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HomeMy WebLinkAbout10-3861IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Robert Christopher Kinyon Plaintiff Pro Se, vs. Danuta Zofia Kinyon Defendant Pro Se. n i?lx NO. NOTICE TO DEFEND AND CLAIM RIGHTS N 0 ca } _ rr1 1`T] 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 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 Cumberland County Courthouse, S. Hanover St., Carlisle, PA 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYERS REFERRAL SERVICE Telephone: C'_a1S? The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to y- Notice to Defend and Claim Rights Pagel of 2 l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Robert Christopher Kinyon 428 Hilton Head Ave Carlisle, PA 17015 Plaintiff Pro Se, vs. NO. Danuta Zofia Kinyon 428 Hilton Head Ave Carlisle, PA 17015 Defendant Pro Se. COMPLAINT IN DIVORCE Plaintiff, Robert Christopher Kinyon, pro se, respectfully represents: 1. Plaintiff, Robert Christopher Kinyon, currently resides at 428 Hilton Head Ave, Carlisle, PA 17015. 2. Defendant, Danuta Zofia Kinyon, currently resides at 428 Hilton Head Ave, Carlisle, PA 17015. 3. Plaintiff and Defendant are sui juris, and Plaintiff and Defendant have been resident(s) of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on 03/24/2005, in Carlisle, PA. 5. The parties were separated on 06/03/2010. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Service Members' Civil Relief Act of 2003. 7. The parties have no minor or legally dependent children. 8. There have been no prior actions of divorce or for annulment between the parties. 9. The parties have entered into a written agreement as to equitable distribution of marital property, alimony, alimony pendent lite, fees and costs. Complaint in Divorce Pagel of 2 10. Plaintiff has been advised of the availability of counseling between the parties and Plaintiff acknowledges the right to request that the court require the parties to participate in such counseling in certain instances. 11. Plaintiff waives the right to request that the court require the parties to participate in counseling. 12. Plaintiff alleges the following grounds for the dissolution of marriage: The marriage is irretrievably broken and Plaintiff believes Defendant will consent to the divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce pursuant to Section 3301(c) of the Divorce Code. stopher nyon, Plaintiff Pro Se VERIFICATION Plaintiff verifies that the statements made in this Complaint in Divorce are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to, az[tfiorities. Rob stoph yon, Plaintiff Pro Se Date: Complaint in Divorce Page 2 of 2 f s ;--? ? ?- ?? ?? CERTIFICATION OF EXCERPTS FROM MARRIAGE LICENSE RECORD STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND I,GLENDA FARNER STRASBAUGH , CLERK OF ORPHANS' COURT in and for said County, hereby do certify that the records in this office, as contained in Marriage License Docket, vol. 2005 page 130, show that Marriage License No. 130 was issued on March 18, 2005 to KINYON ROBERT CHRISTOPHER and CEDRO DANUTA ZOFIA (Last, t middle) that the Return to mlaal) said Licenselshows thatesaid persons were married on March 24, 2005 at CARLISLE by J WESLEY OLER J COMMON PLEAS JUDGE KINYON ROBERT CHRISTOPHER stated his date of birth was March 28, 1975 his birthplace PANAMA CITY and the names of his parents PATRICK KINYON GLADYZ KINYON and CEDRO DANUTA ZOFIA stated her date of birth was March 20, 1980 her birthplace KIELCE POLAND and the names of her parents LECH CEDRO JANINA CEDRO IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said court this 31st day of March D. 2 05 c=r GLENDA FARNER STRASBAUGH C L? CLERK OF ORPHANS' COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Robert Christopher Kinyon Plaintiff Pro Se, VS. NO. 1638L I o ? Danuta Zofia Kinyon Defendant Pro Se. ACCEPTANCE OF SERVICE I, Danuta Zofia Kinyon, defendant in this divorce action, hereby certify that I personally received a copy of the Complaint in Divorce with a Notice to Defendant and Claim Rights on or about -7-10 Danuta Zofia Kinyo , efendant Date: V " 7 C= O :5 O 'Ti ZZ, jT r-t Y T' , r? Z to _C Exhibit A: Acceptance of Service Page 1 of 1 r ~1 • ~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVii, ACTinN-i.AW i Robert C 'stopher Kinyon Plai stiff Pro Se, vs. Danuta Kinyon lant Pro Se. 'sNT, made this ~~ day of ~~ C ~ ~~A , 20 i a , Robert Christopher Kinyon, residing at 428 Hilton Head Ave, Carlisle, PA t, Danuta Zofia Kinyon, residing at 428 Hilton Head Ave, Carlisle, PA MARITAL PROPERTY SETTLEMENT AGREEMENT THIS between l 17015, ar 17015. c-ti • c ~ c~ -n ~~ Q ,-~ ~~ rn ~ o rn-- -C ~ --i c~ - '~ fl '17 :.~ ~ ~ `s't ~ . ~~ . ~' N i i ~ 2~ _..:; - : N ~ ~ -.~' WITNESSETH the parties were married on 03/24/2005; the parties filed for 3301(c) Divorce on ~ ~ ~ ~ f ~ ~© ; the parties hereto desire to settle their property rights; WHE AS, both parties agree to relinquish any and all claims which either may have against any roperty now owned or belonging to the other or which may hereinafter be acquired by either o them by purchase, gift, devise, bequest, inheritance, or otherwise, except as to the obligations, (covenants, and agreements contained herein; and, AS, both parties each have had an opportunity to seek the benefit of competent and legal advice by separate counsel. NOW, 'I~HEREFORE, the parties, intending to be legally bound, do covenant, and agree as follows: 1. TNCCURPORATION OF RECITALS The citals on Page 1 of this Agreement are incorporated herein as if set forth in full. Eac paragraph hereof shall be deemed to be a separate and independent covenant and Marital Properly Settlement Agreement Page 1 of 4 2. AP~'LICABLE LAW Th~~~ agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 3. PRIDPERTY TO BE RETAINED BY WIFE. sand and Wife agree that, unless otherwise indicated in this Agreement, the Wife i keep all of her personal clothing and effects; and that the following property shall be retained by Wife: 4. PR~DPERTY TO BE RETAINED BY HUSBAND. and and Wife agree that, unless otherwise indicated in this Agreement, the Husband keep all of his personal clothing and effects; and that the following property shall >e retained by Husband: 5. DENS TO BE PAID BY WIFE. Hu~and and Wife agree that the Wife shall pay the following debts and will not at any tim hold the Husband responsible for them: 6. DEPITS TO BE PAID BY HUSBAND. Hus and and Wife agree that the Husband shall pay the following debts and will not at any ime hold the Wife responsible for them: 7. ALI~rIONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, EXPENSES AND AL MARITAL RIGHTS. of the parties hereto release the other from subsequent claims for alimony, alimony ;nte lite, or spousal support, except as set forth as follows: No s~ousal maintenance shall be awarded to either party. 8. JOINT DEBTS. d and Wife warrant and certify to each other that there are no individual or joint obligations outstanding, other than those listed in paragraphs 5 and 6. Marital Properly Settlement Agreement Page Z of 4 9. D sand and Wife agree that the marriage is irretrievably broken and will proceed with Divorce under 23 Pa. C.A. Section 3301(c). 10. NAgvIE CHANGE. not apply. 11. TAIL ADVICE. transfers set forth herein may result in income, inheritance, estate, and other tax equences to the parties. The parties specifically acknowledge that no attorney lved in the negotiating or drafting of this Agreement has provided any tax advice 'ding the dispositions contained herein. The parties have been advised to seek rate tax counsel concerning the Divorce distributions. Marital Prop$tty Settlement Agreement Page 3 of 4 12. INCORPORATION OF PROPERTY SETTLEMENT INTO DECREE. .band and Wife agree to the incorporation of the Property Settlement Agreement into Decree. IN WITNI~S5 HEREOF, the parties have hereunto set their hands and seals the day and year first written ab e. Robes' 'stop er 'yon, PLAINTIFF On this day of _~ 201 U ,before me, a Notary Public, the undersign officer, personally appeared Robert Christopher Kinyon, Plaintiff, known to me to be the per n whose name is subscribed to the written instrument, and acknowledged that he or she execut the same for the purposes therein contained. IN WITNI~~SS WHEREOF, I hereunto set my hand and official seal. NOTAR COMMONWEALTH OF PENNSYIVAiVIf~, Nohr418ea1 North Fora M. Vopf, Nogry Public E`! ~ ~TwP•, Cumberland County Member, Pennsylvania AssodaNon ofof Notaria~;~ 1 ,..... Danuta Zo a I ' yon,ENDANT On this day of dC~~~ 20 t b , before me, a Notary Public, the undersign officer, personally appeared Danuta Zofia Kinyon, Defendant, known to me to be the person hose name is subscribed to the written instrument, and acknowledged that he or she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOT COMMONWEALTH pP PENNSYLVANIA NWarla18sa1 -" Flora M. Vogt, Notary Publ~ N Ny Com ~A• Cumbsrtand County E>q~ks: May 21, 2013 Member, Pennsylvania Aaaociatlon of Notaries Marital Prope#ity Settlement Agreement Page 4 of 4 Il~f THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~~ CIVIL ACTION-LAW Robert C stopher Kinyon Plai tiff Pro Se, vs. NO. ~pd0-p3Qfp1 Danuta Zo a Kinyo~i Def dant Pro Se. PLAINTIFF'S ACKNOWLEDGMENT A mplaint in Divorce under Section 3301(c) of the Divorce Code was filed on ~9 / ( / 0 In I agree that the marriage of the Plaintiff and Defendant is irretrievably -b-r-oaken an ninety (90) days have elapsed from the date of filing the Complaint. All information contained ithin the attached documentation is true and correct to the best of my knowledge, informatio ,and belief. It i my desire to file with the Cumberland County Court of Common Pleas the attached Marital Pr erty Settlement Agreement and to be bound fully and completely by the terms and conditions set forth within said Marital Property S ent Bement documentation. / - Ro 's p on, ' .Pro Se 0 before me a Not Public the 2 , On this day of QC ,b ~ ,. / 6 , ~5' undersigne officer, personally appeared Robert Christopher Kinyon, Plaintiff, known to me to be the p n whose name is subscribed to the written instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNE~S WHEREOF, I hereunto set my hand and official seal. NOTAR Plaintiff's Aclbnowledgment COMMONWEALTH OF PENNSYLVANIH Noter{al Seal Fora M. Vogt, Notary Public North Middtelon Twp., Cumberland County My Commiseion EnQirea May 21, 2013 Member, Pennsylvania Assodatbn of Not»riar Page 1 of 1 ITT THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Robert C stopher Kinyon Pl tifFPro Se, vs. NO. ~.C>lO -©3~T Danuta Zoa Kinyon De dart Pro Se. DEFENDANT'S ACKNOWLEDGMENT A omplaint in Divorce under Section 3301(c) of the Divorce Code was filed on _~1 l / X1710 . I agree that the marriage of the Plaintiff and Defendant is irretrievably broken an ninety (90) days have elapsed from the date of filing the Complaint. All information contained 'thin the attached documentation is true and correct to the best of my knowledge, informatio ,and belief. It i my desire to file with the Cumberland County Court of Common Pleas the attached Marital Pr erty Settlement Agreement and to be bound fully and completely by the terms and conditions set forth within said Marital Property Settlement Agreement documentation. s` anuta Zofia Kinyo ,Defend o Se On this day of ~c ~p,~~ 20 (~ ,before me, a Notary Public, the undersign officer, personally appeared Danuta Zofia Kinyon, Defendant, known to me to be the person hose name is subscribed to the written instrument, and acknowledged that she executed th same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY COMMONWEALTH OF PENNSYt_VANt~t NWaAaI Seal i Fora M. Vogt, Notary Public North Middleton Twp., Cumberland County My Commisafon a May 21, 2013 MembAf, ennsylvania Assodation of Nnta~~- Defendant's A~,knowledgment Page 1 of 1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Robert C stopher Kinyon Plai tiff Pro Se, vs. Danuta Zo a Kinyon Def dant Pro Se. NO. oZ0/0' 03~ I WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I 2. I f 3. I to the entry of a final decree of divorce without notice. ierstand that I may lose rights concerning alimony, division of property, lawyer's or expenses if I do not claim them before a divorce is granted. ~rstand that I will not be divorced until a divorce decree is entered by the Court and copy of the decree will be sent to me immediately after it is filed with the I v ' fy that the statements made in this affidavit are true and correct. T understand that fals statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to uns orn falsification to authorities. Date: 10 ~ 14 Danuta Zofia Kinyon, Defend ttiNdft~ASN~d3d Al~~f1Q~ ~Nd~1Ll3~b~il~ ~z =z ~a oz loo aioa ~~a ~~;~~~~a~-~~~ ~ a~ Defendant's VV'aiver of Notice of Intention Page 1 of 1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Robert C stopher Kinyon Plai tiff Pro Se, vs. Danuta Zo a Kinyon Def dant Pro Se. NO. ~!O-o3~1 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I 2. I f 3. I i F I f l: Date: ~ ~ to the entry of a final decree of divorce without notice. stand that I may lose rights concerning alimony, division of property, lawyer's expenses if I do not claim them before a divorce is granted. ,rstand that I will not be divorced until a divorce decree is entered by the Court and copy of the decree will be sent to me immediately after it is filed with the ~notarv. ify that the statements made in this affidavit are true and correct. I understand that statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to vorn falsification to authorities. t~ Robert _ 'stop nyon, Plaintiff k~INdR~IJ+S~~~d ~,1~8f10~ QP~ltl~ti~~8~3t1~ ~z :z ~a az ~~o o~~a ,~,~~110NQNi~~Q~ 1~~~.1 ~l~ ~~133 ..t Plaintiffs Waver of Notice of Intention ._ Page 1 of 1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Robert C stopher Kinyon Plai tiff Pro Se, vs. Danuta Zo a Kinyon De dant Pro Se. AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A 2. 3. I aint in Divorce under Section 3301(cl of the Divorce Code was filed on -- ~p ~ ~ and served on Gj // - ~ l narriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days elapsed from the date of filing and service of the Complaint. it to the entry of a final decree of Divorce after service of notice of intention to entry of the decree. I verify tha the statements made in this affidavit are true and correct. I understand that false statements a made subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsificatio to authorities. Date: r anuta Zofia Kinyo , Defen ro Se ~(1p~ a~~i NH3 ~~ ,tl~ OZ .Z ~ OZ 130 OIDZ ~.1~~f1~~~3fl~Q3~ ~~ ~~ ~~I Defendant's A~'fidavit of Consent Page 1 of 1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 CIVIL ACTION-LAW Robert C si Plai ti vs. Danuta Zo a ~pher Kinyon Ef Pro Se, Kinyon lant Pro 5e. NO. ~0~0 - O 38~ ~ AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Aa in Divorce under Section 3301(c) of the Divorce Code was filed on ~ 1p and served on ~1 X `~..0l6 2. The arriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days hav elapsed from the date of filing and service of the Complaint. 3. I cosent to the entry of a final decree of Divorce after service of notice of intention to req st entry of the decree. I verify that a statements made in this affidavit are true and correct. I understand that false statements a made subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification o authorities. Date: I / 0 Robert aintiff Pro Se ~~ i d ~td~ 4~~ ~~~ ~~~ ~~ =z ~a oz X30 o~oz ~o~- ~~ ~a Plaintiffs Affic{~vit of Consent """"~'" Page 1 of 1 IN TH>~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Robert C 'stopher Kinyon Pl 'tiff Pro Se, vs. No. d2,O(p - p 3 ~ 6 l Danuta Zo a Kinyon Def ndant Pro Se. : PRAECIPE TO TRANSMIT RECORD To the Pro onotarv: Transmit the Record, together with the following information, to the Court for entry of a divorce de ee: 1. Gro~nd for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Dat and manner of service of the Complaint: on or about ~V/~/ p ~ via ertified Mail. 3. Dat~ of execution of the Affidavit of Consent: by Plaintiff ~ /d i jq / /d ; by Defendant( / ~q' / ~2p1~j ). 4. Rel ed claims pending: None. 5. Dat f filing of Waiver of Notice of Intention to Request Entry of Divorce Decree Under Sect n 3301(c) of the Divorce Code: by Plaintiff ( /D ! ~O / 20 1~; be I ~ /otD / o2D /b ). 428~3ilton Head A Carlisle, PA 17015 717-791-6279 `V1N~h ASN~3d ,~1~~f14~ "J-1~~~1~~i~ ~~~ ~z a aG 13o Q(~z .~,~~a.o~o ~~~ ~~ .~~ ~~~.~ ~ ~a~~~~ Praecipe to Tra .~ ~mit Record Plaintiff Pro Se Page 1 of 1 Robert Christopher Kinyon Plaintiff Pro Se, V. Danuta Zofia Kinyon Defendant Pro Se. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT!, PENNSYLVANIA : No. 2010-03861 DIVORCE DECREE AND NOW, G.C.. Z 9 ) o t O , it is ordered and decreed that Robert Christopher Kinyon Plaintiff Pro Se, , plaintiff, and Danuta Zofia Kinyon Defendant Pro Se. , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for I 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 claims remain indicate "None.") Onl By the Court, follows: (If no avg. No* yopq 1"40 + &N ryw led 46