Colleen Marie Seeley-Burnham, by and through
her attorneys, The Law Offices of Richard C. Gaffney, who files this Complaint under Sections
3301(a), 3301(c) and 3301(d) of the Divorce Code, and who, in support thereof, respectfully
represents that:
I. The Plaintiff is Colleen Marie Seeley-Burnham, who presently resides at 4831 Charles
Road, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. The Defendant is David Martin Burnham, who presently resides at 4831 Charles Road,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. The Plaintiff and the Defendant are sui iuris and both have been bona fide residents of the
Commonwealth of Pennsylvania for a period of more than six months immediately
preceding the filing of this Complaint.
4. The Plaintiff and the Defendant were married on October 30, 1994 in Alexandria, Fairfax
County, Virginia.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The Plaintiff has been advised that counseling is available and that the Plaintiff may have
the right to request that the court require the parties to participate in counseling.
I
7. The causes of action and sections of the Divorce Code pursuant to which the Plaintiff is
proceeding and under which the Plaintiff is entitled to the entry of a Decree of Divorce
are as follows:
a. Section 3301(a) relating to fault based grounds. The Plaintiff believes and
therefore avers that:
i. The Defendant committed adultery.
11. The Defendant offered indignities to the innocent and injured
spouse so as to render that spouse's condition intolerable and life
burdensome.
111. The Plaintiff is the innocent and injured spouse.
IV. The Plaintiff is entitled to a decree of divorce under Section
3301(a)(2) of the Divorce Code or, in the alternative, under Section
3301(a)(6) of the Divorce Code.
b. Section 3301(c) relating to mutual consent to divorce. The Plaintiff
believes and therefore avers that:
i. The marriage is irretrievably broken.
11. The Plaintiff intends to file an affidavit consenting to a divorce
after ninety (90) days have elapsed from the date of filing and
service ofthis Complaint.
iii. The Defendant will also file an affidavit consenting to a divorce
after the passage of said ninety (90) days.
iv. The Plaintiff is entitled to a decree of divorce under Section
3301(c) of the Divorce Code.
c. Section 3301(d) relating to irretrievable breakdown. The Plaintiff believes
and therefore avers that:
i. The Plaintiff and the Defendant separated on July I I, 2001 and
have continued to live separate and apart since then.
2
ii. The marriage is irretrievably broken.
iii. After the passage of a period of two years from the date
of separation, the Plaintiff will be entitled to a decree of divorce
under Section 3301(d) of the Divorce Code.
8. There are two children of the parties who are under the age of majority, to wit: Theresa
Leigh Burnham, born August 23, 1992 and Jacqueline Martens Burnham, born June 7,
1996.
9. There is currently in effect a valid Order from a court of competent jurisdiction
concerning custody of the minor children. A copy of the aforesaid CustodyNisitation
Order (entered at Case No. J-I0157-10-00 and J-10158-01-00 by the Alexandria Juvenile
and Domestic Relations District Court, Commonwealth of Virginia) is attached hereto as
Exhibit A, and is incorporated herein by reference thereto as though set forth at length.
10. The Plaintiff and the Defendant have legally and beneficially acquired property, both real
and personal, during their marriage from October 30,1994, until July 11,2001, the date
of their separation, all of which property is "marital property," as that term is used and
defined in the Pennsylvania Divorce Code, 23 Pa.C.S. S 3101 et seC!.
11. The Defendant acquired, prior to the marriage or subsequent thereto, "non-marital
property" which has increased in value since the date of the marriage and/or subsequent
to its acquisition during the marriage, which increase in value is "marital property" as
that term is used and defined in the Pennsylvania Divorce Code, 23 Pa.C.S. S 3101 et seC!.
12. The parties may enter into a written agreement with regard to distribution of the marital
estate and may request this Honorable Court to incorporate said agreement into a final
decree of divorce.
3
WHEREFORE, the Plaintiff respectfully prays this Honorable Court to enter a
decree of divorce pursuant to 23 P.S. Section 3301(a) or, in the alternative, pursuant to 23
P.S. Section 3301(c) or 3301(d).
Respectfully submitted,
J).c..t~ ~ l1b ~~."
Richard C. Gaffney, . <:
Supreme Court LD. No. 63313
LAW OFFICES OF RiCHARD C. GAFFNEY
2120 Market Street
Suite 101
Camp Hill, PA 17011
Telephone: 717.975.9033
Attorney for Plaintiff
4
DAVID MARTIN BURNHAM,
Defendant
COLLEEN MARIE SEELEY-BURNHAM, )
Plaintiff )
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
No.
- Civil Term
v.
In Divorce
VERIFICATION
I verify that the statements made in the foregoing Complaint in Divorce are true
and correct. I understand that false statements herein are made subject to the penalties of
18 Pa. Cons. Stat. Ann. Section 4904, relating to unsworn falsification to authorities.
Date 7/Z4-/01
c.VY).~~
Colleen Marie Seeley-Burnham
,., .
. .; ~
CUSTODYNISlTATION ORDER
COMMONWEALTH OF VIRGINIA
, J-10157-01-QO
Case No.. ;J.;"10158'-'Ol~ . . . . . . . . . .
Alexandria
. . Juvenile and Domestic Relations District Court
In re:.'Jac:qu~li11e .aIld. !heJ:::es,a. ~~ . .BUI11l1am . .
................,..........,.........................
The above-named child has been brought before this COllrt upon the filing of a written petition concerning custody/visitation;
and proper notice has been given to all proper and necessary panics; the parties have been informed by this Court of their right to
representation by a lawyer and the contents of the petition med in this Courl. All provisions of the Juvenile and Domestic Relations
District Court law, and amendments thereto, have been duly complied with in assuming jurisdiction of the child,
Having considered all relevant and material evidence, I find that the child is within the jurisdiction of this Court and the
Juvenile and Domestic Relations District Court law. and if commilled to a local board of social services or public welfare, it has been
furt:,er found that reasonable efforts:
a. 0 have been made 0 have not been made to prevent rellloval and that continued placement in the home would be contrary
to the welfare of the child.
b, D have been made 0 have not been made to reunite the child with his/her parents, guardian or other person standing in
loco parentis to the child.
I also made my determination in accordance with the standards set forth in Va. Code ~ 20-124.1 through ~ 20-124.5.
I hereby ORDER that: . ,It. .is. .ill. tl:1e. .be13t. .interE!st . of. the. .sul>JE!ct. .cl:1ilcir~. ,thcit. c:ustcxl>'".1:le.
~cl.it, hE!rE!by .is.,.. placecl,w:itl1,C()llE!en .M., . ~urIJhaIn the.ir,1DO.thE!r .IiIlliw:itl1. tl:1e. pr:irnary... ..
res.id~cE! . ()f .the. . cl1i1cirE!n .1:leir1~,wi.th. the, mot!l:1er.'. .. 'I:he .cl1il<ir~ ,fatl:1er shall.l1avE!.,
vis,itliti()n :wi.th, ,sai,d. children at such reasonlib1e. .tilnes. ,ancl . lit, ,suc.h. r.elisollablepllice,s,...
as .thE!. p.artie13 . sl1a:l1, !igr.ee. .
It is a requirement as a condition of this Order. that each party intending a change of address shall give thirty days' advance written
notice of such change of address to the Court and other party.
The notice shall contain the child's full name, the case nlllllber of this case, the party's new telephone number and new street
address and, if different, the party's new mailing address, The notice shall be mailed by first-class or delivered to this Court and to the
other party.
Access to the academic, medical, hospital or health records of the child shall not be denied to either parent unless otherwise ordered
above.
o TEMPORARY PLACEMENT-
I order that the above-named child be temporarily placed with the department of social services or public welfare of this
jurisdiction without prior notice or an opportunity to be heard because of the following emergency and need for such placement:
DUE
~D~'
JUDOH
. ,Ap,r:!-1. .8, . ~.cm. .
CUSTODYNISITATION ORDER
t'ORM DC-513 7/94 PC (114:3-02111/94)
Case No. . .
EXHIBIT A
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-04502 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHEELY-BURNHAM COLLEEN
VS
BURNHAM DAVID MARTIN
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
BURNHAM DAVID MARTIN
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of
County, Pennsylvania, to
serve the within COMPLAINT - DIVORCE
On Auqust
24th
2001 , this office was in receipt of the
attached return from
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin County
18.00
9.00
10.00
29.25
.00
66.25
08/24/2001
RICHARD GAFFNEY
so~~
R. omas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this .../'1 ~ day of ()"f,....J-
:LIot A.D.
~ Q, IuJ~,., ~
Prothonotaty
@iiite of t4t ~4tJ:iff
William T. Tully
Solicitor
1. Daniel Basile
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17l 0 I
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
BURNHAM-SEELEY COLLEEN MARIE
vs
County of Dauphin
BURNHAM DAVID MARTIN
Sheriff's Return
No. Z091-T - -ZOOl
OTHER COUNTY NO. 01-450Z
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for BURNHAM DAVID MARTIN
the DEFENDANT named in the within COMPLAINT IN DIVORCE
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, August 1, ZOOl
FED X GROUND IS LOCATED AT 835 OLD EXIT 15, WHERE RPS USE TO BE.
Sworn and subscribed to
So Answers,
Jf~
before me this 1ST day of AUGUST, ZOOl
.~ 6.. D~
, PROTHONOTARY
Sheriff of Dauphin County, Pa.
By
Deputy Sheriff
Sheriff's Costs: $Z9.25 PD 08/01/2001
RCPT NO 152502
In The Court of Common Pleas of Cumberland County, Pennsylvania
Colleen Marie Seeley-Burnham
VS.
David Martin Burnham
David Martin Burnham N
o.
01
4502 civil
SERVE:
Now, July 30, 2001
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
r~~-R
Sheriff of Cum berland County, P A
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
.
COLLEEN MARIE SEELEY-BURNHAM, )
Plaintiff )
)
)
~ )
)
DAVID MARTIN BURNHAM, )
Defendant )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
No. D/-"t!;O}., - Civil Term
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 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 PAPER TO YOUR LA WYER 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
Lawyer Referral Service
2 Liberty Avenue, Carlisle, PA 17013
Telephone: 717.249.3166
TRUE COPY PROM RECORD
I n Testimony whel'8Of. I here unto lllIt my hano
an.' ... "" '" "'" ~ Po.
~iR 2b~ ~. ~1
Pr honotary ~
COLLEEN MARIE SEELEY-BURNHAM, )
Plaintiff )
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
No.
- Civil Term
v.
IN DIVORCE
DAVID MARTIN BURNHAM,
Defendant
COMPLAINT IN DIVORCE
UNDER SECTIONS 3301(a), 3301(c) AND 3301(d) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Colleen Marie Seeley-Burnham, by and through
her attorneys, The Law Offices of Richard C. Gaffney, who files this Complaint under Sections
3301(a), 3301(c) and 3301(d) of the Divorce Code, and who, in support thereof, respectfully
represents that:
1. The Plaintiff is Colleen Marie Seeley-Burnham, who presently resides at 4831 Charles
Road, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. The Defendant is David Martin Burnham, who presently resides at 4831 Charles Road,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. The Plaintiff and the Defendant are sui iuris and both have been bona fide residents of the
Commonwealth of Pennsylvania for a period of more than six months immediately
preceding the filing of this Complaint.
4. The Plaintiff and the Defendant were married on October 30, 1994 in Alexandria, Fairfax
County, Virginia.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The Plaintiff has been advised that counseling is available and that the Plaintiff may have
the right to request that the court require the parties to participate in counseling.
1
7. The causes of action and sections of the Divorce Code pursuant to which the Plaintiff is
proceeding and under which the Plaintiff is entitled to the entry of a Decree of Divorce
are as follows:
a. Section 3301(a) relating to fault based grounds. The Plaintiff believes and
therefore avers that:
1. The Defendant committed adultery.
ii. The Defendant offered indignities to the innocent and injured
spouse so as to render that spouse's condition intolerable and life
burdensome.
iii. The Plaintiff is the innocent and injured spouse.
IV. The Plaintiff is entitled to a decree of divorce under Section
3301(a)(2) of the Divorce Code or, in the alternative, under Section
3301(a)(6) of the Divorce Code.
b. Section 3301(c) relating to mutual consent to divorce. The Plaintiff
believes and therefore avers that:
1. The marriage is irretrievably broken.
11. The Plaintiff intends to file an affidavit consenting to a divorce
after ninety (90) days have elapsed from the date of filing and
service of this Complaint.
lll. The Defendant will also file an affidavit consenting to a divorce
after the passage of said ninety (90) days.
iv. The Plaintiff is entitled to a decree of divorce under Section
3301(c) of the Divorce Code.
c. Section 3301(d) relating to irretrievable breakdown. The Plaintiff believes
and therefore avers that:
I. The Plaintiff and the Defendant separated on July 11, 2001 and
have continued to live separate and apart since then.
2
ii. The marriage is irretrievably broken.
iii. After the passage of a period of two years from the date
of separation, the Plaintiff will be entitled to a decree of divorce
under Section 3301(d) of the Divorce Code.
8. There are two children of the parties who are under the age of majority, to wit: Theresa
Leigh Burnham, born August 23,1992 and Jacqueline Martens Burnham, born June 7,
1996.
9. There is currently in effect a valid Order from a court of competent jurisdiction
concerning custody of the minor children. A copy of the aforesaid CustodyNisitation
Order (entered at Case No. J-IOI57-10-00 and J-10158-01-00 by the Alexandria Juvenile
and Domestic Relations District Court, Commonwealth of Virginia) is attached hereto as
Exhibit A, and is incorporated herein by reference thereto as though set forth at length.
10. The Plaintiff and the Defendant have legally and beneficially acquired property, both real
and personal, during their marriage from October 30,1994, until July 11,2001, the date
of their separation, all of which property is "marital property," as that term is used and
defined in the Pennsylvania Divorce Code, 23 Pa.C.S. S 3101 et seQ.
II. The Defendant acquired, prior to the marriage or subsequent thereto, "non-marital
property" which has increased in value since the date of the marriage and/or subsequent
to its acquisition during the marriage, which increase in value is "marital property" as
that term is used and defined in the Pennsylvania Divorce Code, 23 Pa.C.S. S 3101 et seQ.
12. The parties may enter into a written agreement with regard to distribution of the marital
estate apd may request this Honorable Court to incorporate said agreement into a final
decree of divorce.
3
WHEREFORE, the Plaintiff respectfully prays this Honorable Court to enter a
decree of divorce pursuant to 23 P.S. Section 3301(a) or, in the alternative, pursuant to 23
P.S. Section 3301(c) or 3301(d).
Respectfully submitted,
:D-(~_~~~.ol
Richard C. Gaffney, . <:
Supreme Court I.D. No. 63313
LAW OFFICES OF RiCHARD C. GAFFNEY
2120 Market Street
Suite 101
Camp Hill, PA 17011
Telephone: 717.975.9033
Attorney for Plaintiff
4
COLLEEN MARIE SEELEY-BURNHAM, )
Plaintiff )
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
No.
- Civil Term
v.
In Divorce
DAVID MARTIN BURNHAM,
Defendant
VERIFICA nON
I verify that the statements made in the foregoing Complaint in Divorce are true
and correct. I understand that false statements herein are made subject to the penalties of
18 Pa. Cons. Stat. Ann. Section 4904, relating to unsworn falsification to authorities.
Date 7/24- 101
.
c. vY7.~~~
Colleen Marie Seeley-Burnham
r
Cl1STO~Yf\[ISITATION ORDER
COMMONWEALTH OF VmGINIA
J-I0157-Ol-OO
Case No.. 'J'":t0158--;QHJO..........
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Alexandria
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Juvenile and Domestic Relations District Court
In re:..'.Ja~q.u,:1:m.7. .~. ~7J:es.a.~:. .Buz:nh:am.........
.......................................................,..
The above-named child has been brought before this Court upon the Iiling of a written petition concerning custody/visitation;
and proper noticc has been given to all proper lInd nccesslIry partics; the pllrties have been informed by this Court of their right to
representation by a lawyer and the contents of the petition Iiled inthi. Court. All provisions of the Juvenile and Domestic Relations
District Court law, and amendments thereto, have been duly complied with in assuming jurisdiction of the cbild.
Having considered all relevant and material evidence. I find that the child is within the jurisdiction of this Court and the
Juvenile and Domestic Relations District Court law. and if comlllilled to a local board of social services or public welfare, it has been
rurt:,cr found that reasonable efforts:
a. . 0 have been made 0 have not been made to prevent removal and that continued placement in the home would be contrary
to the welfare of the child.
b. 0 have been made 0 have not been made to reunite the child with hislher parents, guardian or other person standing in
loco parentis to the child.
I also made my determination in accordance with the standards set forth in Va. Code ~ 20-124.1 through ~ 20-124.5.
I hereby ORDER that: . .It. .is. .i.Il. th.e. .beflt. .interE!st . of:. tl:1~. .sul:ljE!ct. .cl1i.1<lreI1. .thlit .l:UstO<lY be..... . .'
aJJcl . it. . hf!re,by. .~s.' . J>l~t:ecl . wi, tl1. C()llE!eIl. M... . J3ur11hatn. tlll!i,r .mo.the.r. aJJcl . wi, tl1. tJ:1e. .l'r:illllU:Y . . . . . .
res.ideI1c.e . ()f . the. . cl1i1<lreI1 bei.rlS. .wi.th. .thE! .lIIOth.er. . . . T!:1e. .cl1i1<lreIl. f.ath.er. . sJ:1al.l.lIavE! . . . . . . . .
:vis.i tCl~i()n. ~.tl:1. .sa:id. t:h:i1c;b:eIl . al; . S\1ch rE!asonClble .tinJes .anc1. C}t . .suc.h. .reC}soIlab.le.pllices . . . .
as . the, . Plirt.iefl . !'ll:J.a.l1. li8!::ee. .
..................................................
.................................................
......................................
It is a requirement as a condition of this Order, that each party intending a change of address shall give thirty days' advance wrillen
notice of such change of address to the Court and other party.
TIle notice shull contain the child's full name. thc case number of this case, the party's new telephone number and new street
address and, if different, the party's new mailing address. The noticc shall be mailed by first-class or delivered to this Court and to the
other party.
Access to the academic, medical, hospital or health records of the child shall not be denied to either parent unless otherwise ordered
above.
o TEMPORARY PLACEMENT-
I order that the above-named child be temporarily placed with the department of social services or public welfare of this
jurisdiction without prior notice or an opportunity to be heard because of the following emergency and need for such placement:
.....................................................
.......................................................
. .Ap~g .8... . J..~97 . .
1>\11!
........................D..................
-:{]~. ~
JUDOB
. . . . . . . . . .
..................................................
CUSTODYNISITATION ORDER
Case No.. ..........
................
tURN~" 7194 PC (114:5-021 M9"1
EXHIBIT A
ALEXANDRIA JUVE~J!LE ~N[) 00\1ESTIC
RELATIONS DISTRICT CQijRT
520 KING 51 FIRST FLOOR
ALEXANOR:A, VA 22314-3160
I, THE UNDERSIGNED CLERK OR DEPUTY
CLERK OF THE ABOVE-NAMED COURT,
AUTHENTICATE PURSUANT TO V:RWIIA
CODE 8.01-39I(C) ON THIS DATE THAT
THE DOCUMENT ro NHICH THIS
AUTHENTICATION IS AFFIXED IS A TRUE
COPY OF A RECORD IN THE ABOVE.NM/ED
COURT, MADE IN THE PERFORMANCE OF MY
I( /. OFFICIAL C IES_ ~
D~EC:7 '--'. :"'''UT( "L.R' Z/~..,./
................. . <oJ L..',
WIM"f~."1 \cl,',I":1d
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>1,nOH1~no':l AannSI~~YH
30U.'O sl'inoO.NI4.I.O"""
) J J.! ,7',. _, . ~./1 \J I
10, I!d 9Z I 9Z 1nr
l.1":rit:~ ,'; 'aklnO
j,J11I31lS: },: t ji) J :)dJO
v.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COLLEEN MARIE SEELEy-BURNHAM,
Plaintiff
No. 01-4502- Civil Term
IN DIVORCE
DAVID MARTIN BURNHAM,
Defendant
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) and Section 3301 (d) of the Divorce
Code was filed on July 26, 2001.
2. The marriage between plaintiff and defendant is irretrievably broken.
3. Defendant, David Burnham was served a true and correct copy of the Complaint on
August 13, 2001.
3. Ninety days (90) have elapsed from the date of filing and service 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.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: I( t..J /02.
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COLLEEN MARIE SEELEY-BURNHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
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No. 01-4502 Civil Term
IN DIVORCE
DAVID MARTIN BURNHAM,
Defendant
PLAINTIFF'S WAIVER 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 of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, attorney's
fees and expenses if! 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 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.
Date: lit! lOG
c.rn.~,'"B..~
Colleen Marie Seeley!Burnham
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COLLEEN MARIE SEELEY-BURNHAM;: IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYL VANIA
vs.
: NO. 01-4502 CIVIL
DAVID MARTIN BURNHAM,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
PRAE..QfE FOR ENTRY OF APPEAUNCE
Please enter my appearance on behalf of the Defendant, David Martin Burnham.
Respectfully submitted,
LAW ARM OF SUSAN KAY CANDIELLO. P.c.
Dated: January L. 2002
Susan Kay
PAI.D.#64 8
5021 East Trin
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
No. 01-4502
vs.
00624 SA 2001
PACSES Case No. 795103682
DAVID M. BURNHAM,
Defendant
Action in Divorce
COMPLAINT FOR ALIMONY PENDENTE LITE
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW, TO WIT, this 5th day of August, 2002, comes David M.
Burnham, Defendant above-captioned, by his attorneys, Morris &
Vedder, and files this Complaint for Alimony Pendente Lite of
which the following is a statement:
1. Your Petitioner, David M. Burnham, is an adult male
individual residing at 4832 Charles Rd., Apt. A, Mechanicsburg,
Cumberland County, Commonwealth of Pennsylvania 17050. He is the
Defendant in the underlying Divorce Action, and pleaded the issue
of alimony pendente lite in the petition for Related Claims filed
with the Prothonotary contemporaneous herewith.
2. Respondent is Colleen M. Burnham, an adult female
individual residing at 4831 Charles Rd., Mechanicsburg, Cumberland
County, Commonwealth of Pennsylvania 17050.
3. The parties were married on October 30, 1994 and
MORRIS II< VEDDER
32 N. DUKE ST.
YORK. PA.
separated on September I, 2001.
4. Respondent has not sufficiently provided support for
Plaintiff.
5. Respondent is employed at Philip's Office Products and
earns $3,600.00, more or less, net per month. Respondent's social
MORRIS a: VEDDER
32 N. DUKE ST.
YORK. PA.
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security number is 108-54-5283.
6. Your Petitioner is employed at Dick's Sporting Goods and
Fed-Ex and earns $2,000.00, more or less, net pay per month. Your
Petitioner's social security number is 523-90-4029.
7. Your Petitioner needs reasonable support to adequately
maintain himself in accordance with the standard of living
established during the marriage.
8. Your Petitioner is not receiving public assistance.
9. The amount requested by Plaintiff for Alimony Pendente
Lite is as much as permitted by law.
WHEREFORE,
Petitioner,
David M.
Burnham,
requests your
Honorable Court to enter an Order of Alimony Pendente Lite against
Respondent, as well as to require Respondent to provide medical
support for Petitioner, if appropriate.
Respectfully submitted,
MORRIS & VEDDER
32098
Doc. No. Cwv6046
2
MORRIS a: VEDDER
32 N. DUKE ST.
YORK, PA.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
No. 01-4502
vs.
00624 SA 2001
PACSES Case No. 795103682
DAVID M. BURNHAM,
Defendant
Action in Divorce
CERTIFICATE OF SERVICE
I, Stephanie M. Warehime, Secretary to Clyde W. Vedder,
Esquire, of the law firm of Morris & Vedder, 32 North Duke Street,
PO Box 544, City of York, York County, Commonwealth of
pennsylvania, 17405, do hereby certify that on this 7~ day of
August, 2002, I served a true and correct copy of Complaint for
Alimony Pendente Lite, by placing the same in the United States
mail, postage prepaid to:
Richard C. Gaffney, Esquire
2120 Market St., Ste. 101
Camp Hill, PA 17011
MORRIS & VEDDER
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to Clyde W. Vedder, Esquire
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
No. 01-4502
vs.
DAVID M. BURNHAM,
Defendant
Action in Divorce
PETITION FOR RELATED CLAIMS
AND NOW, TO WIT, this 5th day of August, 2002, comes the
Defendant, David M. Burnham, by his attorneys, Morris & Vedder,
and files this Petition for Related Claims of which the following
is a statement:
COUNT I - EQUITABLE DISTRIBUTION
1. Plaintiff and Defendant have legally and beneficially
acquired property, both real and personal, during their marriage
from October 30, 1994 until September 1, 2001, the date of their
separation, all of which property is "marital property."
2. Plaintiff and Defendant have acquired, prior to the
marriage or subsequent thereto, property both real and personal,
which property has increased in value since the date of the
marriage and/or subsequent to its acquisition during the marriage,
all of which property is "marital property."
3. Plaintiff and Defendant have been unable to agree as to
an equitable division of said property.
WHEREFORE, Defendant, David M. Burnham, respectfully requests
your Honorable Court to equitably divide all marital property.
Ii
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COUNT II - ALIMONY AND ALIMONY PENDENTE LITE
4. Defendant lacks sufficient property to provide for his
reasonable means and is unable to support himself through
appropriate employment.
5. Defendant requires reasonable support to adequately
maintain himself in accordance with the standard of living
established during the marriage.
WHEREFORE, Defendant, David M. Burnham, respectfully requests
your Honorable Court to enter an award of reasonable temporary
alimony until final hearing and permanently thereafter.
COUNT III - COUNSEL FEES, COSTS AND EXPENSES
6. Defendant has employed counsel, but is unable to pay the
necessary and reasonable attorney's fees for said counsel.
7. Defendant is unable to sustain himself during the course
of this litigation.
WHEREFORE, Defendant, David M. Burnham, respectfully requests
your Honorable Court to enter an award of interim counsel fees,
costs and expenses until final hearing and thereupon award such
additional counsel fees,
costs and expenses as are deemed
necessary and proper.
Doc. No. Cwv6045
MORRIS & VEDDER
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PO Box 544
York, PA 17405
(717) 843-9815
Supreme Court No. 32098
MORRIS a: VEDDER
32 N. DUKE ST.
YORK. PA.
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MORRIS e. VEDDER
32 N. DUKE ST.
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF YORK
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Before me, a Notary Public, in and for the said County and
State, personally appeared David M. Burnham, who being duly sworn
according to law, doth depose and say that the facts set forth in
the foregoing document are true and correct to the best of his
knowledge, information and belief.
'Wm !JJ--
(SEAL)
Sworn and subscribed to
before me this S;/t... day
Of,A,~ 2002
_~ ilL
Notary Public
MORRIS lie VEDDER
32 N. DUKE ST.
YORK. PA.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
No. 01-4502
vs.
DAVID M. BURNHAM,
Defendant
Action in Divorce
CERTIFICATE OF SERVICE
I, Stephanie M. Warehime, Secretary to Clyde W. Vedder,
Esquire, of the law firm of Morris & Vedder, 32 North Duke Street,
PO Box 544, City of York, York County, Commonwealth of
Pennsylvania, 17405, do hereby certify that on this 7~ day of
August, 2002, I served a true and correct copy of petition for
Related Claims, by placing the same in the United States mail,
postage prepaid to:
Richard C. Gaffney, Esquire
2120 Market St., Ste. 101
Camp Hill, PA 17011
MORRIS & VEDDER
BY: ~~ /7/
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to Clyde W. Vedder, Esquire
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
plaintiff
No. 01-4502
vs.
00624 SA 2001
PACSES Case No. 795103682
DAVID M. BURNHAM,
Defendant
Action in Divorce
CERTIFICATE OF SERVICE
I, Stephanie M. Warehime, Secretary to Clyde W. Vedder,
Esquire, of the law firm of Morris & Vedder, 32 North Duke Street,
PO Box 544,
City of York,
York County,
Commonweal th of
pennsylvania, 17405, do hereby certify that on this 12th day of
August, 2002, I served a true and correct copy of Petition for
Related Claims, by placing the same in the United States mail,
postage prepaid to:
Samuel L. Andes, Esquire
525 N. 12th St.
PO Box 168
Lemoyne, PA 17043
MORRIS & VEDDER
BY: ~ ~ /7 L-------.-...---
~~~ie M. Warehime, Secretary
to Clyde W. Vedder, Esquire
MORRIS 8< VEDDER
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YORK. PA.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
plaintiff
No. 01-4502
00624 SA 2001
PACSES Case No. 795103682
vs.
DAVID M. BURNHAM,
Defendant
Action in Divorce
CERTIFICATE OF SERVICE
I, Stephanie M. Warehime, Secretary to Clyde W. Vedder,
Esquire, of the law firm of Morris & Vedder, 32 North Duke Street,
PO Box 544,
Ci ty of York,
York County,
Commonwealth of
Pennsylvania, 17405, do hereby certify that on this 12th day of
August, 2002, I served a true and correct copy of Complaint for
Alimony Pendente Lite, by placing the same in the United States
mail, postage prepaid to:
Samuel L. Andes, Esquire
525 N. 12th St.
PO Box 168
Lemoyne, PA 17043
MORRIS & VEDDER
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to Clyde W. Vedder, Esquire
MORRIS 8< VEDDER
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YORK. PA.
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COLLEEN M. BURNHAM,
Plaintift7Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
DAVID M. BURNHAM,
DefendantIPetitioner
NO.2001-4502 CIVIL TERM
IN DIVORCE
DR# 31995
Pac~ 682104787
ORDER OF COURT
AND NOW, this 28th day of August, 2002, upon consideration of the attached Petition for
Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective
counsel appear before RJ. Shaddav on Seutember 24. 2002 at 9:00 A.AI. for a conference, at 13 N.
Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for
Alimony Pendente Lite be entered.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
1910.11()
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on Petitioner
8-28-02 to: < Respondent
Clyde Vedder, Esquire
Samuel Andes, Esquire
Date of Order: August 28, 2002
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R JliShadday, Conference OfIicer '.
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. 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 MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYL V ANlA 17013
(717) 249-3166
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
Def~ant/Petitioner
) Docket Number 01-4502 CIVIL
)
) PACSES Case Number 682104787/D3l995
)
) Other State ID Number
COLLEEN M. BURNHAM,
Plaintiff /Respondent
vs.
DAVID M. BURNHAM,
ORDER
AND NOW, to wit on this 24TH DAY OF SEPTEMBER, 2002
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other
ALIMONY PENDENTE LITE
fIled on AUGUST 8, 2002
in the above captioned
matter is dismissed without prejudice due to:
RULE 1910.16-4 (e) AND THE PLAINTIFF HAVING A SUPPORT OBLIGATION DOCKETED
AT 624 SUPPORT 2001 (PACSES C# 796103682) FOR THE PARTIES' TWO CHILDREN.
ALIMONY PENDENTE LITE IS DENIED DUE TO THE CHILD SUPPORT OFFSET.
o The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
DRO: RJ Shadday
xc: plaintiff
defendant
Clyde Vedder, Esquire
Samuel Andes, Esquire
BY THE COURT:
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. JUDGE
Service Type M
Form OE-506
Worker ID 21005
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
COLLEEN M. BURNHAM,
PlaintiffJRespondent
DAVID M. BURNHAM,
DefendantJPetitioner
NO. 2001-4502 CIVIL TERM
IN DIVORCE
DR# 31995
PacseS# 682104787
DEMAND FOR HEARING
DATE OF ORDER: September 24, 2002
AMOUNT: N/A
FOR: Dismissal of Alimony Pendente Lite Petition
REASON(S):
APL Petition improperly dismissed. Husband raised his claim to set off on
the child support action. Hearing officer failed to enter an order for APL, to
to which the hearing officer agreed husband was entitled, on the ,basis that the
the exceptions'were pending in the child support action. Husband is entitled to
either the entry of an APL order or proper offset in the child support action.
PARTY FILING DEMAND FOR HEARING: David M. Burnham, Defendant
~-'
Signature
Clyde W. Vedder, Esquire
32 N. Duke St.
PO Box 544
York, PA 17405
(717) 843-9815
Supreme Ct. No. 32098
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Date
. .
COLLEEN M. BURNHAM,
PlaintiffJRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
DAVID M. BURNHAM,
DefendantIPetitioner
NO. 2001-4502 CIVIL TERM
IN DIVORCE
DR# 31995
PacseS# 682104787
NOTICE OF RIGHT TO REOUEST A HEARING
The parties are hereby advised that they have until October 7. 2002 to request a hearing do novo
before the Court. File request in person or mail to:
Office of the Prothonotary
1 Courthouse Square
Carlisle, PA 17013
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COLLEEN MARIE SEELEY-BURNHAM,
PLAINTIFF
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
V5.
CIVIL ACTION - LAW
DAVID MARTIN BURNHAM,
DEFENDANT
NO. 01-4502
IN DIVORCE
NOTICE
TO DEFENDANT NAMED HEREIN:
YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND
NEW MATTER COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF
OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU.
~-~
Sa - .. Andes
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
II
COLLEEN MARIE SEELEY-BURNHAM,
PLAINTIFF
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
DAVID MARTIN BURNHAM,
DEFENDANT
NO. 01-4502
IN DIVORCE
PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR RELATED CLAIMS
AND NOW comes the above-named, by her attorney, Samuel L. Andes, and makes
the following Answer to Defendant's Petition for Related Claims:
COUNT I - EQUITABLE DISTRIBUTION
1. Defendant's request for equitable distribution of marital property is barred by an
agreement signed by the parties which resolved the property claims between them.
Plaintiff incorporates herein by reference the averments set out in her New Matter.
2. Denied for the reasons set forth in Paragraph 1.
3. Denied for the reasons set forth in Paragraph 1.
WHEREFORE, Plaintiff prays this court to dismiss Defendant's request for equitable
distribution of marital property.
COUNT II - ALIMONY AND ALIMONY PENDENTE LITE
4. Denied. Defendant is fully able to support himself through appropriate
employment.
5. Denied. Defendant can support himself if he will seek and obtain realistic
employment. Defendant's claims for alimony and alimony pendente lite have previously
been resolved by the parties by written agreement. Plaintiff incorporates herein by
reference the averments set out in her New Matter.
WHEREFORE, Plaintiff prays this court to deny Defendant's request for alimony and
alimony pendente lite.
II
COUNT III - COUNSEL FEES. COSTS AND EXPENSES
6. Denied. Defendant can, through reasonable employment, pay the cost of this
litigation.
7. Denied. Defendant has the ability to earn sufficient income to support himself
through the litigation. Plaintiff incorporates herein by reference the averments set out in
her New Matter.
WHEREFORE, Plaintiff prays this court to deny Defendant's request for counsel
fees, costs and expenses.
NEW MATTER
By way of further answer, Plaintiff avers the following New Matter:
8. On 2 August 2001, following private negotiations and discussions between the
parties, Plaintiff and Defendant signed an agreement which was intended by both of them
to resolve all of the economic issues in their marriage and in the divorce action between
them. A copy of that agreement is attached hereto and marked as Exhibit A.
9. Defendant either consulted with an attorney prior to signing the agreement or
had ample opportunity to consult with an attorney and obtain an explanation of his rights
prior to signing the agreement.
10. Prior to his signing the agreement, Defendant had full and adequate
information about the assets and liabilities of the parties, their incomes, their expenses,
and the other financial information he needed to make an informed decision about the
property claims between the parties.
11. After signing the agreement, and in reliance upon it, the parties performed
their obligations under the agreement. Their actions in performing those obligations
included:
A. Plaintiff made the cash payment to Defendant required by the
agreement.
"
B. Defendant, after consulting with an attorney of his own and
receiving advice from that attorney, executed and delivered the Deed to
transfer the residence to Plaintiff's name alone.
C. Plaintiff performed the provisions of the agreement relating to child
custody and child support.
12. Throughout the time that Defendant performed his obligations under the
agreement, he was represented by an attorney of his choice or had ample opportunity to
consult with an attorney of his choice for advice.
13. Defendant's claims for equitable distribution, alimony, alimony pendente lite,
counsel fees, costs, and expenses have all been resolved by the agreement of the parties
and there is no need for the court to entertain those claims any further.
WHEREFORE, Plaintiff prays this court to dismiss Defendant's petition.
s~.ao
Attorney for Plaintiff
Supreme Court 10 # 17225
525 North 12th Street
Lemoyne, Pa 1 7043
(717) 761-5361
II
VERIFICATION
I verify that the statements made in this Answer and New Matter are true and
correct. I understand that any false statements in this Answer and New Matter are
subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities).
Date:----=ti 2,<., I c "t.
CaLlJ.. rl}.~. '~~
COLLEEN MARIE SEELEY-B NHAM
II
II
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CERTIFICATE OF SERV'CE
I hereby certify that I served an original of the foregoing Answer and New Matter
upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as
follows:
Clyde W. Vedder, Esquire
32 North Duke Street
P.O. Box 544
York, PA 17405
Date: 30 September 2002
~ .
. ~.~
Amy M. kins, Secretary
TO: Richard Gaflhey
FROM: Colleen Seeley
DATE: 08/02/0 I
RE: Divorce Agreements
FAX TO: 975-9034
Good Morning Richard Gaflhey - The following agreements have been reached between myself and Mr.
Burnham.
I. Colleen Seeley-Burnham will give Mr. Burnham $2,000.00. This money is in lieu of any additional
petition for spousal support. This money is payable to Mr. Burnham upon signing of this agreement.
2. Mr. Burnham has agreed to move out of the residence - 483 I Charles Road by Sept. 8111 and move into
an apartment in the Delbrook apartments.
3. Mr. Burnhams agrees to sign the Divorce Papers as soon as they are made available.
4. Mr. Burnham agrees to give his household right to Colleen Seeley-Burnham _ with signing over of the
deed to the residence at 483 I Charles Road.
5. Custondy will be with primary care provider Colleen Seeley at 483 I Charles Road with liberal
visitation by Mr. Burnham until January 151 at the end of this time visitation guidelines can be reviewed
or petitioned by either party.
6. Colleen Seeley will reduce child support requests to Y. of all Daycare needs for the children approx.
$60.00 a week during the school year, $100.00 a week druing the summer and Y. of all medical
Expenses. Mr. Burnham will continue to pay for enrollment of the girls on his Insurance plan at FED
EX GROUND (approx. $40 a month) with no reimbursement form Colleen Seeley
1""Jw(,1..1-..
David M. Burham
r/~tJl
Date
C'IY/~
Colleen M. Seeley
B/2101
Date
Exhibit
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
No. 01-4502
vs.
DAVID M. BURNHAM,
Defendant
Action in Divorce
REPLY TO NEW MATTER
AND NOW, TO WIT, this 4th day of October, 2002, comes the
statement:
and files this Reply to New Matter of which the following is a
Defendant, David M. Burnham, by his attorneys, Morris & Vedder,
8.
Denied.
The document speaks for itself.
By way of
further answer, the agreement itself is invalid because it does
not disclose Defendant's statutory rights.
The agreement merely
lite, alimony or counsel fees, costs and expenses or that
equi table distribution, division of property, alimony pendente
additional petition for spousal support." It makes no mention of
states, "This money (her payment of $2,000.00) is in lieu of any
Defendant is waiving or giving up his right to make such claims
consequence of waiving spousal support.
or even that Defendant was aware of the particular legal
IORRIS '" VEDDER
32 N. DUKE ST.
YORK. PA.
case law, it was incumbent upon Plaintiff, as the enforcing
According to current
rights allegedly being relinquished.
party, to ensure that Defendant was made aware of any statutory
713 A.2d 103
See Ebersole v. Ebersole
(Pa. Super.
1998); Mor.mello v. Mor.mello,
452
Pa.Super. 590, 682 A.2d 824 (1996).
II
9.
Denied.
Defendant neither consulted with an attorney
nor had ample opportunity to do so.
10. Denied.
No disclosure was made.
Defendant did not
have significant involvement in the financial affairs of the
marriage.
See Mormello, supra (relying on appellant I s lack of
invol vement in spouse's financial affairs in finding appellant
was not fully and fairly aware of marital estate).
By way of
further answer, the agreement contains no reference to property
values nor does it make any enumeration of the marital assets.
It only references a marital residence without providing its
from marital or non-marital funds.
value and does not state whether the $2,000.00 payment is coming
to any other property.
The agreement does not refer
invalidates the agreement.
failure to make full and fair disclosure of a couple I s assets
Our appellate courts have held that such
Pa.Super. 395, 580 A.2d 357 (1990) (full and fair disclosure
See, e.g., Hess v. Hess, 397
requires that a "reasonable estimate of the worth of the assets
parties are not obscured").
must be attempted so that the general financial resources of the
11. Denied.
The
parties
have
not
performed
their
obligations under the agreement.
By way of further answer, the
subparagraphs are answered as follows:
ORRIS lie VEDDER
a.
Denied.
Defendant believes and therefore avers
32 N. DUKE ST.
YORK. PA.
that any such payment was made from marital funds.
b. Admitted in part and denied in part. A portion of
said averment is attorney-client privileged and is neither
2
IORRIS a: VEDDER
32 N. DUKE ST.
YORK. PA.
II
admitted nor denied.
c.
Denied.
On the contrary, Plaintiff filed a child
support action requesting substantially additional child
support which she received through the court.
8.
Admitted in part and denied in part.
The predicate to
said averment is denied as more fully set forth above.
9.
Denied.
The agreement speaks for itself.
By way of
further answer, none of the claims currently pending before your
Honorable Court have been resolved by such agreement, the same
being null and void in any event.
WHEREFORE, Defendant, David M. Burnham, respectfully requests
your Honorable Court to
MORRIS & VEDDER
BY'~.
Clyde W. Ved e , E quire
32 N. Duke St.
PO Box 544
York, PA 17405
(717) 843-9815
Supreme Court No. 32098
Doc. No. Cwv6328
3
"'ORRIS 8< VEDDER
32 N. DUKE ST.
YORK. PA.
r!
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
ss
Before me, a Notary Public, in and for the said County and
State, personally appeared Clyde W. Vedder, Esquire, who, being
duly Sworn according to law, doth depose and say that David M.
Burnham is unable to sign this affidavit at the present time, as
his counsel he has sufficient knowledge and information and is
authorized to make this Affidavit on David M. Burnham's behalf,
David M. Burnham is the source of his information as to matters
not stated upon his own knowledge and the facts set forth in the
foregoing document are true and correct to the best of his
knowledge, information and belief.
A supplemental affidavit
executed by David M. Burnham will be filed forthwith.
~~ire
Sworn and subscribed to
before me this 4th day
of October, 2002.
"ORRIS at VEDDER
32 N. DUKE ST.
YORK. PA.
II
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
No. 01-4502
vs.
DAVID M. BURNHAM,
Defendant
Action in Divorce
CERTIFICATE OF SERVICE
I, Stephanie M. Warehime, Secretary to Clyde W. Vedder,
Esquire, of the law firm of Morris & Vedder, 32 North Duke Street,
PO Box 544,
City of York,
York County,
Commonweal th of
Pennsylvania, 17405, do hereby certify that on this 4th day of
October, 2002, I served a true and correct copy of Reply to New
Matter, by placing the same in the United States mail, postage
prepaid to:
Samuel L. Andes, Esquire
525 N. 12th St.
PO Box 168
Lemoyne, PA 17043
MORRIS & VEDDER
BY: ~~ ~
Stephanie . Warehime, Secretary
to Clyde W. Vedder, Esquire
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
DAVID M. BURNHAM ) Docket Number 01-4502 CIVIL
Plaintiff )
vs. ) PACSES Case Number 682104787
COLLEEN M. SEELEY-BURNHAM )
Defendant ) Other State ID Number
ORDER OF COURT
You,
COLLEEN MARIE SEELEY-BURNHAM
plaintiff/defendant of
4831 CHARLES RD, MECHANICSBURG, PA. 17050-3076-31
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
before a hearing officer of the Domestic Relations Section, on the
JANUARY 6, 2003
at 10: 30AM for a hearing.
You are further required to bring to the hearing:
1. a true copy of your most recent Federal Income Tax Return, including W-2
2. your pay stubs for the preceding six (6) months,
3. verification of child care expenses, and
4. proof of medical coverage which you may have, or may have available to you
S. information relating to professional licenses
6. other:
i'l
f'''",)
Service Type M
Form CM-S09
Worker ID 21302
. - : -:':1 rOOt !"TF:t1:.f":f
BURNHAM
v. SEELEY-BURNHAM
PACSES Case Number: 682104787
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
BY THE COURT:
Date of Order: ~cc- l er l 20eL
!~Kn4
r- JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND
REPRESENT YOU. 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 MAY GET LEGAL HELP:
CUMBERLAND CO BAR ASSOCIATION
2 LIBERTY AVE
CARLISLE PA 17013-3308-02
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Page 2 of 2
Form CM-509
Worker ID 21302
Service Type M
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
DAVID M. BURNHAM ) Docket Number 01-4502 CIVIL
Plaintiff )
vs. ) PACSES Case Number 682104787
COLLEEN M. SEELEY-BURNHAM )
Defendant ) Other State ID Number
ORDER OF COURT
You,
DAVID MARTIN BURNHAM
plaintiff/defendant of
4832 CHARLES RD APT A, MECHANICSBURG, PA. 17050-3077-32
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
before a hearing officer of the Domestic Relations Section, on the
JANUARY 6 I 2003
at 10: 30AM for a hearing.
You are further required to bring to the hearing:
1. a true copy of your most recent Federal Income Tax Return, including W -2s, ll$ filed,
2. your pay stubs for the preceding six (6) months,
3. verification of child care expenses, and
4. proof of medical coverage which you may have, or may have available to you
5. infonnation relating to professional licenses
6. other:
f""o-,_,~
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Service Type M
Form CM-509
Worker ID 21302
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BtJRNHAM
V. SEELEY-BURNHAM
PACSES Case Number: 682104787
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
BY THE COURT:
Date of Order: 1> eel ~ L }Do 2-
ta~
JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND
REPRESENT YOU. 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 MAY GET LEGAL HELP:
CUMBERLAND CO BAR ASSOCIATION
2 LIBERTY AVE
CARLISLE PA 17013-3308-02
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Page 2 of 2
Form CM-509
Worker ID 21302
Service Type M
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COLLEEN SEELEY-BURNHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
DOMESTIC REL.A TIONS SECTION
PACSES NO. 796103682
NO. 624 SUPPORT 2001
DAVID M. BURNHAM,
Defendant
COLLEEN M. BURNHAM,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
PACSES NO. 682104787
NO. 01-4502 CIVIL TERM
INTERIM ORDER OF COUIRT
DAVID M. BURNHAM,
Defendant
AND NOW, this 17th day of January, 2003, upon consideration of
the Support Master's Report and Recommendation, a copy of which is attached
hereto as Exhibit "A", it is ordered and decreed as follows:
A. The child support obligation of the Defendant in the case docketed to
624 Support 2001 is modified effective August 8, 2002, to reflect the
offsetting alimony pendente lite obligation of the Plaintiff in the case
docketed to 01-4502 Civil. Effective August 8,2002, the Defendant
shall pay to the State Collection and Disbursement Unit as support for
his children, Theresa L.U. Burnham, born August 23, 1992, and
Jacqueline M. Burnham, born June 7, 1996, the sum of $81.00 per
month.
B. Except as modified herein, the order of Novlsmber 15, 2002, shall
remain in full force and effect.
The parties are hereby advised that they may file written exceptions to the
Support Master's Report and Recommendation within ten (10) days of this order.
Exceptions shall conform with the requirements of Rulls 1910.12(f), Pa. R.C.P. If
written exceptions are filed by any party, the other party may file exceptions
within ten (10) days of the date of service of the original exceptions. If no
exceptions are filed within ten (10) days of this interim order, this order shall then
constitute a final order.
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CC: Colleen M. Seeley-Burnham
David M. Burnham
Samuel L. Andes, Esquire
For the Plaintiff
Clyde W. Vedder, Esquire
For the Defendant
DRO
By the Court,
J
COLLEEN SEELEY-BURNHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
DOMESTIC RELATIONS SECTION
DAVID M. BURNHAM,
Defendant
PACSES NO. 79151 03682
NO. 624 SUPPOIRT 2001
COLLEEN M. BURNHAM,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
DAVID M. BURNHAM,
Defendant
PACSES NO. 68~~104787
NO. 01-4502 CIVIL TERM
SUPPORT MASTER'S REPORT AND RECOMMENDATION
Following a hearing held before the undersigned Support Master on
January 6, 2003, the following report and recommendation are made:
FINDINGS OF FACT
1. The Plaintiff is Colleen M. Seeley-Burnham, a/kJa Colleen M.
Burnham, who resides at 4831 Charles Road, Mechanicsburg,
Pennsylvania. 1
2. The Defendant is David M. Burnham, who resides at 4832 Charles
Road, Apartment A, Mechanicsburg, Pennsylvania.
3. The parties are husband and wife, having married on October 30,
1994.
4. The parties have lived separate and apart since September 1, 2001.
5. The parties are the parents of two minor children, Theresa L.U.
Burnham, born August 23, 1992, and Jacqueline M. Burnham, born
June 7, 1996, both of whom reside with the Plaintiff.
6. On August 8, 2002, the Defendant filed a claim for alimony pendente
lite in the divorce action filed by his wife to 01-4502 Civil.
1 Ms. Seeley-Burnham is the Plaintiff in both the child support action and the divorce.
Exhibit "A"
7. By order of November 15, 2002, the Defendant's child support
obligation was set at $574.00 per month e1fective May 10, 2002.2
8. The Defendant's net monthly income from Dick's Sporting Goods and
Fed Ex Ground was determined to be $2,075.53.3
9. The Plaintiff's net monthly income from employment at the Phillips
Group was determined to be $3,912.40.
10. The Defendant voluntarily left his employment with Dick's Sporting
Goods in August, 2002, and obtained emplloyment at Book Span on or
about September 16, 2002.
11. The Defendant works 40 hours per week and has an hourly rate of pay
of$10.19.
12. The Defendant voluntarily left his part-time employment at Fed Ex
Ground in November, 2002.
13. The Defendant earned approximately $70.00 per week working at K &
B Toy Store over the Christmas holidays.
14. The Defendant has joined the United States Marine Corps Reserves
and is expected to begin monthly drills in Fl3bruary, 2003.
15. The Defendant will earn approximately $500.00 per month in the
reserves.4
16. The Plaintiff works as an account manager for Phillips Office Products
and receives both salary and commission.
17. The Plaintiff receives a bi-weekly salary of $1 ,270.00.
18. At the hearing held in August, 2002, it was determined that the Plaintiff
had average monthly commissions of approximately $2,212.00.
19. Effective November, 2002, the Plaintiff's commission structure was
significantly changed by her employer.
2 The order was entered following exceptions to this Master's Report and Recommendation following a
hearing held August 5, 2002.
3 See opinion dated November 15, 2002.
4 This figure contemplates one weekend per month for eleven months and two weeks active duty in the
summer. The figure is a monthly average annualizing the higher amount anticipated during the two-week
summer drill.
20. The Plaintiff anticipates that her income from commissions will be
significantly reduced in 2003.
21. On or about August 2,2001, the parties executed a document wherein
the Defendant was to receive the sum of $2,000.00 from the Plaintiff
"in lieu of any petition for spousal support.,,5
22. The Plaintiff paid the aforesaid sum of $2,000.00 to the Defendant.
DISCUSSION
The first issue in the case involves the documEmt executed by the parties
on August 2,2001. The Plaintiff argues that this document constitutes a waiver
by her husband of his right to pursue an action for alimony pendente lite. The
document appears to be correspondence from the Plaintiff to her counsel at the
time purporting to set forth the terms of certain agreements reached between the
parties. Paragraph one of the document states as follows:
Colleen Seeley-Burnham will give Mr. Burnham $2,000.00. This
money is in lieu of any additional petition for spousal support. This
money is payable to Mr. Burnham upon signing of this agreement. 6
The Defendant does not contest that he signed the document nor that he
received the $2,000.00 payment from his wife.
The Defendant argues that the document makEls no mention of alimony
pendente lite, and, therefore, it cannot constitute a waiver of the present action.
The case of Musko v. Musko, 697 A.2d. 255 (Pa. 1997) provides some
guidance on this issue. Musko involved an antenuptial agreement which stated
that the wife was not entitled to receive "any money or property or alimony or
support" in the event the parties should separate or divorce. On the day prior to
their marriage in 1991 the parties signed an agreement prepared by the
husband's attorney which contained the foregoing lan~luage. Approximately one
year after the wedding, the parties separated. The husband filed for divorce and
the wife filed a claim for alimony pendente lite. The trial court awarded APL and
the Superior Court affirmed the award. However, the Supreme Court reversed
holding that the fact that the agreement did not specifieally refer to alimony
pendente lite did not form a basis for her receipt of the award. The Court stated
that:
APL is defined in the Divorce Code as "An order for temporary
support granted to a spouse during the plsndency of a divorce or
annulment proceeding." 23 Pa. C.S. Section 3103. Clearly since
the agreement bars [the wife] from receiving "money or property or
5 See Plaintiff's Exhibit 1.
6 See Plaintiff's Exhibit 1.
alimony or support" because of a divorGe or separation, she is
barred from receiving APL, which is me,rely a type of support
awarded in divorce cases.
Musko v. Musko, supra at 256.
In the present case the document makes a spl3cific reference only to
spousal support. "Spousal support" is defined in the Divorce Code as "care,
maintenance, and financial assistance," while "alimony pendente lite" is defined
as'tan order for temporary support ~ranted to a spouse during the pendency of a
divorce or annulment proceeding."
Using the rationale set forth by the Court in Musko that APL ". . . is merely
a type of support awarded in divorce cases," the Plaintiffs argument that the
Defendant's claim for alimony pendente lite is barred appears correct.
The Defendant argues, however, that even if the document is found to bar
the claim for APL, the agreement set forth in the document is invalid because of
a lack of disclosure of the parties' financial assets. In Simeone v. Simeone, 581
A.2d. 162 (Pa. 1990) the Court, in ruling on the validity of an antenuptial
agreement,8 upheld the principle that a full and fair disclosure of the financial
positions of the parties is required and that absent this disclosure a material
misrepresentation in the inducement for entering the agreement may be
asserted. It is clear that the document executed by the parties on August 2,
2001, contains no disclosure of assets. The document itself is in the form of
correspondence from the Plaintiff to her attomel containing items upon which
the parties had reached agreement between themselves. The signature by the
Defendant on the document was a prerequisite to his receipt of the $2,000.00
from the Plaintiff. If, as the Plaintiff suggests, this document is to be viewed as a
postnuptial agreement wherein the Defendant waives his right to claim alimony
pendente lite in exchange for the payment to him of $:2,000.00, the validity of the
document cannot be upheld as a bar to this action under Simeone as it fails to
contain a full and fair disclosure of assets and fails to contain a provision that a
full and fair disclosure of assets has been made outside of the document.
Therefore, the husband's claim for alimony pendente lite is not barred and must
be addressed on the merits.
Judge Oler succinctly stated the law with respect to alimony pendente lite
in Clouse v. Clouse, 50 Cumberland L.J. 167 (2001), ciS follows:
723 Pa. C.S. Section 3103
8 The same principles of law apply to both antinuptial and postnuptial agreements. Mormello v. Mormello,
682 A.2d. 824 (Pa. Super. 1996).
9 Richard Gaffuey was the Plaintiff's attorney of record when the original complaint was filed on July 26,
2001.
The determination of whether to award alimony pendente lite has
traditionally been a matter within the sound discretion of the trial
court. Litmans v. Litmans, 449 Pa. Super. 209, 222, 673 A.2d. 382,
388 (1996) (citing Murphy v. MurphY, 4'10 Pa. Super. 146,599
A.2d. 647 (1991), appeal denied 530 PH. 633, 606 A.2d. 902
(1992), cert. denied, 506 U.S. 868,113 S.Ct. 196, 121 L.Ed.2d. 139
(1992)). APL is based on the need of one spouse to have the
financial resources to pursue or defend a divorce action, Litmans,
supra at 222, 673 A.2d. at 388. The CIHimant must show that APL
is needed to adequately preserve his or her rights in the litigation.
Sutliff v. Sutliff, 326 Pa. Super. 496, 500,474 A.2d. 599, 600
(1984), overruled on other grounds, Rosen v. Rosen, 520 Pa. 19,
549 A.2d. 561 (1988). In this regard, thj9 Pennsylvania Superior
Court has stated that "a spouse seeking alimony pendente lite who
has sufficient assets to meet the needs of the pending litigation and
who is equally situated with the other spouse to maintain or defend
the action, will not be awarded alimony pendente lite." Powers v.
Powers, 419 Pa. Super. 464, 467, 615 A.2d. 459, 467 (1992).
In adjudicating a claim for alimony pendlsnte lite, a Court should
consider the following factors: "the ability of the other party to pay;
the separate estate and income of the pl9titioning party; and the
character, situation, and surroundings of the parties." Litmans,
supra at 224,673 A.2d. at 389. Historically the mere fact that one
party earns less than the other has not automatically entitled him or
her to APL. Sutliff, supra at 500,474 A.2d. at 600.
If entitlement to APL is found, the amount of the award is calculated under the
guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998).
In the present case there is a significant disparity in the incomes of the
parties. In DeMasi v. DeMasi, 597 A.2d. 101, 104 (Pa. Super. 1993), in
discussing the purpose of APL, the Superior Court stated as follows:
APL is based on the need of one party to have equal financial
resources to pursue a divorce proceedin~~ when, in theory, the other
party has major assets which are the financial sinews of domestic
warfare.
The Defendant testified that his lifestyle and financial situation have deteriorated
significantly since the separation. He is behind several months on his day-to-day
living expenses. 'Entitlement to APL is appropriate in this case.
Before performing the calculation of the parties' respective obligations,
their incomes must be determined. The husband's net monthly income was
determined to be $2,075.53 by the Court in its opinion of November 15, 2002,
from employment at Dick's Sporting Goods and Fed lEx Ground.1o The
Defendant voluntarily left both positions, leaving Dick's in August and Fed Ex
Ground in November, 1992. He is now employed by Book Span where he
currently earns $470.60 per week. This equates to a gross monthly income of
$1,766.00. The Defendant is joining the Marine Corp Reserves which according
to his testimony will increase his gross monthly income by approximately
$500.00. This will result in gross monthly income of $2,266.00, which is
significantly less than the gross monthly income of $2,657.00 he earned prior to
leaving his employment at Dick's and Fed Ex Ground. When determining a
party's ability to pay support, the focus is on earning capacity, not on actual
earnings. Mooney v. Doubt, 766 A.2d. 1271 (Pa. Super. 2001). Where a party
voluntarily reduces his income by assumin~ a lower paying job, there generally
will be no effect on his support obligation.1 An earning capacity equal to his
actual earnings as determined by the order of November 15, 2002, will be
imputed to him.
The Plaintiff's net monthly income was found to be $3,912.40 at the
August hearing.12 The Plaintiff testified that on or about November 1, 2002, her
commission structure was significantly changed by her employer. Through July,
2002, she had average gross monthly income from commissions of $2,212.00.13
Unfortunately there has been insufficient time to determine what her commission
income will be under the new structure. The Plaintiff is paid for commissions in
the month following the sales upon which the commission is based. Her
commission earned in November, but paid in December, was only $512.58.
While this is certainly far lower than her previous monthly average, one month's
commissions are insufficient to determine what her new average monthly
commission income will be. If the commissions continue to be low, the Plaintiff
will be able to file for a modification of the order. Until that time, the income
computed in August, 2002, will continue to be utilized.
In situations where the non-custodial parent has a child support obligation,
but the custodial parent has a support obligation to the non-custodial parent, their
respective obligations are offset. The methodology for the calculation is set forth
in Pa. R. C. P. 1910 .16-4{ e). The calculation is shown on Exhibit A. Offsetting the
Defendant's child support obligation and the Plaintiff's APL obligation results in a
net obligation awarded to the Plaintiff for child support of $81.00 per month
during that period of time that she continues to have an APL obligation. The
effective date of the APL obligation is August 8,2002.
10 The Defendant's combined gross monthly income from both sources was $2,657.00. See Master's
Report and Recommendation dated August 8, 2002.
II Pa. R.C.P. 191O.l6-2(d)(1)
12 This determination of income was upheld in the opinion of November 15,2002.
13 See Master's Report and Recommendation dated August 8, 2002.
RECOMMENDATION
A. The child support obligation of the Defendant in the case docketed
to 624 Support 2001 is modified effective August 8, 2002, to reflect
the offsetting alimony pendente lite obli!gation of the Plaintiff in the
case docketed to 01-4502 Civil. Effective August 8, 2002, the
Defendant shall pay to the State Collection and Disbursement Unit
as support for his children, Theresa L.U. Burnham, born August 23,
1992, and Jacqueline M. Burnham, born June 7,1996, the sum of
$81.00 per month.
B. Except as modified herein, the order of November 15, 2002, shall
remain in full force and effect.
::J~ 1,,2.003
Date
~'L-U.~ Q i)~D~
Michael R. Rundle
Support Master
Step 1
Step 2
Step 3
Step 4
Wife's net monthly income
Husband's net monthly income
Difference
Multiplication factor without
dependent children
Wife's APL obligation
Wife
$3912.40
- 734.75
$3177.65
Husband
$3912.40
- 2075.53
1836.87
x .40
734.75
$2075.53
+ 734.75
2810.28
The calculation of Husband's child support obligation utilizing
adjusted incomes from Step 2 is shown on Exhibit B.
Offset the respective obligations
Husband's child support obligation
Wife's APL obligation from Step 1
Husband's adjusted child support obligation
Exhibit "A"
$815.76
- 734.75
81.01
In the Court of Common Pleas of Cumberland County, Pennsylvania
57. Total Support Amount if Deviating from Guidelines Calculation
$2,810.28
$2,810.28
$3,177.65
$5,987.93
$1,532.00
46.93
$718.97
$96.79
$815.76
$815.76
Date: 1/9/2003
Monthly:
$815.76
Exem
Weekly:
$187.75
tions
1
3
Weekly:
Monthly:
58. Justification for Deviatina from Guidelines Calculation and/or Other Cue Comments:
SupportCalc 2002
Exhibit "8"
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYSoAToLAW
26 W. High Street
Carlisle. P A
r
i
COLLEEN M. BURNHAM,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01..4502 CIVIL TERM
PACSES NO. 682104787
DAVID M. BURNHAM,
Defendant/Respondent
ORDER OF COURT
AND NOW, this
day of March, 2003, upon consideration of
the within Petition for Termination of Alimony PEmdente Lite, said Petition is joined
with Petition for increase in child support filed to the No. 624 S 2001 and set for an
office conference on March 21, 2003 at 10:30 a.m.
By the Court,
J.
SAIDIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYSoAToUW
26 W. High Street
Carlisle, P A
COLLEEN M. BURNHAM,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 011- 4502 CIVIL TERM
PACSES NO. 682104787
vs.
DAVID M. BURNHAM,
Defendant/Respondent
PETITION FOR TERMINA TION
OF ALIMONY PENDENTE LITE
NOW comes COLLEEN M. BURNHAM, a/kla COLLEEN SEELEY-
BURNHAM, by and through her counsel, Said is, Shuff, Flower & Lindsay, and
Petitions this Honorable Court as follows:
1. Petitioner is Colleen M. Burnham, a/kia, Colleen Seeley-Burnham, who
resides at 4831 Charles Road, Mechanicsburg, Pennsylvania 17055.
2. Respondent is David M. Burnham, who resides at Camp Lejeune, North
Carolina. Respondent is a Sergeant in the United States Marines.
3. On January 6, 2003, the Support Master entered a recommendation for
alimony pendente lite for the Respondent, finding that Respondent's net monthly
income as determined by this Honorable Court on November 15, 2002 in a
companion child support case, was $2,075.53.
4. No exceptions were taken to the Master's Report and Recommendation
which became a final Order by January 16, 2003.
5.
At the time of the determination of Respondent's entitlement to alimony
pendente lite, he had joined the United States Marine Corps Reserves and expected
to begin monthly drills in February 2003 with an approximate additional earnings at
that time of $500 per month.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYSoAT'L\W
26 W. High Street
Carlisle, PA
6. Respondent's circumstances have changed in that his Reserve Unit
was activated and Respondent is now receiving $12,322.98 annually as a
combination of travel and per diem through the Reserves as well as regular Marine
Corps pay which, upon information and belief, is approximately $3,342 per month.
7. Respondent no longer has the requisite need for alimony pendente lite.
8. Petitioner seeks an adjustment in child support and an office
conference on her Petition for modification is set for March 21, 2003 at 10:30.
WHEREFORE, Petitioner prays this Honorable Court to terminate the alimony
pendente lite of David M. Burnham effective the date of his activation into the
Marines, January 23, 2003.
SAlOIS, SHUFF, FLOWER & LINDSAY
Attorneys for Plaintiff
By:
SAIDIS
SHUFF, FWWER
& LINDSAY
A1TORNEYSoAToLAW
26 W. High Street
Carlisle, PA
II
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities.
l.. . ,.-.-, . ~,
Colleen M. Burnham
Date: c 3 - II - C":3
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATI'ORNEYSoAToLAW
26 W. High Street
Carlisle, P A
COLLEEN M. BURNHAM,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01- 4502 CIVIL TERM
PACSES NO. 682104787
vs.
DAVID M. BURNHAM,
Defendant/Respondent
CERTIFICATE OF SERVICE
AND now, this I~ day of /~cl.t
2003, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER &
LINDSAY, Attorneys, hereby certify that I served the within this day by depositing same
in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania,
addressed to:
Clyde W. Vedder, Esquire
Morris & Vedder
32 North Duke Stneet
P. O. Box 544
York, PA 1740~;
1 sl Sergeant David M. Burnham
H&S Companies
1/25 -PSC Box 201172
Camp Lejeune, NC 28542-0172
SAlOIS, SHUFF, FLOWER & LINDSAY
Attorney~s for Plaintiff
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COLLEEN M. BURNHAM,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01- 4502 CIVIL TERM
PACSES NO. 682104787
vs.
DAVID M. BURNHAM,
Defendant/Respondent
ORDER OF COURT
AND NOW, this
21~+
day of March, 2003, upon consideration of
the within Petition for Termination of Alimony Pendente Lite, said Petition is joined
with Petition for increase in child support filed to the No. 624 S 2001 and set for an
office conference on March 21, 2003 at 10:30 a.m.
By the CO~ Roll
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
DAVID M. BURNHAM ) Docket Number 01-4502 CIVIL
Plaintiff )
VS. ) PACSES Case Number 682104787
COLLEEN M. SEELEY-BURNHAM )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit on this
21ST DAY OF MARCH, 2003
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or G9 Other
ALIMONY PENDENTE LITE
filed on DECEMBER 12, 2003 in the above captioned
matter is dismissed without prejudice due to:
A SUBSTANTIAL CHANGE IN THE PARTIES' INCOMES.
o The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
DRO: RJ Shadday
xc: plaintiff
defendant
Carol Lindsay, Esquire
BY THE COURT:
JUDGE
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Worker ID 21005
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COLLEEN M. BURNHAM,
Plaintiff
Ys.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01..4502 CIVIL TERM
DAVID M. BURNHAM,
Defendant
: IN DIVORCE
PRAECIPE TO WITHDRAWAPPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance on behalf of the Plaintiff, Colleen M. Burnham, in the
above captioned case.
~~~
525 North 12'h Street
P. O. Box 168
Lemoyne, PA 17043
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Plaintiff, Colleen M. Burnham, in
the above captioned case.
SAlOIS, SHUFF, FLOWER
Attorneys fO~laintiff
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Carol. . Un
10# #693
26 W Street
Carlisle, PA 17013
(717) 243-6222
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UFF, FLOWER
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i W. Hi8h Street
Carlisle, PA
COLLEEN M. BURNHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01- 4502 CIVIL TERM
DAVID M. BURNHAM.
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~ 3301 (c) of the Divorce Code was filed on
July 26, 2001.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint
3. '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.
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David M. Burnham, Defendant
Date: ( 2/( /9"3
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UFF, FLOWER
~ LINDSAY
fTORNEYS-AT-LAW
~ W. High Street
Carlisle, P A
COLLEEN M. BURNHAM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
NO. 01- 4502 CIVIL TERM
DAVID M. BURNHAM.
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
!l3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce 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 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.
~~~
David M. Burnham, Defendant
Date: ezf/ rip
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26 W. High Street
Carlisle. P A
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COLLEEN M. BURNHAM.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01- 4502 CIVIL TERM
VS.
DAVID M. BURNHAM,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Co~plaint in Divorce under ~ 33()1 (e) of the Divorce Code was filed on
July 26, 2001.
2. The marriage of plaintiff and defendant is irretrievably 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 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.
~ /V1. E..L..h_.
Colleen M. Bu;h;;,- Pi;;?iff
Date: I~J~J/03
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COLLEEN M. BURNHAM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01- 4502 CIVIL TERM
V5.
DAVID M. BURNHAM.
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
S3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce 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 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.
l ~ ~(..v..,zA-"'< ....4-
Colleen M. Burnham, Plaintiff
Date: /,Q 1.< I I CJ 3
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Carlisle. P A
COLLEEN MARIE SEELEY-BURNHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Ys. NO. 01-4502 CIVIL TERM
DAVID MARTIN BURNHAM,
Defendant IN DIVORCE
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY:
Please withdraw the counts for economic relief set out in the Complaint in Divorce.
By:
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COLLEEN MARIE SEELEY-BURNHAM,
PLAINTIFF
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-4502 CIVIL TERM
DAVID MARTIN BURNHAM,
DEFENDANT
IN DIVORCE
ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE
I hereby enter my appearance on behalf of the Defendant, David Martin Burnham, in
the above-captioned action and accept service of the Complaint as August 24, 2001 and
acknowledge receipt of the same.
c--~..1l&u,
Susan Kay C ndi 110
Attorney for ef ndant
Supreme Court ID # I.ol{qq ~
DEe 2 9 2003
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
No. 01-4502
vs.
DAVID M. BURNHAM,
Defendant
Action in Divorce
PRAECIPE TO REMOVE
TO THE PROTHONOTARY:
(X) Kindly mark the Petition for Related Claims filed of
record on August 9,
2002 in the above-captioned action
"withdrawn" by order of Defendant.
Respectfully submitted,
MORRIS & VEDDER
DATED: April 12, 2004
BY, ~/~,
Clyde W. Vedde , Esquire
32 N. Duke St.
PO Box 544
York, PA 17405
(717) 843-9815
Supreme Court No. 32098
Attorney for Defendant
Doc. No. Cwv8510
MORRIS &: VEDDER
32 N. DUKE ST.
YORK. PA.
IORRIS a: VEDDER
32 N. DUKE ST.
YORK. PA.
II
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
No. 01-4502
vs.
DAVID M. BURNHAM,
Defendant
Action in Divorce
CERTIFICATE OF SERVICE
I, Stephanie M. Warehime, Secretary to Clyde W. Vedder,
Esquire, of the law firm of Morris & Vedder, 32 North Duke Street,
PO Box 544,
Ci ty of York,
York County,
Commonweal th of
Pennsylvania, 17405, do hereby certify that on this 12th day of
April, 2004, I served a true and correct copy of Praecipe to
Remove, by placing the same in the United States mail, postage
prepaid to:
Carol J. Lindsay, Esquire
26 W. High St.
Carlisle, PA 17013
MORRIS & VEDDER
BY: .Q<---I7{ <
~ephanie M. Warehime, Secretary
to Clyde W. Vedder, Esquire
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COLLEEN M. BURNHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 01 - 4502 CIVIL
DAVID M. BURNHAM,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
7 1'- doy of ~
a praecipe withdrawing the economic
2004, counsel having filed
claims raised in the proceedings and indicating that the
parties wish to proceed to conclude the divorce under Section
3301(c) without a marital settlement agreement, the appointment
of the Master is vacated.
BY THE COURT,
G
cc: Carol J. Lindsay
Attorney for Plaintiff
Clyde W. Vedder
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
MORRIS Be VEDDER
I COLLEEN M. BURNHAM,
I Plaintiff
i
I,
II DAVID M. B::~HAM'
Ii, Defendant
I!
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II TO THE PROTHONOTARY:
I
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,
I
Ii record on August 9,
~ "Reinstated" by order of Defendant.
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I DATED: January 11, 2006
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'I Doc. No. Cwv00803
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No. 01-4502
Action in Divorce
PRAECIPE TO REINSTATE
(X)
Kindly mark the Petition for Related Claims filed of
2002
32 N. DUKE ST.
YORK. PA.
in
above-captioned
action
the
Respectfully submitted,
MORRIS & VEDDER
'''c~~ '
32 N. Duke St.
PO Box 544
York, PA 17405
(717) 843-9815
Supreme Court No. 32098
Attorney for Defendant
,
MORRIS &: VEDDER
32 N. DUKE ST.
YORK. PA.
1,
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
No. 01-4502
vs.
DAVID M. BURNHAM,
Defendant
Action in Divorce
CERTIFICATE OF SERVICE
I, Stephanie M. Warehime, Secretary to Clyde W. Vedder,
Esquire, of the law firm of Morris & Vedder, 32 North Duke
Street, PO Box 544, City of York, York County, Commonwealth of
pennsylvania, 17405, do hereby certify that on this nth day of
January, 2006, I served a true and correct copy of Praecipe to
Reinstate, by placing the same in the United States mail, postage
prepaid to:
Carol J. Lindsay, Esquire
26 W. High St.
Carlisle, PA 17013
MORRIS & VEDDER
~. / ~
BY: -:;-;;;7 1/ !
~ephanie M.'Warehime, Secretary
to Clyde W. Vedder, Esquire
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN~Y, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
No. 01-4502
DAVID M. BURNHAM,
Defendant
Action in Div rce
"withdrawn" by order of Defendant.
Respectfully
MORRIS & VEDD R
DATED: January 18, 2006
~~
vs.
I,
Ii TO THE PROTHONOTARY:
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PRAECIPE TO REMOVE
(Xl
Kindly
mark
Defendant's
Affidavit
f
and
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,I Doc. No. Cwv0930
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MORRIS a: VEDDER
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32 N. DUKE ST.
YORK. PA.
Consent
Wavier of Notice filed of record in the above- aptioned action
ubmitted,
MORRIS 8r: VEDDER
32 N, DUKE ST.
YORK. PA.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTlf, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
vs.
DAVID M. BURNHAM,
Defendant
No. 01-4502
Action in Div rce
CERTIFICATE OF SERVICE
I, Stephanie M. Warehime, Secretary to C yde W. Vedder,
Esquire, of the law firm of Morris & Vedder, 32 North Duke
Street, PO Box 544, City of York, York County, Commonwealth of
Pennsylvania, 17405, do hereby certify that on his lsth day of
January, 2006, I served a true and correct copy of Praecipe to
prepaid to:
Remove, by placing the same in the United Stat s mail, postage
Carol J. Lindsay, Esquire
26 W. High St.
Carlisle, PA 17013
MORRIS & VEDDER
/-
(,/ /' (
By:;;yL ,I"
/5'tephanie M. Warehime, Secretary
to Clyde W. Vedder, Esquire
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I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
,
, CIVIL DIVISION: LAW
,
COLLEEN M. BURNHAM,
Plaintiff
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II DAVID M. BURNHAM,
Defendant
vs.
No. 01-4502
Action in Divorce
MOTION FOR APPOINTMENT OF MASTER
408 Pawnee Drive
Plaintiff's Street Address
Mechanicsburg, PA 17050
City State Zip Code
~ Carol J. Lindsay, Esquire
II Attorney for Plaintiff
I
ii' 26 West High Street
I, Street Address
Ii Carlisle, PA 17013
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i City State
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I (717) 243-6222
I (Area Code) Telephone Number
If
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I TO THE HONORABLE, THE JUDGES OF
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, David M. Burnham,
Zip Code
AND NOW, TO WIT, this
5009 McDonald Drive, No.3
Defendant's Street Address
Mechanicsburg, PA 17050
City State Zip Code
Clyde W. Vedder, Esquire
Attorney for Defendant
32 N. Duke St., PO Box 544
Street Address
York, PA 17405
City State
Zip Code
(717) 843-9815
(Area Code) Telephone Number
THE SAID COURT:
diray of February,
2006, comes
Defendant, by his attorneys, Morris & Vedder,
and moves the Court to appoint a master with respect to the
MORRIS &: VEDDER
~ following claims:
~ Divorce
Annulment
32 N. DUKE ST,
YORK. PA.
Alimony
(X)
Alimony Pendente Lite
Distribution of Property
Support
Counsel Fees
Costs and Expenses
i and in support of the motion states as follows:
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MORRIS 8r: VEDOER
32 N. DUKE ST.
YORK. PA.
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1.
Discovery is complete as to the claims (s) for which
, the appointment of a master is requested.
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j motion: Plaintiff incorrectly contends that an informal agreement
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in
her
action
by
The
Plaintiff
has
appeared
the
attorney, Carol J. Lindsay, Esquire.
3.
The statutory grounds for divorce are 3301(a), 3301(c)
and 330l(d).
4.
The action is contested with respect to the following
claims: all economic claims.
5.
The action does not involve complex
issues
of law or
fact.
6.
The hearing is expected to take one (1) hour.
7.
Additional
information,
any,
if
relevant
to
the
made between the parties controls.
Defendant contends that such
agreement is null and void.
Respectfully submitted,
MORRIS & VEDDER
Date: February/s-;-2006
By: /I~//
Cl~:der![~e '
32 N. Duke St.
PO Box 544
York, PA 17405
(717) 843-9815
Supreme Court No. 32098
Doc. No. Cwv6163-2
2
MORRIS 8: VEDDER
32 N. DUKE ST.
YORK. PA.
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
No. 01-4502
vs.
00624 SA 2001
PACSES Case No. 795103682
DAVID M. BURNHAM,
Defendant
Action in Divorce
CERTIFICATE OF SERVICE
I, Stephanie M. Warehime, Secretary to Clyde W. Vedder,
Esquire, of the law firm of Morris & Vedder, 32 North Duke
Street, PO Box 544, City of York, York County, Commonwealth of
Pennsylvania, 17405, do hereby certify that on this 15th day of:
February, 2006, I served a true and correct copy of Motion fori
Appointment of Master, by placing the same in the United States:
mail, postage prepaid to:
Carol J. Lindsay, Esquire
26 W. High St.
Carlisle, PA 17013
MORRIS & VEDDER
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BY: );;:; L " / ('
~tephanie M. Warehime, Secretary
to Clyde W. Vedder, Esquire
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
I
!COLLEEN M. BURNHAM,
I Plaintiff
No.
01-4502
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II DAVID
II
II
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vs.
00624 SA 2001
PACSES Case No. 795103682
M. BURNHAM,
Defendant
Action in Divorce
COMPLAINT FOR ALIMONY PENDENTE LITE
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW, TO WIT, this /?-C~day of February,
2006,
comes
David M. Burnham, Defendant above-captioned, by his attorneys,
il Morris & Vedder, and files this Complaint for Alimony Pendente
I'
~Lite of which the following is a statement:
II
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I 1. Your Petitioner, David M. Burnham, is an adult male
I
individual residing at 5009 McDonald Drive, No.3, Mechanicsburg,
32 N, DUKE ST.
YORK. PA.
I Cumberland County, Commonwealth of Pennsylvania 17050. He is the
I!Defendant in the underlying Divorce Action, and pleaded the issue
~Of alimony pendente lite in the Petition for Related Claims filed
II wi th the Prothonotary on August 9, 2002 and being reinstated
II contemporaneous herewith.
~ 2. Respondent is Colleen M. Burnham, an adult female
~individual residing at 408 Pawnee Drive, Mechanicsburg,
Ilcumberland County, Commonwealth of Pennsylvania 17050.
II
II 3. The parties were married on October 30, 1994 and
II separated on September 1, 200l.
II 4. Respondent has not sufficiently provided support for
!Plaintiff.
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5. Respondent is employed at Philip's Office Products and
earns $3,600.00, more or less, net per month.
Respondent's
social security number is 108-54-5283.
6. Your Petitioner is employed at Boscov's and earns
!
,
i $900.00, more or less, net pay per month. In addition, your
I
I Peti tioner receives $567.17 as reserve pay which will cease by
I June, 2006. Your Petitioner's social security number is 523-90-
4029.
7. Your Petitioner needs reasonable support to adequately
jmaintain himself in accordance with the standard of living
iestablished during the marriage.
,
I
8. Your Petitioner is not receiving public assistance.
9. The amount requested by Plaintiff for Alimony Pendente
Lite is as much as permitted by law.
WHEREFORE,
Petitioner, David M. Burnham, requests your
'Honorable Court to enter an Order of Alimony Pendente Lite
against Respondent, as well as to require Respondent to provide
32 N. DUKE ST.
YORK, PA.
II medical support for Petitioner, if appropriate.
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~DOC. No. Cwv6046
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Respectfully submitted,
MORRIS a VEDDER
MORRIS & VEDDER
BY'~
Clyde W. Vedder, Esquire
32 N. Duke St.
PO Box 544
York, PA 17405
(717) 843-9815
Supreme Court No. 32098
2
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COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF YORK
Before me, a Notary Public, in and for the said County and
State, personally appeared David M. Burnham, who being duly sworn
according to law, doth depose and say that the facts set forth in
the foregoing document are true and correct to the best of his
knowledge, information and belief.
~~,jJ~
David M. Burnham
(SEAL)
Sworn and subscribed to
'i before me this
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flof February, 2006
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/5 day
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jfN6tary
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COMMONWEALfH OF PENNSYLVANIA
NOTARIAl. SEAL
STEPHANIE M, WAREHIME, Notary Public
City of York, York County
My CommisSlon~xpi~e~~~r_ch 21,3009
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MORRIS 8< VEDDER II
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32 N. DUKE ST.
YORK. PA.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
No. 01-4502
vs.
00624 SA 2001
PACSES Case No. 795103682
DAVID M. BURNHAM,
Defendant
Action in Divorce
CERTIFICATE OF SERVICE
I, Stephanie M. Warehime, Secretary to Clyde W. Vedder,
Esquire, of the law firm of Morris & Vedder, 32 North Duke
Street, PO Box 544, City of York, York County, Commonwealth of
Pennsylvania, 17405, do hereby certify that on this 15th day of
February, 2006, I served a true and correct copy of Complaint for
Alimony Pendente Lite, by placing the same in the United States
mail, postage prepaid to:
Carol J. Lindsay, Esquire
26 W. High St.
Carlisle, PA 17013
MORRIS & VEDDER
BY: ~'/ /~/
.At phanie M. "Warehime, Secretary
to Clyde W. Vedder, Esquire
MORRIS &:: VEDDER
32 N. DUKE ST.
YORK, PA.
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BACKGROUND FOR APL PETITION
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Name of Petitioner D::lv;(l'M RltT"nn::lm social Security NumberS?1_QO_40?9
Address 00 M D na D' e Me han' r
Date of Birth 10 07 h 1 Place of Birth DpmTPr ~() Phone # /7
Maiden name of Petitioner Name of AttorneyClvde W. Ve er, squire
Name and Address of employer Boscov I S
Occupation ~~l >AJ...C (n..,:',. Average weekly net income ~36()
Name of Respondent Colleen M.Burnham Social Security Number 108-54-5283
Address 408 Pawnee Driver, Mechanicsburg, PA 1705'0
Date of Birth 05.07.63 Place of Birth Suffertn, NY Phone #
Name and Address of employer Pn;lip'~ Offi~e Products
Occupation Acct. Reo -Sales Average weekly net income $900.00
Respondent's military service
Race Height Weight
Respondentls Father's name and address
Respondent's Mother's name and address
Other income{s} for parties (if applicable)
Respondent's Atty. Carol S. Lindsay, Equire
Color hair Eyes
P.4'h.......r ~
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When and Where married 10.30.95 - Alexandria, VA
Last marital domicile 'ISJT C.t.....,I~, t..( Meek.
Are you Plaintiff or Defendant in the underlying
Prothonotary's Docket No. 01-4502
When and how much was the Respondent's last contribution for APL/Spousal support?
Date of separation
fA- 17.. ,0
divorce action?
09.01.01
~..s- '--f.
A1::e you receiving Public Assistance? ( )Yes ( XX)No; Dept. of Public Welfare #
Did you ever file a complaint for support or APL in any court? (XX )Yes )No
If so, Where? Cllmnprl ;:Inn r.01mry. PA What is the status of that case?
Complaint was withdrawn.
Reason for separation
Remarks
A1::e you requesting medical support services?
Medical Insurance Information: CompLete this section as fully as poss~le at the time
of app~icati.on.
Who insures the Petitioner for whom APL is requested?
_____Respondent ~petitioner
Respondentls Insurance Information
Insurance Carrier:
Peti tioner's Insurance Information
Insurance Carrier:
Group/Policy/Agreement number:
Group/Policy/Agreement number:
List of names for those covered:
List of names for those covered:
Type of Coverage:
( )Medicare Part A
( )Medicare Part B
( )Dental coverage
( )Vision coverage
( )Major Medical coverage
( )Hospital Plan only
( )Basic Hospitalization/Physician
( )Drug/Prescription coverage/Plan
( ) NO COVERAGE AVAILABLE NX PRESENT
Date t\.2)5 he. petitioner/Attorney Signature
Type of Coverage:
) Medicare Part A-
) Medicare Part B
)Dental coverage
)Vision coverage
)Major Medical coverage
)Hospital Plan only
) Basic "Hospitalization/Physician
)Druq/Prescr'ption covera e/Plan
) PRESENT
------~---------------Domestic Relations Office
Date APL request received by DRS
Docket number
Use Below This Line--------------------
DRO number
Conference Information
DATE MEDICAL INFORMATION IS FULLY COMPLETED AND VERIFIED
u ,...., IT'\Ot"l ..T,.....,...""".,... .; .......""....+.;....,... ...................., ""+.;........ ....l",+""
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Date PC: Data
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COLLEEN M. BURNHAM,
PlaintifVRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
DA VlD M. BURNHAM,
Defendant/Petitioner
NO. 01-4502 CIVIL TERM
IN DIVORCE
PACSES # 682104787
ORDER OF COURT
AND NOW. this 10th day of February, 2006,npon consideration of the Petition for Alimony
Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear
before RJ. Shaddav on Man'h 14. 2006 at 1:30 P.M. for a conference, at 13 N, Hanover St, Carlisle. PA
17013, after wliich the conference officer may recommend that an Order for Alimony Pendente Lite be
entered.
YOU are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order. completed as required by Rule
1910.111(;)
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
Edgar B. Bayley. President Judge
Copies mailed on
February 21, 2006 to: Petitioner
Respondent
Clyde W. Vedder, Esquire
Carol J. Lindsay, Esquire
Date of Order February 21. 2006 -tl "1 -- / _A UiT
lfi: J flt;dday Conference Officer (
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTE~D THE CONFERENCE AND '".:.
REPRESENT YOU. 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 MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
No. 01-4502
vs.
DAVID M. BURNHAM,
Defendant
Action in Divorce
ORDER APPOINTING MASTER
c: 'i!;JI!1',}.UYt E;~;f<e. '~~'i:'~iO~;d ~<;{~:~, ce;g:~,
I to t e following cl~ims:
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( )
(X)
Divorce
Annulment
Alimony
Alimony Pendente
Lite
BY
Distribution of Property
Support
Counsel Fees
) Costs and Expenses
rf~~U7r;r;
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J.
SCHEDULING OF PRE HEARING CONFERENCE
MORRIS 8: VEDDER
32 N. DUKE ST.
YORK. PA.
AND NOW, the day of
Prehearing Conference is scheduled for
I, 2006, at a.m. /p.m. in the
, The parties and attorneys will attend and
discuss anticipated issues and settlement of some or all claims.
Any request for a continuance shall be in writing and shall
II comply with the requirements of Cumberland Rules of Civil
Procedure 1920.5l(k).
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the
DIVORCE MASTERS OFFICE
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SAlOIS,
FLOWER &
LINDSAY
AITORNEYS>AT.I.AW
26 West High Street
Carlisle, PA
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COLLEEN M. SEELEY-BURNHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 01-4502 CIVIL TERM
DAVID M. BURNHAM,
Defendant
IN DIVORCE
AFFIDAVIT UNDER SECTION 3301ldl OF THE DIVORCE CODE
1. The parties to this action separated on August 24, 2001, and have continued
to live separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. 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 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 PaCS, 94904 relating
to unsworn falsification to authorities.
Dated:
C.m- ,~~
Colleen M. Seeley, Burnham
'\
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
DAVID M. BURNHAM ) Docket Number 01-4502 CIVIL
Plaintiff )
vs. ) PACSES Case Number 682104787
COLLEEN M. SEELEY-BURNHAM )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit on this
14TH DAY OF MARCH, 2006
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or <Xl Other
ALIMONY PENDENTE LITE REQUEST filed on FEBRUARY 17, 2006 in the above captioned
matter is dismissed without prejudice due to:
THE PETITIONER WITHDRAWING HIS REQUEST FOR ALIMONY PENDENTE LITE.
o . The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
BY THE COURT:
J.
JUDGE
DRO, R. J. Shadday
ServIce Type M
Form OE-506
Worker ID 21005
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ATIOIlNEfS.AT.\AW
26 West High Stteet
Carlisle, PA
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COLLEEN M. SEELEY-BURNHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-4502 CIVIL TERM
v.
DAVID M. BURNHAM,
Defendant
IN DIVORCE
NOTICE OF INTENTION TO REQUEST
ENTRY OF 3301(d) DIVORCE DECREE
To: David M. Burnham, Defendant
You have been sued in an action for divorce. You have failed to answer the
complaint or file a counter-affidavit to the 93301 (d) affidavit. Therefore, on or after May 17,
2006, the other party can request the court to enter a final decree in divorce.
If you do not file with the Prothonotary of the court an answer with your signature
notarized or verified or a counter-affidavit by the above date, the court can enter a final
decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is
attached to this notice.
Unless you have already filed with the court a written claim or economic relief, you
must do so by the above date or the court may grant the divorce and you will lose forever the
right to ask for economic relief. The filing of the form counter-affidavit alone does not protect
your economic claims.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU
CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 800-990-9108
..
. ...
SAlOIS,
FLOWER &.
LINDSAY
ATIO\lNDSoAT.L\W
26 West High Street
Cadisle, PA
"
CERTIFICATE OF SERVICE
I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby
certify that on this date a copy of the attached document was served on the following individual,
postage prepaid, addressed as follows:
Clyde W. Vedder, Esquire
Morris & Vedder
32 North Duke Street
P. O. Box 544
York, PA 17405
SAlOIS, FLOW -..& LINDSAY
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Carol J. Lindsay, Es ir
Supreme Court I o.
26 West High Str
Carlisle, PA 17013
717 -243-6222
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COLLEEN M. BURNHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 01 - 4502 CIVIL
DAVID M. BURNHAM,
Defendant
IN DIVORCE
ORDER OF COURT
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AND NOW, this day of "\~
2006, there being no economic claims pending before the Master
and an affidavit under Section 330l(d) having been filed on
March 14, 2006, averring a separation in excess of two years,
no involvement by the Master is necessary, and the appointment
of the Master is vacated.
BY THE COURT,
cc: t.t'arol J. Lindsay
Attorney for Plaintiff
~lyde W. Vedder
Attorney for Defendant
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SAIDIS,
FlOWER &
LINDSAY
IJIOIINE1SolJ.lAW
26 West High Street
Carlisle, PA
I
COLLEEN M. SEELEY-BURNHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-4502 CIVIL TERM
v.
DAVID M. BURNHAM,
Defendant
IN DIVORCE
COUNTER-AFFIDAVIT UNDER ~3301(d) OF THE DIVORCE CODE
1. Check either (a) or (b):
(a) I do not depose the entry of a divorce decree.
(b) xxx I oppose tt-Ie entry of a divorce aecree because (cneck (I), (Ii) or both)
(i) The parties to this action have not lived separate and apart for a
period of at least two years.
(ii) X The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. 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.
(b) xxx I wish to claim economic relief which may include alimony, division of
property, lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic
claims with the Prothonotary in writing and serve them on the other party. If I fail to do so
before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce
decree may be entered without further notice to me, and I shall be unable thereafter to file
any economic claims.
I verify that the statements made in this counter-affidavit are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
94904, relating to unsworn falsification to authorities.
Dated: /) PI",,? (ptJ-6
~~.lJ -
David M. Burnham
NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not
wish to make any claim for economic relief, you should not file this counter-affidavit.
I
-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COLLEEN M. BURNHAM,
Plaintiff
No. 01-4502
vs.
DAVID M. BURNHAM,
Defendant
Action in Divorce
CERTIFICATE OF SERVICE
I, Stephanie M. Warehime, Secretary to Clyde W. Vedder,
Esquire, of the law firm of Morris & Vedder, 32 North Duke
Street, PO Box 544, City of York, York County, Commonwealth of
Pennsylvania, 17405, do hereby certify that on this 18th day of
May, 2006, I served a true and correct copy of Counter-Affidavit
Under ~3301(d) of the Divorce Code, by placing the same in the
United States mail, postage prepaid to:
Carol J. Lindsay, Esquire
26 W. High St.
Carlisle, PA 17013
MORRIS & VEDDER
BY: ~L' r // c )
~ephanie M.>>Warehime, Secretary
to Clyde W. Vedder, Esquire
MORRIS a VEDDER
32 N. DUKE ST.
YORK. PA.
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SAIDIS,
ROWER &
LINDSAY
AIII"""".".,u.lAW
26 West High Street
Carlisle,PA
COLLEEN M. SEELEY-BURNHAM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-4502 CIVIL TERM
v.
DAVID M. BURNHAM,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(d) of the
Divorce Code.
2. Date and manner of service of the complaint: Defendant was served via
Acceptance of Service signed by Susan Kay Candiello, Esquire, August 24, 2001, original
attached. (Complete either paragraph (a) or (b)).
(b) (1) Date of execution of the Affidavit required by Section 3301 (d)
of the Divorce Code: March 14, 2006. (2) Date of filing of
Plaintiffs Affidavit of Consent and service of Plaintiffs Affidavit
upon the Respondent: March 14, 2006.
4. Related claims pending: None
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: Served
on Defendant's counsel on April 28, 2006 by first class mail.
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COLLEEN MARIE SEELEY-BURNHAM,
PLAINTIFF
vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-4502 CIVIL TERM
DAVID MARTIN BURNHAM,
DEFENDANT
IN DIVORCE
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ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCi~ ~ ~~
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I hereby enter my appearance on behalf of the Defendant, David Ma~Jlur~ani~
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the above-captioned action and accept service of the Complaint as August 24~Oef&.antf
acknowledge receipt of the same.
JOHN E. SLIKE
ROBERT C SAlDIS
JAMES D, FLOWER, JR
CAROL J. UNDSA Y
MICHAEL L. SOLOMON
BRIAN C CAFFREY
GEORGEF.DOUGLAS,lll
THOMAS E. FLOWER
MARYLOU MATAS
SUZANNE C HIXENBAUGH
LAWDFFICES
SAIDIS, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST mCR STREET
CARLISLE, PENNSYL VANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: attorney@sfl-Iaw.com
www.sfl-law.com
CAMP HILL OFFICE:
2109 MARKET STREET
CAMP HILL, PA 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
REPLY TO CARUSI.F
March 14, 2006
Clyde W. Vedder, Esquire
Morris & Vedder
32 North Duke Street
P. O. Box 544
York, PA 17405
Re: Burnham v. Burnham
Your File No. 585-51
Dear Clyde:
I am enclosing an Affidavit under section 3301(d) filed by Colleen.
Colleen and I had a long discussion before she decided that she would simply proceed
to divorce. The issue was whether or not, since all other assets were divided, she wanted to
assert a claim in your client's pension. As you know, pursuant to Act 175, her entitiement to his
pension wouid extend from the date of separation to the date of distribution. Since your client
had been serving in Iraq, there was likely an increase in the value of the pension in a substantial
amount and Colieen would have an interest in that increase. Colleen determined that she would
waive any claim she had to the pension and simply proceed to divorce.
Mr. Burnham has decided that he wishes to withdraw his Affidavit of Consent and apply
for the Divorce Master. We will go along with him in that regard, but he might want to seriously
reconsider the wisdom of that move in light of Colleen's claim on his pension. If your client
wishes to maintain his pension without challenge, perhaps he will sign another Affidavit of
Consent, withdraw his Motion for the appointment of a Master and permit the parties to be
divorced,
Very truiy yours,
SAIDA" FLOWER & LINDSAY
&
carol~re
CJUbes
Enclosure
cc: Colleen Seeley-Burnham
SAIDIS,
FLOWER &
IlNDSAY
MlDRNI!YSoAT.LAW
26 West High Street
Carlisle,PA
COLLEEN M. SEELEY-BURNHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-4502 CIVIL TERM
v.
1.
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AFFIDAVIT UNDER SECTION 3301(dl OF THE DIVORCE coilE =:::: ;~~
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The parties to this action separated on August 24, 2001, and have c61'ltinLi&1
DAVID M. BURNHAM,
Defendant
IN DIVORCE
to live separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. 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 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. S4904 relating
to unsworn falsification to authorities.
Dated: .3-14 0 (,
(!. YY1 r --;~
Colleen M. Seeley, Burnham
JOHN E. SUKE
ROBERT C SAlDIS
JAMES D. FLOWER, JR
CAROL). UNDSAY
MICHAEL L. SOLOMON
BRIAN C CAFFREY
GEORGE F. DOUGLAS, III
THOMAS E. FLOWER
MARYLOU MATAS
SUZANNE C HIXENBAUGH
Clyde W. Vedder, Esquire
Morris & Vedder
32 NDrth Duke Street
P. O. BDx 544
YDrk,PA 17405
LAW OFFICES
SAIDIS, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: altorney@sfl-Iaw.com
www.sfl.law.com
April 28, 2006
Re: Burnham v. Burnham
Your File No. 585-51
Dear Clyde:
CAMP HILL OFFICE:
2109 MARKET STREET
CAMP HILL. PA 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
REPLY TO CARLISLE
I enclose a Notice of Intention to Request Entry of a 3301 (d) Divorce Decree in the
above referenced matter.
Very truly yours,
CJ Llbes
Enclosure
cc: Colleen Seeley-Burnham '
'.
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-4502 CIVIL TERM
COLLEEN M. SEELEY-BURNHAM,
Plaintiff
DAVID M. BURNHAM,
Defendant
IN DIVORCE
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NOTICE OF INTENTION TO REQUEST
ENTRY OF 3301(d) DIVORCE DECREE
-
To:
David M. Burnham, Defendant
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You have been sued in an action for divorce. You have failed to answer the
complaint or file a counter-affidavit to the 93301(d) affidavit Therefore, on or after May 17,
2006, the other party can request the court to enter a final decree in divorce.
If you do not file with the Prothonotary of the court an answer with your signature
notarized or verified or a counter-affidavit by the above date, the court can enter a final
decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is
attached to this notice.
Unless you have aiready filed with the court a written claim or economic relief, you
must do so by the above date or the court may grant the divorce and you will lose forever the
right to ask for economic relief. The filing of the form counter-affidavit alone does not protect
your economic claims.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. iF YOU DO
NOT HAE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU
CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 800-990-9108
SAlOIS,
FLOWER &
UNDSAY
A..lIUKNIMloAT.IAW
26 West High Street
Carlisle,PA
i~e
. 44693
SAIDIS,
.<LOWER &
LINDSAY
JUlORNI:.-ys,AT-LAW
26 West High Street
Carlisle,PA
CERTIFICATE OF SERVICE
I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby
certify that on this date a copy of the attached document was served on the following Individual,
postage prepaid, addressed as follows:
Clyde W. Vedder, Esquire
Morris & Vedder
32 North Duke Street
P. O. Box 544
York, PA 17405
Carol J. Lindsay, Es, uir
Supreme Court I o. ~693
26 West High Str
Carlisle, PA 17013
717 -243-6222
SAlOIS,
FLOWER &.
LINDSAY
lUu_ATolAW
26 West High Street
Carlisle,PA
On this
/1
CERTIFICATE OF SERVICE
day of June, 2006, Carol J. Lindsay, Esquire, of the law firm of SAlOIS,
FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was
served on the following individual, via first class mail, postage prepaid, addressed as follows:
Clyde W. Vedder, Esquire
Morris & Vedder
32 North Duke Street
P. O. Box 544
York, PA 17405
SAlOIS, FLOWER & LINDSAY
. .
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
PENNA.
STATE OF
.
COLLEEN M. BURNHAM
.
No.
01-4502
.
.
VERSUS
DAVID M. BURNHAM
.
.
DECREE IN
DIVORCE
.
.
.
.
.
.
.
Ju\o\o ""{,
'""')1lJ26 IT IS ORDERED AND
AND NOW,
.
.
COLLEEN M. BURNHAM
DECREED THAT
, PLAINTIFF,
.
.
.
.
AND
DAVID M. BURNHAM
, DEFENDANT,
. ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
.
.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORl}I'LJ~~S ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; ~
The terms of the Separation and Property Settlement Agreement dated June 2, 2003
.
.
.
.
.
are incorporated, but not merged, into this Decree in Divorce. "
.
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.
ATTEST:
J.
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.
By THE
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