HomeMy WebLinkAbout09-3480
JEANNE B. COSTOPOULOS, ESQUIRE
Attorney I.D. No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone No. (717) 221-0900
Attorney for Plaintiff
KEVIN B. ISTVAN,
Plaintiff
VS.
KIMBERLY D. ISTVAN,
Defendant
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No Oq - 3480 0,1"a Ter-+w
CIVIL ACTION - AT 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 at the Cumberland Courthouse, One Courthouse Square, 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
32 South Bedford Street
Carlisle, PA 17013-3308
(717) 249-3166
JEANNE B. COSTOPOULOS, ESQUIRE
Attorney I.D. No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone No. (717) 221-0900
Attorney for Plaintiff
KEVIN B. ISTVAN, THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
No 09- 3y r0? ?c-
VS.
KIMBERLY D. ISTVAN, CIVIL ACTION - AT LAW
Defendant DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Kevin B. Istvan, by and through his attorney, Jeanne B.
Costopoulos, Esquire, and avers the following in support of this Complaint in Divorce:
1. Plaintiff, Kevin B. Istvan, is an adult individual currently residing at 4183 Cove Court,
#101, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
2. Defendant, Kimberly D. Istvan, is an adult individual currently residing at 1102 Copper
Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six months immediately prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on March 1, 1994, in Wilmington, Delaware.
5. There have been no prior actions of divorce or annulment between the parties.
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COUNT I - DIVORCE
6. Plaintiff avers that the grounds on which this divorce action is based are that the marriage
is irretrievably broken.
7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or
its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its amendments.
8. Plaintiff and Defendant are both citizens of the United States.
9. Plaintiff has been advised of the availability of marriage counseling and that he may have
the right to request the Court to require the parties to participate in such counseling.
Being so advised, Plaintiff does not request that the Court require the parties to
participate in counseling prior to a Divorce Decree being handed down by the Court.
10. There are two (2) dependent children from this marriage, namely Joseph G. Istvan, born
March 28, 1994, and Jack S. Istvan, born December 28, 2001.
11. This action is not collusive.
COUNT II - EQUITABLE DISTRIBUTION
12. While no settlement has been reached as of the date of the filing of this Complaint,
Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all
matters with Defendant. To the extent that a written Settlement Agreement might be
entered into between the parties prior to the time of hearing on this Divorce Complaint,
Plaintiff desires that such written Agreement be approved by the Court and incorporated,
but not merged, in any Divorce Decree which might be entered dissolving the marriage
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between the parties.
13. Plaintiff and Defendant are the owners of various items of real and personal property,
furniture and household furnishings acquired during their marriage, which are subject to
equitable distribution by this court.
14. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts,
investments, and insurance policies acquired during their marriage, which are subject to
equitable distribution by this court.
WHEREFORE, Plaintiff, Kevin B. Istvan, requests this Honorable Court to enter a
Decree in Divorce and equitably distribute all property, both personal and real, owned by the
parties.
Respectfully Submitted:
By:
JEANNE B. COSTOPOULOS, ESQUI
Attorney I.D. No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone No. (717) 221-0900
` ATTORNEY FOR PLAINTIFF
Date:
3
VERIFICATION
I, Kevin B. Istvan, hereby verify and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to
unsworn verification to authorities.
Date: 5") a 6 1 o g
Kevin/]K. Ian
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KEVIN B ISTVAN
V.
KTMB RT Y D TSTVAN _ • N~• .~~Q.~4 r' °il `~'A~'iFl
DIVORCE DECREE
AND NOW, ~~M*~s iy~ zdJO , it is ordered and decreed that
Kevin B. Istvan ,plaintiff, and
Kimberl ~ D Tct~~an ,defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.°) None .
By the Court,
Atte t! ~•
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Prothonotary