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HomeMy WebLinkAbout01-7091JACK E. KUTZ, Plaintiff SHERINE SAMIR TAWFIK, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001- '70t~ ! CIVIL TERM : : 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 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 Prothonotary's Office at the Cumberland County Courthouse, 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, Pennsylvania 17013 (717) 249-3166 JACK E. KUTZ, Plaintiff SHERINE SAMIR TAWFIK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ::NO. 2001-7© [ CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(e) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Jack E. Kutz, through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Jack E. Kutz, is an adult individual whose legal home-of-record address is 22 Timber Lane, Mount Holly Springs, Cumberland County, Pennsylvania 17065. Plaintiff is currently enlisted in the United States Air Force, and .is stationed and resides at 2732 Hasfrton Road, McGuire Air Force Base, New Jersey 08641. 2. The Defendant, Sherine Samir Tawfik, is an adult individual who currently resides at 2732 Harmon Road, McGuire Air Force Base, New Jersey 08641. 3. The Plaintiff has been a bona fide, legal resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 29, 1999 in Alexandria, Egypt. There have been no prior actions of divorce or for annulment between the parties. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff is a citizen of the United States of America; Defendant is a citizen of Egypt. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Jack E. Kutz, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. Date: Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX VERIFICATION I verify that the statements made in this Complaint are true and correct. I tmderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. K E. KUTZ, Plairt~i'f JACK E. KUTZ, Plaintiff Vs SHERINE SAMIR TAWFIK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-7091 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please reinstate the above-captioned case for the purpose of securing service upon the Defendant. Date: Respectfully submitted, Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX JACK E. KUTZ, Plaintiff SHERINE SAMIR TAWFIK, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-7091 CIVIL TERM : : CIVIL ACTION - LAW : 1N DIVORCE PETITION OF COUNSEL FOR LEAVE TO WITHDRAW Thomas S. Diehl, Esquire, hereby respectfully petitions this Honorable Court for Leave to Withdraw as Counsel for the Plaintiff, Jack E. Kutz, and in support thereof, avers as follows: 1. Petitioner is Thomas S. Diehl, Esquire. 2. Respondent is Jack E. Kutz. 3. Petitioner was retained by the Respondent on or about December 17, 2001 to represent him relative to a divorce action in Cumberland County, Pennsylvania. 4. Subsequent to the filing of the divorce complaint, Petitioner has had difficulty in securing service of the complaint upon the Defendant and her legal counsel, Mark Glyptis, Esquire, of Trenton, New Jersey. 5. Respondent has hired a Constable through the Burlington County Sheriff's Office to secure service of the complaint, however they have not at this juncture been able to secure service either. 6. Respondent has contacted Petitioner's office multiple times expressing his frustration at Petitioner's inability to have the Defendant served directly or through third parties. 7. Respondent's actions have been unreasonable and disruptive to Petitioner's ability to zealously represent the Respondent. 8. Petitioner's continued representation of the Respondent has been rendered unreasonably difficult by the Respondem. WHEREFORE, the Petitioner, Thomas S. Diehl, Esquire, respectfully requests this Honorable Court to issue a Rule upon the Respondent to show cause, if any, why the Petitioner should not be granted leave to withdraw as counsel. Respectfully submitted, Date: March 5, 2002 o~~as~quire One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 I.D. Number: 78942 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Thomas S. Diehl, Esquire JACK E. KUTZ, Plaintiff SHERINE SAMIR TAWFIK, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-7091 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT day of ~ AND NOW, this Counsel For Leave to Withdraw having been read, considered, and ordered filed, the Court hereby orders that a Rule be and is issued upon the Respondent, Jack E. Kutz, to show cause why the Petitioner should not be permitted to withdraw as counsel, said Rule to be returnable within ~9 of the date of this Order. days of service ,2002, the within Petition of BY THE COURT: JACK E. KUTZ, ~,~ r ..... : ~ THE COURT OF COMMON PLEAS OF Pl~nti~yd~L] ~; :.~[f~UMBE~AND CO~TY, PE~SYLVANIA ~,TL 7:~'~ ' 7. J.: v. : NO. 2001-7091 CIVIL TE~ : SHE~E SAMIR TAWFIK, : CIVIL ACTION - LAW Defend~t : ~ DIVORCE AFFIDAVIT OF SERVICE I, ~J~caJt~ d,/~_z~t/ , an adult individual, hereby certify that a Complaint in Divorce was served upon the above-captioned Defendant, Sherine Samir Tawfik's place of employment, Roger's Travel, located at ]'lO(o ~/~ ~ , McGuire's Air Force Base, New Jersey on the ~(' day of -~j[ ,2002, at approximately ,/p o'clockS[ .m. The Complaint in Divorce was served upon ~_t,4zT~tJ', ~/~ (Defendant accordance with Pa.R.C.P. 1930.4(a)(1) or Pa.R.C.P. 1930.4(a)(2)(iii). DATE: By: Sig~ '"' Name I Title $ ~ ! / Address City, State Telephone · ~ARTHA 8 MCINTYREI VjOHNSON Notary Pub{it of New Jersey My Commission Expires 3-23-2~3 JACK E. KUTZ, Plaintiff Vo SHERINE SAMIR TAWFIK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-7091 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE 1. A complaint in December 18, 2001. AFFIDAVIT OF CONSENT divorce under §3301(c) of the Divorce Code was filed on 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from 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. 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. § 4909 relating to unswom falsification to authorities. Date: ~//~//D E. (~ff<~ ~.. ~ ~k/E. Kutz, Plaintiff o WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) O..__F THE 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 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 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. § 4909 relating to unsworn falsification to authorities. Date: J~E. Kutz, Plaintiff JACK E. KUTZ, Plaintiff SHERINE SAMIR TAWFIK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-7091 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on December 18, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from 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. 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. § 4909 relating to unsworn falsification to authorities. Date: __.~/.2/ /~-Z ~ -'/~,~l, ~_ ~ ~'/,,~ endant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE 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 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. § 4909 relating to unsworn falsification to authorities. Date: ~/7[b?. ~~~--~.',~ ~ (717) FIlE COURT OF C()MM()N l:'l.15?~S ()l: iMBER[,AND C()[rNIy, P/~NNSTI.V.~NLA NO. 2001-7091 ('IVIL I'ERM CIVIl, ACTION 'IN /)IVORCt5 I)IIAECIPE TO TRANSMIT RECORD 1'() TIll,: PROTItONOTARY: l'ransmit thc record, together ~;ilh the lbllo;~ing inlbrmalion. Io the Court for cntrx o1' a dix orcc decree: 1. (h'ound for dixorcc: irretrievable breakdox~n under § 3301(ci 3~qtd:) of thc l)ixorcc ('ode. (Strike out inapplicable section). 2. Date and manner of set;ice ol'the Complaint. Service was made on Marcih 8, 2002 x ia lbo ~hcrit'l's Department of 13m'lington County. New Jersey. q. (('omplelc either paragraph (a). or (b).) (a) l)atc of' execution of thc A ltidavit of Consent required bx ¢ 330l(c)o1' thc l)ixorcc ('ode: b} thc Plaintiff: June 21,2002: by the Defendant: June 21, (b) (1) Date or'execution oCthc ~laintif?s Atfidavit required by 3 ~01(d) ()/'tho Dixorce (2) Date o1' service of the PlaintifPs Affidavit upon the Detbndant: 4. Related claims pendin,d: None. Date: .'%plcmber 4, 2002 5. (Complete either (a) or (b): (a) Date and manner of service o:f the Notice of Imention to File Praecipe 1o 'l'raasmit Record. and a cop)of which is attached: ~b) Date of' execution o1' the : .... :-~-=--~ ...... ' X~a~x'er of Not~ce of Intention to File Dixorcc Dcctcc as rcqtfircd by ~ 3301(c) o17 the Divorce · ~ ' ..... : · lune 21, 2002. Code: bv the Plaintiff: June 21, 2002: by the Defendant: d . ~'- - - Dtehl, Esquue Attorney tbr Plaintiff tttillilplllilllllll I !11111~111 ~1 lima iIIll I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF JACK E. KUTZ, Plaintiff VERSUS SHERINE SAMIR tAWflk, Defendant PENNA. No. 2001-7091 Decree IN DIVORCE AND N OW, ___~ ~/.~ JACK E. KUTZ DECREED THAT SHERINE SAMIR TAWFIK AND , it IS ORDERED AND , PLAINTIFF, , 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. BY Tht . ATTEST: ~ J.