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99-00020
f f , ~ l ,~, yr ~• .~ ~ :.:• •~ se~ •s~ ass as t- ;. w •• • r • w :~ h ~s.~eru,~aw,'•,po- ,vP •s~r •ala.aa:, IN THE COI.JIRT OF COMMION FLEAS >~ OF CUMBERLAND CO~JNTY M I~ STATE OF fM,~ ..f. t FENNA. y i~ THOMAS M, KUHN, _ _. ~) • ~; 99 - 20 ~ N l r .......... ..... ......... .. ]~~ Plaintiff i>: V c rrn i., MARIALYCR_M. KUHN, _ _ .. ~ W _ Defendant __ ~~ P i!i DECREE IN ~ DIVORCE ..- M AND NOW, , .. .... ~'~ -J,,~~ ~~"('~'~ .............-}9°",..,,, it is ordered and >~ k decreed that .... . .. . .... . ..~HDMAS . M....xuHN.. , , , ............. , plaintiff, and .... . ...... . ....... . MARIALYCE• •M, • KUHN ~ ~ .......... , . , . , defendant, 18 aro divorced from the bonds of matrimony.Purther, the Matrimonial lijSettlement Agreement executed by the parties on January 10, 2001 (coot" Y. 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. ~' 1 ~(cont'd) ,is incorporated herein as if fully set forth, for the purposes of ertforcemenb •but otherwiae~ shad •not• merge •inty •said'Decree:' The parties are hereby ordered to comply with the terms of said Agreement. 'i", ~OTher'e'are"rio'a~ditiorial"claiio's:"''"'"" ";~""" ;, ~' 7 Ily Th~YCo ~/ ~ ' +y 1'` Allot; .1. ? i i • Proll"onolnry • - _..._ - .: .. ', I J ~ f MATRI~ON~AL SF'I'TL.RMFNT A, Ii~j FM .NT t 'I'RIS AGREEMENT, rnade this jG~duy of~heiu~y__._,, 2001 botween MARIALYCF; M. KUHN, hereinafter referred to as "Wife" and THOMAS M. KUHN, hereinafter referred to `"}lusba~id". WITNESSETH; WHEREAS, the parties hereto, being Husband and Wife were lawfully married an Novomber 8, 1980 in Cumberland County, Pennsylvania; and WHEREAS, there were three children born of the parties; Greg Kulu~, born Aril 30, 1983,,Jarelle Kuhn, born February 5, 1987 and Kara Kuhn, born October 20, 1989 (hereinafter referred to as the "children"); and WHEREAS, Husband has commenced an action in divorce in the Court of ..Common Pleas of Cumberland County, docketed to No. 99-20 (hereinafter referred to as the "Divorce Action"); and WHEREAS, diverse and unhappy dift'erences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all mutters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the athor or against thou respeutlve estate; and WHEREAS, the parties hereto, Wife being represented by Barbara Sumplc- Sullivan, Esquire, and Husband being represented by Clary 1.., Rothschild, Esquire, have each exchanged thll and aompiete information as to the property, assets, and liabilities owned by each and have disclosed to each otfier and to their attorney(s) full information as to the financial status of both parties hereto. NOW THEREFORE',, the parties hereto, inconsideration of the above recitals, premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parries hereto, Husband and Wife, each intending to be legally !wand hereby, and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: 1_INCORPORATION OF PREAMBLE 1'he recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2, AGREEMENT' NOT A BAR TG DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to en absolute divorce on legal grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the pan of either party hereto of any act or acts on the pan of the other party, which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date Z , r horeoG T'he parties acknowledge that choir marriage is irretrievably broken and that they shall secure a rnutuai consent no-fault divorce pursuant to the terms of Seddon 3301 (c) of the Divorce Code ,Each party shall execute an "Affidavit of Consent" and "Waiver of Notice of Intention'1'o Request Bntry of a Divorce Decree" upon the expiration of the mandatory ninety (90) day waiting period, 3, EFFECT OF,~IV_Q~CI?,pECRBE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be encored with respect to the parties, 4, AGREEMENT TO BE INCORPORATED IN DIVORCE DEtrRFE The parties agree that the forms of t!ris Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically refeeenced in the Divorce Decree, 5. NON-MERGE$ It is the parties' intent that this Agreement does not merge with the Divorce Deoree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, dwnages, resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an Order of Court or Agreement pertaining to equitable distribution, alimony, alimony pendent life, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereinafter enacted, 3 ., f , ¢, DATE of E~~uTION , The "date of execution" or "execution date" of this Agrccmont shall be defned as the daft of execution by tho party lust executing this Agreement, '/. DISTRIBUT~O[J laATx; The transfer of property, funds, documents and/or any other thing or provided herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement ~mless otherwise specified heroin. 8. FINANC[AL DISCLOSURE The parties confirm that each has relied on the accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 9, SEPARATION Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they respectively deem fit, free from any control, restraint, or interference whatsoever by the other, Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or herby any legal or other proceeding. The foregoing provision shall not betaken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 10, DIVISION OF BANK ACCOUNTS The parties hereto mutually agree that they have divided all bank accounts and other financial accounts between them in a manner agreeable to both parties. The parties also mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of the bank or other financial accounts in his or her possession. 4 r The parties hereto mutually covenant, acknowledge and agree that any bank/credit ta7ion accounts or brokorage accounts not identified iro this paragraph, which is hold solely in individual names, shall become the sale a~~d separate property of the party in whoso name it is reglstored, Each party does hereby specifically waive, release, ronounce and forever abandon whatever right, titlo, interest or claim he/she may have in the other party's respective accounts, i, AUTOMOBILES. A. Division of Automo i es and bfotorcy~g, The parties acknowledge that they are the owners of two (2) automobiles and agree to the following division of the automobiles; (i) The 1997 GMC Van shall become the sole and exclusive property of Wife. There is currently no outstanding liability associated with this vehicle. (ii) The 1990 Ford, F 1 S0, 4X4, Truck shall become the sole and exclusive property of Husband. 'There is no outstanding liability associated with this vehicle. B. Transfer of Owners ip, Tho parties agree to oxecuto the titles ur assignments of lease agreements to the aforesaid vehicles, if appropriate, to effectuate the transfer as herein provided on the date of execution of this Agreement and said executed title/assignmonts shall be delivered to the proper party on the distribution date. For the purposes of this Paragraph the term "title" shall be deemed to include a "Limited Fower of Attomcy" if the title or lease 5 agreement to the vehicle is unavailable due to financing arrangements or Otherwi9e, C, Indemnification. in the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness the party receiving said vohicle as his or her property shall (i) take it subject to said lion, encumbrance, lease or other indebtedness; (ii) shall be solely responsible therefore and (iii) agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the teens of this Paragraph. 'fhe parties acknowledge they know of no liens, encumbrances, leases or other indebtedness to which any of the aforementioned vehicles is subject to, except those liens, etc. set forth in this Pamgraph, 12. PFiRSONAL PROPERTY The parties hereto mutually agree that they have divided all furniture, household furnishings, appliances and other household personal property between them in a manner agreeable to both parties, The parties also mutually agree that each party shall from and aRer the data of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 13. RETIREMF,NT F3ENEFITS, ASSETS AND PLANS The parties acknowledge that, as a result of their separate employment during the marriage, Husband is entitled to certain retirement benefits from AMP Incorporated (with G an estimated marital value of $13,200.00) and certain tex-deferred beneflls currently held in Husband's Vanguard Individual Ret#rement Account [with an estimated value of 570,600.00 as of December 31, 1998 (the approximate date of separation)] and that Wife is entitled to certain retirement benefits (with a paid in contribution of 51,600.00) from her employment as a teacher. Additionally, the parties acknowledge that, as a result of their curccnt or prior employment they have no other retirement or tax-deforced benefits. Husband asserts that the value of the Vanguard Individual Retirement Account has increased to $ 83,751, as of December 4, 2000. The parties acknowledge that they have exchanged full information about the above-referenced benefits, had them exwnined and valued by exports, or elected to voluntarily waive such valuation, and have reached agreement upon the distribution of those assets in the future. With regard to such benefits, accounts and assets, the parties agree that Wife shall receive one-half (50%) of Husband's retirement benefits from AMP Incorporated (value of one-half (50%) of benefit is approximately $6,60U.U0) through none-lime payment in the amount of $ 6,600.00 from Husband's Vanguard Individual Retirement Account, through a tex-free transfer to Wife's Individual Retirement Account. Wife shall also receive ono-half (50%) ot'Husband's Vanguard IRA, as of December 31, 1998, in the amount of $ 35,300.00, through tttax-free transfer to Wife's Individual Retirement Account. This transfer is intended to be to a qualified plan so as not to generate tax liability for either party, However, as said transfer is within Wife's control, any taxes associated with said transfers or payments shall be the sole responsibility of Wifc and Wife heroby ugrcos to indemnify Husband for any tax, penalty and/or iuterest resuhing from said -ransfer, Husband shall receive and be entitled to all remaining and other retirement lr~neflts, 401(k) accounts, individual retirement accounts, or other retit~ement accounts in his name or earned by him through his employment and Wife shall receive and be entitled to all retirement benefits, Keogh, 401(k) accounts, individual retirement accounts or other retirement assets in her name or earned by her through her employment, Except as may otherwise be provided heroin, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in the retiremont plans separately stated in this paragraph as well as any Pension Plan, Retirement Plan, Protit Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan, 'fax Deferced Savings Plan and/or any other employee benefit plan (collectively refereed to as "Employee Benefit Plans") and hereafter said Employee Benefit Plans shall become the sole and separate property of the party named in the Employee Benefit flans or through whose employment said Employee Benefit Plans are carried. The party receiving the retirement account shall be responsible for any and all outstanding loans associated with the account. 14. REAL PROPERTY. The parties hereto jointly owned real estate, as tenants by the entireties, being known and numbered as 312 Sample Bridge Road, Mechanicsburg, Pennsylvania, (hereinafter referred to as the "Marital Residence"). Said marital residence was acquired during the marriage. The parties mutually agreed and did sell the marital residence on May 25, 2000, 'fhe proceeds from the sale of the marital residence, after payment to 1 Husband pf $ 5,974.00 for work previously performed on the marital residence, were $ 54,8 19.87 and said amount was divided in half, and deposited into two equal eserow accounts with Commerce Bank of Harrisburg, The parties hereto agree to divide said proceeds as follows; $ 38,373,91 to Wife and $ 16,445.96 to Flusband (i.e. 70% to Wlfe and 30% to Husband), Any interest earned on the proceeds shall be divided equally by the parties and reported as such by both parties, 'fo effectuate said payment Wife shell retain her entire interest in her escrow account and Husband shall authorize the payment of $ 10,9b3.98 from his escrow account. 'the remaining balance in Husband's escrow account in the amount of $ 16,445.96 ($ 27,409,94 - $ 10,963.98 = $ 16,445.96) plus interest shall be the sole property of Husband, "fhe parties acknowledge that they know of no mortgages, liens, encumbrances or other indebtedness to which the marital residence is subject to. Gain on the sale of the marital residence shall be apportioned and reported to all applicable taxing authorities, in the same percentages as proceeds were received, namely 70 % to Wife and 30°/n to I lusbwid. Interest received by the parties shall be reported for tax purposes by each party in the amount received. Each party hereby indemnifies the other party for any taxes, interest and or penalties associated with the other party's share of interest income or gain on the sale of the marital residence. I5. HUSBAND'S BUSINESS Husband has previously and continues to operate an unincorporated business under his name and the name Whitetail Home Improvements (hereinafter referred to as the "Business")currently located at 122 Creeksidc Drive, Enola, Cumberland County, Pennsylvania. Wife hereby does specifically waive, release, renounce and forever abandon whatevor right, lltle and interest aho may have in the eforemoutioned business and the business shall become the sole and separate property of I lusband. Husband, agrees (f) to be solely responsible for any and all past, present and future debts, expenses 'and liabilities of the Business and (ii) agrees to indemnify, protect and save Wife harmless from any and all past, present and future debts, expenses and liabilities of tl-e Business. L, INSURANCE POLICIES The parties acknowledge that, Husband is the owner of ono or more life insurance policies (with an estimated cash surceuder value of zero) and that Wife is the owner of one or more life insurance policies (with an estimated cash surcender value of zero). With regard to such insurance policies, the parties agree that Husband shall receive and be entitled to the value of his insurance policies and Wife shall receive and 6e entitled to the value of her insurance policies. Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, intorest or claim, whatevor it may be in the insurance policies separately stated in this paragraph and hereafter said insurance policies shall become Use sole and separate property of the party named as the owner therein, The party receiving the insurance policy shall be responsible for any and all outstanding loans associated with said policy. 17. Cl1S'I'ODY AND FINANCIAL ARRANOEMEN'fS CONCERNINO CHILDREN A. CUSTODY: The parties hereto mutually agree that they shall have shared legal custody of their minor children and Wife shall have 10 primary physical custod Y of the minor children. Husband shall have reasonable physical custod y o1'thc nilnor children as agreed by the parties, but not lass th an one week day ovening each week far 2- 3 hours and every other woe kend from Priday evening until Sunday evening, with the exact times to be worked out by the Partlos, Husband agrees to provide a safe clc ' ~ and Private area for the Parties' daughter, Kara Ku d hn, uring Husband's periods of physical custody at Husband's residence, Husband shall attempt to obtain a larger residence, to further accom modate his daughter, within a reasonable amount of time, Doth parties a gree to keep each other informed if they are to be away from their residence for more than 24 hours and provide a telephone number or other method of contactin a -CHILD SUPPO g the party, ~-ART- The Parties have recently revised Husband's child support obligation through ;m action docketed at num PACSES Case number 307101126, bar 433 S 1999, Wife has withdrawn her support aPlxal and the parties have entered a stipulated support amount of $632.00 Per month, c tfective June 2, 2000 with the Domestic Relations Section of the Court of Common Plus. The Parties stipulation further indicates that any credit owed to Husband for °VerPaYments of child support shall reduce Flusb $32'00 Per month until the credit is reduced to and s obhgatron by unreimbursed medical ex zero and that all penses shall be shared equally by the parties, Thus, wife shall not be required to Pay the first $ 250,00 of unroimbursod medical exponses per child per year. Tho parties fLtiher agree and mutually covenant that the provisions concerning child support shall be modifiablo by olthor party upon any change in circumstance, C. CAR {DISURANCr; The parties mutually agree to assist each of their children in obtaining automobile insurance upon the child receiving his or her driver's license. t{usband and Wife shall each contribute one-third of tho annual cost of the automobile insuru-ce; provided, however, that each party's obligation shall not exceed $ 360.00 per child per calondar year and said obligation shall cease for each child upon the child attaining the age of 21 years. Additionally, Wife agrees to provide Husband with copies of automobile policies in effect and with documentation of Wife's payment, in accoedance with this sub- paragraph, prior to Husband making his obligated payments. D LIFG INSURANCF~ Husband agrees to maintain life insurance, with a death payment of not less than $100,000.00, until the patties' youngest child attains the age of 23 years. The beneficiaries of said policy or policies shall be the parties' surviving children, in Trust.The proceeds from the insurance policy (ies) and income therefrom shall be available for the needs of the children including, support, housing, food, medical care and education. The accumulated principal and interest, if any, shall be distributed to the parties' surviving children, in equal shares, upon the date that the youngest surviving child attains the 12 B, Wife''s Individual Debts: (i) Discover Credit Curd, account 6011 0022 1059 1376, with an approximate outstanding balance of $2,900.00, (ii) ,Partners VISA Credit Curd, account 43'16 8912 0044 7689, with an approximate outstanding buiar;,e of $3,500.00. (iii) Lewes Credit Card, account 822 2039 901209 3, with an approximate outstanding balance of $700.00. (iv) Sears Credit Card, aca;ount 03 63586 86961 4, with an approximate outstanding balance of'$2,500.00, C. Husband's Individual Debts: (i) F'leet Master Card, account number 5481 2001 0179 5865, with ati approximate outstanding balance of $3,600.00. Wife hereby agrees that she shall assume frill liability for the above-referenced debts, set forth in paragraph 19 B.(i) through (ivj, and she agrees to pay them as they become due, and to indemnify and hold Husband and his property harmless for any and all such debts, obligations and liabilities, Husband hereby agrees that he shall assume full liability for the above-eeferenced debt, set forth in paragraphs 19 C,(i) and he agrees to pay the debt as it becomes due, and to indemnify and hold Wife and her property harmless for any and all such debt, obligation and liability. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same become(s) due, and to indemnify and hold the other party and his or her property 14 oy ~ r0 y O ~ a0y~r {fiG~C o~y6'a /y4y66 ogi~6/ ,9G°'Y rya 0~0 °c/ r%yJ /'iyy y~o ~o 4ry/ ~0~',0 6,/o6ao V0 '~ ~~/~0 946// %v/y ~//o/,~, ~°~! y6 • yl~40 , y~46, o/% 0,6/ p67. ~pr oro/i a? '9' pro 40i ~0 may/ 'oy Ut-~p, 04 ~8 yo4r 0oyry0 /,~~ o y4o~ Toro ~'OO 6o^e, oo,~o Ooo4 0 4oroo o~'~r . 00x6 iry ~ '~0i o nor l4OO 0446/ //o~ry ,~~/r r~00 ~4 ~ y~ oo// ~/'c+4/ op~~/ ~oo '~6/oro 6'/fjo'^ 66/0 o~tio'r ~be~~o ~~^eof y//i,, ~o /~~/ y6 ~6'3, 06'0 ''h6! "y~ ~"B6r '~% °o/% 'ypy6 P66jo ///o~ '~6~~4 r~40 be~0 ~~6Br \ ~a~ . 0U0~0 740'' a/oyy y6~ 6'00 dip. 60,~p 066 0.G Y0r p4 y°r, o0y /I 4i0 ~ , 6~~, o/, s / °.rf ~iQ. 6~, i 6'0i ho o ~o ~ 40 'p6~, 00~ ~4 °6,, '~ ~° /L. .~ y o o / 04 ,, 4i ~ ~f o ~0.y~ I y0 °i, ~o '!~b %6'0 . ' 6y ° ~o e4/ r6'o6i, /0e ip6~ r9 4,04 f4~s 40y 4f6o iylo ~° /6e o04 ry -h~oh lei ro9 p06 °~i~ ~~. ~6 ~4of ~r4 ~~64 ~~°~ ~~46f ° 4©j~ 4''oy 6''6p ~'~ , f ,'y IFOi, 4or '0 ('Oq 4or 9 6'%' 9~0y60 S' `40604 4~4olc y~°~4 ~of40~ p0~ 04~/ay i0y'rya °r/0~ ?r0 ~6ory/ `0~i,f0 ifi a o~ 6rU 6ro~4 46//~ 'yo4yy/ ',~, 04. Zo 00r ~4or oro 64 o4y ~or4 6/io X000 or ~•v/ 00p.. 1'° 614 40~ 'D~ y, yyl0 y~0r G~6' 6 00 oy4 640 /!y// ~` s .DAP/ P 0 6`0~40~ 6/l4o~a ~a~4 /0O6f6n. A4''o .. ._ . ,, harmless for any end all such debts, obligations and liabilities, From the date of the exeoutdon of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and tho parties agree to not use any credit card or other debt instrumont for which the parties have Joint liability or any potential liability. 'Fhe parties agree to cooperate in closing any remaining accounts which provide for joint liability. Tire parties acknowledge that they have no joint debts nor any individual debts except for thoso dobts specifically idontified previously in this agreoment. '~_M[SCELLANEOUS P OPERTY All marital property not otherwise mentioned in this Agroemont shall be hereafter owned by tho party to whorn the property is titled; and if untitled, by the party in possession. 'T'his Agrcernent shall constitute a sufficient Dill Of Sale to evidence the transfer of any and all rights in such property from each party to the other. ~,_ LEGAL FEES. COSTS AND EXPE SES Wife acknowledges that slie has been represented by Barbara Semple-Sullivan, Esquire and Husband acknowledges that he has been represented by Gary L. Kothschild, Esquire. The parties acknowledge and agroe that each shall be responsible for the payment of the fees owed to their respective attorney. Husband and Wife do hereby waive, release and give up atry rights which they may have against the other for payment of counsel fees. The parties acknowledge and agree that each shall be responsible for the paymont of any and all costs and expenses incurred by that party. Husband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of costs and expenses. 22. 01'HER WRITINGS 15 Each of the parties hereto agree to exccu-e any and all documents, deeds, bills of sale or other writings necessary to carry out the intent and language of this Agreement. ~, UISCLOSU13~l~W~IVBR OP PROCBDURAI. R14~a'S Bach party understands ihst he or she had the right to obtain from the other party a complete inventory or list of all of tho property that either ur both parties owned at the time of separation and at the time andlor owned a! this lime and that each party had the right to have all such property valued by moans of appraisnis or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might 6e different from the provisions of this Agreement, Bach party hereby acknowledges that this Agreoment is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon Dither party. Both parties hereby waive the following procodura- rights; A. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. B. Tho right to obtain an income and expense statement of the other party as provided bythe Pennsylvania Divorce Coda C. The right to have property identified and appraised. D, The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. IG L', The right to havo the court determine which property is marital and which isnon-marital, and equitably divide and distribute behveen the parties that property which the court determines to be marital, end to sat aside to a pruty that property which the court determines to be that parties' non-marital properly, F, The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims far divorce, child support, spousal support, alimony, alimony pendente life (temporary alimony), equitable distribution, custody, visitation, ceunsel foes, costs and expenses, 24' FURTHER DEBT Wife agrees that she shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against Husband by reason of debts or obligations incurced by Wifc. 25. FURTHER DEBT 1{usband agrees that he shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against Wife by reason of debts or obligations incurred by Husband. 26~ MlJ"fUA[, RELEASE; 17 Bxcept as otherwise provided herein and so long as this Agreement is not rnodifled or canceled by subsequent Agreement, the parties hereby release and discharge absolutely and forever each other from any and all rights, claims and demands, past, present and future, including, but not limited tothe following: spousal support, alimony, alimony pendentc lite, division of property, claims or fights of dower and right to live in the marital home, right AY act as executor or administrator of the other's estate, fights as devisee or legatee in the Last Will and Testament of the other, any claim ur right as beneficiary in any life insurance policy of the other and any claim or right in the distributive share or intestate share of the other parties' estate. Additionally, Husband and Wife mutually waive any and all rights, claims and demands for the following items; A. }lusband's claim for reimbursement of $ 850.00 for mortgage payment he advanced for Wife; B. Wife's claim For $ 200,00 for withdrawal of her support appeal; C. Wife's claim to a portion of an insurance check totaling approximately $ 1,450,00; D. Wife's claim to proceeds from the sale of the parties' boat and utility trailer; E. Any other claims. 27. T~_X ON PROPGKTY DIVISION, The parties hereby agree and express their intent that any transfers of property pursuartt to this Agreement shall be within the scope and applicability of the Deficit reduction Act of 1984 or other similar tax acts (hereinafter the "Act"), specifically, the 18 provisions of the said Act pertaining to transfers of property between spouses or former 9pou9e9~ The parties egret to sign end caused to 1)C filed any elections or other documents required by the Internal Revenue Service to render the Acl applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provision of said Act. As to transfers to which the Act. may not or does nbt apply, Husband shall be solely responsible for any and all taxes that may be assessed orhecomo due from Husband, and Wife shall be solely responsible for any and all taxes that may. be assessed or become duo from Wife as a result of or arising from this Agreerent. As to transfers for which the parties arc or may be jointly liable, other than the sale of the marital residence, the parties hereto agree to contribute equally to such taxes, penalties and/or interest, Notwithstanding anything to the contrary, Wife agrees to be responsible for reporting 70 % of the gross proceeds and 70 % of the basis attributable to the solo of the marital residence on her Federal, State or other necessary tax returns. Husband agrees to be responsible for reporting 30 % of the gross proc:~eds and 30 % of the basis attribu-able to the sale of the marital residonco on his Federal, State or other necessary tax returns. Further, the parties agree to pay all taxes due for their reported sale and hereby indemnify the other party for said taxes, interest and penalties. The parties agree to allocate any expenses attributable to the marital residence, in the reporting of the sale, utilising this same, 70 % to Wife and 30 % to Husband, allocation. ~8. TAX.~E'fURNS Tho parties have heretofore filed joint tax returns, including federal, state and local relums. Hoth parties agree that in the event any deficiency in federal, state or local 19 income tax is proposed to any jointly filed roturn, or any assessment of any such tax is made against olther party, oath agroos to indemnify and hold harmless the other f}am and against anp loss or liability for any such tax deficiency or assessmont therewith and the panics hereto agree to contribute equally to such taxes, penalties and/or interest. 29_..,_ FINAL EGUI'1'AF3Lg DCSTR-pUTION OF PROPERTY T'he parties agree that the division of all property set forth in this Agreemont is equitable and both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division, 30. ENTIRE AGREEMENT 'this Agreemont constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 1, 1. __I EGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and thou respective heirs, executors, administrators and a981gns. FULL UISCLUSURF. Each party asserts that she or ho has made a full'attd complete disclosure of all the real, personal and all other property or assets of whatsoever nature and wheresoever located belonging in any way to each of'them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received 20 or receivable by each of them, and of every other fact relattng in any way to the subject matter of this Agreement i'hese disclosures are part of the consideration made by each .party for entering into this Agreement 33• BREACH AND COy7'C Tn F O CE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and either extra Judicial or judicial proceedings are commenced to enforce such duty or obligation, than the party found to be in default shall be liable for all expenses of curing the default, including, but not limited to reasonable attorneys' fees, court costs and expenses. 3A. AO EEMENT ENTERED INTO VOLUNI' RILY AND ACrREEMENT CLEARLY UNDERSTOOll Each party to this Agreement acknowledges and declares that he or she respectively: A. Has carefully read each paragraph and each provision of this Agreement; B, Has given careful and mature thought to the making of this Agreement; C, Is fully and completely informed as to the facts relating to the subject matter of this Agreement, including the paeties' assets and liabilities; D. Understands that Oary L. Rothschild, Esyuire is counsel for Husband and Barbara Sumple-Sullivan, Esquire is counsel for Wife. That each party has reviewed this Agreement with his/her counsel and received guidance as to his/her rights and obligatious under this Agreement; 21 E, Wife and Husband enter into this Agreement voluntarily after receiving the advice of independent counsel; and F, Fully and completely understands each provision of this Agreement, troth as to the subJect matter and legal effect. 3,~ AMENDMENT~I2 MUUIF TI ~V Thls Agreement may only be amended or modified by a written instrument signed by both parties, 36. SEVE . BILITY If any form, condition, clause or provision of this Agreement shall be determined or declared to bo void or invalid in iaw or otherwise, then only that form, condition, clause or provision shall be sti7cken from this Agreement and in all other respects this Agreement shall be valid and continuo in full force, effort and operation. Likewise, the failure of any party to meet his or her obligations or duties under this Agreement or any one or more of the paragraphs of this Agreement, with the exception of the satisfaction of any conditions precedent, shall in no way void or alter the remaining obligations or duties of the parties,. 37. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statutes and case law of the Commonwealth of Pennsylvania. 38. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22 39. LEGAL INTERPRETATJ,Q~N, It is agreed that although this Agreement was prepared, in its final form, by Gary L, Rothschild, Esquire, counsel for Husband, Thomas M. Kuhn, and typed by by the staf)'' of Gary L. Rothschild, Esquire, that nevertheless, this Agreement has been the fruition of negotiations botween the parties and/or their counsel, at great length, and, therefore, any ambiguity herein shall not be construed against the party whose attorney drafted it, and it is specifically agreed that if there is any ambiguity herein, thnt both parties arc equally responsible therefore. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES FCAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OP THIS AGREEMENT SHALL BF. AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARRJG. i IN WIT})NESS-NJF(F.REOF, the parties hereto have executed this Agreement the day and y aS t~ 't n aFwve. 7 v / ~ :Witness MA ALYCE . KUHN ("Wife") ~. - ~ ~ , 1 ~ ,~~~ _ ~ ~ a~ ~~ . • .~.~ itne THOMAS M. kU ("Husband") » , COMMONWEALTH OF PJE_NNSYLVANIA : COUNTY OFC' ~M~r 1~1•Y.' t SS On this, the ~~ day of~QnU_t~ _, 2001, before me, a Nntaty Public in and for the State and County afot•esald~emdarsigned officer, personally appeared MARIALYCE M. KUHN, known to me (or satisfactorily proven) to be the parson described in the foregoing instrument, end acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHERF.OF,1 hercunio sett my hand and official seal. 1/ ' .a `NatfTr~huTilic -._._ - -- % --~ Nolatld `~ pUgW ei~+°" tt°w"bw te. COMMONWEALTH OF PENNSYLVANI SS COUNTY OF ti On this, the ~ t'( _ day of _ ~ - ~~~ n ~~ 1,~ty 2001, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared THOMAS M. KUHN, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, t hereunto set my hand and official seal, -- ~ No Public -~ ~Nolar~al Seal Judith A Cunningham, Notary public 24 My Cornm~ssrloi~EXphes Itay 7, 2001 P,hunbcr Pnnnsyivun6t Assnriatiun i >f Nninrio~. ,,., ~' ~~ r c ~~~~, ~; :_l " ~ ~c rA,~ ;~- ~• r- ~ i,. ,~, ;~ ~~. , G i [.., C1 ._- :, t c a ~~ 7 ~ ~n ~ ~ r ~ 4t 1~.) C~1 i }~ ~ ~ ~- r• .~ tai U_ ;;, :, t ~,. ~~ } t:i - . ~ ,'r / ~ ~.. ~ ? . , .. THOMAS M, KUFIN, Plaintiff v. MARIALYCE M, KUFIN, Defendant ; IN TFIE COURT OF~ COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 20 CIVIL ACTION -LAW IN DIVORCE PRAF.CIPE TO TRANSMIT RFCO TO THE PROTFiONO'1'ARY; Please transmit the record, together with the following information, to the Court for entry of a Divorce llecree: L Ground for Divorce; 3301(c) of the Divorce Code. 2. Date and mamier of service of the complaint Certified mail, restricted delivery on February 1, 1999. Affidavit of Service filed February 2, 1999. 3. Date of execution of the afTdavit of consent required by Section 3301(c) of the Divorce. Code: By Plaintiff 1/]0/2~U1 ; By Defendant 1/4/2001. 4, Related claims pending; None. 5. Date Plaintift"s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: l / 12/2001; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary; 1 /16/2001, Dated: L ~` t~ // !J' Gary .Rothschild, Esquire 3211 North Front Street, Suite 303 Harrisburg,l'A 17110 (717) 221-8330 Attorney for Plaintiff ~~~t rte `~.. ~~ l~} ,~ .1 r' :, r, „ ~ r 1; i. II [YV [ ~~ ~{/ ~ r ~' vo ~' C~,~~' \; ~3~~ x ~~~~~~. `dwa0°~ a' t'~ ~ ~ ~Y °N~° l ( ~r' `~~~ ~ ~~ C I^ M . ~ ..~- 'THOMAS M, KIJFIN, [N THE COUIZ'T OF' COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PnENNSYLVANIA v. ; NO. , t~ ~ o2tJ ~=C.f~A~ :CIVIL ACTION -LAW MARIAI.YCE M. KUHN, , Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. It' you wish to defend against the claims sot forth in the following pages, you must take prompt action. You arc warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may bo 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 the divorce 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 at, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSF;S BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TH[S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT NAVE A LAWYF,R OR CANNOT AFFORD ONE, CO TO OR 'TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN CF.T LEGAL HELP. CUMBERLAND COUNTY 13AR ASSOCIATION 2 LIRF:R'TY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE; (717) 249-3166 THOMA5 M. KUIiN, fN THE COURT OP COMMON PLEAS Plaintiff ;CUMBERLAND COUNTY, PENNSYLVANIA v. NU. CIVIL AC'f10N - L,AW MARIALYCE M. Kl1HN, , Ucfendant IN DIVORCE IC Le hen demandado a usted en la Corte, Si ustcd Quiere defenderse de osias demandus expuestas en las puginas siguientes, usted liens que tomar accion pronto. Sea nvisado que si usted no se deflende, la Corte tomara medidas y un decreta en divorcio 0 anulacion puede ser entrado contract used por la Corte, Una orden contra useted tambien puede ser entrada por calquier queja o alivio que is pedid~ en la peticion de demands. Usted puede pcrder dinero o sus propiedades o otros derechos importances pare usted, inelusivamente custodia o derecho a visitar sus hijos. Quando el fundaments Para el divorcie es indignidades o el ropimiento dol matrimonio, usted puede pedir aconsejo sobre su matrimonio. Una lisle de consijeros es disponible en la oficina del Protonotario en el Si usted no archive en la cone enforma escrita su demands pare assistencia de divorcio, division de propiedad, honorarios o costas pare su abogado antes que la Corte entre una orden en divorcio o anulacion, usted puede pcrder su derecho a demander cualquiera de esto. Lleve esta demands a un abogado o si no liens c) dinero suficiente de pager cal servico, vaya en persona o (lame por telefono a la oficina cuya direccion se encuentra esterita abajo pare averigtrar dondc se puede consequir asistencia legal, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVF,NUG CARLISLE, PENNSYLVANIA 17(113 'fEhGPHONF;; (717)249-31G6 , THOMAS M. KUHN; : IN THE COURT OF COMMON PLEA5 Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MARIALYCE M. KUHN, Defendant IN DIVORCEi CUMPLAINT IN DIVORCE UNDER SECTION 3301 (Cl O~ 330I(D) OF THE DIVORCE CODE AND NUW COMES the above named Plaintiff by his attorney, Qary L. Rothschild, esquire, and seeks to obtain a decree in Divorce from the above named Defendant, upon the grounds hereinafter more fully set forth; COUNTI 1, Plaintiff is Thomas M. Kuhn, who currently resides at 312 Sample Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 170SS; having so resided since 1483, Plaintiff s Social Security number is 207-34.6307. 2, Defendant is Marialyce M. Kuhn, who curcently resides at 312 Sample Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 170SS, having so resided since 1983, llefendant's Social Security number is I62-48-2027. 3, PlaintiR and Defendant have both been bona fide residents in the Commonwealth for at least six months irnmediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 8, 19RQ in Cumberland County, Pennsylvania. 5. The PlaintitThas been advised of the availability ofcounseling and that he may have the right to request that the court rcyuire the parties to participate in counseling. b, There have boon no prior actions of divorce or for unnulment behveen the parties, 7. The marriage is irretrievably broken. 8, 'fhe Defendant is not a member of the Armed Services of the United States or .any of its allies. 9. The Plaintiff and Defendant arc both citizens of the United States. 10. Plaintiff avers that there are three children of the parties, Greg Kuhn, born April 30, 198J, ,lanelle Kuhn, born February 5, 1986, and Kara Kuhn, born October 20, 1989. WHEREFORE, the Plaintiff prays your Flonorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II 11. Paragraphs one (I) through ten (] 0) are incorporated herein by reference as if fully set forth, 12. Plaintiff states that the Plaintiff and Defendant possess various items of both real and personal marital property which are subject to equitable distribution by the court. WHEREFORE, Plaintiff respectfully request:~ that this Court: (a) Equitably distribute all real and personal property owned by the parties; ,-- ,,=r :r ,r;;~ _, • (b) For such fuMht~r relief as the Court may deem equitable end Just, NERIF ,ATION 1 verity that the statements made in this Complaint are tnae and correct. 1 understand that false statements herein arc made suhject to the penalties of 18 Pa.C.S. 4904 rolating to unsworn falsification to authorities, r~ `~^ ~ O U a ., ~ pp ahwa °'~~ V 1 Y S U N w ` a z~~~J ~^ v~ N ~ ~ CJ M ,. ~. ., , ' , ~ ~ TWOMAS M. KUHN, PluintllT v. MARIALYCE M, KUHN, Defendant : IN TFIE COURT OF COMMON PLEAS CUMIIERLANU COUNTY, PENNSYLVANIA NO. 99.20 CIVIL, ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE 1, Clary L. Rothschild, Esquire, heing duly sworn according to law, depose and say that I served a copy of the Divorec Complaint, in the above-captioned matter, by depositing it in the United States mail, return receipt requested, addressed as follows; Mrs. Marialyce M. Kuhn 312 Sample Dridge Road Mechanicsburg, PA 17055 'the return receipt card is attached hereto as evidence of service. Dated; ~ 99 ey: Sworn and Subscribed to before me tl}is 'ND day -- ~ of FchrunzL=41099: NOTARYS3C1~131;1C My Commission ixpire,:; `~ Gta L. Rothschild, Esquire prcme Court -.D. No, b2041 3207 North Frant Street Harrlsburg,l'A 17110 (717)221-8330 Attorney for Plaintiff ~NU'rgRIAL SEAL ~4HELBV L CHUMUCH, Notary Public City of Hmnaburp, paupMn L'ounry M Commiaaior EKpuae Nov 27, YWp THOMAS M, KUHN, Pialndff v, MARIALYCE M. KUHN, Defendant i ,~ f f ~ ae ii , ; M T.HE COURT' OF COMMUN PLF;AS CUMDERLAND COUNTY, PENNSYLVANIA NO. 49 -20 : CIVIL ACTION -LAW IN DIVORCE r .... _ ~ . - ..~ I ~ •~MaBNw.~ia.hwdB~~b.wdMa'wwNO... IYwwMhgnkNwlM C ~ •~YappByunnwne~dawmn.m~n.arwtonBanaw,o.nmwnrr~ 'we~rNoa{taM ~ •k~iW~MlkmtbMnhoaam. ~111~tN): .Wy1~a,armMOb.tlcMN~wAo»na 1.17 Ade,w..y,~,M, * ~~'t'nWquraiM'm IM Orbw BraYaN d~nWr, 5 ~an"wwa""n.uprw www b.+omttnWWnw aMw.a maau ar.. 9,f~R~ACbd p~pvNy ~ Po•MaMr ror h~. . b: . MRs. /'lAtt,/poYG r rr. kwr , z ols X76 y2f 3rZ SRnlca 6~~oa~ ~ d.R~a.Mnd pl Nr'c~,victev~t4, /~ a ..M.w ~ Irrtr~e ,~ la n~.p,a~w,awta» o ooc / 7oSS _ ~ e 1! iW6B5~BT~BAt7B 1888 y~o" ~^7i~ SERVICE OF DIVORCE COMPLAINT x % ~ U~ ~. ~LL C ~ ti ai ~ O Ow ~ ~oH~ ~ a u! 7 ~ .~`., r~ S ~ x '~ rt /h V m f _ _ •.: .. 1 _ s THOMAS M. KUHN, Plaintiff v. MARIALYCF. M, KUHN, Defendant y IN '1'HP. COURT OP COMMON PLEAS CUMBk;RLAND COUNTY, PENNSYLVANIA NO. 99 - 20 : CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSF,NT 1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on January 4, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint, 3, I consent to the entry of a final decree of divorce after service of notice of intention to request miry of the decree. I verify that the statements made in this affidavit arc true and correct. l understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Data; ~~ /Ct .. c~/ By: `_~~~~.~- -, : .~~~ _. Thomas M. Kuhn, Plaintiff . '~ ~ t^~ ., . - ' _.. _,: ~ - . ~ .. ~ti.l _ ~- 7 ;}(' - - ~ ~~ 1 _ ~. u V Q O t ~ (I,y ~_ o `~ ~ PGw~r~^ 3 ,~o~~~y s ~z ~vr~ H ~ ~ x ~.; c~ <, ., ~'NoMq~ M Kull PIalnU/r' N' 3 v, MAR1gl,YCg M 1(I/NIV befendanr ~~ Cv~MBRRI.,ANb CO1~N MMON PI, vn99 . zo Y, Pf:NNSY[,VgNlq gC~'ION . ! q W 1N ICI yORCIi ' / epnsent to the ~F, entry ofa final decree of ~VORCK COpE 2' l understand that 1 divor may lose ce without notice, lawyer's fees ore ribhts conce rninb' alimo xpenses ifl nY, division ofpropenY, not COUndand d that 1 trill not be divorced n~ them be fore a dt vorce is d that grante , a copy of the t 1 a divorce decree . filed with the decree will b 's entered b Prothonota~, a se Y the nt to me imn1ediatel y aRer it is r verify that t that Pals he statements made ' e statements 'n this affidavit herein are made sub' to uns are true and correct. l worn falsification to Jcct to the understand autho • • Penalties of l8 Pa:C, noes, S, § 49 Uafe; /h ..~.,1 ~~_,~--_ ~ relating 83,. Thomas M, Kuhn, Plain ~~~----_, Uff .., , 'fFIOMAS M. KIJHN, IN THE COURT OP COMMON PLEAS PiaintifT ;CUMBERLAND COUNTY, PENNSYLVANIA v~ ; NO, 99 - 20 CIVIL ACTION -LAW MARIAL,YCE M, Kl1HIV, Defendant IN UIVnRCF.. AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under § ~301(C) of the Divorce Code was flied on January 4, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the data of tiling and service of the Complaint 3, t consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, 1 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 1 R Pa.C.S. § 4904 relating to unsworn falsification to authorities, Date; _ _ ~ - '~` 0 ~ BY: ~~h..L t~" ~~,'hJ Marialy M, Ku ,Defendant 'fk10MAS M, KUIiN, IN'1'HF COURT' OIL COMMON PL,fAS Plaintiff CUMBIiRI,AND COUNTY, PGNNSYL.VANIA v. ; NO. 99 - 20 CtVlh ACTION - -,AW MARIALYCG M. KUNN, , Defendant IN bIVORCfi WAIVER OF NOTICE OF INTF,NTION TO REQUEST ENTRY OF' A DIVORCE DECREE UNDER B 3'i01 (C) OF THF' DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice, 2. - understand that 1 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. 1 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. 1 verify that the statements made in this affidavit arc true and correct. I understand that false statements herein are made subject to the penalties of I8 Pa.C,S. § 4904 relating to unsworn falsification to authorities. ~~ Mahal c M, Kuh , e endant l A ,r r, ` ~ ~ ~ > .a uJ l l ~ ; ~ ~ l ~~ l r ,: Fl u.- ~ ~~ f~? c y. , :, F S ~ [[ ~~ U I I C.) (i I •! - eq ~ G!u ~ C.a 11J I ln.l i ii4.' , ~ 7 7 i•° ~~ . ~ .. .. ~ _ . u x 1 ,, h .. ~E_ ,~ ... ,., .. ~.. THOMAS M, KUFIN, IN THE COURT OF COMMON NLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nlaintiff v N0.99-20 MARIALYCE M. KUHN, :CIVIL AC'T'ION - L.AW Defendant IN DIVORCE Y.gAES'zA('~ F 1R ENTRY OF APPEARANC'F TO THE PROTHONOTARY; Please enter my appearance on behalf of Defendant, Marialyce M. Kuhn. ;~ ~ .. DATE: FebruaryZ` j, 1999 arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, NA 17070-193 f (717)774-1445 Supreme Court LU, 32317 M r ~ 1 THOMAS M, KUHN, IN 'CIiE COURT OF COMMON NLEAS Nlaintitt' ;CUMBERLAND COUNTY, PENNSYLVANIA v, ; N0. 99-20 MARIALYCE M. KUHN, CIViL ACTION -LAW Defendant IN DIVORCE CF;RTI.FICATE OF~FRVI(~ I, BARBARA SUMPLF.-SULLIVAN, ESQUIRE, do hereby certify that on this date, 1 served a tnte and correct copy ofthe F.BAF~jpE FOR ENTRY F APP .ARAN['' in the above- captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Gary L. Rothschild, Esquire 3207 iJorth Pront Street Harrisburg, PA 17110 DA'GE: February2,~71999 ~4~~ nnage :;[reef New Cumberland, PA 17070-1931 (717)774-1445 Supreme Court LD. 32317 Attorney for Defendant 1.' .~~ ~_-1 s'~ .~. ~~'`_ 'THOMAS M. KUHN, ; IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs, ; NO. 99.20 MARIALYCF., M, KUHN, ~ CIViL ACTION -LAW befondant : 1N DIVORCE S2BILERAUOP'Ii1NG STIPU ATI 1N OF_ P_____ A~um~r~ AND NOW, to wit, this ~~day of ~~!'J~~, 1999, upon consideration of the parties' Stipulation, Defendant, Marialyce M. Kuhn is granted exclusive possession of the marital property at 312 Sample B; idge Roarl, Mechanicsburg, Pennsylvania 17055, subjent to the PlaintitFs right of entry set forth in the parties' Stipulation dated August 27, 1999, 'THOMAS M, KUFIN, PlaintilT vs. MAKIALYCE M. KUFIN, Defendant. W THE COURT' OF COMMON PLEAS CUMfIERLAND COUNTY, PENNSYLVANIA NU. 99-20 CIVIL AC'f10N -LAW IN DIVORCE STIPULATION. FOR iEX~1dL~lYE PO~C .SCION TH/SAGRF.EMCNT, made this 27th day of August, 1999, by and between T}iOMAS M. KUFIN, hereinafter refereed to as "FIUSBAND", and MAKIALYCE M. KUFIN, hereinafter referred to as "WIFE", W/TNES:SETH, That: WHEREAS, the parties hereto are husband and wife, having bean lawfully joined in marriage on November 8, 1980, in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, three (3) children were born of this marriage; being Gregory M. Kuhn, born April 30, 1983, Jauelle Kuhn, born February 5, 19R7 and Kara Kuhn, born October 20, 1989. WKERF.AS, WIFE and children reside at the marital residence located at 312 Sample Bridge Road, Mechanicsburg, Pennsylvania; WHEREAS', the parties separated on November 8, 1998; WHEItEA.4, FIUSBAND commenced a divorce action on January 4, 1999 in Cumberland County, docketed to No. 99-20; WIIEREA.S', Iit1SBAND has moved from the marital residence and has established his own residence; N(1W THEREFORE„ with the foregoing recitals being hereinafter incorporated by reference, the parties agree as follows: WIFE shall havo exclusive possession ot° the marital residence located at :112 Sample Bridge Road, Mechanicsburg, Pennsylvania to the exclusion of HUSBAND and any unauthorized entry thereon by HUSBAND shall bo in violation of this Agreement. Such exclusive possession shall continue until further agreement of the parties, 2. Simultaneously with the execution of this Agreement, HUSBAND shall return to WIFE all keys and garage door openers for the marital residence. 3. The parties agree that HUSBAND shall store his hunting and fishing equipment at the marital residence. HUSBAND shall havo access to said equipment upon flue (5) days written notice to counsel for WIFE. No marital personalty shall be sold without prior written approval of the other party. 5. HUSBAND is presently in the process of performing repairs to the marital residence. HUSBAND shall be allowed access to the marital residence for the purpoce of completing those repairs. These repairs include but are not limited to finishing the carpeting and certain exterior work. IiUSBANi) shall have access to the marital residence to perform said repairs with forty-eight (48) hours notice to VO'IFE. 6, HUSBAND shall be permitted to store materials related to his business in and around the shop which is located behind the parties' residence. iiUSBAND shall be permitted to pick up and/or drop off materials in or around the shop without prior notice to WIFE, WIFE agrees not to disturb, sell or conceal any materials related to HUSBAND's business. 7. The children are presently in WIFE's primary Caro. HUSBAND shall be allowed to come to the porch of the marital residence for the transfer of custody only, 8• The parties agree to formulate a custody schedule that is mutually agreeable to both parties and which incorporates the children's school and extra-curricular activities. 9. The parties agree that this Agreement can be terminated by HUSBAND if WIFE fails to pay the mortgage and other real estate expenses for a period of thirty (30) days when same were duo, 10. The parties hereto acknowledge and agree that this Stipulation for Exclusive Possession shall be entered as an Order of Court. [N WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN'I'HE PRESENCE OF; i WITNESS THOMAS M. K HN ..~ WI'CNESS MAR ALYCE . KUHN r cn o u ~ ~w .~ Q w aoo!Q ~ " 6i ~ ry ..i o z°, m"N ~ ~ ~ ~"~ ~~°,~ ~r> f w: :a a `' fit' -"; ~ ~.'j. ' , _;. ~ ct. ,.~ ~:1 ' 1 .t~ 'iii i~ 1 '~' ~ ~ .. lR ~' r• !~ L~ i ~ ~ ll ~ii(L r ` /~.. -- ~! ~ ~~ ,: , .. ~ ~- - - `e. t`.. ..fir .,.f. P_ {:. THOMAS M. KUFIN, IN THE COURT OF COMMON PLEAS Pleintlff : CUM9ERLANU COUNTY, PENNSYLVANIA v, : NO. 99 - 20 CIVIL ACTION -LAW MARIALYCE M. KUWN, , Defendant fN DIVORCE PRAECIPE TO'+VITHDRAW COUNTS TO THE PROTHONOTARY: Please withdraw Count II of Plaintiff s Complaint in Divorce, Respectfully submitted, ~~~~ ~~ Gar Rot schild, Esquire 3211 Narth Pront Street, Suite 303 Iiarrisburg, PA 17110 (717)221-8330 Attorney for Plaintiff