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Home My WebLink About06-2573 (. o Thomas O. Gould, Esquire I.O. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 ROBERT L. KOIS, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. {;(p - ,::JJJ- 7?J ~ DIANA L. WRIGHT, DEFENDANT IN DIVORCE NOTICE TO DEFEND AND CLAIM 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. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 , . . THOMAS D. GOULD Attorney for Plaintiff I.D. It 36508 2 EAST MAIN STREET SHI~STOWN, PA 17011 (717) 731-1461 ROBERT L. KOIS, JR., PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ot...:J!) 73 ~ /b- DIANA L. WRIGHT, DEFENDANT IN DIVORCE COMPLAINT UNDER SECTION 3301 (0) OR 3301 (d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Robert L. Kois, Jr. who resides at 523 Boston Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Diana L. Wright who resides in Sicily, with a mailing address of PSC 812 Box 2630, FPO, AE 09627-2630. 3. The Plaintiff has been a bonafide resident of 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 February 20, 1993 in Concord, NH. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. There were no children born of this marriage. 7. The marriage is irretrievably broken. . - . 8. The neither party is a member of the armed services of the United States or its allies. 9. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the court to enter a decree of divorce. /h.4r."t>. ~ Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION 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:~1o w:e~~ Robert L. s, Jr. ~~~ -. ~-,~ <::v .2l -.J - ~ o .~ ~ a ~ q, c:: ..... ::;i ~; ~ ff\""" ~~..\... ~ ~ vb~ ~ \'q, ~c'. -0 P6 2!; c.. ::J' ~.f'" .Me Q >Y;c: --:: ~ ~ ~ ~ ROBERT L. KOIS, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06 - 2573 CIVIL DIANA L. WRIGHT, DEFENDANT IN DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail on May 5, 2006, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the Acceptance of Service form, the Complaint was received by the Defendant on May 6, 2006. -rJ:.,.,y D. ~ Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 2, ~ -O\....p C9\..~ ~\--- (J))~ ;S{-.\ 'L .. ~;.c~ ;.-' ( ; YC ~ ~ <g? ~ '" - -' ~ ~~ -SVJ. ~Q :]:.:;.1 ~~ 0. "'" ~ --0 ". ~ .- r-' rv ROBERT L. KOIS, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06 - ;1.573 DIANA L. WRIGHT, DEFENDANT IN DIVORCE ACCEPTANCE OF SERVICE . CIVIL I, DIANA L. WRIGHT, accept service of the Divorce Complaint in the above captioned matter. Dated: ~ mcur&~ DIANA L. WRIGHT PSC 812 BOX 2630 FPO, AE 09627-2630 DEFENDANT ~ $, ""00.:> q;tI, <1.-....',. :zc (.0,(- :..(.'. I2c" ~l'c '~(. .' J;'C;: ~ ~ ~ ~ cr> q, ~~ ~ ~~ 6:13 z.R> 9, '" ~ '" -0 :Jt iG .' ROBERT L. KOIS, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06 - 2573 CIVIL DIANA L. WRIGHT, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 5, 2006. 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 a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 7 ~~ 0 t. ~t~~Ls, Jr. ~J 2 s: -0 en rnr1"; "'7-l,' ~~t' (f:u ~~-- ~c> ~8 -~ ...., <=> ~ ;po c:: V> ~ ~:o -or;:; -o~ (:) ~'i .x'::o o~ -"m" o -'-I ~ -.l -0 :x N .. N u:> ROBERT L. KOIS, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06 - 2573 CIVIL DIANA L. WRIGHT, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301/0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 1hJ\ 01. J ~~:~Js, Jr. g S';. ""'0\'].) rr\[~ 2C lj), "'~~, "-<"';-., t;2c 'J;;Ci ~.(., P'C ~ ~ ~ t;: G'> ~ ~~ - :D1~ -1 ~-d Qb 6m -'I N ~ ~ -0 :$ r:; ., ROBERT L. KOIS, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06 - 2573 CIVIL DIANA L. WRIGHT, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 5, 2006. 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 a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ! 0 Qt.." t) { ~ Diana L. Wright e s; -ocr., mrY\ Z:l' Zc "'1 ' Qq" ~ <:: >C' ':<:> :...;={...... :Pc z: :::< ,..., = = "'" >- c (;') ~ :t! rt'l~ :go 06 :r! :+, ~~ ~ :..:: -.J " :I: N .. N W ROBERT L. KOIS, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NOI 06 - 2573 CIVIL DIANA L. WRIGHT, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 10 4"'-J of, Q_~1- Diana L. Wright E. <;: -or~! rT1t__ z.-r, -5'f,' (J) ,/;" -<''': r;;:c >\"'--, Le' ""'-.p.C -~ ~ <=> <7' ~ c;> ....J ..." :I: ~ N c..> ~ ~::P ~~ ~5 t\rn ~ ~ \ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this jd-rl. day of f)"9t.LJ'r , 2006, by and between Diana L. Wright, (hereinafter referred to as "Wife") and Robert L. Kois, Jr., (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on February 20, 1993; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, no children were born of this marriage; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant 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 party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2 . INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 1 , 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. Wife shall be responsible for all costs and expenses incurred in the shipment and storage of personal property shipped from Sicily, Italy to the United States. 4. AUTOMOBILES Husband shall have all right and title to his vehicle. He shall maintain insurance on his vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicle. Wife shall have all right and title to her vehicle and shall maintain insurance on her vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Wife shall indemnify and hold Husband harmless for all matters related to her vehicle. 5. DIVISION OF REAL PROPERTY The parties own no real estate. 6. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have equitably divided their respective financial accounts. Each party shall maintain their separate accounts and investments and hereby release any interest they may have in the other's accounts, stocks, bonds, joint ventures, businesses, real estate or other investments. 7. PENSION/RETIREMENT Husband and Wife each have accumulated pension/retirement accounts. Husband relinquishes any right he may have in Wife's pension or retirement account(s), present and future. Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts, present and future. 2 , 8. MARITAL DEBTS The parties have no.joint marital debt. Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Each party agrees to indemnify and hold the other harmless for all debts in his or her name. 9. ALIMONY up any support, Each party hereby waives, releases, discharges and gives rights either may have against the other to receive alimony pendente lite or alimony. 10. JOINT FILING OF IRS RETURN Husband and Wife agree to file separate tax returns for tax year 2005 and in all subsequent years. Any deficiency in any previous joint tax returns will be the responsibility of the party who failed to report income or overstated deductions. If the deficiency was caused by joint action, then the parties agree to equally share the cost of the deficiency, interest and penalty. 11 . DIVORCE Husband has filed a Complaint in Divorce in Cumberland County, Pennsylvania, docket No. 06-2573 CIVIL. The parties agree to cooperate with each other in obtaining a no-fault divorce of the marriage under section 3301 (c) of the Divorce Code. Upon the expiration of the 90-day waiting period, the parties shall execute the Affidavit of Consent and Waiver of Notice forms for submission to the Court. Husband's attorney shall be responsible for filing the documents necessary to obtain a Decree in Divorce. 12. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated into any subsequent Decree in Divorce. 13 . CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 3 14 . BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 15 . VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each party has had the opportunity to review this agreement and consult with an attorney of their choice. 16 . WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 17. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 18. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 4 \ 19 . PRIOR AGREEMENTS It is understood agreements which may have discussed prior to the date void and of no affect. and agreed that any and all prior been made or executed or verbally and time of this agreement are null and 20. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21 . DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 22 . APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals JO'!;;r~~ .~ ~b~~?)OiS' Jr. 7 ^ v~ 6l Da e ~ 112 Witness 5 . , S'+...~ ~ .-f Fl~";".... Cuv". "0- ~f- PM e.>> ss PERSONALLY APPEARED BEFORE ME, this I Q~da;:. of this Av-t1"J+- , 2006, a notary public, in and for -h.... S4Ak of- N",,'d... , Diana L. Wright, known to me (or satisfactorily proven to be) the person whose name is subscribed to the wi thin agreement and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. @ ~~ h-~ Not ry Public 7 . JUDITH A. MURPHY . '~~:\ Notary Public. State of FIonda i My comm expIres Feb. 21.2008 ~o. 00 379819 Commonwealth of Pennsylvania ss County of Cumberland PERSONALLY APPEARED BEFORE ME, this ~ day of this~~ , 2006, a notary public, in and for the Commonwealth of Pennsylvan~~, Robert L. Kois, Jr., known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~ CUwJc ~-p;" /? rO ~y Public . ~ OF YlVANIA NalIItIIlIeoI lain I'tlcx*l Cqlp, NDl8ry NlIc MochII**"AlIIloIo, CWnbIdIIld Ccu1y My Q......... EllpneJlly 11. Zl10 Member. Pennoylvonla Anoclotlon oI_rIea 6 , . (') ,..., 0 = G = -n "" ~-""- >- :r V(rl ITlr'i c::: m:!l :?. :J'J (;, -oFT; .Zt (J)) -' :06 -< -'. 0, J;;.:. l, ~. ::;:J-f. ~E; -0 i-5:D :J.; ',,"0 N om c ;g ?" ~ -- N .n W -< ~~'.. ROBERT L. KOIS, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06 - 2573 CIVIL DIANA L. WRIGHT, DEFENDANT IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 330l(c) of the Divorce Code. 2. Date and manner of service of the complaint: On May 6, 2006 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 330l(c) of the Divorce Code: By Plaintiff, August 7, 2006; By Defendant, August la, 2006. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in g 330l(c) divorce was filed with the Prothonotary on August 16, 2006. Date Defendant's Waiver of Notice in g 330l(c) divorce was filed with the Prothonotary on August 16, 2006. -r/.,.,." lb. X:J-d Thomas D. Gould, Esquire Attorney For Plaintiff g ~ -00:1 rT1f1 ' '-r -:;. 21.: (f),<- ~:c 9(.' ,;;~ z ~ ,.." ~ ~ G'l -' ~ ~:!l ..,,11i 86 :--\.,-, :r:.-n ~40 3m ~ ;-<; "'0 :Jt N .- N W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " .. . Of. 'f.;f.:l' :ti :f. if. if.:ti . . . .. . ~ :f:+;~ ~:f.+:f.:f.:f.:f.:+' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. ROBERT L. KOIS, JR., No. 06 - 2573 CIVIL PLAINTIFF VERSUS DIANA L. WRIGHT, DEFENDANT DECREE IN DIVORCE AND NOW, p..~3U~\- 1'1 lWb, IT IS ORDERED AND DECREED THAT ROBERT L. KOIS. JR. , PLAINTIFF, AND DIANA L. WRIGHT , 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; NONE THE MARRIAGE SETTLEMENT AGREEMENT DATED AUGUST 10, 2006, IS HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE. By THE COURT: ~ -L U~ \ ATTEST: ... t PROTHONOTARY . '+ :of: Of:f. Of. Of Of' Of. 'f '+ 'f Of. 'f 'f 'f. Of. +:+. 'f:+' '+~ :l''+ ... :f. "':+. Of +;:++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . Of. '+ 'f+ d""1?' , Pr' :? ~ ~;<, r l' ~ Ifb,' /,p .~ . . '1(} ;; ^/J 'lrJ' :; ^,p