The URL can be used to link to this page

Home My WebLink About10-3774Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff ~~,, ~~~ .,- ~u-tit"r~v~~„ '~F ~~ P~~ ~ F~n~,.kNARY 20f 11 JU~i -7 f'N 2: ! 2 ~Er~i"~~YLV~t~~; DARA K. BURKE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. . NO. ~ d~ 377` ~~Rl~~'~. MICHAEL T. BURKE, Defendant IN DIVORCE/CUSTODY N TILE 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 serve, 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, including custody or visitation of your children. 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 COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 3 ~ ss., o~ J 3 9. sd - ~~~ ~~ dr~~a- s sal, oo P~~y ~~f~ ,~,.~ ~.y31'~ AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Se usted desea defenderse de las demandas que se prsentan mas adelante en las siguientes paginas, debe tomaz accion dentro de los proximos veinte (20) dial despues de la notification de esta Demands y Aviso radicando personalmente o por medio de un abogado una compazecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomaz accion Como se describe anteriormente, el caso puede proceder sin usted y un fall por cualquier soma de dinero reclamada en la demands o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes pars usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A LINO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disable 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. CUMBERLAND COUNT BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 4 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff DARA K. BURKE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW . NO. MICHAEL T. BURKE, Defendant IN DIVORCE/CUSTODY COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(dl AND NOW, comes the above Plaintiff, Dara K. Burke, by and through her attorney, Marianne E. Rudebusch, Esquire, and seeks to obtain a decree in divorce from the above- named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Dara K. Burke, is an adult individual who resides at 6 Rockledge Court, Carlisle, Cumberland County, Pennsylvania, 17015. 2. The Defendant, Michael T. Burke, is an adult individual who resides at 5840 Spring Tree Court, Enola, Cumberland County, Pennsylvania, 17025. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 5 4. The Plaintiff and Defendant were married on 4/8/06. 5. Plaintiff avers that there is one minor child to the parties. 6. The Plaintiff and Defendant aze both citizens of the United States of America. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding aze: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant sepazated on or about 6/1/10. 6 C NT I CLAIM FOR EOUITAB,~E DISTRIB~,TTION OF MA_R~TAL PROPERTY ENDER SECTION 3502 OF THE DIVORCE CODE 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 12. Plaintiff and Defendant are the owners of real estate, motor vehicles, bank accounts, insurance policies, pensions, retirement benefits and other personal property acquired during the marriage which is subject to equitable distribution by this Court. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. 14. Plaintiffrequeststhfs Court to equitably distribute the parties' marital property. COUNT II CUSTODY 15. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 14 of this Complaint. 16. Plaintiff seeks primary physical custody of the following child: Name Date of Birth Age Ryan Thomas Burke 3/31/09 1 17. The best interest and permanent welfaze of the child will be served by granting the relief requested because: a. The Plaintiff has been the primary care giver of the child and has provided the child with consistent and loving Gaze. b. Plaintiff is willing and able to continue to provide proper caze and supervision to the child. c. Plaintiff can provide a stable and loving environment to the child. 18. The minor child has resided at 5840 Spring Tree Court, Enola, Cumberland County, Pennsylvania with the Plaintiff and Defendant since birth. 19. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the child in this or another Court, nor does she know of a person nor a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with the child. 20. The Plaintiff requests that a reasonable visitation schedule be set up by the Court regazding visitation of the parties' minor child by Defendant. WHEREFORE, Plaintiff respectfully requests this. Honorable Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; and b. equitably distributing all property owned by the parties hereto; and s c. to grant primary physical custody of the parties minor child to the Plaintiff with liberal partial physical custody to the Defendant; and d. for such further relief as the Court may determine to be equitable and just. Respectfully Submitted, ,` ~r Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: -a ~~ 9 VERIFICATION I verify that the statements made in the foregoing aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: I~s~~ y I ' ~U (' ~~'i Daza K. Burke Date: ~~~-10 7. Additional information, if any, relevant to the motions: None. DATE L? v Kara W. Haggerty, Esgq ' e Attorney for Plaintiff L ANDNO[? 4 2012, ditW T , Esquire, is appointed Master with respect to the following claims: BY THE COURT, J. M 7E. ?Qhr Cini? ?GiG+?'bu fCh, ?' z '0 ` ?+; C'S . `? c cal jq/, c`:' c MOVING PARTY NON-MOVING PARTY Kara W. Haggerty, Esquire Marianne Rudebusch, Esquire 2 West High Street 4711 Locust Lane Carlisle, PA 17013 Harrisburg, PA 17109 (717) 249-0900 (717) 657-0632 kwh&abomkutulakis.com meresquireQcomcast.net Marianne 1=;. Rudebusch, t"squire 4711 Locust Lane Ilarrishurg„ PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff _ ! ri 1. I1 ulk DARA K. BURKE, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-3774 MICHAEL T. BURKE, : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S INCOME AND EXPENSE STATEMENT UNDER RULE 1920.31 I hereby file the Statement of`Income and FxPenscs required under Rule 1920.31 and verity that the information therein contained is true and correct to the best of`my knowledge, information and belief. 1 understand that false statctrrents hereitt are trade subject to the. Penalties o1' 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. Date: "D --I- 0 Kara K. Burke INCOME AND EXPENSE STATEMENT OF DARA K. BURKE Employer: The Hospital & Health System Association of PA Address: 4750 Lindle Road, Harrisburg, PA 17111 Type of Work: Human Resources Generalist Payroll Number: Pay Period (weekly, bi-weekly, etc): semi-monthly Gross Pay Per Pay Period: $2,274.21 Itemized Payroll Deductions: Federal Withholding -$198.11 Social Security -$83.61 Local Wage Tax -$33.76 State Income Tax -$64.78 Unemployment -$1.82 Medicare Tax -$28.87 LST Tax -$2.17 Hepac -$2.00 Ppo Pretax Prem -$86.53 Retirement (401 k) -$90.97 United Way -$6.50 Unreimb Med -$77.50 Accident Insurance -$15.60 Health Insurance -$125.00 Pension Contribution Net Pay Per Pay Period: $1,456.99 Other Income: Monthly Interest - CD & Bonds Dividends Pension Annuity Yearly Social Security Rents Royalties Expense Account Unemployment Compensaion Workmen's Comp. Gifts Child Support Spousal Support/Alimony TOTAL EXPENSES HOME: Mortgage/Rent Maintenance & Lawn Utilities: Electric Gas Oil Sewer Telephone/TV/Internet Cell Phone Water Refuse City EMPLOYMENT: $3,154.38 $37,852.60 Monthly Yearly $1,295.00 $15,540.00 $100.00 $1,200.00 $130.00 $1,560.00 $89.00 $1,068.00 $35.00 $420.00 Public Transportation Lunch $0.00 TAXES: Real Estate $0.00 Personal Property $0.00 INSURANCE: Renters $10.00 $120.00 Automobile(s) $65.00 $780.00 Life Accident Health AUTOMOBILES: Payments $261.52 $3,138.24 Fuel (all vehicles) $210.00 $2,520.00 Repairs/Maintenance $35.00 $420.00 MEDICAL: Doctor $40.00 $480.00 Dentist Orthodontist Hospital Medicine $50.00 $600.00 Special Needs (glasses $41.00 $492.00 braces, etc.) EDUCATION: Daycare $500.00 $6,000.00 Parochial School College Religious $20.00 $240.00 PERSONAL: Clothing $200.00 $2,400.00 Food $300.00 $3,600.00 Barber/Hair Dresser $108.00 $1,296.00 Credit Payments Credit Card $250.00 $3,000.00 Charge Accounts Memberships (AAA) $7.25 $87.00 LOANS: Credit Union Line of Credit MISCELLANEOUS: Child Care/Babysitting Papers/Books/Magazines $12.50 $150.00 Entertainment $150.00 $1,800.00 Pay TV Vacation $40.00 $480.00 Gifts $40.00 $480.00 Legal Fees $250.00 $3,000.00 Charitable Contributions $16.00 $192.00 Child Support Alimony/Spousal Support Tax Preparation $25.00 $300.00 TOTAL EXPENSES $4,280.27 $51,363.24 ?I :FrPr CLOCK VCH W Q52 87X 094073 E11000 0000190045 1 Earnings Statement J, 2 HOSPITAL & HE=ALTH SYSTEM ASSOC OF PA Period Ending: 05/15/2012 47,50 LPVDLE ROAD Pay Date: 05/15/2012 HARRISBURG, PA 17111 Taxable Marital Status: Married Exemptions/Allowances: f=ederal: 0 PA: N/A DARA K. BURKE 6453 CREEKBEND DRIVE MECHANICSBURG PA 17050 Social Security Number: XXX-XX-3483 Earnings rate hours this period year to date Regular 2274.21 2,274.21 20, 467.89 Vacation 3,209.65 Your federal taxable wages this period are f"ii?a8aayf' $,2 21 23,677.54 $1 , 899.90 Other Benefits and Deductions Statutory Information this period / total to date Federal Income Tax -198.11 ? 21159.15 Group Term Life 5.69LI51 .17 Social Security Tax -83.61 887.35 Personal Bal. 7 50 Medicare Tax -28.87 ? 306.35 . Sick Balance 191 25 PA State Income Tax Ham d T I -64.78 / 681.56 . Vacation Bal. 198.75 p en wp ncome Tax -33.76 355.19 PA SUI/SDI Tax -1.82/ 18.94 Other Accident Insura 15.60 46.80 Checking Acct 1 -1,456.99 Depend Care -125.00 1,125.00 Hapac -2.OOf 12.00 Lst Posttax -2.17t? 19.45 Ppo Pretax Prem -86.53*? 778 77 United Way -6.50' . 58.50 Unreimb Med -77.50*? 697.50 401K -90.97 947.12 Net Pad.. ..... C ;4d * Excluded from federal taxable wages /HFi1P? L'.i U;:1 = rl Lr! r - 02000nfv im J_Jr,_rJ .r. uJU::'r rrl .,Jt 11 T611 JY'rJ _l HOSPITAL & HEALTH SYSTEM ASSOC OF PA Advice number: 00000190045 4750 LINDLE ROAD Pay date- _ 05/15/2012 HARRISBURG, PA 17111 Deposited to the account of = _ = =account number transit ABA amount DARA K. BURKE ? - xxxxxx8703 xxxx xxxx $1,456.99 NON-NEGOTIABLE CERTIFICATE OF SERVICE AND NOW, this 3 day of Iql , 2012, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Kara W. Haggerty, Esquire 2 West High Street Carlisle, PA 17013 Attorney for Defendant r' By: Katherine A. Frey 0 2 t Marianne B. Rudebusch, Esquire 4711 Lo(,ust 1_. Ine a If-' _ _ Fill, 1`' Ilarrisburg, PA 17109 '°` `Y' ?`, ?.- 717-677-0632 Id. No. 63522 f, c Attorney for Plaintiff DARA K. BURKE, IN THE, COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-3774 MICHAEL T. BURKE, : CIVIL ACTION -LAW Defendant : IN DIVORCE INVENTORY UNDIJ RULE 1920.33 Plaintiff. Dara K. Burke, files the following inventory of all property awned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that flalse statements herein are made subject to the penalties of 18 Pa.C'..5. Section 4904 relating to unsworn falsification to authorities, Late: Dara K. Burke ASSETS OF PARTIES PLAINTIFF MARKS ON THE LIST BELOW THOSE ITEMS APPLICABLE TO THE CASE AT BAR AND ITEMIZES THE ASSETS ON THE FOLLOWING PAGES. (X) 1. Real Property () 2. Motor Vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of Deposit () 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit box(s) () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties O 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits - severance pay, worker's compensation claim/award () 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits (X) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distri- bution of such assets is in dispute) () 26. Other MARITAL PROPERTY PLAINTIFF LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAVE A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AS OF THE DATE OF THE SEPARATION OF THE PARTIES: ITEM NU MBER DESCRIPTION NAMES OF OF PROPERTY ALL OWNERS 1. 5840 Spring Tree Court Husband and Wife Enola, PA 17025 6. Member's 1 st Savings Account Husband and Wife 18. Pension through employer Wife 19. 401(k) Wife 19. 401(k) Husband 23. 529 Plan for parties' son Wife 25. Household goods and furnishings Husband and Wife NON-MARITAL PROPERTY PLAINTIFF LISTS ALL PROPERTY IN WHICH A SPOUSE HAS A LEGAL OR EQUITABLE INTEREST WHICH IS CLAIMED TO BE EXCLUDED FROM MARITAL PROPERTY: ITEM NUMBER DESCRIPTION OF PROPERTY REASON FOR EXCLUSION 25. Toddler bed Wife purchased item PROPERTY TRANSFERRED PLAINTIFF LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES ',HAD A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AND WHICH HAS BEEN TRANSFERRED WITHIN THE PRECEDING THREE YEARS: ITEM DESCRIPTION DATE F CONSIDER- PERSON TO NUMBER OF PROPERTY TRANSFER ATION WHOM TRANSFERRED LIABILITIES PLAINTIFF LISTS ALL LIABILITIES OF EITHER OR BOTH SPOUSES ALONE OR WITH ANY PERSON AS OF THE DATE OF SEPARATION: ITEM DESCRIPTION NUMBED OF PROPERTY NAMES OF ALL CREDITORS NAMES OF ALL DEBTORS 24. Mortgage on marital Chase Mortgage Husband and Wife home CERTIFICATE OF SERVICE AND NOW, this day of , 2012, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Kara W. Haggerty, Esquire 2 West High Street Carlisle, PA 17013 Attorney for Defendant By: atherine A. Frey ABOM & &UTLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 MICHAEL BURKE, Plaintiff V. DARA KAY BURKE, Defendant C-) C 1 M r x ;= r? ?? ? Qom? --4 M IN THE COURT OF COMMON PLRAS CUMBERLAND COUNTY, PA NO. 10-3774 CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in divorce under §§ 3301(c) and 3301(d) of the Divorce Code was '1 i4> 0- filed on June 1, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in 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: MICHAEL BU , laintiff C-) t? -am e- OM & LITULAKIS - ' ,--x --4a Kara W. Haggerty, Esquire *n Attorney LD. #: 86914 C:) 2 West High Street f j Carlisle, PA 17013 (717) 249-0900 N+ MICHAEL BURKE, Plaintiff V. DARA KAY BURKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-3774 CIVIL ACTION - LAW IN DIVORCE 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 if I do not claim them before a divorce is granted. 1 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 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: 0 ( ?J MICHAE BUR P1ai ABOM & - &UTLiLAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 MICHAEL BURKE, Plaintiff V. DARA KAY BURKE, Defendant Cl) , 'fit", ?? --t N ? a z; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-3774 CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in divorce under % 3301(c) and 3301(d) of the Divorce Code was Co filed on June 1, 201 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in 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. (? ))? ), Z-' Date. DARA KAY BURKE, Defendant OM & CITLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 MICHAEL BURKE, Plaintiff V. DARA KAY BURKE, Defendant n c- x -o rn r 2p >" = : O . 0 C - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-3774 CIVIL ACTION - LAW IN DIVORCE 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 if I do not claim them before a divorce is granted. 1 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 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: ()2 Jz- ,QaLaaf &A-P? DARA KAY BURKE, Defendant MICHAEL BURKE, Plaintiff V. DARA KAY BURKE, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-3774 CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT 2 &' day of J", 2012, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated June 26, 2012, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: `Kara W. Haggerty, Esquire Attorney for Plaintiff Marianne E. Rudebusch, Esquire Attorney for Defendant gyp`, e /ect n 9 c N -o 3 0 co q rn o -In MICHAEL BURKE, Plaintiff VS. DARA KAY BURKE, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10 - 3774 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, June 26th, 2012. This is the date set for a conference in the above-captioned proceedings. Present in the hearing room are the Plaintiff, Michael Burke, and his counsel, Kara W. Haggerty, and the Defendant, Dara Kay Burke, and her counsel, Marianne Rudebusch. This action was commenced by the filing of a complaint in divorce on June 7, 2010, raising grounds for divorce of irretrievable breakdown of the marriage. With respect to the grounds for divorce, the parties have signed and dated affidavits of consent and waivers of notice of intention to request entry of divorce decree today. The affidavits and waivers will be filed with the Prothonotary's Office. The complaint also raised an economic claim of equitable distribution. No claims have been raised by either party for alimony or counsel fees and expenses. An agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications, except for correction of typographical errors which may be made during the transcription. Therefore, when the parties leave the hearing room today they are bound by the terms of the agreement even though they have not subsequently signed the agreement affirming the terms of settlement. The agreement is going to be transcribed and presented to the parties for signature which will be the affirmation by the parties by signing. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on April 8, 2006, and separated June 1, 2010. The parties have a minor child who currently is in the custody of the mother with the father having rights of partial custody. BY MS. HAGGERTY: 1. The parties have divided to their satisfaction all items of personal property between themselves. 2. The parties are the joint owners of marital real estate located at 5840 Spring Tree Court, Enola, Pennsylvania, 17025. Husband shall refinance the marital home and remove wife's name from all obligations related to C, the mortgage. In exchange wife shall execute a deed signing her interest in said real estate over to husband. Husband shall refinance the marital home within 90 days from the date of this agreement. Should husband require a signed deed to effectuate the refinance, wife shall sign the deed and have it held in escrow with wife's attorney pending the settlement on the refinance. Wife's attorney shall provide husband through husband's attorney a copy of the signed deed to be used for the refinance. Husband shall be solely financially responsible for maintaining the marital residence and indemnify and hold harmless wife from said obligation. 3. Each party shall retain sole ownership of any retirement, 401(k), and/or pension plans held in their names. Neither party seeks any payment from those plans from the other. 4. The parties have a 529 plan for the education fund for their minor child, Ryan Burke. It is agreed that wife shall remain primary owner on the 529 plan with husband listed as a successor owner. Wife shall provide husband with quarterly statements on said plan showing that no withdrawals have been made from said account. 5. Wife agrees to return the engagement ring to husband. This exchange shall occur within 90 days of the date of this agreement. 6. Neither party has at the present time or shall incur any debts for which the other party shall be responsible from the date of this agreement going forward. 7. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including, without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. BY THE MASTER: Q Ms. Burke, you heard the statement of the agreement on the record? A Yes. Q Do you have any questions about it? A No, I don't. Q Do you understand it? A Yes, I do. Q And you understand that when you leave the room today here, the hearing room, you are bound by this agreement even though you have not subsequently signed the agreement affirming the settlement? A Yes, I understand. Q All right. And, Mr. Burke, have you understood the terms of the agreement that have been placed on the record? A I do. Q And do you have any questions about those terms? A I do not. Q And you understand, likewise, that you're bound by this agreement even though there is no subsequent signing of the agreement and you're bound when you leave the hearing room today? A I understand. Michael ur Plaintiff Kara W. Hagge , Counsel for iff C.IL&I. Liu ems Dara Kay Burke, Defendant Marianne Rudebusch, Counsel for Defendant r Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff Fl D-OFFICE OF THE ?,AOTHNOTA Y 2812 JUL -3 PM 3 04 CU p? COUNTY %WYLVANIA • DARA K. BURKE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-3774 MICHAEL T. BURKE, : CIVIL ACTION - LAW Defendant : IN DIVORCE/CUSTODY ACCEPTANCE OF SERVICE I, Ann V. Levin, Esquire, Attorney for Defendant in the above captioned divorce/ custody action, hereby accept service of Plaintiff's Complaint in Divorce/Custody, and certify that I am authorized to do so. V By: Ann V. Levin, Esquire Attorney for Defendant Dated: ? - d-1- /a ,4BOM & LITLILAKIS Kara W. Hai?gcrty, Esquire Attorney I.D. Flo.: 86914 2 West I [igh Street Carlisle, Pennsyh-ama 17013 (717) 249-0900 DARA K. BURKE, Plaintiff V. MICHAEL T. BURKE, Defendant To the Prothonotary: FILEU--4FFICE THE PROTROUOTAR', 2412 JUL -3 PM 3:04 CUM A?{D COUNTY P?SYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-3774 CIVIL ACTION - LAW IN DIVORCE Transmit the record, together with the following information, to the court for entry of a divorce decree: 1) Ground(s) for Divorce: a) Irretrievable Breakdown under §3301(c) of the Divorce Code. 2) Date and manner of service of the Complaint: a) June 21, 2010 by Ann V. Levin, Esquire 3) Related claims pending: a) None. 4) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a) by Plaintiff: June 26, 2012; by Defendant: June 26, 2012 5) Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a) by Plaintiff: June 26, 2012 ; by Defendant: June 26, 2012 Respectfully submitted, DATE C 1 C'--5 1 Z- Aao4& KuTu-L4"S, L.L.P Kara W. Haggerty, Esq>,,ire Supreme Court ID #894 2 West High Street ` Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff DARA K. BURKE V. MICHAEL T. BURKE AND NOW, C1„,c4 12- , it is ordered and decreed that DARA K. BURKE , plaintiff, and DIVORCE DECREE MICHAEL T. BURKE bonds of matrimony. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3774 , defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, -,2 - ("0,// edf f /l?ailpC?? 7? v?Edv-sG?J 4,1 V