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HomeMy WebLinkAbout05-2397 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLV ANIA STEVEN C. KOHLS, PLAINTIFF, Civil Action---Divorce eI0~l'-r~ Docket No. ?l.\' -.J.N7 V. CYNTHIA D. KOHLS, DEFENDANT, NOTICE TO DEFEND AND CLAIM OF 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. 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 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA STEVEN C. KOHLS, PLAINTIFF, Civil Action---Divorce Docket No. V. CYNTHIA D. KOHLS, DEFENDANT, A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se Ie avisa que si no se defiende, e\ caso puede proceder sin usted y decreto de divorcio 0 anulaminento puede ser emitido en su contra por \a Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una Iista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARlOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEV AR ESTE PAPELA UN ABOGADO DE INMEDIA TO SI NO TIENEPUEDEP AGAR UN ABOGADO. VA Y A 0 LLAME A LOFFICINAINDICADA ABAJO PARA A VERlGUAR DONDE PUEDE OBTENER AS IS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYL VANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 330l(a)(6)nnmIndignities 23 Pa.C.S. & 330l(c)n-n--n-Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 330l(d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonab Ie prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA STEVEN C. KOHLS, PLAINTIFF, Civil Action---Divorce Docket No. oct- ;239'7 V. CYNTHIA D. KOHLS, DEFENDANT, COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES I. Plaintiff is Steven C. Kohls, an adult individual, sui juris an who currently resides at 5905 Hillside Lane, Mechanicsburg, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Cynthia D. Kohls, an adult individual, sui juris, who currently resides at 5905 Hillside Lane, Mechanicsburg, in the County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the 51h day of August, of 2002, in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant are in the military service of the United States within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since June 26, 2004. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. The parties do not have any biological children born within the marriage. 12. The parties have not heretofore entered into any written agreement as to support, alimony, or property division. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 330l(c) of the Divorce Code. G go S. t At ney for Plaintiff 7 West Main Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 VERIFICATION I verify that upon personal know ledge or information and belief 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. A ~ ?~ Steven C. Kohls, Plaintiff Date: 7- 11- CJ Y ~ -'0. AJ - ...0 lL C> C> - ~ VI. ~ C> VJ ~ ,...., r-' 0 co:",) ~ I)..J \;..: ~:.:::';) -.., .~: ~ cJ' ..... ~ :;:.::' :l: -;"'\ "'>Y -"". n1e; -..,] , :\7,\-:1 $; -U U) '(;:!, (:.~, """JC"'\"l ~ ~ <."' ....0 ('., ;~~, :.:.- ?-~.'i;<\ , t!'! ~!\ ~ U1 -~1 ...c .- '. , SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF STEVEN C. KOHLS AND CYNTHIA D. KOHLS THIS AGREEMENT, made this ?) \ hetween Steven C. Kohls, hereinafter referred to day of-dlli~, 2005, by and as" Husband, and Cynthia D. Kohls hereinafter referred to as" Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on 5lh day of August 2002 H1 the County of Cumberland, Commonwealth of Pennsylvania. WHEREAS, certain differences have arisen between the parties as a result of which they have separated and, and are desirous, therefore. of entering into an agreement whieh will provide for support, distribute their marital property, and will provide for their mutual responsihilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreelnent. ;\lOW, THEREFORE, in consideration of the above recitals and the following covenalll, and promises mutually made and mutually to be kept, the parties heretofore, intending to he' legally bound and to legally bind their heirs' successors and assigns thereby, covenant. pronlISc and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. , INTERFERENCE: Each party shall be free from interference, authority and contact by the other as fully as if he 0[' she was single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other. nor compel thc other to cohabit with the other, nor in any way harass or malign the other. nor III allY way interfere with the peaceful existence. separate and apart from the other in all respects 'IS if hc or she were single and unmarried . , 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about June 26"', 2004. she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred bv he,' subsequent to the entry of the divorce decree. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about June 26"', 2004, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shaH indemnify and save Wife harmless from any and all claims and demands made against her by reasons of debts or obligations incurred by him (A)OliTSTANDlNG MARITAL DEBTS: It is represented as between the parties that there tS currently no joint marital debts incurred during the marriage, 5 LEGAL REPRESENTATION It is hereby acknowledged and understood as between the parties to this agreement th;1I Husband is represented by Gregory S. Hazlett, Esquire and Wife has been advised that she has a right to retain counsel of her choosing. Each party has reached this agreement without any duress, coercion, or undue influence and has accordingly entered this agreement voluntarily and knowingly. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement. each party waives his or her right to any and cd I legal or equitable claims not otherwise provided for or allowed within this agreemcm. inasmuch CIS the pat1ies hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended, Subject to the provisions or this Agreement. each party has released and discharged, and by this Agreement does for himsel I' or hcrsL'1 f. aod his or her heirs, legal representatives, executors, administrators and assigns. release "nel dIScharge the other of and from all causes of action. claims, rights or demands whatsoever in la\\ \ll equity, which either of the parties ever had or now has against the other, except any or all cause' (" causes of action ror divorce and except in any or all causes of action for breach of any provisions u [' this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 ofthe Divorce Code. 2 . 7 EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income. vocational skills, employability, estate, liabilities and needs of each 01 Ihl' parties: the contribution of each party to the education, training or increased earning power ,>I Ihe other party: the opportunity of each party for future acquisitions of capital assets and incol11c: the sources of income of both parties' including but not limited to medical, retirement. insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party: the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sate or exchange of assets, funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights 01 the panies. A. DISTRIBUTION OF PERSONAL PROPERTY The parties hereto have divided equally all personal items consisting of, but not by way of li1l1llation, the household furnishings, appliances. and other household personal propertv ,>I whatever type, description, and form. between them, and they mutually agree that each parl\ shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Hushand and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the olher for any interest is such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedol11 of disposition as to his/her separate property and any property which they have divided e4ually pursuant to this agreement and may mortgage, sell, grant, convey, or otherwise encumher or dispose of such property, whether real of personal, whether such property was aC4uirecl hefore. during or after the marriage, and neither Husband nor Wife need join in, (OIl,el1l to, or acknowledge any cleed. mortgage, or other instrument of the other pertaining III such disposition of property. 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA STEVEN C. KOHLS, Plaintiff, No. 05-2397 v. Civil Action - Divorce CYNTHIA D. KOHLS, Defendant ACCEPTANCE OF SERVICE Cynthia D. Kohls, accept service of the Complaint in Divorce, Notice to Defend and Notice of A vailability of Counseling in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. 4,-/';},()/O> Date (.~_f1Axfb ~ jJ. Cynthi D. Kohls, Defendant !{ flU / - I '3 IS. P;'J-+- /):f"u../l:' Mailing Address (",,\I:s\-t:.. PI') )70/3 ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COLNTY, COMMONWEALTH OF PENNSYLVANIA STEVEN C. KOHLS, PLAINTIFF, Civil Action---Divorce Docket No. 05-2397 V. CYNTHIA D. KOHLS, DEFENDANT, CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that on the 20TII day of May 2005 I made service of the foregoing Divorce Complaint and related documentation, upon the following interested parties listed hereunder by way of first class mail postage prepaid. MR. CYNTHIA D. KOHLS 5905 HILLSIDE LANE MECHANICSBURG. PA 17050 DATI. 10/2512005 / /' - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA STEVEN C. KOHLS, PLAINTIFF, Civil Action---Divorce Docket No. 05-2397 V. CYNTHIA D. KOHLS, DEFENDANT, AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) of the Divorct: Code was filed on May 9111. 2005 and served upon the defendant by way of an Acceptance of Service on May 20'h.2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have Elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers Fees or expenses ifI do not claim them before a divorce is granted. 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date; /0- / '7'- J 00 5 (1A-JL p ~.,&~ C. nthm D. Kohls, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEAL TH OF PENNSYLVANIA STEVEN C. KOHLS, PLAINTIFF, Civil Action---Divorce Docket No. 05-2397 V. CYNTHlA D. KOHLS, DEFENDANT, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 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 ifI do not claim them before a Divorce is granted. :; I understand that I wit! not be divorced until a Divorce Decree is entered by the Court, and that a copy of the Decree wit! be sent to me immediately after it is filed with the Protbonotary. 4. 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. & 4904 relating to unsworn falsification to authorities. Date:~~'I" .2.005 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA STEVEN C. KOHLS, PLAINTIFF, Civil Action---Divorce Docket No. 05-2397 V. CYNTHIA D. KOHLS, DEFENDANT, AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on May 911'. ZOOS and served upon the defendant by way of an Acceptance of Service on May ZOllo, ZOOS. Z. The maniage of plaintiff and defendant is inetrievably broken and ninety days have Elapsed from the date of service of the divorce Complaint. 3. [ consent to the entry of a final decree of divorce. 4. I understand that I may lose rights eoneeming alimony, division of property, lawyers Fees or expenses if! do not claim them before a divorce is granted. 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. Cons. Stat. S 4904 relating to unsworn falsification to autborities. Date: 1-0., 1'1- 05 A~ ~ Steven C. Kohls, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEAL TH OF PENNSYLVANIA STEVEN C. KOHLS, PLAINTIFF, Civil Action---Divorce Docket No. 05-2397 V. CYNTHIA D. KOHLS, DEFENDANT, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE I. [consent to the entry of a final Decree of Divorce without notice. 2 [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. [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. 4. 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. & 4904 relating to unsworn falsification to authorities. ~ ~. /~~ Steven D. Kohls, Plaintiff Date: /0' 1'1- 05 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEAL TH OF PENNSYLVANIA STEVEN C. KOHLS, PLAINTIFF, Civil Action---Divorce Docket No. 05-2397 \is. CYNTHIA D. KOHLS, DE~-ENDANT, PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information. to the COllrt for entry' o( a divorce decree: I. Ground Jill' divorce: irretrievable breakdown under Section 3301((') of the Divorce Code. 2 The cOlllpla1l11 in Divorce \vas filed on the 9111, day of May, 2005 and served on the May 14"'.1005 hy way of Aceeptance of Service on (attached hereto) _\. The plal11tll't; signed his A11Idavit of Consent and Waiver of Noriee of 1ntentlOI1 on the 14'" day of May 2005. 4. Ihc defendant Signed his Aftldavit of Consent and Waiver of Notice of l11\el1tlol1 to Rcquest Fl1try of Divorce Deerce 011 14'" day oC May 2005. ~ Jl1LTt' arl' no related claims have been settled by way of a Marital Settlement /\~!:recJ11cnt executed on the 31'1 day of January 200S. (l. The defendant Signed a Waiver of Notice of Intention to Request Entry of Div'orcL' DeerCt' pursual1t to Rule 1920.72 a copy ofwhteh is attached hereto ,/ Date: 10125/2005 ,.-,,,... Atty. J.D. 69528 --- - + + + + +0+:+ +++++++ +:f.++++ ++++ + + ++++ ++++++ :f.++++++++:f. IN THE COURT OF COMMON +++++++++ ++++++ + , , PLEAS : , , , , , , , , , , , , , , , , , + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + , + + + + + + + + + + + + + + + + + + , + + + + + + + , , , + , + , + , , , , , + + + ++++++++++++++++++++++++++ OFCUMBERLANDCOUNTY STATE OF PENNA. STEVEN C IU1I-ILS No. 05-2397 PL'.INTI"" VERSUS CYNTHIA D. KOHLS DEFENDANT DECREE IN DIVORCE AND NOW, t0~( d"J.."tfl~ . 21111$ , IT IS ORDERED AND DECREED THAT STEVEN C. KOHLS. , PLAINTIFF, AND CYNTHIA D. KOHLS, , 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; Thp M3rital Spparation Ar.reement executed on the 31sT day of January Z005 shall he Incorporated into the Divorce Decrce.' A.. Am~! PROTHONOTARY ++ ++++++ + +++++:+: +. ++ +:+: :+: + J. + 1 .;/r;? % ~ ~~c, _f/:J yo p ~c# P ~ /'7r?W/ -4~F '/"9>)- r:' /1 , . . ... .~~. ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :;YevQ.,... c:. Ko\.r\\s Plaintiff Vs FileNo. 0':)- ds9'7 IN DIVORCE ~Y\~""( c; \>. KolrJ t s Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or -y- after the entry of a Final Decree in Divorce dated ;Vo.) I ;;J.()ct), I hereby elects to resume the prior surname of (-+ fi-\~ I e.l d.. , and gives this written notice avowing his I her intention pursuant to the provisions of 54 P.S. 704. Date: '(.Q,h, 8<1, C) ()() (p (If d,;"" ~ t..Ja Signature ~ 1tJ-t :fJ// S gnature of name bemg resumed COMMONWEj\LTH OF PENNSYLVANIA ) COUNTYOF(I'L_b"", h...,;)..L On the~yof~ Lo/.1L.{ , 200k before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he! she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. I...... d~c P,~c.e&"ttJ~ Prothonotary or Notary Public NOTARIAL SEAl PRalHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE' MY CO.MMISSION ~IRE~ JANUARY 4. ? l' I' ~ ~ ~ .l " .~ I " {'. " ~" , "-- .:t (> , . .......,. ~. ~ "" ~ '<- ..--,. N .. ~ :,", V\, ~ ~ -- ~ '" ~ S<... ....".."",.'.-,'-....,....__._- . '. "', ,.!.-~t'G (JtJ t ~ (::r- ~ ., r r -cJ C Yv ., ~ r <rt ~~ r-(] (/I 0.{- 0)