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Home My WebLink About99-05407v 1f 0 7V 1 qu 9 1 t I II 'i IN THE COURT OF COMMON PLEAS E OF CUMBERLAND COUNTY STATE OF PENNA. KATHI L. BURKHOLDER, Plaintiff \t t, 99-5407 19 Versus ..MICHAEL A..BURKHOLDER,_ - Defendant DECREE IN DI VORCE "' 000 AND NOW, ..? 4 rv.vj- Z3? ......... , >a ...... , it is ordered and decreed that ......... KATHI..L.. BURKHOLDER ................... plaintiff, and .................. MI!?AAEL. A.. BURKHOLDER............... defendant, are divorced from the bonds of matrimony. i! i i 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; NONE ........................................................................... :+1?.W1..W.., By The CVu?rt: Attest: I Prothonotary s i ii i ?S i ?JyID l'? ?saa?!e? Z Cl4 Lr1eA V KATHI L. BURKHOLDER, Plaintiff VS. MICHAEL A. BURKHOLDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 99_5407 CIVIL TERM PRAhCIPE 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 53301(c) AjtRXKd)=0 of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: 9/27/99 -._ H Sher'ff Department of Wavne County _ 3. Complete either paragraph (a) or (b). (a) Datp_ of execution of the affidavit of consent required by S3301(c) of the Divorce Code: by plaintiff 1/30/00 by defendant 1/90/00 (b)(1) Date of execution of the affidavit required by 53301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: 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 Plaintiff's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: 2/4/00 Date defendant's Waiver of Notice in 53301(c) Divorce was filed with the Prothonotary: _ 1/31/00 Attorney for (Plaintiff)f*g*XS}fflW :f] i.? r: 1' .? n_ KATHI L. BURKHOLDER, PLAINTIFF V. MICHAEL A. BURKHOLDER, DEFENDANT : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99- .S'410 7 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 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 visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, I Courthouse Square, First Floor, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone(717)249-3166 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 accomodations available for disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. KATHI L. BURKHOLDER, PLAINTIFF V. MICHAEL A. BURKHOLDER, DEFENDANT : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99- --?r 9ru'7 CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE COUNTI GROUNDS FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) or 3301(d) OF DIVORCE CODE 1. Plaintiff is KATHI L. BURKHOLDER, who currently resides at 36 Country View Estates, Newville, Cumberland County, Pennsylvania, 17241, since September 1997. 2. Defendant is MICHAEL A. BURKHOLDER, who currently resides at The State Correctional Institution, Camp Hill, Cumberland County, Pennsylvania, 17011, since January 1999. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant are citizens of the United States of America. 5. The Plaintiff and Defendant were married on July 13, 1991 in Newburg, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 9. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the C f 194 and its amendments. ongress o 0 10. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests that your Honorable Court grant a Decree in Divorce to her, also any other appropriate relief. COUNT 11 GROUNDS FOR DIVORCE UNDER SECTION 3301(a)(3) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Defendant has directed cruel and barbarous treatment at Plaintiff, which has endangered the life or health of the injured and innocent Plaintiff. WHEREFORE, Plaintiff respectfully requests that the Court grant her a decree in divorce. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTIONS 3104 AND 3502(x) OF THE DIVORCE CODE 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto 14. Plaintiff and Defendant have acquired personal property during their marriage from the date of said marriage until the date of their separation. 15. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. 16. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully request the Court to equitably distribute the marital property of the parties and equitably apportion their debts pursuant to 3104 and 3502(a) of the Divorce Code. 3 Richard L. Webber, Jr. Attorney for Plaintiff 366 Green Spring Road P.O. Box 40 Newville, PA 17241-0040 (717) 776-6566 4 I verify that the statements made in this Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: S o 97 6" 43wiY2 .Od KATHI L. BURKHOLDER, Plaintiff 5 y?S SID X11 ?.. i.. I: f. v' ?. ? l KATHI L. BURKHOLDER, Plaintiff/Petitioner V. MICHAEL A.BURKHOLDER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-, %7 CIVIL TERM : IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow the Plaintiff/Petitioner, KATHI L. BURKHOLDER, to proceed in fulm12st aria. 1, Richard L. Webber, Jr., attorney for the party proceeding in fQnm aria, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. -91V4- Richard Richard L. Webber, Jr. Attorney for Plaintiff/Petitioner 366 Green Spring Road P.O. Box 40 Newville, PA 17241.0040 (717) 776-6566 KATHI L. BURKHOLDER, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. ;NO. 99- yo> CIVIL TERM MICHAEL A. BURKHOLDER, : Defendant/Respondent : IN DIVORCE AFFIDAVIT IN SI EPORT OF PETITION FOR LEAVE I PROCEED IN FORMA PA PFRIS L I am the Plaintiff/Petitioner in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Kathi L. Burkholder Address: 36 Country View Estates, Netwille, PA 17241 Social Security Number: 196-50-1130 (b) Present employed at: Employer: Super 8 Motel Address: Carlisle, PA 17013 Salary or wages per month: $1,100.00 Type of work: Housekeeper and desk clerk Date of last employment: N/A (c) Other Income within the past twelve months: Business or profession: None Other self-employment: None I Interest: None Dividends: None Pension and annuities: None Social Security benefits: None Support payments: None Disability payments: None Unemployment compensation and supplemental benefits: None Workman's compensation: None Public Assistance: None Other: None (d) Other contributions to household support: Husband Name: Michael A. Burkholder Employer: None (incarcerated) Salary or wages per month: None Type of work: N/A Contributions from children: N/A (e) Property owned: None Cash: $ 30.00 Checking account: None Certificates of Deposit: None Real Estate (including home): None Motor vehicle: None Stocks, bonds: None Other: Savings Account - $ 200.00 1) (f) Debts and obligations Mortgage: None Rent: $ 225.00/month Loans: $ 265.00/month (Trailer payment) Monthly expenses: Electric $80.00/month, Telephone - disconnected (was $50.00/month), Car Insurance $225.00/every 6 months, Trash $40.00/quarter, Gas (automobile) $40.00/month, Groceries $300.00-$400.00/month, Gas Bill $90.00/month (g) Persons dependent upon you for support: Name: Samantha Burkholder Age: 7 years Name: Sabrina Burkholder Age: 7 years Austin Burkholder Age: 5 years Aurora Burkholder Age: 3 years 4. 1 understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 1 verify that the statements made in this Affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Date: 9-10-92 Y4?a.tl4 ( L& m h.u KATHI L. BURKHOLDER Plaintiff/Petitioner 3 SHERIFF'S RETURN - OUT OF COUNTY AMENDED CASE NO: 1999-05407 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BURKHOLDER KATHI L VS. BURKHOLDER MICHAEL A R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: BURKHOLDER MICHAEL A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of WAYNE County, Pennsylvania. to serve the within COMPLAINT - DIVORCE On October 22nd, 1999 , this office was in receipt of the attached return from WAYNE County, Pennsylvania. Sheriff's Costs: So answers--- - Docketing 18.00 Out of County 9.00 S Surcharge 8.00 omas ine, 5 eri Dep. Wayne Cc 55.70 $9u./II 10/22/1999 Sworn and subscribed to before me this G f-" day of Aea,4 19'gi? A.D. ,roc IVA a y SHERIFF'S DEPARTMENT WAYNE COUNTY, PENNSYLVANIA 925 COURT STREET, HONESDALE, PA 18431 SHERIFF'S RETURN OF SERVICE PIacc of Origin: ('nIII he rIand County, PA ('ours Number: 5407-CiviI-I()99 Type of Writ or Comp (ainIi CumptaiIi t in Dicnrc-e PI aintifIF lsRa!lii 1.. Burkholder Defendant lsMichael A. Hurkholder Plaintiff AIty: Richard I. Webber, 1r., Pzq. Name of Entity to Serve: Nichacl A. Burkholder Address: r;o SCI at Waymarl, P. O. Rox 256. Rot IIc (), Waymarl, PA 18,172 Placc of Servicc: clo S('[ at Waymarl, 1'. 0. Rox 256, Route 6, Waymarl, PA 18472 Date and Hill, of Service: Seplen0wr 27, 1999 10:10 AM I hereby CGRTIPY and RFIVRN Ihat 1, Rarbara C. Varese, fkgnny, have IN'TWIally served the writ or complaint described npon the above ircmed individual, company, corporation, etc., at the place of servic(° shown above. Witnt?ss III% hand and seal i,f i,ffit e it I[ciu•sdale, Pennsylvania Ibis 12Ib day of ociober, 1999. Su Ali swers William %I. ItI(IIf, SLr -rIIf. Barbara C. Val roe, Depu William 11, liluff Sheriff nl' Wnvne ('ounly Sworn Io and subs(-ribed before we t1,hs - ,ri? jqPk day ((f jog. 1<nI'? 7/ KL1( &"L) of. 'kjh"74R- (. In The Court of Common Fleas of Cumberland County, Pennsylvania Kathi L. Burkhoer V. Michael A. Burkholder No. 99-5407 Civil Now, 9/21/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Wayne County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. f ° Sheriff of Cumberland County, PA i Now, within upon at by handing to _ a 19_,at_ o'clock copy of the original and made known to So answers, M. served the the contents thereof. Sheriff of Sworn and subscribed before me this _ day of , 19 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA Affidavit of Service as KATHI L. BURKHOLDER, Plaintiff/Peti(ioner V. MICHAEL A. BURKHOLDER, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99- --N07 CIVIL TERM IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow the Plaintiff/Petitioner, KATHI L. BURKHOLDER, to proceed iu I'.vrntap?lLlperic. 1, Richard L. Webber, Jr., attorney for the party proceeding in fQ= Ra(tRens• - certify that I believe the party is unable to pay the costs and that 1 am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. J _ Richard L. Webber, Jr. Attorney for Plaintiff/Petitioner 366 Green Spring Road P.O. Box 40 Nevvville, PA 17241-0040 (717) 776-6566 -CORD iii :.::???nb:?r'ti•!1!YtN.'1, I llai8 uo) tt my hand r.(J' ?ii'8 S:}rG! C'r _CiS: '..QUIL2i cadisl0 Pa. iris ncl_aay ?L 1fl ?? Pr thonmar/ ?_ KATHI L. BURKHOLDER, : IN THE COURT OF COMMON PLEAS FOR PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5407 CIVIL TERM MICHAEL A. BURKHOLDER, : DEFENDANT : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 2, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 unswom falsification to authorities. Date: 30 0 0 yea t, X V3wz,i24w?, KATHI L. BURKHOLDER, Plaintiff KATHI L. BURKHOLDER, PLAINTIFF V. MICHAEL A. BURKHOLDER, DEFENDANT : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5407 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I.1 consent to the entry ofa final decree of divorce without notice. 2. 1 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. 1 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 - unswom falsification to authorities. cu?J2 6Q0!2n Date: % - 3 o - 00 Y''Wll X. KATHI L. BUR.KHOLDER, Plaintiff n, C_: '.. 1. _ .. ? KATHI L. BURKHOLDER, : IN THE COURT OF COMMON PLEAS FOR PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5407 CIVIL TERM MICHAEL A. BURKHOLDER, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was tiled on September 199-,. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. 1 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 4?'9t04 relating to unsworn falsification to authorities. /?J? /?/ Date: J o v 64dJWL' 1 MICHAEL A. BURKHOLDER, Defendant ?avJln? ARL& SEAL ,.??,,, C ?.? i ?? KATHI L. BURKHOLDER, PLAINTIFF V. MICHAEL A. BURKHOLDER, DEFENDANT : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5407 CIVIL TERM IN DIVORCE WAIVER OF NOTICE Or INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33111(c) OF THE DIVORCE CODE I . I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. 1 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 unswom falsification to authorities. Date:,) MIC/H?AE?L A. BURKHOLDER, DeQendant - low ROW