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Home My WebLink About06-4261 ~ LINDA KICHMAN, Plaintiff v. 'IN THE COURT OF COMMON PLEAS CUMBERLA~D COUNTY, PENNSYLVANIA CIVIL ACTIO~ - LAW NO.OI.~J1JJ.1J CIVIL 2006 IN DIVORCE CHRISTOPHER KICHMAN, Defendant I I I NOTICE TO DEFEND I I I YOU HAVE BEEN SUED IN COURT. If you wi forth in the following pages, you must take prompt action do so, the case may proceed without you and a decre entered against you by the Court. A judgment may also claim or relief requested in these papers by the Plaintiff. other rights important to you, including custody or visitatio to defend against the claims set You are warned that if you fail to of divorce or annulment may be entered against you for any other ou may lose money or property or of your children. SAlOIS, FLOWER &. UNDSAY AI ......_........IAW When the ground for the divorce is indignities! or irretrievable breakdown of the marriage, you may request marriage counseling. A list o~ marriage counselors is available in the Office of the Prothonotary at the Cumberland I County Court House, Carlisle, Pennsylvania. I IF YOU DO NOT FILE A CLAIM FOR ALlMrNY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE F DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM AN OF THEM. , YOU SHOULD TAKE THIS PAPER TO YOURtWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ON , GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE Y. U CAN GET LEGAL HELP. Cumberland County Bar Asspciation 32 South Bedford Stre~t Carlisle, PA 17013 (717) 249-3166 or 800-990r9108 SAIDIS, F R & LINDSAY 26 West High Street Carlisle,PA ~ SAlOIS, FLOWER &. UNDSAY ............m.......IAW 26 West High Street Carlisle,PA II " LINDA KICHMAN, Plaintiff IN THE COU,*T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , , v. CIVIL ACTIO~ - LAW NO. r)(, - t''''~ I CIVIL 2006 IN DIVORCE CHRISTOPHER KICHMAN, Defendant 1. The Plaintiff is Linda Kichman, an adult in~ividual residing at 303 Salt Road, Enola, Pennsylvania 17025. I 2. The Defendant is Christopher Kichman, an adult individual residing at 303 Salt Road, Enola, Pennsylvania 17025. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months i mediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married ~n May 20, 1995 in Mechanicsburg, I Cumberland County, Pennsylvania. i 5. There have been no prior actions of divJrce or for annulment between the , parties in this or in any other jurisdiction. ! 6. 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 pa~iciPate in counseling. 7. The marriage is irretrievably broken. . SAlOIS, FLOWER &. UNDSAY ......--.;>oftI....... 26 West High Street Carlisle,PA II I WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with ~3301 of the Pennsylvania Divorce Code. Respectfully ~bmitted, Dated: 7/2#1 Cb Carol J. Lind y, Attorney Id. 4 6 26 West High Carlisle, PA 7013 (717) 243-62 2 Counsel for laintiff SAIDIS, FLOWER &. UNDSAY ....,,_~.IAW. 26 West High Street Carlisle, PA :1 VERIFICATION I verify that the statements made in the foregoing I document are true and correct. I understand that false statements herein are made SUbieFt to the penalties of 18 Pa. C.S. P---./ Date: 7-f).,S-Of, iO (":) ~ C) C'- ~ ~ " ,._~., ~ '- P i ~ Jj r' .. '''1;) ~ C;, ~ (). ~ ~ ::_"' f'" -....t c' +-< ft II v. IN THE COURT OF COMMON PLEAS CUMBERLA~D COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-42611 CIVIL 2006 IN DIVORCe LINDA KICHMAN, Plaintiff CHRISTOPHER KICHMAN, Defendant PETITION FOR EMERGENC~ RELIEF AND NOW comes Linda Kichman, by and thro~gh her counsel, Saidis, Flower & I i Lindsay and petitions this Honorable Court as follows: I I SAlOIS, FLOWER &. UNDSAY Ji.I'~1-"'.'J.W 1. The parties hereto are husband and wife !having been joined in marriage on , May 20, 1995. They are the parents of one child, Trisha ~itchman, age 8. 2. On July 24, 2006, Petitioner moved from t~e marital home with the child. 3. At the time of the move, Respondent thre~tened Petitioner that he was going to sledgehammer the marital home so that she would not ~et any value out of it. I 4. Since July 24, 2006, Respondent has Plard holes from a sledgehammer in all rooms of the house but two, ripping through the wall t~ the wooden supports underneath. ! , Furthermore, he has stripped siding from the house. J 5. Petitioner believes that the marital ho e has a value of approximately $145,000.00 and is encumbered by two liens totaling $~2,OOO.00. There is approximately $53,000.00, then, of equity in the house and upon inforrhation and belief that equity is the I , I 26 West High Street Carlisle, PA largest marital asset. 6. Husband has a Sovereign checkin~ account with approximately ! $5,000.00 in estimated value. He also has an anruity with Nationwide Insurance Company with about $6,000.00 in value. Although there are other marital assets, SAlOIS, FLOWER &. UNDSAY lO." ........"-- 26 West High Street Carlisle,PA II including a Carpenters' Union pension, Husband is in p~esent control of the vast majority of marital assets and those assets are in a position to be di~sipated. WHEREFORE, Petitioner prays this Honorable ~ourt to issue an Emergency Order enjoining Husband from dissipating and encumbering I any marital asset. Specifically, I I Petitioner seeks an Order requiring Husband to refrain frQm any damage to the marital home, from selling any marital property, from invading his che ing account, from liquidating the life insurance cash value and invading his Nationwide annui SAIDIS, FLOWER & LINDSAY Carol J. Lindsa , Supreme Cou ID 26 West High eet Carlisle, PA 17013 717-243-6222 Dated: 7/7-7 ( (} b . ,,~~, 'UND~& Ifi<--~ U_Hlp.s.- Carii.... PA ~UFICATlON I v.rIfy that the statemenls made In the foregoing do~nt are and correct. I , I understand that false statements herein lire made subject to the pena 88 of 18 Pe. C.S. g.4904, relating to unllWol'n falsifications to authorities, . ~,y Linde K1chm!in Oat.: ~ " '''' , ,"'-' , "'n :~ c:'--' " f'." -j ("'-' C~ ,. . ...~ - SAlOIS, FlOWER &. UNDSAY AI"__lAW 26 West High $ueet Carlisle, PA JUl 2 7 2006 . j))" 7 LINDA KICHMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4261 CIVIL 2006 IN DIVORCE v. CHRISTOPHER KICHMAN, Defendant ORDER OF COURT AND NOW, this'; 1 day of ~ ' 2006, upon consideration of the within Petition, a Rule is issued on the Respondent to show cause wHy the relief requested should not be granted. Rule returnable at a hearing set for the ~ifl day of ~ ,2006 in Courtroom Number 5 at the Courthouse in Carlisle, Pennsylvania at /:.jO o'clock, LM. Pending the hearing, Defendant Christopher Kichman is ordered to do no damage to the marital home, including harming walls or removing any part of the marital home. He is further enjoined not to alienate, dissipate, spend, take or otherwise dispose of any marital asset including, but not limited to the funds in his Sovereign checking account, his life insurance proceeds or his Nationwide annuity. BY THE COURT, ~ 't ~\, SAlOIS, FLOWER &. UNDSAY A11....._.~~ 26 West High Street Carlisle,PA II LINDA KICHMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4261 CIVIL 2006 IN DIVORCE v. CHRISTOPHER KICHMAN, Defendant AFFIDAVIT I, Robert W. Lindsay, Constable, an adult individual not a party to the above-referenced action, being duly sworn according to law, hereby deposes and says that on July t1-, 2006 at 7 PIVl AM/PM, I served a Divorce Complaint, Petition for Emergency Relief and Order of Court , by hand delivering the document to him at 303 Salt Road, Enola, Pennsylvania. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. ... Dated: '7- a9-O(, Sworn to and subs .;;)q-fA day of ~ ~:: ff~ r ',. ' - ' ,'; (,"'" c,., , ~-".e= 1, "11~',:;' Nl 3/W'J:l' ", ' ,_",,\,~ 83li~1.!X' J. ,. .. LINDA KICHMAN, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMERLAND COUNTY PENNSYLVANIA VI. : NO. 2006-4261 CHRISTOPHER KICHMAN, Defendant : CNIL ACTION - LAW : IN DNORCE STIPULATION OF COUNSEL AND NOW, counsel for the parties, having read and reviewed the foregoing Order request that the Court execute the Order thereby addressing all issues raised by either party based upon the Petition for Emergency Relief filed by Petitioner, Linda Kichman, in the above captioned divorce action. Date: SI j / () J; Date: :5/.?-/0& , I M Carol indsay, Esquire Attorney for Plaintiff/Petitioner SAIDIS, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 17013 ~~ Attorney for Defendant/Respondent McNEES, WALLACE & NURlCK, LLC 100 Pine Street P.O. Box 1166 Harrisburg, P A 17108 (717) 237-5297 ,v / e s:: \,tJ ""'Orn !:':9"'-1 zt~. en. .I -<:;...:, ,<C ~Q =C: .....C ~ A " ,..., ~ Cl"" :p- c:: en I \D ~ ~ :&3,@j",.'." _l'.~ C. :J:!. i -..,.1"1" (......0 ~m ~ ;;;.c:: !i: s .. o (J'l RECEIVED AUG 1 0 Z006 fJ1i ~ : . LINDA KICHMAN, Plaintiff IN THE COURT OF COMMON PLE CUMERLAND COUNTY PENNSYLVANIA v. : NO. 2006-4261 CHRISTOPHER KICHMAN, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW this ISth day of August, 2006, upon presentation and consideration of the Stipulation of Counsel, with the consent of the parties, it is hereby Ordered and Directed as follows: I. Pending equitable distribution, or further Order of Court, both parties are prohibited from destroying, selling, transferring, or otherwise disposing of any or all marital property in his or her possession. This specifically includes the real estate located at 303 Salt Road, Enola, Cumberland County, Pennsylvania; any property that Petitioner, Linda Kichman, removed from the marital residence; and any property that is remaining in Respondent's possession in the marital residence. 2. Pending equitable distribution, or further Order of Court, neither party is pennitted to further encumber the property located at 303 Salt Road, Enola, Cumberland County, Pennsylvania. This specifically includes further access by either party to the line of credit currently encumbering the marital residence. .Petitioner is prohibited from utilizing any remaining funds obtained by a withdrawal from the line of credit. 3. The hearing previously scheduled for August 3, 2006 at 9:00 a.m. to hear the issues raised in Petitioner's Petition for Emergency Relief is cancelled based upon the within Stipulation of Counsel. BY THE COURT, J. Cc: Carol J. Lindsay, Esquire Attorney for PlaintifflPetitioner Debra D. Cantor, Esquire Attorney for Defendant/Respondent -;-6~64> C~ ~ JfG .5 , , 1 VIN't^lASNN3d AlNf10:::' r:'i~r'I{18V'4nO 65 :01 WV S I any 900Z Ai:N10NOH10dd 3Hl :lO 38i:!;lO-o31t:l \ SAlOIS, FLOWER & LINDSAY AJIDIINE\'So.()'.lAW 26 West High Street Carlisle, PA LINDA KICHMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4261 CIVIL 2006 v. CHRISTOPHER KICHMAN, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 2006. 1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed July 26, 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 ~ autho~ Date: /r2/I!~ ~~ J f Linda Kichman -- - PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER6 3301 (e) 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 0 authorities. , t Date: /, Linda Kichman )t.C " (\ - o c:: ~ ~ff CZ,>-" ~ ~l:" ,~:\;;;: Z :2. ';;i, c::> C"' t:::' {"'\. c.-> \ -' -0 :JC. ~ ~:!! t': -orD ~JJO (, \.. :,:::JC) ..,-:-<. (5 ~'-i zr-6 9 ~ t)? 1;:'" ;- SAIDIS, FlOWER & LINDSAY ~.IAW 26 West High Street Carlisle, PA LINDA KICHMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4261 CIVIL 2006 IN DIVORCE v. CHRISTOPHER KICHMAN, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed July 26, 2006. 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. ~~ Chnsto er Kichman Date: /2 /I'~ )DG, , ( DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER~ 3301 tel 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. 4E~ CHrist e Kichman. Date: 12 jjs loG { { (") C <.~ -oer %1 i~;~ (j)<, -<~ ,<C 'J-....r Z'- --c., )>c ~ ~ ~ ...j <- ;po % ~ ~:n n'fn :j5~ b -' .) =:r.::ij 0- z~ o -\ ~ ~ :;aoo :x - - .. o (Jl SAlOIS, FlOWER & LINDSAY ATIOIlNE\'So,u.IAW 26 West High Street Catlisle, PA LINDA KICHMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4261 CIVIL 2006 v. CHRISTOPHER KICHMAN, Defendant IN DIVORCE 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 was served with the Complaint on July 29, 2006 by Pennsylvania State Constable. Proof of service was filed with the Court. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was signed: By Plaintiff: December 4, 2006 and filed with the Prothonotary on December 7,2006. By Defendant: December 15, 2006 and filed with the Prothonotary contemporaneously herewith. 4. Related claims pending: None. 5. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was signed: By Plaintiff: December 4, 2006 and filed with the Prothonotary on December 7, 2006. By Defendant: December 15, 2006 and filed with the Prothonotary contemporaneously herewith. Carol J. Linds~, Supreme Co rt No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 o c: :c:: ~~f: Ul> r: < ~~r=' )>c: -/ ~ .<. '" <:::::) = --' ~ ~e! -om6. -u o} ::3 -r I _L. -1'1 2~ ~ ?P ~ <- :>:"'" % ~ - - .. C) Ul ;1;'" ;t; ;t; ;t; ;t; ;t;;t; ;t;;t;;t; ;t; ;t; ;t;;t; ;t;;t;;t;;t; ;t;;t; ;t;;t;;t;;t;;t;;t; ;t;;t;;t;;t;;t;;t; ;t;;t;;t; ;t; ;t;;t;;t;;t;;t;;t;;t;~ ;t; IN THE COURT OF COMMON PLEAS : it; OFCUMBERLANDCOUNTY STATE OF PENNA. LINDA KICHMAN No. 06-4261 VERSUS CHRISTOPHER KlCHMAN DECREE IN DIVORCE AND NOW, 1,,~u~\\. ~ , ltJt:>l , IT IS ORDERED AND \~ LINDA KICHMAN DECREED THAT , PLAI NTI FF, AND CHRISTOHPER KlCHMAN , 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; The terms of the Separation and Property Settlement Agreement dated October 31, 2006 are incorporated, but not merged, into this Decree in Divorce. BYTH~~T' ~~ ~ J. ~ PROTHONOTARY [;; ;t; ;t;[;;[;; [;; ~~;t; ~ ~[;;~~[;;~ [;;;t;~~~~~~ [;;[;;[;;~~ ~[;;~~~~ [;;~"'[;; ~~ [;; ;t;[;;~"'''';t;;t;~~''' ~[;;? it; [;; [;; [;; ~ [;; ~ it; it; ~ it; if it; [;; if ;+i '" ;+i ;+i ;+i ;+i ;+i ;+i ;+i ;+i if '" '" '" if [;; ;+i [;; [;; [;; [;; [;; it; it; if if if ;+i if if ;t; if if ;+i if if if [;; it; ;+i ;+i '" '" '" '" '" '" '" '" '" '" '" ;t; ;+i '" ;t; ;t; ;+i '" '" '" ~~.~ ~ ~Jt, LO'j/'/ ~ r?~#,pirr? L-O-/7-/ ~ , . J '.".' .>..~ .' ........ ~ +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +.~ +. +. +. +. +. +.+. +. +.+.+.+. +.+.+. +. +.+.+. +.+.+. +. +. +.+.[1; +,+,+,[1;+,+,+,+,+,+,+,[1; [I;[I;+.+.+'+'+'+'+' +. +. +. +. +. +. +. +. +. +.~ +. IN THE COURT OF COMMON PL AS OFCUMBERLANDCOUNTY STATE OF PENNA. LINDA KICHMAN 06-4261 No. VERSUS CHRISTOPHER KICHMAN AMENDED DECREE IN DIVORCE AND NOW, 1 c..~u (),.t' '\ \ ~ LINDA KICHMAN 'let> 7 IT IS 0 , DECREED THAT AND CHRISTOPHER KICHMAN DANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIM BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL OR YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated Qctobe H ICH HAVE R HAS NOT 1, 2006 are incorporated, but not merged, into this Decree in Divorce. ATTEST: :+; :+::f.:f:f.~:+::f.~:+::+:::+: +.+.+.+.+.+.+.+.+. +. :+: ~:+::+::+::+:~:f~:+:~:+::+::+::f:f:f:f :+;:+:::f:+::+::+::+::+::+: +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. 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