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HomeMy WebLinkAbout01-04502IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. COLLEEN M. BURNHAM -', N O. 01-4502 VERSUS DAVID M. BiJRNHAM DECREE IN DIVORCE AND NOW,~~~t.IG Z` ~ V/~ IT IS ORDERED AND DECREED THAT COLLEEN M. BLJRNHAM PLAINTIFF, AND DAVID M. BtJRNHAM , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORS 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. BY THE~OURT: ATTEST: n' ' A ~ J. ONOTARY ~`~, ~' ~ ~~' ~ ~- L~ ~ ~ ,. ~~ COLLEEN M. SEELEY-BURNHAM, Plaintiff v. DAVID M. BURNHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4502 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 (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 Plaintiff's 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 SAIDIS, FLOWER Sz LItVDSAY ~.~ 2G West High Street Carlisle, PA Praecipe to transmit record, a copy of which is attached: Served on Defendant's counsel on April 28, 2006 by first class mail. SAIDIS, FL0,7LVER & 26 West Hig 'Stye t Carlisle PA Phone: 717.243.6222 Attorney for Plaintiff C? o ~~ <_ ~,~ _~ • C ~~ '- -' . -- ~ ?~_4; CJ .. `'=1 ;~ tom: "~' ~~ _. ..I . COLLEEN MARIE SEELEY-BURNHAM PLAINTIFF vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 01-4502 CIVIL TERM DAVIb MARTIN BURNHAM, DEFENDANT IN DIVORCE o O ~ c.> J - X3 ~ tx r3 4 4.¢.y.i"` Y OF APPEARANCf~~- C"i r .. ^ I hereby enter my appearance on behalf of the Defendant, David Ma the above-captioned action and accept service of the Complaint as August 24 acknowledge receipt of the same. Susan Kay C~ndi Attorney for D~ef~ Supreme C urt ID # ~opt~~'i~~` JOHN E. SLIKE ROBERT C SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY MICHAEL L. SOLOMON BRIAN C. CAFFREY GEORGE F. DOUGLAS, III THOMAS E. FLOWER MARYLOU MATHS SUZANNE C HIXENBAUGH ..LAW OFFLCE3 SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 -FACSIMILE: (717) 243-6486 EMAIL: attorney@sfl-Iaw.com www.sfl-law.com March 14, 2006 Clyde W. Vedder, Esquire Morris &Vedder 32 North Duke Street P. 0. 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. CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-34Q7 REPLY TO CARLISLE Colleen and I had a long discussion before she decided that she would simply proceed to divorce. The issue was whether or not, since al! other assets were divided, she wanted to assert a claim in your client's pension. As you know, pursuant to Act 175, her entitlement to his pension would 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 Colleen 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 truly yours, SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, re CJL/bes Enclosure ca Colleen Seeley-Burnham COLLEEN M. SEELEY-BURNHAM, Plaintiff v. DAVID M. BURNHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4502 CIVIL TERM IN DIVORCE ^-, C__ - ~ ~y -n ~, -:~ ~` ~ _ ~ ~. - .~.,__ Q _ . `._ Q -c-~~ CO € f> __, t. - .. ~t 7 U'i 1. The parties to this action separated on August 24, 2001, and have ce+atinu~i to live separate acid 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. §4904 relating to unsworn falsification to authorities. Dated: ~-~ ~. p (r Colleen M. Seeley, Burnham SA.IDIS, FTAWER 6c LINDSAY ~~~tv 26 West High Street Carlisle, PA LAW OFFICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JOHN E. SLIKE CARLISLE, PENNSYLVANIA 17013 P.OBEP.T C. SAIDIS TELEPHONE: (717) 243-6222 -FACSIMILE: (717) 243-6486 JAMES D. FLOWER, JR EMAIL: attorney@sfl-law.com CAROLI~LTNDSAY wwwsf]-law.com MICHAEL L. SOLOMON BRIAN C. CAFFREY GEORGE F. DOUGLAS, III THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH ' April 28, 2006 Clyde W. Vedder, Esquire Morris &Vedder 32 North Duke Street P. 0. Box 544 York, PA .17405 Re: Burnham v. Burnham Your File No. 585-51 Dear Clyde: CAMP HILL OFFICE: 2109 MARI~T STREET CAMP HILL, PA ] 7017 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. S. G CJL/bes Enclosure cc: Colleen Seeley-Burnham Very truly yours, COLLEEN M. SEELEY-BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0. 01-4502 CIVIL TERM ~;. DAVID M. BURNHAM, t:; ~^ ...a Defendant IN DIVORCE ~,`` T- -_,;,' e -~, NOTICE OF INTENTION TO REQUEST - f ~'~'• -+~ -,-, ENTRY OF 3301(d) DIVORCE DECREE -~ _ -_~ 'rr': __ __ ___ s= r*~ yi _ To: David M. Burnham, Defendant -; h} ~< c~ You have .been sued in an action for divorce. You have failed to answer the complaint or file acounter-affidavit to the §3301 (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 acounter-affidavit by the above date, the court can enter a final decree in divorce. Acounter-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 CRN PROVIDE YOU WITH INFORMA71ON ABOUT HIRING A LAWYER. 1F YOU CANNOT AFFORD TO HIRE ALAWYER,-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 SAIDIS, FIAWER 6z T.INDSAY .aw 26 West High Steeet Carlisle, PA SAIDIS, FLOWER & LI Carol J. Lindsay; Esq ire Supreme Courf fD .44693 26 West High S reet Carlisle, PA 17013 717-243-6222 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 SAIDIS, Supreme Court I rl 26 West High Str~ Carlisle, PA 17013 717-243-6222 SAIDIS, 'LOWER Sz LINDSAY nrmm~vsnruw 26 West High Street Carlisle, PA LINDSAY i l i I -/ CERTIFICATE OF SERVICE On this / ~ day of June, 2006, 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, 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 SAIDIS, FLOWER & LINDSAY Carol J. Lindsa , Esq ire Supreme Court .44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FIAVVER 6z LINDSAY nrro~sanuw 26 West High Stteet Carlisle, PA COLLEEN M. SEELEY-BURNHAM Plaintiff v. DAVID M. BURNHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4502 CIVIL TERM IN DIVORCE AFFIDAVIT UNDER SECTION 3301 (d) 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 SAIDIS, FLOWER Sz LINDSAY nnowvExs•,vuw 26 Wese High Saeet Carlisle, PA that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: Colleen M. Seeley, Burnham /P~l COLLEEN MARIE SEELEY-BURNHAM, Plaintiff v. DAVID MARTIN BURNHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. p/ -VSoz -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 maybe 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 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 COLLEEN MARIE SEELEY-BURNHAM, ) Plaintiff ) v. ) ) DAVID MARTIN BURNHAM, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. IN DIVORCE - Civil Tenn COMPLAINT IN DIVORCE UNDER SECTIONS 3301(a), 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Colleen Marie Seeley-Bunlham, 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 luris 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. 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: 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: i. The marriage is irretrievably broken. ii. The Plaintiff intends to file an affdauit consenting to a divorce after ninety (90) days have elapsed from the date of filing and service of this 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: The Plaintiff and the Defendant separated on July 11, 2001 and have continued to live separate and apart since then. 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 Custody/Visitation Order (entered at Case No. J-10157-10-00 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. § 3101 et se . 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. § 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. 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, Richard C. Gaffney, Fs ' 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 COLLEEN MARIE SEELEY-BURNIIAM, ) Plaintiff ) v. ) DAVID MARTIN BURNHAM, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CiJMBERLAND COUNTY, PENNSYLVANIA No. In Divorce VERIFICATION - Civil Term 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 1 R Pa. Cons. Stat. Ann. Section 4904, relating to unsworn falsification to authorities. Date ~ ~~' of Colleen Marie Seeley-Burnham ~ ~_ CUSTODY/VISiTATION ORDER COMMONWF;ALTH OF VIRGINIA ~ Case No.. J-10157-O1-00 J-10T58=OT=00" ""~`~ " ,. Alexandria .Juvenile and Domestic Relations District Court In re:'?Jacqueline and Theresa L. Burnham The above-Warned child has been blrought before this Court upon the filing of a written pefltion concerning custody/visitation; and proper notice has been given to all proper and necessary p;ulics; the parties have been informed by this Court of their right to representation by a lawyer and the contents of the petition tiled in this Court. All provisions of the Juvenile and Domestic Relations District Court law, and amendments thereto, have been duly complied with in assuming jurisdiction of [he 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 committed to a local board of social services or public welfare, it has been further found [hat reasonable efforts: a. ^ have been made ^ have not been made to prevent removal and that continued placement in the home would be contrary to the welfare of the child. b. ^ have been made ^ have not been made to reunite the child with his/her parents, guardian or other person standing in loco parentis to ffie child. I also made my determination in accordance with the standards set forth in Va. Code § 20-124.1 through § 20-124.5. It is in the best interest of the sub'ect children that custody be, I hereby ORDER [hat :.....................................................~............................... and it hereby is, placed with .Colleen M. Burnham their mother and with the primary residence of the children being with the mother. The children father shall have ......................................................................................................................... visitation with said children at such reasonable times and at such reasonable places as the parties shall agree. ......................................................................................................................... ` 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 shah contain the child's full name, the 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 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 pazent unless otherwise ordered above. ^ TEMPORARY PLACEMENT- I order that [he above-named child be temporarily placed with the department of social services or public welfare of [his jurisdiction without prior notice or att opportunity to be heard because of the following emergency and need for such placement: Apri1..8.9..1997 ......................................... ^`\~~ ~- UA7e JUDGa CUSTODY/VISIT~STION ORDER YORM UCb)9 ]/94 PC (119:9-ORI 4/99) Case Nu ............... ~. ............ EXHIBIT A C~ ~ ~ G.~ ~~ nor .: ,. t ~, '..-a. .:a:R4r ._ .. HMe~~RVts: n"_Uns' 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 serve the within COMPLAINT - DIVORCE County, Pennsylvania, to On August 24th 2001 this office was in receipt of the attached return from Sheriff's Costs: So answers• Docketing 18.00 --~'~! '~"' Out of County 9.00 ~,~ Surcharge 10.00 R, omas Kline/ Dep Dauphin County 29.25 Sheriff of Cumberland County nn V V L J 08/24/2001 RICHARD GAFFNEY Sworn and subscribed to before me this day of /;,,..~,.t- o2-do~ A.D. `°°°~` A Q ~4®. Prothonotarye / ~~~t~Q ~~ ~$ ~~Pxt ff Marv Jane Snyder Real Estate Deputy William T. Tull}' Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)255-2660 fax: (717)255-2889 Jack Lotwick Sheriff J. Daniel Basile ChieT Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania BURNHAM-SEELEY COLLEEN MARIE vs County of Dauphin BURNHAM DAVID MARTIN Sheriff's Return No. 2091-T - - -2001 OTHER COUNTY N0. 01-4502 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 T am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, August 1, 2001 FED X GROUND IS LOCATED AT 835 OLD EXIT 15, WHERE RPS USE TO BE. Sworn and subscribed to before me this 1ST day of AUGUST, 2001 I PROTHONOTARY So Answers, ~(/ i~~ Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $29.25 PD 08/01/2001 RCPT NO 152502 In The Court of Co anon Pleas of CuYnberland County, Pennsylvania Colleen Marie Seeley-Burnham VS. David Martin Burnham SERVE: David Martin Burnham Now, -July 30 , ` 2001 No. O1 4502 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff, Sheriff of Cumberland County, PA Affidavit ®f Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of , 20_ 20 , at o'clock M. served the copy of the original COSTS SERVICE $ MII,EAGE AFFIDAVIT County, PA COLLEEN MA1tIE SEELEY-BURNHAM; : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, :PENNSYLVANIA vs. NO. 01-4502 CIVIL DAVID MARTIN BURNHAM, :CIVIL ACTION -LAW DEFENDANT : IN DIVORCE PRAEC~PE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, David Martin Burnham. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: January ~,, 2002 1 ~,~ Susan Kay Ca ell , quire PA I.D. # 64 8 5021 East Trin oad Suite 100 Mechanicsburg PA 17050 (717) 796-1930 c~ c, ~ ~= rtis ` ,~ ~fc ~ - f'i j r~, %_ 1 2 ; - f.'-' l,:i ~ ~ ` ~; . , O ~~ '~ - -~~ Cl ~:» ~-) j i R7 :, ~a PS ~N '~< i .. ,x4rs.a ,.,.~.:,,. aiek;.e9't?NC~$W~t~Y,°i3R&f~'1~~9nM~n`3~m COLLEEN MARIE SEELEY-BURNHAM, PLAINTIFF vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 01-4502 CIVIL TERM DAVID MARTIN BURNHAM, DEFENDANT IN DIVORCE ACCEPTANGE 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. Susan Kay C ~ nd Attorney for of Supreme ~ dant urt ID #(o~~~~ DEC %~ 9 2003 ~ n ~ 5~s~ ~„~ ~t'T~ ~~~ ~':- ~ - o `t~: ~ ; ~~-. ~_ ' ~t~ ~' c. r`v ra ~ Z 7.- C , ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, Plaintiff vs. DAVID M. BURNHAM, Defendant No. 01-4502 Action in Divorce PETITION FOR RELATED CLAIMS ~ MORRIS & VEDDER 32 N. DUKE ST. YORK, PA. 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 i5 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. 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. MORRIS & VEDDER MORRIS &VEDDER I 32 N. DUKE ST. YORK, PA. Doc. No. Cwv6045 T- B Clyde W. Vedde Esquire 32 N. Duke St. PO Box 544 York, PA 17405 (717) 843-9815 Supreme Court No. 32098 2 CONII~IONWEALTH 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, Both depose and say that the facts set forth in the foregoing document are true and correct to the best of his I, knowledge, information and belief. ~~ ~Jhivv..--- ~ SEAL ) Sworn and subscribed to before me this ,~~ day of~Lc~UD~ 2002 ~ti L-- / l Notary Public Nora~a~ s~ ~°"~°M•.W Po161p yak, Yak kkveh 1.4006 I' MORRIS & VEDDER 32 N. DUKE ST. YORK, PA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff I vs. i 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 Z 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 St phanie M. Warehime, Secretary to Clyde W. Vedder, Esquire i MORRIS & VEDDER 32 N. DUKE 5T. YORK. PA. ~ ~ ~ N ~ ~ Cy ~. r ,.i rn n ; 1'h .... R}n '~ r e- .: ~'=' ~~ ~ y~ 1 ~. ~ ~ . ~ . :. o I`~' a~ t_. ~ fV )11 ~ ~ ~~ -~ i' ~ -G ~ ~~ COLLEEN MARIE SEELEY-BURNHAM, PLAINTIFF vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 01-4502 DAVID MARTIN BURNHAM, DEFENDANT 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 (7171 761-5361 COLLEEN MARIE SEELEY-BURNHAM, PLAINTIFF vs. DAVID MARTIN BURNHAM, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 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. 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 agreemeht. 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. 1 1. 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 L. Ande Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 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 authoritiesl. Date: ~'1( 24 ~ O ~ ~~.(h rYT •~c.tA~. COLLEEN MARIE SEELEY-B NHAM CERTIFICATE OF SERVICE 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 I~IXYU~J~y(1'~.~Cyj\k~Jt,Q~ Amy M. kins, Secretary TO: Richard Gaffney FROM: Colleen Seeley DATE: 08/02/01 RE: Divorce Agreements FAX TO: 975-9034 Good Morning Richard Gaffney -The following agreements have been reached between myself and Mr. Bumham. 1. 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 - 4831 Charles Road by Sept. 8's 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. Bumham agrees to give his household right to Colleen Seeley-Bumham -with signing over of the deed to the residence at 4831 Charles Road. 5. Custondy will be with primary care provider Colleen Seeley at 4831 Charles Road with liberal visitation by Mr. Burnham until January 1~` at the end of this time visitation guidelines ran be reviewed or petitioned by either party. 6. Colleen Seeley will reduce child support requests to %: of all Daycare needs for the children approx. $60.00 a week during the school year, $100.00 a week dming the summer and % of all medical Expenses. Mr. Burnham will continue to pay for enrollment of the girls on his Insurance plan at FED EX GROUND (approx. $40 a month) with no reimbursement form Colleen Seeley David M. Burham Date Colleen M. Seeley ~ 2 f cal Date Exhibit v. Y t ~ ~:- ~~ c ~~~ :, T' -r ~ ii '~ _'_, _ rn, i `.,~ - JJ . C,. ~ { r-.. i. ~ ~~ ~ ~- ~v- .J '' ' " - __^.. C ~? L Ci ~fl ~ COLLEEN M. BURNHAM, Plaintiff vs. DAVID M. BURNHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01- 4502 CIVIL TERM IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, Colleen M. Burnham, in the above captioned case. Samuel L. es, Esquire 525 North 12th Street P. O. Box 168 Lemoyne, PA 17043 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Colleen M. Burnham, in the above captioned case. SAIDIS, SHUFF, FLOWER SAY Attorneys fo~Plaintiff By: ID# 44693 26 W Street Carlisle, PA 17013 (717)243-6222 t'> ~ n, ~_ 'a[~ zR- °~ _ 'r ~~ S .- - Y .mm .,~ "€ ;. ~~ ~~ _ _ ,[+F$SkyT#j*SrmlaV to H'A^+'+~~'-.~. -t?r'i-wed ~ r_xatl.aAl .i~..`~mlmw2xw`?, xW}Ai~_ . R 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: (K) Kindly mark the Petition for Related Claims filed of record on August 9, 2002 in the above-captioned action "wit.hdrawn" by order of Defendant. Respectfully submitted, MORRIS & VEDDER MORRIS &VEDDER 32 N. DUKE ST. YORK. PA. DATED: April 12, 2004 Doc. No. Cwv8510 BY: LJ 1 /!~ / Clyde W. Veddeg, Esquire 32 N. Duke St. PO Box 544 York, PA 17405 (717) 843-9815 Supreme Court No. 32098 Attorney for Defendant e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff 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, APO Box 544, City of York, York County, Commonwealth 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: ~`-~. f~~ ~'Eephanie M. Warehime, Secretary to Clyde W. Vedder, Esquire MORRIS &VEDDER 32 N. DUKE ST. YORK. PA. c? t . - r _:, ~ c> _ . - _., ~r lV (~l~ _ _ s,~' ~' t _~~~ 'G J l_ ~ ~ '.7 PLC -n. _ eN -~i~i t:a =h ~ ll: -< COLLEEN MARIE SEELEY-BURNHAM, Plaintiff vs. DAVID MARTIN BURNHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4502 CIVIL TERM IN DIVORCE PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw the counts for economic relief set out in the Complaint in Divorce. SAIDIS, SF Attorneys SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•IAW 26 W. High Street Carlisle, PA By:. Plai & LINDSAY, P.C. Ciro Lindsey, Esquire I 93 26 West High Street Carlisle, PA 17013 (717)243-6222 w ~ ^~ JL7;; ~ CJ i ~, - °_ ftS 4"? ~7_, r- Ln~' CaJ ~~ j, P.3 ~~ ,.~ ~ ? ~ ~~ ;~®®I~~ .. .. _, wa'arrts¢rX.~.~w~uv->,n.res+~ a..:m.,y~p€~9+%xaeFaRi4.i~x:++5{*x5~enaxnFl - _. COLLEEN M. SEELEY-BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4502 CIVIL TERM 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 acounter-affidavit to the §3301 (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 acounter-affidavit by the above date, the court can enter a final decree in divorce. Acounter-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 SAIDIS, PLANNER Si LINDSAY .vrom~s,+ruw 26 West High Stree[ Carlisle, PA SAIDIS, FLOWER & Supreme Cou ID .44693 26 West High reet Carlisle, PA 17013 717-243-6222 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 SAIDIS, FLOW~~8t LINDSAY Carol J. Lindsay, E: Supreme Court I 26 West High Str Carlisle, PA 17013 717-243-6222 SAIDIS, FI:oWER Si LINDSAY nnowvers~nnuw 26 West High $veet Carlisle, PA J ~' _ ~ C7 ~ ~ _~ ° ~ T _ „ R -~I i I _ _ ..a_ ~~ ~... ti - - ,. . I i ~ I' h: _~ 4.4 ~~ 'l e~ r~~v49~~ ~~ y. COLLEEN M.SEELEY-BURNHAM, Plaintiff v. DAVID M. BURNHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4502 CIVIL TERM IN DIVORCE COUNTER-AFFIDAVIT UNDER 53301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not depose the entry of a divorce decree. (b) ~_ f oppose tree entry or" a divorce decree because (check (i), (uj or both) (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) ~ 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) ffi 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 FLOWER 8z LINDSAY nnoumis•nruw 26 Wese High Streee Carlisle, PA 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. \\ ~, ~/~ Dated: ~SNt~ Zarb _r~~vt/tvv I. ~~ 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff 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 : ~---~-=. ephanie M. Warehime, Secretary to Clyde W. Vedder, Esquire ;I MORRIS &VEDDER f' 32 N. PUKE 3T. YORK. PA r'~ ~ ~ ~- ~ -~ _. `' --, ~ Y)~~ (; ~ ~ l ~ 1 C ' ~ _ ~-•] : -j - i 1 ~ ~ - . ~3 GJ _ __ --l h1 ~~ ~{Jl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW ', ~R RIS &VEDDER ' 32 N. DUKE ST. YORK. PA. COLLEEN M. BURNHAM, No. 01-4502 Plaintiff vs. DAVID M. BURNHAM, Defendant Action in Divorce 3 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. DATED: April 12, 2004 Doc, No. Cwv851D Respectfully submitted, MORRIS & VEDDER ~ 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 ~~ __ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW jCOLLEEN M. BURNHAM, I Plaintiff vs. DAVID M. BURNHAM, Defendant No. 01-4502 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 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 Stephanie M. Warehime, Secretary to Glyde W. Vedder, Esquire ';; R15 &VEDDER N. DUKE ST. YORK. PA. COLLEEN M. BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW NO. 01-4502 CIVIL TERM DAVID M. BURNHAM, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A CC~mplaint in Divorce under ; 3.'--^1(rl of the D'svorCe Code was flied 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 ofthe-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. -~`-C9'f.~P~4 Nt~ `I~~K.c~.LzJe.~ Colleen M. Burnham, Plain iff Date: I~c?1~' /dam SAIDIS SII[IF$ FLOWER & LINDSAY ATrORNEYS•AT•LAW 26 W. High Street Carlisle, PA - N ° r - ~ -n - ' r'r - G.: r~ L ~. 7 Tt _ '" C. cv O a ~ - ~j G i COLLEEN M. BURNHAM, Plaintiff vs. DAVID M. BURNHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-4502 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQl1EST ENTRY OF A ®lVORCE DECREE UNDER ~3301(J 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. C"~~ ~.. Colleen M. Burnham, Plaintiff Date: /a (~~ ° 3 SAIDIS SHUF$ FLOWER & LINDSAY 26 W. High Street Carlisle, PA n ~,, -i n ?~ ~3 ~~ O ~~, --.:rt~. =~_ au r~~`n. v iv; n ~~° -..` ~~ F~ .. a mr.xs:~snz>;~ ~.;,,.m~„~,..~ae=-roxsmaCrmxwa+~xMw^k:.e .. .. ~. COLLEEN M. BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff :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. 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 unswom falsification to authorities. ~~ ~~ David M. Burnham, Defendant Date: ~~1~~ SAIDIS UF$ FLOWER z LINDSAY ~7TIRNEYS•A'f•LAW 5 W. High Street Carlisle, PA r„ t~ ~ ~ ~_-= G, o. ~, = -~ =~ ~~ ~y7 - o- ;,~ .-~ _ ~~~~ COLLEEN M.BURNHAM, Plaintiff vs. DAVID M. BURNHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01- 4502 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER X3301 ~) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. SAIDIS iJFF, FLOWER s LINDSAY I'fORI~YS•AT•LAW 5 W. High Street Carlisle, PA 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. authorities. 1~ ~A~ W°"" Y ~~l David M. Burnham, Defendant Date: ~~IB7~ 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 falsecation to ~' c3 ~ --j ~-~ ~, ra: -~ rn w O~ -_ -„ -r_ , -f' c:.~ ~'J c.~ e tv ~~l .PW - .._i :~_ " ,__ ._. COLLEEN MARIE SEELEY-BURNHAM, Plaintiff ) ) ) v. ) DAVID MARTIN BURNHAM, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4502- Civil Term IN DIVORCE 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: ~ cs /O 2 e. (ln .~-eJ?-t~. .~,,.J2..~.~ Colleen Marie Seeley-Burnham C ;C' i - ~ 3~' :~. ' g -- ' ` :~';;=.: fi ~- _ U _ t;=~ ~( ~t ' ~^ •• CJ[ ~ .F~ ~~ 7 ~. ^/ 8~ COLLEEN MARIE SEELEY-BURNHAM~ Plaintiff ) v. ) DAVID MARTIN BURNHAM, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4502 Civil Term IN DIVORCE 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 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. 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: /~~ f d Z C• 1'~Z '•l~,~w~ ~ ~3-~-w"" "'~ Colleen Marie Seeley-Burnham C ~ ~ V`~ ~° m:- ~'; G ` "_ ~ V~ -_ ~. ri ; _ L~" ~f o-~, C_ ~ 7 ~i _ ~:~ i~ t'.~ J _. `/~~ LAW OFFICES I OHN E. SLIKE ROBERT C $AIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY MICHAEL L. SOLOMON BRIAN C CAFFREY GEORGE F. DOUGLAS, III THOMAS E. FLOWER MARYLOU MATAS SU"LANNE C. HIXENBAUGH SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 -FACSIMILE: (717) 243-6486 EMAIL: attorney@sfl-law.com wwwsfl-law.com April 25, 2006 E. Robert Elicker, II, Esquire Office of Domestic Relations 9 North Hanover Street Carlisle, PA 17013 Re: Seeley-Burnham v. Burnham No. 01-4502 Dear Mr. Elicker: CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE I represent Colleen Seeley-Burnham and David Burnham is represented by Clyde Vedder. Mr. Vedder applied for your appointment on a single count, that for alimony pendente lite. As I understand, your office advised Mr. Vedder that the Divorce Master did not hear the claim for alimony pendente lite. Ultimately, the matter was heard in the Office of Domestic Relations and Mr. Burnham withdrew his Petition for alimony pendente lite. On March 15, 2006, I served on Mr. Vedder a 3301(d) Affidavit filed by my client. I would like to proceed to finalize the divorce but I believe you are still appointed in this case. Would you kindly ask the Court to vacate your appointment? Thank you for your help. Very truly yours, SAID S, WE INDSAY ~. Carol J. Lin say, quire CJLlbes cc: Clyde Vedder, Esquire Colleen M. Seeley-Burnham ~~ COLLEEN M.BURNHAM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff e CIVIL ACTION - LAW O1 - 4502 vs. NO. CIVIL 19 DAVID M.BURNHAM IN DlvoRCE Defendant STATUS SHEET COLLEEN M. BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 01 - 4502 CIVIL DAVID M. BURNHAM, Defendant IN DIVORCE TO: Samuel L. Andes Attorney for Plaintiff Clyde W. Vedder Attorney for Defendant DATE: Wednesday, September 4, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. $EP 1 2 201 ~3" ` ~c~/a~eoat ~iddaa -~,l~.~fio~e.~ea ~ ~ed~,aa ~~~ ~~~ ~~ ~~ °~. ~G~~w.d ~ /~~2~ ~~~~~~~ ~B .~~ 5~f!-f/ ~,r,E .~~~~ f7~05 (~~ a lb~r ~ &7 3/gg~ \ // 79G /b3lo~~-J ~~oS~ ~ualuroxfs~ ~' ~r~~.r ~~ ~l..~~ f95O-f99.9 September 11, 2002 Divorce Masters Attn: R. J. Shadday, Conf. Officer 13 N. Hanover St. Carlisle, PA 17013 IN RE: Colleen M. Burnham v. David M. Burnham No. 2001-4502 OV.r File No. 585-51 Dear Mr. Shadday: We are forwarding the enclosed, without a more formal cover letter to provide prompt communication: With our compliments X In compliance with your request For your information For your review and comment For your approval Kindly telephone me about this For your signature; please execute and return. Please call my secretary, Stephanie and schedule an appointment. Very truly yours, Clyde W. Ve e~ CWV/smw Enclosures: '1 pc: Samuel L. Andes, Esquire w/enc. Mr. Dad'id M. Burnham w/enc. Doc. No. Cwv6070" COLLEEN M. BURNHAM, Plaintiff vs. DAVID M. BURNHAM, Defendant T0: Samuel L. Andes Clyde W. Vedder IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 4502 CIVIL IN DIVORCE Attorney for Plaintiff Attorney for Defendant DATE: Wednesday, September 4, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. /V/~ (b) Provide approximate date when discovery will be complete and indicate what action is being taken to com-pl/ete discovery. !Y/~ 9/D. D~ DATE COUNSEL FOR LAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff 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 11"' day of September, 2002, I served a true and correct copy of Certification, by placing the same in the United States mail, postage prepaid to: Samuel L. Andes, Esquire 525 N. Twelfth St. PO Box 168 Lemoyne, PA 17043 MORRIS & VEDDER BY : ~~~ - ~~ ~hanie M. Warehime, Secretary to Clyde W. Vedder, Esquire MORRIS & VEDDER 32 N. DUKE ST. YORK, PA. Z~~d~il~ex ~ /'tr2~2aiw, ~~~ ~.~ ~~~ ~~ ~®,~ ~~ & ~~~ ~~~~~~ ~ 9.0..~~ 5.~.u ~.r,E ~~ f~.uos ~~~~~~~. ~ ~ ~ f95O-f9.9A September 20, 2002 E. Robert Office of 9 N. Hano Carlisle, Sn Re: E1iCker, II, Esquire the Divorce Master ver 5t. Pp, 17013 Cglleen M. Burnham v. No: 01-4502 Our File No. 585-51 Dear Mr. El$cker: David M. Burnham Responsive to Mr. Andes letter to you dated September 17, 2002, kindly be advised that we object to any delay in the further processing of this case. We .submitted our discovery certification. Mr. Andes is duty-bound to do likewise. Any defense he wishes to raise can be done within the context of or at the time of the APL hearing. If he has something else he wishes to raise before the Court, he can do so with it directly. At this point, we have a proper claim before you, that being my client's claim for alimony pendente lite. We wish to further process the same without delay. To that end, we have made proper filings and are entitled to our day in court. Accordingly, we respectfully request that if Mr. Andes does not file the certificate within the applicable time deadline that such noncompliance be deemed an acknowledgment that no further discovery is required and that the case should properly proceed on that basis. E. Robert Flicker, II, Esquire Office of the Divorce Master September 20, 2002 Page 2 Thank you for your attention. Very truly yours, Clyde w. Vedder CWV/smw pc: Mr. David M. Burnham w/enc. DOC. NO. CWV6277 I i * , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, Plaintiff No. 01-4502 vs. DFIVID M. BURNHAM, Defendant Action in Divorce ORDER APPOINTING MASTER ND NO T WIT this ~~day of 2006, Esquire, is appointed Master wit respect to t e following claims: ( ) Divorce ( ) ( ) Annulment ( ) ( ) Alimony ( ) (X) Alimony Pendente Lite ( ) BY Distribution of Property Support Counsel Fees Costs and Expenses T COUR ~~~~~/~ ,. \ Gv'~ SCHEDULING OF PREHEARING CONFERENCE AND NOW, the day o£ 2006, the Prehearing Conference is scheduled for , 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 comply with the requirements of Cumberland Rules of Civil Procedure 1920.51(k). ~ MORRIS & VEDDER 32 N. DUKE ST. DIVORCE MASTERS OFFICE YORK. PA. A ;~, ;y. r !' _ `,_ _ b\: r. Lt. ~~~~ } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff vs. MORRIS & VEDDER 92 N. DUKE ST. YORK. PA. DAVID M. BURNHAM, . Defendant Action in Divorce MOTION FOR APPOINTMENT OF MASTER 408 Pawnee Drive Plaintiff's Street Address 5009 McDonald Drive, No. 3 Defendant's Street Address Mechanicsburg, PA 17050 City State Zip Code Carol J. Lindsay, Esquire Attorney for Plaintiff 26 West High Street Street Address Carlisle, PA 17013 City State Zip Code (717) 243-6222 (Area Code) Telephone Number 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 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, TO WIT, this ~~ay of February, 2006, comes David M. Burnham, Defendant, by his attorneys, Morris & Vedder, and moves the Court to appoint a master with respect to the following claims: ( ) Divorce ( ) Annulment ( ) Alimony (X) Alimony Pendente Lite ( ) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states as follows: i s i 1. Discovery is complete as to the claims(s) for which the appointment of a master is requested. 2. The Plaintiff has appeared in the action by her attorney, Carol J. Lindsay, Esquire. 3. The statutory grounds for divorce are 3301(a), 3301 (c) and 3301(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, if any, relevant to the motion: Plaintiff incorrectly contends that an informal agreement made between the parties controls. Defendant contends that such agreement is null and void. Date: February ~~006 Respectfully submitted, MORRIS & VEDDER By: Clyde W. Vedder,' Esquire 32 N. Duke St. PO Box 544 York, PA 17405 (717) 843-9815 Supreme Court No. 32098 Doc. No. Cwv6163-2 MORRIS &VEDDER 32 N. DUKE ST. YORK. PA. I 2 IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff 00624 SA 2001 vs. PACSES Case No. 795103682 DAVID M. BURNHAM, Defendant Action in Divorce 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 ofd l Pennsylvania, 17405, do hereby certify that on this 15th day of February, 2006, I served a true and correct copy of Motion for; Appointment of Master, by placing the same in the United States i mail, postage prepaid to: Carol J. Lindsay, Esquire 26 W. High St. Carlisle, PA. 17013 MORR'.IS & VEDDER BY: tephanie M. Warehime, Secretary to Clyde W. Vedder, Esquire MORRIS & VEDDER 32 N. DUKE ST. YORK, PA. ~ ~ ~ r- c~ ._ cn 'T7 ~._ ~ __ -1 - .~ -~ ~~ ,L ~ -j!_1 „ `{ ~, C a+ ~~ COLLEEN M. BLIRNFIAM -- Plaintiff vs. DAVID M. BURNHANI Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW • NO 01-4502 CIVIL 19 IN DIVORCE -- STATUS SHEET >. ~ -. ._ :'r'_v ....:., ti:. .v._..-said. w..Y...w S anniw.sL ••~••. •:9.-han ai... _. LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JOHN E. SL[KE CARLISLE, PENNSYLVANIA 17013 ROBERT C. SAIDIS TELEPHONE: (717) 243-6222 -FACSIMILE: (717) 243-6486 GEOFFREY S. SHUFF EMAIL: attoxneyC~lssfl-law.com JAMES D. FLOWER, JR www.ssfl-law.com CAROL J. LINDSAY MATTHEW J. ESHELMANt KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MACLAY - JACLYN SMITH April 21, 2004 Mr. Robert Elicker, Esquirti Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Seeley-Burnham v. Burnham Docket No. 01-4502 Dear Bob: CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 te0ard Certified Creditors' Rights Representazian REPLY TO CARLISLE My paralegal confirmed that you had not yet received the enclosed Praecipe to Withdraw any Economic Claims and to Withdraw the Motion for Appointment of the Master in the captioned case. I am sending copies to you because I am not sure that the Prothonotary will do so. The parties have df;cided to simply proceed to a 3301 (c) divorce without the need of a marital settlement agreement. Thank you for your help. Very truly yours:, SAIJDIS, SHUFF, FLOWER & LINDSAY ~/~ Carol J. Lindsay CJUap Enclosure Cc: Colleen M. Seeley C.W.yedder, Esquire APR 13 2004 -~~ ~~ ~~. ~~~~~~ ~,~~ ~~' ~0~ ~~~ ~ ~/!~ April 12, 2004 Office of the Prothonotar-y 1 Courthouse Square Carlisle, PA 17013 ~~~ ~~ ~ ~-P~,.ePl ~~~~ f950-f99.9 IN RE: Colleen M. Seeley-Burnham v. Da~rid M. Burnham No. 2001-4502 Our File No. 5B5-51 Dear Ladies: Enclosed for filing please find an original and a copy of the following document(s): • Praecipe to Remove (2) Please file-stamp the enclosed documents and- return the copies to us for our records in they enclosed self-addressed, stamped envelope. Thank you for your attention to this matter. Very truly yours, Clyde W. Vedder CWV/smw Enclosures: As Indicated Pc: Carol J. Lindsay, Esquire w/enc. Mr. David M. Burnham w/enc. Doc. No. Cwv6062-8 .~~iavee 7>7d~J'-.96/5 .Ji~v~.v~ai~ 7f7df16-Pc~fJ" ~sefniroref ~u:®moa.~nre.-~d~ia.r~mr. -~t~ Y e R RIS &VEDDER 32 N. DUKE ST. YORK, PA. L IN THE COURT OF COMMON PLEAS OF CLJMBEI2LAND 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 Motion for Appointment of Master filed of record on August 27, 2002 in the above-captioned action ~~withdrawn" by order of Defendant. DATED: April 12, 2004 Doc. No. ti.wv8511 Respectfully submitted, MORRIS & VEDDER ~~~s BY: Clyde W. Vedder, Esquire 32 N. Duke St. PO Box 544 York, PA 17405 (717) 843-9815 Supreme Court No. 32098 Attorney for Defendant -1':.. .. .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff vs. DAVID M. BURNHAM, Defendant Action in Divorce CERTIFICATE O]E SERVICE I 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 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 MGRRIS & VEDDER BY: l T' ~~ % _ -Stephanie M. Warehime, Secretary to Clyde W. Vedder, Esquire )RRIS &VEDDER 32 N. DUKE ST. YOR K, PA. SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. ROX 16B LEMOYNE, PENNSYLVANIA 17043 raaepxoxa (]ll) ]W-G3Gl 17 September 2002 FAX (]l]) 961-1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Burnham 01-4502 Civit Dear Mr. Elicker: I received the discovery certification you sent me in the above matter. This case is not ready for a hearing for several reasons. The most important of those is that the parties have already divided their marital property and disposed of the economic claims as a result of an agreement they signed a year ago. After the agreement was signed, with the assistance of their attorneys, both of the parties performed their obligations under the agreement and, as a result, there really are no economic issues to resolve. I will be filing a pleading raising this agreement as a defense to Mr. Burnham's economic claims. Based upon the procedure that has been used in the past, I assume you will want the court to decide the extent to which that agreement precludes the economic issues in the case and will not want to proceed with hearings before you until that has been done. If that is the case, there is no reason for the parties to do any discovery, or file any pre-trial statements with you, until the court has decided the effect of that agreement. If you disagree, let me know and I will file the discovery certification but I really think it is premature. Thank you for your cooperation. Sincerely, Sa 1 L. Andes amh cc: Clyde W. Vedder, Esquire Colleen M. Burnham i `l~~ ~\ IIQ 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°~ ~6'3~ ~~ D OW, TO WIT, this ~~~ day of 2002, /~~ ~c,t.~ Esquire, is appointed Mas r with respect to the following claims: ( ) Divorce ( ) Annulment ( ) Alimony (X) Alimony Pendente Lite ~)( S ( ) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses BY THE COURT: p, J. SCHEDULING OF PREHEARING CONFERENCE MORRIS & VEDDER 32 N. DUKE ST. YORK. PA. AND NOW, the day of 2002, the Prehearing Conference is scheduled for , 2002, a.t 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 comply. with the requirements of Cumberland Rules of Civil Procedure 1920.51(k). DIVORCE MASTERS OFFICE t~IrivP;llSP;iJ~d ~G :1! #ft G~ Jill ZO ":~.i ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, Plaintiff vs. DAVID M. BURNHAM, Defendant MOTION FOR APPOINTMENT OF MASTER ' MORRIS & VEDDER ' 32 N. DUKE ST. YORK, PA. 4831 Charles Road Plaintiff's Street Address Mechanicsburg, PA 17050 City State Zip Code Samuel L. Andes, Esquire Attorney for Plaintiff 525 N. Twelth St., PO Box 168 Street Address Lemoyne, PA 17043 City State Zip Code No. 01-4502 Action in Divorce 'I Y'~ 4832 Charles Road, Apt. A 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 ii (717) 761-5361 (717)843-9815 (Area Code) Telephone Number (Area Code) Telephone Number TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, TO WIT, this 26t`' day of August, 2002, comes David M. Burnham, Defendant, by his attorneys, Morris & Vedder, and moves the Court to appoint a master with respect to the following claims: ( ) Divorce ( ) Annulment (') Alimony (X) Alimony Pendente Lite ( ) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states as follows: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The Plaintiff has appeared in the action by here attorney, Samuel L. Andes, Esquire. 3. The statutory grounds for divorce are 3301(a), 3301(c)j and 3301(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, if any, relevant to the motion: Plaintiff incorrectly contends that an informal agreement made between the parties controls. Defendant contends that such agreement is null and void. Respectfully submitted, MORRIS & VEDDER Date: Auqust 26, 2002 Clyde W. Vedd~r, Esquire 32 N. Duke St. PO Box 544 York, PA 17405 (717) 843-9815 Supreme Court No. 32098 MORRIS &VEDDER 32 N. DUKE ST. DoC. NO. Cwv6163 YORK. PA. 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff 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 26t° day of August, 2002, I served a true and correct copy of Motion for Appointment of Master, by placing the same in the United States mail, postage prepaid to: Samuel L. Andes, Esquire 525 N. Twelfth St. PO Box 168 Lemoyne, PA 17043 MORRIS & VEDDER BY : ~f-~., ~ L 'gte anie M. Warehime, Secretary to Clyde W. Vedder, Esquire MORRIS &VEDDER 32 N. DUKE ST. YORK, PA. `=' ,~ o SEX'' 'D --t U ~:, N ,, . rr: i ^r, DS7 C ~~ r_'i t'rf _r r -~ C7G ~ COLLEEN MARIE SEELEY-BURNHAM,) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA ) No. O! - 51 SG ~ -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 aze warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment maybe 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 Y"OUR 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, Cazlisle, PA 17013 Telephone: 717.249.3166 Prothonotary COLLEEN MARIE SEELEY-BURNHAM, ) Plaintiff ) ) v. ) ) DAVID MARTIN BURNHAM, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. IN DIVORCE - Civil Term COMPLAINT IN DIVORCE UNDER SECTIONS 3301(a), 3301(C) AND 3301(d) OF THE DIVORCE CODE ANb NOW, comes the Plaintiff, Colleen Mazie Seeley-Burnham, by and through her attorneys, The Law Offices of Richazd 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 Dauid Martin Burnham, who presently resides at 4831 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff and the Defendant are sui~uris 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. 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: 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 auers that: The marriage is irretrievably broken. ii. 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. 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 11, 2001 and have continued to live separate and apart since then. 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 Burnhazn, 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 Custody/Visitation Order (entered at Case No. J-10157-10-00 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. § 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. § 3101 et sew. 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 fmal decree of divorce. 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, Richard C. Gaffney, Fs 'I 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 COLLEEN MARIE SEELEY-BURNHAM, ) Plaintiff ) v. ) DAVID MARTIN BURNHAM, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. In Divorce VERIFICATION - Civil Term 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 1 R Pa. Cons. Stat. Ann. Section 4904, relating to unsworn falsification to authorities. Date 7 ~~' o ~ ~ V~.~-~'y '~'-~ ~,~ Colleen Marie Seeley-Burnham CUSTODY/VISiTATION ORDER COMMONWErS:LTHOF VIRGINIA CaseNo.. J-10157-O1-QO J.-10158'-01-00"""~"~~~ Alexandria ...Juvenile and Domestic Relations District Court ........................................................................... .?Jac ueline and Theresa L. Burnham In re:..... q .............................................................:.: ............................................. The above-named child has been brought before this Court upon the filing of a written petition concerning custody/visitation; and proper notice has been given to all proper anti accessary parties; the parties have been informed by this Court of their right to representation by a lawyer and the contents of the petition tiled in this 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 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 committed to a local board of social services or public welfare, it has been furtber found that reasonable efforts: a. ^ have been made ^ have not been made to prevent removal and that continued placement in the home would be convan~ to the welfare of the child. b. ^ have been made ^ 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 standar(Is set forth in Va. Code § 20-124.1 through § 20-124.5. It is in the best interest of the subject children that custody be, I hereby ORDER [hat :.................................................... and it hereby is, placed with Colleen M. Burnham their mother and with the primary ............... residence of the children being with the mother. The children father shall have .............................................................................................. visitation with said children at such reasonable times and at such reasonable places . ............................................................................................ as the parties ,shall agree... ................................................................................. . ........................................................................................................................ 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 sh:dl contain the child's full name, the case number of this case, the party's new telephone number and new street address and, if different, the party's new !nailing 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. ^ TEMPORARY PJ.ACEMENT- 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: April . $.J.. ?~.997 ......................................... ~-~~ ~ ~.. UNU JUDGa CUSTODY/VISITATION ORDER FOftSJ DC-57~ 7/94 PG (J 14:9-URI 5t94) Case Nu ............... ............ . _~~ EXIiIBIT A ALEXAtlGRIAlU4Eil!LE ANC DO'+~ESTIC RELATIONS CISTRICT COURT 520 RING ST FIRST FLOOR ALEXANCRIA,VA 22?14-3150 i, THE UNDERSIGNED CLERK OR OEPUTI CODE 8.01391(C) ON THIS DATE THAT THE DOCUMENT TO ','tiHICH TiiiS AUTHENTICATION IS AFFIXED IS A TRUE COPY OF A RECORD IN THE ABOVE-NA;;ED COURT, MADE IN T'HE ?EftfOR'~iANCE Df h1Y G, OFFICIAL " IES. ~u~.~ l~3 ...... . . .. .. ... n< ~~„ ' ~ ~c i ~Z ~~~ A~~pG~2 . ;~;ft0 33tfi~ta~,...', .. air .: ii~3~ 1 ~ '~I 'ie,"~ ~ ~ Illy ~ ~ :rrtt ~~tnynas;ya.H ^,no~i~no~ ~.1Nrtop raiu~~~.._. 901.id0 g, 1.~~., ~~ l l e .. ~ ~ R! #M1*.: ~ ~ ~-;. ~....,a> r~,uaceM%a?rtaxxse%s+J!~Z+^'~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff 00624 SA 2001 vs. 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 12"' day ofd 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. 12t'' St. PO Box 168 Lemoyne, PA 17043 MORRIS & VEDDER to hanie M. Warehime, Secretary to Clyde W. Vedder, Esquire MORRIS &VEDDER 32 N. DUKE ST. VOR K, PA. o T ~ <_ ,_ r-' Vi .- c ra - } . 3 7 t. ., , -~-, % - + ''C .. ~;~ -: t5~ ~~ IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, Plaintiff vs. DAVID M. BURNHAM, Defendant No. 01-4502 00624 SA 2001 PACSES Case No. 795103682 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 12"' 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 MORRIS 8 VEDDER 32 N. DUKE ST. YORK. PA. 7 ~ ~ ~~ BY: S'Eeplianie M. Warehime, Secretary to Clyde W. Vedder, Esquire n ~ /l ~~ ` .. .n ~ 4 t~ lY1CT: ~ .. r;n ~_. ' -p C _ :t7 ~ ~~ ~~ h'. ~j/~ COLLEEN M, BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 2001-0502 CIVII. TERM DAVID M. BURNHAM, IN DIVORCE Defendant/Petitioner DR# 31995 Pacses# 682104787 DEMAND FORBEARING DATE OF ORDER: September 24, 2002 AMOUNT: N/A FOR: Dismissal of Alimony Pendente Lite Petition REASON(S): AFL 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 wasenttSed; 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 Q 30. ~~ Date ' ,r COLLEEN M. BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL. ACTION -DIVORCE, NO. 2001-4502 CIVIL TERM DAVID M. BURNHAM, IN DIVORCE DefendanUPelitioner DR# 31995 Paeses# 682104787 NOTICE OF RIGHT TO REQUEST A HEARING The parties aze 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 .~ r~ fl .}_ b ~, ~; c? ~ ~ -a `~.~~j~ ~ ~ ~~ ~~i A( G --i - r _,r~'t ~ -. n T. 1 P~'' - ~:.J `.`~(~l .. `~ i .. `~ y) 4 ~~ r :.._, _,q.~a ,...~a~-mz: ~r v.su+n~e _n+,tsr.- ~..u~ ~az^axx7k__ _- ~M._ ,Yatarte~r~sF.w:=^-~~ -~ ~ ,-, In the Court of Common Pleas of CLiMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION COLLEEN M. BURNHAM, )Docket Number 01-4502 CIVIL Plaintiff /Respondent ) vs. ) PACSES Case Number 6s2104787/D31995 DAVID M. BURNHAM, ) Defendant/Petitioner )Other State ID Number ORDER AND N®W, t0 Wlt OIl Ch1S 24TH DAY OF SEPTEMBER, 2002 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ®Other ALIMONY PENDENTE LITE filed on AUGUST a, 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. Q The Complaint or Petition may be reinstated upon written application of the plaintiff pettttoner. DRO: RJ Shadday xc: plaintiff defendant Clyde Vedder, Esquire Samuel Andes, Esquire «?~ i. '~`7-Q~' Form O&506 Service Type M Worker ID 21005 BY THE COURT: ~' ° ~; -atx; ~,-,R, ;,, -a ,.. ;;; z~" w ~ ~' : _ t~ ~ ~, ~~; -a W` cam' iTl ire ~ u; COLLEEN M. BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE N0.2001-4502 CIVIL TERM DAVID M. BURNHAM, IN DIVORCE Defendant/Petitioner DR# 31995 Pacses# 682104787 ORDER OF COURT AND NOW, this 28a' 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 R.J. Shaddav on September 24.2002 at 9:00 A.M. for a conference, at 13 N. Hanover St., Cazlisle, PA 17013, after which the conference officer may recommend that an Order for Alimorry Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a tme 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 caze expenses (5) proof of medical oovemge which you may have, or may have available to you IF you fail to appeaz 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 d_ ~ ~ ~"~,~~~ ~,~ R. J~Shadday, Conference Officer 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, PENNSYLVANIA 17013 (717) 249-3166 ~ ~ c 6~ ,, ~ :~ -~~;~ - _ ' ~~: ~~ - ` - ~~; ~ -r ~-_a , - ~. l li/ y ~_'~ I.y~ _ ~~ 2a ~__. .~~1 {~ _y `~ L b L m -r-• u~ ~ cn c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff owz~ ~~ ^ao-an'I vs. 3682 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 St'' 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 & VEDDER szH.DUKEST. separated on September 1, 2001. YORK. PA. 4. Respondent has not sufficiently provided support for Plaintiff. 5: Respondent is employed at Philip's Office Products and earns 53,600.00, more or less, net per month. Respondent's social 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 r- Y: lyde w. Vedde ~~squire 32 N. Duke St. PO Box 544 York, PA 17405 (717) 843-9815 Supreme Court No. 32098 Doc. No. Cwv6046 MORRIS &VEDDER 32 N. DUKE ST. YORK, PA. 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, .. No. 01-4502 Plaintiff 00624 SA 2001 vs. 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 Bow 544, City of York, York County, Commonwealth of, Pennsylvania, 17405, do hereby certify that on this %~ 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 BY: ~~y / / 'Ste hanie M. Warehime, Secretary to Clyde W. Vedder, Esquire MORRIS &VEDDER 32 N. DUKE ST. YORK, PA. c~ C_ S J --r - ~lfn w~ ~; Yi j _ ~l1 - ,.,. = ~~i,~ J, 1.- _ .. ._ ~.. _..i ~1 f" f d -V _ ~ ` ;~ ~, IN THF. 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 ~AI~ D OW, TO WIT, this 5~ ~` day of _~(~, 2002, ~- 1~~ ~.f c.c~~~ Esquire, is appointed Mas r with respect to the following claims: ( ) Divorce ( ) Annulment ( ) Alimony (X) Alimony Pendente Lite ( ) Distribution of Property ( ) Support ( ) Counsel Fees ( )- Costs and Expenses BY THE COURT: p. J. SCHEDULING OF PREHEARING CONFERENCE MORRIS & VED DER 32 N. DUKE ST. YORK. PA. AND NOW, the day of 2002, they Prehearing Conference is scheduled for 2002, 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 comply with the requirements of Cumberland Rules of Civil Procedure 1920.51(k). DIVORCE MASTERS OFFICE '{R$. ~~ t1A QUfn S +!. ~~' E r~ L ~r fb rh v u R ~ O' ~ ~U~o m h ~~ sta. ai ~' EU= U U ~ U V ~~ ~Qa ,..(/ V ~ ti ~M O~ ~ ., ' ' W ~~ U ~Q S,`t,' err f`.! :r ,1 ~~ 1 Y~ 1 rw~,~..+~-.ter; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff vs. DAVID M. BURNHAM, Defendant Action in Divorce REPLY TO NEW MATTER ii MORRIS & VEDDER 32 N. DUKE ST. j YORK. PA. AND NOW, TO WIT, this 4th day of October, 2002, comes the Defendant, David M. Burnham, by his attorneys, Morris & Vedder, and files this Reply to New Matter of which the following is a statement: 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) states, "This money (her payment of $2,000.00) is in lieu of any additional petition for spousal support." It makes no mention of equitab?e distribution, division of property, alimony pendente lite, alimony or counsel fees, costs and expenses or that Defendant is waiving or giving up his right to make such claims or ever. that Defendant was aware of the particular legal consequence of waiving spousal support. According to current case law, it was incumbent upon Plaintiff, as the enforcing party, to ensure that Defendant was made aware of any statutory rights allegedly being relinquished. See Ebersole v. Ebersole 713 A.2d 103 (Pa.Super. 1998); Mormello v. Mormello, 452 Pa.Super. 590, 682 A.2d 824 (1996). j MORRIS & VEDDER 32 N. DUKE ST. YORK, PA. 9. Denied. Defendant neither consulted with an attorney i 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's lack of involvement 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 value and does not state whether the $2,000.00 payment is coming from marital or non-marital funds. The agreement does not refer to any other property. Our appellate courts have held that such failure to make full and fair disclosure of a couple's assets invalidates the agreement. See, e.g., Hess v. Hess, 397 Pa.Super. 395, 580 A.2d 357 (1990) (full and fair disclosure requires that a "reasonable estimate of the worth of the assets must be attempted so that the general financial resources of the parties are not obscured"), 11. Denied. The parties have not performed their obligations under the agreement. By way of further answer, the subparagraphs are answered as follows: a. Denied. Defendant believes and therefore avers 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 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. Veddef, E~uire 32 N. Duke St. PO Box 544 York, PA 17405 (717) 843-9815 Supreme Court No. 32098 Doc. No. Cwv6328 MORRIS &VEDDER 32 N. DUKE ST. YORK, PA. 3 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF YORK 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. Clyde W. Ved er, squire Sworn and subscribed to before me this 4th day of October, 2002. otary Publ NOTARIAL SEAL it MORRIS & VEDDER M..Wy~p,/~,(~~~~~, f' 32 N. DUKE 3T. ~ ~ ~ ~Rr . ~C YORK, PA. ~~i /~ ~1N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff vs. Samuel L. Andes, Esquire 525 N. 12th St. PO Box 168 Lemoyne, PA 17043 MORRIS & VEDDER '~ephanie Fri. Warehime, Secretary to Clyde W. Vedder, Esquire - MORRIS &VEDDER 32 N. DUKE ST. YORK. PA. 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 4tn 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: C~ ~ ; n .~..i ~ ~-~ _ G w.' . ,,.. I __'-r1 ' ~~~' ` ; l Y` Y l^ . -C ;fi '- •%~= v7 iT f .~ ~ "J -,C In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DAVID M. BURNHAM VS. COLLEEN M Plaintiff SEELEY-BURNHAM Defendant Docket Number ) PACSES Case Number ) Other State ID Number ORDER OF COURT You, 4831 CHARLES RD, COLLEEN MARIE SEELEY-BURNHAM PA. 17050-3076-31 are ordered to appear at DOMESTIC RELATIONS HEARING RM 01-4502 CIVIL 682104787 plaintiff/defendant of 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 to : 3 oAM 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, 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. information relating to professional licenses `" 6. other. r,, 2'a' h) r,~ Service Type M Form CM-509 Worker ID 213 Oz Bmu~xArt v. SEELEY-BmzNBAM 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: ~~L . ~ oo Z G~ [~ ~ 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) zoo-6z2s . 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 Service Type M Worker ID 213 oz ~W '~. i r`~ rlaa'':wwnc4gMOan~3anxi?rz-arks.( ,-.u,=r:= em e ~ R Pal@-' ~. 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 t0 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 io : 3 oAM 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, a~ 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. information relating to professional licenses ~ 6. other: ' ~~ ['~ n ~7 „~ Farm CM-509 ServiceType M Worker ID 21302 BtnzNxAM V. SEELEY-BURNHAM PACSFS 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: arc C l ~7 2aa Z ~~l/ 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) zoo-622s . 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 Service Type M Worker ID 21302 M"• CJ _ ('" _ 3 i/i f: 3^ i~\l !,~ 7 >l: _ _~ .j ~ , ' ~~ - v ~ , ,£; . i r F :k.n.INW.fi Y~3i: YFi,e.~~ _ ~ .... .~~' COLLEEN SEELEY-BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION DAVID M. BURNHAM, :PACSES NO. 796103682 Defendant NO. 624 SUPPORT 2001 COLLEEN M. BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION DAVID M. BURNHAM, :PACSES NO. 682104787 Defendant N0.01-4502 CIVIL TERM INTERIM ORDER OF COURT AND NOW, this 17th day of January, 2003, upon consideration of the Support Master's Report and Recommendation, acopy of which is attached hereto as Ex~iibit "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 November 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 Rule 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. ~! ~~r~~~~n~s~N~ ~ ~h;1y-~~,,~ ~ 49'Ol~~ "~~ ~ c~l% ni ~0, '/:,' ~.~ .= artimw~ ~~w a r- :ss~x„w~rory*na~ms+~c~s~t?s+~manF~ wrn,~r~ 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, COLLEEN SEELEY-BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION DAVID M. BURNHAM, :PACSES NO. 796103682 Defendant NO. 624 SUPPORT 2001 COLLEEN M. BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION DAVID M. BURNHAM, :PACSES NO. 682104787 Defendant 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/k/a Colleen M. Burnham, who resides at 4831 Charles Road, Mechanicsburg, Pennsylvania.' 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. Ms. Seeley-Buniliam 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 effective May 10, 2002 z 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 Plaintiffs 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 employment 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 February, 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. z The order was entered following exceptions to this Master's Repor[ and Recommendation following a hearing held August 5, 2002. 3 See opinion dated November 15, 2002. ° 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."s 22. The Plaintiff paid the aforesaid sum of $2,000.00 to the Defendant. DISCUSSION The first issue in the case involves the document 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 agreements 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 makes 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 language. 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 specifically 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 pendency 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 s See Plaintiffs Exhibit 1. b See Plaintiff's Exhibit 1. alimony or support" because of a divorce or separation, she is barred from receiving APL, which is merely a type of support awarded in divorce cases. Musko v. Musko, supra at 256 In the present case the document makes a specific 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"an 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,a upheld the principle that a full and fair disclosure of the financial positiohs 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 attorney9 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), as follows: 23 Pa. C.S. Secflon 3103 a The same principles of law apply to both antinupfial and postnuptial agreements. Mormello v. Mormello, 682 A.2d. 824 (Pa. Super. 1996). 9 Richard Gaffney 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, 410 Pa. Super. 146, 599 A.2d. 647 (1991), appeal denied 530 Pa. 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, su ra at 222, 673 A.2d. at 388. The Claimant 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, the 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 pendente lite, a Court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning 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 proceeding 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 Ex Ground.10 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. Moonev v. Doubt, 766 A.2d. 1271 (Pa. Super. 2001). Where a party voluntarily reduces his income by assuminig a lower paying job, there generally will be no effect on his support obligation. An earning capacity equal to his actual earnings as determined by the order of November 15, 2002, will be imputed to him. The Plaintiffs 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.OO.t3 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 Plaintiffs 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. 11 Pa. R.C.P. 1910.16-2(d)(1) iz This determination of income was upheld in the opinion of November 15, 2002. is 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 life 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 November 15, 2002, shall remain in full force and effect. ~Cuxeexa lS,2oG3 P v`^~~Q K ~~ Date Michael R. Rundle Support Master Step 1 Wife's net monthly income Husband's net monthly income Difference Multiplication factor without dependent children Wife's APL obligation Step 2 Wife $3912.40 - 734.75 $3177.65 Step 3 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. Step 4 Offset the respective obligations Husband's child support obligation $815.76 Wife's APL obligation from Step 1 - 734.75 Husband's adjusted child support obligation 81.01 Exhibit "A" .~ In the Court of Common Pleas of Cumberland County, Pennsylvania Support Guideline Worksheet Rule 1910.16-1, et se . Defendant Name: David M. Burnham Docket Number: 624 S 2001 PACSES Case Number: 796103682 Plaintiff Name: Colleen M. Seeley-Burnham Other Case ID Number: Defendant Plaintiff 1. Number of De endents in this Case 2 2. Total Gross Month/ Income $2,810.28 $3,177.65 3. Less Month/ Deductions - 4. Monthly Net Income Line 2 minus Line 3 $2,81D.28 $3,177.65 5 a. Combined Total Monthly Net Income Amounts on Lme 4 Combined _ :-,._ _ __- $5,987.93 - 5 b. Derivative Soc. Sec. Benefits Paid to Child ren - 5 c. Ad'usted Combined Total Month/ Net Income - 6 a. Child Su ort Obli ation based on Ad'usted Income Line 5c _ -- - - -- 6 b. Less Derivative Soc. Sec. Benefits Line 5b _ _ - 6 c. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Su ort Schedule - . - $1,532.00 7. Net Income as a Percents a of Combined Amount 46.93 53.07 8. Each Parent's Month/ Share of the Child Su ort Obli ation $718.97 $813.03 9. Ad'ustment for Shared Custod Rule 1910.16-4 c # of Overni hts: - - 10. Ad'ustment for Child Care Ex enses Rule 1910.16-6 a $96.79 11. Ad-ustment for Health Insurance Premiums Rule 1910.16-6 b - 12. Ad'ustment for Unreimbursed Medical Ex enses Rule 1910.16-6 c - 13. Ad'ustment for Additional Ex enses Rule 1910.16-6 d 14. Total Obli ation with Ad'ustments Line 8 minus Line 9, !us Lines 10 11 12 13 $815.76 15. Less S lit Custod Counterclaim Rule 1910.16-4 d - 16. Obligor's Support Obligation Line 14 minus Line 15 $815.76 Prepared by: mrr Date: 1/ 9/2003 Summary Report S1. PACSES Multi le Famil Ad"ustment - S2. S ousal Su ort Award - S3. Ad"ustment for Excess Mort a e Pa ments If A licable - S4. Final Calculated Support Obligation Line 16 (or S7, if applicable) plus Line S2 and S3, if applicable Monthly: $815.76 Weekly: $187.75 TAX INFORMATION Tax Method Filin Status Exem lions S5. Defendant 1040 ES Married Filin Se aratel 1 S6. Plaintiff 1040 ES Head of Household 3 S7. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: SupportCalc 2002 F'Yhibit "B" COLLEEN M. BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW NO. 01- 4502 CIVIL TERM DAVID M. BURNHAM, PACSES NO. 882104787 Defendant/Respondent ORDER OF COURT AND NOW, this day of March, 2003, upon consideration of SAIDIS SH[IFF, FLOWER & LINDSAY 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 Court, J. 26 W. High Street Carlisle, PA i ~.~ ~~ r ~ f, -r ` f' :',~~1G1 !i ~ ~ ~~ ~5~~ COLLEEN M. BURNHAM, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW NO. 01- 4502 CIVIL TERM DAVID M. BURNHAM, PACSES NO. 682104787 Defendant/Respondent PETITION FOR TERMINATION OF ALIMONY PENDENTE LITE NOW comes COLLEEN M. BURNHAM, a/k/a COLLEEN SEELEY- BURNHAM, by and through her counsel, Saidis, Shuff, Flower & Lindsay, and Petitions this Honorable Court as follows: 1. Petitioner is Colleen M. Burnham, a/k/a, 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 $2,075.53. 4. No exceptions were taken to the Master's Report and Recommendation SAIDIS SHiIFF, FLOWER & LINDSAY ATTOR[$yg•AT•LAW 26 W. High Street Carlisle, PA 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. 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 $3,342 per month. 7. Respondent no longer has the requisite need for alimony pendente lite. 8. Petitioner seeks an adjustment in child support and an office conference on her Petition for modification is set for March 21, 2003 at 10:30. WHEREFORE, Petitioner prays this Honorable Court to terminate the alimony pendente lite of David M. Burnham effective the date of his activation into the Marines, January 23, 2003. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff SAIDIS SHUF$ FLOWER & LINDSAY By 26 W. High Street Carlisle, PA Carlisle, PA 17013 (717)243-6222 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. § 4904, relating to unsworn falsification to authorities. Colleen M. Burnham Date: ~ ~ - f j ~ 3 SAIDIS SHOFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA COLLEEN M.BURNHAM, Plaintiff/Petitioner vs. DAVID M. BURNHAM, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01- 4502 CIVIL TERM PACSES NO. 682104787 CERTIFICATE OF SERVICE AND now, this ~~ day of ~lli>f 2003, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, 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 Street P. O. Box 544 York, PA 17405 1s` Sergeant David M. Burnham H&S Companies 1/25 -PSC Box 20172 Camp Lejeune, NC 28542-0172 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORN6Y3•AT•LAW 26 W. High Stree[ Carlisle, PA By:, Esquire 2b`i~1est High Street Carlisle, PA 17013 (717)243-6222 S Y 0 Q 7~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DAVID M. BURNHAM Plaintiff vs. COLLEEN M. SEELEY-BURNHAM Defendant AND NOW, to wit on this Docket Number o1-4502 CIVIL ) PACSES Case Number 682104767 Other State ID Number ORDER 21ST DAY OF MARCH, 2003 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ®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. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Carol Lindsay, Esquire Service Type M ~ ,~:: Y~~ z.,y„-d3 BY THE COURT: Form 0E-506 Worker ID 21005 c~ ~, ~..} f, 'arcs _`~ ~.-~; ~- ~ ,: ~ ;, _ ~ _' i; _3 ._ G - ~' =v ~ f.7 C,. z'SJ ieT'. ~ ~ ~ .t YS,I i. ~ y-.. as-szr~-z¢m <9eu'?,awasu'~4'pPi.S. _. _. ~a COLLEEN M. BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. N0. O1 - 4502 CIVIL DAVID M. BURNHAM, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~ day of , 2004, counsel having filed a praecipe withdrawing the economic 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 r H ffer, P. . cc: Carol J. Lindsay Attorney for Plaintiff Clyde W. Vedder ,~~~..5=b7"Oy Attorney for Defendant ~.I ``i~i~.,~:~~ raj ~: ~~~' =!Jt:~~ ~~; ~l16~'~ L-;,~'~hQG~ \`, r ,~.;,r, ~1 J~t`~~'J~n.#1f1 GC J; I.~. 3O ..,.:x.,., ~r.~, -~. i? MORRIS &VEDDER 32 N. DUKE 5T. ,, YORK, PA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff vs. DAVID M. BURNHAM, Defendant Action in Divorce PRAECYPE TO REYNSTATE TO THE PROTHONOTARY: (X) Kindly mark the Petition for Related Claims filed of record on August 9, 2002 in the above-captioned action "Reinstated" by order of Defendant. Respectfully submitted, MORRIS & VEDDER DATED: January 11, 2006 BY: Clyde W. Vedder, Esquire 32 N. Duke St. PO Box 544 York, PA 17405 (717) 843-9815 Supreme Court No. 32098 Attorney for Defendant Doc. No. Cwv00803 ~,1Nnu~ i~3awn,~ SNOIltll3 I1S3W00.i0 301 ~0 31i~ b o ~~/b ~ i r~r goon .~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff 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 11th 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 : ° ephanie M.'Warehime, Secretary to Clyde W. Vedder, Esquire { MORRIS &VEDDER 32 N. DUKE 5T. YORK, PA. a~ c-. -= ,-- ~ o _- ~~ ~, L ~ - ~ ~-! - .t; ~ ~ - _ -, T. `Y 4~ `Jt Tn9 i_ - - 'C~ _ _. _~ - . "'_ +.t °< ~.- .~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff vs. DAVID M. BURNHAM, Defendant Action in Divorce PRAECIPE TO REMOVE TO THE PROTHONOTARY: (X) Kindly mark Defendant's Affidavit of Consent and Wavier of Notice filed of record in the above-captioned action "withdrawn" by order of Defendant. Respectfully submitted, MORRIS & VEDDER ~! MORRIS &VEDDER 32 N. DUKE 3T. YORK. PA. DATED: January 18, 2006 Doc. No. Cwv0930 By; v v Clyde W. Vedde Esquire 32 N. Duke St. PO Box 544 York, PA 17405 (717) 843-9815 Supreme Court No. 32098 Attorney for Defendant ~., , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff 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 January, 2006, 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: /~'tephanie M. Warehime, Secretary to Clyde W. Vedder, Esquire `i MORRIS &VEDDER 32 N. DUKE ST. YORK. PA. N r_ ~ _ u~ ...~ _ __~ rv~ .7~~~ - _ ~ -j C-? _,.. ' . r~ _ ` ' t y - c,~ - :< ; u ~~~~~ ;.~~. eWaav~maAexselrs:+ema+';rmn~ma. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff 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 'day of February, 2006, 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 5009 McDonald Drive, No. 3, 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 on August 9, 2002 and being reinstated contemporaneous herewith. 2. Respondent is Colleen M. Burnham, an adult female individual residing at 408 Pawnee Drive, Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania 17050. 3. The parties were married on October 30, 1994 and Gs MORRIS Q VEDDER IS 3z N. ouKesT. separated on September 1, 2001. ~'' VORK. PA. 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 security number is 108-54-5283. 6. Your Petitioner is employed at Boscov's and earns $900.00, more or less, net pay per month. In addition, your Petitioner receives $567.17 as reserve pay which will cease by June, 2006. 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 i MORRIS &VEDDER 32 N. DUKE SL ', ,. YORK, PA. BY: ~--~ ~/" L „~ Clyde W. Vedder, Esquire 32 N. Duke St. PO Box 544 York, PA 17405 (717) 843-9815 Supreme Court No. 32098 Doc. No. Cwv6046 2 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. ~A'N"'~ I 'v I ..V r~ ~ SEAL ) David M. Burnham Sworn and subscribed to before me this 1,~~ day of February, 2006 ~ ~ ~ c COMMONWEALTH OF PENN9VLVANIA NCTAR1,4i SEAL STEPHANIE M. WAREHIME, Notary Pubic City of York, York County My Commission Expires March 21, 2009 MORRIS & VEDDER h 32 N. DUKE ST. YORK, PA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COLLEEN M. BURNHAM, No. 01-4502 Plaintiff 00624 SA 2001 vs. PACSES Case No. 795103682 DAVID M. BURNHAM, Defendant Action in Divorce 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: ~~ ~_ t phanie M.'Warehime, Secretary to Clyde W. Vedder, Esquire MORRIS &VEDDER 32 N. DUKE 5T. YORK, PA. C7 a C~ ~ ~' -t C3 r;,r` ~ nib ~ n CG = Ci ~ C'' t "T ~~. ~ ~~ .J - C,3 -{ ., V'i ~ n v Rnrurnnnun FoR APL PETITION ~ d ~ ~ ~5 ~Z Name of Petitioner nav;A'M_ R„rnham Social Security Number524-90-407.90 Address 50 McD a d Dr' a Me nics u P Date of Birth ~~ Place of Birth i]ami?r cn Phone # !'? Maiden name of Petitioner Name of Attorney Clyde W. Ve er, EsgL Name and Address of employer Boscov s - occupation ~;~ Sw(rc %n,.,..•k Average weekly net income ?e0 Name of Address Date of ce Social security Number 108-54-5283 Name and Address of employer Ph;1;~'c Off; e Products Occupation Acct. ReD -Sales Average weekly net income $900.00 Respondent's military service Respondent's Atty. Carol S. Lindsay, Equire Race Height Weight Color hair Eyes Respondent's Father's name and address Respondent's Mother's name and address Other income(s) for parties (if applicable) D,-4rh,.,.v ~ r~nnLlL eta SOfl .,++nK- When and Where metric Last marital domicile Are you Plaintiff or Prothonotary's Docket When and how~much was - Alexandria, VA Date of separation 09.01.01 No. 01-4502 the Respondent's last contribution for APL/Spousal support? Are you receiving public Assistance?( )Yes( 7~7~)NOJ Dept. of Public Welfare # Did you ever file a complaint for support or APL in any court? (XX )Yes ( )No If so, Where? What is the status of that case? Complaint was wit drawn. Reason Remarks Are you requesting medical support services? Medical Insurance Information: Complete this section as fully as possible at the time of application. Who insures the Petitioner for whom APL. is requested? Respondent Petitioner. Respondent's Insurance Information Insurance Carrier: Group/Policy/Agreement number: List of names for those covered: Type of Coverage: (- )Medicare Part A ( )Medicaze Part B ( )Dental coverage ( )Vision coverage ( )Maj oz Medical coverage ( )Hospital Plaa only ( )Basic Hospitalization/Physician ( )Drug/Prescription coverage/Plan ( )NO COVERAGE AVAILABLE AT PRESENT DateGt? /S~ 6~ Petitioner/Attorney Signature Petitioner's Insurance Information Insurance Carrier: Group/Policy/Agreement number: 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/Prescr3~ptioa covera a/Plan ( ) Lr LA .'L* PRESENT -------'----------------Domestic Relations Office Use Below This Line-------------------- Date APL .request received by DRS DRO number Docket number Conference Information DATE MEDICAL INFORMATION Is FULLY COMPLETED AND VERIFIED ..°.. 0. /DRD ..Orker ~......rting ,.Ompl.°.t1C.^. date Date PC Dates C: .-~~ J c. a -ro c: ~ ~ ~ -_ ~. ~` ~ ~.>~ . _, ~, _, ,.. _,, y~l i J C.3 :C -..3 COLLEEN M. BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 01-4502 CIVIL TERM DAVID M. BURNHAM, IN DIVORCE DefendandPetitioner , PACSES # 682104787 ORDER OF COURT AND NOW, this 10th day of Febmary, 2006, upon 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 R.J. Shaddav on March 14.2006 at 1:30 P.M. for a conference, at 13 N. Hanover St., Cazlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are furt}ter ordered to bring to the conference: (1) a true copy of yow most recent Federal Income Talc Retum, 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 yow arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on February 21, 2006 to: Petitioner Respondent Clyde W. Vedder, Esquire Cazol J. Lindsay, Esquire i ~ ~ Date of Order: February 21, 2006 t~.....e . J. e adday Conference Officer J 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, PENNSYLVANIA 17013 (717)249-3166 cc361 c3 - =~ -- ~ ~-, -~ -~,~ : -r, --~ ~ ___ _ L,, $ 1a~ rte 'O" " % ) + -i _ _ -"i iJ _ ~ 'f`I _- ~ pill _ ~t~i `i ~~ 4'9 ti ~~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DAVID M. BURNHAM Plaintiff Docket Number o1-4502 CIVIL ) PACSES Case Number 682104787 ) Other State ID Number vs. COLLEEN M. SEET~EY-BURNHAM Defendant AND NOW, to wit on this ORDER 14TH DAY OF MARCH, 2006 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ®Other ALIMONY PENDENTE LITE REQUEST filed On FEBRUARY 17, zoos in the above captioned matter is dismissed without prejudice due to: THE PETITIONER WITHDRAWING HIS REQUEST FOR ALIMONY PENDENTE LITE. Q The Complaint or Petition may be reinstated upon written application of the plaintiff pettttoner. BY THE COURT: J. yV~sley Oler, J>d. , ~/7 .IUDGE ~RO: t~,J. Shadday ervice ype M Form 0E-506 Worker ID 21005 sa _. ~ a c Q Q. ~~ ~ rr;= s:. 7.._, ~. -_, Ui^= ~ ~_ [ i "~'- i - t.... r ...i C.iT O ~~ COLLEEN M. BURNHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. N0. O1 - 4502 CIVIL DAVID M. BURNHAM, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 1~ day of ~~~, 2006, there being no economic claims pending before the Master and an affidavit under Section 3301(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. cc: 12rarol J. Lindsay Attorney for Plaintiff Clyde W. Vedder Attorney for Defendant y~ ~~. 0~~ ~~ BY THE COURT, y.. n,' [:5 ~ [_ ~ =e: J~ Li~_ ~f' ~ f~v L-, ~-: «L. R1. ~_ `° '~ N 4 .. ~~l