HomeMy WebLinkAbout03-5002IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KRISTIN M. MUHANNA,
Plaintiff
NATHAN Y. MLrHANNA,
Defendant
CIVIL ACTION - LAW
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
Complaint, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the
court. A.judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for divome is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania 17013-3387.
117 YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD, ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
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. Ail 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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KRISTIN M. MUHANNA, )
Plaintiff ) NO.
)
v. )
)
NATHAN Y. MUHANNA, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes Plaintiff, Krisfin M. Muhanna, by and through her counsel, Howett,
Kissinger & Conley, P.C., who hereby files the instant Complaint in Divorce and in support
thereof avers as follows:
1. Plaintiff is Kristin M. Muhanna, an adult individual who currently resides
at 1040 Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025.
2. Defendant is Nathan Y. Muhanna, an adult individual who currently
resides at 409 Smokey Wood Drive, Pittsburgh, Allegheny County, Pennsylvania 15218.
3. Both Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the
filing of this Complaint.
4. Plaintiffand Defendant married on October 12, 2002 in Harrisburg,
Pennsylvania.
5. Neither Plaintiffnor Defendant is in the military or naval service of the
United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of
the Congress of 1940 and its amendments.
6. There have been no prior actions for divorce or annulment of the marriage
instituted by either the parties in this or any other jurisdiction.
7. Plaintiff has been advised that counseling is available and that Plaintiff
may have the right to request that the court require the parties to participate in counseling.
COUNT I - DIVORCE PURSUANT TO §3301(c) OR (d) OF TI-IE DIVORCE CODE
The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
9.
10.
The marriage of the parties is irretrievably broken.
The parties separated on or about September 2, 2003.
WHEREFORE, Plaintiff respectfully requests the Court enter a decree of divorce
pursuant to §3301 of the Divorce Code.
Respectfully submi~e~, v.
HOWETT, KISS1NGER & CONLEY, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Kfistin M. Muhanna
VERIFICATION
I, Kristin M. Muharma, hereby swear and affirm that the facts contained in the foregoing
Complaint in Divorce are
true and correct to the best of my knowledge, information and belief and are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities.
Date: 9/19/03
Kfisfin M. Mtthanna
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KRIST1N M. MUHANNA,
Plaintiff
NATHAN Y. MLrHANNA,
Defendant
NO. 03 - 5002 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
Darren J. Hoist, being duly sworn according to law, deposes and says that he is an
attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 194
day of September, 2003, he sent the original of the attached letter, with which was enclosed a
certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly
endorsed, to the Defendant, Nathan Y. Muhanna, by certified mail, postage prepaid, return
receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 409 Smokey Wood Drive,
Pittsburgh, PA, 15218, the Defendant's last known address, and that the return receipt card which
was signed by Nathan Y. Muhanna, marked as having been delivered to him on September 24,
2003, is attached hereto and made a part hereof.
'D~arren J. H st, Esquire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for PlaintiffKristin M. Muhanna
SWORN TO AND SUBSCRIBED
day~mber, 2003.
otary P~.~
NOTARIAl. ~rrkL __ I
Bk'~IRA M SHIMP, IIOTAR'f iN CI'~ONI~
HARRISBURG, Dt~.IPHIt4 CO _ 5
CO~IMISSIO# EXPIRES AUG. 29. ZQU
JOHN C HOWE'Fr JR
DONALD T KISSINGER
CINDY S CONLE'~
D-~RREN J HOLST
HOWETT. KISSINGER & CONLEY, P.C.
'~0 ~,~,-~LNt T STREET
POSTOFFICE BOX 810
September 19, 2003
VIA CERTIFIED MAll,
RESTRICTED DELIVER Y
RETURN RECEIPT RE O UES TED
AND REGULAR MAIL
Mr. Nathan Y. Muharma
409 Smokey Wood Drive
Pittsburgh, PA 15218
Re: Muhanna v. Muhanna
Dear Mr. Muhanna:
I write on behalf of your estranged wife, Kristin M. Muhanna, who has retained our office
to represent her in the above-referenced matter. Please be advised that our office prepared and
filed on this date a Complaint in Divorce on Ms. Muhanna's behalf. Enclosed herein,
constituting proper service upon you, please find a time-stamped copy of the complaint.
Ms. Muhanna desires an amicable and expeditious resolution of this matter. She has
advised our office that she and you have already divided the marital assets accumulated during
your relatively brief man-iage. You will note the enclosed complaint seeks solely a no-fault
· divome and raises no other related claims. Regrettably, it is clear the marriage is irretrievably
broken, and it is my hope that you will cooperate in concluding the divorce at its earliest
opportunity.
If you retain an attorney, you should take the enclosed complaint and this letter to him or
her as soon as possible, and your attorney should contact me at his or her earliest convenience. If
you do not retain counsel, you may contact me directly. Either way, I would ask that you or your
attorney contact me within the next two weeks to convey your willingness to resolve this matter
expeditiously. Under the law, a divorce cannot be obtained any earlier than ninety (90) days
following the date of service of the complaint. Upon expiration of the ninety (90) day period, I
will forward an affidavit of consent and waiver of notice to your attention (or to your attorney's
attention) with the request that the document be signed and dated and returned to me.
Mr. Nathan Y. Muhanna
September 19, 2003
Page Two
Ms. Muhanna expresses deep regret over the dissolution of the mamage, but because
reconciliation is clearly not possible, her only option was to initiate this action. Given the short
duration of your marriage, it behooves both of you to finalize the divorce and move on with your
respective lives.
I look forward to speaking with either you or your attorney at your earliest convenience.
Sincerely,
Darren J. Holst
DJHJglg
Enclosure
cc: Kfistin M. Muhanna (w/encl)
Postage
Certified Fee
Pcstmark
Return Receipt Fse Here
IEndorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
Mr. Nathan Y. Muhanna
l ~m-~%-~-%~-~---~;:jj ................................
/-~,~;~5~;5-;;~-;---~;X---~-~- .....................................
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KRIST1N M. MUHANNA,
Plaintiff
NATHAN Y. MUHANNA,
Defendant
)
)
)
)
)
)
)
NO. 03-5002 CiVIL TERM
CiVIL ACTION - LAW
IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that Kristin M. Muhanna, Plaintiff in the above-captioned action,
[X] prior to the entry of a Final Decree in Divorce
or [ ] after the entry of a Final Decree in Divorce dated
hereby elects to resume the prior surname of Kristin Ann Mitchem, and gives this written notice
avowing her intention pursuant to the provisions of 54 P.S. 704.
Date: //~-/0 ~
~ristin M. Muhanna
TO BE KNOWN AS:
~di-stin Ann Mitchem
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF DAUPHiN )
On the ~ day of January, 2004, before me, a Notary Public, personally appeared
Kristin M. Muhanna, to be hereafter known as Kristin Ann Mitchem, known to me to be the
person whose name is subscribed to the within document, acknowledged that she executed the
same for the purpose contained therein.
IN WITNESS WHEREOF, I have here to set my hand and of~fi~fic~l Teal.
-~ N_ o~ary'Public ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KRISTIN M. MUHANNA, )
Plaintiff )
)
NATHAN y. MUHANNA, )
Defendant )
NO. 03-.5002 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
September 19, 2003.
PLAINTIFF'S AFFIDAVIT OF CONSENT
A complaint in divorce under ~3301(c) of the Divorce Code was filed on
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry ora final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REOUES,1,
.ENTRY OF A DIVORCE DECREE UNDER
~3301(e} OF TIlE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses ifI do not claim them before a divorce is granted.
3. I understand that I will not be 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 above are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date:~
· ' . Muh~ana, i'laintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KRISTIN M. MUHANNA, )
Plaintiff )
)
v. )
)
NATHAN y. MUHANNA, )
Defendant )
NO. 03-.5002 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
September 19, 2003.
DEFENDANT'S AFFIDAVIT OF CQNSENT
A complaint in divorce under §3301(c) of the Divorce Code was filed on
2. The marriage of Plaintiffand Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
_WAIVER OF NOTICE OF INTENTION TO REQUES
ENTRY OF A DIVORCE DECREE UNDEll
~3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if! 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 above are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom
falsification to authorities.
~fendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KRISTIN M. MUHANNA,
Plaintiff
NATHAN Y. MUHANNA,
Defendant
)
)
)
)
)
)
)
NO. 03-.5002 CIVIL TERM
CIVIL ACTION - LAW
IN 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:
Date:
Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code.
Date and manner of service of the complaint: Service bv certified mail on September 24,
2003; Affidavit of Service flied September 29, 2003 ~
Date of execution of the affidavit of consent required by ~3301(c) of the Divorce
Code: by plaintiff, December 24, 2003; by defendant, December 26, 2003.
Related claims pending: No related claims pending.
Date plaintift~s Waiver of Notice in §3301(c) Divorce was filed with the prothonotary:
contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce
was filed with the prothonotary: contemporaneously herewith.
~I}arren . Hg'lst, Esquire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for PIaintiffKristin M. Muhanna
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
-KRISTIN M. MUHANNA,
Plaintiff
VERSUS
NATHAN y. MUHANNA,
Defendant
NO.
03-5002 CIVIL TERM
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
AND
KRISTIN M. MUHANNA
NATHAN y. MUHANNA
ARE DIVORCED FROM THE BONDS OF MATRIMONy.
,_2004 , IT IS OrDErEDAND
., PLAINTIFF,
, DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HA~/E
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A F]NAL ORDER HAS NOT
YET BEEN ENTERED;
BY THE COURT:
ATTES . ·
PROTHONOTARY