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HomeMy WebLinkAbout02-1120Mary G. Kisling, Plaintiff, V. William T. Kisling, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- //o7~t9 CIVIL TERM ._ : CIVIL ACTION : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. ff 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 will proceed without you and a decree in divorce or annulment may 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 fights 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 Mary G. Kisling, Plaintiff, V. William T. Kisling, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- CIVm TERM ._ : CIVIL ACTION : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) and 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Mary G. Kisling, an adult individual, currently residing at 103 Diller Road, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is William T. Kisling, an adult individual, currently residing at 103 Diller Road, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 31, 1996 in Beaver County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling, Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. Date 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties marriage is irretrievably broken. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Respectfully Submitted, I~II~TIN M. SWEIdARI~, ESQ~JIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 ID. No. 83801 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are tree and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. Section 4904 relating to unswom falsification to authorities. Mary G. Kisling, Plaintiff, Ye William T. Kisling, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1120 CIVIL TERM : : CIVIL ACTION : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Divorce Complaim filed in the above captioned case upon William T. Kisling, Defendant, by certified mail, remm receipt requested on March 6, 2002, addressed to: William T. Kisling 103 Diller Road New Cumberland, PA 17070 and did thereafter receive same as evidenced by the attached Post Office receipt card dated March 7, 2002. I VERIFY THAT THE STATEMENTS MADE 1N THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. 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. Date ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff · Complete items 1, 2, and 3. Nso complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the can:l to you. · Attach this card to the back of the mallplac®, or on the fmr~t if spaCe permits. 1. A~ticle Addressed to: /7o7 8. R~caiv~ by ( prfnted Name) If YES, e~lter daiive~y address belOW: ~ Certified Mail ?'1 Express Mail r'l Registered r"l Return Receipt for Memhandlse r-1 Insured Mail i-~ C.O.D. -- 4. Restdcted Deliver/? ~.xtra~ 2. ~tic~N~r.b~ 7001 1140 0000 5792 3521 PS Form 3811, August 2001 Oomesttc Return p~ceipt Mary G. Kisling, Plaintiff, William T. Kisling, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ._ : NO. 02-1120 CIVIL TERM : : CIVIL ACTION : IN DIVORCE AFFIDAVIT OF CONSENT~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 6, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of the final Decree of !Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE 1N THE FOREGOING AFFIDAVIT ARE i TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN AREi MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date i~6-409 Mary G. Kisling, Plaintiff, William T. Kisling, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1120 CIVIL TERM CIVIL ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 6, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE 1N THE FOREGOING 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. Date WILLIAM T. KL~LING SSN: / ,);z- ¥o- 5 Mary G. Kisling, Plaintiff, William T. Kisling, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1120 CIVIL TERM : : CIVIL ACTION : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 ifI do not claim them before a divorce: is granted. 3. I understand that I will not be divomed 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 1N 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. Date WILLIAM T. K[SLING IN THE COURT Mary G Kisling Plaintiff V. William T Kisling Detent This Divorce by Mary G Kislin(, referred to as "Hus WITHESSETH: WHEREAS, the I 31, 1996, in Beaver WHEREAS, ther* WHEREAS, the I relationship belwe WHEREAS, it is t matrimony in the ( WHEREAS, It is t consideration, to c rights in, to or agai subsequently acqt including any clai~ and, WHEREAS, both been advised of ti' respective properl (~UMBERLAND OF COMMON PLEAS OF ~ COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 02-1120 Civil ~"erm IN DIVORCE ant ?,EPARATION AND PROPERTY SETTLEMENT AGREEMENT :~nd Separation Agreement made this '~.! day of ~. 2002, I, hereinafter referred as "Wife", and William T Kisling, hereinafter :)and", ~orties hereto are Wife and Husband, having been married on August County, Pennsylvania. , are no children born to the padies. ~arties have resolved that it is impossible to continue the marital 9n them for reasons known to them; and, le intention of the Wife to file Suit for divorce from the bonds of :curt of Common Pleas of York County; and, le desire and intention of the parlies, at?er long and careful micably adjust, compromise and settle the properly rights and all '~st, each others property or estate, including property therefore or ~ired by either party, and to settle all disputes existing between them, n for Wife's maintenance, support, alimeny, counsel fees and costs; Wife and Husband have been fully, separately and independently eir legal rights and obligations and haw~ been fully informed of their ! holdings and income; and, WHEREAS; bothJWife and Husband fully understand the terms, conditions and provisions of this A~reemenf and believe if to be fair, just, adequate and reasonable as fo each of them, aJnd accordingly both Wife and Husband freely and voluntarily c~ccept such termsj conditions and provisions, NOW THEREFOI~E, in consideration of the foregoing and of the mutual covenants and agreements 1 and the Wife bein covenant and ag 1. It shall be la separate and apa from time to time c 2. Each of the past, and will not c whatsoever for wh property or estate ~reinofter set fodh, the Wife and Husband, being separately advised I represented by counsel and intending to be legally bound, ~e with each other as follows: vful for each party at all times after the execution hereof to live *t from the other party, at such place or places as he or she may hoose or deem fit. )arties hereto covenants and agrees that he or she has not in the f any time in the future, incur or contract any debt, charge or liability ch the other parly, his or her legal representatives, or his or her 'nay become liable, and each of them further covenants at all times to keep the other' hereafter contracl 3. The parties I 4. No alimony $. The Wife wc home at 103 Diller such properly. &. Wife shall p~ 7'. It is understc hereinabove men been previously di of the parties here so owning the san' properly so owne( 8. Husband terms in which the 9. If either par and covenants of party shall have ti~ this Agreement, ar services rendered to compel the daf 10. Except as discharges comph future support, alit of dower and curt right of distributive other, or any othel virtue of said marri Agreement, excel: settles and dispose that each now ha: arising out of said conferred by the h of the United State and effect. 11. The Wife's all of the terms set understanding be1 same to be in acc voluntarily execut~ presence of the W 12. A moditica effective only if m( Agreement. 15. Each part,/ documents which the terms and con Agreement. 14. The parties not merged in the 2 ree, harmless and indemnified from all debts, charges and liabilities 9d by them, ~ave divided all personal properly beNveen themselves, s to be paid by either party, ives all rights to Husbands pension, vehicles, and any interest in the Rd., New Cumberland, Pa. 17070; if and when Husband would sell ~y any and all cost for legal counsel, od and agreed by and between the parties that any properly not toned now in the sole name of either of the parties hereto which has ;closed to each other, or which may be owned in the future by either ~o solely, is and shall be the sole and separate properly of the party e. Neither party shall have the right, claim or interest in and to the by the other of them. tees to pay Wife a sum of $20,000, Wife and Husband has agreed to payments are to be made. y defaults in the due performance of any of the terms, conditions, this Agreement on his or her part to be performed, the non-defaulting 9 right to suit for specific performance or damages, for the breach of d lhe defaulting party shall pay the reasonable legal fees for any )y the non-defaulting party's attorney in any action or proceeding ]ulting party's due performance hereunder. ~therwise provided or herein, each parh/hereby releases and dely and forever the other from any and all rights of past, present or ~ony, alimony pendente lite, counsel fees, division of property, right ,~sy, right to act as administrator or executor in the estate of the other, share in the others estate, right of exemption in the estate of the property rights, benefits or privileges accruing to either party by :lge relationship. It is the understanding between the parties that this t as otherwise provided for herein, forever and completely adjusts, s of, and terminates, any and all rights, claims, privileges and benefits , or each may have reason to believe each has, against the other, nardage relationship, or otherwise, and whether the same are lws of the Commonwealth of Pennsylva~qia, or of any other state, or of America, and which are now or which may hereafter be in force ounsel is~/l~'~~, I_-~ch party fully understands Iorth; all of said terms represe~-~and constitute the entire ween the party's; each party has read this Agreement and finds the )rdance with his or her understanding. Each parly does hereby , this Agreement and affixes his or her signature hereto in the lnesses indicated below. lion or waiver of any of the provisions of this Agreement shall be ~de in writing and executed with the same formality as this , at the request of the other party, shall promptly execute any and all Tiay require his or her signature for the purpose of effectuating all of Jitions of this Agreement so as to give full force and effect to this consent to the provisions of this Agreement being incorporated, but !inal Decree in Divorce obtained in any action hereinafter brought February 19, 20~2 William T Kislin 103 Diller Rd. New Cumberlar Re: Divorce Fin I William T Kislin upon Mary's req 1. First Payme~ signatures of thi A. Loan: Me B. Loan: W~ C. MasterCm D. Rent for r 2. Second Payn Agreement is sic. 3. Third Payme of both Parties IN WITNESS WH Radica Persa Susquehanna Tv I My Commission Member, Pennsylvani I Mary G Kisking 19, 2002, as~_ / Mary G Kisli~ : Husband Pa. 1 7070 Mary G Kisling: Wife 103 Diller Rd.. New Cumberland, Pa. ! 7070 ~ncial and Property Agreement. ~ have agreed to Pay Mary G Kisling.the total sum of $20,000 Jest, for the final Financial and Property Settlement. in the amount of $6,000. Will be paid upon agreement and document. This Payment is for paying off the following. nbers Credit Union ypoint Bank. Auto loan [Ford Thunderbird] d : Chase Walmart lew apartment: Baden Pa. ent in the amount of $4,000.will be paid when the Divorce ned by both Parties. it in the amount of $10,000 will be paid upon the signatures f the final Divorce Decree, not to exceed two years. r. stand the contents of this Agree~nent. ......... .... REOF, I hereunto set my hand and official seal. ;,2~pires: iai Seal I ~d, Notary Public p,, Dauphin County )ires Mar. 31, 2003 Association ct Notaries Notary Public have received from William T Kislin§l the sum of $6000.Feb. he, ~;igni~qg of this Documen~ /-~~J'~ Da t · :_.Q___I _~_ _~__~_ ~_--~/ Mary G. Kisling, Plaintiff, V. William T. Kisling, Defendant TO THE PROTHON£ Transmit the divorce decree: 1. Groun Code. 2. Date : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1120 CIVIL TERM : : CML ACTION : IN DIVORCE PRAECIPE TO TRANSMIT RECORD ,TARY: :cord, together with the following information, to the court for entry of a for divorce: Irretrievable breakdown under Section 330 l(c) of the Divorce ~d manner of service of the Complaint: Certified mail on March 7, 2002. 3. Date oI execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Pla~ ntiff: October 1, 2003; By Defendant: September 15, 2003. 4. Relate~ claims pending: None. All related claims have been resolved pursuant to Separation Agreemeqt and Property Settlement dated February 21, 2002, which shall be incorporated by reference, but which shall not merge with the Divorce Decree entered in this matter. 5. Indicat, date and manner of service of the notice of intention to file praecipe to transmit record, and ~ttach a copy of said notice under Section 3301(d) of the Divorce Code: Waiver of notice exe, :uted by Plaintiff on October 1, 2003, arid by Defendant on September 15, 2003. Respectfully submitted, Date ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland,. PA 17070-0461 (717) 770-2540 Attorney for Plaintiff IN THE COURT Of COiVINION PLEAS OF CUMBERLAND COUNTY OF ~ PENNA. Plaintiff VER ~US WILLIAM T. ISLING Defeudaut No. 0,.-1120 Civil Term AND NOW DECREED THAT AND DECREE IN DIVORCE , IT iS ORDERED AND MARY O. KISLING , PLAINTIFF, WILLIAM T. KISLING ,DEFENDANT, ARE DIVORCED F OM THE BONDS OF MATRIMONY. THE COURT R ETA]NS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YeT BEEN ENTEF ED; The Separati¢ and Property Settlement Agreement dated February 21, 2002 is hereby incorporated into, but shall not merge with, Decree. /~PROTHONOTARY