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Home My WebLink About08-4424KYLE C. BUR EY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008- Liq-1 ( CIVIL TERM LISA M. BURLEY, CIVIL ACTION-LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You ha J been sued in court. If you wish to defend against the claims set forth in the followin pages, you must take prompt action. You are warned that if you fail to do so, the cas may proceed without you and a decree of divorce or annulment may be entered again you by the court. A judgment may also be entered against you for any other claim or lief requested in these papers by the Plaintiff. You may lose money or property or of r rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Penn ylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FE PS OR EXPENSES BEFORE THE FINAL DECREE OF 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 WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATIO ABOUT HIRING A LAWYER. IF YOU TO PROVIDE LEGAL SERV CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER CES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 I I a KYLE C. BUR?EY, Plaintiff LISA M. BUR EY, Defendant 1. Eisenhower 2. 10 Terrace' 3. Commonwe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- -Iq a y CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DIVORCE COMPLAINT laintiff is Kyle C. Burley, an adult individual who currently resides at 409 ive, Carlisle, Cumberland County, Pennsylvania 17013. efendant is Lisa M. Burley, an adult individual who currently resides at w, Carlisle, Cumberland County, Pennsylvania 17013. laintiff and Defendant have been bona fide residents in the i of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. he Plaintiff and Defendant were married on November 28, 1982 in Cleveland, C yahoga County, Ohio. 5 parties. 6 7 have been no prior actions of divorce or for annulment between the he marriage is irretrievably broken. he Plaintiff has been advised of the availability of counseling and that he ight to request that the court require the parties to participate in 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. may have the Counseling. COUNT II - CUSTODY 9. P laintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 8 of this Complaint. 10. T he parties are the parents of four minor children, namely, Caitlin M. Burley, born October 13, 1993 Nicholas A. Burley, born May 27, 1996 Jessica T. Burley, born November 12, 1998 Noelle E. Burley, born November 12, 1998 The children were born in wedlock. he children are presently in the custody of Defendant at 10 Terrace View, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Lisa Burley 10 Terrace View April, 2006 Kyle and Lisa Kyle and Lisa Kyle and Lisa 409 Eisen Carlisle, Pennsylvania to Present rley 10 Terrace View April, 2006 Carlisle, Pennsylvania July, 2006 rley 178 Harbor Drive June, 2004 Richmond Hill, Georgia to June, 2006 rley 13 Catherine Lane October, 1999 Stafford, Virginia to June, 2004 natural father of the children is Kyle C. Burley, currently residing at Drive, Carlisle, Cumberland County, Pennsylvania, 17013. is married to the Defendant. r natural mother of the children is Lisa M. Burley, currently residing at 10 Terrace View, Carlisle, Cumberland County, Pennsylvania 17013. he is married to the Plaintiff. 11. the relationship of the Plaintiff to the children is that of natural father. The plaintiff c rrently resides with the following persons: ames Relationship 12. The relationship of the Defendant to the children is that of natural mother. The defendan Lam ntly resides with the following persons: Relationship aitlin M. Burley daughter icholas A. Burley son essica T. Burley daughter oelle E. Burley daughter 13. laintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the Ichildren. 14. ach parent whose parental rights to the children have not been terminated an the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right t custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none. WHER FORE, Plaintiff requests your Honorable Court to enter an Order awarding the Oarties shared legal and the Plaintiff shared physical custody of the children. COUNT III -EQUITABLE DISTRIBUTION 15. Plaintiff hereby incorporates by reference paragraphs 1 through 14 above. 16. he parties have acquired real estate, personal property, including automobiles, ank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which affects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: IT 0 IY44 4 A^ Michael A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, rolating to unsworn falsification to authorities. Date: I N ?G C? t_q C,l? {? KYLE BU LISA M. BU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.6S -41yZ? CIVIL TERM =Y, CIVIL ACTION-LAW Defendant IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Kyle Burley, an adult individual who currently resides at 409 Eisenhower Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Lisa M. Burley, an adult individual who currently resides at 10 Terrace View, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of four minor children, Caitlin M. Burley, born October 13, 1993 Nicholas A. Burley, born May 27, 1996 Jessica T. Burley, born November 12, 1998 oelle E. Burley, born November 12, 1998. children were born in wedlock. The children are presently in the custody of Defendant at 10 Terrace View, Carlisle, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Lisa Burley 10 Terrace View April, 2006 Carlisle, Pennsylvania to Present Kyle and Lisa Burley 10 Terrace View April, 2006 Carlisle, Pennsylvania July, 2006 Kyle and Lisa Burley 178 Harbor Drive June, 2004 Richmond Hill, Georgia to June, 2006 Kyle and Lisa Burley 13 Catherine Lane October, 1999 Stafford, Virginia to June, 2004 he natural father of the children is Kyle Burley, currently residing at 409 Eisenhower D ive, Carlisle, Cumberland County, Pennsylvania. F ie is married to the Defendant. T he natural mother of the children is Lisa M. Burley, currently residing at 10 Terrace Vi , Carlisle, Cumberland County, Pennsylvania. is married to the Plaintiff. 7he 4. the relationship of the Plaintiff to the children is that of natural father. The plaintiff currently resides with the following persons: Relationship ONE 5. he relationship of the Defendant to the children is that of natural mother. The defendan currently resides with the following persons: ames Relationship aitlin M. Burley Daughter icholas A. Burley Son )ssica T. Burley Daughter oelle E. Burley Daughter 6. laintiff has not participated as a party or witness, or in another capacity, in other litigati n concerning the custody of the children in this or another court. aintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. laintiff does not know of a person not a party to the proceedings who has physical custo y of the children or claims to have custody or visitation rights with respect to the Children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because both parties should have equal access to the children. 8. Each parent whose parental rights to the children have not been terminated an the person who has physical custody of the children have been named as parties to t is action. All other persons, named below, who are known to have or claim a right t custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none WHER FORE, Plaintiff requests your Honorable Court to grant him shared physical custody of the children. Date: I ' 17 I. A Respectfully submitted, O'BRIEN, BARIC & SCHERER fi&j. A Michael A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.d i r/domestic/burley/custody.com p VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I nderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. yte Burle DATE: 1 ?? f ' t KYLE BURLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA M. BURLEY DEFENDANT 2008-4424 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, July 25, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 02, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn . Mangan, r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to 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. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4W ilp? -u,,. payed 4?2 F Ir':t' Rte y? no YA 8Z ipir Cool -3 1, i- KYLE BURLEY, Plaintiff V. LISA M. BURLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4424 CIVIL TERM CIVIL ACTION-LAW AFFIDAVIT OF SERVICE I hereby certify that on July 30, 2008, the United States Postal Service served upon the defendant, Lisa Burley, the Divorce Complaint by Certified Mail as indicated by the Certified Mail Domestic Return Receipt attached hereto as "Exhibit A." Date: 94 4 k Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff ¦ mplete Items 1, 2, and 3. Also complete A. SVVUre lpm 4 N Restricted Delivery Is desired. X n? -6W ? t ¦ Lthat our name and address on the reverse ?I Addlessee we can return the card to you. B. Received by (Pnnfed Name) VI*V of this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: D. Is delivery address different from Item 11 ? Yes If YES, enter delivery address below. ? No (,...I SOI. ?j 01?/ 1 r `.1?Jlrl S?- ?.Q,1'1Y1S OUP\,lD? 3' '?'? Bi ed Mail ? Express Mall tered ? Return Receipt MerchefdIse ? Insured Mail ? C.O.D. 4. Restricted Delivery? Pft Fee) YW 2. le Number 7008 0150 0001 8366 0836 (narrater from serWce rates) - . PS Form 3811, February 2004 Domestic Return Receipt to2sesoz tit ts' "Exhibit A" =- . lw.? KYLE C. BURLEY, Plaintiff V. LISA M. BURLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4424 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as discontinued. Date: August 14, 2008 Respectfully submitted, O'BRIEN, BARIC & SCHERER ? /? 41^- Mic ael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff mas.d it/domestic/burley/discontin ue.pra CERTIFICATE OF SERVICE I hereby certify that on August 14, 2008, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Lisa M. Burley 10 Terrace View Carlisle, Pennsylvania 17013 c '7 4 J n i S. Lin y n ? -17 cz: (:7 X77 f, N + ?v ,: C} c} I KYLE BURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-4424 CIVIL TERM LISA M. BURLEY, CIVIL ACTION-LAW Defendant RULE TO SHOW CAUSE AND NOW, this / 7 day of May, 2012, upon consideration of Kyle C. Burley's Petition to Terminate Alimony, a Rule is issued upon the Defendant, Lisa M. Burley, to show cause, if any there be, why alimony should not be terminated as of November 1, 2011 and for payment of Kyle C. Burley's costs and expenses in enforcing the Marital Settlement Agreement. Lisa M. Burley shall file an Answer to the Petition within (PO days of service hereof. 17 A hearing is set in this matter for the day of 01+1."00P.44 2012, in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 Debra D. Cantor, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, Pennsylvania 17108 00 62S -rn.C,3_c LcL s/l2li? B URT, O W Edward E. Guido c `_ C:. ¦ KYLE BURLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4424 CIVIL TERM CIVIL ACTION-LAW V. LISA M. BURLEY, Defendant PLAINTIFF'S PRAECIPE TO WITHDRAW C„r-- PETITION TO TERMINATE ALIMONY mm ry TO THE PROTHONOTARY: 7, Kindly withdraw the Petition to Terminate Alimony filed by the Plaintiff on, Nay 1-', 2012, pursuant to an Agreement signed by the parties on June 5, 2012. Additionally, please cancel the hearing set for July 9, 2012 at 1:00 p.m. Respectfully submitted, BARIC S1CHERER LLC /! I Micfiffel A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Kyle C. Burley CERTIFICATE OF SERVICE I hereby certify that onN )I IM, [ [_, 2012, I, Andrea M. Ramos, secretary at Baric Scherer LLC, did serve a copy of the Plaintiffs Praecipe to Withdraw Petition To Terminate Alimony, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Debra D. Cantor, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, Pennsylvania 17108 Andrea W. Ra s