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HomeMy WebLinkAbout01-04728NANCY E. BURGESS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. O (- /./'j~ ~t U t~. `mil BOBBY R. BURGESS, CIVIL ACTION -LAW Defendant 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 and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Dauphin County Court House, Front and Market Streets, Harrisburg, 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted Debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo a viso o notificacion, y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO {NMEDIATAMENTE. SI NO T{ENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NANCY E. BURGESS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff BOBBY R. BURGESS, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d~ OF THE DOMESTIC RELATIONS CODE 1. Plaintiff is Nancy E. Burgess, an adult individual, whose legal residence is 1536 Grandview Avenue, Lower Allen Township, Cumberland County, Pennsylvania (Mechanicsburg, Pennsylvania) 17055. The social security number of the Plaintiff is 286-36-3385. 2. Defendant is Bobby R. Burgess, an adult individual, whose legal residence is 1536 Grandview Avenue, Lower Allen Township, Cumberland County, Pennsylvania (Mechanicsburg, Pennsylvania) 17055. The social security number of the Defendant is 246-56-1272. At the present time, and since, on or about April 27, 1999, the Defendant has been incarcerated by the Commonwealth of Pennsylvania, with his current mailing address being: Bobby R. Burgess No. DY-3293 P.O. Box 256 Waymart, PA 18472-0256 COUNTI Divorce Under Section 3301(c) of the Divorce Code 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 13, 1959 in Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant separated on or about April 27, 1999. 6. There have been no prior actions in divorce or annulment between the parties. 7. The Defendant is not a member of the armed forces of the United States or any of its allies. 8. The Plaintiff avers that the marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. The Plaintiff does not desire counseling. 10. Plaintiff avers that there are no children of the parties under the age of 18. 11. Plaintiff requests the Court to enter a Decree of Divorce. 2 COUNT II Divorce Under Section 3301(d) of the Divorce Code 12. The averments heretofore set forth in paragraphs 1 through 11 are incorporated herein by reference. 13. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 14. The Plaintiff and Defendant were married on September 13, 1959 in Cumberland County, Pennsylvania. 15. There have been no prior actions in divorce or annulment between the parties. 16. The Defendant is not a member of the armed forces of the United States or any of its allies. 17. The Plaintiff avers that the marriage is irretrievably broken. 18. The Parties have lived separate and apart since April 27, 1999, a period in excess of two years. 19. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. The Plaintiff does not desire counseling. 20. Plaintiff avers that there are no children of the parties under the age of 18. 21. Plaintiff requests the Court to enter a Decree of Divorce. 3 COUNT III Equitable Distribution 22. The averments heretofore set forth in paragraphs 1 through 21 are incorporated herein by reference. 23. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 33502 of the Domestic Relations Code. COUNT - IV Alimony 24. The averments heretofore set forth in paragraphs 1 through 23 are incorporated herein by reference. 25. Plaintiff lacks sufficient property to provide for her reasonable needs. 26. Plaintiff, although gainfully employed, is unable to sufficiently support herself, as well as maintain a home for the children of the parties, through appropriate employment. 27. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree in Divorce under Section 3301(c) or Section 3301(d) of the Divorce Code and, in addition thereto, prays that your Honorable Court: 4 A. Equitably distribute all property, both personal and real, owned by the parties; B. Order the Defendant to pay alimony to Plaintiff; and C. Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Date: 'Zpd l /27693 CALDWELL & KEARNS By M..~ Carl G. Wass, Es e 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 I. D. #07268 Attorney for Plaintiff 5 UNSWORN VERIFICATION I, Nancy E. Burgess, verify that the averments in the foregoing Complaint Under Section 3301(c) or 3301(d) of The Domestic Relations Code 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. BY~ ~ vLC' ~ ~vur'.~CY Nanc .Burgess C) ~ c LJ ~ ~a r C ._~ ;. , u t~, ` '~ c^ fit (~ ~ ~ ~~_ ~: .~ ~ r, a ~~ ~ ~J G ,, couNTY Cumberland COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS RECORD OF DNORCE OR ANNULMENT (CHECK ONE) ^ t, STATE FILE NUMBER STATE FILE DATE HUSBAND L NAME (Firm) ~JAIe) (L+utJ 2. DATE OF 61RTH (Morrth) (Day) (Year) Bobb R. Bur ess December 20 1941 3. RESIDENC6 Street or R.D. Ciry, Bora or Tvp. Cawrry S+nre 4. PLACB OP BIRTH (Score or Foreign Country) 1536 Grandview Avenue Mechanicsbur PA 17055 North Carolina 5. NUMBER OF THIS MAAAIAGE 6. RACE WHITE BLACK OTHER (SPECIFY) ]. USUAL OCCUPATION 1 X81 ^ ^ Interior Home Remodelin WIFE 0. MAIDEN NAME (First) (MirlrlleJ (Last) 9 DAT80F BIRTH (Mmnh) (DnyJ (YevrJ Nancy E. Shoffner June 04 1941 10. RESIDENCE S+reeror R.D. Ciry, Haro. or Twp. Cowrry Stnle I1. PLACE OF BIRTH (State or Foreign COaalry) 1536 Grandview Avenue Mechanicsbure PA 17055 Pennsvlvania 12. NUMBEA OFTHIS MARRIAGE 13. RACE WHITE BLACK OTHER (SPECIFY) 16. USUAL OCCUPATION 1 ~ ^ ^ Homemaker IS PLACE OF THIS MARRAGE (CiunryJ (Score or Foreign Country) 16. DATH OF THIS MARRIAGE (Month) (DrryJ ryearJ Cumberland Penns lvania Se tember 13 1959 I]A. NUMBER OFCHICDREN I]B. NUMBER OF DEPENDENT I8. PLAINTIFF 19. DECREE GRANTED TO THIS MARRIAGE CHILDREN UNDER I8 HUSBAND WIFE OTHER (Specify) HUSBAND WIFE OTHER (Specify) 2 0 ^ ~ ^ ^ ^ ^ 20. NUMBER OF CHILDREN 21. LEGAL GROUNDS FOA DIVORCE OA ANMJLMENT TO CUSTODY OF HUSBAND WIFE SPLIT C USTODY OTHEA (Specify) ^ ^ ^ ^ 3301 (c) or (d) 2b DATE OP DECREE /Moor!) /DnvJ /Yend 23 . DATE REPORT SEM TO VTTAL RECORDS /Mnnrhl /Mvl /v,..i NANCY E. BURGESS, Plaintiff v. BOBBY R. BURGESS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about April 27, 1999, 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. 4. I verify that the statements made in this affidavit are true and correct. 5. 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: ~_~~p r.L( `rll t~f ~,~~ sip -~~~ Nancy E. urges e7 c. ,.-~; _.. ~, e. -~~~: ,_ -C ~.:J _ %r, [_: ~., ~ _ " = G ' i am ^`3 . --j '{ ~ ~J NANCY E. BURGESS, vs. BOBBY R. BURGESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4728 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE TO THE PROTHONOTARY: Please enter the appeazance of Joseph D. Caraciolo, Esquire in regard to the above- captioned action. Date O~ ?y ~'~ Jo eph D. Cazaciolo, Esquire T e Law Offices of Patrick F. Lauer, Jr. 2108 Market Street Camp Hill, PA 17011 ID# 90919 Tel. (717) 763-1800 AUG-10-2005 03:14 PM PRTR ICK LAUER P. 02 ' r; NANCY E. BURGESS, vs. BOBBY R. BURGESS, Defendant TO THE PROTHONOTARY: IN'fHE CUURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4728 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE Please withdraw the appearance of Carl G. Wass, Esquire in the above-captioned action. Date- 20 S Respectfully submitted, Carl G. Wass, Esgm 3631 North Front Street Harrisburg, AA 17110 (717)232-7661 I.D.#07268 a~ ` ~~ ~_~ ~~ -~ y~ '- ~ _T_ c's _ m - - __i C~ .. _ _ .~ 4'' n tr3 jrn _.i tv ~~ '/ .axe ~.:.,...... ~.:~;,~; i~;~~a ~- .~_r.,~,r„ixsYS*aop~E~' NANCY E. BURGESS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW BOBBY R. BURGESS, Defendant NO. 01-4728 CIVIL TERM ORDER OF COURT AND NOW, this 16a' day of September, 2005, upon consideration of Defendant's "Motion and Brief for Expansion of Time To Hire an Attorney, As Is the Defendants Constitutional Right To Legal Representation" (filed July 21, 2005), and of Defendant's "Motion and Brief to the August Judge Wesley Oler Jr. for Opinion and Order Regarding the July 21, 2005 Filed Motion" (filed September 11, 2005), and it appearing that the earlier motion was not forwarded to a judge for action but that in any event a period in excess of the 45 days requested by Defendant within which to retain private counsel has elapsed without prejudice to Defendant, the motion is deemed moot and the file is returned to the Divorce Master for further proceedings, including disposition of any requests by Defendant for discovery prior to the master's hearing. BY THE COURT, Robert Elicker, Esq. Divorce Master Carl G. Wass, Esq. 3631 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Bobby R. Burgess No. DY-3293 P.O. Box 256 Route 6, Carbondale Road Waymart, PA 18472-0256 Defendant, Pro Se :rc .. ~. ,~'", NANCY E. BURGESS, Plaintiff vs. BOBBY R. BURGESS Defendant nRnF'R AND NOW, this ~ day of ~4 ,~.~ 2005, E. ROBERT ELICKER, II, is hereby appointed Master in Divorce. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4728 Civil CIVIL ACTION -LAW IN DIVORCE BY THE COURT: j' ~: ~• 4' • J. Distribution: -Joseph D. Caraciolo, Esq., 2108 Mazket St., Camp Hill, PA 17011 -Bobby R. Burgess, Pro Se, P.O. Box 256 Route 6, Waymart, PA 18472-0256 NANCY E. BURGESS, Plaintiff vs. BOBBY R. BURGESS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4728 Civil CIVIL ACTION -LAW IN DIVORCE nRnF'R AND NOW, this ~ day of t7u [.~ 2005, E. ROBERT ELICKER, II, is hereby appointed Master in Divorce. BY THE COURT: ~~ y , t ~~ ~ J. Distribution: -Joseph D. Caraciolo, Esq., 2108 Market St., Camp Hill, PA 17011 -Bobby R. Burgess, Pro Se, P.O. Box 256 Route 6, Waymart, PA 18472-0256 ~- r, Cif: 1L=J i ~)U LL. Z t^- ~~"7 ~.S ~-~ ,. ,__ ~,~ -, iC~i Q ~,_ .Li a~ i i~ o ...J .~ N ~I Fa - 'r nr~e.,k~'±~fiaeeM'.Fii~RY6mF'd5€° iW'+is., + - a _~. „ , n_ . ~ ~cm - • ~sr .~ue_sF~d~i !' NANCY E. BURGESS, Plaintiff vs. BOBBY R. BURGESS Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4728 Civil CIVIL ACTION -LAW IN DIVORCE AND NOW COMES, the Plaintiff, Nancy E. Burgess, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., and moves the Court to appoint a Master with respect to the following claims: (X) Divorce ( )Annulment ( )Alimony ( )Alimony Pendente Lite and in support of the Motion states: (X) Distribution of Property ()Support ( )Counsel Fees ( )Costs and Expenses 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action Pro Se. 3. The statutory grounds for divorce are 3301(c) and 3301 (d). 4. The action is not contested and no agreement has been reached with respect to the disputed claims. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. Date: ~-y G J~~eph D. Caraciolo, Esquire OS Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 NANCY E. BURGESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-4728 Civil BOBBY R. BURGESS :CIVIL ACTION -LAW Defendant : IN DIVORCE I, Joseph D. Caraciolo, Esquire, hereby certify that on the below-noted date,-served a true and correct copy of the foregoing Motion for. Appointment of Master upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: Bobby R. Burgess P.O. Box 256 Route 6 Waymart, PA 18472-0256 J ph D. Cazaciolo, Esquire 08 Mazket Street, Aztec Building amp Hill, Pennsylvania 17011-4706 Date: ~ ~ ID# 90919 Tel. (717) 763-1800 n a ~~: ~, ~, _ = :~, r.J e~y ~~; r~ ~~~, -~ Z~'n -_ Vin, _ -' C : W ., -! -`i N ~ ~ O <~ ,. ;. _ ... - _ r~°nar~+ws~. kmwre.o-. i m.-~. ,_ ~ _ : , I.a.T_ ., . ~ , A-a'}'aamr ~a~ ~/ 2FC~~''; 4v "' ~. ~ ~~C5~ < BOBBY BURGESS P.O.BOX 256. ROUTE 6, WAYMARt, PA. 18472 0256 CLERK OF COURTS DENTS E. LEBO COURTHOUSE ONE COURTHOUSE SQUARE 17013 DEAR CLERK LOBO; BURGESS VS. BURGESS N0. 1 4728 CIVIL TERM BEFDRE THE AGUST JUDGE WESLEY OLER JR. DATED~~ ~ ©~ ENCL05ED PLEASE FIND MY THREE COPIES OF A MOTION FOR A RESPONSE TO PETITIONERS JULY 21,2005 MOTYONo SAID MOTION ALSO NOTED TO THE COURT MISTAKES SUPPLIED BY THE PLAINTIFF NANCY BURGESS, t0 THE COURT. PLEASE MAY I HAVE AN UP TO DATE DOCKET STATEMENT OF MY CASE. THANK YOU FOR ANY AND ALL CONSYDERATION GYVEN MY PRO SE PURSUIT OF FAIR AND EQUITABLE ACCESS TO THE PENNSYLVANIA COURT PROCESS.. MAY CLOD BLESS YOU ALL. YOURS TRULY ~, du, I ~ r s z ~ ~t ~ ~ ~~ t ~ ~'~ ~ v ~ BOB Y BURGES ~ J ~L ~o ~ ~ ~~ c j L'7V 5 C. nn ~ d~ ~ ~~~ ~' ~ IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA NA1tCY E. BURGESS N0.1 b728 Civil Tenn PLAINTIFF THE AUGUST JUDGE WESLEY OLER JR. Vs. BOBBY R. BURGESS " DEFENDANT DATED ~ 02 Q MOTION AND BRIEF TO THE AUGUST JUDGE WESLEY OLER JR. FOR DPINTON AND ORDER REGARDING THE JULY 21,2005 FILED MOTION. ON JULY 21,`L005 THE COURT RECORDED MY MOTION FOR TYME t0 EMPLOY AN ATTORNEY, AS OF THiS DATE I HAVE NOT RECEIVED THE COURTS RESPONSE TO MY MOTION. INSTEAD I RECEIVED A COPY OF A MOTION FILED BY ATTORNEY CARACIOLO, IN HIS MOTION THE ATTORNEY STATES. 1..discovery is complete as to the claims for which the appointment of a master is requested. THERE HAS BEEN NO DISCOVERY BEGAN, NO LESS COMPLETED! 2..the defendant has appeared in the action PRO SE. NUMBER 2 IS DESIGNED DELIBERATELY TO MISLEAD THE READER, THE RESPONIIENT NEVER APPEARED IN TNIS COURT. IN THE MATTER OF BURGESS Y. BURGESS. BOBBY BURGESS IS CONTESTING TNIS ACTION WITH ALL NIS RESOLVE. 3..THE GROUNDS FOR DIVORCE ARE YET TO BE ESTABLISHED. 4..THE ACTION IS CONTESTED, AND WILL REQUIRE MUCH INVESTIGATION. 1 { RESPECTFULLY SUBMITTED BOBBY BURGESS CERTIFICATE OF SERVICE I BOBBY BURGESS HEREBY CERTIFY THAT ON THIS DATE ~ °18 ~~ SERVED A TRUE AND CORRECT COPY OF THE ABOVE MOTION FOR A REPLY FROM THE COURT, WITH RESPONDENTS INFORMAL RESPONSE TO THE ATTORNEY F~'R PiAINTIFF, 2108 MARKET STREET A~tEC BUILDING, CAMP HILL, PA. 17011 4706 ~~s~~ BOBB BURGESS VERIFICATION I, THE UNDERSIGNED, VERIFY THAT THE ABOVE STATEMENTS ARE TRUE AND CORRECT AND THAT ANY FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO 18 PA. C.S.A. 54904 RELATING TO FALSIFICATION TO AUTHORITIES. DATED a`L~ ~~ ~..Q piL BOBS BURGESS 2 _.:~ ' , '; .._ ~ `) , M ~~ ~~ ' c ~ ~~ ~~ .~ t~ ,_~ [-~ ~~ar -° _~t -r, _ _~: _ _ a' ~3 -} ` r ; `.~ -; • • { :~:% .,. ~' BOBBY BURGESS P.O.BOX 256 ROUTE 6. WAYNART, PA. 18472 0256 CLERK OF COURTS DENTS E. LEBO COURTHOUSE ONE COURTHOUSE SQUARE 17013 DEAR CLERK LEBO: BURGESS VS. BURGESS NO. 1 4728 CIVIL TERM BEFORE THE AGUST JUDGE WESLEY OLER JR. DATED_~~ ~ ~~ .ENCLOSED PLEASE FIND MY THREE COPIES OF A MOTION FOR A RESPONSE TO PETITIONERS JULY 21,20US MOTION. SAID MOTION ALSO NOTED TO THE COURT MISTAKES SUPPLIED BY THE PLAINTIFF NANCY BURGESS, TO THE COURT. PLEASE MAY I HAVE AN UP TO DATE DOCKET STATEMENT OF MY CASE. THANK YOU FOR ANY AND ALL CDNSIDERATION GIVEN MY PRO SE PURSUIT OF FAIR AND EQUITABLE ACCESS TD THE PENNSYLVANIA COURT PRDCESS.. MAY CLOD BLESS YOU ALL. YOURS TRULY ~~~ BOB BURGES ~~ ~~ w a t r .,, ~~ r~~+~-` ~ T m~ '-'- ___ _ _ r °n .;' i _ - ~ T `_ j C~ i._ -1 ~a '~ t}`~ ~ IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA NANCY E. BURGESS N0.1 4728 Civil Term PLAINTIFF THE AUGUST JUDGE WESLEY OLER JR. Vs. " BOBBY R. BURGESS " DEFENDANT DATED 0 02 Q MOTION AND BRIEF TO THE AUGUST JUDGE WESLEY OLER JR. FOR OPINION AND ORDER THE JULY 21,2005 FILED MOTION. ON JULY 21,2UU5 THE COURT RECORDED MY MOTION FOR TIME TO EMPLOY AN ATTORNEY, AS OF THIS DATE I HAVE NOT RECEIVED THE COURTS RESPOnSE TO MY MOTION. INSTEAD I RECEIVED A COPY OF A MOTION FILED BY ATTORNEY CARACIOLO, IN HIS MOTION THE ATTORNEY STATES. 1..discovery is camnlete as to the claims for which the appointment of a master is requested. THERE HAS BEEN NO DISCOVERY BEGAN, NO LESS COMPLETED! 2..the defendant has appeared in the action PRO SE. NUMBER 2 IS DESIGNED DELIBERATELY TO MISLEAD THE READER, THE RESPONDENT NEVER APPEARED IN THIS COURT. IN THE MATTER OF BURGESS Y. BURGESS. BOBBY BURGESS IS CONTESTING THIS ACTION WITH ALL HIS RESOLVE. 3..THE GROUNDS FOR DIVORCE ARE YET TO BE ESTABLISHED. 4..THE ACTION IS CONTESTED, AND WILL REQUIRE MUCH INVESTIGATION. 1 ~_ RESPECTFULLY SUBMITTED BOBBY BURGESS .CERTIFICATE OF SERVICE I BOBBY BURGESS HEREBY CERTIFY THAT ON THIS DATE_~ °~~ ©SJ SERVED A TRUE AND CORRECT COPY OF THE ABOVE- MOTION FOR A REPLY FROM THE COURT, WITH RESPONDENTS INFORMAL RESPONSE t0 THE ATTORNEY FOR PLAINTIFF, 2108 MARKET STREET AZTEC BUILDING, CAMP HILL. PA. 17011 4706 ~` BOBB BURGESS VERIFICATION I, THE UNDERSIGNED, VERIFY THAT THE ABOVE STATEMENTS ARE TRUE AND CORRECT AND THAT ANY FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO 18 PA. C.S.A. X4904 RELATING TO FALSIFICATION TO AUTHORITIES. DATED ~g ~ ~ _ -2a~L BOBB BURGESS 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA. Nancy E. Burgess Plaintiff v. N0.01 4728 civfl term JUDGE WESLEY OLER JR, BOBBY R. BURGESS PRO SE DEFENDANT MOTION AND BRIEF FOR EXPANSION OF TYME TO HIRE AN ATTORNEY, AS IS THE DEFENDANTS CONSTITUTIONAL RIGHT TO LEGAL REPRESENTATION. NOW COMES THE DEFENDANT BOBBY R, BURGESS AS A PRO SE PETITIONER IN PRAYER THAT THE COURT WILL GRANT DEFENDANT FORTY FIVE DAYS TO FIND AN ATTORNEY TO REPRESENT HIM, DEFENDANT IS INCARCERATED IN A STATE PRISON, AND AS THE COURT IS AWARE, SUCH SITUATION IS AN IMPEDIMENT TO ANY LITIGATION. IN ADDITION DEFENDANT CONTRACTED SUGAR DIABETES. AND RECEIVES INSULIN SHOTS 3 TIMES A DAY. CERTAINLY THE PLAINTIFF WILL NOT BE PREJUDICED BY THE GRANTING OF PETITIONERS MOTION AND BRIEF FOR AND EXTENSION OF FORT`t FIVE DAYS TO SECURE AN ATTORNEY TO REPRESENT HIM. DATED a~ 6 5 RESPECTFULLY SUBMITTED BOBBY R. BURGESS P.O.BffX 256 Raute 6 WAYMART,PA.18472 0256 MAILED U.S.POSTAGE 1st.class, BY CERTIFICATE OF MAIL DC ADM 138 A a ~ -• ' ~ :-a - ~ ~:,,~: ~~~i-i'9 s L~( J ~r.i ~ ~ ~ # ~ 7> ~ ua =-~ ~~ ~.. -z ~~~ 6 C~ ,, .. - , xso- a~.v:~a .,r~:•a- +^ 4as,~g~asr ~+=r~ta,~:xvw~ ~R NANCY E. BURGESS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-4728 CIVIL TERM BOBBY R. BURGESS, :CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, CARL G. WASS, ESQUIRE, who being duly sworn according to law, states that he served a certified copy of the Complaint In Divorce and the 3301(d) Affidavit upon the Defendant pursuant to Pennsylvania Rule of Civil Procedure 1930.4 by mailing to the said Defendant at No. DY-3293, P. O. Box 256, Waymart, Pennsylvania, 18472-0256, by first class mail, postage prepaid, and by certified mail, restricted delivery, return receipt requested, said certified mail piece being No. 7099 3400 0012 4353 3508; that service of the foregoing was made on August 16, 2001; and that attached hereto and incorporated herein by reference is the return receipt, bearing the signature of the Defendant, acknowledging receipt of the aforementioned documents by the Defendant. Sworn to and subscribed before me this o2/s~day of /4yGV5T , 220~0~1~ Carl G. ass, Esquire Notary~ublic 2sss~ NaTntttaL~u. NANCY L. BRESIO. NOtmy Punic Harrisburg, Cotxay My Commission Meuoh 16, 2004 =..«M 7 ^ Complete itemsl, 2, and 3. Also complete item 4'rf Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, r on the front if space permits. t. Article Addressed to: $obby R. Burgess No. DY-32513 P. O. Hox,.256 Waymart, pA 18472-0256 ~. A. Received by (Please Print Clearly) C. Signature ^ Agent D. Is deliver~/address d'rfteren~$6m item 1? U Yes If YES, enter delivery address below: ^ No 3. ~S./erv"ice Type p.t.ertifietl Mail ,,^,,,//5cpress Mail ^ Registered /aReturn Receipt for Memhandise ^ Insured Mail ^ G.O.D. 2. Article Number (Copy from service label) 709 3400 0012 4353 3508 PS Form 3811, July 1999 Domestic Re[um Receipt 102ae5Ae-M-1]69 ~. ~-; z1 r;~ r, ~ ; ~` ~` U7 -, ~Li D G C; .. . ~ _._ ^Ct r r ~~'i_. f7 "~ "-3 U3 `' hit - _. ..<: _.. J ~-- : l . ~- ~' v u -~ cs1 K, NANCY E. BURGESS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4728 CIVIL TERM BOBBY R. BURGESS, CIVIL ACTION -LAW Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ~_ day of SzJa v v ~ , 200 ~, upon presentation of the attached Petition For Special Relief, a Rule thereon is issued to the Defendant to show cause why the relief requested in the Petition should not be granted. Rule returnable ~ CJ days after service. Service shall be made upon the Defendant r~ ~Czs by mail at his current mailing address set forth in paragraph 2 of the Petition. BY THE COURT: /'L 34086 ti:n~;in, ;s^,~~,,ar~ u~ra~ ~~r< -~~;~~,~;;~ i ~.,, ~ _ iJ..J.'~...~ L ..11-.'S Q '='.a~ NANCY E. BURGESS, Plaintiff v. BOBBY R. BURGESS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4728 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1920.43(al AND NOW, comes the Plaintiff in the above-captioned action in divorce, Nancy E. Burgess, by her attorney, Carl G. Wass, Esquire, and presents the following Petition for Special Relief Pursuant to Pa.R.C.P. 1920.43(a), and in support thereof avers the following: 1. The Petitioner is Nancy E. Burgess, Plaintiff in the within action in divorce, who currently resides at 1536 Grandview Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is Bobby R. Burgess, Defendant in the within action in divorce, who, though a legal resident of 1536 Grandview Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055, has, since on or about Apri127, 1999, been incarcerated and maintains a current mailing address/temporary residence designated: Bobby R. Burgess, No. DY- 3293, P.O. Box 256, Waymart, Pennsylvania 18472-0256. 3. Plaintiff caused to be filed a Complaint in Divorce entered to No. 01-4728, Civil Term on August 4, 2001. 4. Said Complaint in Divorce was served upon the Defendant on August 16, 2001, as more fully set forth in the Affidavit of Service filed in the within divorce docket. 5. Your Petitioner, through her attorney, has endeavored to confirm the identify and existence, as well as the value, of property which meets the standard of "marital property" under the Domestic Relations Code, and which is appropriate for purposes of equitable distribution as provided in the said Domestic Relations Code. 6. Specifically, Petitioner's attorney has communicated with Fidelity Investments for the purpose of securing information regarding an IRA account in the name of Bobby R. Burgess, known as Fidelity Mutual Fund IRA Account No. 0680790. 7. The attorney for Petitioner received a reply letter from the said Fidelity Investments reflecting that such "records will not be released without a court order." A copy of the aforementioned letter dated November 15, 2001 is attached hereto, identified as Exhibit "A", and incorporated herein by reference. 8. The attorney for Petitioner also communicated with the Harrisburg Office ofMorgan Stanley Dean Witter, requesting "identity, existence and value" information regarding the Morgan Stanley Dean Witter IRA Trust Account No. 410-00000000-004, maintained for and on behalf of Bobby R. Burgess. A copy of the correspondence of Plaintiff's attorney, dated October 2, 2001 is attached hereto, identified as Exhibit "B", and incorporated herein by reference. 2 9. Your Petitioner has been informed by her attorney that a telephone response to the October 2, 2001 letter was received by Petitioner's attorney in which it was related to him that the requested information "requires a court order for release". 10. Paragraph 5 of the Complaint filed in the within action avers that the Plaintiff and Defendant separated on or about Apri127, 1999, a period of time more than two years prior to the date of the filing of the instant Petition for Special Relief. 11. Plaintiff is entitled to a divorce pursuant to the "no-fault" provisions of Section 3301(d) of the Domestic Relations Code. 12. In addition to being entitled to a hearing upon, and thereafter, the issuance of a Decree in Divorce pursuant to Section 3301(d) ofthe Domestic Relations Code, your Petitioner is also entitled, simultaneously, to have a hearing upon the issues of equitable distribution (Count III) and alimony (Count IV) raised in the Complaint in Divorce. 13. Petitioner/Plaintiffcarmot file a request for the appointment of a Master to hear the issues raised as to the equitable distribution of marital property or the award ofpennanent alimony as to such time as your Petitioner/Plaintiff is able to identify and set forth the value of the property which is subject to the authority of your Honorable Court to enter an Order providing for equitable distribution. ~~. WHEREFORE, your Petitioner respectfully prays your Honorable Court enter an Order granting special relief to your Petitioner in the following form: (a) enter an Order directed to Fidelity Investments, 53 State Street, Mailzone G12A, Boston, Massachusetts 02109, directing that it provide to the attorney for Petitioner such information regarding the Fidelity Mutual Fund IRA account of Bobby R. Burgess, Account No. 06880790, as maybe necessary to establish the identity, existence and value of said account as an account available for purposes of equitable distribution, to wit: that the account was established or maintained during the period beginning with the marriage of the parties on September 13, 1959, and which ends with the date of this Petition; (b) enter an Order directed to Morgan Stanley Dean Witter, Strawberry Square, Fourth and Walnut Streets, Harrisburg, Pennsylvania 17101, directing that it provide to the attorney for Petitioner such information regarding the Morgan Stanley Dean Witter IRA Trust account of Bobby R. Burgess, Account No. 410-00000000-004, as may be necessary to establish the identity, existence and value of said account as an account available for purposes of equitable distribution, to wit: that the account was established or maintained during the period beginning with the mamage of the parties on September 13, 1959, and which ends with the date of this Petition; and 4 (c) such other relief as your Honorable Court deems fit and proper. Date: Je~u Z . -2-0-0 'Z 01-053/33576 Respectfully submitted, CALDWELL & KEARNS By Q Carl G. Wass, Esq e Attorney ID# 07268 3631 North Front Street Harrisburg, PA 17110 (717)232-7661 Attorney for Plaintiff, Nancy E. Burgess Fide~y ~ Mveslmenls• November 15, 2001 Caldwell & Kearns Attention: Carl G. Wass 3631 North Front Street Harrisburg, PA 17110-1533 Dear Mr. Wass: PO Box 500 Contra Way Merrimack, NH 03054-9894 I received your letter dated October 2, 2001, requesting account information for Bobby R Burgess, on behalf of your client Nancy E. Burgess. While I understand your predicament due to Mr. Burgess's situation, I am unable to provide account information without his consent. As I am not in a position to verify the details of your client's date of marriage or Pennsylvania law, the records will not be released without a court order. Please forward any court ordered requests to: Fidelity Investments 53 State Street, Mailzone G12A Boston, MA 02109 I hope this information is helpfid. If you have any further questions, please contact me at 800-854-2826, extension 7958. I will be happy to assist you. Sincerely, Linda Hoffman Senior Priority Service Specialist Our file: W03483-14NOV01 Fidelity Service Company, Inc. CALDWELL &KEARNS A PROFESSIONAL CORPORATION CARL G. WASS ATTORNEYS AT LAW JAMES R. CUPPINGER CHARLES J. DEHART. 111 ' 3631 NORTH FRONT STREET JAMES D. CAMPBELL. JR. - JAMES L. GOLDSMITH HARRISBURG. PENNSYLVANIA I]IIO-1533 STANLEY J.A. LASKOWSKI JEFFREY T. MCGURiE' - DOUGLAB K. MARSICO BRETT M. WOODBURN October 2, 2001 DOUGLAS E. HERMAN •ALSO A MEMBER OF NJ BAR Angela Camplese Account Representative Morgan Stanley Dean Witter Strawbeny Square Fourth and Walnut Streets Harrisburg, PA 17101 RE: Morgan Stanley Dean Witter IRA Trust Account Bobby R. Burgess Account No. 410-00000000-004 Dear Angela: OF COUNSEL THOMAS D. CALDWELL. JR. RICHARD L. KEARNS ]0-232-]881 FAX: ]I]-232.2]88 1ABflRR8C8MIWBIIIC8BfI1S.C0f11 I have a client named Nancy E. Burgess, on whose behalf I have filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County. Her husband is incarcerated in a State Penitentiary and, though he has been served with the Complaint in Divorce, he is being entirely uncooperative with regard to the disclosure of assets over which he has total control but which are marital assets under the Pennsylvania Divorce Code. Most respectfully, I request your assistance, if you can render your assistance in this instance. At the heading of this fetter is an account number of an IRA account which we are informed is'tided in the name of Bobby R. Burgess. I respectfully request that you attempt to confirm for me in written form the existence of that account, the correctness of the account number, and the most currently available value of that account. Thank you for any assistance you can provide in response to this request. Very truly yours, ~~ Carl G. Wass CALDWELL &KEARNS CGW:Ib cc: Nancy E. Burgess 30650/01-453 ~- Cf s _ ~`~' ~- ~ J n n i J . l ~J ~ VERIFICATION I, Nancy E. Burgess, verify that the averments in the foregoing Petition for Special Relief Pursuant to Pa.R.C.P. 192043(a) 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. By: ~~~~-t~~1~ ~ ~1~~ Nanc .Burgess NANCY E. BURGESS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW BOBBY R. BURGESS, Defendant NO.O1-4728 CIVIL TERM ORDER OF COURT AND NOW, this 2Ti' day of February, 2002, upon consideration of Plaintiff's Motion to Make Rule Absolute, the motion is granted, the Rule issued on January 9, 2002, is made absolute, and it is ordered and directed as follows: 1. Fidelity Investments, 53 State Street, Mailzone G128, Boston, Massachusetts, 02109, is authorized to provide to Carl G. Wass, Esq., such information as he requests regarding the Fidelity Mutual Fund IRA account of Bobby R. Burgess (account no. 06880790); and 2. Morgan Stanley Dean Witter, Strawberry Square, 4~' & Walnut Streets, Harrisburg, Pennsylvania 17101, is authorized to provide to Carl G. Wass, Esq., such information as he requests regarding the Morgan Stanley Dean Witter IRA Trust Account of Bobby R. Burgess (account no.410-00000000-004). 3. Defendant Bobby R. Burgess is enjoined from objecting to the aforesaid disclosures. 1Car1 G. Wass, Esq. 3631 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff y CoP'-es ~'.~lec~ _ al R 5 02-2g D BY THE COURT, VIN~fle-I1~SNN?d Ai~ItiC~ nhr?"1N,gb'E~l~ ~fs t~ ~a ~.~. ~~~ ~~ Bobby R. Burgess No. DY-3293 P.O. Box 256 Route 6, Carbondale Road Waymart, PA 18472-0256 Defendant, Pro Se :rc V NANCY E. BURGESS, Plaintiff v. BOBBY R. BURGESS Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA No. 01-4728 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ORDER AND NOW this day of 2002, upon motion of Cazl G. Wass, Esquire, Caldwell & Kearns, P.C., Attorney for Petitioner, the Rule to Show Cause heretofore issued on January 9, 2002 is made ABSOLUTE. IT IS HEREBY ORDERED that Fidelity Investments, 53 State Street, Mailzone G128, Boston, Massachusetts 02109 shall provide to Carl G. Wass, Esquire such information regarding the Fidelity Mutual Fund IRA account of Bobby R. Burgess, account number 06880790, as he may require, and, IT IS FURTHER ORDERED that Morgan Stanley Dean Witter, Strawberry Square, 4~' & Walnut Streets, Harrisburg, PA 17101 shall provide to Carl G. Wass, Esquire such information regarding the Morgan Stanley Dean Witter IRA Trust Account of Bobby R. Burgess, account number 410-00000000-004, as he may require. BY THE COURT: J. Wesley Oler, Jr. 01-453/36362 NANCY E. BURGESS, IN THE COURT OF COMMON Plaintiff PLEAS, CUMBERLAND COUNTY PENNSYLVANIA v. BOBBY R. BURGESS Defendant No. 01-4728 CNIL TERM CIVIL ACTION-LAW IN DNORCE MOTION TO MAKE RULE ABSOLUTE AND NOW this 21~~ day of 2002 comes Cazl G. Wass, Esquire, CALDWELL & KEARNS, P.C., Attorney for the Petitioner/Plaintiff i the above-captioned case and moves your Honorable Court to make absolute the Rule to Show Cause heretofore issued on January 9, 2002, and further avers that, pursuant to the aforementioned Rule to Show Cause, the undersigned did serve upon the Defendant, Bobby R. Burgess, a copy of the Rule to Show Cause dated January 9, 2002, together with an attached copy of the "Petition for Special Relief Pwsuant to PA.R.C.P. 1920.43 (a)", by mailing to the said Defendant, on January 14, 2002 said Rule to Show Cause and Petition at the current mailing address of the Defendant set forth in paragraph two of the said Petition. A copy of the January 14, 2002 letter of Carl G. Wass, Esquire to Bobby R. Burgess is attached to this Motion, identified as Exhibit "A", and incorporated herein by reference. BY: Ol.~..1 Carl G. Wass, Esqu Attorney LD. #07268 3631 North Front Street Harrisburg, PA 17110 (717)232-7661 Attorney for Petitioner/Plaintiff O1-453/36366 CALDWELL &KEARNS CARL G. WASS JAMES R. CLIPPIMGER CHARLES J. DENARY. III JAMES D. CAMPBELL. JR. JAMES L. GOLDSMITH STANLEY J.A. LA$KOWSKI JEFFREY T. McGVIRE• DOUGLAS K. MARSICO BRETT M. WOODSURN DOUGLAS E. HERMAN RAY J. MICMALOW9K1 •AL50 A MEMBER Of NJ EAR A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 1 7110-1 5 3 3 January 14, 2002 OF COUNSEL THOMAS D. CALD WELL, JR. RICHARD L. KEARNS ]I]-232-]661 FAX: ]1]-232-2]66 tllefiml@c2ldwellk~n~s.com Bobby R. Burgess No. DY-3293 P. O. Box 256 Route 6, Carbondale Road Waymart, PA 18472-0256 Re: Nancy E. Burgess v. Bobby R Burgess Cumberland Connty Common Pleas No. 01-4728 Cavil Term Deaz Mr. Burgess: As required by the enclosed Court Order ("Rule to Show Cause', I am sending to you, by first class mail, a copy of that "Rule to Show Cause", together with the Petition for Special Relief which is appended to the "Rule". Very truly yours, QL.I~. Cazl G. Wass CALDWELL &KEARNS CGW/cl Enclosure 01-453/34641 ~. -:, _ ,t r-~. -~'.: _ -::.i ` r ~~E-_ =~' ~~ ~~, C >' ., 'J~ w~ttRQicgF~ ,.;.:,~ypv.a~s'A~mW:eHtn%ry~+!wur~~~,.- _~ z NANCY E. BURGESS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW BOBBY R. BURGESS, Defendant NO.O1-4728 CIVIL TERM ORDER OF COURT AND NOW, this 16`t' day of September, 2005, upon consideration of Defendant's "Motion and Brief for Expansion of Time To Hire an Attorney, As Is the Defendants Constitutional Right To Legal Representation" (filed July 21, 2005), and of Defendant's "Motion and Brief to the August Judge Wesley Oler Jr. for Opinion and Order Regarding the July 21, 2005 Filed Motion" (filed September 11, 2005), and it appearing that the earlier motion was not forwarded to a judge for action but that in any event a period in excess of the 45 days requested by Defendant within which to retain private counsel has elapsed without prejudice to Defendant, the motion is deemed moot and the file is returned to the Divorce Master for further proceedings, including disposition of any requests by Defendant for discovery prior to the master's hearing. BY THE COURT, ~. Robert Elicker, Esq. ~ Fi ~'e Divorce Master C~ o~ b~ ~ _. R ~/~f~.~~.~i~~rJ'~V" 1:7 a hl'~r b.l"~, ZO ~& t~a'~ QZ d3S SOOZ d~1GNUH1Ut.~d ~Hi ~0 ~~~-?~-Q~7I3 . ti Carl G. Wass, Esq. 3631 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Bobby R. Burgess No. DY-3293 P.O. Box 256 Route 6, Carbondale Road Waymart, PA 18472-0256 Defendant, Pro Se :rc ~~ NANCY E. BURGESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW IN DIVORCE BOBBY R. BURGESS, Defendant No. 01-4728 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this 25`" day October 2005, upon presentation of the Defendant's motion to appoint a guardian and stay the proceedings, a Rule is issued to the Plaintiff to show cause why the relief requested in the Motion should not be granted. Rule returnable within 10 days of service. Proceedings are stayed pending further order of court. E. ert Elicker, II, Esq. ivorce Master Joseph D. Caraciolo, Esq. The Law Offices of Patrick F. Lauer, Jr. 2108 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Nancy E. Burgess Bobby R. Burgess No. DY-3293 P.O. Box 256 Route 6, Carbondale Road Waymart, PA 18472-0256 Defendant, Pro Se BY THE COURT, Pr0~On0"~or~ ct. ~s nc,~ couRTHOUSE ONE COURTHOUSE SQUARE 17013 DEAR CLERK LEBO: ~anc ~ ~1 vb ~c~~~ BUR~ESS YS. BURGESS PCT 2 ~) Z005 NO. 1 4728 CIVIL TERM ~ BY:~_ BEFORE THE A6UST JUDGE 6dESLEY OLE J . DATED~~1 _,,,~~ °~` ~ ~~ ENCLOSED PLEASE FIND MY THREE GOPIES OF A MOTION FOR A GUARDIAN TO BE APPOINTED TO REPRESENT M1f INTERESTS. PLEASE-MAY I HAVE AN UP TO DATE DOCKET STATEMENT OF MY GASE. THANK YOU FOR ANY AND ALl CONSIDERATION GIVEN MY PRO SE PURSUIT OF FAIR ADD EQUITABLE ACCESS TO THE PENNSYLVANIA COURT PROCESS.. MAY GOD BLESS YOU ALL. PLEASE TII~ STAPIp AND RETURN ONE COPY TO BOEDY BURGESS USE SUPPLIER POSTAGE PAID SEIP ADDRESSED ENVELOPE FOR RETURN. YOURS TRULY ,~ ~~a~~ BOBBY URGESS AND BEST FRIEND IN THE COURT OF CDN PLEAS fOR CUMBERLAND COUNTY PENNSYLVANIA asa~saaescacnsac~nzccax=sacceeoc.cacs~~omc~csom~sseo~xoaa:~-oaco._ NANCY E. BURGESS NO.t 4728 Civil Term PLAINTIFF THE AUGUST JUDGE WESLEY OIER JR. p VS. " !! BOBBY R. BURGESS " DEFENDANT " M A R'K:tION AND BRIEF MOTION FOR AN BY DEFENDANT'S GUARDIAN IN ACCORDANCE AND CCIMPLIANCE 1IITN PA. RULES OF CIVIL PROCEDURE Pule 2051 "INCAPACITATED PERSON" MEANS AN ADULT WHOSE ABILITY TO RECEIVE AND I N F Y N (~! - ANYWAY I ,IMPA~,RED j0 SUGH A SI~IFICANT EXTEN~HAT THIz,~ERSON I5 PARTIA{~~Y OR TOTALLY UNABLE TO MANAGE FINANCIAL.RES~~ OR TD MEET THE ES5ENTIAf~RE6iUIREMENTS FQR PHYSICAL. HEAt.Ti{ .ARID: SAFETY AMD IS "CONFINED" !{FANS LEGALLY OMMITTED OR Y~.UNTARILY OR ~~~;~~~ RESTRAINED BE~AUSE,~F INCAPACITY.. AS DEFINED AY PA.RULES OF CIVIL RROCEDURE RULE 2053 GUARDIAN TO REPRESENT INCAPACITATED PERSON.C b) A DEF E~iA~T WHQ I S AN INCAPACITATED PERSON SHALL. BE REPRESENTED BY A GUARD IAN. tHE GUARDIA j+j SHALL , SUPERVISE A~F1_ C ONTRQL THE. CONDUCT OF THE ACTI ON. IN THE DEFENDANTS B HA F THE ACTION RCNOMN AS BURGESS VS. BURGESS MUST BE STAYED IN COMPLIANCE WITH PA. RULE OF CIVIL PROCEDURE RULE 20560 a ) ( 2 STAY ALL PROCEEDINGS, PENDING APPOINTMENT OF THE GUARDIAN 1CNO1iN AS AMICUS HUMANI GENERIS A.K.A. Mv.`4RALSN. r..acaaa=~axa~sx~xe=xesaxov==avccomee==~oex=ae.aCma~s_acxce..acec t DEFENDANT BURGESS IS AR INSULIN DEPENDENT PERSON NNO RECEIVES NUMEROUS INSULIR INJECTIONS DAILY AND IS SUBJECT TO ATTACKS OF DIABETIC KETOACIHOSIS, HYPOGLYCEMIC COMA, AND NYPEROSMOLAR COMA. NAYMART S.C.I. IS A TREATMENT PROGRAM CENTER FOR THE CRIMINALLY INSANE. THE MENTALLY INCAPACITATED, AND MENTALLY DISTURBED, AND 1`NE PROGRAM DIRECTED BY NAYMAR7 MENTAL PHYSICIANS. AND COUNSELORS.. BOBBY BURGESS IS UNABLE TO PARTICIPATE IN NIS RECOMMENDED PROGRAM CAUSED BY NIS CONFUSED STATE OF MIND BROUGHT ON BY NIS DIABETIC DISABILITY. NNEREFOR&: DEFENHANT BOBBY BURGESS'S INCAPACITATION AS DESCRIBED IN THE AFOREMENTIONED TEXT. REQUIRES THE COURTS AFFIRMATION TQ. i.....TNE'PETITIONER J.NALSN PRAYS THE COURT-HILL CONFIRM NIM AS GUARDIAN FOR THE IlEFENDANT YN THE INSTANT ACTION. 2.....TNE COURT HILL STAY PROCEEHINGS IN THE. INSTANT ACTION TO ALLON THE GUARDIAN J.NALSN TO BECOME FAMILIAR NITN THE DETAILS OF THE LEGAL COURSE OF ACTION BEAN; BROUGHT AGAINST BOBBY BURGESS. AND DEFENDANTS FINANCIAL ASSETS. AND TO SUPPLY THE COURT NITN. MOTIONS FOR A CERTIFIED PUBLIC ACCOUNTANT TO BE APPOINTED. A MOTION TO NAVE A CERTIFIED PROPERTY APPRAISER APPOINTEE BY THE COURT. TO NAVE AN INDEPENDENT DOCTOR EXAMINE BOBBY BURGESS, TO DETERMINE NON MUCH MEDICAL TREATMENT NE HILL REQUIRE NNEN RELEASED BACK INTO SOCIETY. IN ORDER FOR THE COURT TO DETERMINE NON MUCH OF BOBBY BURGESS ASSETS SHOULD BE ENTRUSTED TO THE COURT TO ASSURE NIS MEDICAL NEEDS ARE MET NNEN NE IS SENT BACK TO NNAT IS LEFT OF NIS FREE LIFE. 2 RESPECTFULLY SUBMITTED CERTIFICATE flF SERVICE ~~1- I BOBBY BURGESS HEREBY CERTIFY TWAT ON tHIS DATE ~`V~ 3r ~~~ SERVED A TRUE AND CORRECT COPY OF THE ABOVE MOTION i0 THE COURT. AND WASS ESQ., 2105. MARKET STREET AZTEC BUILDING, CAMP HILL, PA. 17011° 4706 ~~~~ ~~~~ BOBBY BURGESS BY BEST FRIEND VERIFICATION I, THE UNDERSIGNED, VERIFY THAT THE ABOVE STATEMENTS ARE TRUE AND CORRECT AND THAT ANY FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO 18 PA. C.S.A. 4904 RELATING TO FALSIFICATION TO AUTHORITIES. DATED ~~1 ~ J a ~ ~ BOBBY BURGESS BOBBY BUR6E$S P.O.BOX 25S R00TE 6, NAYMART, PA. 18472 0256 3 ~~.~~ ., NANCY E. BURGESS, Plaintiff v. BOBBY R. BURGESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW 1N DIVORCE No. 01-4728 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this 25a' day October 2005, upon presentation of the Defendant's motion to appoint a guardian and stay the proceedings, a Rule is issued to the Plaintiff to show cause why the relief requested in the Motion should not be granted. Rule returnable within 10 days of service. Proceedings are stayed pending further order of court. Robert Elicker, II, Esq.~~,~~~ Divorce Master i' ~Ia~eph D. Caraciolo, Esq. The Law Offices of Patrick F. Lauer, Jr. 2108 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Nancy E. Burgess ~bby R. Burgess No. DY-3293 P.o. BoX z56 Route 6, Carbondale Road Waymart, PA 18472-0256 Defendant, Pro Se ~~~ ,o BY THE COURT, ~,_ ~.~ .:, ,~, ~~r~t;~.'t,. ~t, - -,,,~ ,_ -~a~l _~ ~~ ~~ ,. Pro~ho no ~r~/ ur+~s~4nc,~ nl. aatw ~e ~ ~t1A ((JJ }i~19'fYF~QET COURTHOUSE ONE COURTHOUSE SQUARE 17013 DEAR CLERK LEBO: IU0.n E ~Ob ~ CEIVEI~ BUR6E~ VS. BURGESS Nb.~1,4728 CIVIL TERN ocT ~ o tuo5 i BEFORE THE A6UST JUDGE WESL_ Y~ ~~" i BATED ©~, ~ ,a` d o~ ENCLOSED PLEASE FIND NiY THREE COPIES OF A P10TION FOR A GUARDIAN Tb BE APPOINTED Tb REPRESENT INTERESTS. PLEASE-lNAY I HAYS AN UP Tb DATE DOCKET STATEMENT OF MY CASE. THANK YOU FOR ANY AND All CONSIDERATION GIVEN MY PRO SE PURSUIT OF FAIR AND EQUITABLE ACCESS TO THE PENNSYLVANIA COURT PROCESS.. P1AY 60D BLESS YOU ALI. PLEASE TIlIE STAND AMD RBTUNN ONE COPY Tb BbB13Y DIIREESS USE SUPPLIED P4STA6E PAID SELF ADDRESSED ENYELbPE FQR RE1UA'N. YOURS TRULY BOBBY SS AND BESt FRI IN THE COURT OF COI~H}N PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA ==a.aam~aeaxasaceos ~cm3=ac.ca~ac=aacsae o.xo=csca~e==o~so~e~ae:~v NANCY E. BURGESS " Nb.l 4728 Civil Tern PLAINTIFF THE AUGUST JUDGE WESLEY bLER JR. " V$. " N BOBBY R. BURGESS " DEFENDANT " MOTION AND BRIEF MOTION FOR AN BY DEFENDANT'S GUARDIAN IN ACCORDANCE AND COMPLIANCE aIT}i PA. RULES OF CIVIL PROCEDURE rule 2051 'INCAPACITATED PERSON" MANS AN ADULT WHOSE ABILITY TO REC. IYE AND EYALtj~,~ ~,~}„P„bRMATIbN EF~BCTIVELY AND Cbi~IUNICATE 11ECISIONS IN ANYWAY IS I4RPAIRED jO SUC}~A,~I~NIFYCANi EXTENT THAj T~;iE PERSON. ,~ PAR,jI~t.Y OR ~OTA~,,Y UNABLE TO MANAGE FINANCIA', R~SQtL ES bR TO ~tEE'~T}1£ ESSE(~jAL REOUIREi~ENTS FOR PWYSIGAi. HEALTi1 AND SAFETY AND IS "CONFINEQ". PIEANS LEGALLY CO0D42TTED OR ViD.UNTARIL~,,Q~ INVOLU~ILY RESTRAB BECAUSE dF INCAPACITY. AS REFIRED BT PA.RUIES OF CIVIL PROCEHI}RE RULE 2053 GUARDIAN TO REPRESENT INCAPACITATED PERSON.(it ) A DEFEI~RANT WHO IS AN INfAPA I'~ATED PERSON SHALL BE REPRESENTED ~ A GUARDIAN, THE GUARDIAN SHALL SUPERVISE AND GONTRbL THE. CONDUCT Of THE A~TIbN IN THE DEFENDANTS 8 HA F THE ACTION KNOMN AS BURGESS VS. BURGESS MUST BE STAYED IN COMPLIANCE KITH PA. RULE OF CIVIL PROCEDURE RULE 2056(a } (2 } STAY ALL PROCEEDINGS. PENDING APPOINTMENT OF THE GUARDIAN KNOMN AS AMICUS HUMANY 6ENERIS A.K.A. Ma:NALSH. 1 DEFENDANT BURGESS IS AN INSULIN DEPENDENT PERSON WHO RECEIVES NUMEROUS INSULIN INJECTIONS DAILY AND IS SUBJECT TO ATTACKS OF DIABETIC KNTOACIDOSIS, HYPOGLYCEMIC COMA, AND HYPEROSMOLAR COMA. WAYMART S.C.I. IS A TREATMENT PROGRAM CENTER FOR THE CRIMINALLY INSlINE. THE MENTALLY INCAPACITATED, AND MENTALLY DISTURBED, AND THE PROGRAM DIRECTED-BY WAYMART MENTAL PHYSICIANS. AND COUNSELORS.. BOBBY BUi;<6ESS IS UNABLE TO PARTICIPATE IR HIS RECOi1MENDED PROGRJIM CAUSED BY HIS CONFUSED STATE OF RIND BROUGHT ON BY HIS DiABE-TIC DISABILITY. WHEREFORE: DEFENDANT BOBBY BURGESS'S INCAPACITATION AS DESCRIBED IN THE A~OREFIENTIONED TEXT, REQUIRES THE COURTS AFFIRMATION TO. 1.....THE PETITIONER J.WALSH PRAYS THE COURT kiln CONFIRM HIlI AS GUARDIAN FOR THE pEFENDANT IN THE INSTANT-ACTION. 2.....THE COURT WILL STAY PROCEEDINGS IN THE INSTANT ACTION TO ALLOW THE GUARDIAN J.NALSH TO BECOME FAMILIAR KITH THE DETAILS OF THE LEGAL COURSE OF ACTION BEING BROUGHT AGAINST BOBBY BURGESS, AND DEFENDANTS FINANCIAL ASSETS. AND TO SUPPLY THE COURT WI1H, MOTIONS FOR A CERTIFIED PUBLIC ACCOUNTANT TO BE APPOINTED, A MOTION TO HAVE A CERTIFIED PROPERTY APPRAISER APPOINTEE BY THE COURT, TO HAVE AN INDEPENDENT DOCTOR EXAMINE B©BBY BURGESS, TO DETERMINE HOW MUCH MEDICAL TREATMENT HE WILL RE®UIRE WHEN RELEASED SACK INTO SOCIETY, IN ORDER FOR THE COURT TO DETERMINE HOW MUCH OF BOBBY BURGESS ASSETS SHOULD BE ENTRUSTED TO THE COURT TO ASSURE HIS MEDICAL NEEDS ARE MET WHEN HE IS SENt BACK TO WHAT IS LEFT OF HIS FREE LIFE. z RESPECTFULLY SUBl1ITTEB CERTIFICATE OF SERVICE i BOBBY BUR~GfSS HEREBY CfRTiFY THAT ON THIS DATE Q~/' '3r ~~~ SERVED A TRUE AhD CORRECT-COPY OF THE ABOVE MOTION TQ THE COURT. A!!D WASS ESQ.. 2105. MARKET STREET AZTEC BUILDING, CAMP Hii.L, PA. 17011° 4706 B~BY'BURGf_Z~~- BY BEST FRif[ID VERIFICATION i, THE UNDfRSIGRfD, VERIFY THAT THE ABOVE STATEMENTS ARf TRUE A{iD CQRRECT AND THAT ANY fALSf STATEMENTS HEREIN ARE MADE SUBJECT TO 15 PA, C.S..A. 4904 RELATING TO FALSIFICATION TO AUTHORITIES. DATER ~fi1 ~ ~ o~~~ BOBBY BURGESS BOBBY NilR6ESS P.O.BOX 256 ROUTE 6. WAYMART, PA. 18473 0256 ===~a~~=_________________________________________________~_______ 3 NANCY E. BURGESS, Plaintiff vs. BOB$Y R. BURGESS Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4728 Civil CIVIL ACTION -LAW IN DIVORCE Kindly withdraw the divorce complaint that was filed on August 9, 2001, in the above captioned case. Jo p D. CaracidYo, Esquire 2 8 arket Street, Aztec Building p Hill, Pennsylvania 17011-4706 Date; 1) t ~ h~ ~~~~~~ # 90919 Tel. (717) 763-1800 ;, `°' ~ `~ ~- `^ ~ - ..~ r,~ ~.. -1 ,__, ~Eii== t' ^i_.F~ _ _ ..__ ~..~ , l 4„ ` ` `~ r F ` y ~'f '~ >. -6CJ ~ . + = _•• ~ ~ . ~; yY 8~ 5~...~ ~:~~no-npv~aik~zF~Ffi!4;' ... ..