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HomeMy WebLinkAbout01-2415EDWARD E. BURTON, Plaintiff VS. DEBORAH A. BURTON, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001 -o~q/Y CIVIL TERM : 1N DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other fights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator - Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 The Court of Common Pleas of Curnbefland County is required by law to comply with the Americans with Disabilities 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 heating. James J. Kayer, Esquire Attorney for Plaintiff 4 East Liberty Avenue Carlisle, PA 17013 (717) 243-7922 EDWARD E. BURTON, Plaintiff VS. DEBORAH A. BURTON, Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 2001 - dy/S" : 1N DIVORCE CIVIL TERM COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE COMES NOW, Plaintiff Edward E. Burton, through her attorney, James J. Kayer, Esquire and avers as follows: COUNT I - DIVORCE 1. Plaintiffis Edward E Burton, an adult individual, whose current address is 5345 Oxford Circle, #60, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Deborah A. Burton, an adult individual, whose current address is 4070 Fawn Drive, Harrisburg, Dauphin County, Pennsylvania, 17101. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married July 23, 1994 on in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce filed in this matter. 6. Plaintiff and Defendant are not members of the United States Armed Forces. 7. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. 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. WHEREFORE, Plaimiff requests the court to enter a decree of divorce. Respectfully submitted, Date: / Jam~S J. KayCr, Esq{xire 4 LilJerty Avenue carqsle, PA ~7013 (717~ 243-7922 VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my cotmsel and myself in the preparation of this action. The language of the document may, in part, be the language of my coLmsel an~t not my ovm. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct Io the best of my knowledg% information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in mak/ng this Verification. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904, relating to uns~vorn falsification to authorities. Kayer and Brown A Professionar Corporation Liberty Loft · 4E. Liberty Avenue · Carlisle, PA 17013 (717) 243-7922 EDWARD E. BURTON, Plaintiff VS. DEBORAH A. BURTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001 - 2415 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1920.4fa)(lj¢i) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is the attorney for plaintiff, EDWARD BURTON, and that he did serve a true and correct copy of the Complaint in Divorce that was filed in the above matter, by U.S. Mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the Defendant, DEBORAH A. BURTON, on May 2, 2001. The receipt form is attached hereto. Jame~'J. Kay,~r, ESquire / i Sworn to and subscrihed-~fore m',~ ~is 3ra dayof April 2001 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Priht yo~r name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article PS Form A. Received by (P/ease print Clearly) B. Cate of Delivery C. Signature D, ~s d~eh'veTad~r~m~ diff~emn~em~T~[]L~y;?ressee If YES. enter delivery address below: [] No '~3., ~! 4 i~J Mail ~ Mail  red g~-Heturn Receipt for Merchandise toured Mail ~1 C.O.D, 4. Restricted Delivery? (Extra Fee) ~ NOTARIAL SEAL Vickie J, Group, Notary Public Borough of Carlisle, County of Cumberland My Commission Expires Aug. 30, 2004 EDWARD E. BURTON Plaintiff DEBORAH A. BURTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 2415 ClVlL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divome under Section 3301(c) of the Divorce Code was filed on April 24, 2001. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 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's Office. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Edward E. Burton, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. 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 Edward E. Burton EDWARD E. BURTON Plaintiff DEBORAH A. BURTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 2415 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 24, 2001. 2. The mardage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. ~' 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 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's Office. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court raquire that my spouse and I participate in counseling. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Deborah A. Burton, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. 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 Deborah A. Burton PETER J. RUSSO, ESQUIRE Supreme Court ID: 72897 5010 E. Trindle Road Suite 200 Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Defendant EDWARD E. BURTON Plaintiff DEBORAH A. BURTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 24t5 CIVIL TERM IN DIVORCE ENTRY OF APPEARANCE OF COUNSEL Kindly enter my appearance on behalf of Edward E. Burton, Plaintiff in the above metier. Dated: September 5, 2001 'Peter J. Russo 5010 E. Tdndle Road Mechanicsburg, PA 17050 (717) 591-1755 PETER J. RUSSO, ESQUIRE Supreme Court ID: 72897 5010 E. Trindle Road Suite 200 Mechanicsburg, PA 17050 (717) 591-1755 Attorney for Defendant EDWARD E. BURTON Plaintiff DEBORAH A. BURTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 2415 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Meiissa M. Mehaffey, hereby certi~ that I am on this day serving a copy of the ENTRY OF APPEARANCE upon the person (s) and in the manner indicated below, certified, return receipt requested, and Addressed as Follows: Date: September 5, 2001 Deborah Burton 470 Fawn Drive Harrisburg, PA 17011 Melissa M. Mehaffey PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Edward E. Burton Plaintiff V= Deborah A. Burton Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-2415 CIVIL TERM IN DIVORCE PROOF OF SERVICE OF PLAINTIFF'S AFFIDAVIT UPON DEFENDANT AND NOW, COMES, Peter J. Russo, Attorney for Plaintiff, Edward E. Burton, and certifies that on September 6, 2001 he did hand deliver to the Defendant, Deborah A. Burton the Affidavit of Defendant Under Section 3301(c) of the Divorce Code requesting her signature thereon. Date: ~ ~'~\©\ ~p_.~ffully su~, Peter O. Russo 5010 E. Tdndle Road Mechanicsburg, PA 17050 (717) 591-1755 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Edward E. Burton Plaintiff Deborah A. Burton Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-24'15 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divome decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301( c ) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint served on Deborah A. Burton by Certified Mail, with return receipt on May 2, 2001 3. Date of execution of the plaintiffs affidavit required by Section 3301(c) of the Divorce Code: September 5. 2001. Date of service of plaintiff's affidavit on defendant: September 2001. Date of execution of the defendant's affidavit required by Section 3301(c) of the Divorce Code: September 6, 2001, Date: Related claims pending: None Re .s. pectfully submitted, Peter O. Russo PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 5010 E. Trindle Road Mechanicsburg, PA 17050 (717) 591-1755 Edward E. Burton Plaintiff Deborah A. Burton Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-2415 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I,, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the foregoing documents upon the person (s) and in the manner indicated below; Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Deborah A. Burton 4070 Fawn Drive Harrisburg, PA 17011 Melissa M. Mehaffey/,~Par§legal iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. EDWARD E. BURTON PLAINTIFF N O. 2415 2001 VERSUS DEBORAH A. BURTON DEFENDANT DECREE IN DIVORCE AND NOW, (~d~ ~ , ~::;0 / , IT IS ORDERED AND DECREED tHAT EDWARD E. BURTON AND DEBORAH A. BURTON ~ PLAINTIFF, ~ 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; NONE PROTHONOTARY