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HomeMy WebLinkAbout02-4152F/FILES/DATAFILE/Gen doc cur/8410-dcom 1/tde Created: 08/13/02 11:0328 AM Revised 08/16/02 024653 PM 84102 PAUL BURRuss, Plaintiff DOLORES BURRUSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- /://5;/ C1VILACTION_ LAW : IN DIVORCE N_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 by the Plaintiff. in these papers 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 PAUL BURP, USS, Plaintiff DOLORES BURRUSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O2- CIVIL ACTION- LAW IN DIVORCE COMPLAINT 1. Plaintiff is Paul Burruss, who currently resides at 250 Lefever Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Dolores Burrnss, who currently resides 36 Chestnut Street, Newville, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Pennsylvania. 5. The Plaintiff and Defendant were married on October 26, 1996 in Newville, There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. 7. 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. 8. Plaintiffrequests the Court to enter a decree of divorce. Date: MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered bymy counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belie£ To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Paul Burmss PAUL BURRUSS, DOLORES BURRUSS, Plaintiff : : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4152 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Andrew C. Spears, Esquire, accept service of the Divorce Complaint on behalf of Defendant, Dolores Burmss, and certify that I am authorized to do so in accordance with Pa. R.C.P. 402. Dated: Document #: 241600.1 ~'tEC!::IVEi_ 8EP 06 211112 PAUL BURRUSS, Vo DOLORES BURRUSS, Plaintiff : : : : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4152 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter the appearance of Andrew C. Spears, Esquire, on behalf of the Defendant, Dolores Burruss, in the above matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By An&'~w~. Sp~trs, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attomeys for Defendant Document #: 241922.1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law fimx of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of the Praecipe for Entry of Appearance with reference to the foregoing action by First Class Mail, postage prepaid, this/o Z~lay of September, 2002, on the following: Thomas J. Williams, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Document ti: 241922.1 F: ~qLES\DATAFILE\Gendoc.cur\8410-cons pb/tde Created: 08/13/02 11:03:28AM Revised: 10/29/02 03:14:38 PM 84102 PAUL BURRUSS, : Plaintiff : : v. . DOLORES BURRUSS, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4152 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 30, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND § 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers 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 and waiver 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: lilt/OZ- Paul Burruss, Plaintiff FAF1LES\DATAFILE\Gendoc.cur\8410-cons-db. 1/cny Created: 11/01/02 08:44:59 AM Revised: 11/01/02 08:53:38 AM 8410.5 PAUL BURRUSS, Plaintiff V. DOLORES BURRUSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4152 CIVIL ACTION- LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 30, 2002. I acknowledge my attorney received a true and correct copy of.the Divorce Complaint, said copy being served upon him via first class mail on September 4, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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,'. 4. 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit mad waiver 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: J~-//-~6~. ~ '~ Dolores Burrus, iDefendant I: FIIAiS DA' 'AFl[.E/C;cndoc cur 8410 S pta ('reared: 08/13,'02 I 1:(1328/',M Revised: 12,3 }'02 08:2'):24 AM 84102 PAUL BURRUSS, Plaintiff go DOLORES BURRUSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4152 CIVIL ACTION - LAW IN DIVORCE PRAEC~E TO TRANSMIT RE_CORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 5. Prothonotary: November 1, 2002. Date Defendant's Waiver of Notice in Prothonotary: December 18, 2002. Date and manner of service of the complaint: See Acceptance of Service as filed. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; November 1, 2002; by the Defendant; December 11, 2002. Related claims pending: None. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was flied with the §3301(c) Divorce was filed with the Date: December 31, 2002 MARTSON DEAI~U)ORFF WILLIAMS & OTTO 'Thomas Ji Will~x~s,~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARITAL SETTLEMENT AGREEMENT This Agreement, made this/*J:~ day of .~]/~?/~d _, 2002, by and between PAUL E. BURRUSS of 250 Lefever Road, Newville, Cumberland. County, Pennsylvania, (hereinafter referred to as "Husband") and DOLORES J. BURRUSS of 36 Chestnut Street, Newville, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"). WHEREAS, the parties hereto are Husband and Wife, having been married on October 26, 1996, in Newville, Pennsylvania; and WHEREAS, difficulties have arisen between the parties as a result of which they now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, this Agreement is being made in contemplation of a divorce action being filed concurrently with the execution hereof; and nd WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain ependent legal advice of counsel of their selection, and that before signing this Agreement, each ~s either been fully advised by counsel of their rights and obligations under the law and this (~greement, or else have waived their right to legal advice. Each party hereby confirms that he or he has read carefully and fully understands the terms, conditions and provisions of this Agreement (-ndbelieves same to be fair, :ust ade uate ' J , q ana reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read carefully and understand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent ofnonmarital property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrator~g or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof; further, the parties acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement .and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 4. DIVORCE: Both parties agree to pursue a no-fault divorce under Section 3301(c) of the Pennsylvania Divorce Code and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof. 5. DEBTS: Both parties agree that, in the future, neither shall cause: or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. 6. LOAN: Wife shall indemnify, defend and hold Husband harmless with regard to any claims arising out of a loan with Farmers National Bank which loan Husband co-signed. Wife agrees to refinance the loan as soon as practical thereby removing Husband's name from the loan. 7. PERSONAL PROPERTY: A. AUTOMOBILES: Wife will receive the 1999 Chevrolet P/U which is titled in joint names, and will be transferred solely to Wife as soon as the title is available to do so. Husband shall pay the entire balance due on the 1999 Chevrolet P/U within six months of the date of the execution of this Agreement. Husband will receive the 1997 Dodge which is titled in solely in his name. Husband shall be solely responsible for any debt pertaining to his vehicle, and shall defend and hold Wife harmless from any claim with respect thereto. B. OTHER PERSONAL PROPERTY: Except as attached hereto as Exhibit "A," Husband shall have sole possession of the items in the marital residence. Wife is entitled to retrieve the items listed on Exhibit "A" at a mutually convenient time. 8. CASH: Husband shall pay to Wife the sum of $5,000.00 within sixty days of the date of the execution of this Agreement. 9. ALIMONY AND SUPPORT: Except as otherwise provided herein, both parties hereby waive, release and give up any rights which either may have against the other to receive spousal support, alimony, alimony pendente lite, or expenses. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any economic support from the other. 10. MARITAL RESIDENC~: Concurrent with the execution of this Agreement, Wif;~ will execute a deed transferring all of' her right, title and interest of the marital residence located at 250 Le£ever Road, Newville, Cumberland County, Pennsylvania to Husband. Husband shall be solely responsible for all expenses, taxes, insurance, upkeep and any other expense connected with the marital residence, including the first and second mortgages owned by Farmers National Bank on the marital residence. Husband shall indemnify, defend and hold Wife harmless with regard to any claims arising out of the marital residence. Husband agrees to refinance the marital residence within six months of the date of' this Agreement thereby removing Wife's name from both the first and second mortgages. 11. MEDICAL INSURANCE: Each party shall be responsible for their own health insurance. 12. ENFORCEMENT: If either party defaults in the due performance of any of the terms, conditions and covenants of' this Agreement on his or her part to be performed, the non-defaulting party shall have the right to sue for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding. If either party challenges the validity o£this Agreement and the challenge is not successful, the challenging party shall similarly reimburse the defending party for all expenses and losses incurred in the defi~nse. 13. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or fail to execute and~or acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 14. CONTRACT INTERPRETATION: For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has been acquired by him or her after the date of separation, with fall power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 16. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject maturer. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. B. This Agreement may not be amended, modified,, altered or revoked except in writing executed by both the parties hereto. C. This Agreement may not be assigned by either party without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. E. This Agreement shall be binding upon the p~wties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enforce any part of this Agleement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. I. All payments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, if no such designation is made, then to the address as set forth above. J. Titles are for convenience and ease of reference only and are not to be considered part of the Agreement for purposes of interpretation. K. The term of this Agreement shall continue indefinitely from the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. Witness: Paul E. Burruss Dolores J. Burrt~ COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF , ) On this, the t day of ~/'q 2002, before me:, the undersigned officer, personally appeared Paul E. Burruss, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my handled official seal. COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ;l~n,o~.a~,o ): On this, the //~,'-r~day of/Oero,a ~, 2002, before me, the undersigned officer, personally appeared Dolores J. Burruss, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. _- - , (SEAL) CAROL A. LYTER, Nola~ Pul311o of Harflaburg, Daul3hin County BEFORE I SIGN ANY DOCUMENTS, HERE ARE MY REQUESTS THAT I HAVE. tZWANT THE WASHING MACHINE FROM'SE. ARS THAT [ AM PAYING FOROR THE SUM OF $250:OOTO"PA.Y IT'OFF ITEMS THAT I LEFT AT THE HOUSE ]'HAT ARE MINE ARE: MY DRESSER MY SLED MY RED WAGON PLANT CONTAINERS ON PORCH WITH PLANT HOLDERS MY DIAMOND RING MY LINDE STAR RING (BLUE) MY BIRTH CERTIFICATE IN LOCK BOX AND ANry OTHER PAPERS THAT ARE MINE MY 22 RIFLE THAT WAS GIVEN TO ME I WANT ALL OF THESE ITEMS. WI::. CAN MAbel5 ARRANGEMENTS FOR ME TO PICK THIS ITEMS UP. EXHIBIT "A" THE COURT OF OF CUMBERLAND STATE OF ~ COIVIMON COUNTY PENNA. PLEAS ...PAUL__BURRUSS ......................................................... PLAINTIFF Versus ...DOLORES__BURRUSS .............................................. DEFENDANT N() o2.-..4.~z ....................... 19 DECREE IN AND NOW, .,~...~. ..... ~..2.0.0j.. it is ordered and decreed that ...............~A~ .~~ ................... plaintiff, and ~o~o~s ~u~uss defendonL ore divorced from the bonds of matrimony. The court retains iurisdiction of the folio'wing claims which have been raised of record in this action for which a final order has not yet been entered; ~The~Marita~S~tt~em~nt.Agr~am~n$~.~d~t~d~N~mbmx~2DD~ia~imcan~anate~ .b~r~.by.~r~pc~.bp~.~.~p~. m~g~.~p. ~.i.s;,~ ....................