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Home My WebLink About06-3007 ~ ! Page I of 2 :IN THE COURT OF COMMON PLEAS OF S'fvh,'i f ~fS v. TERM ~olo~Y" ~-() : NO. a - 3007 CttJ 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. Ajudgrnent may also be entered against you for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce ill 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: (71 7) 240-6195 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYERS 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 HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ~ Page 2of2 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA. 17013 (717) 249-3166 (800) 990-9108 ! Page I of 3 :IN THE COURT OF COMMON PLEAS OF St~ P. ~I"'-es v. TERM (lo~~/'J ~~5 n" "f.t.V>'-' ; NO. Ot,.3tJtJ7 ~ COMPLAINT IN DIVORCE COUNT I REQUEST FOR DIVORCE UNDER SECTION 3301@ OF THE DIVORCE CODE 1. Plaintiff is Stuart P. Kermes, who currently resides at 110 Pennsylvania Ave. Camp Hill, Pennsylvania 17011 2. Defendant is Robyn Kermes, who currently resides at 7 Pennsylvania Ave. Aparbnent C Camp Hill, Pennsylvania 17011 3. Stuart Kermes has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the 12th day of June, at Boston, MA. This marriage was a common law marriage in the State of Massachusetts. 5. Neither plaintiff nor defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of the Congress of 1940 and its amendments. Page 2 of3 6. There have been no prior actions for divorce or for annulment between the parties. 7. The defendant has been advised of the availability of counseling and the right to request that the Court require parties to participate in Counseling. 8. The marriage of the parties is irretrievably broken. 9. After 90 days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, ifboth parties file affidavits consenting to a divorce after 90 days have elapsed from the date of filing of this Complaint, Plaintiff respectfully requests that a decree of divorce be entered pursuant to Section 3301 ~ of the Divorce Code dissolving the marriage between Plaintiff and Defendant. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 3104(A)(I) AND (3) AND 3323(B) OF THE DIVORCE CODE 10. Paragraphs I through 9 are incorporated herein and made a part hereof by reference as though fully set forth. 11. Plaintiff and Defendant have reached an agreement on issues including Page 3 of3 WHEREFORE, Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between Plaintiff and Defendant into the final divorce decree, pursuant to Sections 3104(a)(I) and (3) and 3323(b) of the Divorce Code. r~ Plaintiff 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. Section 4904, relating to unsworn falsification to authorities. ~FL Plaintiff Date: S- Arlo" r . ~ "- () '" ~ f. = 0 ~ ~ = , , cro ., ~ - :I! ~, . ~ , , """ ~ -< rn:D ~ ~ N r ~gEg \ ~~ U"l ('\ . \ """ . ~lr.l --.... , :::: iJ~,~ \. , '--1 , ~~- - .. . ~ :;2 :;-1 0\\ ~ C) :b \.D -< ~ V'\ ~ ~ Pagel of I :IN THE COURT OF COMMON PLEAS OF Stv~"" P. ~<J v. TERM ~l,~N ~t'S : NO. /l(; - 3(;07 ~ COUNSELING NOTICE The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301 (a) (6) - Indignities Section 3301 @ - Irretrievable breakdown - Mutual Consent Section 3301 (d) - Irretrievable breakdown - TwofThree year separation A list of qualified professional is available for inspection in o c: ;? i";' ...., = => 0" - ~ ~ -< N 01 ~ ..... m:D , -on'"; <,,0 ~--'1~~: ,_, ~r -:::~ ("~ ~Ir-n 1) -< ~ -"" c::> \.D Page I of I :IN THE COURT OF COMMON PLEAS OF S'{'v/ht..'f f ~~5 TERM v. (<., b~", ~(!J : NO. ~t r 3w7 Q;j AFFIDAVIT OF NON-MILITARY SERVICE Stuart Kennes, being duly sworn according to Law, deposes and says that he knows by his own personal knowledge and therefore avers that defendant, Robyn Kennes, is 49 years of age; that she is employed by The Circle School at 210 OakIeigh Avenue, Harrisburg, P A. 17111, and that she is not in the military service of the United States or its allies, or otherwise within the provision of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. P;i Plaintiff Sworn to and subscribed Before me this ;.2S'l-v- ~I 2.r:x::J..o. b4D. QQ~L,~ Notary Public NOTARIAL SEAL CLAUDIA!' BREWBAKER NOTARY PUBLIC valllSle Bore Cumberland County My :omrTllSSlor ExpIres April 4. 2009 o C 2': 1:)(; 1'11;--' 1~_:\'? v :::;~ - ,..., = = ~ 2;. ::.: N (.l\ ~'~.:(; ,~--:::= 1... _ --:''''';:',. 3- :J:.'lII" :z Q. -' ~-n fI"Ip' i~J; ,~:;~~ r~) 1;,.;rp ":;::::\ ~ - - C> '"" /. Stuart P. Kermes v. Rohyn Kcrmes :IN THE COURT OF COMMON PLEAS OF TERM NO. 06-3007 Civil ACCEPTANCE OF SERVICE I hereby accept service ofthe Complaint in Divorce filed in The above-captioned matter. May 25, 2006 R1!iy~ efendant . , '" = <=:> cr. -". > -< N 0'; o -n ::;:j ffi:!J r-- -am =D9 =:C:-l ~'.'."'. -j, ;-~~ =rw: ~::;C;:) 0111 ::;;! 5J -< -u :3:- ~ .r.- ()j :IN THE COURT OF COMMON PLEAS OF Stuart P. Kermes v. TERM Robyn Kermes : NO. 06-3007 Civil AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301@ of the Divorce Code was filed on May 25, 2006. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. 3. I consent to the entry of a final decree of 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 ifl do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree of Divorce 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. Section 4~ffZ falsification to authorities. ~ / Plaintiff /6/7/ / Pc:.. Date ' It), c;ll o~ Date g s: -'0 a:: f"I'n 7~:; ~.-:;~. ~_. (Ii _.~ ~"'. gX ?~~~; ~-~ c: -Z :2 ~ ~ CF' o C' -I w o Q') .. CP ~. :IN THE COURT OF COMMON PLEAS OF Stuart P. Kermes TERM v. Robyn Kermes : NO. 06-3007 Civil AFFIDAVIT AS TO SIGNATURE Stuart Kermes, being duly sworn according to law, deposes and says the he is the Plaintiff in the above-captioned divorce action; that he is familiar with the signature of the Defendant; and that the signature on the return receipt attached hereto as Exhibit "A" is the signature of the Defendant. f7~ Plaintiff Sworn and subscribed before me on this 26th day of May, 2006 ,,!o~r; . S' ~i ~. Notary Public NOTARIALSEAl JOt;' S. SMITH. NOTARY PU800 Carlisk 3oroi Cumberforr ')my l+ Commissior. Ex;liJes April 4, 2009 Page 1 on Marital Settlement Agreement This agreement is made on May 1 S\ 2006, between Robyn Kermes, the Wife, who lives at 7 Pennsylvania Ave, Apartment C, Camp Hill, P A. 17011, and Stuart Kermes, the Husband, who lives at 110 Pennsylvania Ave, Camp Hill, P A. 17011. We were married on June 12th, in Boston, Massachusetts. Child Identification: Casey Jenkins Walton Kermes 4/1/1993 Social Security #: 048-90-4268 Grounds for separation: Irretrievable breakdown of the marriage and mutual consent. We both desire to settle by agreement all of our marital affairs, THEREFORE, in consideration of our mutual promises, and other good and valuable consideration, we agree as follows: Division of Property To settle all issues relating to our property, we both agree that the following property shall be the sole and separate property ofthe Wife, and the Husband transfers and quit- claims any interest that he may have in this property to the Wife: · A 2003 Ford Taurus station wagon valued at $11,000 . Various liquid assets worth $74,500 · $51,750 in retirement funds to be transferred from the Husband to an account identified by the Wife. We also agree that the following property shall be the sole and separate property of the Husband, and the Wife transfers and quit-claims any interest that she may have in this property to the Husband: .. Page 2 on . A 1996 Pontiac Montana van valued at $3,000 . $10,000 in a Certificate of Deposit with Wachovia Bank account # . $15,000 in an Oppenheimer Mutual Fund account # 3303309389193 . 110 Pennsylvania Ave. Camp Hill, P A. 17011 (based on an estimated value of $45,000 after mortgage) . $40,000 in a TIAAlCREFF retirement account . $24,250 in a remaining retirement account In order to provide stability in living arrangements for our son Casey, we agree that the Husband will continue to live in and maintain the property at 110 Pennsylvania Ave. Camp Hill until at least June 30, 2007. Such maintenance shall include the payment of the mortgage and all applicable taxes and insurances as were currently in force at the time of separation on February 1 st, 2005, as well as general upkeep and physical maintenance as necessary to maintain the property's value. The property will be sold on or about June 30,2007. If the sales price of the property at that time exceeds $150,000 minus documented closing costs such as taxes and commissions then the Husband agrees to pay the Wife 500.10 of the proceeds above $150,000. Custody The Husband and the Wife agree to joint custody of their minor child Casey Jenkins Walton Kermes. The Husband agrees to be responsible for all educational expenses unless mutually agreed to otherwise. Alimony and Support The Husband agrees to make regular Spousal and Child Support payments, through an agreement established by the Family Relations Court. That agreement stipulates that Page 3 00 Husband will make a payment of $623 per pay period 26 times a year. This arrangement will continue until June 30, 2007, at which point the Husbands spousal support obligation under that arrangement will end. The Husband also agrees to provide health insurance coverage to Casey until he reaches majority and to the Wife up until June 30, 2007. ~~ Rob ermes C/U/Db , , Date ~/:;J ~/{J & ate ....., = c-:::> (,;;;.r'" .?-~ :2 o CJ --I C'') o o -n ~ " rn-'" c: \t. c;-; ~.'~:' co =s:: ..J>''>" , , j:t':\ a;; (){P-.30D 7 Page I of3 Marital Settlement Agreement This agreement is made on January 18,2007, between Robyn Kermes, the Wife, who lives at 7 Pennsylvania Ave, Apartment C, Camp Hill, PA. 17011, and Stuart Kermes, the Husband, who lives at 110 Pennsylvania Ave, Camp Hill, P A. 17011. We were married on June 12th, in Boston, Massachusetts. Child Identification: Casey Jenkins Walton Kermes 4/1/1993 Social Security #: 048-90-4268 Grounds for separation: Irretrievable breakdown of the marriage and mutual consent. We both desire to settle by agreement all of our marital affairs, THEREFORE, in consideration of our mutual promises, and other good and valuable consideration, we agree as follows: Division of Property To settle all issues relating to our property, we both agree that the following property shall be the sole and separate property of the Wife, and the Husband transfers and quit- claims any interest that he may have in this property to the Wife: · A 2003 Ford Taurus station wagon valued at $11,000 · Various liquid assets worth $74,500 · $60,750 in retirement funds to be transferred from the Husband to an account identified by the Wife. We also agree that the following property shall be the sole and separate property of the Husband, and the Wife transfers and quit-claims any interest that she may have in this property to the Husband: Page 2 of3 . A 1996 Pontiac Montana van valued at $3,000 . $10,000 in a Certificate of Deposit with Wachovia Bank account # . $15,000 in an Oppenheimer Mutual Fund account # 3303309389193 . 110 Pennsylvania Ave. Camp Hill, PA. 17011 (based on an estimated value of $45,000 after mortgage) . $40,000 in a TlAA/CREFF retirement account . $33,250 in a remaining retirement account In order to provide stability in living arrangements for our son Casey, we agree that the Husband will continue to live in and maintain the property at 110 Pennsylvania Ave. Camp Hill until at least June 30, 2007. Such maintenance shall include the payment of the mortgage and all applicable taxes and insurances as were currently in force at the time of separation on February 1 st, 2005, as well as general upkeep and physical maintenance as necessary to maintain the property's value. The property will be sold on or about June 30, 2007. If the sales price of the property at that time exceeds $150,000 minus documented closing costs such as taxes and commissions then the Husband agrees to pay the Wife 50% of the proceeds above $150,000. Custody The Husband and the Wife agree to joint custody of their minor child Casey Jenkins Walton Kermes. The Husband agrees to be responsible for all educational expenses unless mutually agreed to otherwise. Alimony and Support The Husband agrees to make regular Spousal and Child Support payments, through an agreement established by the Family Relations Court. That agreement stipulates that Page 3 of3 Husband will make a payment of $623 per pay period 26 times a year. This arrangement will continue until June 30, 2007, at which point the Husbands spousal support obligation under that arrangement will end. The Husband also agrees to provide health insurance coverage to Casey until he reaches majority and to the Wife up until Jlme 30, 2007. f pr%~ Stuart P. Kermes I / {'t /WOl Date { ~~ Robyn. rmes J'l211CV7 () ~. f"o-;) c:::> c:::> --' c.- 'J;;P Z :.s ....( N N o .." -t ::r::JJ rn r""' -om '09 :~sQ \. -n ':~Q ~>:s rr 1 2"-i "'l:> ~ t::,; -;;.- co C> a::> I IN THE COURT OF COMMON PLEAS OF Stuart P. Kermes Cumberland County, Pennsylvania v. TERM Robyn Kermes : NO. 06-3007 Civil PRAECIPE TO TRANSMIT RECORD To The Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code: 2. Date and manner of service of the complaint: 5/25/06, by acceptance of service. 3. Date of execution of the Affidavit of Consent required by Section 3301( c) of the Divorce Code: by Plaintiff: October 31, 2006 By Defendant: October 24, 2006 4. Related claims pending: Incorporation of attached Agreement flL Plaintiff ~ j;;;.? :;...J <- ~ ~ ~ :;?...-rt fi'~ ~)q <~Q .;"..:;; P'" (:~ ~ ~ .(~ c:? ~ c::> \S> STUART P. KERMES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROBYN KERMES, Defendant NO. 06-3007 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of January, 2007, upon consideration of the Praecipe To Transmit Record in the above matter, and it appearing that Plaintiffs Affidavit of Consent contains a post-filing date, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit the record. BY THE COURT, Stuart Kermes 110 Pennsylvania Avenue Camp Hill, PA 17011 Plaintiff, pro Se -~jL ~~ 1_ ~ S. 0 7 ~ :rc 8 I :2 !,!:d S2 l'Htr LOn I \..i'./I/ll.i!'f:';.1 '.,.,,~I ::JWll :10 (\.UV,,,,~'-"J 'l\,..1 L.,\...I~""J ""Jl' _ ::. ''Ii ,;..In.,.(cr1IJ ..,.",<\./ .j, 1", "-_-I':J \..J :IN THE COURT OF COMMON PLEAS OF Stuart P. Kermes v. TERM Robyn Kermes : NO. 06-3007 Civil AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 1 ~ of the Divorce Code was filed on . May 25, 2006. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. 3. I consent to the entry of a final decree of 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree of Divorce 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. Section 4904 relating to unsworn falsification to authorities. Jy-r ~ , Plaintiff ~ArzW Defe ant ,1l-rID.? Date' . I/~&"/{) 1 Dite . , t-> = = -..J c..- ~ N ...0 ~" :.;: - - ~ --I ~:n ~1 -:$ll CJ ~\l., 3~, ;~~~ o -\ "Y-: ~ 0.... AIh~&eJ IN THE COURT OF COMMON PLEAS OF Stuart P. Kermes Cumberland County, Pennsylvania v. TERM Robyn Kermes : NO. 06-3007 Civil PRAECIPE TO TRANSMIT RECORD To The Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code: 1//1/07 (@ 2. Date and manner of service of the complaint: ~J :mi, by acceptance of servIce. 3. Date of execution ofthe Affidavit of Consent required by Section 3301( c) of the Divorce Code: by Plaintiff: October 31, 2006 By Defendant: October 24, 2006 4. Related claims pending: Incorporation of attached Agreement k//~ Plaintiff ~ c:> -...J 2; :;0 - (.i) ~ ~ ~ :1-n ,n e:. :;!to l~ :po ~ C!! o +:"" < - if. if. if. if. if. if. if. if. if. if. if. if. ~ if. if. if. ;f. ~ ~ ;f. ;f. ~ ~ ;f. ;f. ~ ;f.;t; if. ;f. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF Sf'u~i e ~ec; (Z~b'JN VERSUS t.e-l-~~J fV1?Jt~ S l' uA~f" AND NOW, DECREED THAT AND 6Z\:)bjN I< ~ ~ fv\~ ~ PENNA. No. 06 -5Dol DECREE IN DIVORCE 1(' f Ke~'fJr 266'7, IT IS ORDERED AND , PLAI NTI FF, , 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; if. ;f. ~ ~ ;f.;f. ~ ;f. if.;f. ~'+; if. if. '+' if. ;f. '+' J. '+' '+' ,. '+' ,. ,. -~~ ~ ~ (01/-c ~ ~ ~~.;> -T'P i..O- tIf/ - E' ;. " .- ....~- . , . . .'.\