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HomeMy WebLinkAbout01-050121N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. ^- = NANCY M. BURNS, N O. 01-5012-Civil Term VERSUS Ra9$U~'~'~J nrr DEGREE IN DIVORCE AND NOW, IT IS ORDERED AND Nancy M. Burns DECREED THAT , PLAINTIFF, ANp $obert J. Burns , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; J 1j 1,/M~ ~ The parties' Separation and Property Settlement Agreement dated July 8, 2004, is incorporated herein, but not merged. -~ /~ BY THE~COURT: ATTEST: v- ~, ~ J. PROTHONOTARY ~~ ~ ~, ~'~ ~"aJ .ho- F' ~ b ~~ ~~ .~ . SEPARATION AND PROPERTY SETTLEMENT AGREEMENT TH1S AGREEMENT made this ~ day of lit, ~ , 2004, by and between ROBERT J. BURNS, of 34 Rocky Ridge Road, Dillsburg, Pennsylvania, 17019, party of the first part, hereinafter referred to as "Husband," AND NANCY M. BURNS, of 205 C Mulberry Drive, Mechanicsburg, Pennsylvania, 17050, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on January 12, 1980, in Caudersport, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all fmancial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the --Page 1 of 16-- resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- --Page 2 of 16-- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall --Page 3 of 16-- be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III E'OUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each parry for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. --Page 4 of 16-- 3.3 Personal Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, furniture, appliances, guns, and other personal property, tangible and intangible, in their possession that they wish to have and retain from this time party. Neither party shall make any claims whatsoever against the personal property in the other parties' possession or assets in that other parties' possession from the time of execution of this Agreement forward. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, an exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 3.5 Subsequently Acquired Proaerty. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. --Page 5 of 16-- 3.6 Real Estate. The parties are the joint owners of real estate located at 34 Rocky Ridge Road, Dillsburg, Pennsylvania. This property is currently encumbered with a first mortgage due and owing to GMAC and a second mortgage due and owing to Ditech. Wife agrees to execute a Deed conveying all of her right, title, and interest in the aforesaid real estate to Husband by fee simple warranty deed within fifteen (15) days of being requested to do so by Husband or Husband's legal counsel. Wife's counsel shall hold the signed deed in escrow until such time as Husband refmances the mortgages encumbering the property, thereby removing Wife's name as a responsible party. Wife's counsel shall release the deed to Husband or Husband's legal counsel so that it may be recorded contemporaneously with Husband's refinancing. Wife shall then make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate from the date of execution and delivery of the Deed forward. Husband shall be solely and exclusively responsible for making payment of the aforesaid mortgages due and owing to GMAC Mortgage Company and Ditech Company and shall make each such monthly payment due hereunder when and as payments are due including any and all interest rate charges and the like. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of the aforesaid mortgages from the date of signing and delivery of the aforesaid Deed. In addition, Husband must file for a refmancing of the said mortgages with GMAC Mortgage Company or another legitimate financial institution within three (3) months of execution of this Agreement by Husband. In the event that Husband's request for refinancing is denied, Husband is obligated to file an application for refinancing on the aforesaid mortgages --Page 6 of 16-- one (1) year from the date of execution of this Agreement by Husband and every one (1) year thereafter until such time that a refinancing has taken place. IN addition, in the event Husband fails to make payment on the mortgages in a timely manner and receives notice of default from the mortgage companies, the parties shall list the home for sale, to be sold at its fair market value, as determined by a realtor of Husband's choosing. Husband shall retain all proceeds from sale. Until such time as Husband's refinancing of the aforesaid mortgage, he shall be solely and exclusively responsible for making any and all payments and meeting any and all fmancial commitments due and owing on the aforesaid mortgages. 3.7 Pension, Retirement, Profit-Sharing. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's 401(k) through her employment at Pinnacle Health. Husband hereby waives, relinquishes and transfers any and all right, title and interest he has in this retirement account, as well as any other accounts that Wife may have in her individual name or may have secured through her present or prior employment. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband's pension through his employment at Pinnacle Health. Wife hereby waives, relinquishes and transfers any and all right, title and' interest she has in any present retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. The parties acknowledge that Husband has an interest in an IRA account held at American Express. The parties agree that Wife will receive FIFTY (50%) PERCENT of the total funds held in this account at the time this Agreement is signed. Counsel for Husband shall --Page 7 of 16-- prepare a Qualified Domestic Relations Order or other necessary documents to transfer the aforesaid percentage to an account in Wife's name individually within fifteen (15) days of execution of this Agreement. 3.8 Vehicles. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 1994 Mirada, 21 foot, 5 liter, I/O boat, and a Coleman popup camper, both of which were originally titled in the parties' names jointly and which boat is encumbered with a loan requiring monthly payments. Wife shall execute the title of this boat and camper within fifteen (15) days of being requested to do so by Husband or Husband's legal counsel to Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid boat and camper and shall make no ownership claims of any nature whatsoever to the aforesaid boat and camper from the date of execution of this Agreement forward. Husband shall maintain sole and exclusive responsibility for repayment of any and all sums due on the aforesaid encumbrances and shall indemnify Wife and hold her harmless from any collection acfivities of any nature whatsoever relative to the repayment of the aforesaid encumbrances due and owing on the aforesaid boat. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 2004 Saturn Ion vehicle, which is currently titled in Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. --Page 8 of 16-- 3.9 Intangible Personal Property. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (IS} days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. ARTICLE IV DEBTS OF THE PARTIES 4.1 The parties acknowledge that at the time of separation they had outstanding debts or liabilities due and owing to a Sears, Boscovs, and JCPenny's accounts. At the time of separation, Wife retained sole and exclusive responsibility and obligation for the repayment of the aforesaid debts. Husband and Wife maintain that there are no other outstanding joint or marital debts or liabilities due and owing on any other account. Furthermore, Wife has maintained that she has made full payment on these specific aforesaid debts. In the event it is discovered that Wife has not made full payment on the aforesaid debts or other outstanding debts or liabilities exist then Wife shall retain sole and exclusive responsibility and obligation for the repayments of the debts. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid debts. --Page 9 of 16-- 4.2 Each party represents to the other that except as is otherwise set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties; that since the separation rieither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. 5.1 The parties herein agree that they have each secured and maintained substantial and adequate funds with which to provide themselves with sufficient resources to provide for their own comfort, maintenance and support in the station in which they are accustomed. Husband and Wife do hereby waive, release and give up any rights they may have respectably against the other for alimony, alimony pendente lite, spousal support and maintenance except as otherwise provided for herein. 5.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties aclmowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have --Page 10 of 16-- been fully informed as to their legal rights an obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever --Page 11 of 16-- ~ ..- nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Bankruntcy. The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, all financial obligations assumed under Paragraph 3.6, 3.8 and 4.1 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other party provided for in Paragraph 6.14 hereinafter shall be available to the party not filing bankruptcy. 6.4 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party maybe responsible or liable, except as maybe provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, --Page 12 of 16-- and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafrer incur any liability whatsoever for which the estate of the other maybe liable. 6.5 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.6 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. --Page 13 of 16-- 6.10 Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of properly, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.12 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.13 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the --Page 14 of 16-- parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with. litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~.,~,s, ~7YE~ Zd ate OBERT J. URNS ! ~- ~ D o- ~~ ~ Date A 'Y M. ' S --Page 15 of 16-- WITNESSED BY: ~ ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF fi/f'I~RE/LL/-M~I~ On this U day of ~vL~ , 2004, before me, the undersigned officer, personally appeared ROBERT J. BURNS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~y~~2~.a,,.~ ,- ` ~: ~, ~:A,ro On this 9 day of T~~y , 2004, before me, the undersigned officer, personally appeared NANCYM. BURNS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Pu lic --Page 16 of 16-- ~.,~. ~~ I.... ....~... .... .. __ c-~macwcs;.e:i~.,,: ~ ~.. K:..,=w st :.,.:r.~zr r~€:na~:ckti "~. ,. '~~; _,. NANCY M. BURNS, Plaintiff v. ROBERTJ.BURNS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5012 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 §3301(c) zznvavi~ ,.v«we ru.,,._,.e r,.ae (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Acceptance of Service by Defendant on or about August 5, 2004. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: August 2, 2004 by Defendant: July 17, 2004 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Contemporaneously with filing this Praecipe to Transmit Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: August 5, 2004 ~~atas~ire GRIFFIE & ASSOCIATES Attorney for Defendant ~ rV ro ~-; ~.~ .Ca r ~~ J i'i 1 ='::' ~ __r_lfi'i .h" '_Y ~~~ ~. `, 7 P~~ _r ~ .. '~, ~. - 4^w~~*.=.. ... ~ .:8 _ -.~ -..~ ,.r ~-;tys. .~. ~`aa1'C15:z,,7W hs J NANCY M. BURNS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. ROBERT J. BURNS Defendant CIVIL ACTION - LAW DIVORCE NOTICE YOU HAVE BEEN SUID~ IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, includig 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 Court Administrator, 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 717.240.6200 ~. ' NANCY M. BURNS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COnnUN__T``Y, PENNA. v . NO . v ~ - ~D /,L C.cu~.l Ti,... ROBERT J. BURNS CIVIL ACTION - LAW Defendant DIVORCE COMPLAINT AND NOW, comes Plaintiff, Nancy M. Burns, by and through her attorney, James W. Abraham, Esquire, Abraham Law Offices, Harrisburg, Pennsylvania, and files the following: COUNT I DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff, Nancy M. Burns, is an adult individual who resides at 910 Sterling Court, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant, Robert J. Burns, is an adult individual who resides at 34 Rocky Ridge Road, Dillsburg, Pennsylvania, 17019. Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on January 12, 1980 in Coudersport, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. ;a,~„, . f 7. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are not members of the Armed Forces of the United States. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce dissolving the marriage. COUNT II - INDIGNITIES 9. Defendant has caused such indignities against Plaintiff which has made life burdensome and intolerable for Plaintiff, the innocent and injured spouse. Plaintiff requests Your Honorable Court to enter a decree in divorce dissolving the marriage. Respectfully submitted: James W. Abraham, Esq. Abraham Law Offices 513 North Second St. Harrisburg, PA 17101 (717) 232-7825 Attorney for Plaintiff DATE: 8/28/01 VERIFICATION I , ~ ~~1 G`~ VV 1 ~ -l~Cl ~-~ ~ the undersigned, hereby verify and confirm that I have reviewed the foregoing document and the statements therein are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE : ~ ~ C~ ,~ 1 ~ CERTIFICATE OF SERVICE I, James W. Abraha~ti, Esquire, the undersigned, do hereby certify that I have served a true and correct copy of the foregoing document, by certified mail, on the date indicated below, to the following person(s): Robert J. Burns 34 Rocky Ridge Road Dillsburg, PA 17019 ~' DATE: 8/28/01 James W. Abraham, Esquire c7 r_ -c,'~ r` `~r;~ , ~' c~ _. iJ ~-- ~ EY ~•~ -. -. vi V~ ~~ ._'~, r'. s ~ ~ ,t '° _; r„~ ~1 D U d NANCY M. BURNS, Plaintiff v. ROBERTJ.BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5012 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on August 28, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days 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 THE FOREGOING 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. DATE: ~I~Jb~ NANO M. B ,Plaintiff _ - C_( ' _ ~ i ~i _t ~..,' ,~~ ~ .: '`r ~S .~~~ 3 NANCY M. BURNS, Plaintiff v. ROBERT J. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5012 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on August 28, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days 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. T VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. //~ ~~/ DATE: ~~ ~]- / ~ " ~~ ~d~"~et~50~~(~~ .~n--~. ROB RT J. BiTij endant ~a c.7 ~ ` - c~ i -ry;, "'~ _iy..n ~ (: ~-i c, "tit--~--° g ~ ~ t~ 1 ? ~= - ~~ ~. - `j i'`"t - r~~h(; .r _ c i"~.1 - - C<: ~5~ NANCY M. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW ROBERT J. BURNS, NO, 01-5012 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTI(.IN-T0~2EOUE~ SHE ENTRY OF A DIVORCE DECREE iJNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT 'IO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 0 oZ ~L ~ ,~ NANCY M. ,Plaintiff ..> c:. .,.. _w k; _ ~ l 1 ~-~. ?~I~~ ~ ~~~ ~ ~~ ~~ =~ : _,; wv. l y. , r.> ~s ~` NANCY M. BURNS, Plaintiff v. ROBERTJ.BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5012 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER ~3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of properly, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. DATE: (J 7 - (~ ` ~ RO ERT J. S, Defendant N tom' ~ ~ T C. ..( Ces ~4d+ 'i~~~ g ' ~ ' . -4 (. ,, r ':~ ~) `°7 ~. CrJ ~~ NANCY M. BURNS, Plaintiff v. ROBERT J. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5012 CIVIL TERM 1N DIVORCE ACCEPTANCE OF SERVICE I, Robert J. Burns, acknowledge that I received a copy of Plaintiff's Complaint in Divorce in the above captioned action on or about August 30, 2001. Date: 6 -1- ~ ~ - CJ `~. n o ~ c: C.> *' . ~ (~«~. 1'I ~j', 1 ~{~~ ~} "'- _a4,~~ _ t > v~' .., "w--ii 5~i :n _ ~~ -,. r:° ~_,\ ~~a