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HomeMy WebLinkAbout04-2597SUSAN L. BURRUSS, Plaintiff VS. WILLIAM J. GILL, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : : IN DIVORCE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland~County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (71~) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA SUSAN L. BURRUSS, Plaintiff Defendant VS. WILLIAM J. GILL, : NO. 04-2597 CIVIL : CIVIL ACTION - LAW : IN DIVORCE .AFFIDAVIT OFkSERVICE AND NOW' this ~~ °f~?~'~ ,2004 personally appeared Jane M. Alexander, Esquire who sw4rs, r~ccording to law, that a true and correct copy ora COMPLAINT was caused to be served by certified mail with return receipt requested upon the said, William J. Gill 136 Shell Street Harrisburg, PA 17109 on June 16, 2004_ by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. Sworn and subsc~d before me this ~-~ . day of ~..)c,--,,-,.-~ _, 2004. I Yard E. Alexander, No.fy P~bli¢ ] Dillsburg Boro, York C~IIRy LMy Commission Expires Apr. 23, 200~ Member, Pennsylvania/~ ssociation of Notalfes .~e M. Alexander,'F~uir~ /~ at~qrneny, I.D. #07356 148 S. Baltimore Street Dillsburg, PA 17019-0421 (717) 432-4514 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA SUSAN L. BURRUSS, : Plaintiff : : NO. 04-2597 CIVIL VS. : _. WILLIAM J. GILL, : CIVIL ACTION - LAW Defendant : IN DIVORCE PROOF OF SERVICE · Complete Rems 1, 2, and 3. Also complete item 4 ' ' ' .ired. · Print ~l~ll~l~e reveme ao that-W~?~dl~lj~lllJl~to you. · Attach th~l~l~f the mailpiece, or on the '~on~'r~space permits. 1. Article Addressed to: PS Form 3811, July 1999 [] Agent DYes If YES, enter delivery address below: [] No 3. S~rv~e Type Jj~Oe~tlfled Mail [] Express Mail [] Registered J~J~Rstum Receipt for Memhandl~e ~ [] IJlsured Mail [] O.O.D. ~. Restricted Deliver/? (Extra Fee) ~.Yes SUSAN L. BURRUSS, Plaintiff VS. WILLIAM J. GILL, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : : IN DIVORCE : NO. ~q .- #~'~'~ COMPLAINT UNDER SECTION 3301(c)OF THE DIVORCE CODE AND NOW, this ,_,~ay o~~.~,.~A,~_~..c, 2004, comes the Plaintiff, Susan L. Burruss, by her attorney~ne M. Alexander, Esquire, and files this Complaint upon a cause of action of which the following is a statement. 1. Plaintiff is Susan L. Burruss, who currently resides at 119 November Drive, Camp Hill, Cumberland County, Pennsylvania for five (5) months. 2. Defendant is William J. Gill, who currently resides at 136 Shell Street, Harrisburg, Dauphin County, Pennsylvania for three (3) years. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 13, 1994 at Williamsburg, Virginia. 5. There were no children born between the parties during the marriage. 6, There have been no prior actions of divorce or for annulment between the parties. 7. The parties have not entered into a written agreement as to alimony, counsel fees, cost and property division. 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. 9. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiff as to render her condition intolerable and life burdensome. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II 10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by reference and made a part hereof. 11. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT III 12. The allegations of Paragraph one (1) through eleven (11) are incorporated herein by reference and made a part hereof. 13. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. R?pectfully submitted, ~ttorney for Plaintiff y.D. No. 07355 //1D4i~ S°uth Baltim°re Street ,~Dillsburg, PA 17019 (717) 432-4514 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. S~ction 4904 relating to un-sworn fal~4c4tion to authorities. CO.~ONWEALTH/OF PENNSYLFANiS;san L. Burruss S.S. COUNTY OF YORK Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, personally appeared Susan L. Burruss who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, Susan L. Burruss Sworn to and subscribed before me this ~ EJZz day of ~ ~,..,.-~ ,2004. Notarial Seal Halyard E. Alexander, Notary 1Mbli¢ Dillsburg Boro, York Cowry My Commission Expires Ap~, 23. 200.5 MemOer. ~enn sv~vania A,ssoclation Of Notarfes IN THE COURT OF COMMON PLEAS CUMBERLAND cOUNTY, PENNSYLVANIA SUSAN L. BUR_RUSS, Plaintiff WILLIAM J' GILL, Defendant No. 2004-2597 CML Civil Action - In Divorce ENTRY OF APPEARANC~E TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance as attorney of record for thc Defendant, WILLIAM J- GILL, the above-capri°ned docket. By: Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO ~innick, Esqmre ID # 78413 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: June 23, 2004 SUSAN L. BURRUSS, ' Plaintiff : VS. WILLIAM J. GILL, ' Defendant : IN TIlE cOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. 04-2597 CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on June 9, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the 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 unsworn falsification to authorities. Dare: Susan L. Burruss SUSAN L. BURRUSS, VS, WILLIAM J. GILL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA. : : NO. 04-2597 : CIVIL ACTION-LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may- lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I 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 verif~ that the statements made in this affidavit, are true and correct. I understand that statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Susan L. Burruss SUSAN L. BURRUSS, VS. WILLIAM J. GILL, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. 04-2597 : : CIVIL ACTION-LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 9, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the 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 ;worn falsification to authorities. Date: Willi.~ SUSAN L. BURRUSS, VSo WILLIAM J. GILL, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO,. 04-2597 CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of diw)rce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce', is granted. 3. l understand that l ~vil! 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: SUSAN L. BURRUSS, PLAINTIFF VS. : WILLIAM J. GILL. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. 04-2597 CIVIL ACTION - LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ay of x.~_~ ~...~ ~ , 2004 by and between Susan L. Burruss of 119 Nov'ember Drive, Camp Hill, Cumberland County. Pennsylvania 17011 (hereinafter referred to as "WIFE") and William J. Gill. of 136 Shell Street, Harrisburg, Dauphin County, Pennsylvania 17109 (hereinafter referred to as "HUSBAND"). WlTNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on August 13, 1994 in Williamsburg, Virginia. WIFE instituted an action in divorce to No. 04- 2597 in the Court of Common Pleas of Cumberland County, Pennsylvania on June 9. 2004. The pleadings in the case requested dissolution of the marriage between the two parties and for such further relief that the Court may deem equitable and just; and WHEREAS, the parties have reached an agreement as to the settling of all matters relating to the divorce. There were no children born to the parties during this marriage. NOW, THEREFORE, in consideration of the promises and the mutual promises. covenants and undertakings hereinafter set forth and for other good and valuable Page I of 8 consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The terms of this Agreement and their effect have been fully explained to the WIFE by her counsel, Jane M. Alexander, Esquire. HUSBAND has been advised by his counsel, Bradley A. Winnick, Esquire. The parties acknowledge that they have received independent legal advice from counsel of their choice and have been fully informed as to their legal rights and obligations or have chosen not to do so. The parties understand the facts and acknowledge and accept this Agreement as fair and equitable. 3. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 4. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other Page 2 of 8 party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. DEBTS OF THE PARTIES: It is mutually agreed and understood by and between the parties that all joint debts have been paid including open accounts, credit cards, and bank liabilities. 6.1) The HUSBAND shall assume all liability for and pay and indemnify the WIFE against liability for all debts and bills in his name alone, particularly those incurred since date of filing Complaint in Divorce. 6.2) The WIFE shall assume all liability for and pay and indemnify the HUSBAND against liability for all debts and bills in her name alone, particularly those incurred since date of filing Complaint in Divorce. Page 3 of 8 7. PERSONAL PROPERTY: As to all items of personal property which the parties have divided to their mutual satisfaction, henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully effectually, in all respects and for all purpose as if he or she were not roan'led. Specific disposition of major items or personal property is as follows: 7.1) Bank Accounts: a) Each party has opened and maintained their own separate bank accounts since the time of separation. Neither party will make a claim against those funds. HUSBAND shall retain ownership of Commerce checking Account No. 0513397471. WIFE shall retain ownership of Commerce checking account No. 0800014748 and Commerce savings account No. 061630. 7.2) Vehicles: a) HUSBAND shall retain possession, title and sole ownership of the 2000 Toyota Camry which is titled in his name only, and be responsible for payments of any indebtedness thereon, if m~y. b) WIFE shall retain title and sole ownership of her 2000 Nissan Maxima, Page 4 of 8 which is titled in her name alone, and be responsible for payment of any indebtedness thereof, if any. 7.3) Stocks: Wife shall retain possession of her Pennsylvania Commerce Bancorp Inc. Stocks and Limited Brands stock. 7.4) Pensions: Stock options, Retirement funds, IRAs: a) HUSBAND shall retain his Vanguard Simple IRA Account No. 9955164872 and his Legg Mason Roth IRA Account No. 363-75747. b) WIFE shall retain her Legg Mason Roth IRA Account No. 363- 75746. 8. REAL ESTATE: a) The jointly owned property located at 136 Shell Street, Harrisburg, Susquehanna Township, Dauphin County Pennsylvania 17109 shall be conveyed to HUSBAND who shall refinance the existing mortgage thereon within sixty days of the signing of this agreement. He shall be responsible for all mortgage payments, insurance, real estate taxes, municipal services front date of separation to date of transfer of title. b) The jointly owned property located at 110 Sharps Road, Williamsburg, Virginia 23188-2568 shall be conveyed to WIFE within ten days of the execution of this agreement. She shall be responsible for payment of insurance, real estate taxes, municipal services from date of signing of this agreement to date of transfer of title. Page 5 of 8 9. SPOUSAL SUPPORT/ALIMONY: Neither party has or will make claim for spousal support and/or alimony. 10. EOUITABLE ADJUSTMENT In order to equitably divide the marital assets in accordance with the agreement of the parties WIFE agrees to pay HUSBAND the sum of $60,000 in the following manner: $30,000 at date of execution of this agreement and the signing of the Affidavit of Consent, Waiver of Notice and the deeds to the two properties, and $30,000 within ten days of the granting of the decree in divorce. 11. STATUS OF SETTLEMENT: The property settlement as provided herein between the parties shall be considered an equitable distribution of marital property and both parties waive any and all rights or claims which they may have been entitled to raise with respect to the issue of equitable distribution under the Provisions of the Pennsylvania Divorce Act. 12. The parties agree that simultaneously with the signing of this Agreement they will sign the necessary affidavits of consent and affidavits acknowledging notice of marriage counseling in order to conclude the divorce action filed by WIFE under the no-fault provisions of the Pennsylvania Divorce Act. 13. The waiver or unenforceability of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered to be a waiver of or forfeiture of right to Page 6 of 8 enforce any other term, condition, clause or provision of this Agreement. 14. This Agreement shall be construed and interpreted according to the laws of the Commonwealth of Pennsylvania. 15. It is understood and agreed that the heirs, administrators, executors and assigns of the parties hereto shall be bound by all the terms, conditions, clauses and provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seats the day and year first above written, intending to be legally bound. WITNESS BY: Jane M. Alexander, Esquire Attorney for Plaintiff~ Bradle~A./Winnick, Esquire Attorn4z~for Defendant Susan L. Burruss, Plaintiff William J. Gill, Defendant Page 7 of 8 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF YORK : S.S. On this, the o2-/~ day ofd~ct, T"c:~d~--~-~ ,2004, before me the undersigned officer, a Notary Public, in and for said Commonwealth and County, Personally appeared Susan L. Burruss, know to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that she executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the day and year aforesaid. Notarial Seal My Commission Expires: Halvard E. Alexander, Notary Pllblic Dillsburg Boro, York County My Commission Expires Apr. 23, 2005 Member, PennsvIvania AssociationotNotarles COMMONWEALTH OF PENNSYLVANIA : COUNTY OF YORK : S.S. On this, the [~t~i day of (~) ~)~ , 2004, before me the undersigned officer, a Notary Public, in and for said Commonwealth and County, Personally appeared WILLIAM J. GILL, know to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that he executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the day and year aforesaid. My Commission Expires: Page 8 of 8 Notarfal Seal S. Dawn Gladfeltar, Notary Public Dillsbur~l Bom, York Cdunty My Cornmiss~on Expires May 17, 2005 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN L. BURRUSS, VS. WI!.LIAM J. GILL, Plaintiff : : Defendant : No. 04-259~ ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: was sent certified mail. restricted delivery and was served to the Defendant June 16, 2004. (Complete either paragraph (a) or (b)) a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff October 4, 2004; by defendant October 15, 2004. b) (I) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) (a) Date of filing of Plaintiff's affidavit upon respondent: (b) Date of service of Plaintiff's affidavit upon respondent: 4. Related claims pending: All claims are settled and satisfied by Marriage Settlement Agreement dated September 27, 2004 signed by both parties. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file Pmecipe to transmit record, a copy of which is a~ached: (b) Date plaintiff's Waiver of Notice in Divorce was filed with the Prothonotary: October 19, 2004. (c) Date defendant's Waiver of Notice in Divorce was filed with the Prothonotary: .October 19. 2004. mey for Plaintiff IN THE COURT OF COMMON PLEAS SUSAN L. BURRUSS OF CUMBERLAND COUNTY STATE OF PENNA. N O. 04-2597 VERSUS WILLIAM J. GILL AND NOW, DECREED THAT DECREE IN DIVORCE SUSAN L. BURRUSS , IT IS ORDERED AND , PLAINTIFF, AND ~-~I,T,~L~I~ J. GILL , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY'. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COUR-: PROTHONOTARY