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Home My WebLink About05-3310 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29820 64 SOUTH Pin STREET CARLIaLE PA 17013 (717) 243-8090 ATTORNEY FOR PLAINTIFF Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .lACK E. KUTZ, v. : CIVIL ACTION. LAW : NO. 2005 - 33/0 CIVIL TERM LENORE .I. KUTZ, . . Defendant : IN DIVORCE 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 in 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, Cumberland County Courthouse, Carlisle, Pennsylvania 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Plaintiff I IN THe COURT OF COMMON PLI!A8 OF : CUMBeRLAND COUNTY, peNNSYLVANIA .lACK E. KUTZ, . . Y. I CIVIL ACTION. LAW : NO. 2005 ~ 'f:~' 0 CIVIL TERM LENORe .I. KUTZ, . . Defendant I IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (!;) OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is JACK E. KUTZ, an adult individual residing at 228 Garland Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is LENORE J. KUTZ, an adult individual residing at 5951 Meade Court, Harrisburg, Cumberland County, Pennsylvania 17112. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on June 3, 2004 in Maryland. 5. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. .JACK E. KUTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 2005 - 3311) CIVIL TERM LENORE .J. KUTZ, . . Defendant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 a NOW, Harold S. Irwin, III. Esquire, being duly sworn according to law, does depose and state: 1, That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce, 2. That a certified copy of the complaint in divorce was served upon the defendant on July 1, 2005, by certified mail addressed to her at 5951 Meade Court, Harrisburg, PA 17112, certified mail No. 7004 13500003 71484052. 3. A copy of the sender's and return receipts are attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C, S. Section 4904, relating to unsworn falsification to authorities. / d. t . JU'y6.2005 ~ Harold S. Irwin, II! Attorney for plaintiff 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court 10 No. 29920 o ~; ~ :!2 tj";l C!)\,r! ~;IS~ ~ ?t': <- ~'2 z ::;! ...., "'" ~ E: .. I c.n ~ ~::!J B~ ~..... b~ ~ ~ -0 :x is; -' - n.J LI1 CJ :j" U.S, Postal Service". CERTIFIED 1\11.11.+',:::, , RECEIPT (Domesltc Mall Only; No Insurance Coverage Pro",ided) ~ OFFICI I"'- . .' _$ IT1 CJ ~."IIed"" g AetumA~ Fee \ ReqUImd} ~ cted Del!vefy Fe& m (Endorsement ReqWrecl) M -. ""- & F... $ :j" CJ CJ I"'- p,- Here I ,"'~ ~ ""... EXHIBIT "A" ~"'=i' 1 \ " l ~ ~ <- ~~ 2~ p; '&. I ~ ~C5 (ft b -0 ~, ZO -- 05 - ,.. )'70 r:-? :")fT'\ ~ ,,~\ - .~o -' ." ~ ./ ~ \~"'-. \ ~... ,- 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C, S. Section 4904 relating to unsworn falsification to authorities. June 29, 2005 HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court 10 No. 29920 () ....., ~ = ~ = "" "1JrU C- ~::D '-Prr-, c:: ::~ " z -oM 7'. N (f'l)'" :iJ 'i' -<,-: U) 0 ~.~~ "-iC) _,.,-r, :t>' ~'-""'1 ::J: ~B .-_--rn ;;.~ ;",-:... ~~ Z ;;,~ =< N .n 0.' -< .lACK E. KUTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2005 - CIVIL TERM LENORE .I. KUTZ, Defendant : IN DIVORCE PLAINTIFF"S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, June 29, 2005 'ift.le- " II t- JACK . KUTZ, Plaintiff 0 '" @J c:: = ~ = ~ <"" c.n ~ ~. \:JC?} <- ~ - U)f_',f1 c: fo=:. ::::E> ;::::1':' :z: m:!J .. ~ UJ}, N -om '"" '. Q6 'd r \D - "". ~fj (;' ",- :::- :r::n VI ~ ~ :x \;'0 ~ .PC' ~ Z (3m -3 ,-l ~ t;\ -- N SJ C1' -< ~ :.:, HAROLD S. IRWIN, III, ESQUIRE ATTORNI!Y ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT JACK E. KUTZ, Plaintiff ; IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA v. ; CIVIL ACTION - LAW ; NO. 2005 - 3310 CIVIL TERM LENORE J. KUTZ, Defendant ; IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decreec 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about JULY 1, 2005, defendant was served with a copy of the divorce complaint by certified mail (see Affidavit of Service previousiy filed). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301 (c.) of the Divorce Code: By the plaintiff: DECEMBER L, 2005 By the defendant: DECEMBER 22 , 2005 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: NIA. (b)(2) Date of filing and service of the piaintiffs affidavit upon the defendant: NIA. 4. Reiated ciaims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: NIA. (b) Date plaintiff's Waiver of Notice in Section 33D1(c) divorce was filed with the Prothonotaryc On or about DECEMBER. q _' 2005 Date defendant's Waiver of Notice in Section -3301(c) Divorce was filed with the Prothonotary: On or about DECEMBER 2$L, 2005 December 'Zf, 2005 HAROLD S. IRWIN, II Attorney for Plaintiff "'" ~-> c= C~ <::> it1 n N co o .1 ::;:! n'i :r~ ,- ;g8 -"~ ' '-'.C', "-" ~, ::t;: '_,; ('c.:., ~:;;('n ~~j ~D .-< \.0 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .JACK E. KUTZ, v. : CIVIL ACTION. LAW : NO. 2005 - 3310 CIVIL TERM LENORE .J. KUTZ, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDgt SECTIO,.. 3,3011ID. OF l!!E_DIYOR~E COD,g 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 I do not claim them before a divorce is granted. 3, l 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, Section 4904 relating to unsworn falsification to authorities. December J-,S, 2005 '~>~ >--'1 -, -< ...., = = <Cr' CJ .. ....... rn:D r- =Q~[i "_.}C) '-1(~J .--..., -, I,,~ . i-I ~,~::(:) C.rn ---1 J> ~ C1 r"C1 r.> N Q:) :::,;~ .x:- U) Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .JACK E. KUTZ, v. : CIVIL ACTION - LAW : NO. 2005 - 3310 CIVIL TERM LENORE .J. KUTZ, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1, A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about June 30, 2005. Service of the complaint was made by certified mail on July 1, 2005 (see affidavit of service previously filed). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3, I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C,S. Section 4904 relating to unsworn falsification to authorities. December:), a2005 v\Lu "" 2 ~ hlfj- LENOREJ.KUTZ (') ~ c..) C = -n '-" c::J .-. r'l -i;-"'t"1- c-> \np _("1rn N ~~f'~ CJ) y... '}--"11 , _1-,~ (:'2~?~ ( - ;:::Jf1 (:- - '::--1 ..:."- ~ ~..; .r. ::< .-<. u:> Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JACK E. KUTZ, v. : CIVIL ACTION - LAW : NO. 2005 - 3310 CIVIL TERM LENORE J. KUTZ, Defendant : IN DIVORCE AFfiDAVIT Of CONSENT 1, A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about June 30, 2005, Service of the complaint was made by certified mail on July 1, 2005 (see affidavit of service previously filed), 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3, I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C, S. Section 4904 relating to unsworn falsification to authorities. December q , 2005 ~~~ CK E. KUTZ 0 ...., 0 = ~:?' ,= .1 <.n <:::> --I .,... Pl m~ (') 1'" ~,;Zr'l1 N ()6 --\ '-'", ,""--. -0 ~:,~) ::J ...". ~:7(') ~ ~) ;;::o~.;:rn ~~ a ~D N -< Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JACK E. KUTZ, v. : CIVIL ACTION - LAW : NO. 2005 - 3310 CIVIL TERM LENORE J. KUTZ, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE U,!lD@R ~ECTION 3301 ~ OF THE DIVO~CE COp~ 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 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 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. l understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. December !L. 2005 ~~(~t CK E. KUTZ o r: ...., = ~:;:;J <.n CJ rr1 " '" N o 'n ::;:! ffi" r- -r:r/i 'PC[; ,~(,,_~ i~~~ ::~j -~..,..0 (51n :.-~ :..-:, -< -':1 ::.c. "-) c::> f'" ~~~~~~~~ ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++~ + + : IN THE COURT OF COMMON PLEAS : + + : OF CUMBERLAND COUNTY : + + + + + + : STATE OF PENNA. : + + + + + + + + : Jack Eo Kutz : + + + No. 2005-3310 Civil Term + + Plaintiff + + + + + + + + VERSUS + + + + + : Lenore J 0 Kutz : + + + + : Defendant : + + + + + + : DECREE IN : + + + + : DIVORCE : + + + ~ + + . + :'-~ . II'"' ,~' r ,I -::JI-. .-- : + AND NOW" ", <..:. .,j~' .', /\ ~ ,.~..... , [T [S ORDERED AND + + ., + +~. + + + : DECREED THAT Jack Eo Kutz , PLA[ NT[ FF, : + + + + + + : AND Lenore J. Kutz , DEFENDANT, : + + + + + + + ARE D[VORCED FROM THE BONDS OF MATR[MONY. + + + + + + + + + + THE COURT RETA[NS JUR[SD[CT[ON OF THE FOLLOW[NG CLA[MS WHICH HAVE + + + + BEEN RA[SED OF RECORD [N TH[S ACT[ON FOR WHICH A F[NAL ORDER HAS NOT + + + : YET BEEN ENTERED; NONE : + + + + + + + '7 + ; /~; + /' + + 1 + ; , //' : : BYTHECOURTi ',' /' : : I / /; /, : ; ----(L-{ (lI'^~v / : ~ A~E'T/7' t. "~ : ~~~ / : + PROTHONOTARY + + + + + + + ~++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++~ ~sb.n><f} . r I-trtI1- J4.'- -p.,~ n'~ Ii '-tttJ 1- r'l'~'^' {<Iou T' YJ'fV3u - ']Q { "II' . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA jfl('k (=, Kutz... Plaintiff Vs FileNo, 05 - ~ ,:;;; I () (l i V d Tete. V'Vl IN DIVORCE L e lJJoe-<=:- 3', t< u -+ 7 Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, l ! or ~aftertheentryofaFinalDecreeinDivorcedated I ~ '30 oS' hereby elects to resume the prior surname of (A lLl r h , and gives this . written nOiice rowing his / her intention pursuant t~ the provisiongs of :~ P1j'S' 704. Date: .;, I G\ ~006 ~/lU/7-:') , If. 1/ Signa e ~4L tQ I ) ~ 7/ ~1U A Signa e of name b mg resumed COMMONWE~THOFPENNSYLVANIA ) COUNTY OF L\ml h a I anCb On the ~ day of Fe L I U it r II , 200f:., before me, the Prothonotary or the notary public, personally appeared ~ above affiant lmown 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. ,J cLc,. f \~~ Prothdnotary or Notary Publlc NOTARIAL SEAl Jor's SMffil "lOTARYf'JBI.IC CarlisI' 10<<:. Gumbarla....~.ounly M1 CommiSSIOf EYll"es A.ll1i14. 2IlO9 - "'" ~ C::J (") r ? '7:.~ 0"''" " ." ::;:! reI -- f (::) = h1;D ~ ~ I -"1CC: en .:~ ~:' --t Q "'"'D :~i ~~) '-" '" C> 0 r::) :,~:,{Ti - a :::) CJ1 -.....,. ~D {.n .....;::