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HomeMy WebLinkAbout05-5613 SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT.LAW 26 w. High Street Carlisle, PA VICTORIA E. KUTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 05'- J'G I J v. CIVIL TERM DENNIS E. KUTZ, Defendant IN DIVORCE NOTICE TO DEFEND 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 or 800-990-9108 Respectfully submitted, ~ ., SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.1J\W 26 W. High Street Carlisle, P A VICTORIA E. KUTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO.o <)- ~-~ (,) CIVIL TERM DENNIS E. KUTZ, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 Ie) OF THE DIVORCE CODE 1. The Plaintiff is Victoria E. Kutz, an adult individual residing at 30 Cornman Drive, Carlisle, Pennsylvania 17013. 2. The Defendant is Dennis E. Kutz, an adult individual residing at 865 Carlwynne Court, Apartment 107-C, Carlisle, Pennsylvania 17013. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 7, 1967 in Cumberland County, Pennsylvania. 5. There are no minor children born of this marriage. 6. The parties separated on May 9, 2005. 7. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. The Plaintiff has been advised that counseling is available and that he/she has the right to request that the court require the parties to participate in counseling. 10. The marriage is irretrievably broken and no possibility of reconciliation exists. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, PA ., WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with S3301 of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated: JD',:d,-oS i i , , !I II II ,I I, I I , , .., SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT.LA.W 26 W. High Street Carlisle, PA I' , I I I I I VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsifications to authorities. --z)tc1Io-Z'fz.' z-: ~Iz- Victoria E. Kutz Date: '0,),1-05 SAID IS SHUFF, FLOWER & LINDSAY ATIORNEYS.ATeLAW 26 W. High Street Carlisle. P A CERTIFICATE OF SERVICE I hereby certify that on this date a copy of the attached document was served on the following individuals, via certified mail, restricted delivery, postage prepaid, addressed as follows: Dennis E. Kutz 865 Carlwynne Court Apartment 107-C Carlisle, PA 17013 SAlOIS, SHUFF, FLOWER & LINDSAY .....---'\ /. ~' 111.... )1 C tltxtt.- ~ (,: <- . .. Barbara E. Steel for Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 717-243-6222 ( )t.fJ.~_ ~ r- s.. n \:) (" \- c: "". e ,. ....., -, x., '\'- ':> -<:: -- 1.....< -<:. -<": ...c: - ('> '" ,/ cl ,. " I /""--"", "",\ ,- ("1 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 05-e1'3 - CIVIL TERM 5'~13 IN DIVORCE VICTORIA E. KUTZ, Plaintiff DENNIS E. KUTZ, Defendant AFFIDAVIT OF SERVICE I, Carol J. Lindsay, Esquire, being duly sworn according to law, hereby deposes and says that on October 29, 2005, she served a true and correct copy of the Divorce Complaint upon Defendant Dennis E. Kutz, by mailing those documents to the his address at 865 Carlwynne Court, Apartment 107-C, Carlisle, Pennsylvania, by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811. Domestic Return Receipt, the latter of which is signed by the recipient, Dennis E. Kutz. Respectfully submitted, ER & LINDSAY Carol . Llnasil 26 West High! reet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 w. High Street Carlisle, P A . . SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. P A SfNDER COMPLrTE THI 'JECTION . Complete ~ems 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: ~fLnj0 C ~LLtz... ~io5 c.o...r J U):}f'LJU- CellI!:: A PQrtme_M; 107- ~ CCLr/,slEJ7A i1o/3 x B. Received by (Printed Name) [)t!'/!4 '. D. Is delivery address different from Item 1? If YES, enter delivery address below: 3. Service Type . certified Mall o Registered o Insured Mail D Expresa Mall o Return Receipt for Merchandise DC.D.D. 4. Restricted Delivery? (Extra Fee) Vas 2. Article Number (T~from_~ PS Form 3811, February 2004 7003 1010 0001 1201 6289 102595-()2.M.1540 Domestic Return Receipt , , "'> , (' ~ 0 ,= '"tl C.TI -q q;! ::z: X.." c: ~i <: n1- ':?.. I ,.. 'TIlt; 2>' w :-~.JC) ;<:;(, '.-.) 1 2':( ...,,: "4C:l L..~ 3~ ~).: :~~ )> '} --~ c ---':" :2 w '~1 M =< en :> .:c' .'..) , SAIDIS, FLOWER & LINDSAY ATIDRNI:-ys.,U.IAW 26 West High Street Cui isle. f'A VICTORIA E. KUTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. 05-~- CIVIL TERM j)_ 6"1,(3 IN DIVORCE DENNIS E. KUTZ, Defendant PLAINTIFF'SIDEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301 (c) of the Divorce Code was filed on October 28, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and 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 Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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: ;1'/ J{/1') {)(". '-dtIrVLL ~-ij7- Victoria E. Kutz PLAINTIFF'S/DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER& 3301 Icl 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 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 reiating to unsworn falsification to authorities. Date ;2 7 < /a/!? () c: /;0 f;Z(CL . Victoria E. Kutz ,- '/1 c t}:cdz Q \:;:. .~. ....ot-,'; ;~"A. C.f~ .~-. ......'~ ,=, <? <>' c:..- ,.,. ;;%: N -J '"" :J;:.. o -n .-l ::r:-n rn- . -o~, :.!!,'1? (::::~~ ~:I '-L-:1 ~.~,> .0 t" fj ~ '"..0 :...:: r:-? ,_J"l SAIDIS, FlOWER & UNDSAY ATTORNEYS-AT.lAW 26 West High Street Carlisle, PA VICTORIA E. KUTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. 83-813 - CIVIL TERM CJ)'-)'bll IN DIVORCE DENNIS E. KUTZ, Defendant PLAINTIFF'S/DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301 (c) of the Divorce Code was filed on October 28, 2005. 2 The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and 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 Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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: 1- Y 1- c7r;; /dmnu,;;C:- ~~ Dennis E. Kutz PLAINTIFF'S/DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERli 3301 Ie) 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 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 to the best of my knowledge, information and belief. 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: /-3/-ClC:;: _~?1~20' 2cL;1'- Dennis E Kutz .0 ,-..> 0 c;;;l f (::,:-~j -" c1'~ ,-'-- <- :::J JJO ~_-n ~'l-.>' (11r:: - _r'"J,n v) :\)Q o:...),{~~l -.:J. " ,.-." " (=-j -=;,., -,:i< 'i? '~Srn ..1. ~( ',~~; ) (J\ .., 0:- '-< . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO.os:5513 - CIVIL TERM IN DIVORCE VICTORIA E. KUTZ, Plaintiff DENNIS E. KUTZ, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on October 29, 2005, via certified mail. Proof of service was filed with the Court on November 3, 2005. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: January 27, 2006 and filed with Prothonotary on January 27,2006. By Defendant: January 31,2006 and filed with Prothonotary on January 31, 2006 4. Related ciaims pending: The terms of the Property Settlement and Separation Agreement dated October 6, 2005 are incorporated, but not merged, into the Decree in Divorce 5. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: January 27, 2006 and filed with Prothonotary on January 27,2006. By Defendant: January 31, 2006 and filed with Prothonotary on January 31, 2006 SAIDIS, FLOWER & LINDSAY SAlOIS, FLOWER & LINDSAY 7 j ATTORNEYS-AT.LAW Carol J. Lindsay,jEs Supreme Court 10 26 West High Street Carlisle, PA 17013 717 -243-6222 26 West High Street Carlisle, PA - '_u <"r C" 1-,") () -f'/ :.' ,,;,'-, ~ t';) '.~ '..,-> , I":J . ~ SAIDIS, FLOWER & LINDSAY AlTORI'iEYS.AHAW 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the day of February, 2006, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 N. Front Street Harrisburg, PA 17110 SAlOiS, SHUFF, FLOWER & LINDSAY Carol J. Lindsay, sqU Supreme Court 10 o. 44693 26 West High Stree Carlisle, PA 17013 717-243-6222 "'-_..1 -Y'1 /1, C') l '-'.J -.) 0', 'f-:t':+::+::+::+::+: :+: + + + . + + + + + + + + + + . + . + + + + + + . + + + + + + + + . + + + + + + + + + . . . . + . + . + . + . + + . + . . + . . . + . + + + + + + . + + + . + + + . + . + + . + . + + + + + . . + + . + . + . + C+;f +.:+ Of Of.:+: Of Of:+: Of:+::+: Of 'Of ~ Of":+::+: Of:+: Of ++ + ++ + +. Of:+::+; +. +. :+= +. +.:+: +.:+: :+: +. +. :+:+.+.+.:+:+.+.++. :f.++'+'+'++'+':+:+'+'+'+'+'+'+'+'+'+'++' ++.+.+. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. VICTORIA E. KUTZ No. 05-5613 VERSUS DE"lNIS E KUTZ DECREE IN DIVORCE AND NOW, f ~ \>;- \l~.r~ VICTORIA E. KUTZ . + + . + . . + . + + + . . . + . + + + + . + . + . . + . + . + + + + + + + + . . + + + + + . + + + . + +. +.+.++.++ +.+.++++:+:? \,\ , 100 Co , IT IS ORDERED AND DECREED THAT , PLAINTIFF, Ar,D DENNlS E. KUTZ , DEFENDANT, AHE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD 11\1 THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTEHED; The terms of the Separation and Property Settlement Agreement dated October &, 2005 are incorporated, but not merged, into this Decree in Divorce. HOTHONOTARY Of :?'f Of 'f'f'f Of + 'l':+ 'f. :+:+:+':+. +:+'+'f''f'f'f'f'f'+'f'+' ++ :+. + ++ + + + + + + + + , + + + , + + + + . . + . + . . + . + + + . + . . + + + + . + + + + + + . + J. J~rJ fI' .9' /W'~ ryCI/Io '7() ,"7! e ~r?< #" t 1'("'" "4.hl /,,) 'j,?'; C' . . - . ~.,.