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HomeMy WebLinkAbout00-06055 "V.,.ji-\:..,',~ .'0".1 .' ". "~co ~ . " < J_ "'C' - ~ .. . ... '..... ",~ ff.;f.:f.;+;:f.:f. "':f. . . . . ... :f.:f. :f.:f. :f.:f.:f.:f. :f.:f.:f. :f.:f. :f. :f. . IN THE COURT OF COMMON PLEAS . . . . . . OF CUMBERLAND COUNTY KIM LACY ROGERS, PENNA. STATE OF . . . . . No. 2000-6055 CIVIL TERM . . . . Plaintiff CIVIL ACTION - LAW VERSUS JOSEPH B. BURROUGHS, JR., IN DIVORCE . . . . . . Defendant . . DECREE IN o ORCE . ~ 3:~3f.#l. J 7, ~, IT IS ORDERED AND fu. . AND NOW, DECREED THAT KIM LACY ROGERS , PLAINTIFF, . . . . . JOSEPH B. BURROUGHS, JR. , DEFENDANT, AND . . 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 Marriage Settlement Agreement dated December 17, 2001, and signed by . . . the parties is hereby incorporated into ivorce Decree, but not merged. . . ;+; ;t;:f.:f.:f.:f.:f.:f.:f.:f.;+;:f.:f. :f.:f.:f.:f.:f. :f.:f.;+; :f.:f. :f. :f. "'''''''1fT. . . " ATTE'T~~ ( ~ PROTHONOTARY . " "" . '" "';Ii:f.'" :Ii;+; <- '-,' ;.:,~,: ", , , , , " " , . . . , . . , . . . . . , . , , , . . , , , , . . . . . . , " , . . . . . . . . . , . . . . . . . . . , . . " . . . , . . . . . , , , . . . . . , , , , , , , " " " J. " . . . . " " " . .1 * T~' ." -' . ~'" .;, /;)~t71 M-~~z ~/<<~~ /.2'.;J?7tJl >r~/~c: 4 ~ , "\ f '" ~- "f', ~^,:-_" ~'"''l''' .'0, ..._"""'1'1!1!1" , w:wm~~""",~"","",.~ _ ,_ "'_ '.' , "-" To -[""of , .,,,~"~-~,' ' . ---~ .-"-<,..-.~=.,,--,,,--,,-~~ -_.- ."~=~~~ ,. "'",,-;;;; ---",\~"'-r. ,-,-'~"'h'-"",_,,~," -. ~,-':~c::.,,"-<,-';,;j - ,_. . If' 1 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this L day of December, 2001 by and between KIM LACY ROGERS (hereinafter referred to as "WIFE") and JOSEPH B. BURROUGHS, JR. (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 30, 1989. WIFE has filed a divorce action in the Court of Common Pleas of Cumberland County, said action docketed at 2000-6055 Civil Term. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE 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; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: ~', '.".,""".,'", 0" '...-.'. ,. .,"''''~"'" "'..'0.... .",'~,,' """"''''''1 , , ", " 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. Page 2 ~" ~.." ~~'''''''"'', ~'-",o',.,~",~_,"-, '0_" "--,-,' , ", " 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (I) is represented by counsel, WIFE is represented by Marcus A. McKnight, III, Esquire and HUSBAND is represented by Jacqueline M. Verney, Esquire. (2) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of counsel, or chooses not to consult an attorney; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. Page 3 - "~='--f='~"~- .~"' ~---~ ~.",~-,",,""~~ ~ . ""'==;+""-~";-',,'~_'j~C<~~ ,', 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. Page 4 -,~ - . , - . "^ ~,",.-,=" ..,." ".- ,.-,,-~->----,-- '" ,,--,,' ,-, , . 7. REAL ESTATE: HUSBAND hereby agrees to transfer to WIFE exclusive possession and all right, title and interest in the residence titled to WIFE located at 235 South West Street, Carlisle, Cumberland County, Pennsylvania, and will waive all right, title and interest in the property if WIFE chooses to sell said property. 8. SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay support to the WIFE. WIFE will not provide any financial support to the HUSBAND. The parties also waive any right they have to receive alimony or alimony pendente lite payments from the other following the entry of the Divorce Decree in this matter. 9. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as ifhe or she were unmarried. Page 5 .-, ~. - ~. ~'~,,~" -~."'-~ -.'~"'"_'",.,,"""~h~~"___"' ---. .. ~""--~""'"" --,~ ""':L~''''~---''''''~'''"''''''''--_,--- '_", _t"',>$~ "~I " Each party agrees that neither will incur obligations, liens or liabilities on account of the 'other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. Further, WIFE does hereby release, waive and forever discharge HUSBAND from any and all claims she has now, ever may have or can at any time have against HUSBAND or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of HUSBAND, arising by way of widower's right or under the intestate Law arising by any right to take against the HUSBAND'S will. HUSBAND does hereby release, waive and forever discharge WIFE from any and all claims he has now, ever may have or can at any time have against the WIFE or her estate or any part thereof, whether arising out offormal contracts, engagements or liabilities of WIFE, arising by way of widower's right or under the intestate Law arising by any right to take against the WIFE'S will. 10. AUTOMOBILES: The parties hereby agree that WIFE shall retain the automobile which is currently in her possession. HUSBAND hereby waives all right, title and interest in the vehicle which is currently in possession of WIFE. The parties hereby agree that HUSBAND shall retain the automobile which is currently in his possession. WIFE hereby agrees to transfer and waive all right, title and interest in the vehicle which is currently in possession of HUSBAND. Page 6 - -- ,~= ~~~-< _.~--'-""' - -~- -".__ '-'h','," I'l II 11. MARITAL DEBTS: Each party will be responsible for their own debt incurred after the of' A.s ,NfllV.oall<l Oh )C L date of separation. HUSBAND will be solely responsible for all outstanding state, local tnd " federal taxes and agrees to hold WIFE harmless and indemnifies after the date of separation. HUSBAND will be solely responsible for all outstanding state, local and federal taxes and agrees to hold WIFE harmless and indemnifies her for any claims regarding the outstanding income taxes. HUSBAND agrees to remain solely responsible for any debt incurred as a result of business endeavors which were acquired before, during and after the parties' marriage. The parties also specifically agree that the payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy. They further specifically intend that HUSBAND'S obligations under the tenus of this Agreement shall not be subject to discharge in bankruptcy because they acknowledge that such are necessary for WIFE to meet her financial obligations and to support and maintain her standard of living. HUSBAND represents that there are no bankruptcy proceedings presently pending in which he is involved. HUSBAND agrees ,/ ~ not to file a bankruptcy action prior to completion of his obligations pursuant to this paragraph. , ['/J.-.; r- t.hP'- WLJ-L ct !'xJL..L./ l?E$ft>lV5/Btt ~;Lll-u,,'f 1i'Zt2.. IIVb,vlj)tJAI... Otl.rs,4/Vi),AIG 5T4T~ 'r ffi P, -1 ~klof.5 ~ A&~Hs --T"iJ t-fot}, ;../u5bA-tVO 4~Ll.55 4-N.o T Uc,4.t A-1lI1> '-b f-,eA l. I 12. /iV'[)l.li</>I. PI ~5 IfPT€.,e. TIf< b,4:Tl. 0;;" 5f./Jttl{J:17aAJ INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. Page 7 ">-~",~,-""-<,>,,,,,,-,'''- '"''.,-----',,,--,,";,-'- "'c. .':,"...-,-,"- ~y,,;;""","";'..:.__ -''':'''&'~''',n_ ,~,- .J,n_,' .', HUSBAND agrees to keep WIFE on his Blue Cross/Blue Shield health insurance plan until the Divorce of the parties becomes final. 13. BANK ACCOUNTS AND PAYMENT OF HUSBAND TO WIFE: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND not otherwise provided for herein. HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE not otherwise provided for herein. HUSBAND agrees to pay WIFE the sum of Two Thousand and no/lOO ($2,000.00) Dollars upon the signing of this Agreement as repayment of sums due from past income tax returns. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH: If either party breaches any provisions 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 should Page 8 ~n. _.n ~ . ,_~, In,. ~, .".-,.",...""m,,,,*_,~,,,_'_' ~,,,,,~,_ ''''~_'''_-'''''_ _"'~,_" '-'. c..-. ''-.H--"''"-'''''",-e>8,-'~'- ""-'~^,'U.t..&-=> ,_ _,' ~.-, ,,,,.t:>1 ", be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have either been fully explained to the parties by their respective counsel, or have been fully reviewed and understood if not represented by counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 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. The parties further agree that the tenns of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set Page 9 - '~,'~" ",,,., --"'C."',,., ""'-"',"'- ~-"~--,~""''--'_'>_ ",,'--"~,_'.\;, -,,~ '-.'j~" ''"';''';'';';'>~"'~'t:;.- - 'J'>'-'<'~'-\o['f,' --," """oc.-,.!< )', 'r forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 18. 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. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS: The parties agree to pay their own attorney's fees and costs incurred in the settlement of the divorce and related economic issues. 22. WANER OF CLAIMS AGAINST ESTATES: 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 may 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 Page 10 ~~- _.. ~-.~._~. ~~ 'C ""',, ",~.......... ......'" , .j -\c,-"';~:'-':;':-~'i , ", marital relationship, including without limitation, dower, curtesy, 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. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: ~~~~~ (SEAL) ~ ~SEAL) J EPH B. BURROUGHS, JR. ~ p~ to ~ lb'-\~ 'ieV\ fu NVkd ~ \--0 P MajVJf ~ II. Page 11 ~'~ q', < ~,-'" co ,-, -'-,' ~"'-' - ''-'-' .-,,{"=' '""',. =0,,",,'='="-" .~~ ~~ ' '" ,-, ;'.., ><",' ,,,'~ ''',,",.,- i _0'.' {-,,~-/_~-,~' , ", COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this Jr)'fh day of December, 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, KIM LACY ROGERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NolarialSeal ~4 ~LtJ. Martha L. Noe~ Nolary Public Carlisle Bora, Cumberland County My Commission Expires Sept. 18. 2003 . ~ > Member Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Ji'- PERSONALLY APPEARED BEFORE ME, this J..i:: day of December, 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, JOSEPH B. BURROUGHS, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ,. ~ NO~~:tut~~fYPubl\C AATII':fEN Kio cumberland CountY Carlisle eo . 'n Expires 000. 22, 2.003 My Commlss1o Page 12 >. ,,- ~ t,;,.-r F'-"::; ;0!~' ,- ' , r4t}': G~2-: --,-. I:~ Ie. o '-I (::' N r= z ;5 0,<<( ()? OJ! ~:;:->-~ :Z0 ,~~ ~DC:lJ :.~Q :5 () ";n:- o.... r- ev CJ: !:I:.; 11......) D ~~ ~- <- % . _ ~__ -,~,o(.'. - '!A",_-;',_~~,. _",,,,,,,.~"'r,,~"'>" ., J ._L .C._ -" - ".~--". . , - '~'" --- , -. .' , " '"" KIM LACY ROGERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOSEPH B. BURROUGHS, JR., Defendant NO. 2000-6055 CIVIL TERM 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) oflbe Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Joseph B. Burroughs, Jr. on September 17" 2001, by personal service. The Affidavit of Service was filed on September 18, 2001. 3. COl1).plete 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 plaintiff: December 26,2001 by defendant: December 19,2001. (b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 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: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 27, 2001. Date defendant's Waiver of Notice in Prothonotary: December 27, 200 I. lvorce was filed with the arcus cKnight, UI, Esquire Attorney for Plaintiff Date: December 27, 2001 ,',' '" ,. ,~~~" , or.,. 0'_"",' ~_ -;.-' -.-.-.'1' -',' " " ~ ~~ , '-~'..- ~-,-""-- ''''-,' ~-, -- ,~ ' __~o () c- ~ ;:g G7 .,!fY; .c..::n <r' C/);.t.. ~fi:~ ~.;~ <;:-0 -c- ~ =< ';? W 1\J c - C) ,., :;:1 1:::1 ,~ C"") I'j -..J ~:j::C i;he .~:~v :_:~() .~! -'- /~S -::'l ).";:i :0 -< '" :J!: ~' , " " .,,'~ . -- -,. ,- -, i:,;<,.' " - ,- ,- ,,' '~~.'-7 :.,~- """'''''''';1 -'- ;,,~, ~~"';;~,,~d;"":;'" o',,",,;:;;;-!:;:,;",j;&i ~~i)",---'- -i>'", - ""';"+'10 -'.'-' -, - ';, ;).[.' ~ J\~~'~,!1".i,--;;'~",' ,:,; ,---~ ';~i-~- .', - ~.c \--,~ ~~il .-.... d, KIM LACY ROGERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ::lJYJ- @J'.JT . - CIVIL TERM JOSEPH B. BURROUGHS, JR., Defendant IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 2 Liberty Avenue Carlisle, Peunsylvania 17013 717-249-3166 1-800-990-9108 . ~~ ~~., . ~ . '."""-'<i - et.;"',- 'h" '"",,";e "-,,.- .;",!,.; ""~,-".~"'~ '- ~,;il',."'2i4.;;:1't"':c,;.-".. ,,- , ," ,../ -:-""'1 .~ 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. 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. PO" n,__ 0 ., >"~~"'~'.- ",-'-'~,,"'~~_~',~.,,"'O''''' . 'd '"'8"'"- ,"_"o'"_~.'--'-',"~ M"~>~SA""' "-^"-~-,, ,,~,' '"","c,,,,';"_ -'~"" '--<-';iii' ....... " KIM LACY ROGERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PtJ _ (,(J bY.. CIVIL TERM JOSEPH B. BURROUGHS, JR., Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT IQ SECTION 330l(c) OF!!:!E DIVORCE CODE NOW comes the plaintiff, Kim Lacy Rogers, by her attomey, Marcus A. McKnight, III, Esquire, and files this Complaint in Divorce against the defendant, Joseph. B. Burroughs, Jr., representing as follows: 1. The plaintiff is Kim Lacy Rogers, an adult individual residing at 225 South West Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Jospeh B. Burroughs, Jr., an adult individual residing at 235 South West Street, Carlisle, Cwnberland County, Pennsylvania 17257. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on September 30, 1989, in Vienna, Virginia. '"" -. ...',..-,'.. ,.,,'....'.., ".."..' '-, " 5. There have been no prior actions of divorce or for annuhnent between the parties. 6. Pursuant to the Divorce Code, Section 330 I (c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, By: Mar us igh, I, Esquire Attome for Plaintiff West Po ofessional uilding 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court J.D. No. 25476 Date: September I, 2000 F"_'"~''''_~ . ,,,'" ,....,,.,.. "" ""'-' , 'MM~-'""'M"""" ''''''~ '....,M',...".'" '''''- ,~""" '-. ' ( VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. 4 1&;' ;G~ ~6P-1/~ KIM ACY ROGE Date September I, 2000 v . ,-" .- n ,_. -0"', -""=,~-~., , ,'.-~"~-' >' ~'-'i' --i;;"'-O'~' "-- .'", ~--7"'-o';;'~'''''N-,,,-';';;;;;';,'-:-'';';=,,;c,-,<<,,,,'S~-~-''"'----'-,,,,,,,,,,,;-,',,, 0 '._""",}:~'~i-:'JiI!i , ~, KIM LACY ROGERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION . LAW CIVIL TERM JOSEPH B. BURROUGHS, JR., Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 1, 2000 12t~ ~ ~ KIM LACY OGE S .'., ~"';'~'.((;:"-" - ,,~ "".-^- .~~~w,~ .,~. 'i_ j,~ , - ,~, -' ,,"':'"Ii(,-/" , ~~ ',0; h;~: - "~"":-$""'",-.',, "~- ~ .,L"_ ~",' 0 (:) () ~ CO) ,. ~J'" LJ (" ;-''f1 1'-1 C~_ : -0 :.?..:"- 7' r'~: , (l] -, r:' U ~''Q ...:.- *1:;; (-:' -- '$ c r:~) " , ~~ ~, -"l -c;;c ::2 :::u IX> ...... ~ o'."~____ ,---/ .'- , , .. KIM LACY ROGERS, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 00-6055 CIVIL TERM JOSEPH B. BURROUGHS, JR., DEFENDANT CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, JOHN CHRONISTER, a competent adult, being duly sworn according to law, depose and say that at/D A-.m. on September L2....., 2001, I personally served by hand delivery the attached Complaint in Divorce in the above-captioned case: To: Mr. Joseph B. Burroughs, Jr. I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. ~ dORN CHRONISTER Date: ,~ue /;l ,2001 Sworn and subsc~ib;d before me this I') or day ~~ Notary P lic Notarial Seal Martha L. Noel, Notary Public Carlisle Bora, Cumberland County My Commission Expires Sept. 18, 2003 Member. Pennsylvanls AssOOlatlcn Of Notartes ," ~, i_ "',._'c,,'.,\w"'_-,. - ,~ . '-~" ." ,-,"--.. " "".. . ' . C) Cl 0 C - '-n ~: rft ..- -0(0 Cci ~'\~ --'" rorn ':\,:,~;'\ Z'~n ::z:c 0:> ~,:JQ ifJ.~;>, ."-~ . (20 ':--~() ~O _,'-:-1'; ,---,-,'" -PC ::J;: \;;),.:) '2:C - 7,rn ?7C ~ ::z: N ~V>' """' 3. :;.- :< IT ~~ ~~~~ - -~- -'-, - . '" -;." w'". ", ~tR . . 0, , KIM LACY ROGERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : .:.:(j,t'-ikoQS) CIVIL TERM JOSEPH B. BURROUGHS, JR., Defendant IN DIVORCE NOTICE 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 L may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available, in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 2 Liberty A venue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-91 08 lRUE COf1Y FROM RECORD In Tastlmooy wlMlrOOf. I here untD ll9t my haM AOO th9 seel 01 sald ~rt at CarlIsle. Pa. ~ ~ ~:: ~y ~~!~J~ ~..~~ ~""'-- - -~.- ~~~ail ~ '~~i!'M~~~~~f."'~''''"''' ---~ " - ~_. . -, ~-. - -< - " " ~ ~ ,- - ~ , ' < 0 CJ 0 C '11 ;:0.- (/) -0 {-=j:J "-;:-:I ~S:-~ r'l - '--,-, -0 i'r~ ~~; '-'0f''M CO '--,r-'J c:.:C:i "U ?~~~ ~8 - i5.::D ~ "7(') Pc Om Z N ~ :<! .::- -< . 'I I ,I r ,. ^~=,".. . ~ ",-"~~. "^" ---= -~ .. . KIM LACY ROGERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-6055 CIVIL TERM JOSEPH B. BURROUGHS, JR., Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 1,2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: DECEMBER 26 ,2001 ~A:-~ ~-- KIM ACY OGERS ',','.' " 'B"~_~ <",'"--~-""".,.",,",I"- ' " " . - -~ _.",~" ~""- '~JO, ,- _",,"J.' '.'e" "'_''''~)" . .~~" ~. , ~""" , ,,~ ,'''-- , ., . () 0 r-" ?i - -~ r') i 0 "Om r<f'l InfT) I:J ,'2' ~:-X:J .c' "v ' ~'r'T1 ~~ '--.J ~!;'jo ,._, , kC; u -:.:) 2>'c--' ::?.; ~~(~" <, ~c ...D>c r:-? Qrn 2:: 1\) 5;! ::< to ::0 '" , ~ t >~ ~.~~~ _, "'''~__.'". _-~-~ - ~,-~_ ~ ~~. ~ '-",,",_",0 d-C, _,'" ~_d '0.1:"'--'''''''-' .. . . , . KIM LACY ROGERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-6055 CIVIL TERM JOSEPH B. BURROUGHS, JR., Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I cons.ent 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 ifI 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: DECEMBER 26 ,2001 &k~~~ Plaintiff '.,..;,' ~,"L ~~ ',-" ill . ." "~. ~~ ., ,." ~ , - ~ ,. ~ ,. . ~'~ . ' ,. 'h'''~'''-- ., .~., ---- ,'-', -~ ,- -, . ' , .' 0 0 c: .~ u s:: 0 ""1", ""Otb ~_::l ~fTi r..., :Xi " ;-:ilfJd 2(' N (j)~, J31g -<2' -..J r-: ,-, tif~ 5::-' -0 :>- 20 4, 5>0 o--,)() c: ~ -2m ~ 0' N s;! \.0 ::0 -< I: , ,- ""~- - ,._~"~" "-""_~",,,,,,-. ''''''''''~M_<'~~~'_ ~,~ '~"'~"4"'''''''_ .;~- '_~_'__._' ~-i""'"' . . KIM LACY ROGERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-6055 CIVIL TERM JOSEPH B. BURROUGHS, JR., Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September I, 2000. 2." The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: December ~, 2001 eB.BURR~ '~"< ",' ,. , - ,~. :"'Ilil-' -~-",'" ^, "~" ", . , ,,"-<'",,,,,- ',", ~. ~~ ' . ".'.-... , . "' 2 0 r' - '-.j :-os: a -r"i co 2m r.." ~ ;::.::0 Co ';"';,2: ,\> ,- OJ!;:: ~8(J rs~:." -...J ,-..." ~;/(~ ~'\,.,-' <:J ~8 ::;c ,fj,~ fi ~-? .~ ,f\) ~ =< ?6 to "" ~~ "","',:C-0c", " KIM LACY ROGERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-6055 CIVIL TERM JOSEPH B. BURROUGHS, JR., Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling, 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: December I , , 2001 ~ e~ JOlIN B. BURROUGHS, JR. ~S~f L. '---c':iia....-- ,- _.~~- ~ .~-,-"-,,~ (" % ",'"~ ,~,>. ~iUili -... ~~.,. - -,';"~'., ,",';' "" Iliisiiil("" .~,,'-=.~ -Y.'" 'I~ I 0 0 0 c: -n S: 0 ---:/ :"Om 1""'11 !:pm C) ~, j -; ~'2"1 ..-.::....:1;.' N "c'm Zt;:: O:i"'T'. -.; ';j;..,.j ~~ ~~~~ (~) ~\J -0 '-'5:d ~o ~ -';----(:) .>0 1'.) ~Jn ~ ...... ..~ ,-,' ""' =0 <::> -< " .. KIM LACY ROGERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-6055 CIVIL TERM JOSEPH B. BURROUGHS, JR., Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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, lawyer's fees or expenses ifI 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: December I 9 , 2001 ~SEPHB.BU~JR. Defendant ,",,' "~'. " ,,' ~"- ~- ',,'= "ok :.;;0" ~,~. ~w,,~__ _,~"'", ,e _,_=,~_ ~ " " .. (") c: ....._~ _vco EPf!! ->- -..!,! (5)1;:. --~::;,. ,....::;,~ kC; ~C) :sO ~ ::< ~" - ,," "-- ~, - , . "-"~ ,- ~~- w Cj 1'1 Ii ~ I' I ! II " i' fj '1,..1 i :,.j I! I i l ~ i ~ I I I I c o ~rJ o rry <) I\;J "-.J ;-\~!; --1';'" ~,l)cj ~;-~:~~ gi$ ~--"I 55 -< -0 :J4: r:~ w_ '~'",-. .';..,-, "-'-"<,i_"-_-,)',")~/V'_< "'> ',"-, ;.,. ,'":T-\t""~";C'-'-;,C;:;',,[{-~,J-'!, ',.',_ "-_ _;.; , > " ".'_ w _ -' ,-' ~~ -:.i:':,,~~j- >~:; ,;r.~":::,;-,,'J~~___,~ - ;~_ - ';,\03':-~, KIM LACYROGERS, Plaintiff /Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. I,', 'If. 2000-6055 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE JOSEPH B. BURROUGHS, JR., DefendantJRespondent PETITION FOR ECONOMIC RELIEF AND NOW, this 61H day of July 2001, comes the plaintiff/petitioner, Kim Lacy Rogers, by her attorneys, IRWIN, McKNIGHT & HUGHES, and makes the following Petition for Economic Relief against the defendant/respondent, Richard Lee Morrison, Jr., as follows: 1. The petitioner is Kim Lacy Rogers who is the plaintiff in a divorce action filed at 2000- 6058 in Cumberland County, Pennsylvania. Her address is 235 South West Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The respondent is Joseph B. Burroughs, Jr., who is the defendant in this divorce action. His address is P. O. Box 5, Loysville, Pennsylvania. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Costs and expenses; and c. Counsel fees. H ^ ','<.' '_"'>-'_-0' ~" ~, . ' " <c'._.,-',^' _~~_, .-", , _'-, 'G''>'_ .,','. .ill,- - ~ "-; j WHEREFORE, the petitioner, Kim Lacy Rogers, requests the relief set forth above. Date: July 6TH 2001 Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Marcus . McKni 60 West Pomfr Carlisle, PAl 717-249-2353 Supreme Court LD. No: 25476 Attorney for the plaintiff/petitioner, Lisa Kay Morrison 2 VERIFICATION The foregoing Petition for Economic Relief is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Petition and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~KIM~~ Date: July 6, 2001 - ."""0-', -;""",',:l>'-:' "-"i~'__i','_ ,.":e'-;--'- "'~ . ",'J.. .>" ~-," ';~';a""_~,, _.,,~c KIM LACY ROGERS, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-6055 CIVIL TERM JOSEPH B. BURROUGHS, JR., Defendant/Respondent IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, do hereby certify that I have served a true and correct copy of the foregoing. Petition for Economic Relief upon counsel for the Defendant/Respondent by placing it in the United States Mail, first class postage prepaid in Carlisle, Pennsylvania 17013, upon the following: Andrea C. Jacobsen, Esquire JACOBSEN & MILKES 52 East High Street Carlisle, P A 17013 By: Marcus quire Atto ney for PlaintifflPetition , . Lacy Rogers Date: July 9, 2001 , ,,~~,-" ':',;lA.', ">,,," ~,. , ^ "~ ~ ' f_'" ;'.;ti ." "","",,",,',. ,~ ~, \.., ~ ~ , ~ ~ -'" , , " '0.-<' ,'':-' ~ % ~ '- . ~ N "' c.- C?2 ~:::.: ~~: c:~ j;2= -0" -:;''::j -< , -, -," --" 'O~' "I I, ~ 'I ~ ~ " [J t I f.l ~1 i , C::i "---r, -_:,~ r;,:? ~ ~, , :,) f" ~'~ ~~ ., - ., ~ '"'~~--.'=~'-'" <-"-""'--'.'--~ ,- -'--'-,:.<--''t!ii. KIM LACY ROGERS, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JOSEPH B. BURROUGHS, JR., Defendant. : CIVIL TERM : IN DIVORCE t1-D- (,0:5'6 PRAECIPE TO: THE PROTHONOTARY Please reinstate the Complaint in Divorce in the above-captioned matter. Respectfully submitted, IRWIN, McKNI HT & HUGHES ~ By: Marc A. Mc 60 W st Pomfret Carlisle, P A 17013 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Plaintiff, Kim Lacy Rogers I- Dated: September ~ 2001 "'~ ~~ ,.' ""i2!i[ Iili- '"" ~, ~--"" .",-- ',- --."-- ---- 'I II (") C 0 C -n s:: (/) --~j "Do:> r"1 -;:';:j~71 nifn -0 ZJ-l , ~'--'" ; Zr;;~ <...0 .;~ '::;J 0:>_, !-::':;~;) 26 -0 . ,.'~r, "-- ~~ ~o ~ =0 );>c ,~ Z ::- 15 ~ ...s -< , . '"'" ~-~~.~ ~ -~j,'-- SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: DECEMBER 27, 2001 DOCKET NUMBER: 2000-6055 CIVIL TERM PLAINTIFF~ SS# 266-02-7860 NAME: KIM LACY ROGERS DEFENDANT~ SS # 486-52-8561 NAME: JOSEPH B. BURROUGHS, JR.