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Home My WebLink About06-3560U. w COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA FAMILY DNISION -LAW KATHY P. McCORMAC No. ~j(P.. ~~ ~ ~~~, 1017 Tiverton Road Mechanicsburg, PA 17050 vs. BRENT A. BURGER 1017 Tiverton Road Mechanicsburg, PA 17050 NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court for: DNORCE ff you wish to defend against the Gaims set forth in the following pages, you must take prompt action. You are warned that H you fail to do so, the case may proceed without you and a dea'ee of divoroe or annulment may be entered against you by the court. A Judgment may also be entered against you far 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available for inspection in the Branch Office of tl~e Prothonotary in the Domestic Relations Office, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT tS 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 Phone: (717) 249-3166 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION - LAW KATHY P . McCORMAC No . tl G- 3S"GO ~u,..F Ti.~ 1017 Tiverton Road Mechanicsburg, PA 17050 S.S. #178-59-9801 vs. BRENT A. BURGER 1017 Tiverton Road Mechanicsburg, PA 17050 S.S. 194-60-0775 COMPLAINT IN DIVORCE COUNT I -DIVORCE Plaintiff, Kathy P. McCormac, respectfully represents: 1. Plaintiff is Kathy P. McCormac who currently resides at 1017 Tiverton Road, Mechanicsburg, PA 17050. 2. Defendant is Brent A. Burger who currently resides at 1017 Tiverton Road, Mechanicsburg, PA 17050. 3. Plaintiff and Defendant are sui juris and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of the Complaint. 9. The parties were married on August 13, 2005. A copy of the marriage certificate will be supplied. 5. Plaintiff avers that she has cause for divorce as follows: (a) That the marriage of the parties is irretrievably broken pursuant to ~3301(c) of the Divorce Code; and (b) The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff intends to submit an affidavit alleging that the parties have lived separate and apart for at least the time period specified in §3301 (d) of the Divorce Code. 6. There have been no prior actions of divorce or annulment between the parties. 7. The parties have entered into a written agreement as to support, alimony and equitable distribution by virtue of a Prenuptial Agreement entered into by the parties on August 9, 2005, and a second Agreement entered on February 13, 2006. 8. Plaintiff or Defendant is not in the military or naval services of the United States or its allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Action of 1990 and its amendments. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT III FOR APPROVAL OF ANY SETTLEMENT 9. Paragraphs 1 through 8 are incorporated herein by reference as set forth at length. 10. To the extent that a written settlement Stipulation in furtherance of the Agreements entered into by the parties as referenced in paragraph 7 above, might be entered into between the parties prior to the time of Hearing on this Complaint, Plaintiff desires that such written Stipulation be approved by the Court and incorporated into any Divorce Decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of Hearing in this Complaint, Plaintiff respectfully requests that, pursuant to X3104 and X3323 of the Divorce Code, the Court approve and incorporate such Agreement into the final Divorce Decree. Respectfully submitted, ~fjj,,, ~ ,~ ~y~~~ 1y~~ Kathy P. McCormac, Pro Se /o/~ ~ Cam. 7;'~. ~ . / 7asa I, Kathy P. McCormac, verify that the statements made in the foregoing writings and any attachments thereto are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: G ~a DL ~_~ ~ 719,E .a9irm~. Kathy P. McCormac ~"^„~ `~~ G ,~ rJ l.Ct (~ a ~ r` ~~~ t 'S -Tt ~~~.; N _~ i. 1 ~ -_ C"` KATHY P. MCCORMAC IN THE COURT OF COMMON PLEAS 1016 TIVERTON ROAD CUMBERLAND COUNTY, PENNSYLVANIA MECHANICSBURG, PA 17050 CIVIL DIVISION No. 06-3560 - CIVIL VS. BRENT A. BURGER 1016 TIVERTON ROAD MECHANICSBURG, PA 17050 PRAECIPE TO CHANGE ADDRESS The address should read: 1016 Tiverton Road NOT 1017 Tiverton Road Kathy P McCormac Date f , r.~ = - ;--, x. ~., -- C~ 1 c.,, _~ - -^-# ~ _ T ! .. _ .,,~ ~..f __% `y -_^ -~ i .. '«-3 _ C~;_ :.~, I I ~ '! I KATHY P. McCORMAC, Plaintiff vs. BRENT A. BURGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-3560 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court for special relief in this matter, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. At or near the time the parties were married they signed aPre-Nuptial Agreement which resolved, in advance, many issues relating to their property and property claims. 3. After the parties signed the Pre-Nuptial Agreement and were married, they entered into oral agreements involving the acquisition of the motor vehicle, the lending and borrowing of money between them, and the like. By the agreement of the parties at the time of these transactions, the transactions were outside of and not controlled by the Pre-Nuptial Agreement of the parties. 4. The parties separated in the fall of 2006. At the time of their separation, pursuant to an oral agreement between the parties, the Defendant paid Plaintiff $42,265.00 to repay she had loaned to him for various purposes, including the purchase of a 2006 Chevrolet Suburban motor vehicle. Defendant made that payment to Plaintiff on her express promise to transfer the title to that vehicle to Defendant's name alone. 5. Since receiving the payment from Defendant, Plaintiff has refused to transfer the title to the vehicle to Defendant. 6. Defendant borrowed most of the money he used to make the cash payment to Plaintiff from his credit union and agreed to pledge the title to the vehicle to secure that loan. Because Plaintiff has refused to deliver the title to him, he is not able to comply with the loan terms and, therefore, is technically in default of the loan. 7. Plaintiff has received the benefit of the cash payment made by Defendant to her and has refused to perform her obligations under the agreement between the parties pursuant to which Defendant made the payment. By her conduct, the Plaintiff has injured the Defendant. 8. The injury to Defendant is irreparable because it has impaired his credit, his standing with his credit union and his economic reputation and has placed him in a position where he appears to be someone who do not keep his word. That harm can only be corrected by Defendant receiving the title to the vehicle so that he can comply with the terms of his agreement with the credit union. WHEREFORE, Defendant prays this court to take the following action: A. Order Plaintiff to execute and deliver to Defendant the title to the 2006 Chevrolet Suburban automobile immediately upon presentation of the title to her; and B. Award Defendant his reasonable attorneys fees and costs incurred in recovering the title to the vehicle pursuant to this petition. Sa L. An s Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject_to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). ~-. Date: N A. CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: Beth Smolens Luce, Esquire 68 East Court Street P.O. Box 659 Doylestown, PA 18901-0659 Ms. Kathy P. McCormac 1017 Tiverton Road Mechanicsburg, Pa 17050 Date: 15 November 2006 Amy .Harkins ecretary for Samuel L. Andes r-a _ L :~ ~~ m~ ` ~`5. ~ ~ - ~...~ -'t"a 1 3 ~ 't ~...d ~~ ~ '~~, 'J 1,. .~1 .~ KATHY P. McCORMAC, Plaintiff vs. BRENT A. BURGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-3560 CIVIL TERM IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I -EQUITABLE DISTRIBUTION 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. The parties signed aPre-Nuptial Agreement at or near the time of their marriage which resolved most of the economic issues which could have been raised in this action. However, because of separate agreements reached by the parties subsequent to the date of their marriage and the Pre-Nuptial Agreement there are economic claims which this court must resolve. 3. Defendant believes it will be necessary for the court to become involved in the resolution of disputes regarding property acquired by the parties which, by their agreements, were not subject to the terms of the parties' Pre-Nuptial Agreement. WHEREFORE, Defendant prays this court to equitable divide and distribute certain assets which are not subject to the parties' Pre-Nuptial Agreement and to decide and resolve disputes between them relating to those assets and claims. 1 L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: a~, ~a ~ ^-'y ca r-' 4.... rv"' .,.~ I C ~ .S~a,"i r1 ( ~ ` .' . C ~' `~~~: } `_~~,~ '~c-..~., r.. -V - ...-~ `~ b~ w '~- t ~~ r, b" (~ C=` ,~ -~~ ~~ ~ ~ ~ w . KATHY P. McCORMAC, Plaintiff vs. BRENT A. BURGER, Defendant NOV 17 2006 ~'y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-3560 CIVIL TERM IN DIVORCE RULE TO SHOW CAUSE AND NOW, this Zo ~ `~- day of ~,~ ~ . 2006, upon consideration of the attached Petition, a Rule is hereby issued upon the Plaintiff or her attorney of record, if she has one, to show cause, if any she has, why the relief requested therein should not be granted. Rule returnable ~, ~ days from service upon Plaintiff or her attorney of record, if I she has one. I Distribution: J• i Kathy P. McCormac, pro se 1017 Tiverton Road, Mechanicsburg, PA 17050 Beth Smolens Luce, Esquire /(~ ~} C- U ~ 68 East Court Street, P.O. Box 659, Doylestown, PA 18901- 659 ~' V /_ Samuel L. Andes, Esquire (Attorney for Defendant) P.O. Box 168, Lemoyne, Pa 17043 BY THE COURT, ~ ~ ~-: ~. r~ .~ ,_ - ~^- _ _ t .._ ~ ~, , F, ~ .~ IN THE CaURT OF COMMpN C~T~EAS OF CUMBERLAND COUNTY, PA FAMILY DIVISION KATHY P. McCORMAC 1017 Tiverton Road Mechanicsburg, PA 17050 V3. BRENT A. BURGER 1017 Tiverton Road Mechanicsburg, PA 17050 No. 46-3560--Civil ~~~ n*'D COUNTERCLAI~1~'O PETITION FOR SPECIAL RELIEF ~. ~ ~.. AND NOW comes the above-named Plaintiff and responds to Defendant's petition for Special ReliBf in this matter as follows: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that the parties entered into a supplemental agreement after the execution of the Pre-Nuptial Agreement and their marriage regarding the lending of money by Plaintiff to Defendant, and that this transaction/agreement was outside of the parties' Pre-Nuptial Agreement. ~lt is denied that the terms of this supplemental agreement were strictly oral, in that the pa~eties reduced same to writing, a copy of which is attached hereto as Exhibit "A". 4. Admitted in part, denied in part. It is admitted that the parties separated in the fall of 2006, and that Defendant repaid Plaintiff the sum of 542,265.00 on account of monies she hnd lent him as Set forth above, including funds for the purchase of a jointly titled 2006 Chevrolet Suburban. It is denied, as stated above, that the agreement was only oral in natuxe, or that the funds were tendered upon Plaintiff's express promise to transfer title over to Defendant's name alone. On the contrary, as Defendant had not completed all of his obligations under the parties' supplemental agreement (attached hereto as Exhibit "A"), 1~laintiff was not willing to sign over the title to him. 5. Admitted in part, denied in pert. It is admitted that Plaintiff has refused to transfer title to the vehicle to Defendant. It is denied that Dr~fendant has Plaintiff received from Defendant full payment of the amount owed pursuant to the terms of the agreement entered into by the parties. 6. Admitted in part, dena.ed in part . It is admitted that Defendant borrowed a portion of the monies he used to repay Plaint~.ff from his credit union. It is denied that he agreed to pledge the title to vehicle to secure the loan, or that he is not in compliance w~.th any loan terms by not having the vehicle in his name. Despite requests therefor, Defendant has never provided arty documentation (to Plaintiff or as an Exhibit to his Petition herein) that the credit union has insisted that they be provided the title, or that the vehicle was even used as collateral for the lean. In fact, the only loan documents (as provided by Defendant to Plaintiff) make no mention of the vehicle as collateral. See Exhibit "S" attached hereto. 7. DEnied. The averments of Defendant's paragraph 7 are 2 specifically denied, and strict proof if deemed relevant at the time of trial is demanded. As set forth in p'laintiff's Counterclaim bolow, it is Defendant who has not complied with his obligations under the parties' agreement. When Defendant fully meets his obligations thereunder, Plaintiff will immediately sign over the title to the vehicle to him. $. ~ Denied. The averments of Defendant's paragraph 8 are specifically denied, and strict proof if deemed relevant at the time of trial is demanded. As stated above, Defendant has provided no proof that the credit union is requiring that the title be endorsed over to Defendant and held by them. Moreover, even if Defendant does provide such proof, Plaintiff. assertis that such circumstance is of his own making and is one by which she should not be bound. Simply put, until Defendant complies with all of his obligations ds set forth in Exhibit "A", she is under no obligation to give up her "security" or "collateral" under the parties' Agreement, notwithstanding whatever secondary financing arrangement Defendant may have agreed to. WHEREFORE Plaintiff respectfully requests this Honorable Court to dismiss his Petition fpr Special Relief with prejudice, and deny any and all claims fpr counsel fees. r ~O~VTERCLA~M 9. Paragraphs 1 through 6 axe incorporated herein by reference as set forth at J:ength. 3 10. As set forth above, the parties entered into a supplemental agreement after their marr~.age, whereby Plaintiff lent Defendant certain sums of money to pay off premarital credit card debt, and used her premarital auto as a trade-in plus a substantial sum of cash to purchase the 2006 Chevrolet Suburban referenced herei.nabove. 11. The principal amount lent by plaintiff to Defendant in i.his regard was 546,569.00. Defendant was to repay this amount, together with 3.5~ interest over a five (5) year term with monthly installments of $897.00, starting in March 2006. 12. The agreement further provides at paragraph 4, that' in the event of repayment of the loan prior to the expiration of the fivE (S) year term, any remaining interest would still be due and owing to P by D. 7.3. Defendant properly remitted the requisite monthly payments from March 2005 to August 2006. In September 2006, Defendant paid over to Plaintiff the balance of the principal owed on the loan in the amaunt of 592,265.00. 19. Pursuant to the terms of the parties' agreement, Defendant still owes Pla;intii`F the sum of $3,602.00 in unpaid interest. R 15. Despite repeated requests to Defendant to remit such monies to Plaintiff as due and owing under the agreement, Defendant refuses to comply or honor his obligations thereunder, to the 4 obvious Financial detriment of Plaintiff. WH~REFQRE Plaintiff respectfully requests that defendant be immediately ordered to pay over to Plaintiff the sum of $3,602.00, as well as any counsel fees or costs she may have expended in the prosecution or defense of this matter Respectfully submitted, Kathy Cormac, Pro se 5 I, Kathy P. McCormac, verify that the stal-.ements made in the foregoing writings and any attachments thereto are true and correct to the best of my knowledge, information and bElief. I understand that £al$e statements therein are made subject to the penalties of 18 Pa.C.S. Section 4949, relating to unsworn t'alsification to authorities. DATE: /o~ la ~ ~ ' ~~ ry~r~/ Kathy McCormac P~~SONAL NQ'x'E I Brent A. Bargee agree to pay Kathy P. McCormac 546,564 dollars in equal installments of 5847 starting March 15 200b until Fab, 15 201 i (60 Payments) at interest rate of 3.5%. This will settle personal amount owed to Kathy, P$ECU Visa, and new car purcha,Re of Chevrolet Suburban. See attached schedule outlining what is being paid off with this persona] ioan. Total intcrast paid to Kathy over the life of the loan will be $4,?,{ 1 as prx the attached amortization schedule. Brant does have tine option of paging o~ the loan early if funds become availgblt including all interest due on the loan of $4,261. After fittial paymant is made the Suburban title will be transferred to Brant ef~'ective 3/i/i 1. Brent A. Burgar Kathy P. Metrotzxrac 2113/06 2113/46 L}~href'~ !'~ ~ CHEViWIEr • JLaL~~~ i 14 ~~ , ~~~~JI:.ET ' i 8445 GARtiSt.ts PIKE P,C?,90X 7350r';tOr18 Tali-J2~~~ MEGHANlt,,SBUftQ, PA 17050 CASH PRICE OF CAR 40b 13. UNQERCQA7iNG RUST PROOFFNG $REN7 A BURGER KATHY P MCCORMAG 0f/30/0b 1b16 TIVERTON RD. __ ' MECNaNiG5p_URG PA 17@30 ~ j Ntw or p used Q oena, ~] CRR X~ TRUCK i YEAR MAKE- - -- - MOOEL 7YP6 @Q6 H6V<:lOLET 7RtJCK SlJBUI~BAN SW 'OGtOri`. ,............ seiwl~Nd. ' iGNFK16256J1e1111 'srp0"` HO ".., ..... _.._.. o~MAr~ io ua r v?0@2 ONALD D. W N AR ! ~@@1 AND RAVER ' 3W 13AL7Y1E~t@1A701S@8 STRIPE PAClCAt3E PAINT ~EAUWT FADRIC QUARD SERVICE CONTRACT @ MO / 10000@ MILES 1545. ... .. ..._..._.._ C05T3UARD ) - C ~ I .._.._. ----~ . aANNON IP S. IN MIRtiR NAMC . PDUCY NO. vATIONWIl3E IN ~E=E,4~-f~C~--= ~..~ ~N-t,-F~---T nc U:ti4~_AIM!?-10F VJAnfiA"ITiE:; I ~rNRf~ria;TANO TµAT YOU (TME OEAL[n) F.%r'nEBSLY D19fLAtM ALL WARf1ANTIG$, tilTFt$q XPRF.$$ OP uaPLIEp.1NCLU01NGi ANV iMPLIEO WARRANTY OF MEtiCNANTAaII.ITY OR RTNG88 F -^,^---'-' . EC ~ p ~ I ~ ~ L A A A ~ R~ 000 ~ ETE SYRS/ 10@ C05TGUAR~ CO~IPi 9ALE O TM GONNF%Y~CuO WITH TNE It IT V M J LI r SSUMG FOFi 110U ANY 90N 'r0 Ri~E _ , .. .. _....,.,...,.._...__... __ r ro 1HIs ~ sA C r" ME WH ~ ME B V ~I L El ~ ~ D o cL EHI LE NT 10 E v 1 i A QQCUM~I E rR ACT o t ON o ..._., .,,; ;~ THE MOTOR VGHICLF !$ $01,0 •A$ t¢' WITHOUT ANY WMRJWTY EITFtER tiXPRG'~$ OR r._... ,. IMPULD. 7hlts PIJftCHASF.R WILL BEAR TMti ENTIRE EXf•ENSE OF REPAIRING OR CORRGCTINCa _ -,^ ANY D&PQCTS TwtT PnESEFITI.Y EXIST On THAT MAY OCCUR INTFIG VU•bCCLta• ' cus*oMert srcNATtetr x ^.. ~_ . ..-_ CASH PRICE • it~0 Ina trAde•(n wNl cornirlue to be driven oY tea owner eM~ Inr, MdMr d++M ~M D~io- to I>erldinC delivery. ttla ~wrnwll use of orry vehicle wiN ceuw rt to decrease to value. A Cnargo rn Cells per mite, or . ddler amount of Z ~...-_ per moMn, rParatod, wiq th ._„ .,..,.,,_.. ... fAX ~s. @@ Y. Oil $ ~P382. 15 1 Iron it+e value o+ Ire trade.fn ar do6~orY tinw.'Tha traale~n value a me atso,ro NNed - -. ......_ • as pr Nds dMe • ..,,..„_,..... t)OGUMENTAflY FEE . ,PS 8iynrltwe Y, SSa r+prNnwnr or refuse to Wie douwlrV or tIN vehiche. ordered. aloept i r ~el 1Ms p n h ro PA TIRE TALC ~ y O Y 1 ~ l ~r Mr~by~aCKMwNdQeuY l~tlle~elf6ile Cli .~s~ L~~Se ~._.._.. W WSFER TITLE RG[ilSTtiATION < ~° $~~a Y - -- T L GASH P ~C ~L°4 1 >cludea an of the terms and Conditions an de t thi i tl • . r s or r u- tsar agrees ,.,,,,,,,~ -e face and roversv aide hergpf, that this order cancels and supersedes l d 2, CASH OEPC)Sr1' oN aRDER et6 arl pr agreement dSd 8s of the tlela hereof Compriae6 the oomp ppM/N Iv4 statement of th® terms of aSreement niatlrtE W the subject tTlattefa PAYMENT CABH pN pEI„WfcRY q 9 -d hereby. This order shall naf become binding ltfltil accepted OY the .'^ ~'~ -~- .. ar Hie cut ri2Yd reu!'e~enlal_ Abu lti!!? bl.i`i'1~ R•.3' ca=~~, ~ ''.•s • _.__.. _ ~. TiiAlgB tN ..,... rl ~.:r: rr~r,~°~~^ = :..•' r4,'~t':~ C!7~I ti~t~~ ~~~i_~.` r~,~.y!i~. } _' :.: ..... , ...,;..,e AAV.NCfcOWIfK3'n0 SS lF . ,, , ~.; 4~~y^.2J 'w •.~, -1:K:i dJairlPr rp_.esc•+ita-:i~c : _ .. 4. ....ti c` ~>ii.7~si~a:': =.~;:~ ;'^d~_~;^^ f~urcheae~ by his expClttton of this and®r 4.'iCTAI tXNMN PAYhAENT l2 a 9) +wledpes that he hale r its a aAd Conditions end has rer~ived a ~~ Coy of thit:Orger• ~~ ~ ~~ ti. UNPAIp 6AtANC.E QF CA4H Pfl1GE {t - A) ' ' '' ~}~, ' 2HA$ER'S ~ ~ ' ~ l // ~Ci DAT~t ~,^.~'p,i ~_ ' ... .ATURE X ' ; B.OYHEp r,,,, ~,, • ~ • CMARC#t:8 ACCEPTED 8Y: DAT NsrnrrSewrATnee 7• t,tNPAtD t;AtJ-NC:F {g . 6} 6500.0 ^--' ' g.rPi .1. ---ir$-8 4]S ~-e 1341.4 ......_. X5..0 rr •, August 9, 2006 Reference: 557525 ~,,.. sR~rrr ~, svtta~ .r,• ., •': '1076 TYVSkTGN RD '"~'~~ IEBCHA>~CBHCy'RG, PA 17050-7656 ~,,~ Dear BRSNT A BVR48R: F`- Congratularions! Xou are approved for $38,000.00 to purchase a vehicle. This approval ~.,.,, ~•, is valid for 50 days Som the data of this latter, sib}ect to review at any time. 'You must ~>~~=:,~:; contact FSECti1 to have your funds issued. ~t°~~~` ` ~ PSECU offers two different financing options to complete the purchase of your vehicle. .~. ~ .. , a,~•, •. The enclosed brochure highlights important details necessary to complete die transaction. The two available financing options are: y. , •~+,•~ , • AutoDra[t: PSECU's AulxlDral~ is a fully negotiable instrument similar to a blank check. Jt is valid for 120 days from the date of issue, The AutoDra& allows you to purchase a new or ~,sed vehicle from any liceaaed dealership. To request au Autot)rail,, call PSEC•U at 717-234-8484 in Harrisburg, PA, or 800-237-?328 nationwide, select option 6, and dial extension 3877. '~7=~'K~~~' ,Ghtx:k: Checks are issued far private party pu~chss~eay tease buyouts, '„ .ti~au~!'v~le purchases, antique%lasstc ve6lcle purchases, rotlavers, swd you and the seller of the vehicle, will be rid-.~Tfiie~.check, made payable to ~' ~ 'upon.i~eceipt of the required irxfornaation listed in the enclosed brochure. ~~..~,,r.r„~~. ~.oii may mail toe inforinetion to the address >isted L~s1ow ar fax it to us at 717-777- 2076. To avoid delays, indicate your account number on all documents. Thank you for choosing ,PSECtJ. if you have any questions, please contact us. Sincerely, PSECU Consumer Loan Department ;: ,:;; . ,;. ~~~~~4,f rt •. ,rt~ 'H4:.V''i+: '~~, :=1~ ?,~~ia;w."'. y~:r .. . . T'ffi'~.Y:~~ . `. ..~ ;., Penns is Etale E Cndir Union: ; Main lvJdress: { Gradit Union Nloe«. Hprrirburc,~ PA 1 l7 10-249A • 717.2 .8484 • Ei00.237.7328 . ... • ~. wn w •~w.w .. 1 nl •.•.w. w.w +.+.. •7 I~•AI. R.+w• •M •w.+ ,/I~~~ ~4.•p y ~1:. ~ . ~ ~ C7 ~ r~ ~ ~'° ~ 4-a r~ ; r,z ~~ ~ ~: 1 ~. . '-_ '' 11 e a.~ ra ^i ~ ~~ KATHY P. McCORMAC, Plaintiff vs. BRENT A. BURGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2006-35601'1 CIVIL TERM MOTION FOR HEARING AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and represents that the pleadings with regard to the Petition for Special Relief that he filed are now closed and that the matter is ripe for decision by the court. Accordingly, the Defendant, by his attorney, moves the court to schedule a hearing on his Petition for Special Relief. To Defendant's knowledge, the only Judge previously involved in this case was the Honorable J. Wesley Oler, who signed a Rule to Show Cause but who has not conducted any hearings. Defendant believes, based upon communications with Plaintiff's attorney, that she opposes this Motion. Date: ~ ~7 u I . An Attorney for Defendant Supreme Court ID # 17225 525 North 12t'' Street Lemoyne, Pa 17043 (717} 761-5361 KATHY P. McCORMAC, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION -LAW BRENT A. BURGER, ) NO. 2006-356000 CIVIL TERM Defendant ) REPLY TO COUNTERCLAIM AND NOW comes the above-named Defendant, by his attorney, Samue! L. Andes, and makes the following Reply to the Plaintiff Counterclaim to the Defendant's Petition for Special Relief, as follows: 9. No answer required. To the extent that an answer is required, Defendant incorporates herein by reference the averments set out in his original Petition. 10. Admitted. 11. Admitted. 12. Denied. There was no such term in the agreement between the parties and, therefore, any obligation by the Defendant to pay interest on the debt to Plaintiff ended when he repaid the principal balance. 13. Admitted. 14. Denied. Any obligation by Defendant to pay interest on the debt expired and ended entirely when he paid the principal balance owed on the loan and when Plaintiff accepted that as payment in full. 15. Admitted in part and denied in part. Defendant admits that Plaintiff has made repeated requests that he make additional payments to her but he denies that he owes her any such payments. WHEREFORE, Defendant prays this court to grant him the relief requested in his Petition for Special Relief. uel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12t`' Street Lemoyne, Pa 17043 (717) 761-5361 -. I verify that the statements made in this document are true and correct. I understand that any false statements in this document are bject to the penalties of Pa. C.S. 4904 (unsworn falsification to authorities). ~ Date:. 7 18 ~~ i~ ...~ ~.n ._.{ " T __ ~ ~""~ _ ~ ; Pl _.... .. L. f --! ___T ~ :~ _ C..;, ~ n _. s r I KATHY P. McCORMAC, Plaintiff vs. BRENT A. BURGER, Defendant I APR 18 200~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2006-3560t1~ CIVIL TERM ORDER OF COURT AND NOW this Zt{ day of {aip < < ~ , 2007, upon the Motion of the Defendant, a hearing is hereby scheduled on the Defendant's Petition for Special Relief, to be held before the undersigned in Court Room No. ~_ of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at 3.00 o'clock ~.m. on the .3/ 4~ day of y~G~~-. 2007. Distribution: BY THE COURT, v~ ~ /' ' J. ,Kathy P. McCormac, pro se 1017 Tiverton Road, Mechanicsburg PA 17050 eth Smolens Luce, Esquire 68 East court Street, P.O. Box 659, Doylestown, PA 18901-0659 ~muel L. Andes, Esquire (Attorney for Defendant) 525 North 12t'' Street, P.O. Box 168, Lemoyne, PA 17043 V ~ ~ KATHY P. McCORMAC, Plaintiff v. BRENT A. BURGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.06-3560 CIVIL TERM ORDER OF COURT AND NOW, this 3`d day of May, 2007, upon consideration of the attached letter from Samuel D. Andes, Esq., attorney for Defendant, the hearing previously scheduled for May 31, 2007, is cancelled. ~thy P. McCormac, Esq. 1017 Tiverton Road Mechanicsburg, PA 17050 Plaintiff, pro Se ~muel L. Andes, Esq. J 525 North 12`h Street P.O. box 168 Lemoyne, PA 17043 Attorney for Defendant :rc BY THE COURT, J. 4 }y ~~i I ~ ti ~ ~ ~l -~`~i ~C~ ~;,:~ ;,, E -~ .,~.~.,, :~,. MAILING ADDRESS: P. O. BOX 168 LEMOYNE, PA 17043-0168 E-MAIL: LawAndes~aol.com SAMUEL L. ANDES ATTO$NEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE. PENNSYLVANIA 1'7043 TELEPHONE (717) 781-5381 FAX (717J 761-1433 1 May 2007 The Honorable J. Wesley Oler, Jr. Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Kathy P. McCormac vs. Brent A. Burger No. 2D06-3560 Civil Term Dear Judge Oler: The parties have resolved the matters raised in the Motion I filed recently requesting a hearing on my client's Petition for Special Relief. Accordingly, the hearing you scheduled for 31 May 2007 at 3:00 p.m. can be canceled. I will file shortly a Praecipe to withdraw my petition. If you have any questions about this, please contact my office. Thank you for your attention to this matter. Sincerely, Sa ndes amh cc: Ms. Kathy P. McCormac Beth Smolens Luce, Esquire Mr. Brent A. Burger ~~~ ~~ ~"" KATHY P. McCORMAC, Plaintiff vs. BRENT A. BURGER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2006-3560 CIVIL TERM PRAECIPE Please withdraw Defendant's Petition for Special Relief and all other economic claims filed in this matter by the Defendant. Date: t T? z Lemoyne, Pa 17043 (717) 761-5361 Attorney for Defendant Supreme Court ID # 17225 P.O. Box 168 C3 ~ p . t~ ~ -n 4.. .._ _ ' ~ ' ---t _ tT (~ --'L t'E'~ - -['F {Z _; s.; _ ~ ;r !"C"i .- °~ ~ ~ ti ~ KATHY P. McCORMAC, Plaintiff vs. BRENT A. BURGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION -LAW NO.06-3560 Civil IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Cade was filed on 22 June 2006 and served within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. ~VATVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S$CTION 3301(cl 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. ~~ ~~ D ted: KATHY cCORMAC t? ~ ~ -~ --- - a . d _ -~_ ; .' ~ r ;h. tom.: _ ~ ~~~ ~~ ~_Y ~( v KATHY P. McCORMAC, Plaintiff vs. BRENT A. BURGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 2006-3560 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2 Z ~UN~ Zuo 6 and served upon the Defendant on or about 3V days ~-~,enea-der, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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 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. Dated: BR T A. BUR j r`' rv ~ ~ - ~ _.,,~ R f-r7 ~ x ~~ ,-_. ..... +~ ~ _.~. -- F - :% . _ 1.L9 ' h KATHY P. McCORMAC, Plaintiff vs. BRENT A. BURGER, Defendant IN THE COURT OF COMMON } PLEAS OF CUMBERLAND } COUNTY, PENNSYLVANIA } CIVIL ACTION -LAW 1 NO. 06-3560 CIVIL TERM } IN DIVORCE ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance for the Defendant, Brent A. Burger, in the above- captioned action. I acknowledge receipt of a true and correct copy of the Complaint in Divorce filed in the above action on behalf of the Defendant on or about 13 July 2006. Date: ~ ~U.~ ~~~ Samu L. Andes Attorney for Defendant P.O. Box 168 Lemoyne, PA 17043 717-761-5361 r:~ ~ ..; fir,' ~~3 .~-r-~ `> ~~~~, <• `~ f :: , _ , ~,;. :.a ~:~ '> -: 4 „ •r~ {,,~ KATHY P. McCORMAC, Plaintiff Vs. BRENT A. BURGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 06-3560 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. Ground for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Acceptance of Service filed contemporaneously herewith indicating service on or about 13 July 2006. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 {c) of the Divorce Code: by Plaintiff: 27 Aoril 2007 by Defendant: 27 Aaril 2007 {b) (1) Date of execution of the Affidavit required by Section 3301 {d) of the Divorce Code: t2) Date of filing and service of the Plaintiff`s Affidavit upon the Respondent: 4. Related claims pending: None 5. Complete either (a) or (b): {a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: tb) Date Plaintiff's Waiver of Notice in Section 3301 {c) Divorce was filed with the Prothonotary: Dated 27 Aaril 2007 filed contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: dated 27 April 2007. filed contemporaneously herewith. Date: ..S 16 -~7 Sa L. An es Attorney for Defendant ~' ~a C~ "~1 t. d .-.~ ~ .--Y~ 1 ~ ~ y~t { ) ~ ~w.wJ _ .::4: ~ . . ~ ~ ~ f .k'--~ ~s~ 'S~~-~wy, w-~ ' p,~ I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KATHY P. McCORMAC, _ ~' ,. ~`` I 06-3560 Plaintiff N O . VERSUS BRENT A. BURGER, Defendant DECREE IN DIVORCE 200 AND NOW, Z- IT IS ORDERED AND KA Y P. NkCOR~IAAC DECREED THAT BRENT A. BURGER AN D ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAT NTI FF, DEFENDANT, 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: ATbE~ST: J. PROT O OTARY ,emu, <o• ~ -~ ~