HomeMy WebLinkAbout07-1915HEATHER R. KUTZ : IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff : PENNSYLVANIA
vs : CIVIL ACTION - LAW
DOUGLAS R. KUTZ : NUMBER 2007- 1915- CIVIL TERM
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
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 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 the 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 Courthouse, One South Hanover Street, Carlisle,
Pennsylvania, 17013.
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
1-800-990-9108
(717) 249 - 3166
Sally J. finder, squire
Attorney for Plaintiff
9974 Molly Pitcher Highway
Shippensburg PA 17257
HEATHER R. KUTZ : IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff : PENNSYLVANIA
VS : CIVIL ACTION - LAW
DOUGLAS R. KUTZ :NUMBER 2007- /9/5" CIVIL TERM
Defendant : IN DIVORCE
Defendant : IN DIVORCE
COMPLAINT
COMES, NOW, the Plaintiff, HEATHER R. KUTZ, by and through his
counsel, Sally J. Winder, Esquire, and represents as follows:
1. Plaintiff is HEATHER R. KUTZ, who currently resides at, and whose
mailing address is 2215 Ritner Highway, Carlisle, West Pennsboro Township,
Cumberland County, Pennsylvania, 17015, since December, 1998.
2. Defendant is DOUGLAS R. KUTZ, whose currently resides at 145 South
Side Drive, Newville, and whose mailing address is P.O. Box 462, Carlisle,
Cumberland County, Pennsylvania, since February, 2007.
3. Both Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately previous
to the filing of this Complaint.
4. The Plaintiff and Defendant were married on October 26, 1984, at New
Cumberland, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken.
7. Plaintiff avers that he has been advised of the availability of counseling
sessions for both parties upon request of either party or by order of court, and
that a list of qualified professionals who provide such counseling service is
available at the Domestic Relations Office upon request. By the filing of this
Complaint, the Plaintiff acknowledges having been advised by his attorney of
record of the availability of counseling sessions and a list of qualified
professionals. Plaintiff further avers that he has been advised that the choice
of a qualified professional shall be at the option of the Plaintiff and Defendant
and need not be selected from the list available upon request and further, that
arrangements for and the payment of the services of the qualified professional
shall be the responsibility of the parties and will not be included in the docket
costs of this proceeding.
8. Plaintiff requests the Court to enter a decree of divorce.
WHEREFORE, Plaintiff requests the Court enter an order divorcing the parties
from the bonds of matrimony.
Respectfully submitted,
Sally . Winder, Esquire
Attorney for Plaintiff
9974 Molly Pitcher Highway
Shippensburg, PA 17257
VERIFICATION
I verify that the statements made in this pleading 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.
Date: 412,- 1 9 Z.oO -1
HEATHER R. KUTZ
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HEATHER R. KUTZ : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
Plaintiff : PENNSYLVANIA
vs : CIVIL ACTION - /LAW
DOUGLAS R. KUTZ :NUMBER 2007- 146' CIVIL TERM
Defendant : IN DIVORCE
ACCEPTANCE OF SERVICE
I, Douglas R. Kutz, do acknowledge that I have received a true and correct copy of the Complaint
in Divorce and Notice to Defend and Claim Rights, under the Divorce Code in the above-captioned divorce
and accept the service thereof on April _U_ , 2007.
I verify that the statements made in this Acceptance of Service 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 unworn
falsification to authorities.
Date:
Douglas R. Kutz
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HEATHER R. KUTZ : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
Plaintiff : PENNSYLVANIA
vs : CIVIL ACTION - LAW
DOUGLAS R. KUTZ : NUMBER 2007-1915 CIVIL TERM
Defendant : IN DIVORCE
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 9, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the
date of filing 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 unworn falsification to authorities.
Date: -1-1(0-0-7 464-? cei4A
HEATHER R. KUTZ
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HEATHER R. KUTZ : IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff : PENNSYLVANIA
vs : CIVIL ACTION - LAW
DOUGLAS R. KUTZ : NUMBER 2007-1915 CIVIL TERM
Defendant : IN DIVORCE
Defendant : 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 of 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.
Date: 7- It* - 0'1 AWAAIc KA?
HEATHER R. KUTZ
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HEATHER R. KUTZ : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
Plaintiff : PENNSYLVANIA
vs : CIVIL ACTION - LAW
DOUGLAS R. KUTZ : NUMBER 2007- 1915 CIVIL TERM
Defendant : IN DIVORCE
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 9, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the
date of filing 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 unworn falsification to authorities.
Date: -7-16-07 ` u):3 - b - - P- ;Z?
DOUGLAS R. KUTZ
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HEATHER R. KUTZ : IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff : PENNSYLVANIA
vs : CIVIL ACTION - LAW
DOUGLAS R. KUTZ : NUMBER 2007- 1915 CIVIL TERM
Defendant : IN DIVORCE
Defendant : 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 of 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.
Date: 7 (0'07 (2 12
DOUGLAS R. KUTZ
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HEATHER R. KUTZ : IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff : PENNSYLVANIA
vs : CIVIL ACTION - LAW
DOUGLAS R. KUTZ : NUMBER 2007-1915 CIVIL TERM
Defendant : IN DIVORCE
Defendant
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 S3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: U. S. Mail, mailed on April 9, 2007. Complaint accepted
for service per the attached and filed Acceptance of Service verified by the Defendant as being served on April 11,
2007.
3. Date of execution of the affidavit of consent required by S3301(c) of the Divorce Code: by Plaintiff
7/16/07; by Defendant 7/16 /07.
4. Related claims pending: None.
5. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: 07/ ab /07.
Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: 07/ OLD /07.
ally nder, squire
9974 M 1 Pitcher Highway, Shippensburg PA 17257
(717) 532 - 9476
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
FSTATE OF PENNA.
u A'1'r l? ? 11. XUT Z
t LAI14TIFF
NO. 2007 - jj T
VERSUS
;SOU GLAS R . KU`' Z
DEFENDANT
DECREE IN
DIVORCE
AND NOW,
JULY 2 L
IT IS ORDERED AND
DECREED THAT HEATHER R. KUTZ , PLAINTIFF,
AND DOUGLAS R. KUTZ 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
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HEATHER R. KUTZ,
Plaintiff
vs.
DOUGLAS R. KUTZ,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 2007 - 1915 Civil Term
ACTION IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
To the Prothonotary:
Notice is hereby given that the Plaintiff in the above matter:
_ prior to the entry of a Final Decree in divorce.
OR X after the entry of a Final Decree in Divorce
hereby elects to resume the prior surname of CLOUSE avowing her intention pursuant
to the provisions of 54 P.S. §704.
Date: loq
Heather R. Kutz
Prior Name
Heatherklouse
Signature of Name being resumed.
COMMONWEALT OF PENLV? )
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On
this, the day of 2009 before me, the undersigned officer,
personally appeared ea er R. Kutz/ lou rsonally known to me, (or satisfactorily proven) to be the
person whose name is subscribed to a thi instrument, and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereuntrrfttmy hand and
NOTARIAL L SE L • NO P ibIIC
JANE ADAMS
Notary Public co mission expires:
CARLISLE BORO., CUMBERLAND COUNTY
My Commission Expires Ssp 6, 2012
OF THE P. C)TI-'ONOTARY
2004 JUL 22 PM I : G 3
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