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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND
COUNTY
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STATE OF
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Versus
....EEJlEGCl:\..:J:... KPIiN
DECREE IN
DIVORCE
AND NOW, ......M .U.~~. .?.!......., ~20.0.4.,
it is ordered and
decreed that ... S~Q'l:'f. R.. .I:<V~.~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. plaintiff,
and . .~J;:~~.GC;z:... ;r... .IqJH.~ . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. 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. See Property Settlement Agreement dated March 11, 2004,
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SCOTT R. KUHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. D 1- JOd1 C-t () tl
REBECCAJ.KUHN
Defendant
: CIVIL ACTION - 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 ifyoufail 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 groundfor divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling A list of marriage counselors is available at
the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle. You are advised
that this list is kept as a convenience to you and you are not bound to choose a counselor form
the list. All necessary arrangements and the cost of counseling sessions are to be borne by you
and your spouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OREXPENSES 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
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COMPLAINT IN DIVORCE UNDER SECTION 3301(C) AND 3301 (D)
OF THE DOMESTIC RELATIONS CODE
AND NOW, comes the Plaintiff, SCOTT R. KUHN, by and through his counsel, Krevsky
and Rosen, P,C., and respectfully represents as follows in support of the within Complaint.
1. Plaintiff is SCOTT R. KUHN, a citizen of Pennsylvania whose primary residence
is 708 Cocklin Street, Mechanicsburg, Dauphin County, Pennsylvania 17055.
Plaintiffs Social Security Number is 205-52-4419.
2. Defendant is REBECCA J. KUHN, a citizen of Pennsylvania whose primary
residence is 615 Bangor Junction Road, Bangor, North Hampton County,
Pennsylvania 18013. Defendant's Social Security Number is 152-58-9054.
3. Plaintiff and Defendant are sui iuris and have been bonafide residents ofthe
Connnonwealth of Pennsylvania for at least six months innnediately preceding the
filing of this Complaint.
4. The parties are husband and wife and were lawfully married on January 8, 1998
in Winchester, Virginia.
5. There has been no prior action for divorce or annulment instituted by either of the
parties in this or any other jurisdiction.
6. Plaintiff has been advised ofthe availability of counseling and of the right to
request that the Court require the parties to participate in counseling,
7. Plaintiff and Defendant are both citizens of the United States.
8. The parties have been separated as of October 30, 2000.
COUNT I.
Request for No-Fault Divorce Under
3301(c) and (d) ofthe Divorce Code
9. Paragraphs one through eight are incorporated as if fully set forth herein.
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10, The marriage of the parties is irretrievably broken.
11. After ninety (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.
12. Plaintiff has been advised ofthe availability of counseling and that Plaintiff and
Defendant have the right to request the Court to require the parties to participate
in such counseling.
13. Defendant is not now and has never been a member ofthe armed forces of the
United States.
14. The parties intend to continue living apart.
WHEREFORE, if both ,parties file affidavits to a divorce after ninety days have
elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a
Decree of Divorce, pursuant to 3301(c) of the Divorce Code. In the alternative, should the
parties continue living apart for a period of time greater than two years, Plaintiff respectfully
requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code.
COUNT II.
Request for Equitable Distribution of Marital Property
Under &3502 ofthe Domestic Relations Code
15. Paragraphs one through fourteen are incorporated as if fully set forth herein,
16. The parties are owners of marital property subject to equitable distribution,
17. Plaintiff requests the Court to equitably divide, distribute or assign the marital
property between the parties and the marital debts ofthe parties without regard to
marital misconduct in such proportions as the Court deems just after consideration
of all relevant factors,
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WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
of Equitable Distribution ofmariW property and marital debts pursuant to 93502 of the Domestic
Relations Code.
COUNT III.
Custody
18. Paragraphs one through 17 are incorporated as if fully set forth herein.
19. The parties have one minor child.
(a) Nova C. Kuhn, was born on May 2,1997.
20. The child is presently in the custody of Defendant.
21. In the past five years, Nova C. Kuhn has resided with the following persons and at
the following addresses:
D.O.B. May 2, 1997
to January 8, 1998
January 8, 1998 to
July 1999
July 1999 to
November 2000
November 2000 to
present
Scott R. Kuhn,
Rebecca J. Zatnya
(now Rebecca J. Kuhn)
and Howie Offinger (Defendant's son)
329 S, Washington Street
Mechanicsburg,Pa
Scott R. Kuhn, Rebecca J. Kuhn
and Howie Of finger
329 South Washington Street
Mechanicsburg,Pa
Scott R. Kuhn, Rebecca J. Kuhn
and Howie Of finger
708 Cocklin Street
Mechanicsburg, Pa
Rebecca J. Kuhn and
Howie Offinger
615 Bangor Junction Road
Banjor, Pa
22. Plaintiff is aware of no pending custody proceedings concerning the child in a
court of this Connnonwealth.
23. Plaintiff seeks shared legal and primary physical custody of said child.
24. The best interest and permanent welfare of the child will be served by granting the
relief requested.
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WHEREFORE, Petitioner requests the court to grant said custody of the child as
indicated above,
Respectfully submitted,
KREVSKY & ROSEN, PC
DATE:
2/ Q.i/ 6 I
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SCOTT R. KUHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
REBECCA J. KUHN
Defendant
: CIVIL ACTION - IN DIVORCE
VERIFICATION
I, SCOTT R. KUHN, hereby verify that the information contained in the foregoing
Petition is true and correct to the best of my knowledge, information and belief. I also
understand that false statements made herein are subject to the penalties of 18 Pa. c.s, 9 4904,
relating to unsworn falsification to authorities.
DATE:
;(12//0/
/
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SCOTT R. KUHN
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SCOTT R. KUHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
REBECCA J. KUHN
Defendant
: CIVIL ACTION - IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this ~ day of February, 2001, I, Lawrence J. Rosen, Esquire, attorney
for Plaintiff, SCOTT R. KUHN, hereby certify that I have this day served a copy of the
Complaint in the above-captioned matter, by Sheriff on the following:
REBECCA J. KUHN
615 BANGOR JUNCTION ROAD
BANGOR, PA 18013
L ence J. Rosen, Esquire
10 North Front Street
H 'sburg, PA 17102
(7 7) 234-4583
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SCOTT R. KUHN
PLAINTIFF
V.
REBECCA J. KUHN
DEFENDANT
IN mE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-1027 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, February 27, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S, Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, FA 17055 on Wednesday, March 21, 2001 at 1:00 p.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: Isl
Dawn S. Sunday. E~
Custody Conciliato '
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATTORNEY 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
Telephone (717) 249-3166
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-01027 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KUHN SCOTT R
VS
KUHN REBECCA J
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
KUHN REBECCA J
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of NORTHAMPTON
County, Pennsylvania, to
serve the within COMPLAINT - DIVORCE
21st , 2001 , this office was in receipt of the
On March
attached return from NORTHAMPTON
Sheriff's Costs:
Docketing
Out of County
Surcharge
DEP. NORTHAMPTON
18.00
9.00
10.00
52.00
.00
89.00
03/21/2001
SANFORD & ROSEN
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R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this ,,('7 It-' day of~uJ.j
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Clr. () /nJ;,"" ~
/Prothonoea y
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In~The Court of Common Pleas of Cumberland County~ Pennsylvania
Scott R. Kuhn
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VS.
Rebecca J. Kuhn
No. 01-1027 Civil
Now, 2/26/01
, 200C, I, SHERIFF OF C1.JMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Northampton
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff,
, ,", ~~~,
Sheriff of Cumberland County, PA
Mfidavit of Service
Now,
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o'clock
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copy of the original
and made known to
the contents thereof
So answers,
Sheriff Df
County, PA
Sworn and subscribed before
me this day of ; 20
COSTS
SERV1CE
JvlILEAGE
AFFIDAVIT
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1. All information from the attomey most be filled-io before 4. When a Deputy Sheriff levys or attaches property, he or she
service can be made. will leave the property without a watchman and in custody of
2. Prepare a separate Order for Service form for each defendant to whomever is found in possession, after notifying the person
be served by the Sheriff the property is under a Sheriff's levy. The Sheriff or
3. When cOIDPletine: location for service. be certain to Deputy is not liable in any way for protecting property.
have a valid address or directions. Do not use P.O. 5. Service will be executed in accordance'with Rule 402 and Title
Boxes or R.D. - ADDRESSES ONLY. Provide the 231, Pennsylvania Rules of Civil Procedure.
township. if applicable. 6. The attorney must certify all copies of process.
7. Supply a self-addressed stamped envelope for return of service.
PLAINTIFF,
SCOTT R. KUHN
DEFENDANT,
Ife bp (' r'/J 0" ~l.t'4~
SERVE UPON, LOCATION,
lfl"bP (>C~ J. 'y~~J 0t'? ~/1""fJ'?'^ J.....,~,. f"", It!.
TYPE OF WRIT: ~../!J&rl
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ATTORNEY (NAME, ADDRESS, PHONE) ATTORNEY SIGNATURK
ORDER FOR SERVICE^REQUEST
TO BE COMPLETED BY THE REQUESTING ATTORNEY
Jil0R PROTHONOTARY USE ONLY
DOCKET NUMBER, 7/('l.L'76t7,1,,~;) LAST DAY FOR SERVICE, FEES PAID,
(JJI- IIl8
l RE OF SERVICE (To be completed by Sheriff)
INDIVIDUAL SERv;,' DATE, 3/1'3;(;/ TIME,
I" bP ('('-9 J'. I{ u 4 J /31' ...>
LOCATION, (IF DIFFERENT FROM ABOVE) ( ) BOROUGH OF, ( ) CITY OF) TOWNSHIP OF,
h//} 54 .'...I91r:JJ
~ed in the following manner: ( ) Other:
Defendant personally served ( ) Not Found ( ) Moved ( ) No Answer ( ) Vacant ( ) Unknown
( Adult family member wilh whom said defendant resides
( ) Adult in charge of defendant's residence
( ) Manager/Clerk of place of lodging in which defendant resides
( ) Agent or person in charge of defendant's office or usual place of business
( ) Officer of said defendant company
( ) Posted property
( ) Levy on property
(Comments)
SO ANSWERS: JEFFREY K HA WBECKER
SHERIFF OF NORTHAMI'fON COUNTY I hereby deputize the Sheriff of County,
BY: ~/ To execute and make a return on the above and attached action according to law.
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DeDutv Sheriff Bad.e # Sheriff of Northamoton Countv Date
ACCEPTANCE OF SERVICE
I accept service of the 00 behalf of and certify that I am
authorized to do so.
(Defendant or Authorized Agent) (Mailing Address)
NORTHAMPTON COUNTY SHERIFF'S DEPARTMENT
669 WASHINGTON STREET
EASTON, PA 18042-7483
(610) 559-3084
(610) 559-3781 (REAL ESTATE)
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OltDER FOR. SERVICE"REQUEST
TO BE COMPLETED BY TIlE REQUESTING ATIORNEY
1. All information-from the attorney must be filled~in before 4. When a Deputy Sherifflevys or attaches prop.erty, he or she
service can be made. \ will leave the property without-a watchman and in custody of
2. Prepare a separate ~rder for Service form', for each defendant to whomever is -found in possession. after notifYing the person
be served by the Sheriff. , ' , . , the property is under a Sheriff's levy. The Sheriff or
3. Whe~ completinl!locatioD for~ervice. be certain ,to Deputy is not liable in any way for protecting property.
havecliviilldaadr~ss,ordirlictions. DocnotuseP.O. 5. Service will be e.xecuted in acc~rdance'with Role 402 and Title
Boxes 'rAtb.,. <ADb:RESSESONLY" Pr' d . th 231, PennsyIvanl~Ruks o(ClVll Procedure.
0, 'co' " ..' . " . OVI e e 6. The altomey must certIfy all eoples of process.
townShin. if annlicable. 7. Supply a self-addressed stamped envelope for retum of service.
PLAINTIFF,
SCOTT R. KUHN
DEFENDANT,
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LOCATION,
SERVE UPON,
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ATIORNEY SIGNATURE,
N.?/,'"p y r'O-"1.
ATIORNEY (NAME, ADDRESS, PHONE)
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IlOCKETNl)MllER,
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RE
OR PROTHONOTARY USE ONLY
LAST DAY !'OR SERVICE:
FEES PAID,
,
INDNIDUAL SERVED,
i:" 6p r(''''! J'.
LOCATION, (IF DIFFERENT FROM ABOVE) , ,.,i'.
,
I{' ~ 4 tV'
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TIME,
13/...>
TOWNSHIP OF,
~e ed in the following manner:
Defendaot personally served
( Adult family member with whom said defendaot resides
( ) Adult in charge of defendaot' s residence
( ) Maoager/CIerk of place oflodging in whic!> defendao,t resides
( ) Agent or p'erson.in-,charge' of ~fendant'-s office or usual place of business
( ) Officer of said defendaot compaoy
( ) Posted property
( ) Levy on property
( ) Other:
( ) Not Found ( ) Moved ( )'No Answer ( ) Vacant ( ) Unknown
',.
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(Comments)
SO ANSWERS, JEFFREY K HA WBECKER
SHERIFF OF NORTIJAMPTON COUNTY I hereby deputize the Sheriff of County,
BY, #/ To execute and make a return on the above and attached action according to law.
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DeoulY Sheriff Badoe # Sheriff of Northamoton County Date
, ACCEPTANCEOFSERV~E
I accept service of the "/" ,"on behalf'Of aod certify that I am
authorized to do so. <~, '- ' " ''i; " '
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.(610) 559-3781 (REAL ESTATE)
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SCOTT R. KUHN,
Plaintiff
v.
REBECCA 1. KUHN,
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO. 01-1027 CIVIL TERM
ORDER OF COURT
AND NOW, this 30th day of April, 2001, upon consideration of Defendant's
Petition for Ex Parte Supplemental Special Emergency Relief, a hearing is scheduled for
Tuesday, May 1, 2001, at 1:30 p.m., in Courtroorn No.1, Cumberland COlmty
Courthouse, Carlisle, Pennsylvania.
Lawrence 1. Rosen, Esq.
1101 N. Front Street
Harrisburg, P A 17102
Attorney for Plaintiff
Mark C. Duffie, Esq.
301 Market Street
P.O, Box 109
Lernoyne, PA 17043-0109
Attorney for Defendant
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BY THE COURT,
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
J.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for DefendantlPetitioner
SCOTT R. KUHN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff/Respondent
NO. 01-1027
v.
CIVIL ACTION - IN DIVORCE
REBECCA J. KUHN,
Defendant/Petitioner
COURT ORDER
AND NOW, this _ day of April, 2001, upon consideration of the attached Petition for ex parte
supplemental special emergency relief, the Court hereby directs that Plaintiff/Respondent, Scott R. Kuhn,
shall relinquish possession of his 1987 Toyota pickup to Defendant/Petitioner, Rebecca J. Kuhn, effective
immediately. This Order will remain in effect until Tuesday, May 1, 2001 at 1 :30 p.m. , the time for the
hearing scheduled herein.
BY THE COURT:
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
LD. No. 75906
301 Market Street
P. 0, Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for DefendantlPetitioner
SCOTT R. KUHN,
PlaintifflRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1027
v.
CIVIL ACTION - IN DIVORCE
REBECCA J. KUHN,
Defendant/Petitioner
PETITION FOR EX PARTE SUPPLEMENTAL
SPECIAL EMERGENCY RELIEF
AND NOW comes the Petitioner, Rebecca J. Kuhn, by and through her attorneys, Johnson, Duffie,
Stewart & Weidner, and files this Petition for ex parte supplemental special emergency relief and support
thereof avers as follows:
1. The Defendant/Petitioner is Rebecca J. Kuhn, hereinafter referred to as "Wife," who resides
at 615 Bangor Junction Road, Bangor, Northampton County, Pennsylvania 18013.
2. The PlaintifflRespondent is Scott R. Kuhn, hereinafter referred to as "Husband," who resides
in the marital home located at 708 Cocklin Street, Mechanicsburg, Cumberland County, Pennsylvania
17055.
3. Wife filed a Petition for Special Emergency Relief requesting Husband return to her certain
items of premarital property and other property; further requesting Husband pay rent for her residence at
615 Bangor Junction Road, Bangor, Pennsylvania; and that the Court refine the Custody Order somewhat
pertaining to supervision.
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4. Since the date that Wife filed the initial Petition for Special Emergency Relief (April 18, 2001),
Wife's 1999 Dodge Caravan was repossessed leaving Wife without an automobile or a means to obtain one.
5. The 1999 Dodge Caravan was titled in Husband's name and the invoices for the payments
on that automobile were sent directly to Husband at the marital home, 708 Cocklin Street, Mechanicsburg,
Pennsylvania 17055. At a support conference on February 20, 2001 in Northampton County, Husband
represented to Conference Officer Lucy A. Billetz, that Husband was making the car payments of $411.00 a
month. In fact, Husband had not made a car payment since December 1, 2000.
6. At no time did Husband inform Wife that he was not making these payments or that he
refused to make any further payments on the 1999 Dodge Caravan.
7. The finance company and the repossession agency attempted for several months to locate
the 1999 Dodge Caravan in front of the marital residence, but was unable to do so.
8. Only a day or two prior to the repossession, Husband finally told the finance company and
the repossession agency where the 1999 Dodge Caravan was located.
9. Husband owns and is the title holder to a 1987 Toyota pickup truck. This pickup truck has no
liens or encumbrances.
10. Husband resides in Mechanicsburg and works in Mechanicsburg.
11. Wife lives in Bangor, Pennsylvania and is under Court Order to provide transportation to
Mechanicsburg for her son from a prior marriage and will be unable to provide said transportation without an
automobile.
12. The parties hereto are subject to an interim custody order which provides that Husband shall
have the minor child, Nova C. Kuhn, on alternating weekends. This particular weekend beginning April 27,
2001, is a weekend in which Wife has custody of the minor child.
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13. Wife has no means of transporting the minor child in the event of an emergency or otherwise.
14. Husband is aware of the custodial situation and in light of that fact Neglected to make
payments and directed the finance company to repossess the automobile thereby divesting his Wife and
daughter of any transportation.
15. Wife is attempting to earn enough money to support her and the minor child in Bangor,
Pennsylvania. In furtherance of that goal, Wife obtained an Order of Court entered on March 16, 2001
which directed Husband to pay $784.00 a month to Wife representing child support only. There was no
interim order entered pertaining to spousal support.
16. The child support obligation began on March 16, 2001. Husband has failed to make two
payments due on March 16, 2001 and on April 16, 2001.
17. Had Husband made these child support payments and informed Wife that he would not make
any further payments on the 1999 Dodge Caravan, Wife could have possibly retained the automobile.
18. The parties hereto have a hearing scheduled on Tuesday, May 1, 2001 at 1:30 p.m. before
this Honorable Court.
19. In light of the impending hearing and the transportation needs of the parties as well as the
other facts set forth herein, Wife would ask that this Court direct that Husband turn over the automobile to
Wife for the interim period until Tuesday, May 1'" and then permanently thereafter.
20. Husband's counsel, Lawrence J. Rosen, Esquire has indicated to Wife's counsel that he will
be unavailable on Friday, April 27, 2001. Certainly the undersigned would encourage the Court to attempt
to contact Mr. Rosen prior to considering the relief prayed for herein.
WHEREFORE, the Petitioner/Defendant herein prays Your Honorable Court to direct that the 1987
Toyota pickup titled in Husband's name be turned over to the possession of wife in the interim until
Tuesday, May 1, 2001, the date of the hearing in this matter. Petitioner/Defendant then wishes to
supplement her prayer for relief in the Petition for Special Relief filed April 18, 2001 to include Husband's
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curing the default on the 1999 Dodge Caravan or permanently transferring title to the 1987 Toyota pickup to
Wife.
Respectfully submitted.
By:
:145693
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VERIFICA TION
I, Mark C. Duffie, attorney for Rebecca J. Kuhn, hereby certify that the matters asserted
herein constitute matters of record, legal arguments and matters within the direct knowledge of
counsel. The statements contained herein are true and correct to the best of the knowledge of
the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. ~4 04.
Date: April 27, 2001
: 145704
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CERTIFICA TE OF SERVICE
I, Mark C. Duffie, of the law firm of Johnson, Duffie, Stewart & Weidner, attorneys for
Rebecca J. Kuhn, do hereby certify that I served a true and correct copy of the attached Petition
and Order by United States Mail, first class, postage prepaid, upon the Counsel listed below:
Lawrence J. Rosen, Esquire
(sent via facsimile 234-3650)
Krevsky & Rosen, P.C.
1101 N. Front Street
Harrisburg, PA 17102
Date:
"'/17/01
:145707
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
LD. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
APR 2 0 2001
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Attorneys for DefendantlPetitioner
SCOTT R. KUHN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff/Respondent
NO. 01-1027
v.
CIVIL ACTION - IN DIVORCE
REBECCA J. KUHN,
Defendant/Petitioner
ORDER OF COURT
AND NOW, this Jday of April, 2001, upon consideration of the attached Petition for Special
Eme;gency Relief, it is hereby ordered that an expedited hearing/conference is scheduled for ~, 2001
at/~ o'clock .e..M. in Court Room L, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania.
BY THE COURT:
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J~hnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
LD. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for DefendantlPetitioner
SCOTT R. KUHN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff/Respondent
NO. 01-1027
v.
CIVIL ACTION - IN DIVORCE
REBECCA J. KUHN,
Defendant/Petitioner
PETITION FOR SPECIAL EMERGENCY RELIEF
PURSUANT TO PA.R.C.P. 1920.43 AND 1915.13
AND NOW comes the Petitioner, Rebecca J. Kuhn, by and through her attorneys, Johnson, Duffie,
Stewart & Weidner, and files this Petition for Special Emergency Relief and Support thereof avers as
follows:
1. The Plaintiff/Petitioner is Rebecca J. Kuhn, hereinafter referred to as "Wife," who resides at
615 Bangor Junction Road, Bangor, Northampton County, Pennsylvania 18013.
2. The Defendant/Respondent is Scott R. Kuhn, hereinafter referred to as "Husband," who
resides in the marital home located at 708 Cocklin Street, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
3. The parties were married on January 8,1998 and separated on or about November 25,2000,
when wife left the marital home.
4. Husband and Wife both agreed to Wife's relocating to Bangor, Pennsylvania and in
furtherance of that agreement, both parties signed an eighteen (18) month lease for Wife's residence. A
true and correct copy of said lease is attached hereto and incorporated herein as Exhibit "A".
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5. The parties are the natural parents of a minor child, Nova C. Kuhn (D,O.B. May 2, 1997).
6. Wife is the natural mother of another minor child, Howard G. Offenger, IV. (D.O.B. August 18,
1992). The natural father, Wife's former spouse, is Howard G. Offenger, III. Mr. Offenger currently resides
at 215 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania.
7. Since November 25, 2000, Husband has had exclusive possession of the marital home and
is currently residing with his girlfriend, Louise Wagner.
8. On December 13, 2000, Wife filed a Petition for Protection from Abuse in the Court of
Common Pleas of Northampton County, Pennsylvania to Docket No. C 0048 PF 2000001182 requesting
restraint of Husband from abuse, threats, harassment or stalking of Wife. Wife also sought temporary
primary custody of the minor child, Nova C. Kuhn. A true and correct copy of said Petition is attached
hereto and incorporated herein as Exhibit "B".
9. Pursuant to said Petition for Protection from Abuse, a Temporary Order was entered on
December 13, 2000 directing Husband not to abuse, harass, stalk or threaten Wife; evicting Husband from
615 Bangor Junction Road residence; preventing Husband from any contact with Wife other than custody
exchanges awarding Wife temporary custody of the minor child, Nova C. Kuhn; Husband shall relinquish all
firearms and prohibiting Husband from possessing, transferring or acquiring any other firearms license or
weapons for the duration of the Order. A true and correct copy of said Order is attached hereto and
incorporated herein as Exhibit "C".
1 O. On January 12, 2001, the Court of Common Pleas of Northampton County entered an Order
,
scheduling a final hearing on the Protection from Abuse Petition on Monday, January 22,2001. The Court
further ordered that Husband may exercise reasonable partial custody as agreed by the parties provided the
minor child, Nova C. Kuhn, is not away from the Husband's presence at any time. A true and correct copy
of said Order is attached hereto and incorporated herein as Exhibit "0".
11. By Order of Court dated January 22, 2001, the Court of Common Pleas of Northampton
County directed that Wife have primary custody and Husband have partial custody of Nova C. Kuhn and
further that Husband shall not leave the minor child with anyone other than her paternal grandparents or
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, mate~al grandmother. In all other respects, the prior Order shall remain in effect. A true and correct copy
of said Order is attached hereto and incorporated herein as Exhibit "E".
12. Husband filed a Complaint in Divorce with a Count for Custody on February 21, 2001, which
action is docketed to No. 01-1027 in the Court of Common Pleas of Cumberland County. A copy of said
Complaint was served upon Wife's counsel by letter dated March 15, 2001 to which an Acceptance of
Service was authorized and returned to Husband's counsel. A true and correct copy of said Complaint is
attached hereto and incorporated herein as Exhibit "F".
13. A Pre-Hearing Custody Conference was held on March 21, 2001 before Dawn S. Sunday,
Esquire. An Order dated March 30, 2001 following that Pre-Hearing Custody Conference which directed,
inter alia, that the Parties shall submit to a Custody Evaluation; the Parties shall exercise shared legal
custody; Wife shall have primary custody and Husband shall have partial custody on alternating weekends.
A true and correct copy of said order is attached hereto and incorporated herein as Exhibit "G".
14. Since the entry of the Northampton County Order directing that Husband shall not leave the
minor child with anyone other than her paternal grandparents or maternal grandmother, Husband has
repeatedly disregarded this Order leaving the child with a number of people other than the paternal
grandparents or maternal grandmother. Husband continues to do so with the knowledge that Wife does not
approve and in violation of the Northampton County Order.
15. Wife has a great deal of concern about the minor child's welfare while in the custody of these
other parties, which in fact initially prompted her to request such relief from the Northampton County Court
of Common Pleas.
16. Upon separation, Husband and Wife agreed that Wife should relocate to Bangor,
Pennsylvania and that she could remove her personal belongings to maintain a furnished household
conducive to the welfare of the party's minor child.
17. Since November, Husband has prohibited Wife from entering the marital home and obtaining
any of the possessions for Wife's residence in Bangor, Pennsylvania.
18. Many of Wife's possessions located in the marital home are not marital or particularly
beneficial only to Wife or the minor child, Nova C. Kuhn. A list of the personal possessions located in the
marital home that Wife owned prior to marriage are as follows:
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Tall walnut dresser and clothing
Walnut dresser with mirror and clothing and fabric therein
Wife's clothing in the closets
Green filing cabinet
Large heavy wall mirror
Containers and boxes containing curtains and fabric
Bamboo blinds
Large plastic toy box from patio
Maple toy box
Wife's entertainment center
Two large wooden yellow vinyl armchairs
Green wicker desk
3 cream-colored floral design antique lamps
Yellow plastic and metal table with 4 chairs from garage
Console
Round coffee table
Circular extension gate
Her son's plastic desk
Her son's classroom desk
Her son's toy box
Her son's plastic art stand
Picnic table and outdoor chairs including child-size chairs
Nova's doll display shelf with quilt rack
Nova's colored crocheted blanket for quilt rack
Wife's vases
Wife's glass cake dish with glass dome
2 small Sony speakers for Wife's Sony television
Son's containers of action figures collection
Wife's cookbooks
Ironing board
Drawers full of kitchen fabrics
Son's large light blue bookcase
Wife's unfinished rocking chair from garage
19. Husband also has retained and refuses to return to Wife a number of items of personal
property that were given to Wife by Wife's family for her or for the children. A list of those items is as
follows:
Piano
Kitchen table with six chairs
Heirloom music box
Wife's Fairybell china in box
Heirloom jewelry
Wife's black leather jacket
Nova's Madelline doll and book in closet box
Nova's doll collection
Collection of children's books
Nova's plastic tea set
Nova's Little Wooden Mix Match Dress-Up box
Son's archery set
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20. A large number of items located in the marital home are those which are utilized regularly by
Wife, her son and Nova and are only beneficial if they are in possession of Wife, her son and Nova. Those
items include:
Large tent
Large container of children's outdoor toys
Nova's bedding - 1 puff quilt comforter with pillow cover
Twin bed frame
Wife's miscellaneous candle making materials
Wife's sister, Gina's boxes
Wife's boxes of baskets from garage
Wife's clothing
Wife's brown Carhart winter coat
Wife's son's collectors Harley Monopoly game
Wife's son's knick-knacks and toys
Wife's son's bedding
Wife's art supplies from the patio
Wife's 4 containers of art supplies in basement
Wife's son's wood burning kit from garage
Wife's staple gun
Boxes containing Wife's miscellaneous beads and jewelry for jewelry making
Nova's Barbie dolls
Nova's blue and purple dressers
Restaurant table with metal base for Wife's' crafts
Long folding table from garage for Wife's flea market work
One of Nova's bikes
Wife's gardening and potting supplies
Children's games
Black wooden and felt case in garage for Wife's jewelry
Child-sized school chairs
Wife's collection of Nova's wall pictures
Wife's son's coin collection
21. Wife is also attempting to establish a household suitable for her son and Nova and in
furtherance of that goal, Wife would also like the following items from the marital home:
Curtain rods stacked in garage
Albums
Water conditioner
Black trays
Clothes dryer
Vacuum cleaner
Stove
22. In furtherance of the parties Agreement for Wife to relocate to Bangor, Pennsylvania, the
parties hereto entered into a Lease Agreement dated October 28,2000. See Exhibit "A".
23. Husband agreed to pay the $765.00 monthly rent and, in fact, paid the rent for November,
2000, January, 2001, and February, 2001.
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24. Wife instituted an Action in Support on January 3, 2001 in the Court of Common Pleas of
Northampton County. On March 16,2001, the Northampton Court of Common Pleas entered an Order of
Court directing Husband to pay $784.00 a month representing child support, effective December 13, 2000.
The first payment was due upon receipt of the Court Order, A true and correct copy of said Order is
attached hereto and incorporated herein as Exhibit "H".
25. Husband has contested Wife's entitled to spousal support and therefore the Order only
included child support at $653.00 a month and $131,00 monthly in arrears. Wife has filed a timely appeal to
the Conference Officer's findings regarding spousal support.
26. The child support obligation is unattached and Husband has failed to make any payments to
Wife pursuant to this Order. Wife intends to pursue a Petition for Contempt in Northampton County for
failure to make payment.
27. On March 20, 2001, the Dennis Keith Group, owner and landlord of Wife's residence,
instituted a LandlordlTenant action before District Justice Todd M. Strohe, 718 S. Main Street, P.O. Box
186, Bangor, PA 18013 (Mag. Dist. No. 03-3-03), The Dennis Keith Groupo secured a judgment for all
rents due under the lease and possession. A true and correct copy of the said Complaint is attached hereto
and incorporated herein as Exhibit "I".
28. Husband has failed to make any payments under said Lease since February 1, 2001.
29. Wife is beginning a new employment in the Bangor, Pennsylvania area but is unable yet to
make rent payments at the 615 Bangor Junction Road, Bangor, Pennsylvania residence.
30. Husband's disregard for the interim support order and his unwillingness to make any
payments on the Lease which he signed with Wife will cause Wife to lose her residence and be unable to
provide suitable and an adequate residence for their minor child during the pendency of these proceedings.
31. Wife's counsel has discussed these rent arrears with the Dennis Keith Group who has
agreed to allow Wife to remain at the residence if the rent payments are immediately brought current.
WHEREFORE, in consideration of the averments set forth in this Petition for Special Emergency
Relief, Wife seeks the following relief:
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A. Husband return to Wife those items as set forth herein which are non-marital and are
particularly personal to Wife and the minor child as well as those items that were gifts to Wife or the minor
child. Wife also seeks the return of those household items that would allow her to maintain a healthy and
suitable environment for the minor children.
B. Husband be directed to leave the minor child, Nova C. Kuhn, only in the care of himself, the
paternal grandparents and the maternal grandmother or other parties that are discussed and approved by
Wife.
C. Order Husband to immediately pay rent for the months is March and April and May and
provide credit for those payments towards the unpaid support obligation.
Respectfully submitted,
JOHNSON, DUFFIE, STEW T & WEIDNER
: 145263
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VERIFICA TION
I, REBECCA KUHN, do verify that the statements made in the foregoing Petition are true and correct
to the best of my knowledge, information and belief. 1 understand that false statements made herein are
subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities.
i!JJtU'4 t::A
, REBECCA: KUHN !{l
Dated:
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:145123
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CERTIFICA TE OF SERVICE
AND NOW, this \1+- day of~0"A, ,2001, the undersigned does hereby certify that he did this
date, serve a copy of the foregoing Emergency Petition for Special Relief upon the other parties of record by
causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania
addressed as follows:
:145263
Lawrence J. Rosen
Krevsky & Rosen, P.C.
1101 North Front Street
Harrisburg, PA 17102-3324
By:
JOHNSON, DUFFIE, S
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REA.D THE CONDl"rlONS 'OF THtS' 'l::EASi;:
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~ LEASE, M,d.! Ih~.~.J.ath.H~'_'H"__"'__d.oy cf .o,r;.to:a~~"'H"_~_"_H_H'H"_"...Ir.. o.~i5.~.
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!ioo'Ch tJIQr:iII!li'1,:or. nent duG 1 IiQe".:ubaz- 2000 s:w.l1 1H-niyer0d in the
mUS!. of G'N" L'1. ~C:;lSHGl'~.tion of' t!'!,," tem-,nt el"1.:m1ng~ pa:I.ot.inz
a::d 1jl,......;.:1n.,. !'drlor l'QI<ldrs Cnot I3xce'l6.L-.r; ."..2O,J; iu ro.:,tli'l'i~l).
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or _'IDi9.._t.;U._lJ112.rt!;l:!~._._......._ ~...d lllho upl..u.... t)".....l wllhou\ furth.r nutlc.. Nul OWom' llUlho:-l.w-
I\1l ODO!loIlItIGOlI llIoll 1>0 dUllIO<I. .. lurtll., NMW..i lor. lib linn. 1= ."d. In Uklo "'........ And .v..,. IUch ren<l""ol _Mil
boI_ubl..ttalh'pOVoll'ltltllol'thlllt-aw.
411.. ACCE.LERATION..'If te.nnant fails to pay any installment of rent when. same
becomes due and payable, the entire amount due under this agreement shall
. at ol"\ce become Que al'ltl payable. .
4b. SECURITY DEPOSIT. A security deposit'!n the sum of $16S.~C is
required and has be(!.(l paid by the tgna.nt'. ,The securi::y iieposlt llIay not be
applied by the tennant as and for pay~cnt of any rent due the Owner prior
to vacation of the p,emises -by. the tQnant~ Should tennant be resPQns~~te
f~r damage and or toss of value to the premises greater than the value of
the security deposit. tennant agrees to reimburse the owner for such loss
inlmedLatldy upon presentation of the bill' for, sai.d damage 3";d .,?,Z:. 1.08S.
4c. All rentals aTe to be paid to DZtINIS',1'::E:I:'!H GROlJP1 t:Mi.e:t.r;!e',. 'N'::B~X.#36?,
'SBiJ:or-1lbu-rg, PA '1-:a3'3~
4d. SEE "ADDENDUM TO LE:ASE".
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for THE DeNNIS KEITH GROOP, LTD
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. ,. ADOENDUM 'l'O LEASE
he pJ:'opeJ:'ty desa:ribecl i1'; .his 1ease,;ia rentea '!A, is"'. 'l'be ;:<,mant shall.
~l.e~e and retuJ:'n, within':; (iays of:i:.aking pOllUm,SS~4:n, a JIlO'OTGI in :lnsp~ct:l.gn,
.not.1.fyulg" the tJ:1.1stee, .:in wx.i.t:ing, 0:( any ezistitiq dama.g:e,. .
.(2) 'renan:!:. shal:l. be I:eapoIl.a'ib!.e fo:r all,uti1..i~es tgas; ,0i,1., eleotric, 9",rbage
oolleotion, watEu: and sewer, telephone and TV. Cable),. c" '.
(3) ~ 1.ilt.e pa:ytllElnt fee o~ $~.OO,_~ez:.,da,Y,abauJ'be ehaJ:'g~, 'foI: .aU I;ent~ 0:; a~
port:l.on 1:heJ:'e o,f, not paid. within 5 tiays of the, due date., . Late 'payment; 'fees
shall be ohaJ:'ged from the date payment was, due, with a m~uil!,::cha.:rqe no~ ,exceee
1 months rent. . , ." ",.;' ':' ,," "
(4) All 'ren~s paid 2 days pr.ior to dUG! date, as per post.ma:i:-'1,n.;~~~~;,;:l" be,"
disoounee.d:l,n the S~ of $15.00. . 'J'.-':: ,.'\',.' " . ';.'
(5), Ea~. ~nant .is jointly and separately responsib1.e for ;;,i*:~~~I;.: ~ -i:!.:~ .,r~ts '
and ut.:a.l.:L't1.es; ,and o~~.. :~ ',:.,' : ',:,:J, ':'--'''-:'':;'~
(6) i'he use of kS%osene heaterS'is prQhibitQd. /.:'-,11. '.;..",'..,- "~'..':;
.(7) Tenant sha1l:be responsible for o:btaininq "Renter's Inh;ban6e~"fo:;, J.il!lbiJ.i.ty
and propez:t:.y ..loss. . .' ",
(8)'l'enant:. shall. assUllIe all regponsibilit:.y'for all damages 'due ~"~cigJ.i~C!e'of
tenants or 91l8sts, aDd shul notify the ti;usteB ,in 1Ir:L ti~ of any' daIliagEi,:'
(9) 'rhe t.enant shall keep.the premises, he occupies a}:ld uses safe,and saq-i:~8:~.
(10) 'file un:&nt shall di:spose of rubbish, garbage, an~ otbm:. 'faf!F!l! in ,a i;""~c:':'
safe, and sani1:a.ry mai1ner. ",",'
{Ill The 'tenant shall. he J:Elsponeibl.e. for: all :r:om.o-val of, anew and. i01l!l f>:OII\. a.l._
walkways and public side walks.
(12) Tenant shall be responsiblEl'for outting al+ gJ:'8SS. , .,
(13) The tenant:. shall use all electrioal and p1.~ing fixtUre in a safe 'and'
proper manner. ~enant shall keep all plumbihq f:!.%tures in the dweJ.ling 'imit:. or
used by the t'Cmant as clean as 'cheir condition pe.anits. '
(14) Tenant a9'J:'ees to give baok possession of the pJ:opert:.y in the Sallle condition
a't. the oonclusion of t:.he lease, as when the tenant ~aae1ved~osse9sion.
(151 Tenant shall oonduob themself and require other persons on the p~aes
with his Oonsent to oonduClt themselves in a manner' that will not disturb his
neighbors ~ peaaaful enjoyntent .of the, .p:l:emises..
(16) Terllu~t. s1;1a11 not,oondUct, nor shall they permit, any unlawful. aat.s to
oonducted. on the ~em1Bes. Possession .of il1.eqal drugs, by ~y tenant, on .or off
tbe prGmises, shall te:r::m.inate this l.ease iJzlmeclia1:ely.
(17) Tenant. shall nat tmreaaonably wi't:bh,Qld.' c.onsent for t.b,Q'trus-ee.e to en~ on
the premises .in order t:.o inspect said pram:i.sea, mako ordinary, necGlssary, or
,agreed repairs, alterations or irlIpro'VelIUilnt, or exhibit: the premdses to
proSllElotive or actual pUJ:'chasers m.ortgages other relJident:s or. contractors.
(18) 'renant agre81i1 nat: to make any alteration. .or paint or ooyer wa~ls or
surfaces .of '!::he rental premiaes wi t;h, any material. whatsolaver, wi -thout pr.ior
writ:t:en consent:. of the 'trustee. .
(19) 'lenant h~ 'ffa.i-ves stat.ut.ory not.ice t..o qu.it.. , '
(20) Upon conaJ.usion of tbe lease, ten;;lnt., shall give t:.rustee, t]le1r new address
in writing. If the t.enant. fa:lJ.s to pay last months rent tlnd give notioe of! new
address, t.enant. shall pay a pertalty eqL1al to two months rent, 'rrustee sha:l.l
give, within 30 days, an itemillied list of damages.
(21) Sbould the trustee be required to 't.ake'l.egal act10n to regain possession of
the prcwert:.y, .obtain payments ~:e r!IDt:.s, utilities directly paid or reimbursement
for dinnagaa, tbe tenant ahall ):Ie responsiJ::>le to pay all the trust.ee's leliJal and
oourt expenses, plus a $100.00 adminhtratift fee. '
(22.) 'fhe tenant. sbaJ.l keep no. 'Pet.s withO-ut. '11::it.t.en pe:r:m3.8sion Qf the awne:r:. A
$50 pet rent penalty shal.l be paid by the tenant., for any mOJ?th or any pa:r:tion
of a month, an UD,authorizecl pet is kept:. "
~(23) Tenant; shall not aSsign this ag:r:eeIllent or sublet the prem.is~s OJ:' any part
t:heJ:'sof without If'%"itten pe:r:mi.Sllion of the t:r:ust:.ee.
(24) Tenant shall keep no pets other ..than twe J.ist.ed. Pet permitted
(2S)~enant:. sh311 not p~t, any offio~al of any government agency to enter OJ:'
oOlU1UC'e any type :inspect.i.on with-out. \fr-i.:t.t:.en authO%:i~ation of ~ 'trust~.
I HAVE READ AND ONDERS'l'AND 'l'B1L9~ITIONS or TBIS LEASE.
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PFAD Number: NVI I73003H
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: IN TIlE COURT OF
: COMMON PLEAS
: NORTHAMPTON
: COUNTY,
: PENNSYL V ANlA
: CNIL - PROTECTION
: FROM ABUSE
REBECCA KUHN
PIamtiff .
SCOTT R KUHN
Defendaot
: No. C0048PF2000001182
PETITION FOR PROTECTION FROM ABUSE
1, Plaintiffs name is:
REBECCA KUHN
2, 1, (the Plaintiff), am filing this Pelltion on behalf of:
- myself
3. Name(s) of ALL person(s), inclnding minor children, who seek protecllon from abuse.
.. REBECCA KUHN
4. Plaintiff's Address is: 615 BANGOR JUNCTION ROAD, BANGOR, PA 18013
5, Defendant's Name is:
SCOTT R KUHN
6. Defendant is believed to live at the following address:
708 COCKLIN STREET, MECHANICSBURG, PA 1705S
7. Defendant's Social Security Number is:
205-52-4419
8. Defendant's Date of Birth is:
October 6, 1959
9. Defendant's Place of employment is:
GINGERBREAD RESTAURANT, MECHANICSBURG
EXHIBIT "BI1
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J.O, Defendant is an adult.
, I I. The relationship between the Plaintiff and the Defendant is:
Spouse
12. The defendant has uot been involved in a criminal court action.
13. Plaintiff and Defendant are the parents of the following minor childJren:
a. NOVA KUHN
Age:3 YRS
Cbild's address is: 615 BANGOR JUNCTION RD, BANGOR, PA 18013
14. Plaintiffi. seeking an Order of child custody as part of this petition.
The following is a list of the children and where they have live for the past 5 years:
a. NOVAKUHN
For the past 5 years, this child has lived with:
CHILD LIVED WITH BOTH PARENTS UNTIL NOVEMBER 25, 2000.
15. The facts of the most recent incident of abuse are as follows:
On about Tuesday, December 12, 2000 at approximately 9:30AM
locatioo: 708 COCKLIN ST., MECHANICSBURG, PA-
I WENT TO THE RESIDENCE AND SCOTT CAME TO THE RESIDENCE IN A FOWL MOOD. I
iMMEDIATELY PUT THE CHILD IN THE VEmCLE AND AS I GOT INTO THE CAR, HE
],U1~LED ME BY MY HAIR. THEN THREW ME AGAINST THE TRUCK AND WAS VERBALLY
ABUSIVE AND PULLED TBINGS OUT O~' THE V AN. I R'.1". INSIDE WITH THE BABY AND
PHONED THE POLICE, IN THE MEANTIME, HE DUMPED ALL OF MY BELONGINGS OUT OF
THEY AN ALL OVER THE PLACE. HE DOES HAVE A PROBLEM WITH DRUGS,
l6. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor
chiIdJren:
a. AS DETERMINED BY JUDGE
17. The police department(s) or law enforcement agencies that should be provided with a copy ofthe protection
order are:
WASHINGTON TWSP. POLlCE
18. There is an immediate and present danger of further abuse from the Defendant.
19. Plaintiff is asking the court to evict and exclude the Defendant from the following residence:
615 BANGOR JUNCTION RD., BANGOR, PA.18013
Rented By:SCOTT R KUHN
20. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE
FOLLOWING:
a. Restrain Defeodant from abusing, threatening, harassing, or stalking Plaintiff andJor minor
childJren in any place where Plaintiff may be found.
b. Evictlexclode Defendant from Plaintiffs residence and prohibit Defendant from attempting
to enter any temporary or permanent residence of the Plaintiff. '
c. Award Plaintiff temporary custody of the minor child/ren and place the following
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IMPORTANT INFORMATION
IF YOU HA VB BEEN BEFORE THE JUDGE AND HAVE GOTTEN A TEMPORARY
PROTECTION FROM ABUSE ORDER:
Y QU MUST appear in Court again for your second hearing on the date the Judge gives you,
Twning Point can provide someone to be with you to help explain the court process and give you
information about your rights lUIder the Protection From Abuse Act. ,
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'For example, you have a right to ask for:
· the abuser to stop the abuse against you
· the abuser to be kept away itom where you live & work
* temporary custody of minor children
* money for medical bills & lawyer fees
· money for other ,expenses like new locks
· money for wages lost from work as a result of the abuse
,* removal cfweapon,s used or threat~ned to be used .against you
...@.........@...................@....................~..
Trained. advocates can answer your questions about what to do when the abuser breaks the order.
You could also meet with a counselor advocate to discuss any concerns you might have about
h<Jusing, money, your children or your safety.
ASKING FOR A PROTECTION ORDER IS AN IMPORTANT STEP AND SHOuLD
BE CONSIDERED CAREFULLY. WE CAN HELP I!!
CONTACT
TURNING POINT OF LEHlGH VALLEY
437-3369
24 HOURS A DAY, SEVEN DAYS A WEEK
.FREE & CONFIDENTIAL SERVICES
Idisk!{;;,.~al
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restrictioos on contact b_een Defendaot and child/ren:
d. Prohibit Defendilllt wl:n having any contact with Plaintiff and/or minor child/ren, either in
person, by telephone, or in writing, personally or through third persons, including but not
limited to any contact at Plaintiffs school, business, or place of employment, except as the
court may find necessary with respect to partial custody and/or visitation with the minor
child/ren.
e. Order Defendant to pay the costs of this action,' including filing and service fees.
f. Order the following additional relief, not listed above:
g. Order the police or other law enforcement agency to serve the Defendant with a copy of this
Petition, any Order issued, and the Order for Hearing. The petitioner will inform the
designated authority of any addresses, other than the Defendant's residence, where
Defendaot can be served. '
VERlFICATION
I verify that I am the petitioner as designated in the preseot
action and that the facts and statements contained in the
above Petition are true and correct to the best of my
knowledge. I understand that any false statements are made
subject to the Penalties of 18 Pa. C.S. ~4904, relating to
unsworn falsification to authorities
.f/k-M/J. / ~
Signature '
Date
J2-(3-200(7
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,'AFETY
: IN THE COURT OF
: COMMON PLEAS
: NORTHAMPTON
: C01'JNTY,
: PENNSYLVANJA
4id#
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REBECCA KUHN
, ,Plaintiff
FOR YOUR SAFETY
: CI\lIL - PROTECTION ~ "'"
: FROM ABUSE c, a ;'(:..
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: No.cC0048PF20(){){J()l1f.~fl. -()
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THIS ORDER MUST NOTICE OF HEARING AND ORDER ~~"
13" WITH YOU AT ~
Y~~~EEN SUED IN COURT. If you wish to defend against the claim set forth in the
following papers, you must appear at the hearing scheduled herein: If you fail to do so, the case may
proceed agaiost you and a FINAL Order may be entered against you granting the relief requested in the
Petition. In particular, you may be evicted from your residence and lose other important rights. Any
protection order granted by a court may be considered in subsequent proceedings under Title 23
(Domestic Relations) of the peonsylvania Consolidated Statutes, including child custody proceedings
under Chapter 53 (relating to custody).
ALL TIMES
SCOTT R KUHN
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Defendant
A hearing on the maller is scheduled for the 20th DayofDecemqer, 2000 at 1:15PM, in Courtroom
MOTIONS COURT at NORTHAMPTON eOUNTY GOVERNMENT CENTER Courthouse,
669 W ASIDNGTON STREET, EASTON PA 18042 .
, Yau MUST obey the Order that is a.ttached until it is modified Of terrr..inated by the court after notice and
hearing. If you disobey this Order, the police may arr..,t you. Under federal law, 18. U.S.C. ~2265, this
Order is enforceable anywhere in the United States. If you travel outside of the state and intentionally
violate this Order, you may be subject to federal criminal proceed,ings under the Violence Against
Women Act. 18 U.S.C. ~2262. Violation of this Order may also sUbject you to prosecution and criminal
penalties under the Peonsylvania Crimes Code. in addition, if you are subject to a FINAL
PROTECTION ORDER, you may be prohibited fromrossessini transporting, or accepting a firearm
uoderthe 1994 Amendment to the federal Gun Contro Act, 18 U.S.C. ~922(d) and (g).
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE
RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL
NOT, HOWEVER, APPOINT A LAWYER/!,OR Yo:U,IF~bu DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FlND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT FIND A LAWYER,
YOU MA Y HAVE TO PROCEED WITHOUT ONE,
County Lawyer Referral Service
LAWYER REFERRAL SERVICES
155 SOUTIl NINTIJ: STREET
EASTON P A 18042
(610) 258-6333
EXHIBIT "e"
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REBECCA KUHN
Plaintiff
: IN THE COURT OF
: COMMON PLEAS
: NORTIIAMPTON
: COUNTY,
: PENNSYLVANIA
: CIVIL" PROTECTION
: FROM ABUSE
v.
SCOTT R KUHN
Defendant
: No. C0048PF200000 I I 82
TEMPORARY PROTECTION FROM ABUSE ORDER
Def~dant's Name is: SCOTT R KUHN
Defendant's Date of Birth is: October 6, 1959
Defendant's Social Security Nwnber is: 205~52-4419
Name(s) of All protected persoDS, including Plaintiff and minor
children:
1. REBECCA KUHN
AND NOW, on 13th Day of De"-ember, 2000 upon consideration
of the attached Petition for Protection from Abuse, the court hereby
enters the following Temporary Order:
Plaintiffs request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or tbreaten any of the
above persoDS in any place where ~ey might he found.
(
2, Defendant shall be evicted and excloded from the residence at:
615 BANGOR JUNCTION RD., BANGOR, PA.180I3
or any other permanent ot temporary residence where Plaintiff or
any other person protected under this Order may live. Plaintiff
is granted ex.clusive possession of the residence. Defendant shall
have no right or privilege to enter or be present on the premises
of Plaintiff or any other person protected under this Order.
3. Except for such coutact with the minor child/ren as may be
permitted under paragraph 5 of this Order, Defendant is
prohibited from having ANY CONTACT with Plaintiff, or any
other person protected under this Order, at any locatioo,
includiug but not limited to any contact at Plaintiffs school,
business, or place of employment. (
4. Except for such contact with the minor child/ren as may be
permitted under paragraph 5 of this Order, Defendant shall not
contact Plaintiff, or any other person protected under this Order,
by telephone or by any other means, including tbrough third
persons.
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5. Pending the ontcome of the final hearing in this matter, Plaintiff
, is awarded temporary custody of the following minor chiId/ren:
1. NOVA KUHN
Until the final hearing, all contact between Defendant and the
child/ren ,hall be limited to the following:
The locallaVf enforcement agency in the jurisdiction where the
, child/ren are located shall ensore that the child/reo are placed in
the care and control of the Plaintiff in accordance with the terms
of this Order.
6. Defendant shall immediately relinquish any fireann, license the
Defendant may possess, and the follOWing weapons to the
Sheriffs Office or a designated local law enforcement agency for
delivery to the Sheriff, Office.
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1. :,8 ElE1'EltivuNbLJ ~ r JUDGE I'r ;h
Defendant is prohibited from possessing, transferring or
acquiring any other :firearms license Or weapons for the duration
of this order.
7. The following additional reliefi, granted:
~ Order Defendant to pay the ~osts of this action. including
filing and service fees.
8, A certified copy of this Order shall be provided to the police
department where Plaintiff resides and any other agency
specified hereafter:
WASHINGTON TWSP. POLICE
9. The sheriff, police or other law enforcement agencies are directed
to serve the Defendant with a copy of the Petition, any Order
issued, and the Order for Hearing without prepayment of costs.
The Petitioner will inform the designated authority of any
. addresses, other than the Defendanfs residence, where Defendant
can be served. The Prothonotary i, directed to file this Petition
and Order without prepayment of costs.
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT
AND SHALL REMAIN IN EFFECT UNTIL DECEMBER
13,2001 OR UNTIL OTHERWISE MODIFIED OR
TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
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Defendant is hereby notified that violation of this Order may result
in arrest for indirect criminal contemp~ which is punishable by a
fine of up to $1,000.00 andIorup to six months injal!. 23 Pa.C.S.
~6I 14. Consent of the Plaintiff to Defendant's return to the
residence shall not invalidate this Order, which can only be
changed or modified through the filing of appropriate court papers
for that purpose. 23 Pa.C.S. ~6I 13. Defendant is further notified
that violation of this Order may subject himlher to state charges and
penalties UDder the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Ac~ 18
V.S.C. ~~2261"2262.
NOTICE TO LAW ENFORCEMENT OFF1CIALS
This Order shall be enforced by the police who have jurisdiction
over the plaintiffs residence OR any location where a violation of
this order occurs OR where the defendant may be located. If
defendant violates Paragraphs I through 6 of this Order, defendant
shall be arrested on the charge of Indirect Criminal Contempt. An
arrest for violation of this Order may be made without warrant,
based solely on probable cause, whether or not the violation is
committed in the presence oflaw enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all
weapons used or threatened. to be used during the violation of this
Order OR during prior incidents of abuse. Weapons must forthwith
be delivered to the Sheriff's office of the county which issued this
Order, which office shall maintain possession of the weaPons until
further Order of this court, unless the weapon/s are evidence of a
crime, in which case, they shall remain wi law enforcement
agency whose officer made the me /
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Date
Distribution to:
PLAINTIFF
DEFENDANT
PENNSYLVANIA STATE POLICE:BBTHLEHEM
POLICE OF RESIDENCE FOR PLAINTIFF
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COHHd~ PLEAS OF HO~TJmKPTON COUNTY,. PENNSYLVANIA
-'-ann. ACTl:OH - LAW
.', True Copy Allest
;',Jancv Non )
, ;Ierl<, of Court
,..lvlul-"rothonota PROTECTION FROK ABUSE
'I) HO. 7-67P - nr <..
'~?:'~miTfisio iJExpires
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'DEFENDANT ,,<:"'c. of\- : \c..,~'1
Tem:porary Order', o:o't;he.'Defendant: '
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AND NOW, h~~in9,date on.PFA Petition is c,?ntin~ed pe~~
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FOR YO: j;.:~ ::':~1P=TV
THIS ORDER MUST
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ALL TIMES
El:TEHSIOH ORDER
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2.' This order r~ains'in- effect regardless 'of Resumption of C~habitation by
parties.
3.. Either party may, 'place this matter on a miscellaneous hearing list for
hearing on the,merits ~fter service: of 'the compl~int and this order' has been
effected.
4. The Clerk of' Court shall telefax a copy of this Order to the Police
Department(s) listed'l'-elow, which Shall enforce this Order i~ ~ccord with
instructions on rear of tempor,ary order..
5. Sheriff of Northampton County, or any adult, shall serve copy hereof
forthwith upo~ the D~fendant, 'and forthwith file return of s~rvice. in 'the ClerIc
of' Court',s Office.
6. Copy' of this Order'may be posted'on premises'forthwith.
7. 'Absent a request for hearing within thirty (30), days of service, costs
shall be, p1~ced on"D,?-fendan,t.
POLICE DEP~RTHEHT8:
BY TIlE COURT,
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'I IN THE COURT, OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA
, 2 '
UN' rIFF REBECCA KUHN ~L ACTION' LAW '
v. F ~L EJisOTECTION FROM ABUSE
.FEND= SCOTT R. KtiiIN ,NO_ C0048~~~%D8Bttllatest ,
D.O.B.: SS*_-_---1"OI J~N 12 A II' 20 ~;::'~o~g~urt
, Civil/prothonotary
, CLERK OF " ~
ORDER OF COURT UNDER P1ilI>tt'<i H ABU ' xplres '
"HORTHAHPTON COUHTY PA Jan. 2002
AND NOW, this,~ day of
, ..20-.-, under the"Protection from
Ab~se Act, 23 Pa., C~S.A. ~. 6101 et sea., it; is . hereby ORDERED ana" 'DIRECTED:'
'~at\Vl1 Wv"'~I~tP~Af~ AMdt~> 0,
'Jttl~v~l l2) lb~l) 1',ISp~l- Q<V~ Z2j, .. "
, " \vLi~t vnlivN-btff1i) &U~+JtMf', K~hfl '
VVt.~, {~.' M'D.!l~' NJ 1 ~Vt, ~b ~ pW.' fa! C/(M[i~,(, '
11~[~f'Wt b~ -J;hll p~~Lll~,' P/tflvIDw '
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~~~~ prt~N'~I(ft anr~nM, \
Costs: shall be paid-by the defendant~
, CLERK OF COURT SHALL l'J;LE CERTIFIED PHOTOCOPY OF THIS ORDER WITH THE SIIEillFF
AlfD ALL, POLICE DEPARTMENTS WHO HAVE BEEN DIRECTLY' NOTIFIED OF THE PFA ORDER,
WHICH PHOTOCOPY 'SHALL BE SUFFICIENT ,COQRT AUTHORIZATION FOR ENFORCEMENT_
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SEE NOTICE TO PARTIES
ON REVERSE SIDE
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Costs: shall' be 'pa~d' by the d,ef~mdant":.
, CLERl\ OF COURT SHALL FlLE CERTIFIED :PHOTOCOl'Y OF, THIS ORDER WITH THE SHERIFF
1Il!DALL l'DLICE DE:PARTMElITS WHO"HAVE BEEN DII\ECTLy'NOTIFUD OF THE l'FA ORDER,
WHIClil'HOTOCOl'Y,'SHALL BE ,SUFFICIENT ,CO'qRT AUTRO ION FOR E ORe
, EXHIBIT '!tE'-'
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SEE NOTICE TO l'ARTIES
ON REVERSE SIDE
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SCOTT R. KUHN
PLAINTIFF
V.
REBECCA J. KUHN
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANlA
01-1027 ClVlLACTIONLAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, February 27, 2001 . upon consideration ofthe attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39WestMainStreet,Mechanicsbur~;PA 17055 on Wednesday, March 21,2001 at~.m.
for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: Isl
Dawn S. Sunday. E~j
Custody Conciliato,' ~
The Court of Common Pleas of Cumberland County is required by law to comply with the Amelicans
with Disahilites Act of] 990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office, All an'angements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR lELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-31~UE COpy FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle, Pa.
This;?6.,..... day ofS:i.d........., <f.'3?!.
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7u,u Prothonoi.;;;y ,
EXHIBIT n F"
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SCOTT R. KUHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: NO. 0(- /6:21 C;oi \
: CIVIL ACTION - IN DIVORCE
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REBECCA J. KUHN
Defendant
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You have been sued in Court. If you wish to defend against the claims setforijt~n dl~' -....
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 YVI/for any other claim or relie/requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation afyour children.
NOTICE TO DEFEND AND CLAIM RIGHTS
H'hell the groundfor divorce is indignities or irretrievable breakdown a/the
marriage. you may request marriage counseling. A list a/marriage counselors is available at
the Office o/the Prothonotary at the Cumberland County Courthouse, Carlisle. You are advised
that this list is kept as a convenience to YOll and you are not bound to choose a counselor form
the list. All necessary arrangements and the cost of counseling sessions are to be borne by you
and your spouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(71 7) 249-3166
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COMPLAINT IN DIVORCE UNDER SECTION 3301lC) AND 3301 (ll)
OF THE DOMESTIC RELATIONS CODE
AND NOW, comes the Plaintiff, SCOTT R. KUHN, by and through bis counsel, Krevsky
and Rosen, P.C., and respectfully represents as follows in support of the within Complaint.
1. Plaintiff is SCOTT R. KUHN, a citizen of Pennsylvania whose primary residence
is 708 Cocklin Street, Mechanicsburg, Dauphin County, Pennsylvania 17055.
Plaintiffs Social Security Number is 205-52~4419.
2. Defendant is REBECCA J. KUHN, a citizen of Pennsylvania whose primary
residence is 615 Bangor Junction Road, Bangor, North Hampton County,
Pennsylvania 18013. Defendant's Social Security Number is 152-58-9054,
3. Plaintiff and Defendant are sui iuris and have been bonafide residents of the
Commonwealth of Pennsylvania for at least six months immediately preceding the
filing of this Complaint.
4. The parties are husband and wife and were lawfully married on January 8, 1998
in Winchester, Virginia.
5, There has been no prior action for divorce or annulment instituted by either of the
parties in this or any other jurisdiction.
6. Plaintiff has been advised of the availability of counseling and of the right to
request that the Court require the parties to participate in counseling.
7, Plaintiff and Defendant are bOtll citizeos of the United States.
8. The parties have been separated as of October 30, 2000.
COUNT!.
ReDuest for No-Fault Divorce Under
3301lc) and (d) of the Divorce Code
9. Paragraphs one through eight are incorporated as if fully set forth herein,
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10. The matriage of the parties is irretrievably broken.
II. After ninety (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.
12, Plaintiff has been advised of the availability of counseling and that Plaintiff and
Defendant have the right to request the Court to require the parties to participate
in such counseling.
13. Defendant is not now and has never been a member of the anned forces of the
Uoited States.
14. The parties intend to continue living apart.
WHEREFORE, ifboth parties file affidavits to a divorce after ninety days have
elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a
Decree of Divorce, pursuant to 3301(c) of the Divorce Code. In the alternative, should the
parties continue living apart for a period of time greater than two years, Plaintiff respectfully
requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code.
COUNT II.
ReQuest for EQuitable Distribution of Marital Prooertv
Under 63502 of the Domestic Relations Code
15. Paragraphs one through fourteen are incorporated as if fully set forth herein.
16. The parties are owners of marital property subject to equitable distribution.
17. Plaintiff requests the Court to equitably divide, distribute or assign the marital
property between the parties and the marital debts of the parties without regard to
marital misconduct in such proportions as the Court deems just after consideration
of all relevant factors,
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WHEREFORE, Plainliffrespectfully requests that this Honorable Court enter an Order
of Equitable Distribution of marital property and marital debts pursoant to ~3502 of the Domestic
Relatioos Code.
COUNT III.
Custody
{8. Paragraphs one through 17 are incorporated as if fully set forth herein.
! 9. The parties have one minor child.
(a) Nova C. Kulm, was born 00 May 2,1997,
:w. The child is presently in the custody of Defendant.
21. In the past five years, ~ova C. Kulm has resided with the following persons and at
the following addresses:
D,O,B. May 2, 1997
to January 8, 1998
Scott R. Kulm,
Rebecca 1. Zatnya
(oow Rebecca J. Kuho)
and Howie Offinger (Defendant's son)
329 S. Washington Street
Mechanicsburg, Pa
January 8, 1998 to
July 1999
Scott R Kulm, Rebecca J. Kuhn
and Howie Offinger
329 South Washington Street
Mechanicsburg, Pa
July 1999 to
November 2000
Scott R. Kuhn. Rebecca 1. Kuhn
and Howie Offil1ger
708 Cocklin Street
Mechanicsburg, Pa
November 2000 to
present
Rebecca 1. Kuhn and
Howie Offinger
615 Bangor Junction Road
Banjor, Pa
:22.
Plaintiff is aware of no pending custody proceedings concerning the child in a
court of this Commonwealth.
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Plaintiff seeks shared legal and primary physical custody of said child.
24.
The best interest and pennanent welfare of the child will be served by granting the
relief requested,
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WHEREFORE, Petitioner requests the court to graot said custody of the child as
indica~ed above.
Respectfully submitted,
KREVSKY & ROSEN, PC
DATE:
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A1lo~ei for Plain:tiff
-riOl North Front Street
Harrisburg, Pa 17102
ill # 10625
(717) 234.4583
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SCOTT R. KUHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO,
REBECCA J. KUHN
Defendant
: CIVIL ACTION - IN DIVORCE
VERIFICATION
I. SCOTT R. KUHN. hereby verify that the information contained in the foregoing
Petition is true and correct to the best of my knowledge, information and belief. I also
understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 9 4904,
relating to unsworn falsitication to authorities.
DATE:
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SCOTT R. KUHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO.
REBECCA J. KUHN
Defendant
: CIVIL ACTION - IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this ~ day of February, 2001, I, Lawrence J. Rosen, Esquire, attorney
for Plaintiff, SCOTT R, KUHN. hereby certify that I have this day served a copy of the
Complaint in the above-captioned matter, by Sheriff on the following:
REBECCA J, KUHN
615 BANGOR JUNCTION ROAD
BANGOR,PA 18013
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L ence J. Rosen, Esquire
rlO/l North Front Street
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j Harrisburg, PA 17102
(717) 234-4583
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scorr R. KUHN,
Plaintiff
IN THE CXlUR'I' OF COMMON PLEAS OF
CUMBERLAND CCtlNTY, PENNSYLVANIA
vs.
NO. 01-1027 CIVIL TERM
CIVIL ACTION - LAW
REBECCA J. KUHN,
Defendant
CUSTODY
aIDER OF =
AND 000, this 30~ day of ~f~\.
consideration of the attached Custody CO il~ation
and directed as follows:
, 2001, upon
Report, it is ordered
1. The parties shall submit themselves, their Child, and any other
individuals deemed neces,sary by the evaluator to a ,custody evaluation to be
performed by a professional Selected by agreement of the parties. The
purpose of the evaluation shall be to obf.ain independent professional
recommendations concerning' ongoing custody arrangements which will best
serve the interests of the Child. The parties Shall equally share all
costs of the evaluation. The, parties shall' sign all authorizations deemed
necessary by the evaluator in order to obtain additional inforrration
pertaining to either the parties or the Child.
2. The Father, Scott R. Kuhn, and the Mother, Rebecca J. Kuhn, shall
have shared legal custody of Nova C. Kuhn, born May 2, 1997. Each parent
shall have an equal right, to be exercised jointly with the other parent,
to make all rrajor non-ernergency decisions ,affecting the Child I S general
well-being including, but not limited to, all decisions regarding her
health, education and religion.
3. Pending completion of the custody evaluation and further Order of
Court or agreement of the parties, the Mother shall have primary physical
custody of the Child and the Father shall have partial custody on
alternating weekends. In the event the. Father is able to make an
adjustment to his employment schedule, the periods of weekend custody shall
run fran Friday at 10:00 a.m. through Monday at 12:00 noon. In the event
the Father is not able to nake an adjustment to his employment schedule,
the alternating weekend period of custody shall run from Friday at 10:00
a.m. through Sunday at 4:30 p.m. Unless otherwise agreed between the
parties I the party receiving custody shall be responsible to provide
transportation for the exchange of custody. In the event 'the Mother is
unavailable to assume custody of the Child on Sunday at 4:30 p.m. I the
Mother shall be responsible to rrake alternative arrangements for the Child
during her peri0:3 of 1.Ulavailability.
4. Wi thin 60 days after receipt of the evaluator I s custody
EXHIBIT "G"
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recommendations, in the event the parties are not at that time able to
reach an agreement as to all outstanding custody issues, counsel for either
party may contact the Conciliator to schedule an additional OJstody
Conciliation Conference.
BY THE CXXJRT,
/:5/ tJJIWlhJ f. QfL;)", J.
cc: Lawrence J. Rosen, Esquire - Counsel for Father
Mark C. Duffie, Esquire - Counsel for Mother
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SCOI'T R. KUHN,
Plaintiff
IN THE COURT OF OOMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
VS.
: NO. 01-1027 CIVIL TERM
CIVIL AcrION - LAW
REBECCA J. KUHN,
Defendant
CUSTODY
PRIeR JUDGE: J. Wesley 01er, Jr.
CUSTODY CCtlC.ILIATIOO SUMIIARY REE'CllT
IN ACO:ImANCE WITH CllMBERLl\ND CXXlNTY ROLE, OF = PBOCEIlIJRE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DNrE OF B:rR:tH
CURREN'rI.y D1 COS'l'OOY OE"
Nova C. Kuhn
May 2, 1997
Mother
2. A Conciliation Conference was held on March 21, 2001, with the
following individuals in attendance: The Father, Scott R. Kuhn, with his
counsel, Lawrence J. Rosen, Esquire, and the Mother, Rebecca J. Kuhn, with
her counsel, Mark C. Duffie, Esquire.
3. 111e parties agreed to entry of an Order in the form as attached.
,lI(JA reA- .[;J.p, ,;JOnl
Date
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Dawn S. Sunday, EsqUJ.re
Custody Conciliator
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In the Court of Common Pleas of NORTHAMPrON
DOMESTIC RELATIONS SECTION
~' 0\, n=C;Y\:v1i
County, P l..<;\ni~i i [-:. "I (
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REBECCA J. KUHN ) Order Number 000801
Plaintiff )
vs. ) P ACSES Case Number 806100006
SCOTTY R. KUHN ) Docket Number DR-OOOOSOl
Defendant ) Other St,ate ID Number
ORDER OF COURT
~a1' 0 Interim 0 Modified
AND NOW,
16TH DAY OF MARCH, 2001
,based upon the Court's
determination that the Payee's monthly net income is $ 0,00
and the Payor's
monthly net income is $ 2,S97.96
, it is hereby ordered that the Payor pay to the
Pennsylvania State Collection and Disbursement Unit
SEVEN HUNDRED EIGHTY-FOUR DOLLARS AND 00/100
Dollars ($ 784.00
) a month payable
MONTHLY
as follows: first payment doe
tTPON RECEIPT OF COURT ORDER
The effective date of the order is 12/13/00 ,
Arrears set at $ 322.00
as of MARCH 16, 2001
are due in full
IMMEDIATELY, All terms of this Order are subject to collection and/or enforcement by
contempt proceedings, credit bureau reporting, tax. refund offset certification. and the freeze
and seize of financial assets. These enforcement/collection mechanisms will not be initiated as
long as obligor does not owe overdue support, FaIlure to make each payment on time and in
full will cause all arrears to become subject to immediate collection by all the means listed
above.
For the Support of:
Name
NOVA C. KUHN
Birth Date
05/02/97
Service Type M
EXHIBIT IIH"
Form OE~519
WorkerID 48155
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KUHN
v. KUHN
PACSES Case Number: 806100006
The defendant owes a total of $ 7S4 .00
per month payable
MONTHLY
$653.00
for current support and $ 131.00
for arrears. The defendant must
'-'3.lso pay fees/costs as indicated below.
Said money to be turned over by the Pa SeDU to:
PROPER BENEFICIARY . Payments must be made by check or
money order. All checks and money orders must be made payable to Pa SeDU and mailed to:
Pa SCDU
P.O. Box 69110
Harrisburg, Pa 17106-9110
Payments must include the defendant's PACSES Member Number or Social Security Number
in order to be processed. Do not send cash by mail.
Uureimbursed medical expenses that exceed $250,00 annually per child and/or spouse
are to be paid as follows: 100 % by defendant and 0 % by plaintiff. The plaintiff is
responsible to pay the [",$250.00 annrly (per child and/or spouse) in uureimbursed
medical expenses. 0"DefendantQ'PiaIntiff 0 Neither party to provide medical insurance
coverage. Within thirty (30) days after the entry of this order, the OPlaintiff
o Defeodanr shall submit to the person having custody of the child(ren) written proof that
medical insurance coverage has been obtained or that application, for coverage has been made.
Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage
provider(s); 2) any applicahle identification numbers; 3) any cards evidencing coverage;
4) the address to which claims should be made; 5) a description of any restrictions on usage,
such as prior approval for hospital admissions, and the manner of obtaining approval;
6) a copy of the benefit bookler or coverage contract; 7) a description of all deductibles and
co-payments; and 8) five copies of any claim forms.
Page 2 of4
Form OE-S 19
WorkerID 48155
Service Type M
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KOllN
Other Conditions:
V. KOllN
PACSES Case Number: 806100006
DEFENDANT'S LIABILITY FOR SUPPORT OF SPOUSE IS DEFERRED PENDING FURTHER
DISPOSITION OF THIS COURT.
RECORD INDICATING THAT THE DEFENDANT PAID PLAINTIFF'S RENT FOR 3 MONTHS AT
~..,...~$765.00. ARREARS.AR.E CREDITED $2,295.00.
Defeodant shaH pay the foHowing fees:
E<tloJa!
$ 5.00
$0,00
$0.00
$0.00
$0.00
Fee Dellcrintion
for JUDICIAL COMPUTER. FEE
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Payment Fl"P.nl1l~ni';v
PaYll.b1eatSs.oo
Payableat$ 0.00
payableat$ 0.00
Payable at $ 0.00
Payablaat$ 0.00
perONE TIME
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IMPORTANT LEGAL NOTICE
PARTIES MUST WITIilN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND
THE OTHER PARTIES. IN WRTI1NG, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT
TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING,
BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF
PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY cmLD RECEIVING SUPPORT. A PARTY
WHO WIUFUlLY rAILS TO 1lEP0RT A MA:r:ERlAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN
CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED.
PENNSYLVANIA LAW PROVIDES TIIAr ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST
ONCE EVERY THREE (3) YEARS IF' SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF
YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE
FOLLOWING: CALL YOUR ATIORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY
(ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION.
A MANDATORY INCOME ATIACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN
ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT
OBLIGATION AND (1) THE COURT FINDS TIIAT THERE IS GOOD CAUSE NOT TO REQUlRE
IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITIEN AGREEMENT IS REACHED BETWEEN
THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT.
Page 3 of4
Form OE.5I9
WorkerID 48155
Service Type M
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K1JHN
V, KUHN
PACSES Case Number: 806100006
UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND
AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITIITE, BY
OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL
PROPERTY .
IT IS FURTHER ORDERED that, upon payor's failure to c"omply with this order, payor may be
arrested and brought before the Court for 'a Contempt hearing; payor's wages, salary,
commissions, and/or income may be attached in accordan~ with law; this Order will be
increased without further hearing by 0 % a month until all arrearages are paid in full. Payor
is responsible for court costs and fees.
Copies delivered to parties BY REGULAR MAIL
Date
Consented:
Plaintiff
Plaintiff's Attorney
Defendant
Defendant's Attomey
BY THE COURT:
f0fjj,e.~~
Original: Docketing
xc: defendant
Christopher Shipman, Esq.
p 1 ai nt i ff
DPW
LAB/as
rvlai led:
3/23/01
Page 4 of 4
Form OE-519
Worker ID 48155
Service Type M
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In the Court of Common Pleas of NORTBAMPrON County, Peonsylvania
DOMESTIC RELATIONS SECTION
~_ ~BECCA J. KUHN ) _ D~c!'et Number DR-00OOB01
plaintiff )
vs. ) PACSES Cas, Nwnber 806100006
SCO'I"I'Y R. KUHN )
D,fendant ) Other Stat, ID Nwnber
NOTICE OF RIGHT TO REQUEST A HEARING
The parties are hereby advised that they have until APRIL 2, 2001 to reqnest a
hearing de novo before the Court. File requests in person at:
DOMESTIC RELATIONS SECTION
NOR.'I'H1\MPTON CTY GOV'T C'l'R
669 WASHINGTON ST
EASTON PA 1B042-7481
or mail to: DOMESTIC RELATIONS SECTION
NORTHAMPTON CTY GOV'T C'TR
EiEi9 WASHINGTON ST
EASTON PA 18042-7481
Service Type M
Form OE-522
WorkerID 48409
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: NORTHAMPTON
03-3-03
RECOVERY OF REAL PROPERTY
HEARING NOTICE
PLAINTIFF: NAME ~n~ AOORESS
'DENNIS KEITH GROUP LTD. '1
BOX #387
SAYLORSBURG, PA 18353
L ~
VS.
Mall,OlsI.No.:
OJ Nama: HOIl,
TODD M. STROBE
Add",." 718 SOUTH MAIN STREET
P.O. BOX 186
BANGOR, PA
Telephone: (610) 588-3998 18013 -0186
DEFENDANT: NAME and ADOllESS
rKumr, SCOTT R., ET AL..
615 BANGOR JUNCTION ROAD
BANGOR, PA 18013
L
'1
REBECCA J. ZOTYNIA - K\JIlN
615 BANGOR JUNCTION ROAD
BANGOR, PA 18013
Docket No.: LT- 0000056 - 01
Date Filed: 3/20/01
~
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A landlord/tenant complaint has been filed against you for the recovery of possession of real property, and/or money
damages in the above captioned case. A hearing has been set in thIs matter for:
Date:
3/29/01
1:00 PM
Place: DISTRICT COURT 03.3. 03
718 SOUTH MAIN STREET
P.O. BOX 186
BANGOR, PA 18013.0186
Time:
NOTICE TO DEFENDANT
If you have a defense to thIs complaint, you may present it at the hearing.
If you have a claim against the plaintiff arising out of the occupancy of the premises, which is within the jurisdiction
of the district justice and which you intend to assert at the hearing, you must file it on a complaint form at this
office before the time set for the hearing.
IF YOU DO NOT APPEAR AT THE HEARING, A JUDGMENT FOR POSSESSION AND COSTS. AND FOR
DAMAGES ANO RENT IF CLAIMED, MAY NEVERTHELESS 8E ENTERED AGAINST YOU. A JUDGMENT
AGAINST YOU FOR POSSESSION MAY RESULT IN YOUR EVICTION FROM THE PREMISES.
If you are disabled and require assistance, please contact the Magisterial District office at the
address above.
DATE PRINTED:
3/20/01
EXHIBIT "I"
AOPC 3108-96
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COMMONWEALTH OF PENNSYLVANIA
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94343
lANIIJLUKU ANIIJ
TENANT COMPLAINT
PLAINTIFF:
EAME 'rim DJialtNtS KEITH GRO""t.l'P'
AN D Box: 13&1
,ADOREssSAYLORSBURG., PA 1-8353-
J
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.
DI$'lRIGT r.Olll1:r 03-3-<>3
TODD M.. 's'.mont
718 ~. MAIN STIlllET, ,PO DOX 186
'lJ,ANGOR:,?l.. 18013_0186
610-588-3998
DEFENQANT!S):
vs.
CLAIM NUMBER
DATE FILED:
LT 19
MARC~ 20,
LT- 56
2001
-01
soon R. lIIJ1;!!
D.1 NAME
AND 615 BANGOR JUNllTlOll ROAD
ADDRESiANGO!l, FA 18-013
NAME -UBECCA J ~ ZOTYNIA -KU'UN
AND 615 I!.\llCOR ,JUNCTION !lOAD
ADDRES~ANGOa, FA 18-01-3
t!8~&T!' a8STS
FILING COSTS
~,
30.35~
.
$
ID.$
DATE PAID
9~:88
10.00
3-20-01
D.2
TO THE DEFENDANT: THE ABOVE NAMED PLAINTIFF(Sl ASKS
JUDGMENT TOGETHER WITH COSTS AGAINST YOU FOR THE
POSSESSiON OF REAL PROPERTY AND FOR:
.-J
o
LAlI/lLOIID 1il!ll. PllSSESllIOlI OF SAID P!lElfiSES.
DAMAGES FOR INJURY TO THE REAL PROPERTY, TO WIT'
IN THE AMOUNT OF
o DAMAGES FOR THE UNJUST DETENTION OF THE REAL PROPERTY IN THE AMOUNT OF
!XX RENT REMAiNING DUE AND UNPAID ON FILING DATE IN THE AMOUNT OF
1ft AND ADDiTIONAL RENT REMAINING DUE AND UNPAID ON HEARING DATE
.
I 7,650.00
,
$
TOTAL
THE PLAINTIFF PURTHER AllEGES THAT,
1. THE LOCATION AND THE ADDRESS, IF ANY, OF THE REAL PROPERTY IS
615 llAllOOa JUNCTION l!:OAIJ, lWlGOR, FA 1801S
2, THE PLAINTIFF is THE LANDLORD OF THAT PROPERTY
J. HE LEASED OR RENTED THE PROPERTY TO YOU OR TO UNDER WHOM YOU CLAIM.
4, 0 NOTICE TO REMOVE WAS GIVEN IN ACCORDANCE WITH LAW, OR
Q.1f'J0 NOTICE IS REQUIRED UNDER THE TEAMS OF THE LEASE
5. c:rTHE TERM FOA WHICH THE PROPERTY WAS LEASED OR RENTED IS FULLY ENOED, OR
axA FORFEITURE HAS RESULTED BY REASON OF A BREACH OF THE CONDITIONS OF THE LEASE, TO WIT:
FtIlWRE to PAY lmNT
OR,
[ixAENT RESERVED AND DUE HAS, UPON DEMAND, REMAINED UNSATISFIED,
6. YOU RETAIN THE REAL PROPERTY AND REFUSE TO GIVE UP ITS POSSESSION,
Plamtlff'sAttorntly
DAVID J. LINllSTEDT, GElI. lWl. FOil TIlE D_16 Kl!'l:'tII. GU.
I hereby verify
that the facts set forth In th,s complaint are trlJe end correct to thO:! best of my knowledjlG"; mformatlon a Ii< pelle!: Th~tat~ment Is made f'
slJbJect to the peneltles of 18Pa CS ~4904relatlngtOlJnswornfal;lflcatlontoalJthorlt,e5.? . / ,/ ,_.7-~ ~'_ I
/1- <.< / (/' < (",.&:-Jk:-l~ I
( rlatureof Af lam)
,. Phone
I
Address
HEARING IS SCHEDULED BY THE DiSTRICT JUSTICE AS FOLLOWS:
LOCATION
DATE
TIME
7la SA.MAiN 6TIlEBT, llANOOR, PA
18013
MARCH 2~, 200t
1,00 PlI
IF YOU HAVE A DEFENSE to thiS complaint yolJ may pr~sgnt It at the ~earing. IF YOU HAVE. A CLAIM against tile Plalllliff ariSII19 out of the OCCIJIH"CY '"
the premises, wh,ch is with", the Distric, JlJstlce )lJrisdicllon and which y"" mteml to assert aT the h~aring, YOU MUST FiLE I, on a c,.,mplaln! form at thIS
"ffice BEFORE THE TIME set for the hp.dr,ng. IF YOU DO NOT APPEAR AT THE HEARING. a IlJdgmem f<:or pOSSlISS'"'' a"d COstS, dnd for dam~ges and renl
if claimed, may nevarthele,s be entered a9atn~t I'ou, A judgment ag",n,1 you lor >>">SlISS,,,n may result In your EVICTION from th", prem'MS.
AOPC 310,1.85
DHE\\lDAN1i"S {D.2l I\(;AIlf?O COPY
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SIGNATURE:
,
DATE: ~(; 11t.;1;f ~CitJl
PLEASE NOTE: REAL ROPERTY ~ruST BE LOCATED IN THIS ~~GISTERIAL DISTRICT.
j) ~lPlease cbecl<- *th secretary to verify location of pr~erty)
/A0y :;; Mif/~y/EV,/ g.r/V( rtr/frr ~c.t>77 ~, lr'uN'///'. An/,?
YOUR NAl-lE WE #,("~j /a!/7#@4'b'/.P' DEFENDANT'S NAl-JE A'F&CC..4 J: .:&TvAl/A --,,1'...-'#4
;' - /
ADDRESS 1f~XF 3~ /' ADDRESS tP/5 !}/!AI~A' iN.-t/r1;7;i:>n' ,tf7LJ
5/?;/,tP)';;..Pv#'AO /-?3:7.-? 3,4/f/,l"M ,?d /!t'/~
I t' /
TELEPHONE f??t:) 1''2 '/65'5
CHECK THE APPROPRIATE BOXES:
TO TilE DEFENDANT:, WE A~K JUDGMENT TOGETHER HITH COSTS AGAINST YOU FOR THE POSSESSION
OF REAL PROPERTY AND FOR:
() nAt~GES FOR INJURY TO THE REAL PROPERTY TO WIT
~
k)
-':!pTAL AMOUNT."OF D,AMA.~ES: $
, A" liP'"
MONTHLY RE~T /'1(>5' IN THE AMOUNT OF $
SECURITY BEING BEL 765, P f)
DAMAGES' FOR THE UNJUST DETENTION OF THE REAL PROPERTY
7~,J.~
J:.~& ffft)'
IN THE AMOUNT OF
$
$
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7" - <Pe:>
1'"",,0, ;q-
9<1
( )
RENT RENAINING DUE AND UNPAID IN THE AMOtJNT. OF
AND ADDITIONAL RENT REHAINING DUE AND UNPAID
ON HEARING DATE
$
THE PLAINTIFF FURTHER ALLEGES THAT: (Please complete appropriate information)
L 00 THE LOCATION AND THE ADDRESS OF THE REAL PROPE:RT~ IS
tl5 8A/f'hJ{ ,TtJt1/C'J;pAI t;t?&kt/P't?A' /' I}j /$0/3
2. k1 THE PLAINTIFF IS THE LANDLORD OF THAT PROPERTY
3. HE:LEASED OR RENTED THE PROPERTY TO YOU OR TO
4. () NOTICE TO REMOVE WAS GIVEN IN ACCORDANCE TO THE LAW, OR
~ NO NOTICE IS REQUIRED UNDER THE TERMS OF THE LEASE
5. () THE TERMS FOR WHICH THE PROPERTY WAS LEASED Olt RENTED IS FULLY ENDED OR
~
A FORFEITURE HAS RESULTED BY REASON OF A BREACH OF THE CONDITION OF THE
LEASE, TO WIT FA,(.i/JI'12 7lJ 1"11/ Jf'E/t/T'
RENT RESERVED AND DUE HAS, UPON Dfl-IAND. RENAl NED UNSATISFIED
6.
~
~ YOU RETAIN THE REAL PROPERTY AND REFUSE TO GIVE UP IT1S POSSESSION
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SCOTT R. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
REBECCA J. KUHN,
Defendant
NO. 01-1027 CIVIL TERM
ORDER OF COURT
AND NOW, this 17th day of December, 2001, upon consideration of
Defendant's Petition for Contempt, Plaintiffs Answer and New Matter to Defendant's
Petition for Contempt, and Defendant's Reply to Plaintiffs New Matter, a hearing is
scheduled for Thursday, February 14, 2002, at 1:30 p.m., in Courtroorn No, 1,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Lawrence 1. Rosen, Esq.
1101 N. Front Street
Harrisburg, PA 17102 . . C\ \
Attorney for Plaintiff fl ~f1jo..LU.o'l
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Mark C. Duffie, Esq, R ~
301 Market Street
P,O. Box 109
Lemoyne, PA 17043-0109
Attorney for Defendant
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SCOTT R. KUHN
PLAINTIFF
V.
REBECCA J. KUHN
DEFENDANT
IN TIIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-1027 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, June 11, 2001
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, July 03,2001 at 1:00 P.M
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 honrs prior to scheduled hearing.
FOR TIIE COURT,
By: Isl
Dawn S, Sunday_ Esq!t?
Custody Conciliator
The Court of Common Pleas of ClUUber1and County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE TIIIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
ClUUberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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SCOTT R. KUHN
Plaintiff
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REBECCA J. KUHN
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
; NO. 2001-1027 CNIL TERM
ORDER OF COURT
AND NOW, this 5TH day of JUNE, 2001, Plaintiffs Petition for Emergency
Custody is DENIED. This matter is referred to the conciliator for further proceedings.
Defendant is ordered to keep Plaintiff apprised of her address and telephone
number at all times. She is further ordered to make sure that the parties' child is never
alone with her nephew Christopher.
In all other respects our Order of Court dated March 30, 2001, shall remain in full
force and effect.
Lawrence 1. Rosen, Esquire
1101 North Front Street
Harrisburg, Pa, 17102
For the Petitioner
Mark C. Duffie, Esquire
301 Market Street
P,O, Box 109
Lemoyne, Pa. 17143-0109
For the Respondent
Edward E. Guido, J.
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SCOTT R. KUHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 01-1027 CIVIL TERM
:CIVIL ACTION - LAW
REBECCA J. KUHN,
Defendant
: CUSTODY
TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT:
,
PETITION FOR EMERGENCY CUSTODY
AND NOW, this Y day of June, 2001, comes Petitioner, Scott Kuhn, by and
through counsel, Lawrence J. Rosen, Esquire, and offers the following avennents in
support of the within Petition:
1. Petitioner is Scott Kuhn who resides at 708 Cocklin Street, Mechanicsburg,
Pennsylvania, 17055
2. Respondent is Rebecca Kuhn whose current residence is unknown.
3, The parties are married.
4. The parties are the parents of one child, Nova C. Kuhn (Date of Birth
5/2/97) .
5, Petitioner filed a Complaint in Divorce with a count for custody on
February 21, 2001.
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6, Pursuant to a custody conciliation held on March 21, 2001, an Order was
issued by Your Honorable Court providing that the parties participate in a
custody evaluation and that, pending the results of said evaluation, father
was to have shared legal custody and periods of partial physical custody
every other weekend. (See Exhibit A)
7, At the timy of said conciliation, Respondent was living in Bangor,
Pennsylvania.
8. Petitioner has exercised his period of physical custody, at Respondent's
request, from Saturday, June 2, 2001, until Tuesday, June 5, 2001.
9. On Sunday, June 3, 2001, Petitioner was informed by the minor child that
she and Respondent were moving to Connecticut and that their belongings
were in storage.
10. Petitioner then learned from the father of Respondent's other child that
Respondent had informed him that she had moved to Connecticut to live
with her brother-in-law and to take care of his son, Christopher, an eleven
year oldboy,
11. Petitioner is familiar with said children as they lived with the parties prior
to separation.
11, One of aforesaid children is a pre-adolescent boy who engaged in sexually
inappropriate behavior with the parties' child in the summer of 1999, More
specifically, said child was discovered removing Nova's clothing,
12. With the exception of the past several months, the child's primary
residence has been in Cumberland County, Pennsylvania.
13. At all times pertinent hereto, it has been Petitioner's position that it would
be in the child's best interest to live primarily with him,
14. Petitioner iSfearful for the safety of his daughter due to the past behavior
of Christopher with whom Respondent plans on living.
15. Respondent has been evicted from her home in Bangor, Pennsylvania,
16, It is believed and therefore averred that Respondent is homeless with the
exception of the proposed residence in Connecticut.
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17. Respondent has demonstrated her conternpt for this Court as well has
Petitioner's rights by making plans to move to Connecticut without regard
to her obligation to seek permission from this Court and by failing to so
inform Petitioner. .
18. The minor child will be endangered should Respondent continue to
exercise primary physical custody as she does not have an
appropriate/permanent residence and has demonstrated her contemptuous
attitude toward this Court and Petitioner's legitimate rights.
19. Petitioner continues to reside in the marital residence which was the minor
child's hom~ during most of the minor child's life.
WHEREFORE, Petitioner asks that Your Honorable Court award emergency
primary physical custody to Petitioner with such provisions for visitation for Respondent
as is deemed appropriate and which include appropriate protection for the parties' child.
Respectfully submitted:
KREVSKY & ROSEN, P,C.
By:
rence J, n, Esquire
11 1 No Front Street
Harrisburg, PA 17102
ID# 10625
(717) 234-4583
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SCOl'I' R. KOHN, : IN TIlE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COONTY, PENNSYLVANIA
:
vs. ' : NO. 01-1027 CIVIL TERM
: CIVIL ACrION - LAW
REBECCA J. KOHN, :
Defendent .
.
: CUSTODY
CEDER (F CXXlRT
AND lIDi, this .3Qf:h
consideration of the attached
and directed as follows:
day of fY\o rc. ~
Custody Conciliation
, 2001, upon
Report, it is ordered
1. The parties shall submit themselves, their Child, and any other
individuals deemed necessary by the evaluator to a custody evaluation to be
performed by ,a professional selected by agreement of the parties. The
purpose of the evaluation shall be to obtain independent professional
recommendations concerning ongoing custody arrangements which will best
serve the interests of the Child. The parties shall equally share all
costs of the evaluation. The parties shall sign all authorizations deemed
necessary by the evaluator in order to obtain additional information
pertaining to either the parties or the Child.
2. The Father, Scott R. Kuhn, and the Mother, Rebecca J. Kuhn, shall
have shared legal custody of Nova C. Kuhn, born May 2, 1997. Each parent
shall have an equal right, to be exercised jointly with the other parent,
to neke all mjor non-emergency decisions affecting the Child's general
well-being including, but not limited to, all decisions regarding her
health, education and religion.
3. Pending completion of the custody evaluation and further Order of
Court or agreement of the parties, the Mother shall have primary physical
custody of the Child and the Father shall have partial custody on
alternating weekends. In the event the Father is able to make an
adjustment to his employment schedule, the periods of weekend custody shall
run irem Friday at 10:00 a.m. through Monday at 12:00 noon. In the event
the Father is not able to make an adjustment to his employment schedule,
the alternating weekend period of custody shall run irem Friday at 10:00
a.m. through Sunday, at '4:30 p.m. unless otherwise agreed, between the
parties, the ,party receiving custody shall be responsible to' proviCie
transportation_for ,the ,exchange.. of custody~ In the event the Mot;herJs
unavailable' to, aSSume~cuStody_of the Child on Sunday at 4:30, p.m.,~the
MOther, shall'oe responsibleto'lnake, alternative arrangements for 'the Child
duri.n; her per~od_ofunavailability.
4. within 60 'days after receipt of the evaluator's custody
EXHIBIT A
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recc:mnendations, in the event the parties are not at that time able to
reach an agreement as to all outstanding custody issues, counsel for either
party my contact the Conciliator to schedule an additional Custody
Conciliation Conference.
BY THE COURT,
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cc: Lawrence J. Rosen, Esquire - Counsel for Father
Mark C. Duffie, Esquire - Counsel for Mother
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scarJ: R. KUHN,
Plaintiff
: IN THE CDORT OF c.u1MON PLEAS OF
: CUMBERLAND CCXlNTY, PENNSYLVANIA
:
vs.
: NO. 01-1027 CIVIL TERM
: CIVIL ACTION - LAW
REBECCA J. KUHN,
Defendant
:
:
: CUSTODY
PRICE JUDGE: J. Wesley aler, Jr.
CU.:>'.lOOY CXR::ILIATICN ~ REPCRr
IN Ac:cx:IlDANCE WITH COMBERLAND COUNTY ROLE OF crvn. PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is' as follows:
NAME
DATE OF aIRXH
CORREN.rLY IN l.U;''.l\JIJ! OF
Nova C. Kuhn
May 2, 1997
Mother
2. A Conciliation Conference was held on March 21, 2001, with the
following individuals in attendance: The Father, Scott R. Kuhn, with his
counsel, Lawrence J. Rosen, Esquire, and the Mother, Rebecca J. Kuhn, with
her counsel, Mark C. Duffie, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
( lI(laJL
Date
O~~r#v
Dawn S. Sunday, Esquire
Custody Conciliator
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SCOTT R. KUHN,
Plaintiff
: IN THE COURT OF: COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 01-1027 CIVIL TERM
: CIVIL ACTION - LAW
REBECCA J. KUHN, I
I
Defendant
: CUSTODY
VERIFICATION
, '
I, SCOTT R. KUQN, hereby verify that the information contained in the
foregoing Petition is true and correct to the best of our knowledge, information and
belief. I also understand that false statements made herein are subject to the penalties of
18 Pa. C.S. S 4904, relating to sworn falsification to authorities,
DATE:
to/s/o I
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SCOTT R. KUHN
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SCOTT R. KUHN,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 01-1027 CIVIL TERM
: CIVIL ACTION - LAW
REBECCA J. KUHN,
Defendant
: CUSTODY
CERTIFICATE OF SERVICE
AND NOW, this 7 day of September, 1999, I, Aimee L. Paukovits, for the Law Firm
of Krevsky & Rosen, P.C., attorneys for Petitioner SCOTT R. KUHN, hereby certify that I have
this day served a copy of the Petition via First Class V.S, Mail, on the following:
MARK C. DUFFIE, ESQUiRE
301 MARKET STREET
P.O. BOX 109
LEMOYNE, PA 17143-0109
CWwdij1)HtLcMi)
Aimee L. Paukovits
1101 North Front Street
Harrisburg, P A 17102
(717) 234-4583
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scorT R. KUHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
NO. 01-1027 CIVIL TERM
CIVIL ACTION - LAW
.
.
.
.
REBECCA J. KUHN,
Defendant
.
.
:
: CUSTODY
PRIOR.JUDGE: Edward E. Guido
CUSTODY CCI!lCILIATIClI/ SUMMARY REPORT
IN ACXXE>ANCE WITH COMBERIJ\ND COlJNTY RULE OF CIVIL PROCEIlURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRl!NTLY IN CUSTODY OF
Nova C. Kuhn
May 2, 1997
Mother
2. A Conciliation Conference was held on July 11, 2001, with the
following individuals in attendance: The Father, Scott R. Kuhn, with his
counsel, Lawrence J. Rosen, Esquire, and the Mother, Rebecca J. Kuhn, with
her counsel, Mark C. Duffie, Esquire.
3. This Court previously entered an Order in this matter on March 30,
2001 after a Conciliation Conference providing for the parties to obtain a
custody evaluation. Since that time, the Father lost his job, the parties
were not able to afford financially to initiate the custody evaluation, and
the Mother has indicated her intent to relocate to Connecticut. The Father
filed this Emergency Petition for Custody due to the Mother's impending
relocation. The parties were not able to reach an agreement at the
Conference and it will be necesary to schedule a Hearing on the relocation
issue.
4. pending the Hearing, the parties were able to reach an agreement
as to temporary custody arrangements, which are reflected in the proposed
Order.
5. The Conciliator recommends an Order in the form as attached
scheduling a Hearing in this matter on the relocation/primary custody issue
and providing for temporary custody arrangements. It is expected that the
Hearing with regard to custody of Nova will require approximately one full
day. It should be noted for the Court's scheduling purposes, however, that
the Mother has an older Child from a prior relationship and that custody
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matter has been proceeding under a different docket number with different
legal counsel. Counsel in this matter, Lawrence Rosen, Esquire and Mark
Duffie, Esquire indicated their intent to consolidate both custody matters
on the issue of relocation for Hearing. Therefore, with the consolidation,
the Hearing may require more than one day.
Date
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Dawn S. Sunday, Esquire
CUstody Conciliator
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SCOl'T R. KUllN,
Plaintiff
: IN THE CXJURT OF CXJMMON PLEAS OF
: CUMBERLAND CXJUNTY, PENNSYLVANIA
:
vs.
.
.
NO. 01-1027 CIVIL TERM
CIVIL ACTION - LAW
.
.
REBECCA J. KillIN,
Defendant
:
.
.
: CUSTODY
aIDER OF CXXlRT
AND IOIJ, this I ~ It day of ~ ...II
consideration of the attached CUstody COnc~liation
and directed as follows:
, 2001, upon
Report, it is ordered
1. A Hearing is scheduled in Court Room # I , of the
Cumberland County Court House, on the !~ day of ~~ ,
2001, at r:.1O o'clocJ<;' Cl:/ .m., at which time testimony will be taken.
For purposes of the Heanng, the Father, Scott R. Kuhn, shall be deemed to
be the moving party and shall proceed initially with testimony. Counsel
for the parties shall file with the Court and opposing counsel a Memorandum
setting forth each party's position on custody, a list of witnesses who are
expected to testify at the Hearing, and a summary of the anticipated
testimony of each witness. These Memoranda shall be filed at least ten
(10) days prior to the Hearing date.
2. Pending the Hearing, the Father shall have custody of the
Child for an eleven day period each month beginning on the second Thursday
of each month and ending on Sunday. The Father I s first period of custody
shall begin on August 9, 2001. The Mother shall have custody at all times
not otherwise specified for the Father.
BY THE CXJURT,
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cc: Lawrence J. Rosen, Esquire - Counsel for Father
Mark C. Duffie, Esquire - Counsel for Mother
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SCOTT R KUHN
708 COCKLIN ST
MECHANICSBURG PA 17055-0502023
To: Scot t R Kuhn
From: Erin Foster, Risk Control Division
Date: April 24, 2001
Subject: Account inquiry
Account No.: 4264 2982 0448 0241
The above account was closed because of fraudulent activity and a new account
was issued in your name, unless otherwise requested. You will not be liable
for any unauthorized transactions or any fraud-related finance charges or
fees. Your next monthly statement will reflect your new account number along
with a credit for the amount of the fraudulent activity.
Please complete, sign, and return the enclosed affidavit so that we can
attempt to recover some of the fraudulent losses from the merchant(s)
involved. A postpaid envelope is enclosed for your convenience, or you may fax
the affidavit to (302) 458-0155.
If you have questions regarding your credit report, please contact the
agencies below for information.
Trans Union
Consumer Relations - East
P.O. Box 1000
2 Baldwin Place
Chester, PA 19022
1-800-888-4213
Experian
P.O. Box 2002
Allen, TX 75013-0036
1-888-397-3742
Equifax
P.O. Box 740241
Atlanta, GA 30374-0241
1-800-685-1111
If you have any questions, please call 1-800-472-7970, Monday through Thursday
from 8 a.m. to 7 p.m., or Friday, 8 to 4 (Eastern time). If you prefer, you
may write to P.O. Box 15021, Wilmington, DE 19850-5021. Our knowledgeable
Account Managers are ready to assist you.
Enclosure
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EXHIBIT
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SUNTRUST. CI;.s<A.)
I ACCOUNT NU::;4 2982 0448 0241
PAYMENT DUE DATE NEW BALIWCE TOTAL
I 02/01/01 II $1.779,711
TiTAL MINIM~: ;~:~NT OIUE I ""'OUNT ENCLOSED
DETACH TOP PORTION IWD RETURN WITH PAYMENT
CARDHDLDER SINCE
1996
Moke oheck 111I111,1"1"1,1"1"11,,,1,1,11,,,,,,111,1,,,,11,1
payable to:
BANKCARD SERVICES
P.O. BOX 15019
WILMINGTON, DE 19886-5019
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Po BOX 502 .
MECHANICSBURG
For account Infonnation oaIl1-800-223-7046
Print change of address or new telephone number below
Address
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Home phone
Stat.
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Work phone
Zip
04
PA 17055-050202
CJosJn Date
TQfaJ Minimum Pa
00177971000015000004264298204480241
Due Pa
Due"""
02/01/01
Credits (OR)
$7.00,0,00
0,1/0,3/01
Posting
Date
CaS/UN Cf$dit Available
$5.220,29
.JANUARY 20,0,1 STATEMENT
Transactions
PURCHASES ANDAD.JUSTMENTS
12/16 12/15' 4466 VS
12/16 12/1'5 6676 VS
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BANGOR HAROWARE. INC SANGCR PA t;6cjC)/1'1 /
SUNCCO STOCKERTCWN PA 1\ l~ ~
ORDER: NO. 01~52663499V03YFOCOC29714 "\ /\~
UcO,P.IA, EASTON PA ('\. \
AME!FDEPT STOROC007054 BRODHEACSVILLPA /1'"
E'CI<ERC CRUG #59.0,2 ..... WINO GAP PA \
KMART' 00003949 WIND GAP PA
KMART 0000,3949 WIND GAP PA
E,!;~ERD DRUG #5902' WIND GAP PA
SUNOCO BANGCR PA
ORD1R"NO, 0185266C365V11YFOOCC21913
KMART 0,00,03949 WINO GAP PA
MR,Z'S FCOCMART164 SHD PEN ARGYL PA
ORQ,ER NC,G0610270164VS1Y400C021256
SUNOCO WINDGAP PA
ORDER NO, 01852662934VC3YF000049633
RITE AID CORP 1384 BANGOR PA
THREE BRCTHERS~lOV'ERAG BANGCR PA
12/16
12/18
12/18
12/19
12/19
12/19
12/19
1.2/15 ;
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12/16 .
12/17
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$15,00
Charges
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61.54
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HOW SHOULD",'yqU' USE'. THE ENCLOSEC (<!;lEeKS? FOR' 'SPECIAL PURCHASES. A WINTER
VACATION. HOME RENQVAHoNS. BIL,!, ,CO'IlS'06IDATIONS . . , THE USES ARE ENDLESS!
FOR UP-TC-THE-MINuTE ACCOUNT INFORMATION, VISIT WWW.IBSNETACCESS.COM
TAKE ADVANTAGE OF ALL THOSE POST~HOLIDAY BARGAINS. CALL 1-80,0-771-3575 TO
REQUEST A PIN CODE to USEyCUR CARO AT AN ATM FOR ADDITIONAL CASH.
SUMMARYOFTR~SAC"Q~S
TOTAL MINIMUM PAYMENT DUE
Previous Balance (-) Payments (+) Cash (+) Puranases and (+) P,er!(I(tRtflate , (tl Tri4nsactlon Fee (=) New Balance .'. $0.00
and Credits Advances Adjusbnents FINANCE CtfARGES FINANCE CHARGES Total' Past Due Amount. .,...............
'/"'P/-j Cu'rietrt~~Jl\'ment .................. $15.00
$0.00 $0.00 $.0.0.0 $1,779.71 $0.00 $0.00 $1,179.71 Total ~Inlmum Payment.
Due"......."........................... $15.00
FINANCE CHARGE SCHEDULE
Category
FOR YOUR SATISFACTION, EVERY HOUR, EVERY DAY
For Cuslomer,SJ1ijf. :and up'to the'minule ~Iomated informalipn including,
bal8l'!C9, available ~edit, pay,lJIE!Iits received, payments due"due,dale'8~ment
address informatiOn, dr.to teqiJ~t duplicate statements, calli ~An~? ~~7046.
For TOD (T~mun~tio;rDevice tor the Deaf) assistance,
"'11-800-346-3178,
Mail payments to: BANKCARD SERVrCES, P.O. BOX 15019, WILMINGTON, DE
19886-5019.
Billing rights are pr~erved only by written inquiry. Mail biUing inquiries, usilg
form on the,baek arid'other in~iries to:
GANKCARO'SFRVlCF PO ROX 15026 WII MINGTON OF
19850'5026,
Periodic Rate
CorresPonding
Annual
Percentage Rate
'Balance
Sublectto
Finance Charge
Cash Advances
A. BALANCE TRANSFERS. CHECKS.C,021890% DLY
S. ATM. BANK,,,,,,,,,,,,,,,, ,0,.046547% DLY
C. PURCHASES'.'.'''''.... ,0.046547% DLY
7.99%"
16,99%
16.99%
$0,,00,
$0,00
$0,0,0
FOR THIS BIWNG PERIOD:
ANNUAL PERCENTAGE RATE................... SEE ABOVE
2808
4264 2982 0,448 0241
PLEASE SEE REVERSE SIDE FORIMPORTANT INFORMATION.
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PAGE 1 CF 3
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INFORMATIO!, ABOLT TUb ST"TElIIENT '
PAYMENTS
We credit payments as of the date received, if the payment is 1) received by
10 a.m. (Eastern Time), 2) received at the address shown in the upper
left~hand Gomer of the front of this statement, 3) paid with a check drawn in
U.S. dollal'S on a U.S. financial institution or a U.S. dollar money order, and 4)
sent in the enclos~d return envelope with only the top portion of this statement
accompanying it. Payments received after 10 a.m. on any day including the
Payment Due Date, but that otherwise meet the above requirements, will be
credited ,as of the next day. We will reject payments that are not drawn in U.S.
dollars and those drawn on a financial institution located outside of the United
States. Credit for, any other payments may be delayed up to five days. No
payment shall operate as an accord and satisfaction without the prior written
approval of a Senior Offic-ar of MBNA America.
BILLING RIGHTS SUMMARY
In Case of Errors or Questions About Your Bill
If you think your bill is wrong, or if you need more information about a transaction
on your bill, please write to us on a separate sheet of paper or use a copy of
the form provided below. We must receive your written inquiry at P.O. Box
15026, Wilmington, DE 19850, no later than 60 days after we sent you the first
bill on which the transaction or error appeared. You may telephone us, but doing
so does not preserve youl' billing rights. In your letter or on the form, give the
following Infonnatlon. your name and account number, the dollar amount of the"
suspected error, the posting date of the transaction In question, and an
explanation of why you believe there is an error (if you are using the form,
check the appropriate box). If you need more information, describe the item you
are unsure about. You do not have to pay any amount in question while we
are investigating, but you are obligated to pay the parts of your bil.1 that are not
in question. We cannot report you as delinquent or take any action to collect
the amount you question while we investigate your i~quiry.
If you have authorized us to pay your credit card bill automatically from your
savings or checking account with us, you can stop the payment on any amount
you think is wrong. To stop the payment your letter must reach US at least three
business days before the automatic payment is scheduled to occur.
Special Ruie for Credit Card Purchases
If you have a problem with the quality of goods or selvices that you purchas~d
with a credit card, and you have tried in good faith to correct the problem With
the merchant, you may not have to pay the remaining amount due on the
goods or services. You have this protection only when the purchase price was
more than $50 and the purchase was made in your home state or within. 100
miles of your mailing address. (If we own or operate the merchant, or If we
mailed you the advertisement for the property or services, all purchases are
covered regardless of amount or location of purchase).
IMPORTANT INFORlIlATION ABOUT THIS ACCOUNT ,
---------1
CUSTOMER STA l'El\IENT OF DISPUTED l'l'E \'] (You nW3t use a separate form fori each dispute Please print)
IF YOU BELIEVE A TRANSACTION ON YOUR STATEMENT IS AN ERROR, COMPLETE AND SIGN A COPY OF THIS FORM USING BLUE OR BLACK INK;
OR WRITE A DETAILED LETTER ON A SEPARATE SHEET OF PAPER AND THEN RETURN IT TO: Ip.o. BOX 15026, WILMINGTON, DE 19850, USA.I
PLEASE 1)0 NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT.
YOUR NAME: ACCOUNT NUMBER:
TRANSACTION DATE:. POSTING DATE: REFERENCE NUMBER:
TRANSACTION DESCRIPTION:
D 7. I certify that the charge in question was a single transaction, but was posted
!wiceto mystatemenl. I did not authorize the second transaction.
Sale #1 $ Reference #
Sale #2 $ Reference #
D 8. I noliliedthe merchant on to cancel the preauthorized
order (reservation). Please note cancellation # and if available, enclose a
copy of your telephone bill showing date and time of cancellation. Reason for
cancellatJon:
GRACE PERIOD
If you pay this statement's entire New Balance Total by the Payment Due Date, Periodic
Rate Finance Charges will not be assessed on Category C or 0 transactions posted during
the next billing cycle. If the Previous Balance shown on this statement was paid in full by
its Payment Due Date and you pay this statement's entire New Balance Total by the
Payment Due Date shown on this statement, then the Category C or 0 portion(s) of this
statement's New Balance Total will not be assessed Periodic Rate Finance Charges during
the next billing cycle. There is no grace period for Category A or B Cash Advances.
COMPUTATION METHODS FOR BALANCES SUBJECT TO FINANCE CHARGES
Categories A and 8 - Average Cash Advance Balance (including new Cash Advances): We
calculate the Balance Subject to Finance Charge for each Cash Advance catejory using the,
following Average Cash Advance Balance method: Each day, of the current bi ling cycle, we
take the beginning Cash Advance balance, including accrued but unpaid Finance Charges,
add new Cash Advances, ancl subtract payments or credits. This gives us the daily Cash
Advance balance. If any daily balance is less than zero we will treat that balance as zero.
We add together the current billing cycle's daily Cash Advance balances. We then include,
for each day prior to the current billing cycle, balances on Cash Advances that had a
transaction date prior to the current billing cycle but which were posted to your account in
the current billing cycle. We divide this total by the number of days in the billing cycle. This
gives us the Average Cash Advance Balance (a Balance Subject to Finance Charge).
Categories C and 0 . Average Daily Balance (including new Purchases): We calculate the
Balance Subject to Finance Charge for each of these categories using the following Average
Daily Balance method: Each day, we take the beginning balance, including accrued but
unpaid Finance Charges, add new transactions and new Account Fees, and subtract
payments or credits. This gives us the daily balance. We do not add the costs for the MBNA
Credit Protection plan or for credit insurance purchased through MBNA in the beginning
balance until the first day of tile billing cycle after the billing cycle in which they are billed.
We do not add new transactions, new Account Fees, or new Cash Equivalent Transaction
Please tell us below why you think the item noted above Is an error. ICheck only one box.l
D 1. The amount o'{ the charge was increased from $ _ to
$ or my sales slip was added incorrectly. Enclosed is
my copy of the sales draft that shows the correct amount.
D 2. I certify that the charge listed above was no! made by me or a person
authorized by me to use my card, nor were the goods or services
represented by the transaction received by me or a person authorized by
me. (If you do not recognize a sale, choose this option.)
D 3. J have not received the merchandise that was to be shipped to me on
(date). I have asked the merchant to credit my account.
o 4. The attached credit slip was listed as a charge on my statement.
D 5. I was issued a credit slip that was not shown on my statement. A copy of my
credit slip is enclosed.
D 6. Although I did engage in the above transaction, I dispute the entire charge
or a portion in the amount of L-_~. I have contacted the merchant
and requested a credit adjustment. i either did not receive this credit or it was
unsatisfactory. I am disputing this charge because
Fees if the Previous Balance shown on this statement was paid in full by its Payment Due
Date. If any daily balance is less than zero we will treat that balance as zero. We add the
daily balances for the billing cycle together and divide the total by the number of days in the
billing cycle. This gives us the Average Daily Balance (a Balance Subject to Finance Charge).
TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine
the Periodic Rale Finance Charge tor each calegory, we multiply Ihe Balance Subjecllo
, Finance Charge by its applicable Daily Periodic Rate and that result by the number of days
in the billing cycle. To determine the total Periodic Rate Finance Charge for the billing cycle,
we add the Periodic Rate Finance Charges for each category together. Each Daily Periodic
Rate is calculated by dividing, its corresponding Annual Percentage Rate by 365.
IF YOUR ANNUAL FEE IS BILLED ON THIS STATEMENT
We will credit your account for the Annual Fee billed on this statement if you close your
accounl by calling us aI1.800,432,2552 (open 24 hours a day) wihin 30 days ot the mailing
of this statement. You may continue to use your account during this period; however, if you
use or maintain a balance on your account thereafter, you will have to pay an Annual Fee.
You must pay the New Balance Total in full by its Payment Due Date for each statement
that you may receive after you close this account.
MISCELLANEOUS
For the compiete terms and conditions of your account, consult your Credit Card Agreement.
MBNA America Bank, NA is the exclusive issuer and administrator of this and other
Platinum Plus credit card programs.
Individual BankCard services is a tradename of M8NA America Bank, N.A.
This account is issued and administered by MBNA America Bank, N.A.
AMOUNT: $
D
9. Although J did engage in a transaction with the merchant, I was billed for~
transaction{s) totaling $ thatididnotengagein,nordidanyone
else authorized to use my card. I do have all my cards in my possession.
Enclosed is a copy 01 my sales Slip lor the valid charge.
10. Merchandise that was shipped to me has arrived'damaged ancl/or defectlve.
I returned it on (date) and asked the merchant to credit my account.
11. I have retumed merchandise on because
D
D
(If box 10 or 11 was checked, please provide date merchandise was returned
and a copy of the return receipt.)
D 12. Other: Please explain.
Please check only one box, do not alter wording on this lorm, and pr ovlde copies 01 all documentatlon thai will help us Investigale your disp ute. (i.e. contracts, invoices, delailed Jetler, sates draftj
I Signature (required):_ Date:
Telephone #s:
Home: Work:
-~~
"'.J!= . ,~~,~ _'"
...
~."."___ W~.
PLEASE KEEP A COPY OF BOTH SIDES OF THIS STATEMENT FOR YOUR RECORDS
690.214 (REV. 8100)
~
~". ~
SUNThUST
:,:,."':" Imlll.IIII.,I.I, .1, .11. ,,1.1.11,"".111.1.,. .11,1
BANKCARD SERVICES
P.O. BOX 15019
WILMINGTON, DE 19886-5019
CARDHDLDER SINCE
1996
"......I~.J.....~' , ..', I ~iIotiiii~ '
Iii "_"~_~I.i; .1",
. ~ w_-'~wi
ACCOUNT NUMBER
I 4264298204480241
PAYMENT DUE DATE NEW B/>UNCE TOTAL
I 02/01/01 I I $1.779,71 I
TiTAL MINIM~: ;A:~NT lE ,""'OUNT ENCLOSED
DETACH TOP PORTION ,IWD RETURN WITH PAYMENT
=
-
-
-
-
-
s P
For account information call 1 ~800.223-7046
Print change of address or new telephone number below
SCOTT R KUHN
PO BOX 502
MECHANICSBURG
PA
17055-050202
Address
City
I )
Home phone
state
I )
Work phone
Zip
04
00177971000015000004264298204480241
nI Que Pa
Cash or Credit AvalJabfe
$7,000,00
Posting
Date
PURCHASES AND ADJUSTMENTS
12/22 12/16 5217 VS C
12/22 12/21 0181 VS C
12/22 12/21 7924 VS C
12/23 12/21 2251 VS C
12/23 12/22 4642 VS C
12/26 12/21 0738 VS C
12/26 12/22 8334 VS C
12/26 12/22 0211 VS C
12/26 12/22 0062 VS C
12/26 12/23. 8103 VS C
12/26 12/24 7164 VS C
12/26 12/24 4225 VS C
12/27 12/23 2630 VS C
I IMPORTANT
NEWS
Transactions
~ANUARY 2001 STATEMENT
Cfosl DaIB
Tots' MInImum
Due Oelo
01/03/01
$15,00
02/01/01
Credits (CA)
Charges
HONG KONG CHINESE FOOO WIND GAP PA 28.20
SUNOCO WINDGAP .PA 36.21
ORDER NO. 01852662934V03YFOOOD49986
CO/JiMONWEALTH TELEPHONE DALLAS PA 74,64
ORDER NO. 03320880001V02Y7000009832
HOME DEPOT #4127 STROUDSBURG PA 127,88
DOLLAR STOP WIND GAP PA 7.18
ORD5R NO, 01273010001V03Y1009480241
THE BEER STEIN WIND GAP PA 29,16
CVS #1901 BANGOR PA 7.62
GIANT FOOD #093 SI8 WINO GAP PA 15,95
AMES DEPT STOROOO07054 SRODHEAOSVILLPA 19.0.26
KMART 00003949. WIND GAP PA 267.24
SUNOCO CAMP HILL PA 24,64
ORDER NO. 01852663284V03YFOOO073232
TURKEY HILL #223 PEN ARGYL PA 34.64
ORDER NO, 00047740223V03Y7000583625
GIANT FOOD #093 SI8 WIND GAP PA 43.25
SUMMARY OF TRANSACTIONS
TOTAL MINIMUM PIINMENT DUE
Previous Balance (.J Payments (+) Cash (+) Purchases and (+1 Periodic Rate (+) Ttansactlon Fee (=) New Balance Past Due, Amount .".............. $0.00
and Credits Advances Adjusbnents FINANCE CHARGES FINANCE CHARGES Total
Current Payment .................. $15.00
$0.00 $0.00 $0.00 $1,779.71 $0.00 $0.00 $1,779.71 Total Minimum Payment
Due....................".,.............. $15.00
FOR YOUR SATISFACTION, EVERY HOUR, EVERY DAY
For Cuslomer SatisfaCtion and'up to lhe,riIinute aulomaled information including,
balance, available a-edil, payments received, payments due, due dale, p~ment
address informatioo, or 10 requesl dupijcate slalements, calI1-800.223-704fl.
For TOO (Telecommunication Qevice,for the Deaf) assistance,
,w'1-800-346-3178-
Mail payments to: BANKCARD SERVICES,'P'.O. BOX 15019, WILMINGTON, DE
19886-5019 .
BiDing rights are preserved only by wrilten inquiry. Mail bilnng inquiries, using
form 00 the back and,other inquiries 10:
BANKCARD 'SERVICES, POBOX 15026 WILMINGTOtrU1E
19R50-50?6,
2 000 001
4264 2982 0448 0241
RNANCECHARGESCHEDULE
Calegory
Cash Advances
A. SALANCE TRANSFERS, CHECKS,O.021890% DLY
B, ATM. BANK.,.......,..",. .0.046548% OLY
C, PURCHASES''''''''' ,0,046548% OLY
Corresponding
Annual
Percentage Rate
Balance
Subject to
FInance Charge
Periodic Rate
7.99%
16.99%
16.99%
$0.00
$0,00
$0,00
FOR THIS BILUNG PERIOD:
ANNUAL PERCENTAGE RATE................... SEE ABOVE
PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION.
r
- ,",. .0~r
PAGE 2 OF 3
"
ON ABOUT THIS STATEMENT
Im:O:BM,ltl
PAYMENTS
"N% ~l'<!:d\t ?ayments. as c~ the date received, if the payment is 1) received by
10 a.m. (Eastern Time), 2) received at the_address shown in the upper
left-hand corner cf the front of this statement, 3) paid with a check drawn in
U.S~dollars on a U.S. financial institution or a U.S. dollar money order, and 4)
senUn. tbe enclosed return envelope with only the lop portion _of this statement
accompanying it Payments received after 10 a.m. on any day includin~ the
Payment Due Date, but that olhelWise meet the above requirements, will be
credited as of the next day. We will reject payments that are not drawn in U.S.
dollars and those drawn on a financial institution localed outside of the United
States. Credit for any other payments may be delayed up to five days. No
payment shall ow~rate as an accord and satisfaction without the prior written
approval of a Senior Officer of MBNA America.
BILLING RIGHTS SUMMARY
In Case of Errors or Questions About Your Bill
If you think your bill is wrong, or if you need more information about a transaction
on your bill, please write to us on a separate sheet of paper or use a copy of
the fonn providecl below. We must receive your written inquiry at P.O. Box
15026, Wilmington, DE 19850, no later th.an 60 days after we sent you the firet
bill on which the transaction or error appeared. You may telephone us, but doing
so does not preserve your billing rights. In your letter or on the form, give the
~
GRACE PERIOll
If you pay this statement's entire New Balance Total by the Payment Due Date, Periodic
Rate Finance Charges wlll not be assessed on Category C or 0 transactions posted during
the next billing cycle. If the Previous Balance shown on this statement was paid in lull by
its Payment Due Date and you pay this statement's entire New Balance Total by the
Payment Due Date :shown on this statement, then the Category C or D portlon(s) of this
slatemenfs New Balance Total will not be assessed Periodic Rate Finance Charges during
the next billing cycle. There is no grace period for Category A or B Cash Advances.
COMPUTATION METHODS FOR BALANCES SUBJECT TO FINANCE CHARGES
following information: your name and account number, the dollar amount of the.
suspected error, the posting date of the transaction in question, and an ~.
explanation of why you beHeve there is an error (if you are using the form,
check the appropriate box). If you need moreJnformation, describe the item you
are unsure about. You do not have to pay any amount in question while we ~
are investigating, but you are obligated to pay the parts of your bill that are not
in question. We cannot report you as delinquent or take any action to collect
the amount you question while we investig~te your inquiry.
If you have authorized us to pay your credit card bill automatically from your
savings or-checking account with us, you can stop the payment on any amount
you think is wrong. To stop the payment your letter must reach us at least three
business days before the automatic payment is scheduled to occur.
Special Rule for Credit Card Purchases
If you have a problem with the quality of goods or services that you purchased
with a credit card, and you have tried in gQod_ faith to correct the problem with
the merchant, you may not have to pay the remaining amount due on Ihe
goods or services. You have this protection only when the purchase price was
more than $50 and the purchase was made_ in your home stale or within 100
miles of your mailing address. (If we own or operate the merchant, or if we
mailed you the advertisement for the property or services, all purchases are
covered regardless of amount or location of purchase).
INFORMATION ABOUT THIS AcCOUNT
Categories A and B - Average Cash Advance Balance (including new Cash Advances): We
calculate the Balance _Subject to Finance Charge for each Cash Advance category using the
following Average Cash Advance Balance method: Each day, of the_current billing cycle, we
take the beginning Cash Advance balance, including accrued but unpaid Finance Charges,
add new Cash Advances, and subtract payments or credits. This gives us the daily Cash
Advanc_e balance. If any daily balance is less than zero we will treat that balance as zero.
We add together the current billing cycle's daily Cash Advance balances. We then include,
for each day prior to the current billing cycle, balances on Cash Advances that had a
transaction date prior to the current biiling cycle but which were posted to your account in
the current billing cycle. We divide this total by the number of days in the billing cycle. This
gives us the Average Cash Advance Balance (a Balance Subject to Finance Charge).
Categories C and [I. Average Daily Balance (including new Purchases): We calculate the
Balance Subject to Finance Charge for each of these categories using the following Average
Daily Balance method: Each day, we take the beginning balance, including accrued but
unpaid Finance Charges, add new transactions and new Account Fees, and subtract
payments or credits. This gives us the daily balance. We do not add the costs for the MBNA
Credit Protection plan or for credit insurance purchased through MBNA in the beginning
balance until the first day of the billing cycle after the billing cycle in which they are bilied.
We do not add new transactions, new Aceo_unt Fees, or new Cash Equivalent Transaction
E!L'im
IF YOU BELIEVE A TRANSACTION ON YOUR- STATEMENT IS AN ERROR, COMI?LI;TE AND SIGN A COPY OF THIS FORM l,ISING BLUE OR BLACK INK,
OR WRITE A DETAILED LETIER ON A SEPARATE SHEET OF PAPER AND THEN RETURN IT TO: Ip.o. sox 15026, WilMINGTON, DE 19850, USA.I
PLEASE DO NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT.
YOUR NAME: ACCOUNT NUMBER:
TRANSAcnON DATE: POSTING DATE: REFERENCE NUMBER:
TRANSACTION DESCRIPTION:
o 7_ I certify that the charge in question Was a single transaction, but was posted
twice to my statement I did net authorize the second transaction.
Sale #1 $ Reference_#
8ale#2$ Refere~Jf
o 8. I notified the merchant on to cancel the preauthorized
order (reservation). Please note cancellation /I and if available, enclose a
copy of your telephone bill showing date and time of canceilation. Reason for
cancellation:
Fees if the Previous Balance shown on this statelMlit was paid in full by its Payment Due
Date. If any daily balance is less than zero we wU! treat that balance as zero. We add the
daily balances for the billing cycle together and divide the total by the number of days in the
billing cycle. This gives us the Average Daily Balance (a Balance Subject to Finance Charge).
TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine
the Periodic Rate Finance Charge for each category, we multiply the Balance Subject to
Finance Charge by its applicable Daily Periodic Rate and that result by the number 01 days
in the billing cycle. To determine the total Periodic Rate Finance Charge for the billing cycle,
we add the Periodic Rate Finance Charges for each category together. Each Daffy Periodic
Rate is calculated by dividing ~s corresponding Annual Percentage Rate by 365.
IF YOUR ANNUAL FEE IS BILLED ON THIS STATEMENT
We will credit your account for -'be Annual Fee bjlled on this statement if you close your
account by calling us at 1-800-432-2552 (open 24 hours a day) within 30 days of the mailing
of this statement You may continue to use your account during this period; however, if you
use or maintain a balance on your aceount thereafter, you will have to pay an Annual Fee.
You must pay the New Balance Total in luWby its Payment Due Date for each statement
that you may receive after you close this account_
MISCELLANEOUS
For the complete terms and conditions of your acc~unt, consult your Credit Card Agreement.
MBNA America Bank, N.A. is the exclusive isso_eJ_ and administrator of this and other
Platinum Plus credit card programs.
Individual BankCard services Is a tradename of MBlJb America Bank, N.A.
This_ account is issued gnd aamiffisterea Oy MeN~j11erica BankL N..o..
STATEMENT OF DISPUTED ITEM (You must use a separate form for each dispute. Please print.)
Please tell us below why you think the item noted above is an error. ICheck onlv one box.1
o 1. The amount of the charge was increased from $ to
$ or my sales slip was added incorrectly. Enclosed is
my copy of the sales draft that shows the correct amount.
D 2. I certify that the charge listed above waS not made by me or a person
authorized by me to use my card, nor were the goods or servlce$
represented by the transaction received by me or a person authorized by
me. {If you do not recognize a sale, choose this option.}
o 3. I have n:)t received the merchandise that was to be shipped to me on
{date}. I have asked the merchant to credit my account.
D 4. The attached credit slip was listed as a charge on my statement.
o 5. I was issued a credit slip that was not shown on my statement. A copy of my
credit slip is enclosed. -
o 6. Although I did engage in the above transaction, 1 dispute the entire charge
or a portion in the amount of !l: _ I have contacted the merchant
and requested a credit adjustment I either did not receive this credit or it was
unsatisfactory. I am disputing this charge because
AMOUNT: $
D
9. Although I did engage in a transaction with the merchant, I was billed for_
transaction(s) totaling $ -that I did not engage in, nor did anyone
else authorized to use my card. [ do have all my cards in my possession.
Enclosed is a copy of my sales slip for the valid charge.
10. Merchandise that was- shipped to me--nas arrived damaged and{or defective.
I retumed it on (date) and asKE!d lhe merchant to credit my account.
11. I have returned merchandise on because
D
o
D
<'f box 10 or 11 was checked, please pravide date merchandise was returned
and a copy of the retl!rn receipt.) -
12. Other: Please explain.
Please checK only o~e box, do not alter wording on this form, and llrovlde copies of all documentation that will help us Investigate your dispute. (1.(1. contracts. Invoices, detailed letter, sales draft)
J SIgnature (requlredJ): Date:
Telephone#s: ------------------ ------
Home: Work:
PlEASEKEEPACOPYOF-U071lSIDESOFTHlSSTATEIIENTFORYOURRECORDS
89Q.214{REV.SIOO\
" ~
~." . .'.'
l~ . " i
-.
~~".~I...,"""
SUNTRUST
=";"1,,,111.1,.1.,1.1,,1,,11.,,1,1,11.,,,,.111.1.,..11.1
BANKCARD SERVICES
P.O. BOX 15019
WILMINGTON, DE 19886-5019
CARDHDLDER SINCE
1996
; .~~,..;I
>~I
'i
,~ ,,~
iiliMilliilii!M<'
I ACOOUNT NU::;4 2982 0448 0241
PAYMENT DUE DATE NEW BJJLANCE TOTAL
I 02/01/01 II $1.779,71 I
'ITAL MINIM~: ;~:~NT lE I ""'OUNT ENCLOSED
DETACH TOP PORTION NJD RETURN WITH PAYMENT
-
..........
-
-
-
-
S P
For account information call1-80Q-223-7046
Print change of address or new telephone numbet below
SCOTT R KUHN
PO BOX 502
MECHANICSBURG
PA
17055-050202
Address
COy state Zip
( ) ( I 04 00177971000015000004264298204480241
Home phone Work phone
Cash or Cl8dit Available ClosIng Date Total.Mlnlmum Fa Qua Po Qua a...
$7.000,00 01/03/01 $15,00 02/01/01
Posting Transactions .JANUARY 2001 STATEMENT Charges Credits (CR)
Date
PURCHASES AND AD.JUSTMENTS
12/27 12/25 0935 VS C SUNOCO CAMP HILL PA 13,04
OROER NO. 01852663284V03YFOOO073451
12/27 12/26 2121 VS C MR.Z'S FOODMART164 SHO PEN ARGYL PA 69,53
OROER NO. 00610270164VS1Y4000026356
12/28 12/27 9660 VS C THREE BROTHERS BEVERAG BANGOR PA 21.50
12/28 12/27 8666 VS C MR,Z'S FOODMART164 SHD PEN ARGYL PA 25.02
ORDER NO. 00610270164VS1Y4000029783
12/29 12/27 1933 VS C WAH 5HING RESTAURANT SANGOR PA 15.32
12/29 12/28 '8342 ' V5 C SUNOCO BANGOR PA 20.00
ORDER NO, 01852660365V11YFOOO023413
01/02 12/29 4430 VS C GIANT FOOD #093 SI8 WINO GAP PA 78.q8
01/03 01/01 0056 VS C UNI MARTS #4232 PLAINFJ'ELD PA 34.86
01/03 01/01 8699 VS C MR,Z'S FOODMART164 SHD PEN ARGYL PA 86.98
OROER NO, 00610270164VS1Y4000000088
TOTAL FOR BILLING CYCLEFRDM 12/03/2000 THROUGJ,l 01/03/.2001 $1.779.71 $0.00
IMPORTAI!lT
NEWS
SUMMARY OF TRANSACTIONS
TOTAL MINIMUM PAYMENT DUE
Previous Balance (-) Payments (+) Cash (+) Purchases and (+) Perlodlc.Rate (+1 Transaction Fee (=) New Balance Past Due Amount ................. $0.00
and Credits Advances Adjustments FINANCE CHARGES FINANCE CHARGES Total
CUrrent Payment .................. $15.00
$0.00 $0.00 $0.00 $1.779.71 $0.00 $0.00 $1,779.71 Total Mh,lmum Payment
Due............,......................... $15.00
FOR YOUR SATISFACTION, EVERY HOUR, EVERY DAY
For Customer Satisfaction ~d,up t~',!,e, mihu,~e automated information induding,
balance, available credit, payments. recer-'ed,: payments due, due date payment
address information, or 10 requesl duplicate'stalements, call1-ROO-??3:'7046.
For TOO (f e1ecommunication Device for !he Deaij assislance,
'" 1-800.346-3178.
Mml payments 10: BANKCARD SERVICES, P.O. BOX 15019. WILMINGTON, DE
19886--5019.
Bming righls are preserved only by Wl"itlen inquiry. MailbUlinginquiries,using
form on the back and oIher inquiries 10:
BANKCARO'SFRVICES POBOX 150?6 WII MINGTON OF
1 QRSO-SO?6. '
2 000 001
4264 2982 0448 0241 PAGE 3 OF 3
nNANCECHAIIGESCHEDULE
Category
Corresponding
Annual
Percentage Rate
Balance
SubJect to
Finance Charge
PeriodIc Rate
Cash Advances
A, SALANCE TRANSFERS. CHECKS ,0 ,021890% OLY
8, ATM. SANK.,.,.....".",. .0.046548% OLY
c. PURCHASES''''''...'' ,0,046548% OL Y
7.99%
16.99%
16.99%
$0,00
$0,00
$0,00
FOR THIS BILLING PERIOD:
ANNUAL PERCENTAGE RATE................... SEE ABOVE
PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION.
T
f':
ml)tl\~~"J,
ON ABOUT Tms STATEMENT
PAYMENTS
We credit payments as of the date received, if the payment is 1) received by
10 a.m. (Eastern Time), 2) received at the address shown in the upper
left.hand corner of the (rant of this statement, 3) paid with a check drawn in
U.S~dollars on a U.S. financial institution or a U.S. dollar money order, and 4)
sent in the enclosed return envelope with .only the top portion of this statement
accompanying it. Payments received after 10 a.m.. on any day including the
Payment Due Date, but that otherwise meet the above requirements, will be
credited as of the next day. We will reject payments that are not drawn in U.S.
dollars_and those drawn on a financial institution located outside of the_ United
States. Credit for any other payments may be delayed up to five days. No
payment shall opl3rate as an accord and satisfaction without the prior written
approval of a Senior Officer of MBNA America.
BILUNG RIGHTS SUMMARY
In Case of Errors or Questions Aboul Your Bill
If you .think your bill is wrong, or if you need more information about a transaction
on your bill, please write to us on a separate sheet of paper or use a copy of
the form provided below. We must receive your written inquiry at P.O. Box
15026, Wilmington, DE 19850, no later than 60 days after we sent you the first
bill on which the transaction or error appeared. You may telephone us, but doing
so does not preserve your billing rights. In your letter or on the form, give the
following information: your name and account number, the dollar amount of tne ~
suspected error, the posting date of the transaction in question, and an ...-
explanation of why you believe there is an error (if you are using the form,
check the appropriate box). ]f you need more information, describe the item you
are unsure about. You do not have to pay any amount in question while we
are Investigating, but you are obligated to pay the parts of your bill that are not
In question. We cannot report you as delinquent or take any action to collect
the amount you question while w~ investig~te ~our i~qu.iry. "
If you have authorized us- to pay your credtt card bill automatically from your
savings or checking account with us, you can stop the payment on any amount
you think Is wrong. To stop the payment your letter must reach us at least three
business days before the automatic payment is scheduled to occur.
Special Rule for Credit Card Purchases
If you have a problem with the quality of goods or services that you purchased
WIth a credit card, and you have tried in good faith to correct the problem WIth
the merchant, you may not have to pay the remaining amount due on the
goods or selVices. You have this protection only when the purchase price was
more than $50 and the purchase was made in your home state or within 100
miles of your mailing address. (If we own or operate the merchant, or if we
mailed you the advertisement for the property or selVices, all purchases are
covered regardless of amount or location of purchase).
,
---------~~~~~-------------------------------------------------------------- -~--~-~--~---~---------------
GRACE PERIOll
If you pay this statement's entire New Balance Total by the Payment Due Date, Periodic
Rate Finance Charges will not be assessed on Category C or 0 transactions posted during
the next billing cycle. If the Previous Balance shown on this statement was paid in full by
its Payment Due Date and you pay this statement's entire New Balance Total by the
Payment Due Date .3hown on this statement, then the Category C or D porlion(s) of this
statement's New Balance Total will not be assessed Periodic Rate Finance Charges during
the next billing cycle. There is no grace period for Category A or B Cash Advances.
INFORMATION ABOUT Tms ACCOUNT
COMPUTATION METHODS FOR BALANCES SUBJECT TO RNANCE CHARGES
Categories A and B . Average Cash Advance Balance (including new Cash Advances): We
calculate the Balance Subject to Rnanee Charge for each Cash Advance category usmg the
following Average Cash Advance Balance method: Each day, of the current bllling cycle, we
take the beginning Cash Advance balance, including accrued but unpaid Finance Charges,
add new Cash Advances, and subtract payments or credits. This gives us the dally Cash
Advance balance. If any daily balance is less than zero we will treat that balance as zero.
We add together the current billing cycle's daily Cash Advance balances. We then Include,
lor each day prior to the current billing cycle, balances on Cash Advances that had a
transaction date prior to the current billing cycle but which were posted to your account in
the current billing cycle. We divide this total by the number of days in the billing cycle. This
gives us the Average Cash Advance Balance (a Balance Subject to Finance Charge).
Categories C and [I - Average Daily Balance (including new Purchases): We calculate the
Balance Subject to Finance Charge for each of these categories using the following Average
Daity Balance method: Each day, we take the beginning balance, including accrued but
unpaid Finance Chmges, add new transactions and new Account Fees, and subtract
payments or credits. This gives us the daily balance. We do not add the _costs for the MBNA
Credit Protection plan or for credit Insurance purchased through MBNA in the beginning
balance until the first day 01 the billing cycle after the billing cycle in which they are bmed.
We do not add new transactions, new Account Fees, or new Cash Equivalent Transaction
~
IF YOU BELIEVE A TRANSACTION ON YOUR STATEMENT IS AN ERROR, COMP[ETE AND SIGN A COPY OF THIS FORM USJNG BLUE OR BLACK INK,
OR WRITE A DETAILED LETTER ON A SEPARATE SHEET OF PAPER AND THEN-RETURN IT TO: Ip.o. BOX 15026, WILMINGTON, DE 19850, USA. I
PLEASE DO NOT ALTER WORDfNG ON THIS FORM OR MAIl. YOUR LETTER OR FORM WITH YOUR PAYMENT.
Fees if the Previous Balance shown on this staternent was paid In full by its Payment Due
Date. If any dally balance is less than zero we wm treat that balance as zero. We add the
daily balances larthe billing cycle together and divicle the total by the number of days In the
billing cycle. This gives us the Average Daily Balance (a Balance Subject to Finance Charge).
TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION
Periodic Rate Rnance Charges accrue and are compounded on a daily basis. To determine
the Periodic Rate Rnance Charge lor each category, we multiply the Balance Subject to
Finance Charge by jts applicable Daily Periodic Rate and that result by the number of days
in the billing cycle. To determine the total Periodic Rate Finance Charge lor the billing cycle,
we add the Periocfrc Rate Finance Charges far each categol)' together. Each Dally Periodic
Rate is calculated by dividing its corresponding Annual Percentage Rate by 365.
IF YOUR ANNUAL FEE IS BILLED ON THIS STATEMENT
We will credit your account for the Annual Fee tiilLe.d on this statement if you close your
account by caUing us at 1-800-432.2552 (open 24 hours a day) within 30 days 01 the mailing
of this statement. You may continue to use your account dunng this period: however, il you
use or maintain a balance on your account thereafter, you will have to pay an Annual Fee.
You must pay the New Balance Total in full by its Payment Due Date for each statement
that you may receive after you close this account
MISCELLANEOUS
For the complete terms and conditions 01 your account, consult your Credit Card A{Jreement
MBNA America Bank, N.A. is the exclusive issuer and administrator of this and other
Platinum Plus credit card programs.
Individual BankCard services is a tradename of MaNA America Bank, N.A.
This account is issued and adrnlnistered by__MBNU_merica Bank, N.A.
STATEMENT OF DISPUTED ITEM (You must use a separate form for each dispute. Please print.)
Please check only o.,e box, do no1 al~r wordIng on this form, and provide copies 01 all documentatIon that wlll help us Investigate your dispute. Q.e. contracts, Imrolces, detailed letter, sales dralt)
J SIgnature (required]: Date:
Telephone #5:
Home:
YOUR NAME:
TRANSACn:JN DATE:
POSTING DATE:
Please tell us below why you think the item noted above is an error. I Check onlv one box.1
D 1. The amount of the charge was increased lrom $ _ to
$ or my sales slip was added incorrectly. Enclosed is
my copy of the sales draft that shows the correct amount.
D 2. I certify that the charge listed above was not made by me or a person
authorized by me to use my card, nor were the. goods or services
represented by the transaction received by me or a person authorized by
me. (If you do not recognize a sale, choose this option.)
D 3. I have not received the merchandise that was to be shipped to me on
(date). I have asked 1Me merchant to ,credit my account.
D 4. The attached credit slip was lis1ed as a charge on my statement.
D 5. I was issued a credit slip that was not shown on my statement. A copy of my
credit slip is enclosed.
D 6. Although I did engage in the above transaction, I dispute the entire charge
or a porti(ln in the amount of 'i: . I have contacted the merchant
and requested a credit adjustment. I either did not receive this credit or it was
unsatisfactory. I am disputing this charge because
D
ACCOUNT NUMBER:
REFERENCE NUMBER: AMOUNT: $
TRANSACTION DESCRIPTION:
7. I certify that the charge in question was a single transaction, but was posted
twicetomystatemenl.ldidnotaulhorizethesecondtrallsaction.
Sale #1 $ Relerence It -
Sale 112$ RelerenG<! it
6. I notified the merchant on to cancel the preauthorized
order (reservation). Please note cancellation II and il available, enclose a
copy of your telephone bill showing date and lime of cancellation. Reason for
cancellation:
D
D
9. Although I did engage in a transaction with the merchant, I was billed lor_
Iransaclion(s) totaling $ Il1at I did not engage in, nor did anyone
else authorized to use my card. I do have aU my cards in my possession.
Enctosedis a copy of my sales slip lor lhe valid charge.
10. Merchandise that was shIpped to me has arrived damaged and/or defective.
I returned it on (date) and asked the merchant to credit my account
11. I haverelurned merchandise on - because-
D
D
D
(Jf box 10 Dr 11 was checked, pJe<lse provide date merchandise was returned
and a copy of the return receipt)
12. Other: Please explain.
Work:
PLEASEKEEPACOPYOFBctrHsfDESOFTHISstArEMEIITFOflYOUflJlECOJlDS
~'214.(RE:v.em(l\
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SUNTRUST
I ACCOUNT NU::;4 2982 0448 0241
PAYMENT DUE DATE NEW BALANCE TOTJL
I 03/01/01 I I $0,00 I
TrAL MINIMU:;A:~NT TE IAIIOVNT ENOLOSEO
DETACH TOP PORTION IWD'RETURN WlTJ:f,PAYMENT
M... check 1,,,1 i1,I"I"I,I"I"II",I,I,II,,,,,,III,I,,,,II,1
payab/eto:
BANKCARD SERVICES
P.O. BOX 15019
WILMINGTON, DE 19886-5019
CARDHDLDER SINCE
1996
-
-,
-.
-
-.
-
-
-
For account information call 1-800-223-7046
Print change of address or new telephone number below
.........
-
S P
-
-
SCOTT R KUHN
PO BOX 502
MECHANICSBURG
PA
17055-050202
Address
City State lip
( ) ( ) 04 00000000000000000004264298204480241
Home phone Work phone
Cash or Ct9dft Available Closing Date Tats} Minimum Pa Due Po ou._
$7.000,00 02/02/01 $0,00 03/01/01
Posting Transactions FEBRUARY 2001 STATEMENT Charges Credits (eR)
Date
PAYMENTS AND CREDITS
01/13 00/00 VS LST CREDIT TRANSFER 2.888,95 CR
01/13 01/09 9443 VS KMART 00003949 WIND GAP PA 79,33 CR
01/13 01/10 4508 VS MAIN STREET MARKET INC BANGOR PA 25,69 CR
01/16 01/11 5009 VS MAIN STREET MARKET INC BANGOR PA 29,92 CR
01/16 01/11 3162 VS SEARS RDESUCK 2574 PHILLIPSBURG NJ 82.49 CR
01/31 ,01/06 5704 VS HDNG KDNG CHINESE FODD WIND GAP PA 37.05 CR
PURCHASES AND ADJUST~ENTS
01/04 01/02 5550 VS C SUNOCO WINDGAP PA 24:86
ORDER NO. 01852662934 V03Y F 0000035.88
01/04 '01/03 6585 VS C UTOPIA EASTON PA 42.92
01/05 01/03 0825 VS C TURKEY HILL #223 PEN ARGYL PA 9,29
OROER NO, 0004774Q223Vp3Y7000637058
01/06 01/04 9788 VS C BLOCKSUSTER VIDEO #420 WIND GAP PA 127.12
01/06 01/04 1369 VS C GIANT FOOD'#093 SI8 WIND GAP PA 160.73
01/08 01/04 4440 VS C KMART 00003949 WIND GAP PA 379.64
01/09 01/06 9598 VS C GIANT FOOD #093 SI8 WINO GAP PA 33.44
01/09 01/06 6716 VS C KMART 00003949 WINO GAP PA 269.96
01/09 01/07 3730 VS C REGAL CINEMAS EASTON PA 29,50
IMPORTANT
NEW'S
DUPLICATE STATEMENT REQUESTEO BY EBF
SUMMARY OF TRANSACTIONS
TOTAL MINIMUM PAYMENT DUE
Previous Balance C.) Payments (+) Cash (+) Purchases and (+) Periodic Aate (+) Transaction Fee (=) NeW Balance Past Due Amount ................. $0.00
and credits Advances Adjustments FINANCE CHARGES FINANCE CHARGES Totel
Current, Payment .................. $0.00
$1,779.71 $3,143.43 $0.00 $1,363.72 $0.00 $0.00 $0.00 Total Minimum Payment
Due...................................... $0.00
Cash Advances
A, SA LANCE TRANSFERS, CHECKS ' 0,000000% DLY
S, ATM. BANK''''''''''....'' ,0,000000% OLY
C. PURCHASES"",.",."""" ,0,000000% DLY
0.00%
0.00%
0.00%
$0,00
$0.00
$0.00
FOR YOUR SATISFACTION. EVERY HOUR. EVERY DAY
For Customer Satisfaction arid lip,tinhEfrriinute ,automated information including,
balallce. availabte Cfedit, paymentifr~, paylm'!l\ts dUe, 4ue date, !}t\ymet'lt
address inflImati!X:I, or 10 requesl duptfcale's~lements, can 1~O0-223~7046.
For TDD (Telecommunication Device for the Deaij assistance,
""1.800.346.3178,
Mail paymenls 10: BANKCARD SERVICES, P.O. BOX 15019, WILMINGTON. DE
198B6-5019.
aming rigllts are preserved only by written inquiry. Mail biDing inquiries, using
form on Iheback,andolherinquiries lo:
RANKCARD SERVICES PO ROX 150?6 WlI MINGTON I1F
19850-fiO?fi, )
FINANCE CHARGE SCHEDULE
Category
Periodic Rate
Corresponding
Annual
Percentage Rate
Balance
Subject to
Finance C'narge
FOR THIS BJWNG PERIOD:
ANNUAL PERCENTAGE RATE................... SEE ABOVE
PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION.
1 000
4264 2982 0448 0241
001
PAGE 1 OF 2
--'1-'
ON ABOUT THIS STATEMENT ,
~~~~,~,.:
PAYMENTS
lNe c:.red;.t ?a\jment-s as of the date received, if the payment is 1) received by
10 a.m. (Eastern Time), 2) received at the address shown In the upper
left.hand comer of the front of this statement, 3) paid with a check drawn in
U.B._.dollars on a U.S. financial institution or a U.S. dollar money order, and 4)
senLio the enclosed return envelope with only the top portion of this statement
accompanying it Payments received after 10 a.m. on any day includin~ the
Payment Due Date, but that otherwise meet the above requirements, Will be
credited as of the next day. We will reject payments that are not drawn in U.S.
dollars and those drawn on a financial .institution located outside of the United
States. Credit for any other payments may be delayed up to live days. No
payment shall epl~rate as an accord and satisfactien witheut the prier written
approval of a Senior Officer of MBNA America.
BILLING RIGHTS SUMMARY
In Case of Errors or Questions About Your Bill
If yeu think your bill is wrong, or if you need more informatien about a transactien
on your bill, please write to us on a separate sheet of paper er use a copy of
the form previded below. We must receive yeur written inquiry at P.O. Box
15026, Wilmington, DE 19850, no later than 60 days after we sent you the first
bill on which the transaction er error appeared. Yeu may telephene us, but deing
so. does not preserve your billing rights. In yeur letter er on the form, give the
follewing Information: your name and account number, the dollar amount of the'
suspected error, the posting date of the transaction in question. and an "'
explanation of why you believe there is an__.error (if you are usi.ng the form,
check the appropriate bex). If yeu need more'infarmation, describe the item yau
are unsure abaut. Yau do net have to pay any ameunt in questian while we
are investigating, but you are obligated to. pay -the parts of your bill that are not
in question. We cannot repert you as delinquent or take any action to collect
the amaunt you questionnwhile we invE~stigate your inquiry._
If you have authorized us to. pay your credit card bill autamatically from your
savings or checking account with us, you can stop the payment on any amount
you think is wrong. To stop the payment youTlettei' must reach us at least three
business days before the automatic payment is scheduled to. occur.
Special Rule lor Credii Card Purchas.es
If you have a problem with the quality of goods ar services that you purchased
--- with a credit card, and yeu have tried in good faith fa correct the prob(em with
the merchant, yeu may not have to pay tfle remaining amo.unt due an the
gaods or services. You have this protection only when the purchase price was
more than $50 and the purchase was made'- in your home state or within 100
miles of your mailing address. (If we own or operate the merchant, or if we
mailed you the advertisement for the property or services, all purchases are
covered regardless of amount or lacatiO,o of purchase).
--------~~~;~---------------------~--- --~-~-~--~~------~-~------------~----------------~-------------------
GRACE PERIOO
If you pay this statement's entire New Balance Total by the Payment Due Date, Periodic
Rate Finance Charge>.s will not be assessed on Category C or D transactions posted during
the next bllling cycle. If the Previous Balance shown on this statement was paid in fun by
ils Payment Due Date and you pay this slalemenrs entire New Balance Tota! by the
Payment Due Date shown on this statemen~ then the Category C or 0 portion(s) of this
statement's New Balance Total wil! not be assessed Periodic Rate Finance Charges during
the next bllling cycle. There is no grace period for Category A or B Cash Advances.
INFORMATION ABOUT THIS ACCOUNT
COMPUTATION MErHODS FOR BALANCES SUBJECT TO FINANCE CHARGES
Categories A and B - Average Cash Advance Balance (including new Cash Advances): We
calculate the Balance Sooject to Finance Charge for each Cash Advance categan; using the
following AveraQ8 Cc:sh Advance Balance method: Each day, of the current billing cycle, we
take the beginmng Cash Advance balance, including accrued but unpaid Finance Charges,
add nelv Cash Advances, and subtract payments or credits. This gives us the daily Cash
Advance balance. If any daily balance is less than zero we will treat that balance as zero.
We add together the current billing cycle's daily Cash Advance balances. We then include,
for each day prior lo the current bHling cycle, balances on Cash Advances that had a
transaction date prio; to the current billing cycle but which were posted to your account in
the current billing CYGle. We divide this lotal by the number of days in the billing cycle. This
gives us the AveragH Cash Advance Balance (a Balance Subject to Finance Charge).
Categories C and D . Average Daily Balance (including new Purchases): We calculate the
Balance Subject to Finance Charge for each ollhese categories using the following Averafle
Daily Balance method: Each day, we take the beginning baiance, including accrued but
unpaid. Finance Charges, add new transac1ions and new Account Fees, and subtract
payments or credits. This gives us the daily balance. We do not add the costs lor the MBNA
Credit Protection plan or for credit insurance purchased through MBNA in the beginning
balance until the lirs': day of the billing cycle after the billing cycle in which they are bille<l.
We do not add new transactions, new Account Fees, .or new Cash Equivalent Transaction
~
IF YOU BELiEVE A TRANSACTION ON YOUR STATEMENT IS AN ERROR, COMPLETE AND SIGN A COPY OF THIS FORM U-5lt'JG BLUE OR SLACK INK,
OR WRITE A DETAILED LETTER ON A SEPARATE SHEET OF PAPER AND THEN RETURN IT TO: I P.O. BOX 15026, WilMINGTON, DE 19850, USA. I
PLEASE CO NOT ALTER WORDING ON THIS FORM OR MAlL YOUR LEITER OR FORM WITH YOUR PAYMENT.
Fees if the Previous Balance shown on Ihis statel1J!3nt was paid in lull by its Payment Due
Date. If any daily balance is less than zero we will treat that balance as zero. We add the
daily balances for the billing cycle together and divide the tolal by the number of days in the
billing cycle. This gives us the Average Daily Balance (a Balance Subject to Finance Charge).
TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine
the Periodic Rate Finance Charge for each category, we' multiply the Balance Subject to
Finance Charge by its applicable Dally Periodic Rate and that result by the number of days
in the billing cycle. To determine the total Periodic Rate Finance Charge lor the billing cycle,
we add the Periodic Rate Finance Charges for each category together. Each Daily Periodic
Rate is calculated by dividing its corresponding Annual Percentage Rate by 365.
IF YOUR ANNUAL FEE IS BILLED ON THIS STATEMENT
We will credit your account lor the Annual Fee billed on this statement if you close your
account by calling us at 1-800.432.2552 (open 24 hours a day) within 30 days of the mailing
of this statement. You may continue to use your account during this period; however, if you
use or maintain a balance on your account thereafter, you will have to pay an Annual Fee.
You must pay the New Balance Total in full by lis Payment Due Date for each statement
that you may receive after you close this account
MISCELLANEOUS
For the complete terms and conditions of your account, consult your Credit Card Agreement
MBNA America Bank, NA is the exclusive issuer and administrator of this and other
Platinum Plus credIT card programs.
Individual BankCard services is a tradename 01 MBNA America Bank, NA-
This account is issued and administered by MBNA America Bank, N.A.
STATEMENT OF DISPUTED ITEM (You must use a separate form for each dispute. Please print.)
YOUR NAME::
TRANSAcn:)N DATE:
POSTING DATE:
Please tell us below why you think the item noted above is an error. I Check only one box.1
D 1. The amount of the charge was increased from S to
$ or my sales slip was added incorrectly. Enclosed is
my copy of the sales drafllhat shows the correct amount
D 2. I certify 1hat the charge listed above was not made by me or a person
authorize!:' by me to use my card, nor were Ihe goods or services
represented by the transaction received by me or a person authorized by
me. (If you do not recognize a sale, choose this option.)
D 3. [ haye not received the merchandise that was to be shipped 10 me on
(date). I have asked the merchant 10 credit my account.
D 4. The attached credit slip was listed as a charge on my statement
D 5. I was issued a credit slip that was not shown on my statement. A copy of my
credIT slip is enclosed.
D 6. Although I did engage in the above transactIon, j dispute the entire charge
or a portion in the amount of 'I: . I have contacted the merchant
and reqUEsted a credit adjustment I either did not receive this credit or it was
unsatisfactory. I am disputing this charge because
D
ACCOUNT NUMBER:
REFERENCE NUMBER: AMOUNT: $
TRANSACTION DESCRIPTION:
7. I certify Ihat the charge in question was a single transaction, but was posted
lwicetomystatemenI.Jdidnolauthori:zethasecondtransac!ion.
Sale #1 $ Reler_ence #
Sale#2$ Reference #
6_ I notified the merchant on to cancel the preauthorized
order (reservation). Please note cancellation # and if available, enclose a
copy of your telephone bill showing date and lime of cancellation. Reason lor
cancellation:
o
D
9. Although I did engag.e in a transaction with the merchant, I was billed for_
transaction(s) totaling $ that I did not engage in, nor did anyone
else authorized to use my card. I do__have all my cards in my possession.
Enclosed is a copy 01 my sales slip for the valid charge.
10. Merchandise that was shipped to me has arrived damaged and/or defective.
I retumed it on (date) and asked the merchant to credit my account
11. I have returned merchandise 01' because
D
o
D
(U box 10 or 11 vias checked, please provide date merchandise was returned
and a copy of the return, receipt) -
12. Other: Please explain.
Please eheek only O.1lJ box, do notaller wording on this form, and provldo ell pJes ofeJl doeumenlallon that will help us Invosllgatel'ourdispute. (J. e.eontracts,lnvolces,deteiledlelter,salesdraft)
I Signature (requlredl): Date:
Telephone #s:
Home: Work:
PLEASEKEEPACOPYOFBOTHSIDESOFTHJSSTATEMENTFORYOURRECDRDS
000-2,14 ~P.E'If. BIOO;
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SUNThUST
,
I ACCOUNT NU::~ 2982 0448 0241
PAYMENT DUE DATE NEW BALANCE roTA
I 03/01/01 I I $0,00 I
'1TAL MINlMU:~A:: lE ,""'OUNT ENCLOSED
DETACH TOP PORTION NrlD RETURN WITH PAYMENT
~
~
""""""'"
~
=
=
.
=.,"':;" 1",11I.1.,1"1.1,,1,.1111I1.1.1111I.,,111,1.,,,11.1
BANKCARD SERVICES
P.O. BOX 15019
WILMINGTON, DE 19886-5019
CARDHDLDER SINCE
1996
S P
For account Information call 1-800-223-7046
Print change of address or new telephone number below
SCOTT R KUHN
PO BOX 502
MECHANICSBURG
PA
17055-050202
Address
City
( )
Home phone
kcount Number
State Zip
I ) 04 00000000000000000004264298204480241
Work phone
Cash or Credit AvaIlable C/osIn Dale TotaiMlnifTI/JmPs. Due Pa Due_
$7,000,00 02/02/01 $0.00 03/01/01
Trans'actlons FEBRUARY 2001 STATEMENT Charges Credits (CR)
Posting
Da"
PURCHASES AND AD~USTMENTS
01/11 01/03 4448 VS C AT&T CALL 717-761-4540 800-6572466 NJ 2,87
ORDER NO. 3400009214100
01/11 01/03 7747 VS C AT&T CALL 717_761-4540 800-6572466 NJ 2,S7
ORDER NO. 3400009214200
01/11 01/09 1911 VS C SUNOCO WINDGAP PA 26.04
ORDER NO, 01852662934V03YFOOOO05411
01/12 01/09 9443 VS C KMi>.RT 00003949 WIND GAP PA 79.33
01/12 01/10 4508 VS C MAIN STREET MARKET INC BANGOR PA 25,69
01/13 01/11 5009 VS C MAIN STREET MARKETINC BANGOR PA 29.92
01/13 01/11 3,162 VS C SEARS ROEBUCK 2574 PHILLIPSBURG NJ 82.49
01/30 01/06 5704 VS C HONG KONG CHINESE FOOD WIND'GAP PA 37.05
TOTAL FDR BILLING CYCLE. FROM 01/04/2001 THROUGH 02/02/2001 $1,363.72 $3,143.43 CR
IMPORTANT
NEWS
0.00%
0,00%
0,00%
$0.00
$0.00
$0,00
I' :,::"
TOtALIMINIMUM PAYMENT DUE
..
P,a~ Cue Amount ................. $-0.00
C1Jrrent Payment .................. $-0.00
T~I; M'rnlmum Payment
D~l!l ....................................... $0.00
FOR YOUR SATISFACTION, EVERY HOUR, EVERY DAY
For Customer Satisfa~OII fl"~'~R':~;lhe;'rr!inule auto',Tlated information including.'
balance, available credit paymenm r-eqewed, paymen,1s due, due date, p~ment
address information, or ~o requ~t~pl~c~te statements, calI1.BOO-~'?3-7046.
For TOO (TeIecommunicalion'Deviee,foNhe Deaf) assistance,
""'1-800-346-3178. .
Mail payments 10: BANKCARD SERVIC~S, P.O. BOX 15019, WILMINGTON, DE
19886-5019.
Billing rights are preserved ooly by written inquiry. Mail biDing inquiries, using
form 011 the bagk, andolher inquirie's',to:
AANKCARD SFRVICFS"P-o BOX 150~6 WII MINGTON DE
HJAfio..fiO?6. ' , ,
SUMMARYOFTRANSAcnONS
Previous Balance (-) Payments (+) Cash (+) Purchases and (+) Periodic Rate (+) Transaction Fee (=) New Balance
and Credits Advances Adjustments FINANCE CHARGES FINANCE CHARGES Total
$1,779.71 $3,143.43 $0.00 $1,363.72 $0.00 $0.00 $0.00
RNANCECHARGESCHEDULE
Category
Cash Advances
A, SA LANCE TRANSFERS. CHECKS ,0,000000% DLY
S, ATM. SANK.,.",.,.,.,.,.. .0.000000% DLY
C, PURCHASES''"'''''" ,0.000000% DLY
PeriodIc Rate
Corresponding
Annuat
Percentage- Rate
Balance
Subject to
Finance Charge
FOR THIS BlLUNG PERIOD:
ANNUAL PERCENTAGE RATE................... SEE ABOVE
PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION.
1 000
4264 2982 0448 0241
001
PAGE 2 OF 2
..
m:.)t~'~'.D
PAYMENTS
We credit oa'lrnents as of the date received, if the payment is 1) received by
10 a.m. (Eastern Time), 2) receivea at the address shown in_ the upper
left-hand comer of the front of this statement, 3) paid with a check drawn in
U.S^_ dollars on a U.S. financial institution or a U.S. dollar moner order, and 4)
sent in the enclosed return envelope with only the top portion 0 this statement
accompanying it. Payments received after 10 a.m. 0(1 any day includjn~ the
Payment Due Da1e, but that otherwise meet the above requirements, will be
credite_d as of the next day. We will reject payments that are not drawn in U.S.
dollars and those drawn on a financial institution located outside of the United
States. Credit for any other payments may be delayed up to five days. No
payment shall opHrate as an accord and satisfaction without the prior written
approval of a Sedor Officer of MBNA America.
BILLING RIGHTS SUMMARY
In Case 01 Errors or Questions About Your Bill
If you think your bill is wrong, or if you need more information about a transaction
on your bill, please write to us on a separate sheet of paper or use a copy of
the form provided below. We must receive your written inquiry at P.O. Box
1502'S, Wilmington, DE 19850, no later than 60 days after we sent you the first
bill on which the transaction or error appeared, You may telephone us, but doing
so does not presEHve your billing rights. In your letter or on the form, give the
ON ABOUT Tms STATEMENT
following information: your name and account number, the _dollar amount of the ~
suspected error, the posting date at the transaction in Question, and an .
explanation of why you believe there is an error (if you _are using the form,
check the appropriate box). If you need more information, describe the item you
are unsure about. You do not h,aye to pay any amount in question while we
are investigating, but you are obligated to pay the parts of your bill that are not
in question. We cannot report you as delinquent or take any action to collect
the amount you question while we investig~.!.e your inquiry. ..,
If you have authorized us to pay your credit card bill automatically from your
savings or checking account with us, you can stop the payment on any amount
you think is wrong. To stop the payment yourletter must reach us at least three
business days before the automatic payment is scheduled to occur.
Special Rule lor Credit Card Purchases
If you have a problem with the quality of goods or services that you purchased
with a credit card, and you have tried in good faith to conect the problem with
the merchant, you may not have to pay the remaining amount due on the
goods or services. You have this protection only when the purchase price was
more than $50 and the purchase was made in your home state or within 100
miles of your mailing address. (If we own or operate the merchant, or if we
mailed you the advertisement for the property or services, all purchases are
covered regardless of amount or location of. purchase).
--------~~-------------------------------------------------~------------------------------------------------
GRACE PERIOD
If you pay this statement's entire New Balance Total by the Payment Due Date, Periodic
Rate Finance Charges will not be assessed on Category C or D transactions posted during
the next billing cycle. If the Previous Balance shown on this statement was paid in lull by
its Payment Due Date and you pay this statement's entire New Balance Total by the
Pa~ent Due Date :5hown on this statement, then the Category C or 0 portfon(s) of this
statement's New BaI3.nce Total will not be assessed Periodic Rate Finance Charges during
the next billing cycle. There is no grace period for Category A or B Cash Advances.
COMPUTA nON METHODS FOR BALANCES SUBJECT TO FINANCE CHARGES
INFORMATION ABOUT Tms ACCOUNT
Categories A and B . Average Cash Advance Balance (including new Cash Advances): We
calculate the Balance Subject to Finance Charge for each Cash Advance category using the
following Average Cash Advance Balance method: Each day, of the current billing cycle, we
take 1he beginning Cash Advance balance, including accrued but unpaid Finance Charges,
add new Cash Advances, and subtract payments or credits. This gives us the daUy Cash
Advanc_e balance, If any daily balance is less than zero we will treat that balance as zero.
We add together the current billing cycle's dally Cash Advance balances. We then inciude,
for each day prior to the current billing cycle, balances on Cash Advances that had a
transaction date prior to the current billing cycle but which were posted to your account in
the current billing cYGle. We divide this total by the number of days in the bUling cycle. This
gives us the AveragH Cash Advance Balance (a Balance Subject to Finance Charge),
Categories C and I:I . Average Daily Balance (including new Purchases): We calcuiate the
Balance Subject to Finance Charge lor each of these categories using the following Average
Daily Balance method: Each day, we take the beginning balance, including accrued but
unpaid Finance Charges, add new transactions and new Account Fees, and subtract
payments or credits, This gives us the daily balance. We do not add the costs for the MBNA
Credit Protection plc.n or for credit insurance purchased through MBNA in the beginning
balance untfr the first day of the billing cycle after the billing cycle in which loey are billed.
We do not add new transactions, new Account Fees, or new Cash Equivalent Transaction
Dm.i!!!
IF YOU BELIEVE A TRANSACTION ON YOUR STATEMENT]S AN ERROR, COMPLETE AND SIGN A COPY OF TH[S FORM lJ.SJNG BLUE OR BLACK INK,
OR WRITE A DETAILED LETTER ON A SEPARATE SHEET OF PAPER AND THEN RETURN [T TO: 1 P.O. BOX 15026, WilMINGTON. DE 19850, USA.I
PLEASE DO NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT.
Fees if the Previous Balance shown on this &tatem.ent was paid in full by its Payment Due
Date. If any daily balance is less than zero we wiJIlreat that balance as zero. We add the
dally balances for the billing cycle together and divide the total by Ihe number of days in the
billing cycle. This gives us the Average Daily Balance (a Balance Subject to Finance Charge).
TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine
the Periodic Rate Finance Charge for each category, we multiply the Balance Subject to
Finance Charge by ~s applicable Daily Periodic Rate and that result by the number of days
in the billing cycle. To determine the total Periodic Rate Finance Charge for the billing cycle,
we add the Periodic Rate Finance Charges for eacn category together. Each Daily Periodic
Rate is calculated by dividing its corresponding Annual Percentage Rate by 365.
IF YOUR ANNUAL FEE IS BILLED ON THIS STA TEMENT
We will cred~ your account for the Annual Fee billed on this statement if you close your
account by calling us at 1-800-432.2552 (open 24 hours a day) within 30 days 01 the mailing
of this statement You may continue to use your account during this period; however, if you
use or maintain a balance on_your account thereafter, you will have to pay an Annual Fee.
You must pay the New Balance Total in lull by its Payment Due Date for each statement
that you may receive after you close this account.
MISCELLANEOUS
For the complete terms and conditions of your aCCQunt, consult your Credit Card Agreement.
MBNA America Bank, N.A. is the exclusive issuer and administrator of this and other __
Platinum Plus credit card programs.
Individual Ban Ward services is a tradename at MJI~A America Bank, NA
This account is issued and administered by MBNA ~merica Bank, N.A.
STATE:MENT OF DISPUTED ITEM (You must use a separate form for each dispute. Please print.)
Pleasecheckonlyonebol[,donotalterwcrdlngontlllslorm,andprovldo copies of all documentatlon that will help us Investigate your dlspl.lle. (I.e. c ontracm, InvoIces, detailed letter, sales drllft)
I Signature (required): Date:
Telephone #s:
Home: Work:
YOUR NAME::
TRANSACTION DATE:
POSTING DATE:
Please ten us below why you think the item noted above is an error. ICheck only one box.1
D 1. The amount of the charge was increased from $ to
$ or my sales slip was added incorrectly. Enclosed is
my copy of the sales draft that shows the _correct amount.
D 2. I certrry that the charge listed above was not _ made by me or a person
authorized by me to use my card, nor were the goods or services
represented by the transaction received by me or a person authorized by
me. (If you do not recognize a sale, choose t:his opt[on.)
D3. I have- nof -received !he m-erchandise _ that was to be shipped to me on
(date). I have asked the merchant to credit my account,.
D 4_ The attached credit slip was listed as a charge on my statement.
D 5. [was issued a credit s[rp that was not shown on my statement. A copy of my
credit slip is enclosed.- -
D 6. Allhough [ did engage in the above transaction, r dispute the entire -charge
or a portion in the amount 01 !'I: . I have contacted the merchant
and requested a credit adjustment. I either did not receive this credit or it was
unsatisfactory. I am disputing this charge because
o
ACCOUNT NUMBER:
REFERENCE NUMBER: AMOUNT: S _
TRANSACTION DESCAIPTION:
7. [ certify that the charge in question was a single transactiOn, but' was posted
twice to my statement I did not authorize_the second transaction.
Sale #1 $ Reference #
Sale #2 $ Reference 11=
B. [notified the merchant on to cancel the preauthorized
order (reservation). Please note canc~lIation 11= and if available, enclose a
copy of your telephone bill showing date and time 01 cancellation, Reason for
cancellation:
o
o
9. Although I did engage in a transaction wi!h the merchant, [was billed for_
transaction(s) totaling $ - - "tilat I did not engage in, nor did anyone
else authorized to use my card. 1 do have all my cards in my possession.
Enclosed Is a copy of my sales stip lor the valid charge.
10. Merchandise that was shipped to me -lias arrived damaged and/or defective.
] retumed it on (date) and asked the merchant to credit my account.
11. ] have retumedmerchandise on because
o
o
o
([f box 10 or 11 was Checked, please proyide date merchandise was returned
and a copy of tile return receipt.) - --
12. Other: Please explain.
~
fLEASEKEEPACOfYOF'S?JTHSIDESOFTHISISrArnlJENTFi:JRYOURRECORDS
690-214 (FlEV. BlOO)
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READ THE CONDiTIONS OF TH!SL.EASE
~ .
~HIS LEASE. M.de the........2(Jtti.............:,..........,....:.d.y of ..O'C'.tOi:lf;;~..,....................,:.....................A. D,200l}.....
BetweeD ...TM..J).));N.N>J;.~....KJ:!UH....Q;B.QP.p..~....t.;t1a".!:i.I'!>I'!..!?t5.....?..~.!1gQ~...i!.g!Jg..1r.is::r 'lQf.l.Q:......... hereln-
efte. dejlRloOted lellOr, part)' of thO' FIs.I. Part. 'Dd ...t'J;j.l;~.ca...J.~.jl'...2:0-t:.)Jn:'LG-K13I:l~!."
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).tI.~.....:'i........~:y.:'~.:::.t~.. .
...................,';............;...........;.............:.~...........~..... hereinafter duijtnated Jessee, party of the Secant! !
~. ';vJTNESSETH. that lessor doth hereby lease ,unto It's:see all th'ose celtain premises, wi<<:'" .J!B: appurtenan'~~. .I~~ited
. 6.tr:~ B!l-':"1""r\~ .,-;,~"'l.....I~.ir):'1 1"0~A ,3oaEj'.:101'l' f)lJ. 1i'~Q.l~.' ';',',. . "
.................."...................{.....f:::il.;lol~.;..:.'t.. ..:r:.Y.'a~.tiW'.."'.I1.,.;.,I.i...~.~~:.l\"l~~.i....... ~.... .~... &f..p-. .~....;;. r.......:-t. ....__............... ..................... ....... .........,w....
and d..crlt>ed u follow.. vi.: ...............~JJ:.;,~;j..(;'...;;J;.;n;LJ ,h,,,.2...$;t;.G;c~r...l;;o1J,IlJiil......"'~:Lttl..."'l'-,,,,I'i'Jll..iiI~,Q',)i:i(;j..;....,. ,
.po:"ch, cOI1elst;,i'.lg'; of,. 3 'b@dTooms, livinii; ro')m, j~:l.tchlii~ I'JD/!,':'
batt~ rooel &:n.t~. 'i')e';..SSlUGn't.c. ---\ 01.),t stcr;!~t~!;!. bl~ildi'(1~2S ox~ D. lot: 1.6~ ~''''.HGiS
'" ~. ......... -' .
~
To ~ uood u a .......~.!.~~~.!L.f~!!!tt-.l....!?-..~.~.t->t-.!.~!L.....>.............................................................................................,.......
.......................................................................................................................................................................................................................
2. TO HAVE AND TO HOl.D ill. ...... unlO i..... 10. ,he lern: ':""''':''''ci,,~ :!'~ ..............l~:l;.........,............._...........
.......................................... Oi.y ol....iii0',,,,tl':!I&<i.1"...... .?9..9PIlDd endinjl Ih. ........39..tih...........................................................-..
day of ........".....~p.!:;h1............................................... ?~.Qg
.. CONS Eft' ON h f I I h I"""" "'''E:I:l~ thous<!lnd SJlllv,.,n
. 3. ......, ID ~~TI w el~ eue. _wee. to pay to eSsor t e sum 0 loo,!;,.::..J,.............. """""..............:...............................
.............>........i:!illf!f.;~g,!J...;::....~.~Y..q:E.:t;:l..l!:?t.1.Q2;\:;E DoU...., ...Ji.1.3.~.ZZQ.,.Q2.................-...........;.................................
, ~76r,.oo du~ th@ 1st of Nov~~b~~ 2000 and th@ 1st of @&ch
payable u Jlollowt .............:-........................................................................................................................................................................
!1l0Xl'Ch th..rsll.ft;or. Ber.tt dUGl 'l LlGClilllbar 20DC} shall 1fm.ivl!i!r@d in the
su.m of i;;765. in cQnsid~z'ation of the tGlnc',nt cleaning. pninting
&i1:d m.a~.:ing minor 1':>0'O&:'ir~ (not exct'i1edinr; .;;.201O:}") j,tl rilt:!tbilrie.l). ,
.c. A lawful conUnuanco of thCII teD.!,lJ.cy -beyond laid tel"m ;Ihall bit deemed a renewal therf:lor for the further t~nn
of ......1t:w.9..j.;i;,).....QJ,9.g:t!:l~..................... Ie .Dd ~l the expl..Uon thereDI wlth?u~ lurther nolice. And every lurlhe: law.
ful COntlDUUC<t Iball be deemed .. further re"ew.Uor . Ilk. term. to end In Uk. ,n."ne.. And eve", luch ,ene.".l .h.ll
be .ubf.ct tll tho ptOvlaloDl of thll I.u..
4a. ACCELERATION.. 'If tennant fails to pay any installment of rent when, same
becomes due and payable, the entire amount due under this agreement shall
at once become due and paya~le.
4b. SECURITY DEPOSIT. A security deposit 'in the sum of $ 765.00 is
requi1t'ed and has been paid by the tQna.nt'. The security Qeposit may not be
applied by,the tennant as and for payment of any rent due the Owner prior
to vacation of the premises 'by, thetQnant. Should tennant be respons~Qle
for damage and or loss of value to the premises greater than the value of
the security deposit, tennant agrees to reimburse the own~. for such loss
immediatlely upon presentation of the bill, for, said damage and or loss.
'" .'.
4c. All rentals are to be paid
Saylorsburg, PA'1-8353.
4d. SEE "ADDENDUM TO LEASE".
to DENNIS, KEITH GROUP, tru5tEie',-'PO' BOX#387,
"
. '''NU. I,id. Jor /u'rah" .~,nu and conditio,f.J alia J;,n41ur. l~neJ.
EXHIBIT n An
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L,;;:SSEE FU,I\TWm AC~ AS fOLLOWS, '
'$.' su'~\' "('.n.r .'..11 .be' ..IIt'. pIlld without d.,und by I.~ao' and .. the
...~ ~! .~~Q.~ o~ .ueh ~Iac.. ~sl1Jr..lcd bV lenat lut 'P-lytll.lIr.
G: . No. p_rt, Q( '..ld tC't~ ~t any .<<nIt..1 .tuU Ot uS~'\ll\td. aor .Ay
"'f:i:::' o~ 1Iil~ de~l~d~'''p,ti'.I~~ .:und.t1c1. ....illsout the wtlU.a <eNtal 0'
7. Nil Ga.ol,I~'A' Navr,
by _bal.vlEt naill' Ilno'
vlc. ab~U bt- k'pl. I\Ot,.
. ''\cn&lne or any l1Qbt producls 0' pelrolel,.l.
"'~,'Ill,I)' Ga..olin.. 'UIYII. lorch. lamp or da..
. . '0 any .anJ\." cll\ tP. pnmb...
...:.-.. N. a.sh..: l"rbag,~
. .11 ,,.,41.1,, or lit' u: pipe..
.cur\!luI611t on ~Q' pU:l&l..'
.....d ,lb. prend,e. ..haU bv
up!:>n "'lI!oy.l ."'...-d..-om. .n
.b~dr' N 'Itnu'JYt:d by 111.1111'..
gune,. rr.. il'~'1II0W h,,& ,Ie"
..,. any 'kind 1Ib.1I be dtpo.lted: ellber
,1; nor .b,1I the .allle be aUoWild to
~11l prO'ra.pd:r be "'",eyed tb..,.lcom.
.~ ': cl..an an ..nll.,r. condhhm: and
. ~. garbag. and re wc gf aU ldDd.
aJIO .gru, 10 kc..p ,ld.-w.U" and
;~. .'
. 9. .No hlllMard... poSltlu. .d.venl,ln~ m,atler .f alg;OoI 01 aor. dc.alp.
1I0Q l'!:ball k placed Upol! ~~. buildlalil .r 1'....t..1 _hboul _b,.. la" e~n.
~t ~.t ~~uor lot" ~,!~ ~: pen'!:. ~
'10>. NO'Rlltclrlcal appUilncc. or ....Irlng (If any kind ,h.U he placed or
auadMra to lb. bulldlal or pr..II'l' wllboul flnl obl,.lnl"O COll-IotD! 01
,l-ta!&'lr ior lhat,P\I'pc:s.s. and IMn 10. M doOM only i~ tb. m_tu1U p,._
_: '..lCrlhl' 'li:r Ilhe Rulc. 01 lb. Boud 01 P1r:" Under_rlllt.. '
N. 'uillaCl', loot. ar ._11. .h.n btI ~ul lor ,..gl.,.n or plptl hol..,
'~dr oth..( .&nalllr d.laced.
, U. . No lJDil.....ful bta.lla... .h.n bt- c..rrl.d AD upon ..Id prl.I....
13. r...... ,hall .a.kc Alii clalra ~pan l,..or lor !lIIao ot .~pplylng
....Hb ..al... AnY elllllr. tin lb. pr__d". Irom whlc:b lb. .AIIt ,.ay liav.
"~o.. lI11h.~ltd..' .
14: All ...lado... Ugbta and 'ocb and Inr. broba or 10'.1 durlllg tic.
'npllnoe7 .hall ;bc 'ftplacd bl In.... . '
IS. H" ",...1. .b.1t btI coamhud: It.u. .1l1 keep lb. pr'lDhu In .i
flood rtp.lr _Dd condlllon a. al Ibc cot!lm..nc.m.nt h.,.ol: and al Ih. Itnd
of Mid Ul~ at' 01 .lIy ..n..al. Ihe Itnu'wllJ dlllvcr up ..Id p,..eiil.u'.
.."hout t'.nth..,. !!loth:. ~ .. Qoad. repah and cDndltloD a. at ,b. eDm.~
..nc..auat hrr,to', ordinary w.ar and Iur and Udilyoldcbl. d.alllaQ"' b.'.
lb. .Iealla', .:lcepled,
16. Lce.cr tltr hi. ag.nl .11_11 be pr!vU.Q.d I.- vbtl a.. ':a.p.c:1 ,h.
I...td pr4all.4. aIi. any r....on.bl. III'11.t to make ftlee.~)"r7~r.p.ltl 0...
alt..,.tlOQI) ,.t. (\uphl'1 . "Po, R'nt" 0. "for S.l." .llt;n upon \b1:;,pttm..,
lH.. lb. .aIRI 1101 10 b. rlimoved .brouilb sn)'. ,l":~ ~l I...."... Lvuu clio'
Igms 10 ~tDllr t"'CtlOIU ~b", Plar b. "nl. IIi ,,"on..br. 11.11. by ,lb.
~ <tt iLk. aG<tllt4. IQ .la.Ptct.lh. \alcrlor Qt tb. prtta-llea:
11. AJlI1II.. aDd r.gulallon.. gov<3mlng: Ibl pre_II'f b,,.ln IUftd'. now
1'6 te,e. a, b"ltalt., adop,.do .'1'\15 prOlloulg."d by Ih, eW~" G' A2In'.
than be clJIJrvltd .ad. cODlPU.d willi by I..... hndu. .. .
,a. UP~QUl oth.rwb.. provhl.d hlt"ln. I..,," ,b.11 g)y. Itl 1..lt 30
days ",..111'11 ngtlce 10 x....or 01 IlII'cltntlon to '.IIIOV., ff'(>JIl ..Jd ptllllll.l..
19. L-.... .h.1I cOJllply wllh .n "lI1.. .,uS ...."q~.tloiU 0' 51.11 'hlS
l.acal Do.rdl .,f He.llb, .nd .l:I.n nol h.p or enainca'" .n,. animal. .r
lowl. t'DdlaQ 10 heCOtU or eruCt a aul.aaCIi on lb. pl.aIlN', '
20. Leno!' ,h.1I .oot b. held lIabr. l(lr .ny 10'" or d.m.ge oct-urrlng
on th.. I.,....d p>r"IIII... 10 1..11.... Ihrough flrc. lb. fl. ..alII, Ughlnlng.
Wlnw.lorm. torn,.do lit c)'clon. d.m"g.. L4"u:u I\Clc.I.~ h:..o, 'ram
1I.bl1ty 'or .ny In)ur)' Ie PCI"IOIl or propuly (If 11111I', elr 'Pb tMploye...
or .UY' Cl<eupanll 0' th'i pre.he. on account 01 lb. col1dl~lod vI Ih.
pnlll...... --: D4gllllcnCtll ..aleUag Ib.rlilo.
s...ltd .nod d.Uv...,j tM cl~..'. aad year Int w.lUn In 1M picuaoe' of,
r~(f'b2CC& ~. 7ot;yn,ia-Kuhn
[:c~tt Xi. j<uh.x~
David 'J tJ' 1i!1d3ted'!~
for THE DENNIS KEITH GROUP? LTD
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.tl. "ChI. I....'.. h UPOI1 Caadhfon tbat tb.. cOYen.l'iI. or leut'l ..h.1I blI
'ull~' !:cP! and pt'rtorClad: sDd (In anT ,brltlcb thltuol Ib.. ellall: tn.cd
ah..l)' ar rht' e1.ction ot It'll-or cel.. and dtllt,lUin.. .nd h:uor Dlay n.~
IUll'U and roe.poueu hinudf or br:r,tll 01 tb. deml.l..d: pu.mbn' witboUl
proen. 01 i.w. ptt:vioul noli':t or demand, Aad upoQ the explr.tlOI1
or olntr dttum;n"llon 01 .lIhi lutu, or 01 .Dr UQew.l. any aU(lmer. m..,
. IIppe...t, IOf I.....e in 111\ a",icablt: aetioa. ",Itctmtal (rollll Ibc ....a
.prcmbt.. in' any courl h.vlng' JllrbdiC:llon. and conf..:. ludll'~.nl 111.,..
in; wilb COil' in hvor 0' '~Uor. or Iboa.. cI..hJlinll' uod"r l.-uor. 11ft.
_q_lasl I...,.... .ad Ibr:l'l: c1airnlaq ul1d..,- lu.... and aUlhotiu tl:l. hD=.d~,
I. It Iuulng' ~ . writ of H.btrt Pa-d... Pou.ulpnem ...lIb claus. 01 Plnl
Paci.s. IQf 1:01110. _hhol)t a.king I...... of 1;DlIZl, &u.t ,ul:b re--entry or
ludgrn"nl &h.1I nOI bar Ih. rc:coY.ry 01 renl or dalllagtl 'or brncb 01
COY&rI'nH nor shall Iht (tceipl oj rcnl aIrcr CClndlUc,,'1. b,ok.n ~.. dUlQ.d
.. -.&I101''#.r 01 lorhihH",
22. lA'lt. conln.,. lud~hlenc in faVor al I.uor for th.. r'n! re~
.et",.d 'or ..id '''rll and fgr each rtnt....tl. logtlber wllh Ply.. Ptr C.ll~
''\1m. dU~rl:of t'O b. ..6d.d .J .tlC>lJ\ily'~ cOllllmb.loD for collection: and ~\1..('iI.
tllInll to b. .nlt:rtd 'lJcC'tuiy.ly .. une.....], I.k" pla<... Aod ludgpJlm
In 4l.c:I.'nC. as blttelabllo" p(llwlded, may .b. ealcnd concuncQlly tb.r'-
'Wllb.. ..'
:Zl: tn,.. ."rt'" 10 P.Y .11 ..pe-ruu locuri-ed b)' I.nor In ,,'p.lr~
lall" '.ny d.mage 10 ,.id purnls.., ....hlc::b lday re'l.1h IrOeD any acl or ne,,-
1..(:1 of lc.'u:e. and .ltO any oe.xp€tUc. In<:\lued in se.Aaval of a:the.s. .;.r.
b,,'ll's or n/us. crule-d by Ju,u:. whitb CXpeDH ma1 be collect.d In Ibl'
..111. m..runr ... "PI du,!" lD atr.....
11.. TItt nQtlc. 10 qldl r.quhe.d by allY A.d .t Ac'I:lably ~revtQUI I.
"roendlngl tet UCOytt pauullon ClI Ihl" demis.d prctah,u. and Ib.. b.1lo4l.
flt of .a ill.... grallotin'l ,tay 01 u.<tcul1on. .ppt.\. Illoclubilloo. app,..l...
tn.nl or tJllmpllon 01 propetly Irom ..II or C:UC::UUllrI Qr dtatrul ler rtllt.
arc .waiud by I.......
25,. ' Tht Ihl. 10 .n pe-uo"nal prap'rty plac~d upon ,b. pr"mlltl herein
fund" wartllalcd 10 be In lb. l.u~e. .ad It durin; Iht c:pntlnuancc of
tbla I..,.. [uJe.. ,han ..:moY' D, lIUehlpl 10 Amgy. 0' m.alt...r a~ Inl'D~
lion 1'0 r'l11o". tht peuonal Quod. .nd Iffn',. "0111 tb. laid premi...
..Uboul' bav[no paid and' ..lbAed aU renl dul' or 10 btCQmc du.. during-
the' ttrra .,( this h.-ht dun 11lC.h leraaval. an.lJIpl or mal\UulaUon to
"movl .hall bl" con,ld.rtd ftaudul'n~ .nd cr"l'Idtllm.. and th, whol.
I'tnl It..n btcoml: due Ind pavabl... and .ald I'~'or l:I:UIY proc.ed by
landlord'. wu,..tll or other prac.,. 10 dbtr.in .nd 1;OUtd thlt ....hole. of
nid' nnl 11'1 Ih" .ame m~nn",..- a, II the ....hol. flnl were <due _nd p.yahl.
In adYanc.. Ltutl, wUl not r..",oyc 1'..11I lb. prcllli,n dutlDg IA. Iltlllt
bl"uof ...Ilboul ...rill.n con$.1I1 0' 1'''01'.
26. lI'd.t-f.uh sh.'1 bl' mAd, in 'cbl payment of an,. rtnl. when lbe
"~C'r!" .!-h;;,r !:ricam.., du~. (H. if luJ,u' sb_U p...nnlt .ny iudOttlltn'l \0 b. .!:l~
ttred a"ainn him Ot tn.le. an au/game-al '0' Ihe beneftc of cl:.dlror', or
.cammit an" olh.r ate 0' b.trkru~,lcv. ,h" ...'nl !o:- lb.' lull Ur~ .haU ow.
COlli. hzuairdl.t.lV du. and c.oUlcllble. by.dtstcc&l oe- Q\he.rwIM.
27. Alii pttlon.1 properly. If ..C'mov,d' Iror:! tbe ,pnl2lbe,. .ball (0'
.blrl,. 'day.. 'ihtr.alttr b.. lI_bl", 10 d\1lr.u add m.v be dillr.lnN and
'(Ild for IInl In _"..rs. .nd 'at any txpen..' [ncl1tnd In tl:parrlnQ ..id
pr'atl.... or ulnoyal at ",h"., g.rba.g. or rdul' thcrdrOfl'l, "au.std or
<<:r...,.d by Ih. ""'11'1"1;1 or acl al luu.-.
2&. Ie ,_ furlh... .grnd Ihal Ihl' acc",prane. by Ie-uor co! .ny gl the
rRPI .1 .ny liml .hlt. th. ..m", h.. b.r:atnt due. or dd.uh h.., bun
mad. In Ib.. payment th.rtaL or OR any I.nure of th<r tus.or to I.nlo,c.
."y 0' hi. rl"hll und.r th/J lUll', or anv o' Ih. p.n..JlIu. lorl.tluru "'r
cond\1lonll beuln conlain"d, th.n no, In ap7 wI.. h.. du'med a wslyrr
d. IISlor'. righl ID' enlo..-e. Ibc ..m.. and rhac huor m..v .aforct .u.:h
lorl.llun: wltboul any nOlict wb.rcvcr: and .ny .lIctnpr co Collrc:l tll"
Itnl by one proel't'dln" sh.II nol b. cOh,idcnd at . ""aiY", 01 lb. tJghl
of II:I.or 10. coller:t Iht ....m. by any olher ptoce..dln;.
29. '; The belli. eucutOt! .nd .dndnlttralan of nld p.fttU thP",ctl;".I'1
ar. taclud.d ht,.IQ a, II In eac:h In'I_ne. .ptcllle.Uy. m.aciolS.d.
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, ADDENDUM TO LEASE
, ., "he property desoribed in .his lease is rented "A is"'. Th
:..pl.ete and return with' ,;,. f '. " e <'o;onant shall'
, . . ' . 1n .., aays 0." tak1ng pOs~~s.e on ,a move in inspection,
,n.,t1fY1ng the trustee, 1n m,iting, of any existing' damage... ;
(2) Ten~nt shall. be responsible for all utilities (gas;oil,electr:i.c, garbage
cOllect:Lon, water and sewer, telephol'le and 'l'V,,',Ca.ble) ,," ':, '. ',. .
(3) . ~ late pa:yment fee 0: $2: 00, per day shall' be charged, ,for all rent!;l or a,w
port101~ the;re of, not pa1d w.1.th1n 5 days of the due date.. .Lat;epaYJllent 'fees
shall be charged from the date paYJllent was due, with a maximlJ1l!;:charg-enot exceec i
1 months rent.' . "." . ..... '
(~) AJ.lrents paid 2 days prior to due dat;e, as per post .marJp ,,'~'h-allbe'
d1scounted in the sum of $15.00. . .".,:.IJ..,f>, ";';,.
(5) Each tenant is jointly and separately responsible for I:~;..se'?t .af,all "rfilll'lts
i!lnd utili ties ; and or damages.. :~ ',' '. ,;:l:", .',. ".
(6) The use of kerosene heate:rs'is prohibited. ,,'/111. ,,': "e<
,(7) Tenant shall be responsible for obtaining "Renter' s Ini.\';~'9.nCen'fO~ iial:d.lity
and property ,loss. .
(8)Tenant shall assume all responsibUity for all damages due ti!>'r!eg.li9'E.'t;,ce of
tenants or guests, and shall notify the trustee in writing of any daulage,:, ",' .
(9) The tenant shall keep the premises he occupies a,nd u$es safeimd SaIJ.~,ta'ty.
(10) The tenant $hall dispose of rubbish, garbage, anci other, wast-ein .a r-,' il!<.l~"
safe, and sanitary manner. " '.~,'
(11) The tenant shall be responsible for all removal of, snow and ice from a~_
walkways and public side walks.
(12) Tenant shall be responsible for cutting all grass.
(13) The tenant shall use all electrical and plumping fixture in a safe and'
proper manner. Tenant shall keep all plumbing fixtures in the dwelling unit or
used by the tenant as clean as their condition permits.
(14) Tenant agrees to give back possession of the property in the same condition
at the conclusion of the lease, as when the tenant received possession.
(15) Tenant shall conduct themself and require other persons on the premises
with his consent to conductthemselve13 in a manner that will not disturb his
neighbors' peaceful enjo:yment,of the,pr.eu1i.ses.
(16) Tenant sha:l.l not. conduct;, nor shall they permit, any unlawful acts to
conducted on the premises. Possession of illegal drugs, by any tenant, on or off
the premi$es, shall terminate this lease immediately.
(11) Tenant shall not unreasonably withhold'consent for the trustee to enter on
the premises in order to inspect said premises, make ordinary, . necessary, or
.agreed repairs, alterations or improvement, or exhibit the premises to
p~ospective or actual purchasers mortgages other residents or contractors.
(18) Tenant agrees not to mall:e any alteration. or paint or cover walls or
surfaces of the rental premises with any material whatsoever, without prior
w~itten consent of the trustee.
(19) Tenant hereby waives statutory notice to quit.
(20) Upon conclusion of the lease, tenant, shall give trustee, their new address
in writing. If the tenant fails to pay last months rent and give notice of new
address, tenant shall pay a penalty equal to two months rent. Trustee shall
give, within 30 days, an itemized list of damages.
(21) Should the trustee be required to take legal action to regain possession of
tbe property, obtain payments of rents, utilities directly paid or reimbursement
for damages, the tenant shall be responsible to pay all the trustee's legal and
court expenses, plus a $100.00 administrative fee. .
(22) The tenant shall keep no pets without written permission of the owner. A
$50 pet rent penalty shall be paid by the tenant, for any month or any portion
of a month, an unauthorized pet is kept.
~(23) Tenant: shall not assign this agreement Or sublet the premises Or any part
thereof without written permission of the trustee.
(24) Tenant shall keep no pets other than type listed. Pet permitted
(25)Tenant shall not permit, any official of any government agency to enter or
~::= ,~.=:~~~~.~~~~~ ~ ~;~8-<<'i
TJl:NANT ~,. \ 7UJL-. D~
Y..r I o-2~ -CO
Scott Ii. ::",.~~h;J
TENANT
DATE
DATE
David J. Lind
. ^ ~ '
15/52/2551 12:57
1851218873987
ARTSPACE NORWrCH
PAGE 02/07
,
QUALIFIED UNIT LEASE:
ArtSpace Norwich - 3S Chestnut Street. Norwich. cr
This Lease is made and entered into this l~ dayof ~~Y . 2001, by and
betllveen (0wneJ:) ArtSnace Norwich Limited Partnership (hereiDafter referred to as "we" or
"us")and(Tenant) ""i:'.r-~l'l"r. (-r:.\tr-o, .
(hereinafter referred to as "you").
In c:onsideration oftbe rents and agreements contained in this Lease, we hereby lease to you,
and you hereby rent from us, the apartment (Unit) consisting ofa.s bedroom
dwelling unit known. as \(~~ (Unit Number) located at 35 Chestnut Street, Norwich"
CT and known and referred to as "ArtSp~" (Property) to be used and occupied only as a
pclvate residence fur you and yo\l1' household which consists of ?; persons, whose
nanles ar~ 7 p.\-....rf""n. rc-y\t~~ \...\rl.1.';'~1 (~r~t" ~\b ~ A~
" . ~.
Asa resident of ArlSpace, you are further entitled to one:free parking space in one of the
ArtSpace Norwich parking lots. You have paid a refundable deposit of $ for
permit(s), numbered . . This deposit will be refunded to you when you
retum the parking pennit(s). You must display your parking permit (hang it from your rear
vi~i,.-mirrOr) or run the risk of being towed at yo\l1' expense. '
Th(: terms and agreements of this lease are as follows~
TERM
1. TheLeasebeginsonD:-.,t.. \ ~\ ' (Commencement Date) and. ends on
~b:' ?-D, ::;W-~ (Expiration Date). Ifwe are unable to deliver-the Apartment on
the ginning date, the length (Term) of this Lease will be adjusted accordingly.
RENT
~.A 'The total monthly rent for the Apartment is ~ """,",.CD (Rent). This is payable
by you, in advance, on the f!l:st day of each and every mon If you fail to pay the
total Rent due by the tenth of the DlOnth, 'we may impose a late charge of $25.
2.Ei. The Rent payable by you cannot be increased d\l1'ing the Term of this Lease. The
Rent ma-v be increased only upon renewal or extension after 30 dayS prior written
notice 1ellinl!' yon what the newTenn and amount will be.
UTILITIES
,
3.A. ' We will supply you with the fullowing utilities or serviceS, and we will pay for these
utilities and services out of the rents we collect:
Natural Gas (Heat & Hot Water)
Trash& Recycling
Water/Sewer
3.B. In addition to the Rent listed in paragraph 2, you are responsible for payment of the
fullowing utilities or services:
Electricity
Telephone
Cable TV
DEFENDANT'S
EXHIBIT
J.
AlL-$TATE LEGALSUPPlVC:O.
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ARTSPACE NORWICH
PAGE 03/07
QUALIFIED UNIT LEASE
ArtSooce Norwich - 35 Chestnut Street. Norwich. cr
4.A. You are ~esponsible for aU of your acts and those ofmembets of your household,
guests,. and agents while they are on any portion oftbe Artspace apartment
complex including the grounds (Property). You, your :Iiunily, guests and agents must
not interfere wi~ other Tenants or disturb their occupancy.
4.B. You agree to fullow the Ru1es and Regulations attached to this Lease. Ifwe make
qbaJ:lges in the :RlIles and Regulations, the changes do not become effective until ten
. (10) days. you receive a copy of them. Ifany changes in Rules or Regulations
. create an important or substantial change in your Lease, we cannot enforce the change
1jntll you have received a copy and agree in writing to the new Rules and Regulations.
This requirement may be waived in the event of an emergency at condition that
affects the health or safety of residents.
OWNER'S AGENT
, 5. The Manager is our representative and is authorized to IIIllIIS.ge the Property. All
i!-otices and complaints shall be given to the Manager at 35 Chestnut Street.. Norwich.
CT 06360. We may change the Manager at any time, but if we do, you will be
notified in writing.
LANDLORD'S LIABILITY
6. VVe are only responstble for loss. tllI1Tl>tge or injury because of acts, omissions or
negligence by us, the Manager or any of our employees
PERSONAL PROPERTY lNSURANCE
7.A. We are not responsible for the loss of or damage to property.or injury to persons
occuniug in or abo-qt the Property if caused by any act, omission or negligence of
persons other than us, the Manager or any of our employees. Please notify us
promptly of any accident or defect in any component of your unit or any other
service in the Property.
7.B. You are responsible fur obtaining your own insurance for your personal property.
DAMAGE TO PROPERTY
8. . In case of dainage to the Property by fire or other insured casualty, we will repair the
damage as soon as possible after we agree upon the extent of the damage with our
insurer. If the ilamage is so great that we decide not to rebuild or repair the building,
then this lease will eOO after.we give you reasonable notice. Ifwe decide not to repair
or rebuild, we will notifY you of that decision within forty-five days after the
occurrence.
OCCUPANCY BY STUDENTS (not applicable to market rate units)
9.
The Unit cannot be occupied exclusively by full tUne students. Should all ofllie
members ofyout household over the age oft8 become full time studentS, you
must notifY us immediately and either (1) arrange to become a market rate tenant at
an increased rental ifwe have market units available or (2) vacate the Unit. The
following exceptions apply:
A. You are married and file a joint tax return.
, .'
B. You receive benefits from Aid to Fanrlues with Dependent Children (AFDe), you
are enrolled in and receiv~ assistance under the Job TIaining Partnership Act (JTPA)
or a siI,nilar program, or you receive assistance under Title IV of the Social Security
Act.
C. You are a single parent with children and none of you is a dependent ofa
, third party;
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QUALU'IED UN1T LEASE
'ArtSpaee Norwich - 35 Chestnut Street. Norwich, CT
EVENTS OF DEFAULT.BYTENANT
10. If you commit or allow any of the fullowing violations of this Lease. we may at any
time thereafter. as permitted by law, re-enter and repossess the Unit by 5UJIIDJlU'Y
process proceedings (eviction) and we may move you and your belongings out in
accordance with state law without incurring any liability:
a. If you do not pay your Rent within ten (10) days after it is due;
b. rfyou do not pay fur your electric services with the result that the
'service is shut off or threatened to be shut off'by the utility company or
supplier; .
c. If you desert, abandon or vacate the Unit;
d. If you allow the Unit to be occupied by anyone othertban you and members
of your household as identified in this Lease and in your application for an
apartment at the Property;
e. If you do not notify us immediately of any changes in household compOsition;
f. If you violate the provisions of Paragraph 9; (not applicable to market rate
units)
g. If you cause tlllm"ge to your Unit or the ProJlCl1:Y (other than reasonable
wear and tear) and fail to repair or pay for the repair of any such dalnage;
h. If you fuil to comply with the requirements ofParagmph IS.E.
i If you use the Unit or any portion of the Property for any illegal putpOse;
J. If you fuil to maintain the required security deposit (if any portion of
your security deposit is used to pay for damage caused by you. you are
requjred to restore that amount);
k. If you misrepresent your income or any other material filet in connection
with your application fur an apartment at the Pro~ or any annual income
recertification;
1. . If you fiill to certify and anm:tally recertifY your income as required by the
Addendum to this Lease, (not applicable to market rate units.)
m If you viOlate any of the other provisions of this Lease or the Rules and
Regulations.
EVICTION
11.
Ifwe serve you with a notice to quit possession or ask the courts to evict you ~ause
of your detimIt under the Lease, you stilI remain obligated fa!;' all Rent due until the
end. of your Lease term.
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QUALIFIED UNIT LEASE
ArtSnace Norwich 35 Chestnut Street. Notwich. CT
DAMAGES
12. In any of the fOllowing cases, we may decide to seek a money judgment agliinst
you for unpaid Rent and/or damages under this lease.
, A. If you do DOt pay the stated monthly Rent promptly when due;
B. If you. your household, your guests or your agents damage the Unit or
Pro-" ,
l""~'J>
C. If your utilities are shut off due to your fiillure to pay fur them and the Unit
or Property is or may reasom.bly be expected to be damaged as a result;
D. tfyou do DOt comply with any and all provisions of this Lease and the
Rules and Regulations.
13. In the event it becomes necessary for US to take action to enfurce the terms of this
Lease or to co11ectany Sll.ll)S owing under the tenns ofthis,Lease, and we secure a
judgment against you or you admit tilult in writing, then you agree to pay all costs
incurred by us, including reasonable attorney's fees, which do not exceed those
allowed by law.
SECURITY DEPOSIT
14.A You have paid to us the amount' o1:~ v \..h)rri ~ afl 'St._~~..<I" dollars
($ (D~.t'i..., ) which we will bold as a security deposit. This'incJa'ey is being
held to insure that YOll will comply with all of the terms oftbis Lease. You will
receive interest on your security deposit once each year in accordance with state law
as fullows; the greater of (a) 1.5% per annnm; or (b) the Deposit Index, as
hereinafter defined, for such year. "Deposit Index" sball be published in the federal
reserve board bulletin in November of the prior year. The Deposit Index shall be
published by the banlcing co~sioner of the State of Connecticut in the Department
of Banking News Bulletin by December 15th of each year.
14.B. At the end or termination of this Lease, if you have satisfied all the obligations ofthe
Lease (including prompt rental payments), we agree to return the security deposit to'
you. You shall notify us of your forwarding address upon vacating the premises. The
money will be returned with interest within thirty (30) days of the end or termination
of the Lease.. If you have been delinquent fOr more than ten days in the payment of
any monthly Rent, you shall forfeit any interest on your security deposit which would
otherwise by payable to you fur that month, except that there shall be no such
folieiture ~ pursuant to the base, a late charge is imposed and paid by you fur every
such failure 'to pay the Rent by the tenth' of the month.
14.C. The security deposit is NOT your last month's Rent.
14.D. lfyou or your household or guests bave caused darol\gcs, we must give you alist of
those damllges within thirty (30) days after the end of your Lease and C8Il, subtract the
actual cost of those damages from your security deposit. We must return the rest of
your deposit to you within thirty (30) days of the date upon which you vacate the
Unit.
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ARTSPACE NORWICH
PAGE 05/07
, '.
QUALIFIED uNIT LEASE
. AnSpace Norwich - 35 Chestnut Street. Norwicp. CT
CONDITION OF UNIT, MAINTENANCE, REPAIRS AND IMPROVEMENTS
IS.A. Upon initial. move-in, we will provide you with a Unit Condition Checklist itemizing
any damage at the Commencement Date, which damage will not be your .
responsibility. The Manager and you will sign and date the checklist which will be
kept in your file. '
15.B. you will be responsible to keep the Unit in a clean condition at all times to prevent
msect and rodent infestations and to keep it in the saine condition as it was on the
Commencement Date except for normal wear and tear or equipment :fiillure. Any
damage ca.used by you. a member 'of your household or a housebold guest or invitee,
whether due to negligence Or misuse, intentional or unintentional, whether caused by
fire or other mishap or negligence, will be repaired by us and the entire cost of said
repair will be billed to you for payment in full on the first day of the next calendar
month. You agree promptly to noti1)r the Manager of any equipment failure,
breakage or other maintenance probtem and of any health or safety code violation or
damage that may endanger life or property.
I5.C. You agree to replace light bulbs at your expense, to clean interior window surfuces, to
keep hallways, entrances and other common lU'elIS free and clear of obstacles. toys,
trash or otl1er debris, to dispose of trash in prescn"bed receptacles, to follow the
recycling reqUirements established by the Manager and to dispose of any
enviromnentally hazardous substances or contaminants in accordance with all
applicable environrnentallaws.
15.0. We agree to maintain the Property in a deCent, safe and sanitary oondition in
confonnity with local housing, health and safety codes and local and state ordinances.
All health and safety code violations will be corrected. but further maintenance and
repairs may be subject to budget oonstraints. You agree to provide :reasonable access
to the Unit dudng business hours after being given reasonable notice for making .
improvements or repairs. In case of an emergency that may endanger life or property,
the Manager bas the right to enter the Unit immediately to make the necessary repair.
Reasonable eflbrt will be made to contact you. give you as mnch notice as possible,
describe the work to be done lUld disrupt your lMng conditions as little as possible.
I5.E. You agree not to paint or make any structural alterations or additions to either the
interior or the exterior of the Unit or Property without first obtaining written
permission from the Manager, which may be granted only after submission to .the
Manager of a written proposal with a budget. Any improvements made by you
shall at expiration of the lease remam'in the Unit, unless they are detachable and
canbe removed without damage to any part of the Unit or Property. Any .
UDauthorized improvements shall be removed and the Unit or Property sball be
restored to its condition at move-in at your sole cost and expense.
lNSPECIlONS
16.A. You are responsible fur the maintenance of the interior of your Unit and must return it
to us at the end of the Lease in the same condition as it was rented to you.
Reasollllble _ and tear are allowed. Ifwe need to enter your Unit to make routine
or re3SOllllble inspections and repairs, we will notify you abead of time and ask
permission. You may not unreasonably refuse or delay permission for inspectio~
repairs or extermination.
16.B. In case of emergency we may enter without notice to you and without }'our consent.
16.C. Pnor to move out the M&mger will make an inspection of your Unit so that you may
have the opportunity to correct any conditioIlS or damage for which you may incur
liability. Any repairs made by or on behalf of you must meet with the approval and
the satisfaction of the Manager, and they must be made prior to termination of your
occupanc:y, unless otherwise approved by the Manager.
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ARTSPACE NORWICH
PAGE 07/07
. .
QUALIFIED UNIT LEASE
ArtSpace Norwich - 35 Chestnut Street. Norwich. CT
DISCRIMINATION
18. . We are not pmnitted to discriminate against you in the terms of this Lease or in any
other respect ~ of your IaCe, color, creed, religion, sex, national origin,
handicap, or marital status.
ASSIGNMENT AND SUBLETTING
19. You may not assign this Lease, or your rights under this Lease or sublet your
Unit.. '
MISCEILANEOUS PROVISIONS
20.A This Lease.gives you rights in your Unit. Those rights are secondary (subordinate) to
any mortgages.now on the Property or which may be put on in the future. Any or aU
of those mortgages are a superior and prior lien to your lease upon recording
, regardless of the date of the recording.
20.B. ,In order fur us to subordinate this Lease to a mortgage, it may be necessary or
desb:ab1e fur us to have you execute (sign) more documents. For that purpose, you
agree to sign such, additional doCU11lel1tS if necessary, without cost. Ifwe ask. and
you refuse to sign a lease subordi11ation agreement, we then have the right to cancel
this Lease at no cost or damage to us.
21. If at any time we do not take action against you fur a violation of the tenns of this
Lease, we are not proln'bited :from taking action for a similar violation at a later time.
22. The invalidity of any clause, part or provision of this Lease shall not atfect the
wlidity oftbe remaining parts.
23. If you have any questions about your application or this Lease, or any pIOble~ once
you begin living in the Unit, you should contact the Manager.
TERMINATION OR NON-RENEWAL OF LEASE
24. If you desice not to renew this Lease. you may do so at the end of the Term or any
. renewal term by giving Written notice to the Manager at least two (2) full calendar .
months prior to the end of such term. If you do not give a full two (2) months' notice,
you are liable fur the Rent for the next two (2) full calendar montbs after giving
notice or until tbl;: date the Unit is rc--rented,. whichever comes first. You shall vacate
the Unit on or prior to the last day Qfthe Term
IN WITNESS WHEREOF, we have executed this Lease:
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WITNESS
tENANT
DATE: Id I I al
WITNESS
TENANT (
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GENERAL PARTNER
ARTSPACB HARTFORD LIMITED
PARTNERSIllP
DATE:
Version 0 1129/0 I
page 6 of6
~ IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY,
-} PLAINTIFF: r f-B E. c:: c Pi. k lJ H t-:j CIVIL ACTION' LAW
V l(('; PROTECTION FROM ABUSE
DEFENDANT ~TT R \ \.\}l-f~No-ll 8'~-ZOi.?O
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AND NOW.,this.Lk:: doilY of .. I'j-:l....., '~r .imd~~~.p~tef:J.Ori from
Abuse Act, '23pa_, C.S_A. !i, 61,01 et seo_, ii;:. 'is hereby ~~D '";:;'na:'~CTED:'
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DEFENDANT'S
EXHIBIT
'3.
ATrue Copy Attest
, Nancy Noll .
Clerk of Court .
Civil/Prothonotary .
.~~ SiO'~~S
First Monday j Jan. 2002
AU.-STATE lEGAL SUPPLV co.
Costs: $hall' l:ie paid' by the defemdant,
. CLERK OF CO~T SHALL FILE CERTIFIED PliOTOCOPY OF TIIIS ORDER WITH THE SHERIFF
AllD l\.LJL. POLICE DEPARTMENTS WHO,.HAVE BEEN DIREcTLy"NOTIJ(:t::ED OF THE PFA ORDER,
wHICH 'PHOTOCOPY 'SHALL BE 'SUFFICIENTCOtJRT AU'l'HO ION FOR E pRC NT.
BY
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SEE NOTICE TO PARTIES'
ON REVERSE SrDE.
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'EXHIBIT '''E'',
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IN Tlm COURT, OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA
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UNTIFF REBECCA KUIUl,>""" _~L ACTION" LAW '
v. r- j'L !:.UOTECTION FROM ABUSE
.FENDANT_ SCOTT R. KUHN 00 .N?- C0048!F-f.~~'t98M~itest .
'2'01 JAN 12 All' r; 0 Nancy Noll
D.O.B.: ss*. ' L , 0 o' L Clerk of Court
, ,0._ O. o. . Civil/Prothonotary
. . ClERI\ OF 1Jh'l~.!:J:. 'f2~
ORDER OF COURT ONDER Blilb~1l1i'f BI.r AB~T ~.,siO[1 Expires
,', 'NORTHI>.MPTON COUNTY Pl>.o;rst Monday Ir\ Jan. 2002
AND NOW, this. ~ 0 d~'-Y of
, --2L, Under ~e'.protectiOli from
Abuse Act, 23 pa.,C.S_A_ !j6101 et.s;eo-, i-i;:'ishereby ORDERED anci'DIRECTED:
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DEFENDANT'S
EXHIBIT
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.u.-$TATE LEGAl. suPPL V cO.
Costs.. sball be paid' by the defendant,
. CLERK OF COURT SHl\.LL FJ;LE CER;rIFJ;ED PHOTOCOPY OF THIS ORDER WITH THE SHERIFF.
AND ALL, POLICE DEPARTMENTS WHO. HAVE BEEN DIRECTLY NOTIFIJ::D OF THE PFA ORDER,
WHICH PHOTOCOPY SHALL BE SUFFICIENTCO-qRT AUTHORIZATION FOR ENFORCEMENT_
BY
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SEE NOTICE TO PARTIES
. ON REVERSE SIDE
'EXHIBIT "D'''- '
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SCOTT R. KUllN , : IN THE CXJURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND CXJUNTY, PENNSYLVANIA
.
.
vs. : NO. 01-1027 CIVIL TERM
: CIVIL ACTION - LAW
REBECCA J. KUllN , :
Defendant .
.
. CUSTODY
.
aIDER OF CXXlRT
AND IOIJ, this Jo~
consideration of the attached
and directed as follows:
day of VII ~
CUstody COnciliation Report,
, 2001, upon
it is ordered
1. The parties shall submit themselves, their Child, and any other
individuals deemed necessary by the evaluator to a custody evaluation to be
performed by a professional selected by agreement of the parties. The
purpose of the evaluation shall be to obtain independent professional
recommendations concerning ongoing custody arrangements which will best
serve the interests of the Child. The parties shall equally share all
costs of the evaluation. The parties shall sign all authorizations deemed
necessary by the evaluator in order to obtain additional information
pertaining to either the parties or the Child.
2. The Father, Scott R. Kuhn, and the Mother, Rebecca J. Kuhn, shall
have shared legal custody of Nova C. Kuhn, born May 2, 1997. Each parent
shall have an equal right, to be exercised jointly with the other parent,
to make all major non-emergency decisions affecting the Child's general
well-being including, but not limited to, all decisions regarding her
health, education and religion.
3. Pending completion of the custody evaluation and further Order of
Court or agreement of the parties, the Mother shall have primary physical
custody of the Child and the Father shall have partial custody on
alternating weekends. In the event the Father is able to make an
adjustment to his employment schedule, the periods of weekend custody shall
run from Friday at 10:00 a.m. through Monday at 12:00 noon. In the event
the Father is not able to make an adjustment to his employment schedule,
the alternating weekend period of custody shall run from Friday at 10:00
a.m. through Sunday at 4:30 p.m. Unless otherwise agreed between the
parties, the party receiving custody shall be responsible to provide
transportation for the exchange of custody. In the event the Mother is
unavailable to assume custody of the Child on Sunday at 4:30 p.m., the
Mother shall be responsible to make alternative arrangements for the Child
during her period of unavailability.
4. within 60 days after receipt of the evaluator's custody
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recommendations, in the event the parties are not at that time able to
reach an agreement as to all outstanding custody issues, counsel for either
party may contact the COnciliator to schedule an additional Custody
Conciliation Conference.
J.
cc: Lawrence J. Rosen, Esquire - COunsel for Father
Mark C. Duffie, Esquire - Counsel for Mother
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scorr R. KUllN , : IN THE CXJURT OF CXJMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. : NO. 01-1027 CIVIL TERM
: CIVIL ACTION - LAW
REBECCA J. KUllN, .
.
Defendant .
.
. CUSTODY
.
PRICR JUDGE: J. Wesley Oler, Jr.
CIlSTODY cnlCILIATlOO SUMMARY REPORT
IN ACOCtIDANCE WITH CUMBERLAND COUN'lY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CIlSTODY OF
Nova C. Kuhn
May 2, 1997
Mother
2. A Conciliation COnference was held on March 21, 2001, with the
following individuals in attendance: The Father, Scott R. Kuhn, with his
counsel, Lawrence J. Rosen, Esquire, and the Mother, Rebecca J. Kuhn, with
her counsel, Mark C. Duffie, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
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Date
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Dawn S. Sunday, Esquire
CUstody Conciliator
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SCOTT R. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
REBECCA J. KUHN,
Defendant
NO. 01-1027 CIVIL TERM
ORDER OF COURT
AND NOW, this 3rd day of May, 2001, upon consideration of Defendant's Petition
for Special Emergency Relief Pursuant to Pa. R.C.P. 1920.43 and 1915.13, and of
Defendant's Petition for ex Parte Supplemental Special Emergency Relief, and following
a hearing held on May 1, 2001, at which the evidence tended to show that Plaintiff and
his girlfriend were living in the parties' marital residence, that Defendant had relocated to
Bangor, Northampton County, Pennsylvania, with the parties' daughter based upon an
agreement that Plaintiff would pay the rent of $765.00 per month on a certain house
which the parties leased for Defendant's residence, that Plaintiff has failed to make such
payments for three months, as a consequence of which Defendant is about to be evicted,
and that Plaintiff has failed to make any payments on a child support obligation entered
in Northampton County with respect to the parties' child, Defendant's petition for
emergency relief is granted to the extent that Plaintiff is directed to pay Defendant the . t\ \.,
sum of$2,295.00 forthwith. ~ ()\
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BY THE COURT,
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ALL OTHER RELIEF is denied at this time.
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Lawrence J. Rosen, Esq.
1101 N. Front Street
Harrisburg, P A 17102
Attorney for Plaintiff
Mark C. Duffie, Esq.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Attorney for Defendant
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SCOTT R. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
REBECCA J. KUHN,
Defendant
No. 01-1027 CIVIL TERM
ORDER OF COURT
AND NOW, this 1st day of May, 2001, pursuant
to an agreement of counsel in the person of Lawrence J.
Rosen, Esquire, on behalf of the Plaintiff, and Mark C.
Duffie, Esquire, on behalf of the Defendant, with respect
to Defendant's Petition for ex Parte Supplemental Special
Emergency Relief, and Defendant's petition for Special
Emergency Relief Pursuant to Pa. R.C.P. 1920.43 and
1915.13, issues relating to custody and the exchange of
various items of personal property are deferred to
disposition by the parties outside of the court proceeding
herein, without prejudice to either party's rights to raise
those issues at a later time, if deemed appropriate.
By the Court,
J.
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Lawrence J. Rosen, Esquire
1101 N. Front Street
Harrisburg, PA 17102
For the Plaintiff
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Mark C. Duffie, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
For the Defendant
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SCOTT R. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
REBECCA J. KUHN,
Defendant
No. 01-1027 CIVIL TERM
ORDER OF COURT
AND NOW, this 1st day of May, 2001, upon
consideration of Defendant's Petition for Special Emergency
Relief Pursuant to Pa. R.C.P. 1920.43 and 1915.13, and of
Defendant's Petition for ex Parte Supplemental Special
Emergency Relief, and following a hearing at which the
issues for disposition by the Court at this time were said
to be the question of the Defendant's residence and the
Defendant's situation with respect to an automobile, the
record is declared closed, and the matter is taken under
advisement.
By the Court,
J.
Lawrence J. Rosen, Esquire
1101 N. Front Street
Harrisburg, PA 17102
For the plaintiff
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Mark C. Duffie, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
For the Defendant
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SCOTT R. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
v.
REBECCA J. KUHN,
Defendant
NO. 01-1027 CIVIL TERM
ORDER OF COURT
AND NOW, this 8th day of October, 2001, upon consideration of
Defendant's Petition for Emergency Custody and of Defendant's Counter Petition for
Custody and Relocation, with respect to the parties' child, Nova C. Kuhn (d.o.b. May 2,
1997), and following a hearing held on October 3, 2001, and the court finding (1) that
Plaintiffs relocation to Connecticut was not motivated by a desire to frustrate the custody
rights of Plaintiff or to impede the development of a healthy relationship between the
child and Plaintiff, (2) that the relocation, which was precipitated by Defendant's failure
to provide certain financing which he had promised for a Pennsylvania residence for
Plaintiff and the child and which has resulted in Plaintiffs acquisition of employment
and a new residence, is likely to significantly improve the quality of life for her and the
child, (3) that substitute custodial arrangements are feasible which will ensure a
continuing, meaningful relationship between Plaintiff and the child, and (4) that the
following terms of custody will serve the best interests of the child, it is ordered and
directed as follows:
1. Legal custody ofthe child shall be shared by the parties;
2. Primary physical custody of the child shall be in Defendant
(the mother), whose relocated residence in Connecticut is approved;
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3. Temporary or partial physical custody of the child shall be in
Plaintiff (the father) at the following times:
a. During the school year,
(I) On one weekend out of every four, from
Friday at 6:00 p.m. until Sunday at 6:00 p.m.;
provided, that where the following Monday is a federal
holiday, the period of temporary or partial physical
custody shall extend to 4:00 p.m. on Monday;
(2) From 3:00 p.m. on Christmas Day until
3 :00 p.m. on December 30, and from 4:00 p.m. on
Thanksgiving Day until 3:00 p.m. on the following
Sunday;
b. During the summer, for four weeks at the beginning
of the summer and for three weeks at the end of the summer;
4. Exchanges of custody shall take place at a point midway
between the parties' homes, and shall be coordinated with exchanges
of custody of another child of Defendant, Howard G. Off enger, IV.
5. Nothing herein is intended to preclude the parties from
deviating from the terms of this order by mutual consent.
BY THE COURT,
.t/{
Wesley 01
Lawrence J. Rosen, Esq.
1101 N. Front Street
Harrisburg, P A 17102
Attorney for Plaintiff
Mark C. Duffie, Esq.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Attorney for Defendant
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SCOTT R. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
REBECCA J. KUHN,
Defendant
No. 01-1027 CIVIL TERM
ORDER OF COURT
AND NOW, this 3rd day of October, 2001, upon
consideration of Plaintiff's Petition for Emergency Custody
and of Defendant's Counter Petition for Custody and
Relocation with respect to the parties' child, Nova C. Kuhn
(date of birth, May 2, 1997), and following a hearing held
on this date, the record is declared closed, and the matter
is taken under advisement.
By the Court,
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Lawrence J. Rosen, Esquire
1101 N. Front Street
Harrisburg, PA 17102
For the Plaintiff
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Mark C. Duffie, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
For the Defendant
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By: Mark C. Duffie
I.D. No. 75906
30 I Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Petitioner
SCOTT R. KUHN,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-1027
v.
REBECCA J. KUHN,
CIVIL ACTION - LAW
Defendant/Petitioner
IN CUSTODY
PETITION FOR CONTEMPT
AND NOW, this 8th day of October, 2001, comes the Petitioner, Rebecca J. Kuhn, by and through
her counsel, Johnson, Duffie, Stewart & Weidner and files the within Petition for Contempt and offers the
following averments in support of said Petition:
1. The Petitioner is Rebecca J, Kuhn, who currently resides at 35 Chestnut Street, Apt. 103,
Norwich, Connecticut 06360.
2. The Respondent is Scott R. Kuhn, who currently resides in the marital residence at 708
Cocklin Street, Mechanicsburg, PA 17055.
3, The parties hereto are married.
4, The parties are the natural parents of a minor child, Nova C. Kuhn (DOB 5/2/97).
5. The Respondent filed a Complaint in Divorce with the Count for Custody on February 21,
2001.
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6, The Petitioner filed a Petition for Special Emergency Relief on April 18, 2001 requesting that
Respondent return to wife certain personal property, the majority of which was non-marital. The Petition for
Special Emergency Relief further asked this Honorable Court to restrict the husband from leaving the minor
child in the care of only himself and the maternal grandmother or paternal grandparents. Lastly, the Petition
requested this Honorable Court direct husband to pay rent on the Bangor, Pennsylvania home in which
Petitioner formerly resided.
7, On April 27, 2001, Petitioner filed a Petition for Ex Parte Supplemental Special Emergency
Relief requesting that a 1987 Toyota pickup titled in Respondent's name be turned over to the possession of
Petitioner.
8, On May 3, 2001, this Honorable Court issued an Order denying all requested relief other than
directing Respondent to pay Petitioner the sum of $2,295,00 forthwith. A true and correct copy of said Order
is attached herein and incorporated herein as Exhibit "A".
9, On or about May 14, 2001, the Respondent delivered a check in the amount of $1,000.00 to
Petitioner's counsel. A true and correct copy of said check is attached hereto and incorporated herein as
Exhibit "B".
10. The balance, One Thousand Two Hundred ($1,295.00), remains unpaid to date.
11. Despite a demand for payment, the Respondent has refused to comply with the terms of the
May 3, 2001 Order of Court.
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WHEREFORE, the Petitioner requests this Honorable Court to issue a Rule to Show Cause Upon
the Respondent asking the Respondent to demonstrate why he should not be held in contempt for failing to
comply with the May 3, 2001 Order of Court directing that he pay One Thousand Two-Hundred Ninty-Five
($1.295.00) Dollars immediately to Petitioner's Counsel along with Counsel fees of Five Hundred ($500.00)
Dollars and other reasonable costs associated with the preparation and prosecution of this Petition.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WElD
L[J
k C. Duffie
ttorney 1.0. No. 759
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0
(717) 761-4540
Attomeys for Petitioners
DATED:
IlIlt
,2001
:147913
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VERIFICA TlON
I, MARK C. DUFFIE, do verify that the statements made in the foregoing Petition for Contempt are
true and correct to the best of my knowledge, information and belief. I understand that false statements
made herein are subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
Dated:
(ot~
,2001
:147913
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CERTIFICATE OF SERVICE
I. Mark C. Duffie, of the law firm of Johnson, Duffie, Stewart & Weidner, attorneys for Rebecca Kuhn,
do hereby certify that I served a true and correct copy of the attached Petition for Contempt by United States
Mail, first class, postage prepaid, and faxed upon the Counsel listed below:
Lawrence J. Rosen, Esquire
1101 North Front Street
Harrisburg, PA 17102
717-234-3650 (Fax)
Date: 111\\\0\
:147913
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SCOTT R. KUHN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
REBECCA J. KUHN,
Defendant
NO. 01-1027 CIVIL TERM
ORDER OF COURT
AND NOW, this 3rd day of May, 2001, upon consideration of Defendant's Petition
for Special Emergency Relief Pursuant to Pa. R.C.P. 1920.43 and 1915.13, and of
Defendant's Petition for ex Parte Supplemental Special Emergency Relief, and following
a hearing held on May 1, 2001, at which the evidence tended to show that Plaintiff and
his girlfriend were living in the parties' marital residence, that Defendant had relocated to
Bangor, Northampton County, Pennsylvania, with the parties' daughter based upon an
agreement that Plaintiff would pay the rent of $765.00 per month on a certain house
which the parties leased for Defendant's residence, that Plaintiff has failed to make such
payments for three months, as a consequence of which Defendant is about to be evicted,
and that Plaintiff has failed to make any payments on a child support obligation entered
in Northampton County with respect to the parties' child, Defendant's petition for
emergency relief is granted to the extent that Plaintiff is directed to pay Defendant the
sum of$2,295.00 forthwith.
ALL OTHER RELIEF is denied at this time.
BY THE COURT,
J.
EXHIBIT "A"
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Lawrence J. Rosen, Esq.
1101 N. Front Street
Harrisburg, P A 17102
Attorney for Plaintiff
~a . Duffie, Esq.
I Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Attorney for Defendant
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SCOTI R. KUHN
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
01-1027 CIVILACTIONLAW
REBECCA J. KUHN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, October 24, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective conosel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, FA 17055 on Wednesday, November 14, 2001 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide gronods for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl
Dawn S. Sunday. Esq. 60'\
Custody Conciliator
The Court of Common Pleas of Cumberland Conoty is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATTORNEY 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
Telephone (717) 249-3166
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SCOTT R. KUHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO.01-1027
CIVIL ACTION LAW
REBECCA J. KUHN,
Defendants
IN CUSTODY
ORDER OF COURT
AND NOW, this I st day of November, 2001, the Conciliator, being advised by
Defendant's counsel that the Petition filed by Defendant concerning property issues was mistakenly
assigned to conciliation, hereby relinquishes jurisdiction. The Custody Conciliation Conference
scheduled for November 14, 2001 is canceled.
FOR THE COURT,
~~~r
Dawn S. Sunday, Esquire
Custody Conciliator
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SCOTT R. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
REBECCA J. KUHN,
Defendant
NO. 01-1027 CIVIL TERM
IN RE: AGREEMENT OF THE PARTIES
ORDER OF COURT
AND NOW, this 14th day of February, 2002,
upon consideration of Defendant's Petition for Contempt,
and pursuant to an agreement reached in court on behalf of
the parties by their respective counsel, Lawrence J. Rosen,
Esquire, for the Plaintiff, and Mark C. Duffie, Esquire,
for the Defendant, it is ordered and directed as follows:
1. Defendant's petition for Contempt is
deemed withdrawn.
2. The Order of Court dated May 3, 2001,
requiring inter alia that the Plaintiff pay to the
Defendant the sum of $2,295.00 is hereby amended to reflect
that the balance due on that sum ($1,295.00) shall be
payable by the Plaintiff in monthly increments of $50.00,
the first said monthly payment to be made on or before
March 1, 2002.
By the Court,
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Lawrence J. Rosen, Esquire
1101 North Front Street
Harrisburg, PA 17102
For Plaintiff
Mark C. Duffie, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
For Defendant
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SCOTT R. KUHN
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V.
01-1027 CIVILACTlONLAW
REBECCA J. KUHN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, July 24, 2003
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Suuday, Esq.
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, AU2ust 26, 2003
, the conciliator,
at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide gronods for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Cnstody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: Isl
Dawn S. Sunday. Esq.
Custody Conciliator
</
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For ioformation about accessible facilities and reasonable accommodations
available to disabled individuals having busioess before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or busioess before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland Conoty Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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SCOTT R. KUHN,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-1027
REBECCA J.KUHN,
Defendant
CIVIL ACTION - LAW
IN CUSTODYNlSITATION
PLAINTIFF SCOTT R. KUHN'S PETITION FOR MODIFICATION
OF CUSTODY ORDER
AND NOW, comes the Plaintiff, Scott R. Kuhn, and files this Petition for
Modification of Custody Order, as follows:
1. Plaintiff Scott R Kuhn (hereinafter "Plaintiff') is an adult individual
currently residing at 1506 Simpson Ferry Road, New Cumberland
Pennsylvania.
2. Defendant Rebecca J. Kuhn (hereinafter "Defendant") is an adult
individual currently residing, upon information and belief, at 514 Grahams
Woods Road, Carlisle Pennsylvania.
3. The parties are the parents of one child, Nova C. Kuhn, born May 2, 1997.
4. Prior custody Orders have been entered in this matter, dated March 30,
2001 and June 5, 2001. Said Orders are attached hereto as Exhibit "A".
5. It is believed, and therefore averred, that the minor child is currently
sleeping in a tent outside the home of her maternal grandparents.
6. Defendant has consistently failed to maintain a stable living environment
for the child, and has not maintained a permanent residence.
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7. It is believed and therefore averred that Defendant may move out of the
state without notifying Plaintiff, as she has attempted to do in the past.
8. The current custody order does not accurately reflect the current custody
schedule being followed by the parties.
9. Defendant does not provide adequate or suitable access to the child
during periods of holidays and vacation.
10. Plaintiff requires a modification of the existing order to further establish his
rights and more specifically establish a suitable custody schedule.
WHEREFORE, Plaintiff Scott R. Kuhn respectfully requests this Honorable
Court modify the current custody order.
RespectfUlly submitted,
LAW OFFICES OF MARK K. EMERY
By:
~
Mark K. Emery, Es
Supreme Court I. . No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Plaintiff
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DATE: 7- ({-o3
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VERIFICATION
I, Scott R. Kuhn, hereby verify that I have read the foregoing Petition for
Modification and that the information contained therein is true and correct to the
best of my knowledge, information and belief. I understand that false statements
herein are subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
~~/C
Scott R. Kuhn
DATE: '7~I~o '3
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SCOTT R. KUHN
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
01-1027
CIVIL ACTION LAW
REBECCA J. KUHN
Defendant
IN CUSTODY
ORDER
AND NOW, this 23RD day of September. 2003
, the conciliator, being advised by
counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes
jurisdiction. The Custody Conciliation Conference schedule for today, September 23, 2003 is
cancelled.
FOR THE COURT,
D~
Custody Conciliator
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SCOTT R. KUHN
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V,
01-1027 CIVIL ACTION LAW
REBECCA J. KUHN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, February 24, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Snnday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, March 24, 2004 at 1:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent oTder.
The court hereby directs the parties to furnish any and aU existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinj!;.
FOR TIIE COURT.
By: Isl
Dawn S. Sunday, Esq.
Custody Conciliator
G
The Court of Common Pleas of Cumberland County is requiTed by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office,
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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SCOTT R. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-1027
vs.
REBECCA J.KUHN,
Defendant
CIVIL ACTION - LAW
IN CUSTODYNlSITATION
PLAINTIFF SCOTT R. KUHN'S PETITION FOR MODIFICATION
OF CUSTODY ORDER
AND NOW, comes the Plaintiff, Scott R. Kuhn, and files this Petition for
Modification of Custody Order, as follows:
1. Plaintiff Scott R. Kuhn (hereinafter "Plaintiff") is an adult individual
currently residing at 316 3rd Street, New Cumberland Pennsylvania.
2. Defendant Rebecca J. Kuhn (hereinafter "Defendant") is an adult
individual currently residing, upon information and belief, in Boiling
Springs, Pennsylvania.
3. The parties are the parents of one child, Nova C. Kuhn, born May 2, 1997.
4. Prior custody Orders have been entered in this matter, dated March 30,
2001 and June 5, 2001.
5. Defendant has consistently failed to maintain a stable living environment
for the child, and has not maintained a permanent residence.
6. It is believed and therefore averred that Defendant may move out of the
state without notifying Plaintiff, as she has attempted to do in the past.
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.
7. The current custody order does not accurately reflect the current custody
schedule being followed by the parties.
8. Defendant does not provide adequate or suitable access to the child
during periods of holidays and vacation.
9, A prior Petition for Modification was filed on July 21,2003, and a
Conciliation Conference was scheduled for September 23, 2003.
10. Defendant had agreed to a stipulated custody agreement, but, after
improperly notifying the Conciliator that such agreement was entered, has
failed and refused to execute such stipulation.
11. Plaintiff requires a modification of the existing order to further establish his
rights and more specifically establish a suitable custody schedule.
WHEREFORE, Plaintiff Scott R. Kuhn respectfully requests this Honorable
. Court modify the current custody order.
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
DATE: ;/ I <6-c?'-l
By: P~~7P-Z::--..
Mark K. Emery, Esquire
Supreme Court 1.0. No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Plaintiff
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VERIFICATION
I, Scott R. Kuhn, hereby verify that I have read the foregoing Petition for
Modification and that the information contained therein is true and correct to the
best of my knowledge, information and belief. I understand that false statements
herein are subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn
falsification to authorities.
~G~~
Scott R. Kuhn
DATE: J- (<f"o<{
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CERTIFICATE OF SERVICE
AND NOW, this 18th day of February, 2004, I, Mark K. Emery, Esquire do
hereby certify that I have served the foregoing Petition for Modification of
Custody Order by mailing a true and correct copy via United States first class
mail, addressed as follows:
Mark C. Duffie, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
LAW OFFICES OF MARK K. EMERY
BY:~~
Mark K. Emery
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SCOTT R. KUHN,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2001-1027
CIVIL ACTION - LAW
: IN CUSTODYNlSITATION
REBECCA J.KUHN,
Defendant
AFFIDAVIT OF SERVICE
I, Mark K. Emery, Esquire do hereby certify that I have served the Order of
Court, dated February 24, 2004, establishing the date of the Custody
Conciliation, by mailing a true and correct copy via United States first class mail,
addressed as follows:
Mark C. Duffie, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
LAW OFFICES OF MARK K. EMERY
BY:~~..
Mark K. Emery ~
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J.ohnson, Dnffie, Stewart & Weidner
By: Mark C. Duffie
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant
SCOTT R. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 2001-1027
v,
CIVIL ACTION - LAW
REBECCA J. KUHN,
IN DIVORCE
Defendant
DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION
TO ENFORCE PROPERTY SETTLEMENT AGREEMENT
AND REQUEST FOR SANCTIONS AND A TTORNEY'S FEES
AND NOW, this ~ day of March. 2004, comes Defendant, Rebecca J. Kuhn, by and through her
attorneys, Johnson, Duffie, Stewart & Weidner, and files this Answer to Plaintiff's Motion to Enforce Property
Settlement Agreement and Request for Sanctions and Attorney's Fees, as follows:
1. Admitted.
2. Admitted.
3, Admitted.
4, Denied. On December 16, 2003, the undersigned counsel for the Defendant mailed to the
office of the Prothonotary in the Cumberland County Courthouse all necessary documents to obtain a final
Divorce Decree. A true and correct of copy of said correspondence and the attachments thereto are
attached hereto and incorporated herein as Exhibit "A". By way of further response, counsel for Plaintiff was
copied on said correspondence and is now aware of the good faith attempts made to finalize the divorce.
Further, the undersigned counsel for Defendant has contacted the office of the Prothonotary in Cumberland
County who indicated that they have not received this correspondence and the attached documents. The
undersigned counsel for Defendant has attempted to locate said correspondence and documents at the post
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office and has been unsuccessful. The undersigned counsel for Defendant is in the process of securing new
signatures on the necessary documents to obtain a Divorce Decree.
5. Denied. The undersigned counsel for Defendant has returned voice mail messages by e-
mail and correspondence which Plaintiff's counsel disregards in his Motion.
6. Admitted.
7. Denied. The undersigned counsel for Defendant did comply with the Settlement Agreement
by forwarding by mail the correspondence attached hereto as Exhibit "A". The circumstances beyond
counsel's control have caused a delay in finalizing this divorce.
8. Admitted.
9. Denied. The undersigned counsel for Defendant has attempted to comply with the
Agreement and circumstances beyond counsel's control have improperly delayed and hampered the
disposition of this matter.
10. Denied. The averment set forth in Paragraph 10 is denied and irrelevant to this Motion to
Enforce the Property Settlement Agreement.
11. Denied in part. Admitted in part. It is denied that difficulties in the custodial arrangement
were created by Defendant. It is admitted that Plaintiff filed a Petition for Modification of Custody on July 21,
2003.
12. Admitted.
13. Denied. The undersigned counsel to the Defendant believed that the parties had reached a
Stipulation for Custody and believed that the parties were jointly requesting a continuance to formalize that
Stipulation. Any inference that the undersigned made any intentional misrepresentation is strictly denied.
14. Denied. The parties reached an agreement orally, but prior to formalizing that agreement,
circumstances have changed which may require further minor modifications of the Custody Agreement.
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15. Denied. The parties did not reach an agreement with respect to custody a second time.
16. Denied. Due to the actions of both parties, Plaintiff filed a Petition for Modification of
Custody.
17, Denied. Counsel for Defendant made a good faith effort to finalize the divorce and file the
necessary documents to obtain a Decree, but the circumstances beyond counsel's control caused a delay.
The imposition of attorney's fees under the Property Settlement Agreement, the Divorce Code and/or 42
P.C,S.A. !'j2503 is not warranted.
WHEREFORE, Defendant respectfully request this Honorable Court to deny Plaintiff's Motion save
requiring Defendant to file all necessary documentation to obtain a Decree in Divorce within ten (10) days of
the Order.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & NER
Mark C. Duffie
Attorney I.D. No, 759
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Defendant
By:
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CERTlFICA TE OF SERVICE
AND NOW, this 1!!day of March, 2004, the undersigned does hereby certify that she did this date
serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in
the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Mark K. Emery, Esquire
Law Offices of Mark K. Emery
410 N. Second Street
Harrisburg, PA 17101
JOHNSON, DUFFIE, STEWART & WEIDNER
By:~61MJ
Jennife . Bixler
Legal Assistant
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JERRY R. DUFFIE
RICHAlID W. STEWART
C. ROY WEIDNER, JR.
EDMUND G. MYERS
DAVID W. DELUCE
RALPH H. WRIGIIT. JR.
DAVID J. LANZA
MARK C. DUFFlE
MEUSSA PEEL GREEVY
MICHAEL J. CASSIDY
ROBERT M, WALKER
LAW OFFICES
JOHNSON, DUFFIE, STEWART & WEIDNER
A Professional Corporation
301 MARKET STREET
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043-0109
WEBSITE: www.jdsw.com
HORACE A. JOHNSON
CoUNSEL 10 lHE FIRM
TELEPHONE 717.761.4540
FACSIMILE 717.761.3015
E-MAIL mail@jdsw.com
WRITER'S EXT, NO, 116
E-MAIL mcd@jdsw.com
December 16, 2003
Office of the Prothonotary
CUMBERLAND COUNTY COURTHOUSE
One Courthouse Square
Carlisle, PA 17013
Re: Scott R. Kuhn v. Rebecca J. Kuhn
Cumberland County C.C.P.
Docket No. 01-1027 Civil Term
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ladies and Gentlemen:
Enclosed herewith please find the following documents to finalize the above-referenced
divorce matter:
1. An original and one copy of a Praecipe to Transmit the Record;
2. An original and one (1) copy of an Affidavit of Consent signed by the Plaintiff;
3. An original and one (1) copy of an Affidavit of Consent signed by the Defendant;
4. An original and one (1) copy of a Waiver of Notice of Intention to Request
Entry of a Divorce Decree signed by the Plaintiff;
5. An original and one (1) copy of a Waiver of Notice of Intention to Request
Entry of a Divorce Decree signed by the Defendant;
6, An original and one (1) copy of an Affidavit waiving marriage counseling
signed by the Plaintiff;
7. An original and one (1) copy of an Affidavit waiving marriage counseling
signed by the Defendant;
8, Vital Statistics Form;
9, Social Security Information Sheet; and
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December 16, 2003
Page 2
10. Three (3) original Decrees in Divorce with copies of the Properly Settlement
Agreement attached, which is to be incorporated by reference into the Divorce
Decree.
Please return one signed and sealed Divorce Decree to me in the envelope provided,
along with the clocked-in copies of all other documents herein. Please also return one signed
and sealed Divorce Decree to Plaintiffs attorney in the envelope provided.
Thank you for your assistance in this matter. Please do not hesitate to call if you have
any questions or need anything further from me.
Very truly yours,
JOHNSON, DUFFIE, STEWART & WEIDNER
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Mark C. Dut!"
rnrnb:222185
12309-1
Enclosures
c: Mark K. Emery, Esquire (without enc.)
Ms. Rebecca J. Kuhn (without enc;)
Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
!.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant
SCOTT R. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1027 Civil Term
v,
CIVIL ACTION - LAW
REBECCA J. KUHN,
IN DIVORCE/CUSTODY
. Defendant
PRAECIPE TO TRANSMIT RECORD
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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 !l3301(c) ofthe Divorce Code.
2. Date and manner of service of the Complaint: Certified copy of Divorce Complaint personally
served upon Defendant by Sheriff on March 13, 2001. A copy of the Sheriff's Return is on file in the
Prothonotary's office.
3, Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code:
by the Plaintiff: November 25, 2003; by the Defendant: December 3,2003.
4.
Related claims pending:
None.
5, Both Plaintiff and Defendant are filing Waivers of Notice of Intention to Request Entry of
Divorce Decrees dated November 25,2003, and December 3, 2003, respectively, concurrently herewith.
Dated:
IDNER
By:
M C. Duffie J
Attorney I.D, No. 75 lQ6
Attorneys for Defendant
:222183
Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
I.D. No. 75906
301 Market Street
p, O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant
SCOTT R. KUHN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 01-1027 Civil Term
v,
CIVIL ACTION - LAW
REBECCA J, KUHN.
IN DIVORCE/CUSTODY
Defendant
AFFIDA VlT OF CONSENT
1, A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on February 21,
2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of service of the Complaint.
3. I consent to the entry of a final decree in divorce after servic.e of notice of intention to request
entry of the decree.
4. I have been advised of the availability of marriage counseling, understand that the Court
maintains a list of marriage counselors and that I may request the Court require my sp?use and I to participate
in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in
counseling prior to the divorce becoming final.
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. S4904 relating to unsworn falsification to
authorities.
Date:
J I -;Y:; -0 j
S ( JS=ttK- \{ uJv----.
Scott R. Kuhn
:218827
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Jobosoo, Doffie, Stewart & Weidner
By: Mark C. Duffie
ID. No, 75906
301 Market Street
p, O. Box J09
LenlOyoe, Pennsylvania 17043-0109
(717) 7614540
Attorneys for Defendant
SCOTT R KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 01-1027 Civil Term
v,
CIVIL ACTION - LAW
REBECCA J, KUHN,
IN DIVORCE/CUSTODY
Defendant
AFFIDA VlT OF CONSENT
1, A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on February 21,
2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and. ninety days have elapsed
from the date of 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.
4, I have been advised of the availability of marriage counseling, understand that the Court
maintains a list of marriage counselors and that I may request the Court require my spouse and 1 to participate
in counseling and. being so advised, I do not request that the Court require that my spouse and I participate in
counseling prior to the divorce becoming final.
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. !l4904 relating to unsworn falsification to
authorities.
Date:{lcNab~?J; 2JJO 3
~JeeCtL-1 ~
Rebecca J. Kuhn
:218827
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.fohnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
I.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant
SCOTT R. KUHN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 01-1027 Civil Term
v,
CIVIL ACTION - LAW
REBECCA J. KUHN,
IN DIVORCE/CUSTODY
Defendant
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DNORCE CODE
TO: SCOTT R. KUHN, Plaintiff
1, I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights conceming 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 made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to
authorities,
Date: / /. J )~'o~
~(~
Scott R. 'Kuhn, Plaintiff
:218827
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
LD. No, 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant
SCOTT R KUHN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 01-1027 Civil Term
v,
CIVIL ACTION - LAW
REBECCAJ. KUHN,
IN DIVORCE/CUSTODY
Defendant
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
TO: REBECCA J. KUHN, Defendant
1. I consent to the entry of a final decreE;l in 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 I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to
authorities.
Date:
{J~~2)YI}J&( 0 J 2003
:218827
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Johnson, I)uffie, Stewart & Weidner
By: Mark C. Duffie
. J.D. No, 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant
SCOTT R. KUHN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 01-1027 Civil Term
v.
CIVIL ACTION - LAW
REBECCA J, KUHN,
IN DIVORCE/CUSTODY
Defendant
AFFIDA Vir
I, SCOTT R. KUHN, being duly sworn according to law, depose and state:
1. I have been advised of the availability of marriage counseling and understand that I may
request that the court require that rny spouse and I participate in counseling.
2, I understand that the court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request.
3, Being so advised, I do not request that the court require that my spouse and I participate in
counseling prior to a divorCEil decree being handed down by the court,
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. 94904, relating to unsworn falsification to
authorities,
Date: If. d';-, 0 "3
5~ \(vJ-r-
Scott R. Kuhn
:218827
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Johnson, Dnffie, Stewart & Weidner
By: MllTk C. Duffie
I.D. No. 75906
301 Market Street
p, O. Box 109
Lemoyne, Pennsylvani~ 17043-0109
(717) 761-4540
Attorneys for Defendant
SCOTT R KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, Q1-1027 Civil Term
v,
CIVIL ACTION - LAW
REBECCAJ, KUHN,
IN DIVORCE/CUSTODY
Defendant
AFFIDA V1T
I, REBECCA J. KUHN, being duly swom according to law, depose and state:
1, I have been advised of the availability of marriage counseling and understand that I may
request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request.
3, Being so advised. I do not request that the court require that my spouse and I participate in
counseling prior to a divorce decree being handed down by the court.
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. 94904, relating to unsworn falsification to
authorities.
Date: 'iJeCUiJ)f;? r3,. 2f)tJ ~
~r; -f(~
R becca J. Kuh
:218827
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H1Q5.157F\Ell.NO
COMMONWEAl1H OF PENNSYLVANIA
DEPART'MENr OF HEALTH
VITAL RECORDS
Cumberland
DIVORCE
o
RECORD OF
OR ANNULMENT
(CHECK ONE) 0
STATE ALE NUMBER
SiATE FILE DATE
COUNTY
HUSBAND
1. NAME
(FItsQ
Scott
Street or RoO.
(Mlddl8)
(LBsQ
(MQllth)
(Day) Year
3. RESIDENCE
R.
C1~ SOlO. or Twp.
2. DATE
OF
BIRTH
4. PLACE
OF
New Cumberland, Cumberland PA BIRTH
7. USUAL OCCUPATION '
Kuhn
10
06 1958
(State or Foreign Country)
Plainfield NJ
Caunt)'
.....
1506
5. NUMBER
OF THIS
MARRIAGE
Simpson Ferry Road
8. RACE
WHITE
3 JIXJ
BLACK
o
OTHER (Spec1ly)
o
WIFE
Restaurant Manaaer
8. MAIDEN NAME (FI"'Q (MIddIs) (LBsQ .. DATE (MQf1th) (Day) "..,
OF
Rebecca Joan Zotvnia BIRTH 10 03 1967
1.. RESIDENCE Street or R.D. ~ Soro. or Ivp. Counly .,.,. 11. PLACe (Stat'; or For8ign Countty)
332 Old Stonehouse Road, Boilina Sprinas Op
PA BIATH Morristown NJ
1~ NUMBER 8. RACE . 14. USUAL OCCUPATION
OF THIS . WHITE BLACK OTHER(S_1
MARRIAGE 1 )jX] 0 0 Cook
.
15. PlACE OF (CoUnty) (Stale or Foreign Countty) 1., OATE OF (Mtmlh) (Day) (year)
THIS THIS
MARRIAGE un MARRIAGe n1 no 1000
17A. NUMBER OF 17B. NUMBER OF DEPENDENT 1.. PlAINTIFF 1.. DECREE GRANTED 10
CHILDREN THIS CHILDREN UNDER 18 HUSBAND WIFE OTHeR (Spec1Iy) HUSBAND WIFE OTHER ISpecI~)
MARRIAGE 1 1 B 0 0 0 0 0
20__ NUMBER OF HUSBAND wIFe SPLIT CUSTODY OTHER (Specify) 21. LEGAL GROUNDS FOR
CHILDAEN 10 0 0 0 DIVORCE OR ANNULMENT
CUSlODY OP
22- DATE OF OeCRe:E (Man,") (Osy) (llw) 123. DATE REPORT SENT (Manih) (Day) (Year)
10 VITAL RSCOROS
24. SIGNATURE OF
TRANSCRIBING CLERK
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SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A: SECTION 4304.1 (a) (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBER
PLEASE FILL IN THE APPROPRlA TE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE
DATE:
December 15, 2003
DOCKET NUMBER:
0\- \.CY2.1 Ci\.i~\ \C"rtT\
PLAINTIFF/PETITIONER SS# 205-52-4419
NAME: Scott R. Kuhn
DEFENDANT/RESPONDENT SS# 152-58-9054
NAME: Rebecca Joan Kuhn
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
.
.
.
.
.
.
.
.
scarr R. KUHN
VERSUS
REBECCA J. KUHN
AND NOW,
DECREED THAT
AND
PENNA.
.
.
No.
01-1027 Civil Tenn
.
.
rei
1 ~ i
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DECREE IN
DIVORCE
.
, IT IS ORDERED AND
Scott R. Kuhn
, PLAINTIFF,
Rebecca J. Kuhn
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.HE 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 attached Property Settlement Agreement dated December 3, 2003, shall be
.
incorporated, but not merged, into this Decree in Divorce.
By THE COURT:
ATTEST:
J.
.
PROTHONOTARY
.
.
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SCOTT R. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
01-1027
CNIL ACTION LAW
REBECCA J. KUHN
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ ~.sL day of vU 7~ C--~ ' 200.4,
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
upon
/
I. The prior Orders of this Court are vacated and replaced with this Order.
2. The parties shall make the necessary arrangements for the Child to participate in counseling
with Georgi Anderson or other professional selected by agreement between the parties. The purpose of
the counseling shall be to assess the Child's adjustment to the custodial arrangements and provide
guidance concerning the Child's ongoing needs with regard to the coparenting arrangements. Within
ten days of the date of the custody conciliation conference, the Mother shall contact the counselor to
obtain infonnation concerning the costs of counseling and application of insurance coverage and
provide the information to the Father. The parties shall make arrangements to initiate the counseling
as soon as possible.
3. The Father, Scott R. Kuhn, and the Mother, Rebecca J. Kuhn, shall have shared legal custody
of Nova C. Kuhn, born May 2,1997. Each parent shall have an equal right, to be exercised jointly with
the other parent, to make all major non-emergency decisions affecting the Child's general well~being
including, but not limited,to, all decisions regarding her health, education and religion. Pursuant to the
terms of this paragraph, each parent shall be entitled to all records and information pertaining to the
Child including, but not limited to, school and medical records and information.
4. The Mother shall have primary physical custody of the Child.
5. The Father shall have partial physical custody of the Child on alternating weekends from
Friday, when the Father shall pick up the Child after school, through Saturday at 4:0.0 pm, when the
parties shall exchange custody of the Child at the Main Street Market in Mechanicsburg. During the
interim weekends, the Father shall have custody of the Child from Sunday at 8:00 am, when the parties
shall exchange custody of the Child at the Weis Market in Upper Allen township, through Tuesday
morning when the Father shall transport the Child to school. Prior to beginning the schedule set forth
in this provision, the Father shall have custody ofthe Child on Monday, March 29, 2004 from after
school through the following Tuesday morning when the Father shall transport the Child to school.
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6. The Father shall ensure that the Child completes all assigned homework during his periods of
custody and that all adult signatures required on homework assignments are provided.
7. The parties shall share or alternate having custody of the Child on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall
run from Christmas Eve at 12:00 noon through Christmas Day at 12:00, and Segment B,
which shall run from Christmas Day at 12:00 noon through December 26, at 12:00
noon. ill odd numbered years, the Father shall have custody of the Child during
Segment A and the Mother shall have custody during Segment B. ill even numbered
years, the Mother shall have custody of the Child during Segment A and the Father shall
have custody during Segment B.
B. ALTERNATING HOLIDAYS: In even numbered years, the Mother shall have
custody of the Child on New Years Day, Memorial Day, and Labor Day and the Father
shall have custody on Easter, July 4th and Thanksgiving. ill odd numbered years, the
Father shall have custody of the Child on New Years Day, Memorial Day and Labor
Day and the Mother shall have custody on Easter, July 4th and Thanksgiving.
C. MOTHER'S DAY I FATHER'S DAY: ill every year, the Mother shall have
custody of the Child Mother's Day and the Father shall have custody on Father's Day
from 10:00 am until 6:00 pm.
D. The holiday custody schedule shall supercede and take precedence over the regular
custody schedule.
8. During the summer school break every year, each party shall be entitled to have
uninterrupted periods of custody with the Child for two non-consecutive weeks upon providing at
least 15 days advance notice to the other party. The party providing notice first .under this provision
shall be entitled to preference on his or her selection of vacation dates. The Father shall not schedule a
period of custody under this provision during the week immediately preceding the first day of school.
Periods of vacation custody shall supercede the regular alternating weekend custody schedule.
9. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
10. ill the event either party intends to relocate his or her residence at a distance greater than a
twenty minute drive from his or her current residence, that party shall provide at least sixty days
advance notice to other parent. The purpose of this notice requirement is to enable the parties to make
any necessary adjustments to the custody schedule either by agreement or through the legal process
prior to the relocation.
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II. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
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cc: Mark K. Emery, Esquire - Counsel for Father
Mark C. Duffie, Esquire - Counsel for Mother
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SCOTT R. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
01-1027
CIVIL ACTION LAW
REBECCA J. KUHN
Defendant
IN CUSTODY
Prior Judge: Edward E. Guido
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator subrnits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Nova C. Kuhn
May 2, 1997
Mother
2. A Conciliation Conference was held on March 24, 2004, with the following individuals in
attendance: The Father, Scott R. Kuhn, with his counsel, Mark K. Emery, Esquire, and the Mother,
Rebecca J. Kuhn, with her counsel, Mark C. Duffie, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date
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Custody Conciliator
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SCOTT R. KUHN,
Plaintiff
v.
REBECCA J. KUHN,
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO. 01-1027 CIVIL TERM
IN RE: PLAINTIFF'S MOTION TO ENFORCE
PROPERTY SETTLEMENT AGREEMENT AND
REQUEST FOR SANCTIONS AND ATTORNEY'S FEES
ORDER OF COURT
AND NOW, this 6th day of April, 2004, upon consideration of the attached letter
from Mark K. Emery, Esq., attorney for Plaintiff, the hearing previously scheduled in the
above matter for April 15, 2004, is cancelled, and Plaintiffs Motion To Enforce Property
Settlement Agreement and Request for Sanctions and Attorney's Fees is deemed moot.
Aark K. Emery, Esq.
410 Second Street
Harrisburg, PA 17101
Attorney for Plaintiff ?
</'Mark C. Duffie, Esq.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Attorney for Defendant
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BY THE COURT,
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IN THE COURT OF CO~ON PLEAS OF
CUMBERLAND COUNTY', PENNSYLVANIA
Scott R. Kuhn
Plaintiff
vs.
Rebecca J. Kuhn
NO. '1027
xli 2001
Scott R. Kuhn
a master with respect to the
<xx) Divorce
C ) Annulment
( ) Alimony
( ) Alimony Pendente
MOTION FOR APPOINTMENT OF MASTER
(Plaintiff) QDeJflUl:ftM:llI,
followinE claims: ,
moves the court to appoint"
Lite
(xx)
( )
( )
( )
Distribution of Property,
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the'
,appointment of a master is requested.
(2) . The defendant (has) ~Xl!(Q{iX) appeared in
(by his attorney, M"rk r 'nllffip
(3) The staturory ground(s) for divorce (is)
3301 (c) of the Divorce Code
(4) Delete the inapplicable pa:ragraph(s):
~Xxx~~jfx~~:ifx~~:ii'~l{~x
(b), An agreement has, been reached with respect to the
following claims: None
(c)
the action}Q)ln(~xXY)
,Esquire).
(are)
claims:
. Theaction,is contested with respect to the following
. .,
nivor~p~" R'Il1i',t-~hi,jQ ryi:Cifr--ihnrirm'
'(5) The action. (~S:X (does not involve) complex issues of law
or fact.
(6)' The hearing is expected to take 4 (hours) ~X.
(7) Additional information, if any. relevant to the motion:
Date: 7r - '( ocJ :3
. Attorney for
ORDER 'APPOINTING MASTER
. AIm NOW ,1t.~,/ _H 6 ,M~3,t:Prl~-4"'~
is appointed'mast with respect to the following claims:
Esquire,
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Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-1027
REBECCA J.KUHN,
Defendant
CIVIL ACTION - LAW
DIVORCE
PLAINTIFF'S MOTION TO ENFORCE IPROPERTY SETTLEMENT
AGREEMENT AND REQUEST FOR SANCTIONS AND ATTORNEY'S FEES
AND NOW, comes the Plaintiff, Scott R. Kuhn, by and through his
attorney, Mark K. Emery, Esquire, and files this Motion to Enforce Property
Settlement Agreement and Request for Sanctions and Attorney's Fees, as
follows:
1. Plaintiff and Defendant entered into a Property Settlement on December
3, 2003, which resolved all outstanding issues under the Divorce Code. A
copy of the Property Settlement Agreement is attached as Exhibit "A" and
incorporated fully herein by reference.
2. As established in Paragraph 3 of the Agreement: [T]he parties, within ten
(10) days of the date of the Agreement, will execute and deliver to WIFE's
counsel all documents necessary to obtain a final divorce decree, and
WIFE's counsel shall, within ten (10) days thereafter, cause to be filed all
such documents to obtain a final divorce decree."
3. In compliance with the Agreement, on December 5, 2003, Plaintiff
forwarded all documents necessary to obtain the divorce decree, including
all necessary affidavits,
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4. In complete disregard of the Agreement, Defendant has failed and refused
to file the necessary documents to obtain the divorce decree.
5. The undersigned has left numerous voice-mail messages for Defendant's
counsel, Mark C. Duffie, Esquire, which have not been returned.
6, On January 26, 2004 the undersigned forwarded correspondence to
Attorney Duffie, making a final demand that he take the necessary steps
to obtain the divorce decree, and further advising Attorney Duffie that,
absent such action, this Motion would be filed.
7. As of the date of this Motion, neither Defendant, nor her counsel, have
complied with the Agreement.
8. Pursuant to Paragraph 28 of the Agreement, any party who fails to comply
with the provisions of the Agreement shall be responsible for the other's
attorney's fees, costs and expenses incurred in enforcing the Agreement.
9. Defendant, and her counsel, has continued to ignore the requirements of
the Agreement and otherwise have improperly delayed and hampered the
disposition of this matter.
10. In addition to their failure to comply with the Agreement, Defendant has
failed to comply with her agreements as they relate to custody matters,
11. Due to difficulties created by Defendant, Plaintiff filed a Petition for
Modification of Custody on July 21, 2003.
12. After continuances requested by Defendant's counsel, the parties had a
Custody Conciliation scheduled for September 23, 2003.
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13. Attorney Duffie contacted the Conciliator before such conciliation and
misrepresented to her that the parties had reached a stipulated Custody
Agreement. Attorney Duffie did not advise the undersigned of such
contact.
14. In fact, the parties had not reached such agreement as Defendant has
refused to execute the Custody Agreement, even though she had agreed
to such terms as drafted by her own counsel.
15. Subsequently, the parties again reached a resolution, but Defendant again
refused to execute a written agreement even though the terms of such
Agreement complied with her demands.
16. Due to the actions of Defendant, and her counsel, Plaintiff has been
forced to again file a Petition for Modification of Custody, which is being
filed concurrently herewith.
17. Defendant's actions require the imposition of attorney's fees under the
provisions of the Property Settlement Agreement, the Divorce Code, and
42 Pa.C.S.A. 92503.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter
an Order:
a. requiring Defendant to file all documents necessary to obtain a
decree in divorce within ten (10) days such Order, and ordering
that, in the absence of such filing, the court will enter the Divorce
Decree, upon motion of Plaintiff;
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b. Awarding Plaintiff attorney's fees, to be decided upon the
presentation of a Bill of Costs;
c. Assessing sanctions against Defendant and her counsel as is
deemed fair and just.
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
By:
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Mark K. Emery, EsquirEf'
Supreme Court I.D. No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Plaintiff
DATE: J- r'?-.?'i
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12/05/2003 11:05 FAX 717 761 3015
JDS&W
IdJ 002
PROPERTY SETTLEMENT
AGREEMENT
THIS PROPERTY SETTLEMENT AGREEMENT (hereinafter 'Agreement"), made this __ day of
November 2003, by and between REBECCA J. KUHN. currently residing at 322 Old Stonehouse Road, i
MeChanicsburg, Cumberland County, Pennsylvania (hereinafter "WIFE"), and SCOTT R. KUHN, currently
residing at 1506 Simpson Ferry Road. New Cumberlar.d. Cumberland County, Pennsylvania (hereInafter
"HUSBAND"),
WITNESSETH:
WHEREAS, HUSBA\lD and WIFE were lawfully married on January 8, 1998, in Winchester, VA;
and
WHEREAS, there is one child born of this marriag'" Nova C. Kuhn (DOB: May 2, 1997); and
WHEREAS, a complaint in divorce and custody w;~s filed by HUSBAND on February 21 , 2001, in the
Cumberland County Gourt of Common Pleas at Docket No, 01-1027 Civil Term: and
WHEREAS, difficulties have arisen oetween the 'parties and it is therefore their intention to livEi
separate and apart for the rest of their lives and the parties are desirous of settling completely the economic
and other rights and obligations between each Other, including out not limited to: the equitable distribution of
the marital property; past, present, and future spousal support; alimony, alimony pendente lite, and in
general, any and all other cI~lim$ and possible claims by one against the other or against their respective .
estates; and
NOW THEREFORE, ,n consideration of the covenants and promises hereina'fter to be kepI and
performed by each party and for other good and valuablll consideration, the parties, intending to be legally
bound hereby. the parties do hereby agree as follows:
1, Separation. The parties have lived sepa rate and apart since October 2000. The parties
hereto shall continue to live separate and apart, and will not cohabitate with each other. It shall be lawful for
..ach party at all times hereafler to live separate and apalt from each other at such a place or places as he
or she may from time to time choose or deem fit
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12/05/2003 11:05 FAX 717 761 3015
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2, Interference. From the date of signin9 this Agreement, each party shall be free from
interference, authority and control of the other, as if he or she were single or unman-ied, except as may be
necessary to carry out the provisions of this Agreement. Neither party Shall molest or attempt to endeavor to
molest the other or compel the other to cohabitate with the other or in sny way harass Or malign the other, or
in any other way Interfere with their peaceful existence, separate and apart from the other.
3, Divorce, The parties acknowledge that a Complaint in Divorce has been filed by HUSBAND
on February 21, 2001, and that service was effectuated IIpon WIFE properly. By eliecuting this Agreement,
the parties agree that the terms herein shall constitute" final Divorce Settlement Agreement. The parties
agree to take all legal steps (inClUding the timely and prompt submission of all documents and the taking Of ,
all actions) necessary to as'lure that a divorce pursuant to 23 Pa.C.S.A. !i3301 of the Divorce Code is \
enlered as soon as possible. IN particular, the parties, within ten (10) days of the date, of the Agreement, will I
eXecute and deliver to WIFE':; counsel ail documents necessary to obtain a final divorce decree, and WIFE's I
counsel shall, within ten (10) days thereafter, cause to be filed all such documents to obtain a final divorce i
decree,
4, Division of Personal ProoertY.. Except liS set forth herein, each of the parties hereto have
divided between themselves, to their mutuai satisfactio", all items of tangible marital personal property,
including household furnishings and other similar property. Neither property sheil make any claim to any
such items of marital property, or of the separate personal property of either party, which are now in the I
possession and/or under the control of Ihe other after the execution of this Agreement Should it become
necessary, the parties each agree to sign. upon request, any titles or documents necessary to give effect to
this ,paragraph. The property shal! be deemed to be in the possession or under the control of either party if
the item is physically in possession and control of the party at the time of the signing of this Agreement. ThiS
division of personal property IS intendeQ to be a full and rinal selllement of the divisiOn of tangible personal
property,
5. Division of Real Prooertv. The parties acknowlEldge that the marital residence in
HUS6AND's name, known and numbered as 708 CocKlin Street, Mechanicsburg, Cumberland County,
Pennsylvania, is or was in foreclosure and is subject to a petition in bankruptcy filed by HUSBAND on April
16, 2001. HUSBAND agreeE; to hold WIFE harmless fr()m any deficiency judgmellt that might result from
"ny foreclosure or any other liability "ssociated with the ownership of said real property. WIFE does hereby
waive any and all title, right, and interest to said real estate by virtue of the marriage, and agrees to execute
any and "II documents or papers necessary to effectuate such waiver,
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12;05/2003 11:06 FAX 717 761 3015
JDS&W
IiiJ 004
6. Custodvand Child SUlIlIort, The custOdY of the minor child, Nova C. Kuhn (DOB: May 2,
1997). has been set forth in an Order reached by Stipulation dated ,2003. Any and all
rights with respect to child custody are set forth in that Order.
The obligation of child support is subject \0 an action by WIFE against HUSBAND to Docket No.
1028~S~1997 (PACSES CaslO No, 806100006), to which em Order of Court dated May 6, 2003, was entered
establishing the current child support obligation. That obligation shall remain sole and separate, and subject I
to modification by increase or decrease by petition of eitt'er party upon a material change in ciroumstances.
The parties hereby acknowledge that as of May 6, 200~J, there was 511,338.19 in support arrears. The
partiE'S further agree that WifE shall claim the minor child as a dependant and receive the tax benefit from
the same subject to any change in the Order for Child CUf;tody.
7. Waiver of A/imc:mv, Alimonv Oem/ente lite, SlIousal SUDDorl, Counsel Fees and
Exoamies. The parties hereby agree to forever waive any present and/or future ciaims for alimony, alimony
pendente lite, spousal support, counsel fees and expenses.
8. Health Insurance. Each party shall prOVide their own health insurance.
9. Bank Accounts. Any and all bank accounts in the parties names which exist upon execution
of this Agreement have boen previously divided to both party's m\ltual satisfaction. The parties
aCknowledge that they have closed any joint accounts ami removed the other party's name from the account
so that there are no joint accounts remaining in existen,,!'!. Furthermore, each party agrees to waive any
right, title or Interest he or she may have in any individual bank account of the other.
10. Waiver of Claims ~ After-Acquired Prooertv. Each party hereby waives any and all right,
title, and intere>>t to the property granted to the other by virtue of the provisions of this Agreement
Furthermore, each party her.,by waives any and all righI, title, and interest to any after-acqUired properly,
whether acquired by a>>sets set forth in this Agreement or assets acquired after separation. Specifically,
should either party utilize assets divided by this Sepamtion Agreement to purchase any property in the
future, or if either party has ,llready done so, the other party agrees to waive any and all rights, title. and
interest to that property and shall make no claims thereto.
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12/05/2003 11:07 FAX 717 761 3015
JDS&W
IiiJ 005
11, Life Insurance. Neither party owns any life insLJrance policies or is named as an insured
thereunder.
12, Pension and Retirement Benefits. Neither party owns any individual retirement account
and/or retirement benefit plan (including but not limited to pension or profit sharing plans, deferred
compensation plans, defined benefit plens, 401 (k) plans, employee savings and thrift plans, IRA's, or other
similar benefits), whether vested or non~vested.
13. Credit Card Debt. The parties hereto have indioated that any credit card debt that currently
exists has been mutually divided as of the date of execution of this Agreement to both party's mutual
satisfaction. Any debt incurred thereon shall be the sol.. responsibility of the party who incurred that debt
following the date of the execution of this Agreement. HUSBAND shali be responsible for all credit cards in
his name. WIFE shall be responsible for any credit cards in her name. Suoh provisions shall be effective as
of the date physical separation.
Shortly following the date of separation, HUSBAND alleges that WIFE used his credit card without
his authorization. HUSBANCl hereby agrees to release WIFE from any past, present or future liability or I
obligation arising from the USE! of any credit card in his name, and hereby waives the right to bring any action .
against WIFE for said alleged credit card use.
14. Petition for Special Relief. By Order of Court dated M..y 3, 2001, tho Honorable J. Wesley
Oler, Court of Common Pleas of Cumberland County, Pellnsylvania, pursuant to a Petition for Special Relief I
filed by WIFE, directed HUSBAND to pay to WIFE $2,295. To date, HUSBAND has paid $1,000.00, le..ving i
I
an outstanding obligation of $1,295.00 remaining. WIFE hereby waives her right to receive that money and
releases HUSBAND from salel obligation and any further liability with respect to said Petition or Order.
15. Aareeme.nt Executed Voluntarilv and Clearly Understood. Each party to this Agreement
acknowledges and deoiares Ulat he or she respectiveiy:
A. Is fully and completel:f informed as to the facts !'elating to the subject matter of this
Agreement, and as to the rights and Iiabilitills of bcth p..rties;
B. Enters Into this Agreement voluntarily, free from fraud, undue influence, coercion of any kind;
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12/05/2003 11;07 FAX 717 761 3015
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IiiJ 008
C. Has given caroful and mature thought to the making of this Agreement;
D. Has carefully read each provision of this A(~reement;
E. ACknowledges that there has been a full and fair finanoiai disclosure by both parties, and fully
and completely understands each provision of this Agreement.
16, Release of all ClaimlS. Each party reluases the other from all claims, liabilities, debts,
obligations. <actions and causes of. action of every kind that have been or will be incurred, Moreover, neither
p<arty is relieved or discharged from any obligation under this Agreement or any instrument or document
executed pursuant to this Agreement.
17. Ho/dinll Other Party Free and Harmless. HUSBAND hereby warrants to WIFE that he has
not incurred and he hereby a!lrees that he will not hereafter incur any liability or obligation on whioh she is or
may be Hable. If any claim or action Is brought attempting to hold WIFE liable for any such liability or
obligation, HUSBAND shall, at his sole expense, defend WIFE against any such c1ailn or action whether or
not founded. and he shall hold her free and harmless tht,refrom. WIFE hereby warrants to HUSBAND that
she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on
which he is or may be liable. If any claim or ac:lion is brought a!tempting to hOld HUSBAND liable for any
such liability or obligation, WIFE shall, at her sole expellse, defend HUSBAND against any such claim or
action whether or not founded, and she shall hold him fref' and harmless therefrom.
18. Additional Instruments. The parties shall, on demand, execute and deliver to the other, any
document, specifically including but not limited to the deed and retirement beneficiary forms, and do or
cause to be done, any other act or thing that may be necossary or desirable to effectuate the provisions and
purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall
pay to the ether, ail attorney's fees, costs and other expenses reasonably incurred as a result of such failure.
19. Full DisclosUI'e. The respective parties tiO hereby warrant. represent, and declare, and do
acknowledge and agree that "ach is and has been fuily and completely informed of, and. is familiar with and
cognizant of the wealth, income, real and/or personal property, whether jOintly or indiViduallY titled, estate
and assets of the other, and that each has made a full and complete disclosure 10 the other of his and her
entire assets and liabilities, and any further enumeration or statement thereof in this Agreement is hereoy
specificaliy waived, The pElrties do not wish to make or append hereto any further enumeration or
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12/05/2003 11:08 FAX 717 761 3015
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statement. Each of the parties hereto further covenanl1 and agrees for himself or herself that his or her I
heirs, personal representativl!s and assigns, that he or slle will never at any time hereafter sue the other or II
his or her heirs, personal rep"esentatives or assigns, in any action or contention, direct or indirect, that there .
I
was any absence or lack of full and proper disclosure. Further, both parties waive their right to have the !
inventory or financial disclosure statement of the other atlached hereto.
20. Reoresentation of the Parties. WIFE" is. represented by Johnson, Duffie, Stewart & i
I
Weidner, in connection with the negotiation and preparation of this Agreement. HUSBAND is represented
by Mark K, Emery, Esquire, in connection with the neqotiation of this Agreement. Both parties hereby
acknowledge they have had the opportunity to review this Agreement with their resp,=ctive counsel and are
completely aware not only of Its content, out also the legal effect. Each party has carefully read this I
Agreement and is completely aware not only of its Gontent out also of its legal effect. Each party
aCknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that it is
being entered into freely and voluntarilY, and that the eKecution of this Agreement is not the result of any
dI,Jress or undue influence, and that it is not the result of any improper or illegal Agreement and/or
Agreements.
21. Waiver of Riahts to Other Party's Estate. Except as provided for ~,erein, HUSBAND and
WIFE each waive any and all right:
A. TQ inherit any part of the estate of the other at his or her death, except us provided herein;
8 . To receive property from the estate of the other by bequest or devise except under a Will or
Codicil dated slJosequently to the effective date of this Agreement;
c. To act as pers.mal representative of the estate of the other on intestacy unless nominated by
another party I<lgally et"Ititled to so act;
D. To act as the personal representative under the WlII of the other unless so nominated by a
Will or Codicii dated subsequently to the effective date of this Agreement;
E. To claim a family allowance in the estate ot the other.
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22. Containment of Entire Aareement Herein. This Agreement supersedes any and all other
Agreements, either oral or i[l writing, between the partiE's relating to the rights and liabilities arising out of
their marriage. This Agreemllnt contains the entire agreement of the parties,
I
23. Partial invaliditv. If any portion of this Agreement is held by a Court of competent !
jurisdiction to be invalid, void or unenforceabie, the remaining provisions shall, nevertheless. continue in full I
force and effect without being Impaired or invalidated in any way.
24. Effect of Reconciliation. Cohabitation or Divorce Decree. The terms of this Agreement
shall be ineorporated into any Divorce Decree which may be entered with respect to the parties. This
Agreement shall survive any "uch final judgment or Decn'.e of Divorce. 8ath parties shall have all rights and
enforcement under applicable law inclUding the Pennsylvania Divorce Code. This Agreement shall also
remain in full force and effect even if the parties effect a reconCiliation, cohabitate as Husband and Wife, or I
attempt to effect a reconciliatbn. I
I
I
25. Modification. This Agreement shall not t1e subject to modification except as in accordance
with PennsYlvania law and with a writing between br,th parties evidencing their intent to modify the
Agreement.
26. No Waiver of Default. This Agreement shall remain in full force and effect unless and until
terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreem'lnt shall not be construed as a waiver of any I
subsequent default of the sarne or similar nature.
27. Attomevs Fees and Extlenses. Each party shall be responsible for their own attorneys fees
and expenses.
28. Mutual CooDeration. Each of the parties '.;hall. on demand, execute and deliver to the other,
any deeds. bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or
cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and
purposes of this Agreement If either party fails on demand to comply with this provision, that party shall pay
to the other all attorney's fees. OOsts and other expenses reasonabiy incurred as a result of such failure.
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29. Law of Pennsvlvania ADlIlicable. This Agreement shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania.
3D. Date of Aareement. The effective date of this Agreement shall be the date on which the last
party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise. the
effective date will be the date that both parties execute th.. Agreement if they execute on the same date.
31. Successors and Assians. This Agreement, except as otherwise expressly provided herein, I
shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, I'
administrators, assigns and successors and interest of tho parties.
i
/N WITNESS WHEREOF, the parties hereby have hereunto s..t their hands and seals the date and
year first above written.
WITNE:SS:
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VERIFICATION
I, Scott R. Kuhn, hereby verify that I have read the foregoing Motion to
Enforce Settlement Agreement and for Sanctions and Attorneys Fees and that
the information contained therein is true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are subject to
the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities.
C;~c(2~
Scott R. Kuhn
DATE: d~ Irrc7C-(
,
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CERTIFICATE OF SERVICE
AND NOW, this 18th day of February, 2004, I, Mark K. Emery, Esquire do
hereby certify that I have served the foregoing Motion to Enforce Property
Settlement Agreement and request for Sanctions and Attorney's Fees by mailing
a true and correct copy via United States first class mail, addressed as follows:
Mark C. Duffie, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043~0109
LAW OFFICES OF MARK K. EMERY
By: ~~ c::::::..-
Mark K. mery
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
I.D. No. 75906
301 Market Street
P. O. Box 109
Lernoyne, Pennsylvania 17043~0 1 09
(717) 761-4540
Attorneys for Defendant
SCOTT R. KUHN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 01~1027 Civil Term
v.
CIVIL ACTION - LAW
REBECCA J. KUHN,
IN DIVORCE/CUSTODY
Defendant
AFFIDA VIT OF CONSENT
1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on February 21,
2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of 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.
4. I have been advised of the availability of marriage counseling, understand that the Court
maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate
in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in
counseling prior to the divorce becoming final.
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. 94904 relating to unsworn falsification to
authorities.
Date:
sit I lOLL
, ,
Scott R. Kuhn
:218827
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
!.D. No. 75906
30 I Market Street
P. O. Box 109
Lemoyne, pennsylvania 17043~0109
(717) 761-4540
Attorneys for Defendant
SCOTT R. KUHN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 01-1027 Civil Term
v.
CIVIL ACTION - LAW
REBECCAJ. KUHN,
IN DIVORCE/CUSTODY
Defendant
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
TO: SCOTT R. KUHN, Plaintiff
1. I consent to the entry of a final decree in 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. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to
authorities.
Date:
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Johnson, Dnffie, Stewart & Weidner
By: Mark C. Duffie
J.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043~0109
(717) 761-4540
Attorneys for Defendant
SCOTT R. KUHN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 01~1027 Civil Term
v.
CIVIL ACTION - LAW
REBECCA J. KUHN,
IN DIVORCE/CUSTODY
Defendant
AFFIDA VIT OF CONSENT
1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on February 21,
2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of 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.
4. I have been advised of the availability of marriage counseling, understand that the Court
maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate
in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in
counseling prior to the divorce becoming final.
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. 134904 relating to unsworn falsification to
authorities.
Date: '3 I ~ 16'1
Jlfe~ L ~Il
Rebecc J. Kuhn i1
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
!.D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant
SCOTT R. KUHN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 01~1027 Civil Term
v.
CIVIL ACTION - LAW
REBECCAJ. KUHN,
IN DIVORCE/CUSTODY
Defendant
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
TO: REBECCA J. KUHN, Defendant
1. I consent to the entry of a final decree in 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. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to
authorities.
Date:
:<.. II lat..{
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Re ecca J. Kuhn?1Defendant
:218827
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION LAW
01 - 1027
NO. CIVIL
REBECCA J. KUHN
IN DIVORCE
Defendant
STATUS SHEET
DATE:
ACTIVITIES:
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SCOTT R. KUHN,
Plaintiff
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 1027 CIVIL
REBECCA J. KUHN,
Defendant
IN DIVORCE
TO:
Lawrence J. Rosen
, Attorney for Plaintiff
Mark C. Duffie , Attorney for Defendant
DATE: Monday, August 11, 2003
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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SCOTT R. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
REBECCA J. KUHN,
Defendant
NO. 01-1027 CIVIL TERM
ORDER OF COURT
AND NOW, this 2nd day of March, 2004, upon consideration of Plaintiffs Motion
to Enforce Property Settlement Agreement and Request for Sanctions and Attorney's
Fees, a hearing is scheduled for Thursday, April 15, 2004, at 9:30 a.m., in Courtroom No.
1, Cumberland County Courthouse, Carlisle, PelU1sylvania.
BY THE COURT,
Mark K. Emery, Esq.
410 Second Street
Harrisburg, PA 17101
Attorney for Plaintiff
Mark C. Duffie, Esq.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Attorney for Defendant
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SCOTT R. KUHN
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
REBECCA J. KUHN
Defendant
: NO. 2001~1027 CIVIL TERM
ORDER OF COURT
AND NOW, this 5TH day of JUNE, 200 I, Plaintiff's Petition for Emergency
Custody is DENIED. This matter is referred to the conciliator for further proceedings.
Defendant is ordered to keep Plaintiff apprised of her address and telephone
number at all times. She is further ordered to make sure that the parties' child is never
~
alone with her nephew Christopher.
.
In all other respects our Order of Court dated March 30, 200 I, shall remain in full
force and effect.
Mark C. Duffie, Esquire
30 I Market Street
P.O. Box 109
Lemoyne, Pa. l7143~0109
For the Respondent
Edward E. Guido, J. _y
~~
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Lawrence J. Rosen, Esquire
1101 North Front Street
Harrisburg, Pa. 17102
For the Petitioner
.
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SCOTT R. KUHN,
Plaintiff
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 1027 CIVIL
REBECCA J. KUHN,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
1311-'
day of
2004, the economic claims raised in the proceedings having been
resolved in accordance with a property settlement agreement
dated March 11, 2004, the appointment of the Master is vacated
and counsel can file a praecipe transmitting the record to the
Court requesting a final decree in divorce.
BY THE COURT,
Geor
cc: ~ark K. Emery
Attorney for Plaintiff
viMark C. Duffie
Attorney for Defendant-S. ? ~
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PROPERTY SETTLEMENT
AGREEMENT
THIS PROPERTY SETTLEMENT AGREEMENT (hereinafter "Agreement"), made this II day of
March, 2004, by and between REBECCA J. KUHN, currently residing at 322 Old Stonehouse Road,
Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "WIFE"), and SCOTT R. KUHN, currently
residing at 1506 Simpson Ferry Road, New Cumberland, Cumberland County, Pennsylvania (hereinafter
"HUSBAND").
WITNESSIETH:
WHEREAS, HUSBAND and WIFE were lawfully married on January 8,1998, in Winchester, VA; and
WHEREAS, there is one child born of this marriage, Nova C. Kuhn (DOB: May 2, 1997); and
WHEREAS, a complaint in divorce and custody was filed by HUSBAND on February 21, 2001, in the
Cumberland County Court of Common Pleas at Docket No. 01~1027 Civil Term; and
WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live
separate and apart for the rest of their lives and the parties are desirous of settling completely the economic
and other rights and obligations between each other, including but not limited to: the equitable distribution of
the marital property; past, present, and future spousal support; alimony, alimony pendente lite, and in
general, any and all other claims and possible claims by one against the other or against their respective
estates; and
NOW THEREFORE, in consideration of .the covenants and promises hereinafter to be kept and
performed by each party and for other good and valuable consideration, the parties, intending to be legally
bound hereby, the parties do hereby agree as follows:
1. SeDar8tion. The parties have lived separate and apart since October 2000. The parties
hereto shall continue to live separate and apart, and will not cohabitate with each other. It shall be lawful for
each party at all times hereafter to live separate and apart from each other at such a place or places as he
or she may from time to time choose or deem fit.
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2. Interference. From the date of signing this Agreement, each party shall be free from
interference, authority and control of the other, as if he or she were single or unmarried, except as may be
necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to
molest the other or compel the other to cohabitate with the other or in any way harass or malign the other, or
in any other way interfere with their peaceful existence, separate and apart from the other.
3. Divorce. The parties acknowledge that a Complaint in Divorce has been filed by HUSBAND
on February 21, 2001, and that service was effectuated upon WIFE properly. By executing this Agreement,
the parties agree that the terms herein shall constitute a final Divorce Settlement Agreement. The parties
agree to take all legal steps (including the timely and prompt submission of all documents and the taking of
all actions) necessary to assure that a divorce pursuant to 23 Pa.C.S.A. !/3301 of the Divorce Code is
entered as soon as possible. IN particular, the parties, within ten (10) days of the date of the Agreement, will
execute and deliver to WIFE's counsel all documents necessary to obtain a final divorce decree, and WIFE's
counsel shall, within ten (10) days thereafter, cause to be filed all such documents to obtain a final divorce
decree.
4. Division' of Personal Property. Except as set forth herein, each of the parties hereto have
divided between themselves, to their mutual satisfaction, all items of tangible marital personal property,
including household furnishings and other similar property. Neither property shall make any claim to any
such items of marital property, or of the separate personal property of either party, which are now in the
possession and/or under the control of the other after the execution of this Agreement. Should it become
necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to
this paragraph. The property shall be deemed to be in the possession or under the control of either party if
the item is physically in possession and control of the party at the time of the signing of this Agreement. This
division of personal property is intended to be a full and final settlement of the division of tangible personal
property.
5. Division of Real Property. The parties acknowledge that the marital residence in
HUSBAND's name, known and numbered as 708 Cocklin Street, Mechanicsburg, Cumberland County,
Pennsylvania, is or was in foreclosure and is subject to a petition in bankruptcy filed by HUSBAND on April
18, 2001. HUSBAND agrees to hold WIFE harmless from any deficiency judgment that might result from
any foreclosure or any other liability associated with the ownership of said real property. WIFE does hereby
waive any and all title, right, and interest to said real estate by virtue of the marriage, and agrees to execute
any and all documents or papers necessary to effectuate such waiver.
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6. Custody and Child SUDDort. The custody of the minor child, Nova C. Kuhn (DOB: May 2,
1997), is currently pending with the hopes of reaching a stipulated Order in the near future. Any and all
rights with respect to child custody will be determined in the future by stipulation or by the Court.
The obligation of child support is subject to an action by WIFE against HUSBAND to Docket No.
1028~S~1997 (PACSES Case No. 806100006), to which an Order of Court dated May 6,2003, was entered
establishing the current child support obligation. That obligation shall remain sole and separate, and subject
to modification by increase or decrease by petition of either party upon a material change in circumstances.
The parties hereby acknowledge that as of May 6, 2003, there was $11,338.19 in support arrears. The
parties further agree that WIFE shall claim the minor child as a dependant and receive the tax benefit from
the same subject to any change in the Order for Child Custody.
7. Waiver of Alimonv, Alimonv Dendente lite. SDousal SUDDort. Counsel Fees and
EXDenses. The parties hereby agree to forever waive any present and/or future claims for alimony, alimony
pendente lite, spousal support, counsel fees and expenses.
8. Health Insurance. Each party shall provide their own health insurance.
9. Bank Accounts. Any and all bank accounts in the parties names which exist upon execution
of this Agreement have been previously divided to both party's mutual satisfaction. The parties
acknowledge that they have closed any joint accounts and removed the other party's name from the account
so that there are no joint accounts remaining in existence. Furthermore, each party agrees to waive any
right, title or interest he or she may have in any individual bank account of the other.
10. Waiver of Claims to After-Acauired ProDertv. Each party hereby waives any and all right,
title, and interest to the property granted to the other by virtue of the provisions of this Agreement.
Furthermore, each party hereby waives any and all right, title, and interest to any after-acquired property,
whether acquired by assets set forth in this Agreement or assets acquired after separation. Specifically,
should either party utilize assets divided by this Separation Agreement to purchase any property in the
future, or if either party has already done so, the other party agrees to waive any and all rights, title, and
interest to that property and shall make no claims thereto.
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11. Life Insurance. Neither party owns any life insurance policies or is named as an insured
thereunder.
12. Pension and Retirement Benefits. Neither party owns any individual retirement account
and/or retirement benefit plan (including but not limited to pension or profit sharing plans, deferred
compensation plans, defined benefit plans, 401 (k) plans, employee savings and thrift plans, IRA's, or other
similar benefits), whether vested or non-vested.
13. Credit Card Debt. The parties hereto have indicated that any credit card debt that currently
exists has been mutually divided as of the date of execution of this Agreement to both party's mutual
satisfaction. Any debt incurred thereon shall be the sole responsibility of the party who incurred that debt
fOllowing the date of the execution of this Agreement. HUSBAND shall be responsible for all credit cards in
his name. WIFE shall be responsible for any credit cards in her name. Such provisions shall be effective as
of the date physical separation.
Shortly following the date of separation, HUSBAND alleges that WIFE used his credit card without
his authorization. HUSBAND hereby agrees to release WIFE from any past, present or future liability or
obligation arising from the use of any credit card in his name, and hereby waives the right to bring any action
against WIFE for said alleged credit card use.
14. Petition for Special Relief. By Order of Court dated May 3, 2001, the Honorable J. Wesley
Oler, Court of Common Pleas of Cumberland County, Pennsylvania, pursuant to a Petition for Special Relief
filed by WIFE, directed HUSBAND to pay to WIFE $2,295. To date, HUSBAND has paid $1,000.00, leaving
an outstanding obligation of $1,295.00 remaining. WIFE hereby waives her right to receive that money and
releases HUSBAND from said obligation and any further liability with respect to said Petition or Order.
15. Aareement Executed Voluntarilv and Clearlv Understood. Each party to this Agreement
acknowledges and declares that he or she respectively:
A. Is fully and completely informed as to the facts relating to the subject matter of this
Agreement, and as to the rights and liabilities of both parties;
B. Enters into this Agreement voluntarily, free from fraud, undue influence, coercion of any kind;
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C. Has given careful and mature thought to the making of this Agreement;
D. Has carefully read each provision of this Agreement;
E. Acknowledges that there has been a full and fair financial disclosure by both parties, and fully
. and completely understands each provision of this Agreement.
16. Release of all Claims. Each party releases the other from all claims, liabilities, debts,
obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither
party is relieved or discharged from any obligation under this Agreement or any instrument or document
executed pursuant to this Agreement.
17. Holdina Other Partv Free and Harmless. HUSBAND hereby warrants to WIFE that he has
not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or
may be liable. If any claim or action is brought attempting to hold WIFE liable for any such liability or
obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or
not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that
she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on
which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any
such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or
action whether or not founded, and she shall hold him free and harmless therefrom.
18. Additional Instruments. The parties shall, on demand, execute and deliver to the other, any
document, specifically including but not limited to the deed and retirement beneficiary forms, and do or
cause to be done, any other act or thing that may be necessary or desirable to effectuate the provisions and
purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall
pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure.
19. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do
acknowledge and agree that each is and has been fully and completely informed of, and is familiar with and
cognizant of the wealth, income, real and/or personal property, whether jointly or individually tilled, estate
and assets of the other, and that each has made a full and complete disclosure to the other of his and her
entire assets and liabilities, and any further enumeration or statement thereof in this Agreement is hereby
specificallY waived. The parties do not wish to make or append hereto any further enumeration or
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statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her
heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or
his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there
was any absence or lack of full and proper disclosure. Further, both parties waive their right to have the
inventory or financial disclosure statement of the other attached hereto.
20. Representation of the Parties. WIFE is represented by Johnson, Duffie, Stewart &
Weidner, in connection with the negotiation and preparation of this Agreement. HUSBAND is represented
by Mark K. Emery, Esquire, in cOnnection with the negotiation of this Agreement. Both parties hereby
acknowledge they have had the opportunity to review this Agreement with their respective counsel and are
completely aware not only of its content, but also the legal effect. Each party has carefully read this
Agreement and is completely aware not only of its content but also of its legal effect. Each party
acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that it is
being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any
duress or undue influence, and that it is not the result of any improper or illegal Agreement and/or
Agreements.
21. Waiver of Riqhts to Other Party's Estate. Except as provided for herein, HUSBAND and
WIFE each waive any and all right
A. To inherit any part of the estate of the other at his or her death, except as provided herein;
B. To receive property from the estate of the other by bequest or devise except under a Will or
Codicil dated subsequently to the effective date of this Agreement;
C. To act as personal representative of the estate of the other on intestacy unless nominated by
another party legally entitled to so act;
D. To act as the personal representative under the Will of the other unless so nominated by a
Will or Codicil dated subsequently to the effective date of this Agreement;
E. To claim a family allowance in the estate of the other.
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22. Containment of Entire Aareement Herein. This Agreement supersedes any and all other
Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of
their marriage. This Agreement contains the entire agreement of the parties.
23. Partial Invaliditv. If any portion of this Agreement is held by a Court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full
force and effect without being impaired or invalidated in any way.
24. Effect of Reconciliation. Cohabitation or Divorce Decree. The terms of this Agreement
shall be incorporated into any Divorce Decree which may be entered with respect to the parties. This
Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights and
enforcement under applicable law including the Pennsylvania Divorce Code. This Agreement shall also
remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or
attempt to effect a reconciliation.
25. Modification. This Agreement shall not be subject to modification except as in accordance
with Pennsylvania law and with a writing between both parties evidencing their intent to modify the
Agreement.
26. No Waiver of Default. This Agreement shall remain in full force and effect unless and until
terminated under and pursuant to the terms of 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 def/lult of the same or similar nature.
27. Attornevs Fees and EXDenses. Each party shall be responsible for their own attorneys fees
and expenses.
28. Mutual CooDeration. Each of the parties shall, on demand, execute and deliver to the other,
any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or
cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and
purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay
to the other all /lttorney's fees, costs and other expenses reasonably incurred as a result of such failure.
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29. Law of Pennsvlvania ADDlfcable. This Agreement shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania.
30. Date of Aareement. The effective date of this Agreement shall be the date on which the last
party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise, the
effective date will be the date that both parties execute the Agreement if they execute on the same date.
31. Successors and Assians. This Agreement, except as otherwise expressly provided herein,
shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors,
administrators, assigns and successors and interest of the parties.
IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and
year first above written.
WITNESS:
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Scott R. Kuhn
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CERTIFICATE OF SERVICE
AND NOW, this 1ih day of March, 2004, I, Mark K. Emery, Esquire do
hereby certify that I have served the foregoing Praecipe to Transmit Record by
mailing a true and correct copy via United States first class mail, addressed as
follows:
Mark C. Duffie, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
LAW OFFICES OF MARK K. EMERY
BY~~
Mark K. Emery
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SCOTT R. KUHN,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001~1027
REBECCA J.KUHN,
Defendant
CIVIL ACTION c LAW
DIVORCE
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 Complaint: Certified copy of Divorce
Complaint Personally served upon Defendant by Sheriff on March 13, 2001. A
copy of the Sheriff's Return is on file in the Prothonotary's office. L
3. Date of execution of the Affidavit of Consent required by Section
3301 (c) of the Divorce Code: By Plaintiff: March 11, 2004
By Defendant: March 3, 2004
4. Related claims pending: None. See Property Settlement
Agreement, attached hereto, which is incorporated but not merged into the
Divorce Decree.
5. Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was
filed with the Prothonotary: Filed herewith.
Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was
filed with the Prothonotary: Filed herewith.
Respectfully submitted
LAW OFFICES OF MARK K. EMERY
DATE: March 12,2004
By: ?~~~
Mark K. Emery, E . e
Supreme Court I.D. No. 72787
410 North second Street
Harrisburg, PA 17101
(717) 238-9883
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Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie
LD. No. 75906
301 Market Street
P. O. Box 109
Lernoyne, Pennsylvania 17043~0109
(717) 761 ~4540
s
OCT 1 2 200
Attorneys for Petitioner
SCOTT R. KUHN,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1027
v.
REBECCA J. KUHN,
CIVIL ACTION - LAW
IN CUSTODY
Defendant/Petitioner
RULE TO SHOW CAUSE
AND NOW, this day of , 2001, this Court hereby directs the Respondent,
SCOTT R. KUHN, to show cause why he should not be held in contempt of court and directed to pay One
Thousand Two Hundred Ninty-Five ($1,295.00) Dollars together with attorney's fees of Five Hundred
($500.00) Dollars and other costs associated with the Petitioner's cost of filing.
BY THE COURT:
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FES 2 3 2004 ~ 7
SCOTT R. KUHN,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-1027
REBECCA J.KUHN,
Defendant
CIVIL ACTION ~ LAW
IN CUSTODYNlSITATION
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is hereby directed
that the parties and their respective counsel appear before
, the conciliator, at on
the day of , 2003, at .m., for a Pre-Hearing Custody
Conference. At such Conference, an effort will be made to resolve the issues in
dispute; or if this cannot be accomplished, to define and narrow the issues to be heard
by the Court, and to enter into a Temporary Order. All children age five or older may, at
the request of either attorney or party, be present at the Conference. Failure to appear
at the Conference may provide grounds for the entry of a temporary or permanent
Order.
FOR THE COURT,
Date of
Order:
By:
Custody Conference Officer
The Court of Common Please of Cumberland County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about
accessible facilities and reasonable accommodations available to disabled individuals
having business before the court, please contact our office. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
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
32 Bedford Street
Carlisle, Pennsylvania 17013
(717) 249~3166
.>
LAW OFFICES OF MARK K. EMERY
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Mark K. Emery, Esquire
Fax (717) 238-9884
e-mail memerylaw@aol.com
April 5, 2004
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: Kuhn v. Kuhn
No. 2001-1027
Dear Judge Oler:
I represent the Plaintiff in the above~referenced matter. Recently, Plaintiff
filed a Motion to Enforce Property Settlement Agreement and Request for
Sanctions and Attorney's Fees. A hearing on that matter is scheduled before you
on April 15, 2004, at 9:30 a.m.
This matter how been resolved amicably between the parties. Therefore, I
respectfully request that the hearing be cancelled, and that no further action be
taken on Plaintiffs Motion.
Should you have any questions, or require a more formal withdraw of the
Motion, please contact me. Thank you for your time and consideration of this
matter.
Very truly yours,
LAW OFFICES OF MARK K. EMERY
By:
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Mark K. Emery
MKElvh
cc: Mark C. Duffie, Esquire
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SCOTT R. KUHN,
Plaintiff .
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-1027
REBECCA J.KUHN,
Defendant
CIVIL ACTION - LAW
IN CUSTODYNlSITATION
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is hereby directed
that the parties and their respective counsel appear before
, the conciliator, at on
the day of ,2003, at .m., for a Pre-Hearing Custody
Conference. At such Conference, an effort will be made to resolve the issues in
dispute; or if this cannot be accomplished, to define and narrow the issues to be heard
by the Court, and to enter into a Temporary Order. All children age five or older may, at
the request of either attorney or party, be present at the Conference. Failure to appear
at the Conference may provide grounds for the entry of a temporary or permanent
Order.
FOR THE COURT,
Date of
Order:
By:
Custody Conference Officer
The Court of Common Please of Cumberland County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about
accessible facilities and reasonable accommodations available to disabled individuals
having business before the court, please contact our office. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
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
32 Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
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NOV 0 2 2001 ~~
JERRY R. DUFFlE
RICHARD W. STEWART
C. ROY WEIDNER, JR.
EDMUND G. MYERS
DAVID W. DELUCE
RALPH H. WRJGHT. JR.
DAVID L LANZA
MARK C DUFFJE
KEIRSTEN WALSH DAVIDSON
MJCHAEL J. CASSIDY
ROBERT M. WALKER
LAW OFFICES
JOHNSON, DUFFIE, STEWART & WEIDNER
A Professional Corporation
301 MARKET STREET
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043-0109
WEBSITE: www.jdsw.com
HORACE A. JOHNSON
OF COUNSEL
TELEPHONE 717 -761-4540
FACSIMILE 717-761-3015
E-MAIL mail@jdsw.com
WRITER'S EXT. NO. 16
E-MAIL mcd@jdsw.com
October 30,2001
01- IO'a"1 .;.,,,:\
Richard J. Pierce, Court Administrator
County of Cumberland
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: Scott R. Kuhn v. Rebecca J. Kuhn
Dear Rick:
Enclosed please find a Petition for Contempt and Order to Show Cause that I filed on
October 12, 2001. The Petition was mistakenly captioned "In Custody" and should have been
captioned "In Divorce". There was a Divorce Complaint filed in this case with a count for
custody to the same docket number. We filed a Petition for Special Relief pertaining to
equitable distribution and personal property to which the Honorable J. Wesley Oler, Jr. issued
an Order directing the Respondent, Scott R. Kuhn, to pay to the Petitioner, Rebecca J. Kuhn,
Two Thousand Two Hundred Ninety~Five ($2,295.00) Dollars. One Thousand Two Hundred
Ninety~Five ($1,295.00) Dollars remains unpaid. This Order represents an award for real and
personal properly repossessed following separation. The matter has nothing to do with custody
and therefore should not be referred to Dawn S. Sunday, Esquire. I apologize for the mistake in
the caption. Please refer the new Petitions enclosed to Judge Oler for consideration.
As always, if you have any questions or comments, please do not hesitate to call. If I am
unavailable, please feel free to speak with my legal assistant, Bobbie Moore. If you call other
than during our normal business hours, which are 8:30 a.m. to 5:00 p.m. on weekdays, my
Voice Mail extension is #16 and Bobbie's is #31. Please feel free to leave a message with
either one of us, and we will return your call. If you would prefer, you may contact me through
my direct e~mail address, mcd@idsw.com.
Very truly yours,
MCD:rjm:151280
Enclosure
cc: Dawn S. Sunday, Esquire
The Honorable J. Wesley Oler, Jr.
Rebecca J. Kuhn
Lawrence J. Rosen, Esquire
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JUN 0 52JJ1N1tfl
SCOTT R KUHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 01-1027 CIVIL TERM
: CIVIL ACTION - LAW
REBECCA J. KUHN,
Defendant
: CUSTODY
ORDER OF COURT
AND NOW, this
day of June, 2001, in consideration of the within
Petition it is HEREBY ORDERED AND DECREED that primary physical custody of
the parties' minor child, NOVA C. KUHN (DOB 5/2/97), is hereby awarded to
Petitioner. Respondent shall have su,ch periods of partial physical custody as the parties
may agree upon or as awarded pursuant to further action of this Court. The parties shall
continue to exercise shared legal custody.
BY THE COURT:
Edward E. Guido
J.
DISTRIBUTION:
Lawrence J. Rosen, Esq, 1101 N. Front Street, Hbg, PA 17102 (Counsel for Petitioner)
Mark C. Duffie, Esq., 301 Market St., P.O. Box 109, Lemoyne, PA 17143~0109
(Counsel for Respondent)
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FES 2 3 2004 ~
SCOTT R. KUHN,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001~1027
REBECCA J.KUHN,
Defendant
CIVIL ACTION ~ LAW
DIVORCE
ORDER
AND NOW, this
day of February, 2004, upon consideration of
Plaintiff's Motion to Enforce Property Settlement Agreement and Request for
Sanctions and Attorney's Fees, it is hereby ORDERED that:
a. Defendant file all documents necessary to obtain a decree in divorce
within ten (10) days service of this such Order, and in the absence of
such filing , the Court shall enter the Divorce Decree, upon motion of
Plaintiff;
b. Plaintiff is awarded attorney's fees, to be decided upon the
presentation of a Bill of Costs;
c. Defendant and her counsel shall be sanctioned as this Court deems
fair and just.
BY THE COURT
J.
Distribution:
Mark K. Emery, Esquire
Mark C. Duffie, Esquire
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FEa 2 3 2001,p
SCOTT R. KUHN,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
; NO. 01- /0:27 (};;j ~
REBECCA J. KUHN
Defendant
: CIVIL ACTION - IN DIVORCE
ORDER OF COURT
AND NOW, this day of ,2001, upon consideration of the
attached Complaint, it is hereby directed that the parties and their respective counsel appear
before , the conciliator, at
on the
,2001, at
. m. for a Pre-Hearing Custody
Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis
cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter
into a temporary order, All children age five or older may also be present at the conference.
Failure to appear at the conference may provide grounds for entry of a temporary or permanent
order.
FOR THE COURT,
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO
NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
Telephone (717) 249~3166