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HomeMy WebLinkAbout07-5908 LAUREN A. BURNS, Plaintiff VS. ROBERT K. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 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 foregoing 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, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 LAUREN A. BURNS, Plaintiff VS. ROBERT K. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07- Y W IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. LAUREN A. BURNS, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CV - -5 96 P Ott [ . ROBERT K. BURNS, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, LAUREN A. BURNS, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is LAUREN A. BURNS, an adult individual who currently resides at 510 Ridgeview Drive in Dillsburg, Cumberland County, Pennsylvania. 2. The Defendant is ROBERT K. BURNS, an adult individual who currently resides at 402 Pawnee Drive in Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and 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 14 March 1998 in Baltimore, Maryland. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. a..,el L. An Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: e C! o Zf ' LAUREN A. B RNS 6?*,-) tZ. V, IIKN, V, At. 1p1- r W r.? "Y 1 Y t LAUREN A. BURNS, Plaintiff VS. ROBERT K. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. . S??? Cllr IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit 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 6 September 2005 , and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: ?*LAUREN A. BURNS LAUREN A. BURNS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least 2 years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit are true and correct. I ROBERT K. BURNS, Defendant 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: ROBERT K. BURNS NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. CAD LAUREN A. BURNS, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW ROBERT K. BURNS, ) NO. 07-5908 CIVIL TERM Defendant ) IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please reinstate the complaint in this matter. &eell Andes Attorney for Plaintiff P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 ID t _ C?n '0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05908 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BURNS LAUREN A VS BURNS ROBERT K R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BURNS ROBERT K but was unable to locate Him in his bailiwick. COMPLAINT - DIVORCE , He therefore returns the the within named DEFENDANT 402 PAWNEE DRIVE MECHANICSBURG, PA 17055 BURNS ROBERT K NOT FOUND , as to ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: So answers: Docketing 18.00 Service 28.80 -- - " Not Found 5.00 R. Thoma .Kline Surcharge 10.00 Sheriff of Cumberland County Postage .58 \???` 62.3$ SAMUEL ANDES 11/13/2007 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05908 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BURNS LAUREN A VS BURNS ROBERT K SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon BURNS ROBERT K the DEFENDANT , at 2020:00 HOURS, on the 12th day of December-, 2007 at 402 PAWNEE DRIVE MECHANICSBURG, PA 17055 by handing to ROBERT E BURNS FATHER a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Postage .58 Surcharge 10.00 J.2-1 l9107 .00 40.10 So Answers: R. Thomas Kline 12/13/2007 SAMUEL ANDES Sworn and Subscibed to By: before me this day of A.D. 'r 4 LAURE* ,A. BURNS, Plaintiff VS. ROBERT K. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0`7 -5_90 irCNI I IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. _ (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least 2 years. (ii) The marriage is not irretrievably broken. 2. Check. either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. A (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalti4s of 18 Pa. S. Section 4904 relating to unsworn falsification to autho ?,) ?C /1) Date: . BU NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. f ? ?v Y lam" :I ti. -t3 CTS C7 _ {7 ,. 3 co __f 46 LAUREN A. BURNS, Plaintiff V. ROBERT K. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 07-5908 CIVIL ACTION - LAW IN DIVORCE PETITION FOR RELATED CLAIMS AND NOW comes Defendant, Robert K. Burns, by and through his attorney, Andrew H. Shaw, and petitions the Court as follows: COUNT I - EQUITABLE DISTRIBUTION 1. Petitioner is the above-named Defendant, Robert K. Burns, an adult individual currently residing at 402 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is the above-named Plaintiff, Lauren A. Burns, currently residing at 510 Ridgeview Drive, Dillsburg, Cumberland County, Pennsylvania. 3. Petitioner and Respondent were married on March 14, 1998 in Baltimore, Maryland. 4. Respondent filed a Complaint in Divorce on December 6, 2007. 5. Said Divorce Complaint alleges no-fault grounds for divorce. 6. Petitioner and Respondent are joint owners of various items of real estate, personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 7. Petitioner and Respondent are each owners of other various items of personal property, bank accounts, retirement accounts and other property acquired during their marriage which are subject to equitable distribution. 41 8. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. COUNT II - ALIMONY 9. Paragraphs 1-8 are incorporated by reference as if stated more fully herein. 10. Petitioner lacks sufficient property to provide for his reasonable means and, although employed, is unable to adequately support himself. 11. Petitioner requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. 12. Respondent commands a sufficient income to be able to make alimony payments. 13. Petitioner, during the marriage, contributed to Respondent's increased earning power. WHEREFORE, Petitioner respectfully requests this Honorable Court award alimony to Petitioner. Respectfully Submitted, Date: 2- w 0 4? By: 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 facsimile Attorney for Petitioner/Defendant VERIFICATION I, Robert K. Burns, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date:- Robert K. Burns CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition For Related Claims, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff Date: W-/-/ () g 3 SZ' a> 0 r LAUREN A. BURNS, Plaintiff V. ROBERT K. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 07-5908 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Robert K. Burns, Defendant, moves the court to appoint a master with respect to the following claims: Distribution of Property and Alimony. And in support of the motion states: (1) Discovery is not complete as to the claim for which the appointment of a Master is requested. (2) The Plaintiff has appeared in the action by her attorney, Samuel Andes, Esquire. (3) The Statutory grounds for divorce are Divorce Code, sections 3301(c), and 3301(d). (4) The action involves complex issues of law or fact. (5) The action is contested with respect to the following claims: distribution of property and alimony. (6) The hearing is expected to take three (2) hours. Respectfully Submi?ed: Date: ?-17-Oe Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Motion for Appointment of Master, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff i Date: ?- 7^ OZ Andrew H. haw, quire $i CX) " 71 ?_ r? fTY 1 ,, 1% f> SEP' 18 2008 LAUREN A. BURNS, Plaintiff V. ROBERT K. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 07-5908 CIVIL ACTION - LAW IN DIVORCE ORDER APPOINTING MASTERnn AND NOW, this ,&'?day of i 2008, Esquire is appointed master with respect to the following claims: Distribution of Property and Alimony. BY CURT: 1 Doll J. Cf?`+ '?` ?" .. ?f r V '? - ?n ° t ? .? ? .? ; .T,??b ? ..?, 9 ? ?? (, ?, ,::? ?'?' i ' a ' r_„f t tiA LAUREN A. BURNS, Plaintiff vs. ROBERT K. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5908 CIVIL TERM IN DIVORCE PLAINTIFF'S MOTION TO COMPEL AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court for an order to compel the Defendant to respond to Plaintiffs formal discovery requests, based upon the following: The moving party herein is the Plaintiff. The responding party herein is the Defendant. 2. On or about 4 September 2008, Plaintiffs counsel served upon Defendant's counsel a Request for Production of Documents and Things. Attached hereto and marked as Exhibit A is a copy of that Request with the certificate of service attached. 3. To date, Defendant and his counsel have not responded to Plaintiffs Request and have not provided the information requested. 4. Defendant has moved this court to appoint the Master and this court has appointed the Master to hear the economic claims in this case. 5. This matter cannot proceed before the Master, and Plaintiff cannot prepare for the negotiation or litigation of the economic claims, without the information she has requested from the Defendant. WHEREFORE, Plaintiff moves this court to enter the attached order compelling the Defendant to provide the documents and other items described in Plaintiffs Request for Production of Documents and Things. gam.uje L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Andrew H. Shaw, Esquire 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 , Date: 4 December 2008 O*W.AA Amy M. arkins Secretary for Samuel L. Andes LAUREN A. BURNS, ) Plaintiff ) VS. ) ROBERT K. BURNS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5908 CIVIL TERM IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO: Mr. Robert K. Burns c% Andrew H. Shaw, Esquire 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 You are requested, in accordance with Pa. R.C.P. 4009, to deliver to the office of the undersigned at 525 North 12' Street, Lemoyne, Pennsylvania, or otherwise make arrangements reasonably satisfactory to the undersigned, for his inspection or examination, copies of the following documents, articles, and things, within thirty (30) days of the date of this Request. For purposes of this Request, all computer records and information available on computer records or within computer programs, should be included within the Request for Production. That is, this Request is not limited to documents or "hard copies" of records, but should include computer records, tapes, disks, and other media as well as paper documents. 1. Copies of all statements from Citizens Investment Services, or any investment entity by that or a similar name, for the period 1 January 2004 to the present for any accounts you hold or are held for your benefit with that organization. 2. Copies of all statements from Nations Bank, or any investment entity by that or a similar name, for the period 1 January 2004 to the present for any accounts you hold or are held for your benefit with that organization. Page 1 of 4 3. Copies of all statements from Citibank, or any investment entity by that or a similar name, for the period 1 January 2004 to the present for any accounts you hold or are held for your benefit with that organization. 4. Copies of all statements from Arnica Insurance, or any investment entity by that or a similar name, for the period 1 January 2004 to the present for any accounts you hold or are held for your benefit with that organization. 5. Copies of all statements from SC Johnson Wax Employees Deferred Profit Sharing and Savings Plan, or any entity with a similar name, for the period 1 January 2004 to the present for any accounts you hold or are held for your benefit with that organization. 6. Copies of statements from any account or asset you have held with any bank, credit union, investment company, pension, profit sharing plan, mutual fund, or other financial institution for the period 1 January 2004 to the present. 7. If you have disposed of any financial asset having a value of $1,000.00 or more, or liquidated or cashed in such an asset, since 1 January 2004, please provide complete copies of all documents relating to or confirming such liquidation and all documents which reflect what disposition you made of the funds received as a result of such transaction. 8. Copies of periodic statements and the check registry or similar listing of activity within any account you have held with any bank, credit union, or financial institution, into which you regularly make deposits or from which you regularly make payments, or any other person makes payments on your behalf, from 1 January 2004 to the present. 9. Copies of your federal and Pennsylvania state income tax returns, as filed, for the years 2004, 2005, 2006 and 2007. 10. If you are currently employed or enjoy any income from any work or similar endeavor, copies of statements reflecting all compensation or income you have received from such sources or from such activities from 1 January 2008 to the present. 11. If you have applied for or sought employment or any other work for compensation since your separation from your wife, please provide the following documentation: A. A copy of any job application or similar document you filed with the entity to which you applied or made inquires; II B. Any other communications that you submitted to such entity regarding employment or work for compensation; and Page 2 of 4 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Pkinriff herein by regular mail, postage prepaid, addressed as follows: bOOV& Andrew H. Shaw, Esquire 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 Date: 4 September 2008 114 1 f -- Amy Harkins lecretary for Samuel L. Andes Page 4 of 4 C. Any and all communications you received back from such entity regarding your inquiry or application. 12. A copy of your employment resume or curriculum vitae. Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12'hStreet Lemoyne, PA 17043 (717) 761-5361 Page 3 of 4 co 5 LLv , --- DEC 19 2M LAUREN A. BURNS, Plaintiff ) vs. ) ROBERT K. BURNS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5908 CIVIL TERM IN DIVORCE ORDER OF COURT BY COUR J. AND NOW this day of tow- , 2008, upon consideration f Plaintiffs Motion to Compel, the Defendant Robert K. Burns is hereby ordered to Plaintiff's Request for Production of Documents and Things within days of service of this order upon Defendant's counsel of record. Distribution: amuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12 Street, P.O. Box 168, Lemoyne, PA 17043 drew H. Shaw, Esquire (Attorney for Defendant) 200 S. Spring Garden Street, Suite 11, Carlisle, PA 17013 V 7r ?` `it 7 < t.; 1 J f t ... f; _F,,f LAUREN A. BURNS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBERT K. BURNS, Defendant CIVIL ACTION - LAW NO. 07-5908 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for an award of exclusive possession of the residence at 510 Ridgeview Drive, Dillsburg, Pennsylvania, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. The parties were married on 14 March 1998 and are the parents of two minor daughters, Carly M. Burns, now age 12, born 31 August 1998 and Nina F. Burns, now age 8, born 27 June 2002. 3. At the time of the marriage, Plaintiff owned a residence at 510 Ridgeview Drive in Dillsburg, Pennsylvania. During the marriage, the property was transferred into the joint names of Plaintiff and Defendant. 4. The parties separated in September of 2005 and Plaintiff and the parties' two minor children have continued to reside in that residence since separation. 5. The separation of the parties was caused by Defendant's physical assault on Plaintiff. That assault resulted in criminal charges filed against Defendant and in the entry of an order by the Court of Common Pleas of York County, Pennsylvania, in a protection from abuse action filed by Plaintiff to No. 2005-FC-0016669-Y12. A copy of the order entered in that case is attached hereto and marked as EXHIBIT A. 6. Defendant's assault on Plaintiff took place in the presence and within the sight and hearing of the parties' minor children. Both of the daughters were terrified by Defendant's conduct. 7. After the entry of the protection from abuse order as described in Paragraph 5 above, Defendant violated the order and, as a result of his violations of the order, the Court of Common Pleas of Cumberland County extended the protections of the protection from abuse order in 2006. 8. Defendant's assault on Plaintiff in March of 2005 was not the only time he has assaulted or threatened to assault her. Defendant has, on several other occasions, assaulted Plaintiff and, on still other occasions, threatened her physically. 9. Defendant is an alcoholic who cannot control his conduct when intoxicated. Defendant consistently denies his problems with alcohol and refuses treatment for them. 10. Defendant's problems with alcohol and the effect they have upon his conduct have been recognized by this court in a custody action between the parties filed to No. 2009-1957 Civil Term. Attached hereto, and marked as EXHIBIT B are Findings of Fact made by the Honorable Edward Guido, Judge of this Court. Attached hereto and marked as EXHIBIT C is a copy of an Order entered in the custody action based upon Judge Guido's findings of fact, dated 8 October 2009. 11. Defendant has consistently and constantly refused to recognize or acknowledge his problem with alcohol or to take any steps to obtain treatment for those problems. 12. On 28 December 2010, Defendant came to the residence, without any prior announcement and without Plaintiff's knowledge or consent, and entered the house. Defendant's unannounced entry into the property shocked and terrified Plaintiff. In response to Plaintiff's call, the local police came and persuaded Defendant to leave the home. 13. Plaintiff is terrified of Defendant because of his abusive and violent conduct toward her in the past. 14. The parties' children are terrified of Defendant because of his abusive and assaultive conduct toward their mother in their presence and because of his threatening behavior when intoxicated. 15. It is in the best interest of the parties children, and of Plaintiff as well, that Defendant be excluded from the residence so that Plaintiff and the children know they have a safe and secure place to live, free of Defendant's abusive, threatening, and assaultive conduct. 16. Prior orders in the parties' custody case have been entered by the Honorable Edward Guido. 17. Defendant does not concur in the relief requested by Plaintiff in this Petition. WHEREFORE, Plaintiff prays this court to award her exclusive possession of the residence at 510 Ridgeview Drive in Dillsburg, Pennsylvania and to exclude Defendant from the residence. u 1 . An Attorney for Plaintiff Supreme Court ID # 17225 525 North 12t` Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: IA/ ?14- &0,114- .1 LAUREN A. BURNS CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, PA 17013 Date: If January 2011 atn"(-?n Amy M kins etary for Samuel L. Andes EXHIBIT A auren A. Burns : IN THE COURT OF COMMON : PLEAS Plaintiff : YORK COUNTY, :PENNSYLVANIA V. No. 2005-FC-001669-Y12 Robert K. Burns Defendant ' CIVIL ACTION - LAW PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name: Robert K. Burns Defendant's Date of Birth: November 22, 1960 Defendant's Social Security Number: 163-58-8871 Names and Dates of Birth of All Protected Persons, including Plaintiff and minor children: Names Dates of Birth 1. Lauren A. Burns July 18, 1963 Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [ ] parent of a common child with Defendant [ ] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person who shares biological parenthood) of Defendant [ ] current or former cohabitant (person who lives with) Defendant. Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: • Plaintiff appeared personally and is represented by: Tom O'Shea, Esquire • Defendant appeared personally and is represented by: Clyde Vedder, Esquire AND NOW, this 20th Day of September, 2005 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: This is a LIMITED-CONTACT ORDER. The parties may have TELEPHONE CONTACT ONLY. Any such contact shall be non-abusive in nature. Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to the Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 510 Ridgeview Drive, Dillsburg PA 17019 or any other residence where Plaintiff or any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except as provided in Paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff s school, business, or place of employment. 4. Custody of the following minor children: 1. Carly Burns 2. Nina Burns shall be as follows: • Primary physical custody of the minor child/ren is awarded to the Plaintiff. • Defendant shall have the following partial physical custody/visitation rights: as the parties may agree via telephone • The parties parents' shall be responsible for the custody exchanges. This Order regarding custody is meant to be temporary and is entered without prejudice. Either party may file a custody action with the Court. 5. The following additional relief is granted as authorized by §6108 of the Act: Defendant is awarded use and possession of the following personal property: his clothing, personal effects, and office files. Defendant shall go to the residence Saturday, September 24, 2005, at 2:30 p.m, to 7:30 p.m. to retrieve these belongings. The parties will have one or both parents present during this time. In the event there is a dispute as to any item to be removed, it shall remain on the premises and the parties will have to resolve the dispute in another forum. Defendant shall contact the ADVANCE Program or an equivalent program within (7) days from the date of this Order to arrange for an evaluation for admission into their Domestic Abuse Intervention Program. Defendant shall comply with any recommendation for treatment resulting from the evaluation and pay for the cost of the evaluation and the recommended treatment. Defendant shall execute an authorization to permit the evaluator to verify to the Court that the Defendant has complied with this Order. The ADVANCE Program is located at 750 Kelly Drive, York, PA 17404; telephone number (717) 852-9706. Defendant shall contact WellSpan Behavioral Health Services or an equivalent program within (7) days from the date of this Order to arrange for a drug, alcohol and substance abuse evaluation. Defendant shall comply with any recommendation for treatment resulting from the evaluation and pay the cost of the evaluation and the recommended treatment. Defendant shall execute an authorization to permit WellSpan Behavioral Health Services to verify to the Court that the Defendant has complied with this Order. WellSpan Behavioral Health Services is located at 1101 South Edgar Street, Suite A, York, PA 17403; telephone number (717)851-1500. 6. The costs of this action are waived as to the Plaintiff and imposed on Defendant, as follows: DEFENDANT shall pay the costs of this action to the Prothonotary of York County within (90) days from the date of this Order pursuant to the following instructions. This Court Order requires you to pay the court costs with respect to a Protection from Abuse Action (PFA). The court costs are to be paid to the Prothonotary of York County, whose office is located on the 1st Floor of the York County Judicial Center, 45 North George Street, York, PA 17401; telephone number (717) 771-4393. It is your responsibility to contact the York County Prothonotary's Office to determine the exact amount of the costs and to make arrangements for payment. The Prothonotary will have the amount of your costs approximately 48 hours after the Court has entered its Order directing you to pay PFA costs. The usual court costs for a PFA Action are approximately $175.00. The costs may vary from case to case. You may make installment payments so long as the full amount of costs are paid within the time period set forth in the Court's Order. It is your obligation to notify the York County Prothonotary's Office of any change in you mailing address or place of residence within 48 hours of such change. The Prothonotary's Office only accepts cash, money orders, or certified checks; they do not accept personal checks. THE PROTHONOTARY'S OFFICE DOES NOT SEND OUT BILLS. IT IS YOUR OBLIGATION TO CONTACT THE PROTHONOTARY'S OFFICE AND ARRANGE FOR PAYMENT. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carroll Township Police Department 8. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 9. All provisions of this order shall expire on: September 20, 2006 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff s residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 4 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The Sheriff of York County shall maintain possession of the weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff s presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY THE COURT: ud J . Thompson, Jr. Date Entered pursuant to the consent of plaintiff and defendant: q?Lf/l%7 Plaintiffs Signature Defendant's Signature Distribution to: Plaintiff at 510 Ridgeview Drive, Dillsburg PA 17019; Defendant at 402 Pawnee Drive, Mechanicsburg PA 17055; PA State Police; York County Sheriff; Carroll Township Police Department; Attorney O'Shea; Attorney Vedder; ADVANCE; Wellspan Behavioral Health Services; .=iED from the records of the Court of :monk leas of York County, Pennsylvania a ?day of A.D. 20 Pamela S. Lee, Prothonotary RECEIVED OFFICE OF PROTHONOTARY SEP 2 0 2005 COURTHOUSE YORK, PA EXHIBIT B LAUREN A. BURNS, Plaintiff V. ROBERT K. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1957 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY FINDINGS OF FACT AND NOW, this 8th day of October, 2009, after hearing, we make the following Findings of Fact: 1. In 2005, Robert Burns was arrested as a result of assaultive behavior towards his wife and thereafter towards the police. He was intoxicated. 2. He pled guilty to those charges and was on probation for 18 months, during which he underwent a drug and alcohol evaluation which, astonishingly, said that no treatment was needed. 3. Throughout the course of his marriage he abused alcohol and ignored the pleas of Plaintiff to seek help. 4. In June of 2008, while he had custody of his children, he drank to excess, passed out, and the children were forced to call 911 for help. 5. When the EMS arrived, he became combative, defecated on his pants, was taken to the hospital, and refused all toxicology testing. 6. On St. Patrick's Day 2009, he defecated on the rug of a friend while intoxicated. 7. He has continued to deny any problem and has made up unbelievable stories to explain the above events. 8. His friends have repeatedly and consistently asked him to seek treatment for his alcohol abuse, which he has refused to do. 9. Despite the glaring evidence to the contrary, he continues to deny any problem with alcohol. S uel L. Andes, Esquire C.Xttorney for Plaintiff Andrew H: Shaw, Esquire Attorney for Defendant srs 'e ur""O .V-,d low toal -2 CYA EXHIBIT C LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-1957 CIVIL TERM e ROBERT K. BURNS,. CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 8th day of October, 2009, after hearing, we enter the following Temporary Custody Order: 1. The Mother, Lauren A. Burns, and the Father, Robert K. Burns, shall enjoy shared legal custody of Carly M. Burns, born August 23, 1998, and Nina F. Burns, born June 27, 2002. 2. The Mother shall enjoy primary physical custody of the children. 3. Father shall immediately make arrangements to get the children enrolled in counseling with Christine Gannett to help repair the damage done between him and his daughters as a result of his past behavior.. The costs of the counseling to be paid for by Father. 4. Father shall be entitled to liberal telephone contact with his children. 5. After three sessions with Ms. Gannett, or sooner if she recommends, Father shall be entitled to periods of temporary physical custody of the minor children as follows: A. Each Tuesday from 5:30 p.m. to 8:00 p.m. B. One day each weekend, as agreed upon by the parties, from noon until 4:00.p.m. C. Father's periods of temporary custody shall be supervised by his mother or some other person agreed upon by the parties. C 6. Mother has the right to deny periods of partial physical custody if she has any indication that Father has been drinking. 7. Father is directed to comply with any treatment recommendations of Mazzitti & Sullivan. If they deny that he needs any further counseling, a copy of my Findings of Fact shall be provided to them and a re-evaluation completed. The costs of the re-evaluation to be paid for by Father. If they still deny that he needs further counseling, then I would ask that the evaluator come to Court and testify. 8. Upon Father successfully completing alcohol counseling and giving up alcohol, we will consider further partial custody to include overnights and unsupervised. By the Court, Edward E. Guido, J. Sa uel L. Andes, Esquire orney for Plaintiff Andrew H. Shaw, Esquire Attorney for Defendant Sheriff srs FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 24 PM 2: 52 LAUREN A. BURNS, Plaintiff VS. ROBERT K. BURNS, Defendant CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5908 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this day of 2011, upon consideration of the attached Petition for xclusive Possession, a hearing is hereby scheduled, to be held before the undersigned in Court Room No..3 of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at j 0 V o'clock 6 m. on j the day of 2011.4.., O ~ Pending such hearing, Defendant is directed not to approach or enter the residence at 510 Ridgeview Drive in Dillsburg, Pennsylvania. J. Distribution: 'Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12'h Street, P.O. Box 168, Lemoyne, Pa 17043 f 4a id copies Andrew H. Shaw, Esquire (Attorney for Defendant) pl'$ 200 South Spring Garden Street, Suite 11, Carlisle, PA 17013 LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 07-5908 CIVIL TERM ROBERT K. BURNS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 1st day of February, 2011., at the request of the Defendant, hearing in this matter is continued to Wednesday, February 23, 2011, at 2:30 p.m. Pending said hearing, the Plaintiff is granted exclusive possession of 510 Ridgeview Drive, Dillsburg, Pennsylvania. The Defendant is not to be within 200 feet of said residence under any circumstances whatsoever. Samuel L. Andes, Esquire Attorney for Plaintiff /Robert K. Burns 402 Pawnee Drive Mechanicsburg, PA 17050 Andrew H. Shaw, Esquire By the Court, rnca fi " M ; rM ca r -am 8 4 Edward Guido, J. MW C:) o-n n ?. .t CDC 02? I Dvb srs LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 07-5908 CIVIL TERM ROBERT K. BURNS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 1st day of February, 2011, Andrew Shaw, Esquire, is given permission to withdraw his appearance of record for Defendant Robert K. Burns in this matter. By the Court, Edward E. Guido, J. 'Samuel L. Andes, Esquire Attorney for Plaintiff Robert K. Burns 402 Pawnee Drive Ma (ej Mechanicsburg, PA 17050 CDPies 4-4 it Andrew H. Shaw, Esquire 'DE6 srs L"L 64, -cr_ 1 LAUREN A. BURNS, Plaintiff V. ROBERT K. BURNS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 07-5908 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Pursuant to the Order of Court dated February 1, 2011, kindly withdraw my appearance on behalf of the Defendant, Robert K. Burns. Date: ?- W rnco -n M r n F `0m C) i - C., CD Attorney I.D. #87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 Telephone: (717) 243-7135 „I CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe To Withdraw, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff Robert K. Burns 402 Pawnee Drive Mechanicsburg, PA 17050 Date: %? ?? // 3 ' W i 4 t _ i ^+. f ?o e1 LAUREN A. BURNS, Plaintiff ) vs. ) ROBERT K. BURNS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5908 IN DIVORCE ORDER OF COURT AND NOW this 7tA day of 17IA44,11 , 2011, upon consideration of the attached Motion of Samuel L. Andes, the hearing scheduled for February 23, 20,,111 is continued. The matter will be heard at o'clock /0.m. on T2„' i?# f the day of ?., 2011 in Court Room No...3 of the Cumberland County Courthouse in Carlisle, Pennsylvania. BY T T, J. Distribution: ? Samuel L. Andes, Esquire (Attorney for Plaintiff) / 525 North 12' Street, P.O. Box 168, Lemoyne, PA 17043 Mr. Robert K. Burns, pro se (Defendant) 402 Pawnee Drive, Mechanicsburg, PA 17050 aiVCi copeg M cop o A LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-5908 CIVIL TERM ROBERT K. BURNS, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 18th day of March, 2010, after hearing, the Plaintiff, Lauren A. Burns, is hereby awarded exclusive possession of the residence at 510 Ridgeview Drive, Dillsburg, York County, Pennsylvania. The Defendant, Robert K. Burns, is prohibited from being on the premises or entering the property without the prior written consent of the Plaintiff or further Order of this Court. Provided, however, that the Defendant, Robert K. Burns, shall be granted written permission to enter the premises upon 30 days request at least once each quarter to remove personal belongings and/or to inspect the premises. What the Court means by personal items are his items of clothing and personal records or computer disks, et cetera. Plaintiff may impose such reasonable conditions as to time as she deems fit. By the Court, Edward E. Guido, J. / Samuel L. Andes, Esquire Attorney for Plaintiff MQ(' ? Robert K. Burns, Pro se .3)OP 402 Pawnee Drive Mechanicsburg, PA `17050 Sheriff kr,°J- N C:)9 rx cs z p -,© co M -4 M srs J LAUREN A. BURNS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-5908 CIVIL TERM ROBERT K. BURNS, W Defendant NO. 2009-1957 CIVIL TERM i . =M "TIM, OF COURT' AND NOW, this 10TH day of MAY, 2011, we will consider Defendant's attached-- .__j motion as a request to modify the current custody order. A conciliation conference shall be scheduled forthwith. ,/Samuel Andes, Esquire For the Plaintiff /Robert Burns 510 Ridgeview Drive Dillsburg, Pa. 17019 C0?e,s Mo?ud 5'I310a e Court, Edward E. Guido, J. sld LAUREN A. BURNS Plaintiff V. ROBERT K. BURNS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C"11 Cz Q -n m C rte: -- z em ? ? r.- -o r NO. #07-6908 (CIVIL TERM) CS - c © curt - c:)9 ° =C v IN: DIVORCE Ax M PETITION to THE COURT AND NOW, this day of , 20 / this petitioner avers the following and petitions the court to MODIFY the current standing exclusive possession ORDER in place BE GRANTED, if His Honor deems appropriate, for the reasons set forth below. Request permission for the "exclusive possession" ORDER of 03/18/11 be modified to specify petitioner ACCESS t HIS jointly owned property while no one is home for the protection of all parties involved inclusive of the plain iff, the petitioner and both plaintiffs & petitioner's children. 2. Current O DER specifies reasonable agreed upon time and date with 30 days advance notice to be worked out between parties. It makes no mention the plaintiff must be present on the said jointly owned property of both parties. Petitioner has been met with resistance and threatening correspondence by plaintiffs attorney concerning "would be trespassing charges" and `would be plaintiffs fear of petitioner NOT" abiding by HIS Honor's cu ent ORDER in place. I have not been near my property since 03/18/11 when the ORDER was rendered that very reason.. 3. Since Se ember '05, this defendant has been fiorced to counter made up allegations including an October '08 unfoun ed allegation by plaintiffs camp concerning a claim of this defendant appearing intoxicated at my house with an attempt to abduct my children. This plaintiffs false claim was quickly put to rest as this defendant appeared before officers of the court in a prescheduled hearing (Cumberland County Courthouse) ten minute after the supposed incident. The latest allegation was the 12/22/10 incident that brought me into the exclusi possession complaint. Oft. Wargo, on the scene, was to testify to the fact that not only was I within my fights, but more importantly to testify on the initial allegations Lauren made to Offc. Wargo. She later retrac ed her comments upon further questioning by the officer. 4. Considering not only (#3 above) but also this court's current temporary custody 2009-1957 case ORDER of 10/08/09, his petitioner fears walking into a hornets' nest or trap given the history of prior verified false allegations levied against him. I have suggested to the plaintiff, since the 03/18/11 ORDER, to enter my property o a weekday when my children would assuredly be in school. As much as I APPRECIATE His Honor's m st recent ORDER reconsidering the current temporary custody arrangement (set for conciliation July 1S), the fact remains that there is the 10/08/09 current ORDER still in place until further ruled upon by this court. If I were to enter my house when my children were at home, given the plaintiffs history, there is no doubt i this petitioner's mind the plaintiff would file a contempt of court charge ref. the #09-1957 Order of Oct., 08, 2 909 by this court. 5. Though thin concerns old business and I have not signed on the bottom line retaining my new council, I still have very little contact with opposing council (Mr. Andes) and never unsolicited, without permission or encouraged.', Currently, I have only replied when requested to do so or to correct the record in reply and have only done s via email. I have had very little contact with Lauren since June 'O8 and only that in email form and mostly "in reply" to the best of my recollection. To that end, I was taken aback when 1 received an unsolicited mail from Mr. Andes dated 12 May 2011 stating absolutely nothing other than the plaintiffs fear of the mere possibility I may not abide by the current court order. It was completely out of line in this petitioner's 'pion. As there was no cause for this, I replied to Mr. Andes as His Honor may view in part below. I further expressed to Mr. Andes in my reply that I have abided by every order, have not been to my house since Dec. 2010 and surely have not demanded access to my house at any time as Mr. Andes references. is this petitioner's opinion, it may be the plaintiffs Intention to lay groundwork for a future allegation, a her PFA, et cetera. ?Vty enW l (in part) to: Mr.Andes' May 12, 2011 email (EXHIBIT A), attached. (a) Lauren modified the terms of the PFA back in 605 where she requested no need for 30 party intervention during the custody exhanges. Hence, no fear of me. Court granted it because I was not a coven threat. Girls were never part of PFA. (b) Your duplicate PFA violation charge of me for the same incident in two counties ironed out like this. One county threw it out. Cumberland, out side the ground rules of the PFA, but non- threatening. No fear there. Plus, during the PFA; I never went anywhere near my house. (c) Th simple was a plea maybe I shouldn't have taken; but I did and that's on me. It was deemed of "0" physical harm done (I told you i have the photos}, Lauren's FINS refusal form, and no (d) I d?On't have a history of domestic violence. Prior to '05, talk to anyone I ever dated or lived with ND you71 not find any domestic violence in my background. (e) I'vo abided by the Psyche evaluation AND received a clean bill of health. 6. Though it is t e plaintiffs right to be home, she's imposing unstipudated restrictions making the current subject to some interpretation. Though the plaintiff is within her rights, she's requesting the same 2 mal fiends (M.F. & Fog) she had back in '05 under the PFA. With the then modified PFA in place, it wasn't necessary then, but completely understandable. That said, it is surely not warranted now almost 6 years later. reasonable person would conclude it's the plaintiffs attempt at recreating the expired six year old PFA a ronment and is nothing more than vexatious behavior by having her 2 friends follow me around in my own house. This petitioner We it is unwarranted to have anyone follow him around in his own home without just ause. For that, I petition the court to modify the current order as His Honor deems It, This petitioner has tacked a COURT ORDER I reflled, but blank to the points of He Honor's modlficadon, if any) i propose T odlfcations, (1) Permission to enter my property alone when prior notice is given to, reasonable and a reed upon by plaintiff to avid any issues listed in the above points AND (2) Not have my every move mon d. All other stipulations in the current ORDER remain intact. i have already explained to the plaintiff that there sh kd be no issue with me stealing anything because I cannot steal what is already mine and if I were to remove anyt ing from our property outside of personal belongings, I would be in contempt of the court order. Lastly, this petition has also attached a SCHEDULING ORDER which (1) he believes is a waste of the court's time, court's resources a taxpayer dollars. This petitioner does not believe a hearing is necessary. I do not wish any action to be t ken against plaintiff. The purpose of this petitioner's request for the current court order modification is simpI to allow the petitioner to exercise his right under the current order without being subjected to Use allegations, pla ntiff roadblocks, monitoring of (my) his every crave in his own property and the plaintiffs attempt at intentional emba ssment. 1, this undersigned petitioner, avers that the facts all set forth in this petillo.0 are true and c t to the best of my personal knowledge belief given all provided information. Slgn re Petiti oner Date EXHIBIT A 12 MW2011 Dear Mr. Burnt: You have con ' toed to demand access to your wife's home contrary to the provisions of Judge Guido's order. Lauren is afraid of you and she is afraid that you may try to come to the house, violation of the order, when you are not allowed to do so. I write to advis you that K you come to that house, or enter onto that property, at any time without st ' t compliance with Judge Guido's order, you will be committing the crime of c trespass and you will be prosecuted promptly for it. You are not authorized or rmitted onto the pro perty except in strict accordance with Judge Guido's order, ' h requires that you come at a time which is reasonably convenient to Lauren Ify you cannot work out a time in accordance with the Judge's order, you 9bould not make any attempt to come to or enter the property. If you do, you will be prosecuted. Samuel L And 51121112:52:52 P.M_ Si- , ce I will I be considaxv know of "the years. It's being dispatc throw this by any council. I will n l mmmment If this keeps up, it's b y waif scenario concerning the mi; tten to the point that the off o .d for that very reason. Yet, I never nd to (this) your email directly. It could going on for 5 years and even 3 counties e unprovoked police dispatches over the don't even follow up with me after I complaint one, I responded would apps record or, t P.W. I didn't initia Guido's orde no day is er myeeli at the the Wstory of which you (oi the witnee8(6 Under Judge into OUR hot etc. I have bi via Judge Ou this "fear thir your last ema,ll to Lauren ...as you I'm in agreement with your eorre 1. Guido's order so that there woi e arty emails; Lauren & you did. I rep ...Lauren has to grant me access. I r a geed day for Lauren, r'm hying lame time. Point, Lauren doesn't have proven made up allegations by Laurer your clients) know to be false. Shall with me or 10 minutes following the s ,uido's order, dating back to Dec. AC se. (e.g.) reasonable time, entering w sn naowhere near my house since Dec. do's order and threatening emails itl 13" out one more time to avoid arty of th her perrnission and if I didn't respond, it lence. I simply attempted to clarify the ed, that within the guide]lnes of Judge ave tried to mare arrangements.... and make things less complicated and cover o be there. That's for my protection given her mother and what you put in writing, bring out your threatening letters where pposed McIdent prove it to be fabricated. I have never violated or attempted to go tout prior steed upon by both parties, 0. Period. Wklt? The agreed upon terms this. As a refresher, I'm going to point &e type future ernails. 1. Lauren modified the terms of the PPA back t '05 where she requested no need for 3rd party ntervention during the custody exch es. Hence, no fear of me. Court granted it beG Ube I was not a proven threat. Girls w e never part of PFA. 2. Your uplicate PFA violation charge of me fa the same incident in rwo counties ironed out lithis. One county threw it out. Cum erland, out aide the ground rules of the PFA ut non-threatening. No fear there. Pl s. during the PFA: I never went anywhere near y house. 3. The jrnple was a plea maybe I shouldn't was, med of "no" physics] harm done a refus form, and no intent. 4. I doO have a history of domestic dolence. lived zh AND you'll not find any domestic 5. I've apided by the Psyche eval. ANT) have I don't have Ile time to or any longer the inclinat: your camp continues to levy. I can't control Lauren a psychologist or pretend to be a psychotherapist. T'. by specialise psychoanalysis professionals that anything about that. What I do know is this. If yau'% let me know. Otherwise, please stop with the titres Rc tmrds, Bob Burns taken. but I did and that's on me. It you I have the photos), Lauren'a EMS to '05, talk to anyone I ever dated or Ce in iry background. a clean bill of health. z to address these ridiculous allegatioria r her mother's trumped up fears. I'm not Hugh, it has been brought to my attention auren should consider-1 don't know got proof of any wrong doing on my part, tnn" S on nnn?n„ n 1-1 1 „ -. r LAUREN A. BURNS Plaintiff V. ROBERT K. BURNS Defen ant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5908 [Civil Term] NO. 09-1957 Civil Term] IN: Divorce and Custody cases [SOCIAL SECURITY# Removal] PETITION to THE COURT rRflno MM CAr- -< cn CID , Arm z z >cz nz oC") AND NOW, this day of , 20 this petitioner avers the following and requests that this petition pursuant under consideration, to be granted for the reasons set forth below: 1. Upon cou?nder consideration, request the removal of petitioner's social security# from all public record documents the above cases. 2. Assuming before be Laserfiche final order opposing o 3. If court's p requests S. Thanks for the Samuel Andes, For the Plaintiff Robert K. Burns (Temporary mai S.# was simply not deleted inadvertently by and within opposing council's attachments g placed into public record, petitioner asks to have his S.S. number removed from the ublic record system in CS. #07-5908, page 40 referenced (expired PFA attachment listed as Before 03/27/06 further modified order granted requiring no 3rd party intervention by .incil) exhibit. blic records uses an additional or separate system format other than Laserfiche, petitioner # removal from all other public record filing systems regarding case #07-5908 & #09-1957. rt's consideration. /XAAJ Robert K. Burns Signature of Petitioner Date ire address) c Q)7 \J ? ?\ ?1 ? ?? 1 Y!1 u J\J\J\ r %C, c LAUREN A. BURNS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT K. BURL Defendant CIVIL ACTION - LAW NO. O_ ? S< (9 O __(CNIL TERM) NO. (CIVIL TERM) IN: ORDER OF COURT AND NOW, this Defendants We hereby order as follows: 1. Permission to enter my property alone when 30 day prior notice is given to, reasonable and agreed upon by pi Intiff. Petltlon rmitbed to Inspect, remove personal Items without being interfered with or monitored by any pe or persons without ownership claim or on property deed. 2 3. By the Court, Edward E. Guido, J. Samuel Andes, For the Plaintiff day of , 20 , after consideration of the for Robert K. Burns (Temporary mailing address) 402 Pawnee Drive, Mechanicsburg, PA 17050 r , LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. C11 NO. 2007-5908 CIVIL TERM ? c? rn? ROBERT K. BURNS, Defendant NO. 2009-1957 CIVIL TERM -<> (jj -v z) ORDER OF COURT r AND NOW, this 15TH day of JULY, 2011, a hearing on the Defendant's Petition to modify our order of March 18, 2011, is scheduled for TUESDAY, AUGUST 16, 2011, at 2:00 p.m. in Courtroom # 3. Samuel Andes, Esquire deG;lJe?"" For the Plaintiff 'h d Robert Burns( 402 Pawnee Drive Cop 11A-1 Mechanicsburg, Pa. 17050 r ` ' (blq oa : sld y the Court, Edward E. Guido, J. LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ?=- ° --+ V. ? c_ te rrn NO. 2007-5908 CIVIL TERM t/ ?c ? r - ? m ROBERT K. BURNS, r Cn U Defendant -< NO. 2009-1957 CIVIL TERM C-j 1 3 =;:. o C- . A r`r" N ORDER OF COURT AND NOW, this 15TH day of JULY, 2011, a Rule is issued upon Plaintiff to Show Cause why the requested relief should not be granted. Rule returnable TUESDAY, AUGUST 16, 2011, at 2:00 p.m. in Courtroom # 3. y the Court, ward E. Guido, J. 'S Samuel Andes, Esquire Ed - d For the Plaintiff Robert Burns olfsd 402 Pawnee Drive CO 1 Mechanicsburg, Pa. 17050 ??? D1GP1 sld LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT K. BURNS, Defendant NO. 2007-5908 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of August, 2011, our Order of March 18, 2011, is modified to delete everything after the word "provided" and replace it with the following: Provided, however, that the Defendant, Robert K. Burns, shall be granted written permission to enter the premises upon 30 days request at least once every six months to inspect the premises. At the first entry on the premises, he is also entitled to remove personal items. What the Court means by personal items are items of clothing, personal records, computer disks, et cetera. Plaintiff may impose such reasonable condit=ions as to time as she deems fit. Neither Plaintiff or the children are to be on the premises at the time of Defendant's entry. Defendant's entry shall not exceed one half hour per visit. Defendant shall not be allowed on the premises unless accompanied by a mutually agreeable third party chosen from Richard Pawelski, Robin Furjanic or Deirdre Kosling. If none of them are available at the agreed-upon entry, the Plaintiff shall make arrangements to have a licensed Pennsylvania Constable accompany the Defendant. Defendant shall reimburse Plaintiff for the costs incurred in connection:' { therewith. (a: `. x By the v? 7) Edward E. Guido, J. /Samuel L. Andes, Esquire For the Plaintiff /Robert Burns, Pro se 402 Pawnee Drive Mechanicsburg, PA 17050 Sheriffs I C) srs LAUREN A. BURNS, IN THE COURT OF COMMON PLEAS OF Plaint_ff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT K. BURNS, Defendant NO. 2007-5908 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of August, 2011, the Petition is granted, and it is ordered and directed that the Defendant's Social Security number be deleted from all public records. By the Court, Edward E. Guido, J. ?Samuel L. Andes, Esquire ?For the Plaintif't oppia1 / Robert Burns, Pro se piA 402 Pawnee Drive Mechanicsburg, PA 17050 Sheriff -,Ck k-\d .. cco' /, u-a, J 1 srs r't 0 U i 0 C" -e 1. LAUREN A. BURNS, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 07-5908 CIVIL ACTION ROBERT K. BURNS, ) Defendant ) IN DIVORCE STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff, Lauren A. Burns, intends to proceed with the above-captioned matter. Dated: 9/4/2014 IF ramuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 4`f PFC S, Case No STATEMENT OF INTENT ON TO PROCEED To the Court: eariAt 1W intends to proceed with the above captioned matte Name �� •r / l +/1r11dJ�ign Name C e,'./ Date: Attorney for IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed.