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HomeMy WebLinkAbout03-4821MARILYN E. KAUTZ, Plaintiff VS. KENNETH E. SPOTTS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2003- 4t,a-2~ CIVIL TERM : 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 foregoing 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 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 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: Office of the Prothonotary Cumberland County Court House 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, Pennsylvania 17013 Telephone: (717) 249-3166 MARILYN E. KAUTZ, Plaintiff VS. KENNETH E. SPOTTS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- l/pal IN DIVORCE CIVIL TERM NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this 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 days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. MARILYN E. KAUTZ, Plaimiff VS. KENNETH E. SPOTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 2/t~;2/ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW comes the above-named Plaintiff, MARILYN E. KAUTZ, by her attorney, Michael L. Bangs, Esquire, and makes the following Complaint in Divorce: 1. The Plaintiff is MARILYN E. KAUTZ, an adult individual who currently resides at 2095 Clarendon Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is KENNETH E. SPOTTS, an adult individual who currently resides at 1101 Yverdon Drive, Apt. A6, Camp Hill, Cumberland County, Pennsylvania. 3. Both the Plaintiffand 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 July 5, 1996, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff requests this Court to enter a Decree of Divorce in this matter pursuant to Section 3301(c) of the Divorce Code. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to Section 3301(c) of the Divorce Code. I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. Section 4904 (unsworn falsification to authorities). Date MICHAEL L. BANGS/ / · ~ t20 ~oeuYt hf°lrsP 't h~S~ i~ft C /" ' Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 MARILYN E. KAUTZ, Plaintiff VS. KENNETH E. SPOTTS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 4 8 21 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE BY CERTIFIED MAIL MICHAEL L. BANGS, being duly sworn according to law, deposes and says as follows: 1. That he is the attorney for the Plaintiffherein. 2. That on September 16, 2003 , he delivered to the U.S. Postal Service in Camp Hill, Pennsylvania, as certified mail (Receipt No. 7 002100000050 ~,Sr~l~ ~eceipt requested, addressed to the Defendant herein, a true and correct copy of the Complaint in Divorce filed in the above-captioned action duly endorsed with a Notice to Defend and Claim Rights. 3. Said return receipt card is attached hereto as Exhibit A showing a date of delivery to the Defendant of Sworn to and subscribed be f .o~4a2~ 01tl~is ~2~day of ~1~1~ IL~, ~ 2003.. ~o~ary Public Sept ember BANGS EXHIBIT A MARILYN E. KAUTZ, ) Plaintiff ) ) ) KENNETH E. SPOTTS, ) Defendant ) 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 41321 CIVIL TERM AFFIDAVIT OF CONSENT Pursuant to Pa. R.C.P. Rule 1920.72 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 12, 2003. 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 in Divome either after service of a 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 unsworn falsification to authorities. Date MARILYN E. KAUTZ, Plaintiff VS. KENNETH E. SPOTTS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 4 8 21 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF TIlE 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 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. /2-/?-o3 Dated MARILYN E. WAUTZ MARILYN E. KAUTZ, ) Plaintiff ) ) ) KENNETH E. SPOTTS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 4 82 1 CIVIL TERM AFFIDAVIT OF CONSENT Pursuant to Pa. R.C.P. Rule 1921).72 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 12, 2003 . 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 in Divorce either after service of a 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 unswom falsification to authorities. Date KENNETH E. SPOT S--~ MARILYN E. KAUTZ, Plaintiff vs. KENNETH E. SPOTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 4 8 2 1 CIVIL TERM 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) 3~I~(~ of the Divorce Code. (strike out inapplicable section) 2. DateandmannerofserviceoftheComplaint: Served by certified mail, restricted delivery, Defendant accepted service on September 18, ·2003. 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 12/19/03 .; by Defendant 12/19/03 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: ; (2) date of filing and service of the PlaintifFs affidavit upon the respondent: 4. Related claims pending: There are no outstandin~ J ~.qno~- 5. Complete either paragraph (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: (b) Date PlaintifFs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: MAILED to Prothonotary 12/19/03 Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: MAILED to Prothonotary 12/19/03 M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF j~~ PENNA. MARILYN E. KAUTZ Plaintiff VERSUS KENNETH E. SPOTTS Defendant NO. 2003-4821 CIVIL DECREE IN DIVORCE AND NOW, ~J~ 3~' DECREED that MARILYN E. KAUTZ KENNETH E. SPOTTS AND , ~ , IT IS ORDERED AND , PLAINTIFF, , DEFENDANt, ARE DIVORCED FROM The BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLIOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT Yet BEEN ENTERED; There are no De~ndin§ matters. BY THe/COURT:/