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HomeMy WebLinkAbout00-05933 IN THE COURT OF COMMON PLEAS KATI C. Plaintiff N O. 2000-5933 CIVIL TERM VERSUS KENNETH D. HORST, Defendant DECREE IN DIVORCE CIVIL ACTION - LAW IN DIVORCE AND NOW? 2001 IT IS ORDERED AND DECREED THAT KATI C. HORST , PLAINTIFF, AND KENNETH D. HORST 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 /a 7 -©( 2' A? 'd ';;?- 4 >1?4 SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: DECEMBER 6, 2001 DOCKET NUMBER: 2000-5933 CIVIL TERM PLAINTIFF/kETUMONER SS# 210-54-0242 NAME: KATI C. HORST DEFENDANTfflfl9MNMhff SS # 188-58-9655 NAME: KENNETH D. HORST Theresa Barrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATI C. HORST, Plaintiff V. NO. 00- SYZ l:w.l ?rc/zrrl KENNETH D. HORST, Defendant CIVIL LAW - 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 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, Cumberland County Courthouse, South Hanover Street, 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 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 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 bearing. BY THE COURT: J. 2 Theresa Barrett Male Supreme Court #46439 115 Pine Street Harrisburg, PA 17101 (717) 233-3220 Counsel For Plaintiff COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA KATI C. HORST, Plaintiff V. " NO. 00- 9 3 3 l r-t -r KENNETH D. HORST, Defendant CIVIL LAW - DIVORCE COMPLAINT IN DIVORCE Count I - Divorce 1. Plaintiff is Kati C. Horst (SS# 210-54-0242) who currently resides at 34 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania since September, 1993. 2. Defendant is Kenneth D. Horst (SS# 188-58-9655) who currently resides at 1334 North 2nd Street, Harrisburg, Dauphin County, Pennsylvania since in or around May, 2000. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The parties were married on July 10, 1982 in Mechanicsburg, Pennsylvania. 5. The parties separated on August 15, 1998 and have continued to live separate and apart for a period of at least two years. 6. A prior action in divorce was filed to Cumberland County Court of Common Pleas No. 2432 Civil 1985 which was purged on October 25, 1988 for inactivity. 7. The marriage is irretrievably broken. 8. Neither party is a member of the armed forces of the United States or its allies. 9. 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, Plaintiff requests the Court to enter a Decree in Divorce under sections 3301(d) of the Divorce Code, as amended. Theresa Barrett Male, Esquire Supreme Court # 46439 115 Pine Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel For Plaintiff Date: August 25, 2000 2 VERIFICATION I, Kati C. Horst, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. e, - Kati C. Horst Date: g_ a 4" 00 Theresa Barrett Male y Supreme Court #46439 j 115 Pine Street 2 -- Harrisburg, PA 17101 =' (717) 233-3220 r• `-' Counsel For Plaintiff z O ,. COURT OF COMMON PLEAS OF DAUPHIN COUNTY , PENNSYLVAMAcn a KATI C. HORST, Plaintiff V. KENNETH D. HORST, Defendant NO. 00- CIVIL LAW - DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on August 15, 1998 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. / 0 /yl Kati C. Horst Date: August 24, 2000 ?9icl4u§e?aarav??uma;t;a:,.?. ??e?a?cn?. _...•.• :n' e€nm>:ir??'d?; _ ? _ r )CF 17"'Tl; KATI C. HORST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH D. HORST, Defendant CIVIL ACTION - LAW 2000-5933 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: separated for a period of at least two (2) years under Section 3301(d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Kenneth D. Horst, as well as the Affidavit Under Section 3301(d) of the Divorce Code and is evidenced by the Acceptance of Service signed by the defendant. 3. Complete either paragraph (a) or (b). (a) Code: by plaintiff: _ August 24, 2000. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce by defendant: (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: August 28, 2000. 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: See attached letter dated March 14, 2001 sent by plaintiffs prior counsel. (b) Date plaintiffs Waiver of Notice in. Section 3301(c) Divorce was filed with the Prothonotary: Date defendants Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: P,(AE1?Q 1 V1' REBECCA R. HUGHES, F6 s Attorney for Plaintiff TH&REM BARRM MALE SUSAN C. Amoy, rN mm& JONATHAN J• MALE, uxx AWWANr Kenneth D. Horst 1334 North 2nd Street Harrisburg, PA 17102 Re: Horst v. Horst Dear Mr. Horst: THERESA BARRETC MALE CAUNSEWR AT IAW 513 Nom StcoND STREET HARROBURG. PENNSMANIA 17101 March 14, 2001 Enclosed are the following documents: (717) 2333220 FAX (717) 2336861 the revised marital settlement agreement which reflects your discussions with Kati. 2. the deed transferring your interest in the real estate to Kati. 3. the notice of intention to request entry of a § 3301 (d) divorce decree. 4. a second acceptance of service form. I originally sent this to you on August 31, 2000. As I advised you previously, signing time documents eliminates the need for a court hearing on the financial issues related to this divorce action. Therefore, you should take this to your lawyer immediately. If, however, you are still representing yourself, and if you agree with the terms of the settlement agreement, then please: T. sign the settlement agreement and the deed in the presence of a notary. 2. date and sign the acceptance of service. 3. return all documents to my office at 513 North Second Street in the enclosed self- addressed stamped envelope as soon as possible. If you prefer, you may schedule a time for my paralegal, Susan C. Appleby, to notarize the documents. You must bring your driver's license as proof of identification, however. After you sign all of the enclosed documents, I will finalize the divorce. Z d olllbLZl09'ON/0£:Ol'1S/l£:Ol 1002 9 ZlN]M) N06? Kenneth D. Horst Page 2 March 14, 2001 If you have any questions regarding this correspondence, please consult an attorney, Sincerely, Theresa Barrett Male TBM/sca Enclosures cc: Kati C. Horst (w/edc) £ d 6lllGIZl09'ON/0£ Ol'1S/l£:Ol 1002 9 WCIM) loch Theresa Barrett Male Supreme Court #46439 513 North Second Street Harrisburg. PA 17101 (717) 233-3220 Counsel For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATI C. HORST, Plaintiff V. NO. 00-5933 Civil Term KENNETH D. HORST, Defendant CIVIL LAW - DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301 (d) DIVORCE DECREE TO: Kenneth D. Horst, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301 (d) affidavit. Therefore, on or after April 3, 2001, the other parry can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. b d 6lll5ZZl09'0N/0£:0l'1S/l£:0l 100Z 9 Zl(CIM) NOdd Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 2 9 d 6lllb?Zl09'ON/OE:OI'1S/ZE:OI 1002 9 Zl(03M) WOdd KATI C. HORST, Plaintiff V. KENNETH D. HORST, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2000-5933 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, KENNETH D. HORST, the defendant in the above-captioned divorce action, hereby verify that I have accepted service of the Complaint in Divorce filed under Section 3301(d) of the Divorce Code on August 28, 2000 as well as the Affidavit Under Section 3301(d) of the Divorce Code.. Date: December 5, 2001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: On this, the 5th day of December, 2001, before me, the undersigned officer, personally appeared KENNETH D. HORST, known to me to be the person whose name is subscribed to the above instrument and acknowledge that he executed same for the purposes therein contained. N tart' Pub Notarial Seal Martha L. Noel, Notary Public Carlisle eoro, Cumberland Cou My Commission Expires Sept. 18, 2 Member, Pennsylvania Association of Notaries ?. c ?_ -c. `T; __ nq;r .-r v? ? r c: :? C __. -? - .. ?_ =1 ? fu {, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATI C. HORST, Plaintiff V. KENNETH D. HORST, Defendant To the Prothonotary: NO. 00-5933 Civil Term CIVIL LAW - DIVORCE PRAECIPE Please withdraw the appearance of Theresa Barrett Male, Esquire and enter the appearance of Kati C. Horst, pro se, in this proceeding. Date: August 30, 2001 Date: 02 ' 2001 Theresa Barrett Male, Esquir 6,& c . Kati C. Horst c> ??-, c- __: -_ ,, tr;= _, ?- t r? ?-.i y?_ .. ?? KATI C. HORST, IN THE COURT OF COMMON PLEAS OF Plaintiff V. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2000-5933 CIVIL TERM KENNETH D. HORST, Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the plaintiff, KATI C. HORST, in the above-captioned case. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: : ?) -?) 41Cl Rebecca R. Hughes, Esq Attorney for Plaintiff, Ka C. Horst West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No. 67212 Date: December 5, 2001 i PEI NSYL` AN'144 rt® 4 o Guu[ KATI C. HORST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-5933 CIVIL TERM KENNETH D. HORST, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 4 day of 2002, upon review of the attached Stipulation and Agreement dated September 1, 2001, it is DECREED that the same be an ORDER OF COURT. BY THE COURT, C7`5 LLa p3-0q -oa S ?0.-nalj Au es &A. J ' G iaP NNSYLYANA?T? STIPULATION FOR ENTRY OF CUSTODY ORDER This Stipulation is entered into on September 1, 2001, in Cumberland County Pennsylvania by Kati C. Horst ("Mother") and Kenneth D. Horst ("Father"). RECITALS Whereas, Mother and Father are the natural parents ofKaitlin Horst (dob: 02/17/89) and Levi Horst (dob: 06/06/92); and Whereas, on August 28, 2000, Mother filed a Complaint in Divorce in the Cumberland County Court of Common Pleas, # 00-5933 Civil Term; and Whereas, Mother's divorce complaint does not raise a claim for custody; and Whereas, Mother and Father are executing a marital settlement agreement, resolving the economic issues incident to their separation and divorce; and Whereas, the parties desire to have the Court enter their custody agreement as an order. Now, Therefore, Mother and Father, each intending to be legally bound, hereby covenant and agree as follows: 1. Mother and Father with share joint custody with Mother having primary custody of Kaitlin and Levi. Father will have partial custody as set forth below: a. Alternating weekends from Friday at 5:00 p. m. until Sunday at 8:00 p.m. Memorial Day and Labor Day will attach to the weekend, with a return time of 8:00 p.m. on the holiday. The parties will alternate Easter Sunday, Thanksgiving, New Year's Day and the Fourth of July. The times are 10:00 a.m. until 8:00 p.m. on the holiday, with the rotation beginning Thanksgiving 2000, Mother's holiday. 4, Father's Day weekend from Friday at 4:30 p.m. until Sunday at 8:00 p.m. is reserved to Father. Mother's Day weekend at the same times is reserved to Mother. Christmas Eve is reserved to Mother. Father shall have custody of the children every year from Christmas Day at 2:00 p.m. until December 26 at 8:00 p.m. 6, During the summer recess, Father will be entitled to a maximum of six (6) weeks, with only two (2) weeks consecutive at a time. Father shall notify Mother in writing no later than May 1 each year of the weeks he designates for his summer custody periods. 7, Holidays take precedence over the other provisions of this stipulation. 8, Unless the parties agree otherwise, Father shall provide the transportation, with all exchanges to occur at Mother's residence. 10. Each party shall have reasonable telephone access to the children while the children are in the custody and control of the other parent. 11. The parties agree to submit this stipulation to the Cumberland County Court for entry of an order incorporating these terms. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Witness: 4e- 90 N ?9- J ti ?n n r Cl72'. 55 fi Ui IV T" 11 Urn f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I?PFT 1 CLC-7 NAE-N I IQ r l Plaintiff Vs File No. p. 00a k r-,N t7N- . We-L W.?T Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marking ` x' j prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of 0 LEN bETAJ I A, , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: ffilwz 0-100? ea& x 4,L& 1 11 Signature kaL L,cntivv l? ?u Signature of name being resumed COMMOl TH OF PENNSYLVANIA ) COUNTY O On the _ O!day of 00_ u6.204 ,before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he 1 she executed the foregoing for the purpose therein contained In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL t NO Pub11C CARRIE.kAN SINGER NOTARY PUBLIC LOWER PAXTON TWR, DAUPHIN COUNTY MY COMMISSION EXPIRES SEPT. 7, 2010 FLF ' F T F P,77 `-'r,"OTA.RY 2009 NOV -4 PM 12: 04 Jai F 3 I r •.i? .'?1?1`nl z l ? • ?'t i 1 V, vrf: 4,t. R ]1." 41 .0. 1Vq. q "ktf• y31