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HomeMy WebLinkAbout00-05867 ,~ ." .. ! . . . . . . .. . . . . . IN THE COURT OFCOMMON PLEAS OF CUMBERLAND COUNTY . . . . PENNA. STATE OF . . . . . JAMES R. BURGEIT. . . No. Civil Term 00-5867 Plaintiff . VERSUS . NABMIA R. BUR!2iliITT, . Defendant . DECREE IN DIVORCE . . . . AND NOW, 1)11.;>..., "5 I , ZOO I , IT IS ORDERED AND . DECREED THAT JAMES R. BURGEIT , PLAINTIFF, . . AND NAOMIA R. BURGEIT , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Separation and Proper tv Settlement Agreement dated March 30, 2001 . . is incorporated herein and the court has jurisdiction over no other claims. . "''''''' '" '" '" '" By THE COURT: ATTES o~ PROTHONOTARY . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . iilmilM.lI'" ' ,~-, .' "', "~Iil>!l:"::"- c~ ,', ~ ",,' ',,",' ,.' , . u. -" '" .;/Jp~ ~ ~ j(1'/lI ~ fr~~~ n }(9;1,,/" {..','q.:, !, ...' ~'I , i I i,; I e' i. ~ : \; . , !: I: I I: , I ~ ' - ,,~,~ .~ .:J...! ....;,.~~""-, ~- . ,.",,; , p \ ~ JAMES R. BURGETT, Plaintiff ; IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYL VANIA vs : NO. 2000 - 5867 CIVIL TERM : CIVIL ACTION - LAW NAOMIA R. BURGETT, 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 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Regular U. S. Mail in which Attorney Dihe1 signed an Acceptance of Service on August 31, 2000. 3. Complete either Paragraph A or B. A. Date of execution of the affidavit of consent required by Section 330 I (c) of the Divorce Code: By the Plaintiff on April 17, 2001; By the Defendant on March 30, 2001. B. (1) Date of execution of the Plaintiff's affidavit required by Section 330 I (d) of the Divorce Code; (2) Date of service ofthe Plaintiffs affidavit upon the Defendant: 4. Related claims pending: The Parties' Separation and Property Settlement Agreement 'of "3/30'1'01 ,is incorporated herein and the court has jurisdiction over no other claims. 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: None B. Date Plaintiff' Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary; 4/17/01; Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the rothonotary 4/17/01. r aintiff ~ ~< .. ~ ...... ~ ';1': , . JAMES R. BURGETT, Petitioner vs ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 -~-:r CIVIL TERM : CIVIL ACTION - LAW NAOMIA R. BURGETT, Respondent : 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT 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 TillS 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. Court Administrator - Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 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 disa1:>led individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. James J. Kayer, Esquire Attorney for Plaintiff Liberty Loft 4 East Liberty Avenue Carlisle, P A 17013 (717) 243-7922 " lJ'- -- ~ .. JAMES R. BURGETT, Petitioner vs ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2000 - 59(,. 7 CIVIL TERM ; CIVIL ACTION - LAW NAOMIA R. BURGETT, Respondent ; IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) and 3301(d) OF THE DIVORCE CODE COMES NOW, Plaintiff James R. Burgett, through his attorney, James J. Kayer, Esquire and avers as follows; COUNT I - DIVORCE 1. Plaintiff is James R. Burgett, an adult individual, whose current address is; 70 Station Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Naomi R. Burgett, an adult individual, whose address is: 70 Station Road, Newville, Cumberland, County, Pennsylvania, 17241. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 22, 1983, Ogden, VT. 5. There have been no prior actions of divorce filed in this matter. 6. Plaintiff or Defendant is not a member of the United States Armed Forces. 7. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) and Section 330l(d) of the Divorce Code. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. ~ ~~ ." ~ ,;,~"-,,," , WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, Date: ,<t? \ ';;25 2000 .. : ~ A '0\ , . VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 P A. C.S. S 4904, relating to unsworn falsification to authorities. Date; ~J')y~, - "'."' -',--, "-.'" - JAMES R. BURGETT, Petitioner vs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 5867 CIVIL TERM ; CIVIL ACTION - LAW NAOMIA R. BURGETT, Respondent : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please incorporate the attached Separation and Property Settlement Agreement dated March 30, 200 I into the above-captioned divorce action. Respectfully submitted, .."\ / / 1 I Dated; April 5, 2001 ",,,,j "~ ',,~ ,~, ->"-,~l.:.'~ I ". '. . ' sfffr/(,d 3;70Irl/ SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this J..cL day of rvt"qr c: !j , 2001, by and between NAOMIA R. BURGETT (hereinafter referred to as WIFE) and JAMES R. BURGETT (hereinafter referred to as HUSBAND); WITNESSETH: WHEREAS, the parties hereto were married on January 22, 1983, in Ogden, Utah; have been and are HUSBAND and WIFE; and as a result of this union, two children have been born, Crystal Burgett, born August 7,1987 and James Burgett, II, born May 4,1990. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support and/or maintenance of the WIFE, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receip'; of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound, hereby covenant and agree as follows; 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS; This Agreement shall not be considered to affect or bar the right of WIFE or HUSBAND to a limited or absolute divorce on lawful .,~,'; ~. '-';"~>',' ' \Ji["': . . grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to the date hereof. The parties intend to secure a mutual consent divorce. 2. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE; The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. 4. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party as such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 5. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as ifhe or she were single and umnarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 6. EQUITABLE DISTRIBUTION OF PROPERTY; With regard to tangible personal property, the parties have already divided these items to their mutual satisfaction. With regard to the cattle that were owned by the parties, the parties agree that the cattle have been sold and the proceeds of that sale have been divided equally between the parties. With regard to the remaining farm machinery, the parties agree that - ~~ ~ ~'-- -"-".''"''''i, ---<...' ---'_0.: ..~ . '---'-"<;;~;~ . . these items shall also be sold by the HUSBAND at the best price that he can receive and that he shall be responsible to disperse one -half (\I,) of the proceeds of these sales to the WIFE. The WIFE may request documentation in terms of a receipt or cancelled check as to the amount received for items of farm machinery sold by the HUSBAND. 7. MARITAL DEBT: Each party shall be responsible for the liabilities in his or her own name individually. 8. ALIMONY: Both parties knowingly and willingly waive any and all rights they may have to pursue alimony, alimony pendente lite or spousal support presently and forever. 9. CUSTODY; The parties agree to modify the September 15,2000 Order of Court as follows: The parties shall continue to share legal custody of the children as that term is defined in paragraph I of the September 15, 2000 Order. The parties agree that the WIFE shall have primary physical custody of the children and that the HUSBAND shall have a period of partial physical custody of no less than two weeks each year at those times that may be mutually agreed upon between the parties. The parties agree that as the HUSBAND becomes more financially able to entertain the children, he will be allowed further time with the children. In the event that the parties cannot agree upon the specific dates and times that the HUSBAND shall enjoy physical custody of the children, they agree that this matter may be listed before the custody conciliator in Cumberland County, Pennsylvania and that the Commonwealth of Pennsylvania shall maintain jurisdiction with regard of custody until further notice or by an agreement of the parties. 14. DIVORCE; The parties hereto agree to enter into a mutual consent divorce. HUSBAND agrees to pursue the divorce and to be the Plaintiff therein. WIFE agrees to sign the necessary documents, including an Affidavit of Consent and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. . . 15. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 16. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment oflegal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. VOID CLAUSES; If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall be valid and continue in full force, effect and operation. 18. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 19. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. ,~-=<' ! ..........!... ,,-- ,"'"'-'" ~ .' . . 20. ADDITIONAL INSTRUMENTS; Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonable required to give full force and effect to the provisions of this Agreement. 21. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980. 22. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, 23. ENTIRE AGREEMENT; This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. MODIFICATION AND WAIVER; A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. WAIVER OF RIGHTS: The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Act of April 2, 1980, Number 1980-26, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. . , -~' ~_ltk--~ , ~ . 26. EXECUTION OF DOCUMENTS; Both parties hereby agree to execute any documents required to implement this Agreement. 27. RIGHT TO COUNSEL: HUSBAND has reviewed this agreement with his counsel, and WIFE has been advised of her right to consult with counsel of her own choice, and has decided to execute this document after her review. Each party agrees that they understand the terms and conditions of this agreement. 28. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. Wit~~ ~ ~{?&r NAOMIA R. BURGET " ~m!ti:W'ir4'iH~;l~~~'~Q'J1~~~~~J;;"'L4.;lt'C.".'"",:;-,~,,;-,__;;\I~d&~'1i~ ]' ;..< 'J . ~ ~ ~~ . , " " - " ~"-"~""'f~"i'"""-<- ~ ^ ~ . ---Ii! ~,,;"'~' iifli ' ~ c", n\.~~ cT , j-- 2~ "-,:;'- - C'- , -'j --.~ , ~ '-..1 ;-:--- "-..) 10 ~ ,~ -T - -,I (-- -,", ~-:J ., 1""'.. ::',i J ~HIIdI$'~ ~ 11 .~ U" 'Wi .' . JAMES R. BURGETT, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs : NO. 2000 - 5867 CIVIL TERM : CIVIL ACTION - LAW NAOMIA R. BURGETT, Respondent : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or 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. AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 330 I (c) of the Divorce Code was filed on August 25, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree. 4. 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 Waiver and 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: ilo-L, 200~ =""'~~ -----..... ,.,- '. '<""'"' , .~ - " r JAMES R. BURGETT, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs NO. 2000 - 5867 CIVIL TERM CIVIL ACTION - LAW NAOMIA R. BURGETT, Respondent : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER li 3301(c) OF THE DIVORCE CODE I. 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. AFFIDAVIT OF CONSENT I. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 25, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice ofintention to request entry of the decree. 4. 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 Waiver and 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: :Sr3u- 0/ a1~!1~ ~ NAOMIA R. BURdETT r;:;. ,,~'-" ~~ - 'j,'. <_ _',I,iN ~1~ t (~t ~ ( , . . ' . " JAMES R. BURGETT, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs ; NO. 2000 - 5867 CIVIL TERM ; CIVIL ACTION - LAW NAOMIA R. BURGETT, Respondent : IN DIVORCE ACCEPTANCE OF SERVICE I, Thomas Diehl, Esq, ~t hereby accept service for Naomi R. Burgett, this 3 I day of ,+ , 2000 of the Notice to Defend and Complaint in Divorce filed in the above captioned matter.