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Home My WebLink About05-5484McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdy@mwn.com Attorneys for Plaintiff NICOLE C. BURDICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. BENJAMIN M. BURDICK, Defendant 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 following pages, you musttake 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 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 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, 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC By Pamela L~ Purdy Attorneys for Plaintiff -2- McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdy(a)mwn.com Attorneys for Plaintiff NICOLE C. BURDICK, Plaintiff v. BENJAMIN M. BURDICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS - StlP~f ~tu~~ ~r1JL~ IN DIVORCE COMPLAINT IN DIVORCE Divorce Under 3301(c) or 3301(d) of the Divorce Code 1. Plaintiff is Nicole C. Burdick, of 3 Ovis Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Benjamin M. Burdick, who currently resides at 20 Stephen Road, Apt. 86, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 17, 2004. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The grounds on which the action for divorce is based are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After 90 days have elapsed from the filing of this Complaint, it is believed the parties will file Affidavits of Consent to a divorce. B. Section 3301(d): The marriage of the parties is irretrievably broken. Plaintiff and Defendant separated in November 2004. After April 17, 2006, Nicole C. Burdick intends to file an Affidavit alleging that the parties have lived separate and apart for a period of two years and that the marriage is irretrievably broken, and he anticipates that Defendant will not deny that the parties have been separated for a period of at least two years and that the marriage is irretrievably broken. 8. 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. Plaintiff hereby waives her right to such counseling. 9. Plaintiff requests the court to enter a decree of divorce. -2- WHEREFORE, Plaintiff requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. McNEES,WALLACE & NURICK LLC BY. Pamela L. Purdy Attorneys for Plaintiff Dated: October 19, 2005 -3- VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Dated: /U°v~' Uc~ ('~ 10. l ~1 ~, ~. '`~. c ~ ~ d ~_ ~ ~'\ ~% _ • r C~ <:' C: ,; ~~',T `.i ,J) S r. Yn -, McNEES WALLACE &NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717)232-8000 (717) 237-5300 facsimile ppurdyCo.mwn.com Attorneys for Plaintiff NICOLE C. BURDICK, Plaintiff v. BENJAMIN M. BURDICK, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5484 IN DIVORCE Please enter my appearance on behalf of Plaintiff in the above-captioned matter. McN Attorneys for P & NURICK LLC Dated: March 10, 2006 -. CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 10th day of March, 2006, a tnae and correct copy of the foregoing document was served by first-class mail upon the following: Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 Cantor Counsel for Plaintiff By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717)232-8000 (717) 237-5300 facsimile ppurdv .mwn.com McNEES WALLACE &NURICK LLC Attorneys for Plaintiff NICOLE C. BURDICK, Plaintiff v. BENJAMIN M. BURDICK, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5484 IN DIVORCE Please reinstate the Divorce Complaint in the above matter. McNEES WALLACE &NURICK LLC / ya'D. unto Attorneys for Plairififf Dated: March 10, 2006 NICOLE C. BURDICK, Plaintiff v. BENJAMIN M. BURDICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-5484 IN DIVORCE WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of Plaintiff, Nicole C. Burdick, in the above matter. B ~` Y Pamela L. Purdy I.D. #85783 115 Pine Street Harrisburg, PA 17101 (717) 221-8303 Dated: ~ Z~ , 2006 NICOLE C. BURDICK, Plaintiff v. BENJAMIN M. BURDICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-5484 Civil Term IN DIVORCE vu s ~rip~ TO THE PROTHONOTARY: Please reinstate the Divorce Complaint in the above-captioned matter. WALLAC,>/ & NURICK LLC I.D. No. 6 78 100 Pine reet P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 Attorneys for Plaintiff, Nicole C. Burdick Dated: December 13, 2006 .- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Joseph L. Hitchings, Esquire McShane &Hitchings, LLC 4807 Jonestown Road Suite 148 Harrisburg, PA 17109 De t Date: December 15, 2006 ~-? -i~ 4 ~ r ~ ~ r.. i NICOLE C. BURDICK, Plaintiff v. BENJAMIN M. BURDICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-5484 Civil Term IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in the above matter on behalf of Defendant, Benjamin M. Burdick. Dated: January ~~ 2007 o C7 ~- ~ -~~ " . `"""' •-s Cl ~E, i`~: ~ ~ -' ' :_ 2 ~ ~~ _ Z, ~~ L -~ C~1"1 ~ ~ -:, iV ~ --C NICOLE C. BURDICK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5484 Civil Term BENJAMIN M. BURDICK, IN DIVORCE Defendant : AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 20, 2005. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of 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. Section 4904 relating to unsworn falsification to authorities. f f. Nicole C. Burdick Date: April ~ 3 , 2007 ~, ~ ~ ~~ ~.~ ~~~ mow, ~. .., ~ '~ , .j~' C" Y ~"~~ :,.~.. N NICOLE C. BURDICK, Plaintiff v. BENJAMIN M. BURDICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5484 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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. 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 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. Section 4904 relating to unsworn falsification to authorities. ,_ Nicole C. Burdick ~ Date: April ~~ , 2007 ~ ;,{- ~ rn~ =' ~ i ~~ - ~1~7 -. _:. r • ~ ~..~ ~ '.~ l~ •~ j ~_= ..... (V ~~,?~ ~~ ~~~~, NICOLE C. BURDICK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5484 Civil Term BENJAMIN M. BURDICK, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 20, 2005. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~- m Burdick Date: April ~8 , 2007 C' c~ -.., O ~ ...~.r ~ - tY;'? ; ~ ~ ~~ ~ ~1"p 'T? ii`? ' ~~ lam? _~ ~ _ ~r-yY C' ,j'i -~ ~ t .,,` Q NICOLE C. BURDICK, Plaintiff v. BENJAMIN M. BURDICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.05-5484 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c1 OF THE DIVORCE CODE I consent to the entry of a final decree in 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. 3. I understand that I wiH 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. Section 4904 relating to unswom falsification to authorities. urdick Date: April ~ 8 , 2007 C"~ c p t-_- c~ --~s"1 t'!{ %-~ VIJ .._.+ £"~".4 ~+l :~ N Y McNEES WALLACE & NURICK LLC BY: Debra Denison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 facsimile dcantor(a~mwn.com NICOLE C. BURDICK, Plaintiff v. BENJAMIN M. BURDICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5484 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 divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: First class mail upon Counsel for Defendant on January 12, 2007. An Affidavit of Service was filed on January 23, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: April 13, 2007; by Defendant: April 18, 2007. Plaintiff s Affidavit was filed on May 1, 2007. Defendant's Affidavit was filed on May 9, 2007. 4. Related claims pending: N/A 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: May 1, 2007. Date Defendant's Waiver of Notice was filed with the Prothonotary: May 9, 2007. MCNEES WALLACE & NURICK LLC Y Debra D. Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Nicole C. Burdick Date: May 15, 2007 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Transmit was served by first-class mail upon the following: Joseph L. Hitchings, Esquire McShane &Hitchings, LLC 4807 Jonestown Road Suite 148 Harrisburg, PA 17109 ~...._. ermifer L. Ke ,Paralegal Dated: May 15, 2007 n ~ _~ Ca _ ~ -n ~~' - ` c~ ,,, - ;: . ~ . __- `_~' ;-, -s °.~ ,, + + + 1 N T'H E COU R7" OF COMMON PLEAS OF CUMBERLAND COUNTY + STATE OF ~ PENNA. NICOLE C. BURDICK ~~~ + Plaintiff 2005-5484 NO. + + + VERSUS BENJAMIN M. BURDICK + Defendant + DECREE IN + DIVORCE + + + + + AND NOW, 1 ~~ \ ~ ~ ~~a~ , IT IS ORDERED AND + Nicole C. Burdick DECREED THAT PLAINTIFF, + AND Benjamin M. Burdick 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 * BY THE COURT: + + ATTEST: J + PROTHONOTARY e + + + + ~ rJ-•°~' ~ ~ ~o-sP -S . ~~