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HomeMy WebLinkAbout03-4462ELENA A. KlYrNEY, Plaintifl~, V. EMERY J. KUTNEY, JR., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: CIVIL ACTION - LAW : 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 in divorce or annulment may be entered against you by the Court. A judgraent may also be entered against you for another 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 ofmaniage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 ELENA A. KUTNEY, Plaintiff, V. EMERY J. KUTNEY, JR., Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Elena A. Kutncy, by and through her attorneys, Mancke, Wagner & Spreha, and files thc following Complaint in Divorce: 1. The Plain4iff, Elena A. Kumey, is an adult individual currently residing at 1101 Lindham Court, No. 303, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Emery J. Kutney, Jr., is an adult individual currently residing at 3804 Bellows Drive, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint. 4. Plaintiff and Defendant are husband and wife having been married on April 8, 1995, in San Diego, California. VERIFICATION I verify that the statements made in the foregoing document 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. ELENA A. KUTNEY, Plaintiff VS. EMERY J. KUTNEY, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03- 4462 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVIC, E I accept service of the complaint in divorce. I certify that I am Emery J. Kutney, Jr., the Defendant named in the above captioned divorce proceedings. Date: Emer'/J. ~(utl~y, ~ 3804'Bellows Drive Camp Hill, PA 17011 ELENA A. KUTNEY, Plaintiff VS. EMERY J. KUTNEY, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4462 CIVIL : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 l(c) of the Divorce Code was filed on September 10, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 AUTHORTIES. DATE: KUTNffff . ELENA A. KUTNEY, Plaintiff VS. EMERY J. KUTNEY, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03 - 4462 C. IVIL : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RF-,~.UEST ENTRY OF A DIVORCE DECREE UNDR~ SECTION 3301(C) OF THE DIVORCE CODR 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 THE FOREGOING 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 AUTHORTIES. DATE: ELENA A. KUTNEY, Plaintiff, V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4462 CIVIL TERM EMERY J. KUTNEY, JR., Defendant. : CIVIL ACTION - LAW : 1N DIVORCE AFFIDAVITOFCONSEN~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 10, 2003. 2. The mamage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fi.om the date of filing and 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. 4. I undemtand 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 tree 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: Elena A. Kutney ELENA A. KUTNEY, Plaintiff, V. : IN THE COURT OF COMMON PLEAS : CLrMBERLAND COUNTY, PENNSYLVANIA · NO. 03-4462 CWIL TERM EMERY J. KUTNEY, JR., Defendant. : CIVIL ACTION - LAW · IN DIVORCE WAIVER OF NOTICE OF INTENI3ON TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c) 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 fights concerning alimony, division of property, lawyer's 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 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to authorities. Elena A. Kutney J DATE: ELENA A. KUTNEY, Plaintifl~, EMERY J. KUTNEY, JR., Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO: 2003-4462 : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT THE 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(¢), 3301(d) of the Divorce Code. (Stxike out inapplicable section.) 2. Date and manner of service of the Complaint: Aceep~mce of Service by Defendant's counsel, on September 19, 2003. 3. (Complete either paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (¢) of the Divorce Code: By Plaintiff: 12/19/03 By Defendant: 12/19/03 (b) Date of Execution of the Plaintiff's Affidavit reqmred Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit unto the Defendant: 4. Related claims pending: None 5. (Complete ether (a) or (b).) (a) Co) (c) Date and manner of service of the Notice of/ntention to File Praecipe to Transmit the Record, and attach a copy of said Notice under Section 3301 (d) (1)(i) of the Divorce Code: Date Plaintiff's Wavier of Notice was filed with the Prothonotary: 12/31/03 IN THE COURT Of COMMON PLEAS STATE OF ELENA A. KUTNEY VERSUS EMERY J. KUTNEY, JR. Of CUMBERLAND COUNTY NO. PENNA. 2003-4462 CIVIL AND NOW, DECREED THAT DECREE iN DIVORCE ELENA A. KUTNEY ,x I: ff . , I1~ , IT IS ORDERED AND , PLAINTIFF, AND E]V~RY J. Ktm~Y, ir. , 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 ATTEST: 7~~p J' ROTHONOTAR~