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HomeMy WebLinkAbout03-2150SHARON O. BURKE, Plaintiff JOHN F. BURKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013. IF YOU DO NOT WISH TO 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. YOUR 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. COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTy COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 240-6200 SHARON O. BURKE, Plaintiff JOHN F. BURKE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, by Lori K. Serratelli, Esquire and the law firm of SERRATELLI, SC~IFFMAN, BROWN & CALNOON, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNT I DIVORCE 1. Plaintiff is Sharon O. Burke, who currently resides at 311 Manchester Road, Camp Hill, Cumberland County, Pennsylvania 17011 since 1990. 2. Defendant is John F. Burke, who currently resides at 311 Manchester Road, Camp Hill, Cumberland County, Pennsylvania 17011 since 1987. o Commonwealth for at least six filing of this Complaint. 4. The Plaintiff and Defendant were 1991, in Dauphin County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. Plaintiff has been a bona fide resident in the months immediately previous to the married on December 31, 10. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT 11. Paragraphs one through ten are hereby incorporated by reference herein. 12. The Plaintiff avers as the grounds on which this action is based is that the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 13. This action in divorce is not collusive. WHEREFORE, the Plaintiff prays Your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT III ALIMONY 14. Paragraphs one through ten are hereby incorporated by reference herein. 15. Plaintiff is unable to adequately support herself through appropriate employment. 16. Plaintiff lacks sufficient property, including but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs. WHEREFORE, Plaintiff prays that Your Honorable Court grant an Order upon Defendant: (a) Compelling the Defendant to pay alimony to Plaintiff; COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 17. Paragraphs one through ten are hereby incorporated by reference herein. 18. That by reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. 19. That the Plaintiff,s income is disproportionately lower than Defendant,s income, and Plaintiff is without adequate funds to pay the costs and expenses of this litigation, and is, likewise, without adequate funds to maintain herself during the pendency of the litigation. 20. The Plaintiff is self-employed and earns approximately $30,000 annually. 21. The Defendant is self-employed and earns approximately $30,000 annually. WHEREFORE, Plaintiff prays that Your Honorable Court grant an Order upon Defendant to pay Plaintiff alimony pendente lite and counsel fees and costs of litigation. COUNT V EQUITABLE DISTRIBUTION 22. Paragraphs one through ten are hereby incorporated by reference herein. 23. Plaintiff states that Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by the court. 24. Plaintiff requests that this court grant equitable distribution. WHEREFORE, Plaintiff prays that Your Honorable Court: (a) Equitably distribute all property, personal and real owned by the parties; (b) Grant Plaintiff exclusive possession of the marital residence; (c) Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Lor~.,?Serratelli, Esquire SE~RATELLI, SCHIFFMAN, BROWN & CALHOON, p.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statement 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. C.S. Section 4904, relating to unsworn falsification to authorities. Date: SHARON O. BURKE, * Plaintiff * * vs. * NO. 03-2150 * ,JOHN F. BURKE, * CIVIL ACTION - LAW Defendant * IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS Petitioner, Husband, by and through his Attorney, Jennifer L. Frechette, Esquire, files this Petition for Injunctive Relief, and in support thereof, avers as follows: 1. Petitioner is the Defendant in the above-captioned divorce action. 2. Respondent is the Plaintiff in the above-captioned divorce action. 3. Husband and Wife separated on or about May 1, 2003 and Wife filed a Complaint In Divorce on May 6, 2003. 4. Husband's mother deeded the marital residence, located at 311 Manchester Road, Camp Hill, PA, to Husband and Wife several years ago, although the property is held in Wife's name out of convenience because Husband was out-of-town on business when the deed was transferred and conveyed. 5. Husband and Wife have a partnership called All Library Consulting, d/b/a American Library Consultants. The business is operated from their home, the marital residence at 311 Manchester Road, Camp Hill, PA. 6. On or before May 1, 2003, Wife changed the Ilocks on the marital residence, which contains Husband's personal effects and office, and has wrongfully and unlawfully excluded him from the home and office, thereby also preventing Husband from operating his business. 7. Husband believes that Wife may sell, transfer, dissipate, damage, destroy, deplete, alienate or encumber marital property of the parties: Wife, through her counsel, Lori Serratelli, Esquire, has frozen the parties' personal account with Salomon Smith Barney (approximately $180,000-190,000). Wife has subsequently tried to access on-line the account and funds the parties have in a personal Salomon Smith Barney account (approximately $180,000-190,000). Wife has depleted the :Funds in their personal checking account since or just prior to the parties' separation (approximately $5,000). Furthermore, Wife has been writing checks to herself (amounts unknown) including for her attorney's retainer ($2,500), off the business checking account, and,. as alleged above, has denied Husband access to the business effects. Moreover, Wife removed at least $70,000 from the parties' business account with Salomon Smith Barney. 8. Section 3323(f) of the Divorce Code provides in relevant part: "In all matrimonial causes, the Court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this act, and may grant such other relief or remedy as equity and justice require against either party..." 9. Section 3505(a) of the Code provided: "Where it appears to the Court that a party is about to remove himself or herself or his or her property from the jurisdiction of the Court or is about to dispose of, alienate, or encumber property in order to defeat alimony pendente lite, alimony, child and spousal support, or similar award, an injunction may issue to prevent such removal or disposition and such property may be attached as provided by the Rules of Civil Procedure." 10. At any time after the filing of the Complaint, on petition setting forth the facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (1) (2) (3) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531(a),(c),(d) and (e); or order the seizure or attachment of real or personal property; or grant other appropriate relief. WHEREFORE, Petitioner Husband, respectfully requests that this Honorable Court grant the within Petition for Injunctive Relief and mutually enjoin and restrain Husband and Wife from selling, transferring, encumbering, dissipating, selling, damaging, destroying, depleting or otherwise alienating any and all marital assets of the parties, particularly their partnership All Library Consulting, d/b/a American Library Consultants, and their personal and business bank and investment accounts, pending further Order in this matter, except that the Salomon Smith Barney business account may be used for business expenses only. Date: Respectfully submitted, J2~ 5r~ ~i, ~rdh e~t~; eEtsquire Harrisburg, PA 17110 (717) 238-:2200 ID#87445 ATTORNEY FOR DEFENDANT VERIFICATION I, John F. Burke, verify that the statements rnade in this Petition to Prevent Dissipation of Marital Assets are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: )J~hn F. Burke, Defendant SHARON O. BURKE, Plaintiff VS, JOHN F. BURKE, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTY, PENNSYLVANIA * * NO. 03-2150 * * CIVIL ACTION - LAW * IN DIVORCE ORDER 7'~"" day of ~ AND NOW, this __, 2003, upon consideration of the within Defendant's Petition to Prevent Dissipation of Marital Assets, it is hereby ORDERED and DECREED that Defendant, John Burke, and Plaintiff, Sharon Burke, are hereby mutually enjoined and restrained from transferring, encumbering, dissipating, selling, damaging, destroying, depleting or otherwise alienating any and all marital assets under the control of either, without mutual written agreement or a further Order of this Court, except that Husband or Wife may have access to the funds in the parties' business accounts with Commerce Bank and Salomon Smith Barney for business uses only. SHARON O. BURKE, Plaintiff VS. JOHN F. BURKE, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTY, PENNSYLVANIA * * NO. 03-2150 * * CIVIL ACTION - LAW * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Jennifer L. Frechette, Esquire, hereby certify that on May 12, 2003, I served a tree and correct copy of the Petition to Prevent Dissipation of Marital Assets and Order of Court upon Loft Serratelli, Esquire, Counsel for Plaintiff, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Lori K. Serratelli, Esquire 2080 Linglestown Road Suite 201 Harrisburg, PA 17110-9445 Date: Misty IS.-.Lel~an SHARON O. BURKE, : Plaintiff : : VS. : : JOHN F. BURKE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2150 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE captioned matter. 'Da lRe cJ v0e I, Jennifer Frechette, Esquire, attorney for the Defendant in the above-captioned matter, hereby certify that I accept service of the Complaint in Divorce filed May 6, 2003 in the above- ~, Esquire THE WILEY GROUP 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 Sworn and Subscribed to before me this q~ day of ~ , 2003. NOTARY PUB~LI~ My Commission~xpir~s: ...... 14ai~bu~, IDauphir, County I~t (~mmlasi6n Expires Aug. 2, 2004 SHARON O. BURKE, Plaintiff VS. JOHN F. BURKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLVANIA NO. 03-2150 CIVIL ACTION - LAW IN DIVORCE JOINT MOTION TO MAKE PRIOR ORDER PREVENTING DISSIPATION OF MARITAL ASSETS NULL AND VOID AND NOW, the parties, by and through their counsel, do hereby request this Honorable Court to revoke and rescind its prior Order preventing either party from, transferring, encumbering, dissipating, etc. their marital assets, and in support thereof aver as follows: 1. Plaintiff is Sharon O. Burke, residing at 311 Manchester Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is John F. Burke, residing at 1481 Brandt Avenue, New Cumberland, Cumberland County, Pennsylvania. above. Plaintiff filed a Complaint in Divome on May 6, 2003 at the docket number 4. On May 7, 2003 after learning Plaintiff had transferred significant funds from the parties' bank accounts and investment accounts, Defendant filed a Petition to Prevent the Dissipation of Marital Assets. 5. On May 7, 2003, the Honorable Edgar B. Bayley signed an Order of Court mutually enjoining the parties from dissipating, transferring, etc. any marital assets, including their accounts with Salomon Smith Barney. 6. The parties have now come to an agreement settling the division of the marital estate and the need for the Order referenced herein no longer exists. 7. Counsel for Defendant is in the process of drafting a Marital Settlement Agreement. 8. The parties would like to immediately divide the Smith Barney accounts and hereby request the Court to make its prior Order of May 7, 2003 null and void. WHEREFORE, the parties request that this Honorable Court void and nullify its prior Order of May 7, 2003 pertaining to the marital assets in this matter. Respectfully submitted by: I Sot3th Baltimore Street Dillsburg, PA 17019 ID # 87445 ATTORNEY FOR DEFENDANT Harrisburg, PA 17110 ID # ~-qq,15 ATTORNEY FOR PLAINTIFF SHARON O. BURKE, Plaintiff va. JOHN F. BURKE, Defendant AUG~200~ IN THE COURT OF COMMON PLEAS CUM BERLAN DCOU NTY, PENNSYLVANiA NO. 03-2150 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this '~--~, day of_ .~.~ ,2003, upon consideration of the within Joint Motion to Make Prior Order Preventing Dissipation of Marital Assets Null and Void, it is hereby ORDERED and DECREED that this Court's prior Order of May 7, 2003 is hereby revoked and rescinded, making it null and void. By the Court:-