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HomeMy WebLinkAbout04-5231 PATTID. KUSHTO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Defendant : CIVIL ACTION - LAW ; NO, 2004 -!5 23 J : IN DIVORCE CIVIL TERM v. GARY D. KUSHTO, NOTICE 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 the Cumberland County Court House, High and Hanover Streets, Carlisle, 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 MA Y 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, P A 17013 Phone: (717)249-3166 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PATTI D. KUSHTO, v, : CIVIL ACTION - LAW Defendant : NO, 2004 - $.<3/ : IN DIVORCE CIVIL TERM GARY D. KUSHTO, COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE l. Plaintiff is Patti D. Kushto, who currently resides at 134 West Willow Street, Carlisle, Cmnberland County, Pennsylvania, since 1992. 2. Defendant is Gary D. Kushto, who currently resides at 1804 Rancocas Road, Burlington, New Jersey, 08016, since 1994, 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on July 29, 1967, in Huntsdale, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken, 7, Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling, 8, Plaintiff requests the Court to enter a Decree of Divorce. I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, ~ 4904, relating to unsworn falsification to authorities. Date: lo/1i () (J o~ to. 16~J.)tJi;..J> Patti D. Kushto, PI1iJtiff ANDREWS & JOHNSON By: 7U V~ 9- ~ ~ ~ 'il: +t-Z '2 ~ . p ~ ~-? ~ u "" () ':;T-' :> (r () ::s ~ Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PATTI D. KUSHTO, v. : CNIL ACTION - LAW Defendant : NO. 04-5231 : IN DIVORCE CIVIL TERM GARY D. KUSHTO, AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this S day of November 2004, I, Ronald E. Johnson, Esquire, attorney for Patti D. Kushto, Plaintiff in the above-captioned action, hereby swear that I have served a true copy of the Complaint in Divorce, with Notice to Defend and Claim Rights, executed by the Plaintiff in the above- captioned matter, upon the Defendant at his residence at 1804 Rancocas Road, Burlington, NJ 08016, by depositing the same in the U.S. Mail, postage prepaid, certified, deliver to addressee only, return receipt requested. A copy of the return receipt card signed by the Defendant on October 29, 2004, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. ANDREWS & JOHNSON Sworn and subscribed to before me this 5~ay ofNovem 2004. ~ No -- NOTARIAL SEAL SHELLY SEXTON, Notary Public Carlisle Boro, Cumberland County My Commission Expires April 26., .~007 _ · ~""1'~AIIo~ , 1t8m4Jf~..' .~,....IIJ'~... . . Prtnt~. ~. ,~. . 'I IO~ '. ~.. een.f.to)'llU. .11 · A '_', " 10........"...01."1.:-. lor.. .. r Ip8Ce PDIbB. . I ' . "'-, ..' I 1. 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KUSHTO, v. : CIVIL ACTION - LAW Defendant : NO. 04-5231 : IN DIVORCE CIVIL TERM GARY D, KUSHTO, AFFIDAVIT OF CONSENT I, A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on October 19,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. 9 4904, relating to unsworn falsification to authorities. Date: d//I//J...,- QaJ:L' {;), ~.uA 110 Patti D. Kushto, Plainfif1 ,i! Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PATTI D, KUSHTO, v, : CIVIL ACTION - LAW Defendant : NO. 04-5231 : IN DIVORCE CIVIL TERM GARY D, KUSHTO, AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301 (c) ofthe Divorce Code was filed on October 19,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. 9 4904, relating to unsworn falsification to authorities. Date: 2 -I Z - (')5 J (\.- d- j~ llJ 1 k-, Gary D, Kus to, Plaintiff .\\ ...-:-; Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PATTI D, KUSHTO, v, : CIVIL ACTION - LAW Defendant : NO. 04-5231 : IN DIVORCE CIVIL TERM GARY D. KUSHTO, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCJi: DECREE UNDER ~ 3301(c) 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 rights concerning alimony, division of property, lawyer's fees or expenses if! 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. 94904, relating to unsworn falsification to authorities. Date: ,z //1 J~ .,- , , CJtf}1J:,~ f2), ~~ Patti D. Kushto, Plaiilt ff .~., \ c"', .. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PATTI D. KUSHTO, v. : CIVIL ACTION - LAW Defendant : NO. 04-5231 : IN DIVORCE CIVIL TERM GARY D. KUSHTO, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I. 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! 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. 94904, relating to unsworn falsification to authorities. .-; I '7 /,/...;:' Date: c: ~ C-\.J--J ~ t>~lh~ Gary D. K< shto, Plaintiff ("::' ..;.~ - PATTI D. KUSHTO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW GARY D, KUSHTO, Defendant : NO. 04-5231 : IN DIVORCE 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: I. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2 Date and manner of service of the complaint: October 29, 2004 bv restricted, certified mail, return receipt. 3. Date of execution ofthe affidavit of consent required by Section 330 1 (c) of the Divorce Code: by the PlaintitfFebruarv 11. 2005; by Defendant Februarv 12,2005. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: f/f#r Date Defendant's Waiver of Notice In ~3301(c) Divorce was filed with the Prothonotary: ri.t;/O.! ANDREWS & JOHNSON Date: :z.// ~ I ,2005 . . . . . . . . . . . . . . . . . . . . . . . "':+::+::+:'F.:f. . . . . . . . . . . . . . . . . . . . . . . . :+::+: Of. Of. '+' +;+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of:+::+ 'f';+; +t .. :+::+: ;Ii :+: Of. . ... . . . . . IN THE COURT OF COMMON PLEAS STATE OF . . . . . . . . . . . Patti D. Kushto . VERSUS . . . . Gary D. Kushto OF CUMBERLAND COUNTY PEN NA. Plaintiff No. 04-5231 Defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . AND NOW, DECREED THAT AND . . . . . . DECREE IN DIVORCE ~~23 '- ~ ~"\ IT , , IS ORDERED AND Patti D. Kushto , PLAINTIFF, Gary D. Kushto ARE DIVORCED FROM THE BONDS OF MATRIMONY. , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT . . !+''f.:+:+. '+' None J, . :f.:+::+: Of . :+;+: +. 'f.'t'+. ,~~ ~ ~1L, w.),ee ~ fr -? ~ ~ n sr;;,k.e 'll: .....,. ". 1.' ...,.....