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HomeMy WebLinkAbout01-1027SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . NO. C Hc)a 1 C i o'k ( 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 if you fail to do so, the case may proceed without you, and a Decree of Divorce or Annulment maybe 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 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 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 (717) 249-3166 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. Plaintiff is SCOTT R. KUHN, a citizen of Pennsylvania whose primary residence is 708 Cocklin Street, Mechanicsburg, Dauphin County, Pennsylvania 17055. Plaintiff s 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 juris 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. Plaintiff and Defendant are both citizens of the United States. 8. The parties have been separated as of October 30, 2000. COUNT 1. Request for No-Fault Divorce Under 3301(c) and (d) of the Divorce Code 9. Paragraphs one through eight are incorporated as if fully set forth herein. 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 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 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 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. IT 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order of Equitable Distribution of marital property and marital debts pursuant to §3502 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 Scott R. Kuhn, 329 S. Washington Street to January 8, 1998 Rebecca J. Zatnya Mechanicsburg, Pa (now Rebecca J. Kuhn) and Howie Offinger (Defendant's son) January 8, 1998 to Scott R. Kuhn, Rebecca J. Kuhn 329 South Washington Street July 1999 and Howie Offinger Mechanicsburg, Pa July 1999 to Scott R. Kuhn, Rebecca J. Kuhn 708 Cocklin Street November 2000 and Howie Offinger Mechanicsburg, Pa November 2000 to Rebecca J. Kuhn and 615 Bangor Junction Road present Howie Offinger Banjor, Pa 22. Plaintiff is aware of no pending custody proceedings concerning the child in a court of this Commonwealth. 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. WHEREFORE, Petitioner requests the court to grant said custody of the child as indicated above. Respectfully submitted, KREVSKY & ROSEN, PC DATE: La fNrfth A 101 Harrisburg, Pa 17102 ID # 10625 (717) 234-4583 SCOTT R. KUHN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. REBECCA J. KUHN : CIVIL ACTION - IN DIVORCE Defendant 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. § 4904, relating to unsworn falsification to authorities. DATE: G % / SCOTT R. KUHN SCOTT R. KUHN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. REBECCA J. KUHN : CIVIL ACTION - IN DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this .2 I 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 ence J. Rosen, Esquire 1 North Front Street risburg, PA 17102 7)234-4583 Cl) _ o O O O 3 G7 H Jp n H H C3 r H n H U] T J (nom NcO 4 z z H o C7 ro x ° H o p ? z 0 wz=m R° m C r Z z [C*J a a x y ?° az x <0N Q w- r C q <zy a rry p f11 .ro > v zN -i rt ro D C] z ??M? Ctl d A;m rn?? l'1 N r o w ? (J H A r? Ut CIA U3 Gr? SCOTT R. KUHN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA J.KUHN DEFENDANT 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, PA 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: /s/ Dawn S. Sunday, Es Custody Conciliate, 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 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 County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ??) /(,7 5r r SHERIF'F'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 On March 21st , 2001 , this office was in receipt of the attached return from NORTHAMPTON Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEP. NORTHAMPTON 52.00 .00 89.00 03/21/2001 SANFORD & ROSEN So answer _ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this d7 a day A. D. / Prothonot'aYy Ian-T e Court of COMMOn Fleas of Cumberland County, Pennsylvania Scott R. Kuhn V5. Rebecca J. Kuhn No. 01-1027 Civil Now, 2/26/01 120 0 01 I, SHERIFF OF CUMBERLAND 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. F ?10 Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to 20at o'clock NY er the 1`V 7J C-) n . v copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this ____ day of 120 COSTS SERVICE $ NnEAGYE AFFIDAVIT County, PA t/ ORDER FOR SERVICE'REQUEST TO BE COMPLETED BY THE REQUESTING ATTORNEY 1. All information from the attorney must be filled-in 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 Sheriffs levy. The Sheriff or 3. When completing 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. 6. The attorney must certify all copies of process. township. if applicable. 7. Supply a self-addressed stamped envelope for return of service. PLAINTIFF: SCOTT R. KUHN DEFENDANT: Rto li? P c ?A .?. ,?W4,? SERVE UPON: /vi°/.E LOCATION: pocw .T_ A,411 ?o/? .c3A^'yBr Jv,.?}`u...,('r/• TYPE OFy?W?/RIT: II/ B1lr' r.P (40 -vo r .? o% v0 r"C ? f?.q'?y0 i? PfI /?0? 3 ATTORNEY (NAME, ADDRESS, PHONE) ATTORNEY SIGNATURE: OR PROTHONOTARY USE ONLY DOCKET NUMBER ^ j I LAST DAY FOR SERVICE: I FEES PAID: ??` u 7 iO. IA A 01-109 RE N OF SERVICE (To be completed by Sheriff) INDIVIDUAL SERVED: DATE: TIME: Rr 5to r(-,q T_ /<'c,( l,,/ 13/8 LOCATION: (IF DIFFERENT FROM ABOVE) O BOROUGH OF: O CITY OF TOWNSHIP OF: Se ed fn the following manner: ( ) Other: Defendant personally served ( ) Not Found ( ) Moved ( ) No Answer ( ) Vacant ( ) Unknown ( Adult family member with 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 HAWBECKER SHERIFF OF NORTHAMPTON COUNTY I hereby deputize the Sheriff of County, BY: To execute and make a return on the above and attached action according to law. i?aQh ^^ /? Deputy Sheriff Badge #S Sheriff of Nortbampton County Date ACCEPTANCE OF SERVICE I accept service of the authorized to do so. on behalf of and certify that I am (Defendant or Authorized Agent) (Mailing Address) NORTHAMPTON COUNTY SHERIFF'S DEPARTMENT 669 WASHINGTON STREET EASTON, PA 18042-7483 (610) 559-3084 (6110) 559-3781 (REAL ESTATE) ORDER OF COURT AND NOW, this 30'' day of April, 2001, upon consideration of Defendant's SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW REBECCA J. KUHN, Defendant NO. 01-1027 CIVIL TERM Petition for Ex Parte Supplemental Special Emergency Relief, a hearing is scheduled for Tuesday, May 1, 2001, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Lawrence J. Rosen, Esq. 1101 N. Front Street Harrisburg, PA 17102 Attorney for Plaintiff Mark C. Duffle, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant :rc O esley OI f ;7 Su:C L,j rjE uQV4, 1 ,tEld vi, !' f?ii ?0 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT R. KUHN, Plaintiff/Respondent V. REBECCA J. KUHN, Defendant/Petitioner Attorneys for Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 01-1027 CIVIL ACTION - IN DIVORCE 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: J. 145693 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT R. KUHN, Plaintiff/Respondent V. REBECCA J. KUHN, Defendant/Petitioner Attorneys for Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 CIVIL ACTION - IN DIVORCE PETITION FOR EX PARTE SUPPLEMENTAL SPECIAL EMERGENCY RELIEF AND NOW comes the Petitioner, Rebecca J. Kuhn, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, and files this Petition for ex parte supplemental special emergency relief and support thereof avers as follows: 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 Plaintiff/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. 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. 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. 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 151, 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 curing the default on the 1999 Dodge Caravan or permanently transferring title to the 1987 Toyota pickup to Wife. 145693 Respectfully submitted, JOHNSON, DUFFIE, STEW WEIDNER By: Vrkuffle VERIFICATION I, Mark C. Duffle, 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. /?? Mark C. Duff Date: April 27, 2001 :145704 CERTIFICATE OF SERVICE I, Mark C. Duffle, of the law firm of Johnson, Duffle, 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: A( Mark C. 145707 'TJi;. rD i a Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT R. KUHN, Plaintiff/Respondent V. REBECCA J. KUHN, Defendant/Petitioner NO. 01-1027 CIVIL ACTION - IN DIVORCE ORDER OF COURT AND NOW, this 1.5 day of April, 2001, upon consideration of the attached Petition for Special Emergency Relief, it is hereby ordered that an expedited hearing/conference is scheduled for ?tu 2001 at/ Lb o'clock _.M. in Court Room ' Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: V :145263 VWt\MNN,38 n0 \ utyno.l o, rc; .?? tlii Lz Z'81 10 CCy APR 2 0 2001 h\?^lk Attorneys for Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. I Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT R. KUHN, Plaintiff/Respondent V. REBECCA J. KUHN, Defendant/Petitioner Attorneys for Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 CIVIL ACTION - IN DIVORCE 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, Duffle, 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". 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". 10. 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 "D". 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 maternal 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: 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 leatherjacket 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 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 woodburning 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. 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 Landlord/Tenant 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: 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. 145263 Respectfully submitted, JOHNSON, DUUFFFFIIE, STEW T & WEIDNER By:6/ !? 1? l I'lark C. Duffle VERIFICATION 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. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. i REBECC KUHN Dated: X- 7" Q :145123 CERTIFICATE OF SERVICE AND NOW, this day of L , 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: Lawrence J. Rosen Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-3324 JOHNSON, DUFFIE, S?? ART ? WEIDNER By: / 'ark C. :145263 yy i READ THE CONDITIONS OF THISLEASE - TMs Least MWb ,M.......2t).th................... ...-&l uf..4etmbat ......... .............................. ..-.A. a2ma-1 Flw.m ..'.C$8..?)g,II.III.9..,?E?A'11...G.II9>.r..-pt:NGR.R.R.b}..5...lMSA?dp.F....4.Ni..9.}i1S :pd.A:..._.,. Mr,4. .aa dw*p U. Warr w Mt r.n. ud -. 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'L.,.`I,.:.... 6' 00' d'.:,,.m th. tat of ":ovamber 2000 and the tat Of Omer, ..........................................................................................he .. aonth tharaafnT. aer,t duet 0ar 200^ sha11 wnlvered Yn t au:; of 5705, In ennsldora( ten?fjt X0olsan wa Painting and mmeawng minor .,yb i m (not O Of f r th.not exc ed "..?cd." in m 1. dw I. o. arm ?hdl 6. d.erd . ." daniw Iw w,Fr tun d. A awrul ewWUUw d ar :w..r bard rM h. M _,.Atia..tzl...ARRO,431.1...,.,__........ W r n do r'Jwu marl .damn: f.M.r .auw. And .wry wru- I.w- fW rmbrn.. dull M d,..W A IuM., ..W Iw . ah. Irma m and b tM wum.r. And .my a.h .a 4 OWI M wbbd m tM paam .1 ft I.w. 4a. ACCELERATION. If tennant fails to pay any installment of rent when. same becomes due and payable, the entire amount due under this agreement shell at once become due and payable. 41b. SECURITY DEPOSIT. A security deposit in the sum of $765.00 is required and has been paid by the tenant, The security aeposit may not be applied by. the tennant as and for payment of any rant due the Owner prior to vacation of the premises hy_the tacent. ShouLd tennant be responsible for damage and or loss of value to the premises greater than the value of the security deposit, tennant agrees to reimburse the owner for such lose immediatlely upon presentation of the bill for, said damage and or, lose. 4c. All rentals are to be paid to DENNIS-KEITH DROOP, trudtle, ?PO-HOXB387, 9ailoraburg, PA 18353- 4d. SEE "ADDENDUM TO LEASE". S., near M. Iw ImrA.• :rr.u .N esrJlarr and drw.w a.m. Won "A" n cases auatusn LCSlgs is rouowo i; . . . " L:n',:xR u? i wn.., Y.,r er brr mtl .1 re. Mn Y nxr Ivnir MJMxN L b,nr M?Y xxu 1. ne I. v1.. w ? n,r J.?..n.x. .14:..a.y w • L I r r , I Y F•nM IY • Yxnl'!• a I,uN .Ayr w•: L 1 ' • • ° I m YNj ?IVr!M\JYhxML AnI(•,n(du1,4 ?I,Au?IW ^?n1 • .n?n .i:..u :; Y. , .rw ::?1? Wi Y •? 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J1Nr rCni?nunM? 4 Jry m Y 41tl X,H. iyuiij y I1 I1'' •: ( x u r'°?MUxM^ Y. ,v° T^ l , •. i . ? w, w " N I, wx• . n„.IrW .• r. N u? : •L n•° l x' .. r , .•: Nra: ?'ixy .i^ ? i M 4 nY ?? • e, xe .,, i :N ..n. n . •:eYi . • n . nu WL M,tl r, ultl ? CmY• ua •N Inb m H r n.nl rlr ?Y M u I• ,• • Ln4tl ,Y MYrn/W tln+.u/ ryY Ln mlpn 4 W xuxx vY N n li• , N. J , I In rx1 x •Fe:I C• ° //? / p 3a'!ASen..:. "ntyniU-i:Uil'1 ?( ! g g f4(? / / 9 ba]tt R. ruh& % ?l 1e'6? ,^ 1 v bT / ) for TO ?ENNI9 HEITH GROUP, LTD trustos ADDENDUM TO LEASE h. property described in. his lease is ranted "A. ie". The tenant shall ..plate and return, within 31 days of. taking pocaaes!on, a move in inspection, -notifying the trpate., i wi. iting, of any existing damaga. (2) Tenant shall be respon.ibl. for all utilities (gas oil, electric, garbage collection, water and sewer, t.laphos and TV' Cable). (3) A late payment fee of 02.00 per day shall bo charged, for all rant. or any portion there of, not paid Within 5 days of the due date. Date payvent face .hall be charged from the data payment Was duo, mith a maximua(charg. not a...sd I months rent. (4) All rent. paid 2 days prior to due data, as per post.makk?,?!ball be discounted I. the aum of 015.00. (5) Each tenant is jointly and separately responsible for ;4 bast of all ,r,"'ts and utilities: and or damages. (6) The um. of k...... beaters ie prohibited. (7) Tenant shall be responsible for obtaining "Renter's Ine?rnamm"fur ]lability and Property loss. (S)Tenant shall .... all responsibility for all damage. due Rc-veglig.nce of tenants or guest., and shall notify the trust.. I. Writing of any damage,: (9) The tenant call keep the premises he occupies and uses safe, ad ax4tary. (10) The tenant ,hall dimpoae of rubbish, garbage, and other. waste in a safe, and sanitary ...at. (11) The tenant shall be responsible for all removal of emw and ice Iran xalkwnys and public aide Walks. _ (12) Tenant shalt: be re.ponaibls for cutting all Its., (13) The tempt xbell ... all electrical and plumbing fixture i a safe sad proper manner. To...t hall keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition I.Ceita. (14) Tenant agrees to give back p...... in. of the property in the acme condition at thm conclusion of the leas., as When the tenant m.sivad pceaeaalon. (15) Tenant hall conduct themsalf and require other persona on the premise. With his consent to conduct thmiselves I. . Wart. that Will not disturb his neighbor.' peaceful anjcysent of the,premi.as. (16) Tenant shall. not conduct, nor shall they permit, any unlawful act. to conducted on the premises. Possession of illegal drug., by any tenant, off the promisee, shall terminate this lease israadiately. - (17) Tenant bell not unreasonably withheld consent for the 'trustee to antes on the prsai.ea in order to inspect said premises, make ordinary, necessary, or agreed repair., alterations or improvement, Or athibit th. premise to prcapeotive or actual purche...a aortgage. other resident. or contractor.. (18) Tenant agrees not to make any alteration or paint or cover walls or surfaces of the rental pr®isae with any material whatsoever, without prior written consent of the trustee. (19) Tenant hereby waives statutory notice to quit. (20) Upon O...Insion of the lass, tenant, shall. Siva truatea, their Dew adds... in writing. If the tamnt fails to pay last months rent and give ..tic. of new address, tenant shall pay a penalty equal to two months rent. Trustee shall give, within 30 day., an itemised list of damage.. (21) Should thm trustee be required to take legal action to regain possession of the property, obtain payments at rent., utilities directly paid or reimbursement for damages, the tenant shall be reaponsible to pay all the trustee's legal and court expenses, plus a $100.00 administrative fee. (22) The tenant shall keep no pat. without Written permission of the Oscar. A 650 pet rant penalty shall be paid by the tenant, for any month or any portion of a month, an unauthori.ed pat I. kept. 4(23) Tenant shall not assign this agreement Or sublet the pramiee8 or any part thereof without written permission of the trustee. (24) Tenant shall keep no pets that than type listed. Pet p.raitted (25)Tenant shall not permit, any official of any govetoaant agency to enter or conduct say type impaction Without Written authorisation Of the trustee. I HAVE HEAD AND UNDERSTAND T IIT,IION5 OE THI15 ISEASE. /?/J/?J Rabmcr.x ........ l?iCt'??! /O Z Z?6 TENANT .1 DAM ECOt i, ... 10 `Zf9, -CU -ahn TENANT DATE TEW 7 a8(1r7aoa.. David g. .1t For/TSE USNH 9 KEITH GROUP, LTD. /trustee PFAD Number: NV 1173003H REBECCA KUHN : IN THE COURT OF : COMMON PLEAS Plaintiff :NORTHAMPTON :COUNTY, :PENNSYLVANIA V. :CIVIL - PROTECTION FROM ABUSE SCOTT R KUHN Defendant : No. 00048PF2000001182 PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is REBECCA KUHN 2. I, (the Plaintiff), am filing this Petition on behalf of. - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. REBECCA KUHN 4. Plaintiffs Address is : 615 BANGOR JUNCTION ROAD, BANGOR, PA 18013 5. Defendants Name is: SCOTT R KUHN 6. Defendant is believed to live at the following address: 708 COCKLIN STREET, MECHANICSBURG, PA 17055 7. Defendants Social Security Number is: 205-52-4419 8. Defendants Date of Birth is: October 6, 1959 9. Defendants Place of employment is: GINGERBREAD RESTAURANT, MECHANICSBURG EXHIBIT "B" 1. ii. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse 12. The defendant has not been involved in a criminal court action. 13. Plaintiff and Defendant are the parents of the following minor child/ren: a. NOVA KUHN Age:3 YRS Child's address is: 615 BANGOR JUNCTION RD, BANGOR, PA 18013 14. Plaintiff is 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. NOVA KUHN 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 location: 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 VEHICLE AND AS I GOT INTO THE CAR, HE PULLED ME BY MY HAIR THEN THREW ME AGAINST THE TRUCK AND WAS VERBALLY ABUSIVE AND PULLED THINGS OUT ON THE VAN. I RAN INSIDE WITH THE BABY AND PHONED THE POLICE. IN THE MEANTIME, HE DUMPED ALL OF MY BELONGINGS OUT OF THE VAN ALL OVER THE PLACE. HE DOES HAVE A PROBLEM WITH DRUGS. 16. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor children: a. AS DETERMINED BY JUDGE 17. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: WASHINGTON TWSP. POLICE 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 Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude 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 children and place the following IMPORTAN'r MORMATIOPI fF YOU HAVE BEEN BEFORE THE JUDGE AND HAVE GOTTEN A TEMPORARY PROTECTION FROM ABUSE ORDER: You MUST appear in Court again for your second hearing on the date the Judge gives you. Turning Point can provide someone to be with you to help explain the court process and give you information about your rights under the Protection From Abuse Act. 4p #3E4A4AU#4e?3'o?Sr{r+P???d??i??6+????#aP•?+brY,?tlP?dB?'?t4l4tdp'>?'?1??r??A@i?4Nt3?iBfi? For example, you have a right to ask for: * the abuser to stop the abuse against you * the abuser to be kept away from 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 of wzeapons used or threamned to be used against you ??@+n4bIFab4a..n4??'?•t??4P?fA?S?A?B+?4F? $+?+OAA?•?a?d+4?1?4P^7$?ii?i®9ra®?l?+A?'????aA•El4EeP 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 housing, money, your children or your safety. ASKING FOR A PROTECTION ORDER IS AN IMPORTANT STEP AND SHOULD BE CONSIDERED CAREFULLY. WE CAN HELP !!! CONTACT TURNING POINT OF LFMGH VALLEY 437-3369 24 HOURS A DAY, SEVEN DAYS A WEEK FREE & CONFIDENTIAL SERVICES ?disk•L.cnl restrictions on contact between Defendant and child/ren: d. Prohibit Defendant from having any contact with Plaintiff and/or minor children, 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 DefendanPs residence, where Defendant can be served. VERIFICATION I verify that I am the petitioner as designated in the present 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 unworn falsification to authorities e?d, 16u/ Signature Date )2- /J 2ccr? REBECCA KUHN Plaintiff ,;AFET. 2R MUST a. . ?1 rl YOU AT hLL TIMES : IN THE COURT OF : COMMON PLEAS :NORTHAMPTON : COUNTY, : PENNSYLVANIA CIVIL-PROTECTION • FROM ABUSE 94 SCOTTR KUHN 'vim °O,g O? Defendant : No. 000481`17200000 p q ? FOR YOUR SAFETY s THIS ORDER MUST NOTICE OF HEARING AND ORDER ?oGyf?o? 6 (3E WITH H?Y?OFUU AT y Y&I'11TANEBEEN 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 against 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 Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A heating on the matter is scheduled for the 20th Day of December, 2000 at 1:15PM , in Courtroom MOTIONS COURT at NORTHAMPTON COUNTY GOVERNMENT CENTER Courthouse, 669 WASHINGTON STREET, EASTON PA 18042. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest 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 proceedings 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 Pennsylvania Crimes Code. In addition, if you are. subject to a FINAL PROTECTION ORDER, you may be prohibited from possessing, transporting, or accepting a firearm under the 1994 Amendment to the federal Gun Control 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 FOR YOU. 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. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. County Lawyer Referral Service LAWYER REFERRAL SERVICES 155 SOUTH NINTH STREET EASTON PA 18042 (610) 258-6333 EXHIBIT "C" REBECCA KUHN : IN THE COURT OF : COMMON PLEAS Plaintiff :NORTHAMPTON :COUNTY, :PENNSYLVANIA V. CIVIL - PROTECTION FROM ABUSE SCOTT R KUHN Defendant : No. 00048PF2000001182 TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: SCOTT R KUHN Defendant's Date of Birth is: October 6, 1959 Defendant's Social Security Number is: 205-52-4419 Name(s) of All protected persons, including Plaintiff and minor children: 1. REBECCA KUHN AND NOW, on 13th Day of December, 2000 coon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff s request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. r 2. Defendant shall be evicted and excluded from the residence at: 615 BANGOR JUNCTION RD., BANGOR, PA.18013 or any other permanent or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiff is granted exclusive 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 contact with the minor children 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 location, including but not limited to any contact at Plaintiff s school, business, or place of employment. r' 4. Except for such contact with the minor children 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 through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintiff . is awarded temporary custody of the following minor child/ren: 1. NOVA KUHN Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the children are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law enforcement agency for delivery to the Sheriffs Office. 1. Ag DETERMINED BY JLliGE 1- P Defendant is prohibited from possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 7. The following additional relief is granted: - Order Defendant to pay the costs 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 Defendants residence, where Defendant can be served. The Prothonotary is 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 Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendanfs return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C.§§2261-2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain wi aw enforcement agency whose officer made the acre ?J BY THE g6un: ?edge Date Distribution to: PLAINTIFF DEFENDANT PENNSYLVANIA STATE POLICE:BETHLEHEM POLICE OF RESIDENCE FOR PLAINTIFF ATTACH TO TENPOHARY OHOEE - IN THE COURT OF CONNON PLEAS OF NORTHAMPTON COUNTY,, PENNSYLVANIA -CIVIL ACTION - LAW k ` True Copy Attest PLAINTIFF ?I??P_CCG11 " Iancy Noll ) . aerk. of Court vs ;iwV Nrothonbta PROTECTION FROM ABUSE 7 /1,,,ry7?2/G NO. ?frv - i l$ 2 'DEFENDANT -?GoI?b., r:nrcrr?asio )Expires %,lnnday!. Van.20020.8.: FOR -'AFITY THIS ORDER MUST ) BE WITH YOU AT ALL TIMES EXTENSION ORDER AND NOW, hearing date on PFA Petition is continued petj sJ?vi e.Of 0o A Temporary Order on the Defendant: cz°. 1. The Court extends the Temporary. Order, copy of wh c is attached, EFFECTIVE FROM 2r , 20 , to Zo ; 200) _ or further Order of Court, whichever occurs first; 2. This order remains in effect regardless of Resumption of Cohabitation by Parties- 3. Either party may place this matter on a miscellaneous hearing list for hearing on the merits after service of the complaint and this order has been effected. 4. The Clerk of Court shall telefax a copy of this Order to the Police Department(s) listed below, which shall enforce this Order in accord with instructions on rear of temporary order. 5. Sheriff of Northampton County, or. any adult, shall serve copy hereof forthwith upon the Defendant, and forthwith file return of service in the Clerk. 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 placed on Defendant. POLICE DEPARTMENTS: BY THE COURT, ' r TEc IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA AINTIFF- REBECCA KUHN , CIVIL ACTION LAW v- RL E]DOT'ECTIONFZFROMM ABUSE ;FEpNDAta• SCOTT R. KUHN NO- 00048A TNO(CiO }?` ?t 2001 JAN 12 A II 20 Nancy Noll D. O. B.:_ SS#_ Clerk of Court - C?LpERf( OF?I L? t n ORDER OF COURT UNDER PBfib?'I 0N_Bl;I AHU '91 Expires uJ Mo NCRTN,AMFTCN CCONTY PA ,.rst Monday '? Jan. 2002 AND NOW, this.- day of .2Dunder the Protection from Abuse Act., 23 Pa. C_S.A_ 4.6101 et sea., it is hereby ORDERED and :DIRECTED: HWA% Der, ?llm t RA iu /lfl RdIM I p ?-#, Costs shall be paid by the defendant. CLERK OF COURT SHALL FILE CERTIFIED PHOTOCOPY OF THIS ORDER WITH THE SHERIFF AND ALL POLICE DEPARTMENTS WHO. HAVE BEEN DIRECTLY NOTIFIED OF THE PFA ORDER, WHICH PHOTOCOPY SHALL BE SUFFICIENT COURT AUTHORIZATION FOR ENFORCEMENT- , _ BYCOURT,,, n SEE NOTICE TO PARTIES ON REVERSE SIDE ff(//? 1. ((,.i . EXHIBIT "D" IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSY A S E C C A 1 1 U H Q LA FF ?F CHID ACTION LAW P INTI - V. T- K PROTECTION FROM ABUSE ( S Z - ZOO NO DEFENDANT .fit-'IT , p .. ` D.O.B.• li" SS# - - q F0 S(OKK a 1JAf T Y BUSE ACT ES ORDER OF COURT UNDER PROTECTION FROM A WNMA N ! . day of VVV ? AND NOW, this // ae- -nom v " , •A, undet -6 Pr to n from Abuse Act, 23 Pa. C.S.A. S.6101 et sea-, it is hereby D and 65ECPEDc . nfAN CJ T CO C? zz? N GUST o}JY 0 V/ AGE HE SHALL ? I?aT LEY}VEF Cv,r ti t }}?Y?1.?E c3T? QI` }STEP ?RL GiZ/? NDi?OT?EEIZ. /l j ALL QTFf-Oi?- -KES-PECT-5 REF ?KIoR ®A?f?s 5/?r?L ,L l2 EIV A l PJ 1 IJ Costs shall be paid by the defendant. F-- FFEC t A True Copy Attest Nancy Noll Clerk of Court CiviUProthonotary M Comrsioh Expires First Mon ay i Jan. 2002 CLERIC OF COURT SHALL FILE CERTIFIED PHOTOCOPY OFTHIS ORDER WITH THE SHERIFF AND.ALI, POLICE DEPARTMENTS WHO. HAVE BEEN DIRECTLY NOTIFIED OF THE PFA ORDER, WHICH PHOTOCOPY SHALL BE SUFFICIENT COURT AUTHO ION FOR E ORC BY CO r SEE NOTICE TO PARTIES J- ON REVERSE SIDE ......... .... EXHIBIT -"E'. SCOTT R. KUBN IN THE COURT OF COMMON PLEAS OF PLARgT[FF CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA 1. KUHN DEFENDANT 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, PA 17055 on Wednesday, March 21, 2001 at 1••00 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: /s/ Dawn S. Sunday, Esq:? Custody Conciliate The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disahilites 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 LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-31"LIE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the seal of said Court at Carlisle, Pa. This ..:X......... day of..? I !........r E)MIBIT "F" Prothonotatg ? SCOTT R. KUHN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0t- /baq Ct0 REBECCA J. KUHN : CIVIL ACTION - IN DIVORCE S>? " Defendant ?.= Ft: 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 ifyou 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. ,4 judgment may also be entered against you for any other claim or reliefrequested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation ofyour children. When the ground for divorce is indignities or irretrievable breakdown of the marriage. you may request marriage counseling. A list oj'marriage counselors is available at the Office of the Prothonotary at the Cumberland Countv 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 .411 necessary arrangements anti 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 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 (717) 249-3166 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 luris 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 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) of the Divorce Code 9. Paragraphs one through eight are incorporated as if fully set forth herein. 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 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 armed forces of the United States. ld. 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 Prouerty 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order of Equitable Distribution of marital property and marital debts pursuant to §3502 of the Domestic Relations Code. COUNT III. Custod 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 Scott R. Kuhn. 329 S. Washington Street to January 8, 1998 Rebecca J. Zamya Mechanicsburg, Pa (now Rebecca J. Kuhn) and Howie Offirger (Defendant's son) January 8, 1998 to Scott R. Kuhn. Rebecca J. Kuhn 329 South Washington Street July 1999 and Howie Offinger Mechanicsburg, Pa Judy 1999 to Scott R. Kuhn. Rebecca J. Kuhn 708 Cocklin Street November 2000 and Howie Offinger Mechanicsburg, Pa November 2000 to Rebecca J. Kuhn and 615 Bangor Junction Road present Howie Offinger Banjor. Pa 22. Plaintiff is aware of no pending custody proceedings concerning the child in a court of this Commonwealth. 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. WHEREFORE, Petitioner requests the court to grant said custody of the child as indicated above. Respectfully submitted, KREVSKY & ROSEN. PC r.. DATE: Lawrence J. RosenS?Esquire Auomev for Plaintiff -I'101 Noah Front Street Harrisburg, Pa 17102 ID # 10625 (717) 234-4583 SCOTT R. KUHN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. REBECCA J. KUHN : CIVIL ACTION - IN DIVORCE Defendant VERIFICATION 1. SCOTT R. KUHN, herebv 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. § 4904. relating to unswom falsification to authorities. DATE. ' SCOTT R. KUHN SCOTT R. KUHN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. REBECCA J. KUHN : CIVIL ACTION - IN DIVORCE Defendant 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 La ence J. Rosen, Esquire I10,1 North Front Street '-? Harrisburg, PA 17102 (717) 334-4583 SCOTT R. KUHN, . IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-1027 CIVIL TERM CIVIL ACTION - LAW REBECCA J. KUHN, Defendant CUSTODY CRDER OF COURT AND NOW, this 30 day of ?[lfh , 2001, upon consideration of the attached Custody Con 11 ation Report, it is ordered and directed as follows: 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. _. 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 non 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 EXHIBIT "G" 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. BY THE COURT, ?'S??,ll//N1AP7?C. 11//Y.6 J. cc: Lawrence J. Rosen, Faquire - Counsel for Father Mark C. Duffie, Esquire - Counsel for Mother TRUE !:`W FROM RECORD In Testimo-• "Of. 1 hrrr unto set my IsW end the see( of sa! Court ai arlisle, Pa. rnt ..... y 1....:... cx fR, Prot onotary SCOTT R. KUHN, Plaintiff VS. REBECCA J. KUHN, Defendant PRIOR JUDO: J. Wealey Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH COMBHNLAND COUNTY 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 CUSTODY 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. Date Dawn S. Sunday, Esquire Custody Conciliator In the Court of Common Pleas of NORTE AMPION County, Pe4rsylVlr LI DOMESTIC RELATIONS SECTION ??--- -- REBECCA T. KUHN ) Order Number 000801 Plaintiff ) VS. ) PACSES Case Number 8o61o00o6 SCOTTY R. KUHN ) Docket Number DR-0000801 Defendant ) Other State ID Number ARDER OF CO URT mal Q Interim Q Modified AND NOW, 16TH DAY of MARCH, 2001 based upon the Court's determination that the Payee's monthly net income is $ o. oo and the Payor's monthly net income is $ 2,897.96 , 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. oo ) a month payable MONTHLY as follows: first payment due UPON 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 Form OE-519 Service Type M E74IIBIT "H" WorkerID 49155 KUHN Y. 1 UHN PACSES Case Number: 806100006 The defendant owes a total of $ 784-00 per month payable MONTHLY $ 653.00 for current support and $ 131.00 for arrears. The defendant must --also pay fees/costs as indicated below. - - Said money to be turned over by the Pa SCDU to: PROBER BENEFICIARY . Payments must be made by check or money order. All checks and money orders must be made payable to Pa SCDU 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. Unreimbursed medical expenses that exceed $250.00 annually per child and/or spouse are to be paid as follows: loo % by defendant and o % by plaintiff. The plaintiff is responsible to pay the firs $250.00 ann ]y (per child and/or spouse) in unreimbursed medical expenses. Defendant Plaintiff O Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the QPlaintiff O Defendant 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 applicable 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 booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Page 2 of 4 Foam 0E-519 Service Type M worker m 48155 KUHN V. KUHN PACSESCase Number. 906io0o06 Other Conditions: DEFENDANT'S LIABILITY FOR SUPPORT OF SPOUSE IS DEFERRED PENDING FURTHER DISPOSITION OF THIS COURT. RECORD INDICATING THAT THE DEFENDANT PAID PLAINTIFFS RENT FOR 3 MONTHS AT _065.00, ARREARS ARS CREDITED $2,295.00. Defendant shall pay the following fees Fee Tntal Fee Descdn6nn Payment Frequemy ss.00 far. lcrar COMPDTER FEE Payable at S s. oo per ONE TIME S 0.00 for Payable at$o. oo per S o.eo for Payable at$0. oo per S 0.00 for Payable atS o. oo per $ 0.00 for Payable at$ o. oo par E1MRTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, 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 CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAYBE ADJUDGED IN CONTEMPT OF COURT, AND MAYBE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT 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 ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. A MANDATORY INCOME ATTACHMENT 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 THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. Page 3 of 4 Form OE-539 Service'rype M WorkerID 48155 KUHN V. KUHN PACSES Case Number: so6loo006 UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, 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 comply 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 accordance with law; this Order will be increased without further hearing by o % a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Copies delivered to parries BY REGULAR KmL Date Consented: Plaintiff Defendant Plaintiff s Attorney Defendant's Attorney BY THE COURT: FA Judge Original: Docketing xc: defendant Christopher Shipman, Esq. plaintiff DPW LAB/as Mailed: 3/23/01 Page 4 of 4 Form 0E-519 Service Type M Worker ID 48155 In the Court of Common Pleas of NORTEL MPTON County, Pennsylvania DOMESTIC RELATIONS SECTION -REBECCA J. KUHN ) Docket Number Plaintiff VS. - ) PACSES Case Number SCOTTY R. KUHN ) Defeudmt ) Other State ID Number NOTICE OF RIGHT TO REOUEST A HEARING DR-0000801 806100006 The parties are hereby advised that they have until APRIL 2, 2001 to request a hearing de novo before the Court. File requests in person at: DOMESTIC RELATIONS SECTION NORTHAMPTON Cry GOVT CIR 669 WASHINGTON ST EASTON PA 18042-7481 Or mail t0: DOMESTIC RELATIONS SECTION NORTHAMPTON CTY GOVT GTR 669 WASHINGTON ST EASTON PA 18042-7481 Form OE-522 Service Type M Worker ID 48409 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: NORTHAMPTON I Mag-DIM.NO- 03-3.03 DJ Nunn: hon. TODD M. STROBE 718 SOUTH MAIN STREET P.O. BOX 186 BANGOR, PA T2-o..,:610) 588-3998 18013-0186 REBECCA J. ZOTYNIA-EUHN 615 BANGOR JUNCTION ROAD BANGOR, PA 18013 RECOVERY OF REAL PROPERTY PLAINTIFF: HEARING NOTICE NWE and ADDRESS rDENNIS EEITS GROUP LTD. BOX #387 SAYLORSBURG, PA 18353 L J VS. DEFENDANT: NAME. ADDRESS rRUHN, SCOTT R., ET AL. T 615 BANGOR JUNCTION ROAD BANGOR, PA 18013 L J Docket No.: LT-0000056-01 Date Filed: 3/20/01 ? X?ft 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 Place: DISTRICT COURT 03-3-03 718 BOOM MAIN STREET Time: 1:00 PM P.O. BOX 186 BANGOR, PA 18013-0186 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 AND RENT IF CLAIMED, MAY NEVERTHELESS BE ENTERED AGAINST YOU. A JUDGMENT AGAINST YOU FOR POSSESSION MAY RESULT IN YOUR EVICTION FROM THE PREMISES. It you are disabled and require assistance, please contact the Magisterial District office at the address above. DATE PRINTED: 3/20/01 MIBIT "I„ AOPC 319B-96 COMMONWEALTH OF PENNSYLVANIA DISTRICT COURT 03-3-03 TODD Us STROVE 718 6. MAIN STREET, PO BOX 186 'BANGOR, PA 18013-0186 610-588-3998 H 94343 I-APIL'J UJINU A NU PLAINTIFF. rvgnE T=4141S REIrR GRa F ICAN ELD BOX #381 ADDRESS SAYLORSBUP.G, PA 18353 DEFENDANTISI. vs. CLAIM NUMBER LT 19 - LT- 56 -Ol DATE FILED'. l1A8GS 20 2001 D-t NAME SC'JTT R. Atih'H ' AND 615 BANGOR JUNCTION ROAD L1??1C3T. 1 AMOUNT DATE PAID ? ?6TS 3l ADDRESbA1iGOR, FA 18013 FILINGCOSTS s 900 3-20-01 REBECCA J. ZOTYNIA -KUM NAM TOW. ED S 10.00 D 2 ANDS 615 RANCOR JUNCTION ROAD rPfiT6Y.q ¢ 139.85 __ ADDRESWOORe PA '8013 TO THE DEFENDANT: THE ABOVE NAMED PLAINTIPFI51 ASKS JUDGMENT TOGETHER WITH COSTS AGAINST YOU FOP THE POSSESSION OF REAL PROPERTY AND FOR'. LANDLORD SEQ. POSSESSION OF SAID FILMIS€S. -1 DAMAGES FOR INJURY TO THE REAL PROPERTY, TOWIT. IN THE AMODNT OF $ DAMAGES FOR THE UNJUST DETENTION OF THE REAL PROPERTY IN THE AMOUNT OF $ ?n RENT REMAINING DUE AND UNPAID ON FILING DATE IN THE AMOUNTOF S 7,650.00 AND ADDIIR ONAL RENT REMAINING DUE AND UNPAID ON HEARING DATE $ TOTAL 3 THE PLAMTIrF FURTHER ALLEGES THAT; 1. THE LOCATION AND THE ADDRESS, IF ANY, OF THE REAL PROPERTY IS 615 BANGOR JUNCTION ROAD, BANGOR, PA 18013 p, THE PLAINTIFF IS THE LANDLORD OF THAT PROPERTY. 3. HE LEASED OR RENTED THE PROPERTY TO YOU OR TO LNu ER WHOM YOU CLAIM. 4. ? NOTICE'rO REMOVE WAS GIVEN IN ACCORDANCE WITH LAW, OR r O NOTICE IS REQUIRED UNDER THE TERMS OF T14F LEASE. S. HE TERM FOR WHICH THE PROPERTY WAS LEASED OR RENTED IS FULLY ENDED, OR rE711q FORFEITURE HAS RESULTED BY REASON OF A BREACH OF THE CONDITIONS OF THE LEASE, TO WIT: FAILURE TO PAY am OR, LJWENT RESERVED AND DUE HAS, UPON DEMAND, REMAINED UNSATISFIED. 6. YOU RETAIN THE REAL PROPERTY AND REFUSE TO GIVE UP ITS POSSESSION. 1 J DAVID J. LINDSTSDT., GEN. W1. FOR THE DENNIS AETTR GRP. I, hereby verify that the facts set forth in this omPlaint are true and t.,mm to the best of my k o dgei'inf Y dbel 1 This statement made subjecttothepanal[.eb Pa.CS,44904relatingtounswornfatsfceTOn to...ho t I Plaintiff's Attorney HEARING IS SCHEDULED BY THE DISTRICT JUSTICE AS FOLLOWS. LOCATION DATE TIME 718 SA.MAIN STREET, BANGOR, PA 18013 MARCH 29, 2001 1x00 PM IF YOU HAVE A DEFENSE m this complaint you may Prawn[ n at the heanng. IF YOU HAVE A CLAIM ai the PlannlH ansm9 out of the o<cuVancy ai the pre wh ch is within the Doh,' Junme lurocI and w mh F. a and to a S the heerin g, YOU MUST FILE r mplamt fmm at tlru office BEFORE THE TIME set for the ho-N. IF YOU DO NOT APPEAR AT THE HEARING r a Judgment for Possession and on and for d amagas antl rent I if claimed, may nevertheless be entered aymnsl you. A judgm m aya.-I you In, Po,essmn may result in your EVICTION from the premrse.s. AOPC 310. t-es Gi F-FENDANT'S ID-21 kl7p1 LE:D COP`! va?v /LANJ7tf11?)D-/AN-DTENAMIT COMPLAINT y, SI,;NATURE: - ' /I LcGV'? DATE: PLEASE NOTE: REAL\?]P'ROPERTY MOST BE LOCATED IN THIS MAGISTERIAL DISTRICT. 11Please c rth secretary to verify location of pro err y) A?if/ J. l d?S/FD 6 d, 4Wid Sco?7 w !l U/?i1/. /9`x?d YOUR NAME T11'i2??Y7/S DEFENDANT'S/' N)MfE /pf?', C[/q T. ZOTy?I/A'„IJ/JR/(I ADDRESS ADDRESS (0/S r/R/¢Of/PP IT?I'(I?G.f?O/Cl ?P.D /* /duo/3 TELEPHONE CHECK THE APPROPRIATE BOXES: TO TUE DEFENDANT: WE ASK IUIMMENT TOGETHER WITH COSTS AGAINST YOU FOR THE POSSESSION OF REAL PROPERTY AND FOR: ( ) DAMAGES FOR INJURY TO THE REAL PROPERTY TO WIT TOTAL AMOUNT OF DAMAGES: $ c MONTHLY RENT ryy//??5' m0 IN THE AMOUNT OF SECURITY BEING BEL //p/5,6p $ fv? DAMAGES FOR THE UNJUST DETENTION OF THE REAL PROPERTY IN THE AMOUNT OF $ 'Oro, '?2D ?7 6, 0 l? RENT REMAINING DUE AND UNPAID IN THE AMOUNT, OF $ ! ' ( ) AND ADDITIONAL RENT REMAINING DUE AND UNPAID ON HEARING DATE $ THE PLAINTIFF FURTHER ALLEGES THAT: (Please complete appropriate information) 1. C? THE LOCATION AND THE ADDRESS OF THE REAL PROPERTY IS 6i5 b'R7t?sn/e ,T?n/cI-?iu'/?V/ Bf/rarov/ ?A /?0/3 2. 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 OR RENTED IS FULLY ENDED OR LEASE, TO WIT k) RENT RESERVED AND DUE HAS, UPON DEMAND,, REMAINED UNSATISFIED 6. ,NJ YOU RETAIN THE REAL PROPERTY AND REFUSE TO GIVE UP IT'S POSSESSION X) A FORFEITURE HAS RESULTED BY REASON OF A BREACH OF THE CONDITION OF THE SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW REBECCA J. KUHN, Defendant NO. 01-1027 CIVIL TERM ORDER OF COURT AND NOW, this 17'h day of December, 2001, upon consideration of Defendant's Petition for Contempt, Plaintiff's Answer and New Matter to Defendant's Petition for Contempt, and Defendant's Reply to Plaintiff's New Matter, a hearing is scheduled for Thursday, February 14, 2002, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, /?/" - o J. Csley Oler, r. Lawrence J. Rosen, Esq. 1101 N. Front Street Harrisburg, PA 17102 Attorney for Plaintiff Mark C. Duffle Esq. ? g 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant :rc SCOTT R. KUHN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA J. KUHN DEFENDANT • 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 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. 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: /s/ 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 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 LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,, ; -?, , ;s .ir ,rt,.?o k??,r? • l ?, .-, ?. n . ?, ,, ?'?;? SCOTT R. KUHN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA J. KUHN NO. 2001-1027 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 5T" day of JUNE, 2001, 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, 2001, shall remain in full force and effect. Lawrence J. Rosen, Esquire 1101 North Front Street Harrisburg, Pa. 17102 For the Petitioner Mark C. Duffle, Esquire 301 Market Street P.O. Box 109 Lemoyne, Pa. 17143-0109 For the Respondent s 2 D J ? v ? wc?C) A Z Qc a. p W ? m Z, w z :r R° ,Zms x>O> ?C V z cn N D M p?m m ? N O W A CdTI oti N c C 10 H, H 6 O N 1 O N J n r 3 CJ*1 0 N H Z q? E? FC I K r 1 Ti e =: 1 47 ?z ,0 z C a1 VV11 f jl. OIL SCOTT R. KUHN, : IN THE COURT OF COMMON PLEAS Plaintiff : 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 day of June, 2001, comes Petitioner, Scott Kuhn, by and through counsel, Lawrence J. Rosen, Esquire, and offers the following averments 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!2197). 5. Petitioner filed a Complaint in Divorce with a count for custody on February 21, 2001. 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) At the time of said conciliation, Respondent was living in Bangor, Pennsylvania. Petitioner has exercised his period of physical custody, at Respondent's request, from Saturday, June 2, 2001, until Tuesday, June 5, 2001. 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 old boy. 11. Petitioner is familiar with said children as they lived with the parties prior to separation. 1 t . 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 is fearful 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. 17. Respondent has demonstrated her contempt 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 home 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 SCOTT R. EVEN, Plaintiff VS. REBECCA J. KUHN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : N0. 01-1027 CIVIL TERM : CIVIL ACTION - LAW : CUSTODY CRDER OF COURT AND NOW, this 304? day of ry 1n r( . , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 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- energency 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 tie responsible to make alternative arrangements for the child curing her period-of unavailability. 4. Within 60 days after receipt of the evaluator's custody EXHIBIT A 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 Conciliaticn Conference. BY THE COMT, cc: Lawrence J. Rosen, Esquire - Counsel for Father Mark C. Duffie, Esquire - Counsel for Mother "- ^'""" ind t a seal of said t my hand kurt at Cadiste, Pa. .li r J7 SCDTT R. KUHN, Plaintiff VS. REBECCA J. KUHN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUFNARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY ROLE 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: DATE OF BIRTH Nova C. Kuhn : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COU TYr PENNSYLVANIA : NO. 01-1027 CIVIL TERM : CIVIL ACTION - LAW CUSTODY May 2, 1997 CURRENTLY IN CUSTODY OF 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. Date Dawn S. Sunday, Esquire Custody Conciliator SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, , Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 CIVIL TERM CIVIL ACTION - LAW CUSTODY VERIFICATION I, SCOTT R. KUHN, 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. § 4404, relating to sworn falsification to authorities. DATE: ?G ? -- " SCOTT R. KUHN SCOTT R. KUHN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-1027 CIVIL TERM CIVIL ACTION - LAW REBECCA J. KUHN, Defendant :CUSTODY CERTIFICATE OF SERVICE AND NOW, this 5'?- 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 U.S. Mail, on the following: MARK C. DUFFIE, ESQUIRE 301 MARKET STREET P.O. BOX 109 LEMOYNE, PA 17143-0109 Aimee L. Paukovits 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 SCOTT R. KUHN, Plaintiff VS. REBECCA J. KUHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this j 5 it day of -,? %.,I-1 , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room # , of the Cumberland County Court House, on the fAet, day of Oo / a , 2001, at =30 o'clock, a, .m., at which time testimony will be taken. For purposes of the Hearing, 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'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 COURT, dll l cc: Lawrence J. Rosen, Esquire - Counsel for Father Mark C. Duffie, Esquire - Counsel for Mother 7%9/,0/? J. . a>? S SCOTT R. KUHN, Plaintiff VS. REBECCA J. KUHN, Defendant PRIOR JUDGE: Edgard E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 CIVIL TERM CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PF40CEDURE 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: DATE OF BIRTH C URREiMY 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 natter 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 matter has been proceeding wider 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 Dawn S. Sunday, Esquire Custody Conciliator PLATINUM PLUS Ix. n.v II..e.II www.mbnanetaccess.com SCOTT R KUHN 708 COCKLIN ST MECHANICSBURG PA 17055-0502023 To: Scott 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 P.O. Box 1000 2 Baldwin Place Chester, PA 19022 1-800-888-4213 Experian - East P.O. Box 2002 Allen, TX 75013-0036 1-888-397-3742 If you have any questions, please call 1-800-472-7970, from 8 a.m. to 7 p.m., or Friday, 8 to 4 (Eastern time) may write to P.O. Box 15021, Wilmington, DE 19850-5021. Account Managers are ready to assist you. Enclosure FM 8 12-96 690-100 Equifax P.O. Box 740241 Atlanta, GA 30374-0241 1-800-685-1111 Monday through Thursday If you prefer, you Our knowledgeable PLAINTIFF'S EXHIBIT ACCOUNTNUMBER / ? S U1 - .i i US i • (? i-sc ) 42 264 2982 0448 0241 ? s PAYMENT DUE DATE NEW BALANCE TOTAL Salinas 1 02/01/01 11 $1,779.711 m T . OTAL MINIMUMPAYMEMDUE AWOUNTENCLOSED CARDHOLDER SINCE 1 $15 00 1 1 da Make check nnull III, ut 1111 1996 . ° a WHOIa b: BANKCARD SERVICES ' DETACH TOP POR77ON AND RETURN WITH PAYMENT P.O. BOX 15019 WILMINGTON, DE 19886-5019 eiffieffiffi z S COTT R KUHN, l oncalll-800.223-7046 For accourt = p0 502 . BOX g ofaddr Print chen0e of address or new Mlephone number below ? MECHANICSBURG PA 17055-050202 Atltlrav CRY store Zip 04 00177971000015000004264298204480241 Home phone Work ph one AoaoimtMmbr Claim DOW LFe QaMaQmmaArNillo? A& V pW CbWr0 A4r Told AYNrwo Payn" Ow A}prr?Due DW 4264 2982 0448 0241 I $7,000.00 $5,22049 I 32 1 01/03/01 $15.00 02/01/01 PoWn9 I Date T1an0611W 1 Date FlatmanN [ Number Carol Type C.tapolyi Tnnaaollom Y. 7001.. STATE Akill MENT Charge, I Crotlib (CFO PURCHASES AND ADJUSTMENTS 12/16 12/15 4466 VS C 12/16 12/1'5 6676 VS C BANG ?R . HARDWARE,' INC BANGOR PA - 21.88 SUNOCO ._ STOC. KE1tTOWN PA ? V 20.00 ? OR"W 140. 01852G634S9VO3YFOOOQ29714 ? 12/16 12/15 3811 VS C UTOPIA EA,STON - PA ? 66.25 12/18 12/15 0515 VS C ' AMES DEPT S 07 BR DSVILLPA 73.09 12/18 12/16 3103 VS C E`CXE2D. DkUG,,f$ t- , WINO AP PA 40.93 12/19 12/16 1362 VS C _,_ KMART -- 84S MIND GAP,,: PA 61.54 12/19 12/16 1370 VS C KMART WINS GAP PA 90.16 12/19 12/17 9421 VS C EdkEIID DRUID #!8 x IWI GAP PA 22.48 12/19 12/18 4907 VS C SUNOCO" •. ? -10AN00R PA 16.00 .,ORDER No xt -01,E52666165V I IYFO00021913 12/20 12/17 2138 VS C KMART 949 WEND GAP PA '36.44 12/20 12/19 4102 VS C MR.Y'S,FDODM 164 PEN AIPBYL PA 16.07 x."-00,6 162701§4VS1Y4000021256 ORDER NO."' 12/21 12/19 3284 VS C SUNOCO" VINDGAP - PA 10.00 ORDER NO. "O'7652B629S4.VQ3YFOOOO49633 12/21 12/19 3557 VS -C RITE-AID CURB 4 BANGOR PA 32.10 12/21 12/20 1905 VS C T14REE M THERE V£RAG-1$•ANGO1$ PA 21.50 ., .k IMPORTANT r >. NEWS HOW SHOULD YOU USE"THE'ENCLOSEO CHECKS? FOR SPECIAL PURCHASES, A WINTER VACATION, HOME RENOVATIANS-.-WLUa CM44OLIDATI;ONS . . . THE USES ARE ENDLESSI FOR UP -TO-THE-MINIPTE AC ,INFORMATION, VISIT WYWI.IBSNETACCESS.COM TAKE ADVA NTAGE OF AL.L.T : POST-HOLIDAY BARGAINS. CALL 1-800-771-3575 TO REQUE ST A`PIN CODE TO OUR C. .,AT AN ATM FOR ADDITIONAL CASH. .. SUMMARY OF TAANSACTIOIIa ` .. T01ALMNN 'PAY1j1FNT0111 PrMoua Balance (-) P4mW1h (+) T (?SBMna PlseO nen x- and CroeN AOV $0 00 eMrt .00 $0.00 $0 . $ . p .:...m..... ,0 Tell! : .. PyYBrwl[P?mirit..; :............ $18.90 ..-$0,,,0 .$0.00. {10„00"`. $1.771.71 ToW LYR41eaPaVmwt 966 a.... $15.00 FINANCE CNAIME SCNEDULE . MR YOUR .:ACS •' tYH0EAtYDAY ? PaAOAO .{., _ rv 44w q ' bw Cash Advances au pp w mN l x r. NaaRw cn. Ba *m addraeeW ,m1 A. BALANCE TRANSFERS, CHECKS.O.Q218 LY""`» 999'X.." $0.00 Por 9IedAR 0miw arle#a0 aeektma, ` ' ., . 8. ATM, BANK ............ C PURCHASES . e1I1 $IB• ?1 ..... 19.0465 L1LYV` -16. . $0.00 Wiprym?b In: 9AWCARD.SERVXIEB, PA. BOX 15MO, WILMINGTON, DE " O . . . . . . . . . . , . ... ..... 0.0 79< LY-:.:. 11. bO-% $0.00 1$M$b019. F.^.. ,. bArO wtlNn igoYy.Nel6iphgaHee:OdW MR TNI$ BALY/G PENOD: aa pp?l "?` ?i mvk NflCMR8TIT(A of ANNUAL PE1WENTAOE41AT'E .................. S 2808 076 Y 33L 0406 0300 00 PLEASE SEE REVERSE SIDE FoR IMPORTAhIF IPIFORMATION.' 4264 2982 0446 0241 PAGE 1 OF 3 will Yank) kVYlU, ki N 11111111 fill PAYMENTS We credit payments as of the date received. if the payment is 1) received by 10 amp_ (Eastern Time), 2) received at the address shown in the upper left-hand corner 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 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 operate 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 ft 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 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 boxy. 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 bill 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 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 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 it we mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase). ---- .------ _----------- _._------- . YOION71k9I-40 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 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 D 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 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 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 Is 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 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. take the beginning Cash Advance balance, including accrued but unpaid Finance Charges, IF YOUR ANNUAL FEE IS BILLED ON THIS STATEMENT add new 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 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). We will credit 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 of the mailing of this statement. You may continue to use your account during this period; however, it 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. Categories C and D - Average Daily Balance (including new Purchases): We calculate the MISCELLANEOUS 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 billed. We do not add new transactions, new Account Fees, or new Cash Equivalent Transaction For the complete terms and conditions of your account, 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 BankCard services is a hadename of MBNA America Bank, IN A, This account is issued and administered by MBNA America Bank, N.A. `t1YLVYDI1711AVr- a»zuarwr..?.a....?e.MRwn? 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: JP.O. BOX 15026, WILMINGTON, DE 19850, USA.1 PLEASE DO NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. YOUR NAME: ______.__ TRANSACTION DATE: POSTING DATE: Please tell Us below why you think the item noted above is an error. Check only one box.1 r-J 0 1. The amount of the charge was increased from $ _ to S--.---. or my sales slip was added incorrectly. Enclosed is my copy of the sales draft that shows the correct amount. 2. 1 certify that the charge listed above was not made by we 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.) 0 3. 1 have not received the merchandise that was to be shipped to me on (date).I have asked the merchant to credit my account. 4. The attached credit slip was listed as a charge on my statement. 5. 1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. 6. Although I did engage in the above transaction, I dispute the entire charge or a portion in the amount of $ 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 ACCOUNT NUMBER:.- REFERENCE NUMBER: AMOUNT: $ TRANSACTION DESCRIPTION: _ 7. 1 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 q. Sale #2 _-Reference # 8. 1 notified the merchant on to cancel the preauthorized order (reservation). Please note cancellation k and if available, enclose a copy of your telephone bill showing date and time of cancellation. Reason for cancellation. ?I ?J 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. I do have all my cards in my possession. Enclosed is a copy of my sales slip forme valid charge. [_] 10. Merchandise that was shipped to me has arrived damaged and/or defective. I returned it on -(dale) and asked the merchant to credit my account. [ ] 11. 1 have returned merchandise on_. because--. (If box 10 or 11 was checked, please provide date merchandise was returned and a copy of the return receipt.) C) 12. Other Please explain- Please check only one troy, do not alter warning on this form, and provide copies of all documentation that will help us investigate your dispute. (i.e. ontracts invoices, detailed loner, sales draft) Signature (required): Date:_ Telephone #s: Home:-_.-. Work:. PLEASE KEEP P COPY OF Iii SENSE OF THIS STATEMENT FOR YOUR RECORDS Sao214(REV . Sam SuNT RUST CARDHOLDER SINCE wok Irrrlllllrtlatlrltrlralllralrl1111ralrrlll111atlllal ,ass BANKCARD SERVICES P.O. BOX 15019 WILMINGTON, DE 19886-5019 For account Information cell 1-800-223-7046 Print change of address or new telephone number balm Address CITY state Zip ACCOUNTNUMBER 4264 2982 0448 0241 PAYMENT DUE DATE NEW BALANCE TOTAL 02/01/01 1 $1,779.711 TOTAL MINIMUM PAYMENT DUE AMOUNT ENCLOSED s S $15.00 I 1 DETACH TOP PORTION AND RETURN WITH PAYMENT s S P SCOTT R KUHN PO BOX 502 MECHANICSBURG PA 17055-050202 04 00177971000015000004264298204480241 Home Phone Work phone AocourYNumbN croo Lbw Cash n Cmo)< AallaMa A 6blit ylwbp Dan law/Mln/mum Plemewl ue ArmantAro Dw 4264 2982 0448 0241 I $7,000.00 I 1 32 I 01/03/01 $15 .00 02/01/01 Posting Transaction 1 Reference 1 Cord Caftg.Y Tranaactiona JANUARY 2001 STATEMENT I Charges Credits (CFO pate Date Nwnbw Type PURCHASES AND ADJUSTMENTS 12/22 12/16 5217 VS C HONG KONG CHINESE FOOD WIND GAP PA 28 .20 12/22 12/21 0181 VS C SUNOCO WINDGAP PA 36. 21 ORDER NO. 01852662934VO3YF000049986 12/22 12/21 7924 VS C COMMONWEALTH TELEPHONE DALLAS PA 74 .64 ORDER NO. 03320880001V02Y7000009832 12/23 12/21 2251 VS C HOME DEPOT #4127 STROUDSBURG PA 127 .88 12/23 12/22 4642 VS C DOLLAR STOP WIND GAP PA 7 .18 ORDER NO. 01273010001V03Y1009480241 12/26 12/21 0738 VS C THE BEER STEIN WIND GAP PA 29 .16 12/26 12/22 8334 VS C CVS #1901 BANGOR PA 7. 62 12/26 12/22 0211 VS C GIANT FOOD #093 SIB WIND GAP PA 15. 95 12/26 12/22 0062 VS C AMES DEPT STOR00007054 BRODHEADSVILLPA 190 .26 12/26 12/23 8103 VS C KMART 00003949 WIND GAP PA 267. 24 12/26 12/24 7164 VS C SUNOCO CAMP HILL PA 24. 64 ORDER NO. 01852663284VO3YF000073232 12/26 12/24 4225 VS C TURKEY HILL #223 PEN ARGYL PA 34. 64 ORDER NO. 00047740223VO3Y7000583625 12/27 12/23 2630 VS C GIANT FOOD #093 SIB WIND GAP PA 43 .25 IMPORTANT NEWS SUMMARY OF TNANSACTIONS TOTAL M/NNYINI PAWNT DUE prowlers Balanw (-) Payments (+) Can (+) Punehaa w and (+) Pedatlk +) Tmsactlen Faa (?) New Balenoe W 00 $0 and Credits Advames AdpMrlwb NIIAIME g 9S C . NMSHS TWaI Pad Dar Amami ................. cwrwNPayrnwd.................. $15.00 $0.00 $0.00 $0.00 $1,779. 71 $0.00 $0.00 $1,779.71 Tom! Minimum PSYMOM Due ..................................... $15.00 FINANCE CHAROE SCHEDULE CwreMonalrl9 Saimus FOR YOUR SA7ISFAC770N, EVERY HOUR, EVERYDAY Cata py Periodic Rift AnnpY Sublactto • For Coalomw SAs4cYm and up to Reowpfo nfohishd irformatiwl nduQeg, p loo carnage Raft Finance Charge balance, oval" swig, Paymesft raceh9d, Payments des, dl p?y?mwll Cash Advances address nl°ouMon, w to ngj al diplode eMemnh, callI T23.14?6 A. BALANCE TRANSFERS, CHECKS.0.021890% DLY 7.99% $0.00 • Fa TDD(1'alemmmwiraYon Oagce for the DaeQ Mmgnce, = B. ATM, BANK ......... ........ 0.046548% DLY 16.99% $0,00 3463178. 01111 • Mal psyments to. BANKCARD SERVICES, P.O. BOX 15019, WILMINGTON, DE C. PURCHASES ........... ........0.046548% DLY 16.99% $0.00 19SW5019. FOR TM SILLMro PERIOD: ANNUAL PERCENTAGE RATE ...... _........ _ SEE ABOVE PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION. • Bring rights w prea?erpva l only by mi1Nn ipuay. Mal bEap mquiin, using form on fis kSsFF CE?u, P 0 BOX 1506, VVII MINGTON, DE 2 000 001 4264 2982 0448 0241 PAGE 2 OF 3 ,htYOR(9k11Y[I7\ 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 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) 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 operate 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 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 the suspected error. the posting date of the transaction in question, and an explanation of why you believe there is an error ('d you are using the form, check the appropriate box). It 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 we investigate 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 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). ----------------------------------- _.____________-._-____-__ ilrnnN,ikVru? 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 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 D 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 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 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 D - 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 billed. We do not add new transactions new Account Fees or new Cash Equivalent Transaction Fees if the Previous Balance shown on this statement was paid in full by its Payment Due Date, It 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 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 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 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, it 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 of your account.. 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 BankCard services is a tradename of MBNA America Bank, NA. This account is issued and administered by MBNA America Bank, N.A. l1YLVYg1911k1Y ' yrN--_ --ter` 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.1 PLEASE DO NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. YOUR NAME: - TRANSACTION DATE: POSTING DATE: Please tell us below why you think the item noted above is an error. (Check only one box. L-] 0 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. [] 2. 1 parity 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.) 3. I have not received the merchandise that was to be shipped to me on (date).I have asked the merchant to credit my account. 4, The attached credit slip was listed as a charge on my statement, 5. 1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. 6. Although I did engage in the above transaction, I dispute the entire charge or a portion in the amount of $ _. 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 ___.-.-_-.. ACCOUNT NUMBER:_____. REFERENCE NUMBER:. _AMOUNT:$ TRANSACTION DESCRIPTION: _ -- 7. 1 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 01 $_..- __.. _Reference q_.. Sale N2$_.._..--.. _Reference #___.._. 8. 1 notified the merchant on to cancel the preautharized order oesewation)_ Please note cancellation M and if available, enclose a copy of your telephone bill showing date and time of cancellation. Reason for cancellation CJ 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. I 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 has arrived damaged and/or defective. I returned it on _ _ (date) and asked the merchant to credit my account_ [] 11, 1 have returned merchandise on- because- (If box 10 or 11 was checked, please provide date merchandise was returned and a copy of the return receipt.) 12. Other. Please explain. Please check only am box, do not alter wording on this form, and provide copies of all documentation that will help Us investigate your dispute. (i.e. contracts, 'mvolces, detailed letter, sales drah) Signature (required): Date:_ - Telephone as: HOT): work' -- PLEASE KEEP A COPY OF a0n1 SIDES OF MIS STATEMENT MR YOUR RECORDS FP0214 (REV-alnn) SuNTRUST Mere Check Irrrlllrlrllrrlrlrrlrrllrrrlalrllrrrrrrlllrlrrrallrl pryebs b: BANKCARD SERVICES P.O. BOX 15019 WILMINGTON, DE 19886-5019 For account Inf ation all 1-800.223-7046 PON change of address or new telephone number below Address ACCOUNT NUMBER 4264 2982 0448 0241 allies PAYMENT DUE DATE NEW BALANCE TOTAL 02/01/01 I $1,779.711 TOTAL MINIMUM PAYMENT DUE AMOUNT ENCLOSED CARDHOLDER SINCE 00 I $15 . 1986 ANIN DETACH TOP POR77ON AND RETURN W/TH PAYMENT S P SCOTT R KUHN PO BOX 502 MECHANICSBURG PA 17055-050202 CtY State 9p 04 00177971000015000004264298204480241 Home phone Work phone per, AWNINFlumbT CAMMUM, Cash a CrakAelsbb alloar C,bdng Dean 4264 2882 0448 0241 I $7,000.00 I I 32 I 01/03/01 Poaang Transadbn Reference Card Cdsgory TranaactIona JANUARY 2001 STATEMENT Dab IDW (Number Type i PURCHASES AND ADJUSTMENTS 12/27 12/25 0935 VS C SUNOCO CAMP HILL PA ORDER NO. 01852663284VO3YF000073451 12/27 12/26 2121 VS C MR.Z'S FOODMART164 SHD PEN ARGYL PA ORDER NO. 00610270164VSIY4000026356 12/28 12/27 9660 VS C THREE BROTHERS BEVERAG BANGOR PA 12/28 12/27 8666 VS C MR.Z'S FOODMART164 SHO PEN ARGYL PA ORDER NO. 00610270164VSIY4000029783 12/29 12/27 1933 VS C WAH SHING RESTAURANT BANGOR PA 12/29 12/28 8342 VS C SUNOCO BANGOR PA ORDER NO. 01852660365VIlYF000023413 01/02 12/29 4430 VS C GIANT FOOD #093 SIB WIND GAP PA 01/03 01/01 0056 VS C UNI MARTS #4232 PLAINFIELD PA 01/03 01/01 8699 VS C MR.Z'S FOODMART164 SHD PEN ARGYL PA ORDER NO. 00610270164VS1Y4000000088 TOTAL FOR BILLING CYCLE FROM 12/03/2000 THROUGH 01/03/2001 IMPORTANT NEWS SUMMARY OF TRANSACTIONS PrMous Beh nos (-) PNVMW b and Greats Toad MlNmum PaYnssrd Due ParraNDua Ode $15.00 I 02/01/01 Charges I{ Credits (CFO 13.04 69.53 21.50 25.02 15.32 20.00 78.08 34.86 86.98 $1,779.71 $0.00 TWAT. MINN" PAYMENT DUE (+) Cash (+) Purdwses and =&2=168 -) New Bssnea Pad Dw Amount ................. $0.00 Advanos, AAus60anb FlIIAlIC6 CN11MlE Toted $0.00 $0.00 $0.00 $1,779.71 FINANCE CHARGE SCHEDULE Cabgary Pedodio Re" Cash Advances A. BALANCE TRANSFERS, CHECKS.0.021890% DLY B. ATM, SAW .................0.046548% DLY C. PURCHASES ...................0.046548% DLY FOR TM BILLM PERIOD: ANNUAL PERCENTAGE RATE _......... _,.,_, SEE ABOVE Current PaYSmd.........I........ $15,00 $0.00 $0.00 $1,779.71 Test MAnimwn PRIMIAN D"................« .......... ........ $15.00 FOR YOUR SATMFACT/ON, EVERY HOUR, EVERYDAY Cor Bean Fa CasNms 8akfaolm asd up b Eemfasb mbmdea k wmWm Pa tar age Rata Flnan?u qurye bane, evalaMe vest, payawnh rebNad; ptly8lark Aue. dm deb _ __ _ asaasa mamsam, a m requear oup M assesses, aw t=gU%uztjjM. 7.99% $0.00 • ?For TOO 1 (T•elem m Dwase for be IWO Distance, 16.89% $0.00 . Mad PsymMts to: BANKCARO SERVICES, P.O. BOX 15019, WILMSXITON, DE 16.99% $0.00 19196-5019. • N" Robb we preserved o* by wdNar spay. Map big sa des, using form M ON back, and dha' to: ANAL SFRVICK PO. BOX 15096, WILMINGTON, OF 2 000 001 4264 2982 0448 0241 PAGE 3 OF 3 PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION. 410U)Ii17k11YU]\ 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 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) 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 operate 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 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 the suspected error, the posting date of the transaction in question, and an explanation of why you believe there is an error (it 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 pads 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 investigate 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 Rude 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 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). ------------------------------------------------------------------------- ------ ------------------------------------ 1t[eaN1TICVY01 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 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 D 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 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 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 D - 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 billed. We do not add new transactions, new Account Fees, or new Cash Equivalent Transaction 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 Charger 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 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 account by calling us at 1800-432-2552 (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, it 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 of your account.. 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 BankCard services is a tradename of MBNA America Bank, N A, This account is issued and administered by MBNA America Bank, N.A. 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: P.O. BOX 15026, WILMINGTON, DE 19650, USA. PLEASE DO NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. YOUR NAME: TRANSACTION DATE:_ -_._POSTINGDATE: Please tell us below why you think the item noted above is an error. ICheek only one boxxJ u 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. 2. 1 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 authonzed by me. (If you do not recognize a sale, choose this option.) 3. 1 have not received the merchandise that was to be shipped to me on -Itlate),I have asked the merchant to credit my account. 4. The attached credit slip was listed as a charge on my statement. 5. 1 was issued a credit slip that was not shown on my statement, A copy of my credit slip is enclosed. 6. Although I did engage in the above transaction, I dispute the entire charge or a portion in the amount of q . 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 L--] ACCOUNT NUMBER:_.__.. REFERENCE NUMBER: AMOUNT: $ TRANSACTION DESCRIPTION:. 7. 1 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 kt $. --Reference N_ _--- _-.. Sale N2 $. __ Reference 4_..__.__ 8. 1 notified the merchant on _. __ to cancel the preaulhonzed order (reservation). Please note cancellation n and if available, enclose e copy of your telephone bill showing date and time of cancellation. Reason for cancellation. 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. I do have all my cards in my possession. Enclosed is a copy of my sales slip for the valid charge_ L? 10. Merchandise that was shipped to me has arrived damaged and/or detective. I returned it on (date) and asked the merchant to credit my account. ?] 11. 1 have returned merchandise on_.-..__ because_.._ (If box 10 or 11 was checked, please provide date merchandise was returned and a copy of the return receipt.) E ] 12. Other. Please explain. Please check only one box, do not alter wording on this form, and provide copies of all documentallon that will help us investigate your dispute h,, contracts, invoices, banned letter, sales draft) _.._ Signature (required): Date: Telephone as: Home:_._ Work: -. PLEASE KEEP A COPY OF BOTH areas OF MIS SrAMMENr MR YOUR RECORDS 690-214 (REV. 6100) SuNTRuST Make check I,rrIII,I„I„I,I„I„Il,,,l,l,ll,,,,r,lll,l,,,rll,l Parable m: BANKCARD SERVICES P.O. BOX 15019 WILMINGTON, DE 19886-5019 For account information call 1-800-223-7046 Print change of address ar new telephone number below Address SCOTT R KUHN PO BOX 502 MECHANICSBURG $0.00 $0.00 cro state Zip 04 00000000000000000004264298204480241 Home phone Work phone Amount Mortar CAPOLea Cash or COO Aaalabb ppa??a M/inoorus Cmeing Dab Taw ABamum PalnwaDus PIPnwil Dus Otis 4264 2982 0448 0241 I $7,000.00 I I 30 I 02/02/01 $0.00 03/01/01 ng IT action I R@N' I Card I Category I Trwacmea FEBRUARY 2001 STATEMENT Charge; Credlb(Cap O N Delta Type PATMENTS AND CREDITS 01/13 00/00 01/13 01/09 9443 01/13 01/10 4508 01/16 01/11 5009 01/16 01/11 3162 01/31 01/06 5704 PURCHASES AND ADJUST] 01/04 01/02 5550 01/04 01/03 6585 01/05 01/03 0825 01/06 01/04 9788 01/06 01/04 1369 01/08 01/04 4440 01/09 01/06 9598 01/09 01/06 6716 01/09 01/07 3730 VS VS VS VS VS VS RENTS VS C VS C VS C VS C VS C VS C VS C VS C VS C LST CREDIT TRANSFER KMART 00003949 WIND GAP PA MAIN STREET MARKET INC BANGOR PA MAIN STREET MARKET INC BANGOR PA SEARS ROEBUCK 2574 PHILLIPSBURG NJ HONG KONG CHINESE FOOD WIND GAP PA SUNOCO WINDGAP PA ORDER NO. 01852662934VO3YF000003588 UTOPIA EASTON PA TURKEY HILL #223 PEN ARGYL PA ORDER NO. 00047740223VO3Y7000637058 BLOCKBUSTER VIDEO #420 WIND GAP PA GIANT FOOD #093 SIB WIND GAP PA KMART 00003949 WIND GAP PA GIANT FOOD #093 SIB WIND GAP PA KMART 00003949 WIND GAP PA REGAL CINEMAS EASTON PA IMPORTANT NEWS DUPLICATE STATEMENT REQUESTED BY EBF SUAIMANY OF TRANSACTIONS PmWoas Belanee 1-) Paymwb (+) Cash (+) PWahasaa and + Padcalc Bab ((+3 Ransaetlas Fa I.1 Has, Salinas asd CrWls Advances Agwbtab 1;4 CZMM EIeIAND 0AIZI TOW $1,779.71 $3,143.43 $0.00 $1,363.72 $0.00 FINANCE CHANIESCHEDULE Corresponding Balance Capgory Paludk Rsb g a 1 Pacaltega I1YS FlOan 4 :9• Cash Advances A. BALANCE TRANSFERS, CHECKS. 0.000000% DLY 0.00% $0.00 B. ATM, BANK ......... ........ 0.000000% DLY 0.00% $0.00 C. PURCHASES ........... ........0.000000% DLY 0.00% $0.00 FOR TM BILLING PERIOD: ANNUAL PERCENTAGE RATE. ...... »...,...... SEE ADME ACCOUNT NUMBER 1 4264 2982 0448 0241 PAYMENT DUE DATE NEW BALANCE TOTAL 03/01/01 11 $0.00 F TOTAL MINIMUM PAYMENT DUE AMOUNT ENCLOSED CARDHOLDER SINCE $0.00 I F 1986 DETACH TOP PORTION AND RETURN WITH PAYMENT S P a PA 17055-050202 24.86 42.92 9.29 127.12 160.73 379.64 33.44 269.96 29.50 2,888.95 CR 79.33 CR 25.69 CR 29.92 CR 82.49 CR 37.05 CR TOTAL MINIMUM PAYMENT DUE Past Due Amount ................. $0.00 CuMNR/)mart...... I........... $0.00 TOW MhdauM Panama Dw„ ....................... ......... .... $0.00 FOR YOUR SATISFACTION, EVERY HOUR, EVERYDAY • For Custama S"adion aalep to be mnsb a tinformdan Including, balance, eielnbb aredt, paymesAWk red, psymarta dust, due dale meet address nformelm, a b request dpl§YssWements, cal . • For TDD lTelosesmmiraq, Deis fm to Deal{ asawasce, cal 1.800346.3178. • Mal payments b: BANKCARD SERVICES, P.O. BOX 15019, VALMINGTON, DE 19O 5019. • Bien; rights we seal only by wilatinquiry. Mal biting nquwBa, using form m Be lack, mid aha nw.ne b BANKCARD SERVICES, P.0 BOX ISM, Wit MINGTON, DE 198.50-5026. 1 000 001 PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION. 4264 2982 0448 0241 PAGE 1 OF 2 MA M."Imm 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 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) 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 operate 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 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 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 bill 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 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 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). ------------------------------------------------------------------------ ---------------------------------- r\inM1R\Y(a 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 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 D portable) 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 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 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 D - 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 billed. We do not add new transactions, new Account Fees, or new Cash Equivalent Transaction 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 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 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 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 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 account, 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 BankCard services is a tradename of MBNA America Bank, N.A. This account is issued and administered by MBNA America Bank, N.A. 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: I P.O. BOX 15026, WILMINGTON, DE 19850, USA. PLEASE DO NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. YOUR NAME:- ,. _. TRANSACTION DATE: _ POSTING Please tell us below why you think the item noted above is an error. (Check only one box.] LI 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. 2. 1 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.) E::j 3. 1 have not received the merchandise that was to be shipped to me on --(date).I have asked the merchant to credit my account 4. The attached credit slip was listed as a charge on my statement. E:j 5. 1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. 6. Although I did engage in the above transaction, I dispute the entire charge or a portion in the amount of R . 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 L-1 ACCOUNT NUMBER:-._- REFERENCE NUMBER:- TRANSACTION OESCRIPTION:__ AMOUNT: $ 7. 1 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 l _... . 8. 1 notified the merchant on -to cancel the preatImOnzed order (reservation). Please note cancellation # and it available, enclose a copy of your telephone bill showing date and time of cancellation. Reason for cancellation 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. I do have all my cards in my possession. Enclosed is a copy of my sales slip for the valid charge. L 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. 1 have returned merchandise on -.--because-- _ (if box 10 or 11 was checked, please provide date merchandise was returned and a copy of the return receipt.) [ ] 12. Other: Please explain. Please Mack only one boa, do not alter wording on this form, and provide copies of all documentation that will help us investigate your dispute. (i.e. contracts, invoices, detailed letter, sales craft) Signature (required): Telephone #a: Home: _..__ Date: Work:- PI EASE KEEP A COPY OF BOTH SIDES OF MIS SIR iEMEM FOR YOUR RECORDS 690 214 (REV. arm SUNTRUST Mih ohack 1111111111r111Is 11111 tl l tr r l• 11111oil 111111111 rr 1111 peyebb b: BANKCARD SERVICES P.O. BOX 15019 WILMINGTON, DE 19886-5019 For account Inlometlon cell 1-800-223-7046 Prim change of address or new, telephone number below Address Cm/ State Zip Home phone Work Phone Aoacud Mortar Case Line 4264 2982 0448 0241 I $7,000.00 PDete g I p? Won Months. I? I Category I Tranaao8ona PURCHASES AND ADJUSTMENTS ACCOUNT NUMBER 1 4264 2982 0448 0241 PAYMENT DUE DATE NEW BALANCE TOTAL 03/01/01 I $0.001 J TOTAL MINIMUM PAYMENT DUE AMOUNT ENCLOSED 11 CARDHOLDER SINCE $0.00 DETACH TOP PORTION AND RETURN WITH PAYMENT S P SCOTT R KUHN PO BOX 502 MECHANICSBURG PA 17055-050202 04 00000000000000000004264298204480241 Cash or came Assessable aJ/Cea1e CAw#V Dab TatsI MlNmum Pgenerd DUe PaPnantan Dah, 30 I 02/02/01 $0.00 03/01/01 FEBRUARY 2001 STATEMENT Gorges Credb (CR 01/11 01/03 4448 VS C AT&T CALL 717-761-4540 800-6572466 NO 2 .87 ORDER NO. 3400009214100 01/11 01/03 7747 VS C AT&T CALL 717-761-4540 800-6572466 NJ 2 .87 ORDER NO. 3400009214200 01/11 01/09 1911 VS C SUNOCO WINDGAP PA 26 .04 ORDER NO. 01852662934VO3YF000005411 01/12 01109 9443 VS C KMART 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 MARKET INC BANGOR PA 29. 92 01/13 01/11 3162 VS C SEARS ROEBUCK 2574 PHILLIPSBURG NJ 82 .49 01/30 01/06 5704 VS C HONG KONG CHINESE FOOD WINDGAP PA 37 .05 TOTAL FOR BI LLING CYCLE FROM 01/04/2001 THROUGH 02/02 /2001 $1,363. 72 $3,143.43 OR IMPORTANT NEWS SUMMARY OF TRANSACTIONS TOTAL MINIMUM PAYMENT DUE PrMous Salome (•) Peymwm (+) Cash (+) Pwcl lease and /+) PaAOdc Rab (+) Trrruw?etlan FN (?) NW Batavia ate Cradld Advanoes AWueYneR6s PRIANCB C MAROE6 F?IAII? C MAROl6 Trial Put We Amount ................. $0.00 Moment Payment .................. $0.00 $1,779.71 $3,143.43 $0.00 $1,363.72 $0.00 $0.00 $0.00 ToW Mlmmum Payment Dome ................ _.._................ $0.00 FINANCE CHARGE SCHEDULE Co x-W-dmg Balance FOR YOUR SATISFACTION, EVERY Ha/R, EVERYDAY CM eBaY Pedodlc Rene AAmd subl" m e For Ousloma Se6s(asion and up to the mode rbmePeO inkrmdis, yldufaq I PareeMpa Rene Finance balance, adiftle ore6t, payments reaeNed, paymaN due, dw date mali Cash Advances address Wormdm, or to repast deplores statrrlena, ad 1.800- 3-704fi A. BALANCE TRANSFERS, CHECKS.0.000000% OLV 0.00% $0.00 • For TDD ?IetscanmwdceAm Dwise he be Dah nslmce, B. ATM, BANK ......... ........ 0.000000%DLY 0.00% $0.00 call 1-800.9463178. • Mal payments to: BANKCARD SERVICES, P.O. BOX 19019, VALMNOTON, DE C. PURCHASES ............ .......0.000000% DLV 0.00% $0.00 198865019. FOR Ala Sum PERIOD: ANNUAL PERCENTAGE RATE................. SEE ABOVE PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION. • Biing rights are Welaved only by wipers inipary. Alai bang inquiries, using time on the back, and other n b: D SERVICES, P 0. BOX 15026, VALMINGTON, DE 1 000 001 4264 2982 0448 0241 PAGE 2 OF 2 ?I?IYI7Nt9SVY[IA?i\ti171Y1 '11111 all I Oki 111101101111 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 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) 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 operate 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 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 --------------------------- hyYnR11AYY[I, 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 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 D podiort 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 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 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 D - 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 billed. We do not add new transactions, new Account Fees, or new Cash Equivalent Transaction 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 believe there is an error (if you are using the form, check the appropriate box). It 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 we investigate 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 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). 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 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 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 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 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 account, consult your Credit Card Agreement, MBNA America Bank, N.A. Is the exclusive issuer and administrator of this and other RaMbor, Plus credit card programs. Individual BankCard services This account is issued and ; N.A. 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.1 PLEASE DO NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. TRANSACTION DATE:.-POSTING DATE: Please tell us below why you think the item noted above is an error. [Check only one box.[ 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. 0 2, 1 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.) L7 3. 1 have not received the merchandise that was to be shipped to me on Idate).I have asked the merchant to credit my account. 0 4. The attached credit slip was listed as a charge on my statement. 5. 1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. 6. Although I did engage in the above transaction, I dispute the entire charge or a portion in the amount of $- 1 have contacted the merchant and requested a credit adjustment. I either tlitl not receive this credit or it was unsatisfactory. I am disputing this charge because C7 ACCOUNT NUMBER: REFERENCE NUMBER: AMOUNT:$ TRANSACTION DESCRIPTION: Z 1 cemly that the charge in question was a single transaction. but was posted twice to my statement. I did not authorize the second transaction Sale 41$__ -Reference # Sale 42 $...-_ -.... Reference #. 8. 1 notified the merchant on -to cancel the preauthorized order (reservation). Please note cancellation # and if available, enclose a copy of your telephone bill showing date and time of cancellation. Reason for cancellation. 0 9. Although I did engage in a transaction with the merchant, I was billed for transactionts) totaling S that I did not engage in, nor tlitl anyone else authorized to use my card. I do have all my cards in my possession. Enclosed is a copy of my sales slip for the valid charge. 0 10. Merchandise that was shipped to me has arrived damaged anchor detective. I returned it on_ __(date) and asked the merchant to credit my account [] 11. 1 have returned merchandise on. because (If box 10 or 11 was checked, please provide date merchandise was returned and a copy of the return receipt.) 12. Other'. Please explain Please check only one box, do not alter wording on this form, end provide copies of all documentation that will help us investigate your dispute. (i.e. contracts, invoices, refused letter, sales draft) Signature (required): Telephone #s: Home: --.._-_. Date: Work: PLEASE KEEP A COPY OF BOTH SIDES OF THIS STATEMENT FOR YOUR RELOADS LuO 214 IREV. 010O) READ THE GOND1; IONS OF -I HtS LEASE THIS LEASE. Made the........: i.3t1)............... ....... ......... day of ..Cl^.tLt°SFra ............................................... A. D-2006..... Between ...UZ..,0fV.I'Ilu..MIX:d;..G,SOUP.r,... '1d .t.S,S.b:?..7...?mizgr..OXA .U.p :.A&d:......... herein. after dealgrsated lessor. party of the First Part, and ...„1k1.; a$Q, 0 a...oi.:•? •Zoty,n;La" '-ah;1•• 1•$ ;...I .r.•. ktktslt3.• .....I...............•••••••••:•.•.••...•.:• ..............:................. hereinafter designated lessee. party of the Second I 1. WITNEl!SSETH, that lessor doth hereby lease unto lessee all those certain Premises, w1b, ;me appurtenansei, situated .......... ...................Y?....`iwv:S;+'..°..St:rtlxSr`.t:.•.t:?J.?i....is54.4.....4?.nv?.?Y?.?i.?'.r..:..{ a1k..,{.:ny:H.'..5........ .................. ,................. .,......,...,. and described as follows, vi:: ...............8.",li,;:i, ::... ;•i:,;:111 1y y....2...xt oxty..,lit uzaiit.s....W:Lth...bYK'.fi'•?a..:itlF'Gt?2d?Gi..::...:. {sa:°ch, eonsiNtia-ag oft 3 bedrooms, livinx ro )c:, ?itchv*a vn,0 L1a.th roo.u arit? out :, nt• r:'>: p , ?" y 3n ... I G?1y Yyi{tt ?! out lot •.: '?l)1 To ba used as a ...... sin&le, family...dwelling ..................................... 2. TO HAVE AND TO HOLD the same unto ieasee lot the term :om:: arcing thd ............... tot.................................... .._ ................................. day of....?ar,s?pgj?,r,...... 20C) :ad ending the ........3 Grd............................................................. •r day of ............. ..Pis!l..,............................................ 2002 S. IN CONSIDERATION whereof lame agrees to pay to lessor the sum of tk?-ti.'tee ..fit oZlsane;..seven . ..............huxstlxu....'...v?t?r,,..zxc!9hDollars . ?t.'T?..................... ! ........................................ payable as follows ,w 00 dins thw Ist of ;?'ovrS_mber 20010 and this 1st of, each 1aaonGh t?laraaftar. 11ei1t due 1 Decc;:ibar 200 r shs•21 mfrs iverr?d i.rl the dirt of ? 705, in consideration of the ten*nt cleaning, painting a -d !la'i.Ing 1-Anor repairs (not exceedirlp, 0• d''' $.[1 '*tft QriRI). d. A lawful continuance of the tenancy beyond sold term -shall be deemed a renewal therefor for the further osier of ...... tX9.... U.L...IDOAMA ....................• to end at the aspiration thereof without further notice. And every further law- ful eontawnce shall be deemed a further renewal. for a like term, to end in like manner. And every much renewal shall be subject to the provislons of this lease. 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 payable. 4b. SECURITY DEPOSIT. A security deposit'in the sum of $755.10 is required and has been paid by the tenant. The security aposit may not be applied by the tennant as and for payment of any rent due the Owner prior to vacation of the premises by,the tenant. Should tennant be responsible for damage and or loss of value to the premises greater than the value of the security deposit, tennant agrees to reimburse the owner for such loss immediatlely upon presentation of the bill for,said damage and or loss. 4c. All rentals are to be paid to DENNIS KEITH GROUP, trustee, PO BOX#3879 Saylorsburg, PA 18353- 4d. SEE "ADDENDUM TO LEASE". resers# side for further terms and conditions and signature lane. EXHIBIT "A" LZSSEE FUR23M AGREES AS FOLLOWSt' S. path rear chill be so paid rltbave demand by Insist and of the dye d lower or such Plays 11as19nstad by loseer luripayment. 6:. NO part. of 'cold term its any 'renewal shell be assigned, oor env pafilm of the detailed premium underlet. without alto welcome concept of l tat. 7. Nn Gosollhn,; 1e,01 Amine er any light prodocts el Petroleum I sehateear name it%., any Glo line. mew, coach, Iamas of do- ze shall be bops. mien `a may nonce,, on the p..mlre.. I I 71. This I.... Is Upon Condition III full, bap, and pedormed; and en an) thdj at the election .f totally coast a call, and r.POtse s himself tar herself process of Is.. previous notice at of or other dthrminmion .f said Inn, or ,sports, for Inns I. as anicoblr act promises. In any court having jurfadic in: with costs in (ever of Ict..r. or vgmoss ]image and share claiming undo ten Ictteme a•weil of Haber. payees Feeses, It, cam. whh.•.. -.c:.... I- A. Me okhsa rpbage f eery hand shall be deposited. either Judgment bell not her x Wharf or At, a pipes. al: nor shall the same be allowed to covenant; no, shall the calculate on the Pirelli" 'Pall is ospllr be remevd therefrom. a waiver of lorltilurs. ..d the pnmhn shall be clean and contrary condition: and upon "Panama ehM4em. All a. garbage and eels. of all hands that[ be nmhwd by lemurs. Olw agrees to keep sidewalks aid 73. Lessee conflicts gwnn free laamaasw end Ie moved let said term a - tun aformal to be added 9. No billbnardo. posters. advanl.ng mailer or client of any desalp- mmetn 1e be ..eared to Ilan .ball he placed upon -he bdclldimg a, precision wllbave obtaining con. In treclmemt, as foresails eau t. I.u hour that' pucpyt. - web. - 1A.- No electrical appliances ar rldoo of may kind shall be placed ear tr"chod to the building v premise. of And obtaining Counsel of lesser for that purpm.. and then to be done only to the mane, pro- -wribes' by the llmiss of ibis Satrd Of Pin lfad.rwdlen. No nllloAS. Index ear walls ahdl be cut lot criticisms Or pipe bolts. usy Other mamma ddaced. . i1. No unlawful bcmi m" shell be carried on upon said premise.. Ifi Los". .bell make no claim upon lasso, for filling or supplying with water any electric an the promises from which The wales may have became exhausted. le: All window lights and looks and keys btakta of lost during oc. cupancy shall be "placed by Issues. IS. No Ovule ..hall be cemmlttedi trust sell[ keep the preslns In u - good npair and condition as at the commencement hereof: and at she end Of wad nrm aI of any ranewal. the lent" Will dellver up said p"oil,,, odth dd further nettle in u Aped 11 1 and conflict" tr be Ire rOPa- Innceont harm[. erdlmary, wwr and lear and unavoidable damage b'." e?a alvmaue accepted. 16. finer or his .gent shall be privileged to vials or Inep,el the Record promisee at any nasmaabla stmt to make nose: ,try ,repairs e, allerallenn is display a "Pet Pont" or 'Par Sale' sign upon she.Rome Ws, the some nee to be removed through any ace of lamas. Leslie also' agree. eo pereall "non who may be Pont. at reasonable tines, by the (osno or his agents, to nspeec. the interior of the vacation. . 17. All rules and regulations Advances; the premises henin Issued. new Is [tee or haruho adopted and promulgated by the Owner or agent. &hall be burned and compiled with by learn fertile. 16. Ian".n•e ethonrlae provided herds. lose,. shall give at lease 70 day, written ro/lce 1e Loner OR 1.00011.n to nPaev,. Item old junul.... 19. Leta}• bell comply, with ell .In and r.c.l. ow al Star. and Local AearE, ea Hedlht sad shall not keep or amuse an sntotal& on. faer4 lending to become or create a nuisance on the premiums. 20. Lector chill not be held liable for any look or damage occurrine) em the Ineed provision to lessen through Are, their, water, lightning. windstorm. Iennde er Cycle.@ damage. [Amoco nlewn Rescue franc ibmbllty for any Injury la person or property ei lusn, er him employee,. or any "coolant el ohm convince an account of the ..edition of the pnrlwa •r tea Aligsaca "1.1109 1\11,410. Sealed and delivered the dean, sad year bit weloosa in oho pnnact OR. .}S^i t t.JE.viCA. w' n .L.L 1(d LY vfc7(ly for THE DENNIS KEITH GROUPS LTD trustee "e "savory receipt el real I the covenants al lass.. .hall be hresch thereof the e.tate looked d determine, and lesser may re.. of the demand ptemiso'without mend. And upon the separation d any r.no.A. any since,} may m o1 el,ctmeal from the 'eyed [on. and coal... ludgment chore. ben claiming under Into,, and lean.. and authorise the lmmed- 'osanalenam with Piston of Plerl' of court. But much n-ear} or real or domegea lot breath of off,, condition broken be deemed judgment in Ivor of leaser for the Pont re- nd tar each rented. together with Five Per Can- at Attorney 'a romminion for collection: and lu4g• cermivdy as @news]. lakr place. Aod ludtyn.el a lore provided, way be catered concurrcotly that*. M' L.... a ogre" to pay ail eepenm incurred by I... or In repair. 1.9 adamage to read premises which may result gram any act or neg. fecal *'If ent. sad al.* any cap",, Incurred to nmevd 1 ashen. gar- huge or r,tye created by Ins", which experaw may be collected in the awe mama u tells du, In *,,car,. 7e. The notice " quit recalled by any Act el Assembly prevaous to pr ending, to hoover possession at the demised pnmhn. and the bey. !t t at all lees punting stay of execution. eppea1, Inquisition. eppraim- ment or corruption at properly ten sale or nnulion or distress Jar not. an waived by lease.. 75. Th. tide t all yerrand Property placed upon the pisminc he"[" ),amid Is warranted to be In the lean. and It during the eaallou son of this lest., lease shall remove or attempt In remove or manliest an Intm- Ilon in remove the persand 9uodc end deck from the said premiwl without' krvinp paid anduliebed all real don or to become due during the term of this lease than such removal. attempt or mnllntalaen to remove shall be considered Ireudelaw and cloodenMo mail she whale nor shall become due and payable. and old. leber may proceed by. landlord'. warrant or other prods Is discrete mod collect the hole of said' sent In the tame rlctnnt as at the whole rem were due and ayablr In advance. Levee wilt out cassava, seam the premtmes during Iha term he".( without written coastal of In or. 26. It default shelf be -mode In the paymonl of any real, when the tame ahutf become. due, or, it Ihsee shall permit any judgment to be so. retail against him ar make so enlgnmess for the bendt of erdlitorr. or commit any Pill,, Oct of bankruprav. the acs for the tall torn .hell be. come Imsadlately due and collectible by discrete or atherwln. 27. Alk peeaondd properly, It remond- Irom the prevlans shell for thirty doys'iherea tr be liable t. dialects and may be dismissed mad sold for sent In affairs, and lee may expenses incurred in npairing said premises. or aemosal .I ..h", anb.ge or muse Therefrom. caused or crossed by the neglect or act of lessee. ge. Is I. lurlher erred that the ....puny, by lector of any .1 the rent of any lame after the some has become due, or default has been Omde in the payment thereof or on any failure al Ihr lessor 1e enforce nor of his rights under this lease, or may of the penalties, forfeiture, ., eoaditionm herein contained, shall no, In any wise be deemed a waiver of lessor's right 1o enforce she come and that loser may enforce such Wistfure'. without any notice whatever: sad any attempt to rallrce flit sent by on. proceeding shall rem be Conrad ned os . walv.r of the right of loud, 1. collet the some by any other proceeding. 79. , The heirs. eerpean and administrators of said parties nmprcllvolr Ora included battle a It In each Instance mptclAcally, mentioned. C""a ¦O?L ¦L?L - 1 L l? 9)caa ADDENDUM TO LEASE he property described in .his lease is rented "A is". The ;snant shall :,plate and return, within days of taking possesson, a move in inspection, -notifying the trustee, in writing, of any existing damage. (2) Tenant shall be responsible for all utilities (gas; oil, electric, garbage collection, water and sewer, telephone and TV.Cable)-. (3) A late payment fee of $2.00 per day shall be charged, for all rents or a:iy portion there of, not paid within 5 days of the due date.. Late payment fees shall be charged from the date payment was due, with a maximum charge notexce, 1 months rent. (4) All rents paid 2 days prior to due date, as per post.marla +hall be X):..t r discounted in the sum of $15.00. ?(5) Each tenant is jointly and separately responsible for ?.. c:•.6'go. t of all rents and utilities; and or damages. (6) The use of kerosene heaters is prohibited. (7) Tenant shall be responsible for obtaining "Renter's Insirt-ancie" for liabilit and property loss. (8)Tenant shall assume all responsibility for all damages due to negligence of tenants or guests, and shall notify the trustee in writing of any damage,.' (9) The tenant shall keep the premises he occupies and uses safe and san'tary. (10) The tenant shall dispose of rubbish, garbage, and other. waste in.a 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 plumbing fixture in a safe and proper manner. Tenant shall keep all plumbing fixtures in the dwelling unit o. used by the tenant as clean as their condition permits. (14) Tenant agrees to give back possession of the property in the same conditio: 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 conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises. (16) Tenant shall not conduct, nor shall they permit, any unlawful acts to conducted on the premises. Possession of illegal drugs, by any tenant, on or ofi the premises, shall terminate this lease immediately. (17) 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 prospective or actual purchasers mortgages other residents or contractors. (18) Tenant agrees not to make any alteration or paint or cover walls or surfaces of the rental premises with any material whatsoever, without prior written 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 the 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. 1(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 conduct any type inspection witho-luj?t9 written authorization of the trustee. I HAVE READ AND UNDERSTAND THd0TIONS OF THIS LEASE. Rsbocc? 'P, TENANT DA TENANT DATE TENAN DATE David J. Lind t for/THE DE NN S KEITH GROUP, LTD./trustee 10/02/2001 12:57 18608873987 ARTSPACE NORWICH PAGE 02/07 QUALIFIED UNIT LEASE ArtSpaceNorwich --35 Chestnut StreetsNorwich, Cl' This Lease is made and entered into this V-A day of Clj[4ct)r? r- , 2001, by and between (Owner) ArtSpace Norwich Limited Partnership (hereinafter referred to as `eve" or 'as") and (Tenant) tZrrxC CSC, ?'rye ??,q (hereinafter referred to as "you"). In consideration of the rents and agreements contained in this Lease, we hereby lease to you, and you hereby rent from us, the apartment (Unit) consisting of a __,p bedroom dwelling unit /mown as -%nA (Unit Number) located at 35 Chestnut Street, Norwich, CT and known and referred to as "ArtSpace" (Property) to be used and occupied only as a private residence for you and your household which consists of a persons, whose names are -r % ,rrCm z-r-4"4^,n 1-Ip Awe. C-40c rye, r X-A= Y? ,tug As a resident of ArtSpace, 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 refiurded to you when you return the parking permit(s). You must display your parking permit (hang it from your rear view mirror) or run the risk of being towed at your expense. The terms and agreements ofthis lease are as follows: TERM 1. The Lease begins on C,+, 1 -rxti?. (Commencement Date) and ends on (Expiration Date). If we are unable to deliverthe Apartment on theginning date, the length (Term) of this Lease will be adjusted accordingly. RENT 2.A. The total monthly rent for the Apartment is I „") =,,can (Rent). This is payable by you, in advance, on the first day of each and every month. If you fail to pay the total Rent due by the tenth of the month, we may impose a late charge of $25. 2.B. The Rent payable by you cannot be increased during the 'T'erm of this Lease. The ,Rent may he increased only upon renewal or extension after 30 days prior written notice telling you what the new Term and amount will be, UTaxnES 3.A_ We will supply you with the following utilities or services; and we will pay for these utilities and services out of the rents we collect: Natural Gas (Beat & Hot Water) Trash & Recycling water/Sewer 3.B. In addition to the Rent listed in paragraph 2, you are responsible for payment of the following utilities or services: Electricity Telephone Cable TV DEFENDANT'S EXH T µ 47AAlL6KNMlV EQ Version 01/29/01 page 1 of 6 10/02/2001 12:57 18808873987 ARTSPACE NORWICH QUALIFIED UNIT LEASE ArtSpace Norwich - 35 Chestnut Street, Norwich. CT PAGE 03/07 4.A You are responsible for all of your acts and those of members of your household, guests, and agents while they are on any portion of the Artspace apartment complex including the grounds (Property). You, your f ally, guests and agents must not interfere with other Tenants or disturb their occupancy. 4.B. You agree to follow the Rules and Regulations attached to this Lease. If we make changes in the Rules and Regulations, the changes do not become effective until ten (10) days after you receive a copy of them If any changes in Rules or Regulations create an important or substantial change in your Lease, we cannot enforce the change until 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 or condition that affects the health or safety of residents. OWNER'S AGENT 5. The Manager is our representative and is authorized to manage the Property. All notices 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. We are only responsible for loss, damage or injury because of acts, omissions or negligence by us, the Manager or any of our employees PERSONAL PROPERTY INSURANCE 7.A. We are not responsible for the loss of or damage to property'or injury to persons occurring in or about 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 for obtaining your own insurance for your personal property. DAMAGE TO PROPERTY S. In case of damage 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 damage is so great that we decide not to rebuild or repair the building, then this lease will end after.we give you reasonable notice. If we 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 time students. Should all of the members of your household over the age of 18 become frill time students, you must notify us immediately and either (1) arrange to become a market rate tenant at an increased rental if we 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 Families with Dependent Children (AFDC), You are enrolled in and receive assistance under the Job Training Partnership Act (MA) or a similar 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 of a third party.. Version 01/29/01 page 2 of 6 10/02/2001 12:57 18608873987 ARTSPACE NORWICH PAGE 04/07 QUALIFIED UNIT LEASE ArtSpaoe Norwich - 35 Chestnut Street Norwich. CT EVENTS OF DEFAULT BY TENANT 10. Ifyou commit or allow any ofthe following violations of this Lease, we may at any time thereafter, as permitted by law, re-enter and repossess the Unit by summary process proceedings (eviction) and we may move you and your belongings out in accordance with state law without incurring any liability: a. Ifyou do not pay your Rent within ten (10) days after it is due; b. If you do not pay for 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 other than 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 damage to your Unit or the Property (other than reasonable wear and tear) and fail to repair or pay for the repair of any such damage; h. Ifyou fail to comply with the requirements of Paragraph 15.E. If you use the Unit or any portion of the Property for any illegal purpose; j. If you fail to maintain the required security deposit (if any portion of your security deposit is used to pay for damage caused by you, you are required to restore that amount); k. Ifyou misrepresent your income or any other material fact in connection with your application for an apartment at the Property or any annual income recertification; If you fail to certify and annually 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. If we serve you with a notice to quit possession or ask the courts to evict you because of your default under the Lease, you still remain obligated for all Rent due until the end of your Lease term Version 01/29/01 page 3 of 6 10/02/2001 12:57 18608873987 ARTSPACE NORWICH QUALIFIED UNIT LEASE ArtSPace Norwich -- 35 Chestnut Street, Norwich, CT DAMAGES 12. In any of the following cases, we may decide to seek a money judgment against you for unpaid Rent and/or damages under this lease. A. Ifyou do not pay the stated monthly Rent promptly when due; B. If you, your household, your guests or your agents damage the Unit or Property; PAGE 05/07 C. If your utilities are shut off due to your failure to pay for them and the Unit or Property is or may reasonably be expected to be damaged as a result; D. If you do not comply with any and all provisions of this Lease and the Mules and Regulations. 13. In the event it becomes necessary for us to take action to enforce the terms of this Lease or to collect any sutras owing under the terms of this Lease, and we secure a judgment against you or you admit fault 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 ofd v t-kirc& ) qjry dollars ($ f o?4i.eX? ) which we will hold as a security deposit. This'+mWey is being held to insure that you will comply with all of the terms of this Lease. You will receive interest on your security deposit once each year in accordance with state law as follows: the greater of (a) 1.5% per annum; or (b) the Deposit Index, as hereinafter defined, for such year. "Deposit Index" shall be published in the federal reserve board bulletin in November of the prior year. The Deposit Index shall be published by the banking commissioner 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 of the 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 for that month, except that there shall be no such forfeiture if, pursuant to the Lease, a late charge is imposed and paid by you for 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. 14.1). If you or your household or guests have caused damages, we must give you a list of those damages within thirty (30) days after the end of your Lease and can 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. ?.4mca..?yc.f lh7 Slrp`.K. ??,?d. . 1..._!_-n„?nin, page 4of6 10/02/2001 12:57 19608873987 ARTSPACE NORWICH PAGE 06/07 QUALIFIED UNIT LEASE ArtSpace Norwich - 35 Chestnut Street,_Norwich. CT CONDITION OF UNIT, MAINTENANCE, REPAIRS AND IMPROVEMENTS 15.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. 153. You will be responsible to keep the Unit in a clean condition at all times to prevent insect and rodent infestations and to keep it in the same condition as it was on the Commencement Date except for normal wear and tear or equipment failure. Any damage caused by you, a member of your household or a household 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 notify the Manager of any equipment failure, breakage or other maintenance problem and of any health or safety code violation or damage that may endanger life or property. 15.C. You agree to replace light bulbs at your expense, to clean interior window surfaces, to keep hallways, entrances and other common areas free and clear of obstacles, toys, trash or other debris, to dispose. of trash in prescribed receptacles, to follow the recycling requirements established by the Manager and to dispose of any environmentally hazardous substances or contaminants in accordance with all applicable environmental laws. 15.1). We agree to maintain the Property in a decent, safe and sanitary condition in conformity 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 constraints. You agree to provide reasonable access to the Unit during business hours alter being given reasonable notice for making ' improvements or repairs. In case of an emergency that may endanger life or property, the Manager has the right to enter the Unit immediately to make the necessary repair. Reasonable effort will be made to contact you, give you as much notice as possible, describe the work to be done and disrupt your living conditions as little as possible. 151. 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 remain in the Unit, unless they are detachable and can be removed without damage to any part of the Unit or Property. Any unauthorized improvements shall be removed and the Unit or Property shall. be restored to its condition at move-in at your sole cost and expense. 1NSPECIIONS 16.k you are responsible for the maintenance of the interior of your Unit and must return it to us at the end of the Tease in the same condition as it was rented to you. Reasonable wear and tear are allowed. If we need to enter your Unit to make routine or reasonable inspections and repairs, we will notify you ahead of time and ask permission. You may not unreasonably refuse or delay permission for inspection, repairs or extermination. 16.8. In case of emergency we may enter without notice to you and without your consent. 16.C. Prior to move out the Manager will make an inspection of your Unit so that you may have the opportunity to correct any conditions or damage for which you may incur liability. Any repairs trade 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 occupancy, unless otherwise approved by the Manager. ..? 0 .,f 6 10/02/2001 12:57 18608873987 ARTSPACE NORWICH PAGE 07/07 QUALIFIED UNIT LEASE ArtSpace Norwich - 35 Chestnut Street. Norwich. CT DISCRI)MILATION 18. We are not permitted to discriminate against you in the terms of this Lease or in any other respect because of your race, 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. MISCELLANEOUS 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 all 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 for us to subordinate this Lease to a mortgage, it may be necessary or desirable for us to have you execute (sign) more documents. For that purpose, you agree to sign such additional documents if necessary, without cost. If we ask, and you refuse to sign a lease subordination 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 for a violation of the terms of this Lease, we are not prohibited from taking action for a similar violation at a later time. 22. The invalidity of auy clause, part or provision of this Lease shall not affect the validity of the remaining parts. 23. If you have any questions about your application or this Lease, or any problems once you begin living in the Unit, you should contact the Manager. TERMINATION OIL NON-RENEWAL OF LEASE 24. If you desire 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 for the Rent for the next two (2) full calendar months after giving notice or until the date the Unit is re-rented, whichever comes first. You shall vacate the Unit on or prior to the last day of the Term IN WITNESS WEEREOF, we have executed this Lease:: WITNESS TENANT DATE: 101 1 t o% TENANT c WITNESS GENERAL PARTNER ARTSPACE HARTFORD LIMITED PARTNERSHIP DATE: Version 01/29/01 page 6 of6 IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYL IA ? PLA73iTIFF )LF>E-Cc H N CIVIL ACTION' LAW V. PROTECTION FROM ABUSE DEFENDANTTT? l\ ??V 1 NO _ Z - ZCJOp D.O_B.- SNfE.N SSI - - IYi5o'R -- ?NtS CR N 0U W ORDER OF COURT UNDER PROTECTION FROM ABUSE ACT $E 'GtMES AND NOW, this. C.- day of ate, unde PxoteCFO from Abuse Act, 23 Pa_ C.S.A. § 6101 et se4_, it is hereby D and ECTED: C?CDCI Inc? Is, C;UsTo OF K © V/A naT L-F-A0E ?. f ? G HE s KAL-C- Ok MTEKOAL- /IQ ALL DEFENDANT'S A True Copy Attest EXHIBIT Nancy Noll Clerk of Court 3 CiviVProthonotary M Corny sioq xpires Costs shall be paid by the defendant. First Mon ay irrli Jan. 2002 CLERK OF COURT SHALL FILE CERTIFIED PHOTOCOPY OF THIS ORDER WITH THE SHERIF] AND ALL POLICE DEPARTMENTS WHO HAVE BEEN DIRECTLY NOTIFIED OF THE PFA ORDER WHICH PHOTOCOPY SHALL BE SUFFICIENT COURT FOR Ela BY CO s SEE NOTICE TO PARTIES ON REVERSE SIDE EXHIBIT "E IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA AINTIFF REBECCA RUHN VIL W HI LE OTECT ON FROM ABUSE :FENDANT SCOTT R. RUHN NO. 00048PF2r0e(a,QQ1, Me D.O.B.: SS# - - 1 01 JAN 12 A It: 20 Nancy Nall Cjerk of Court ?ivfllProthonotary CLERIC OF ORDER OF COURT UNDER 1110! 11 'P IfglI ABU of -??o ?zpires NGRTt1AMPTON COUNTY PA mt MondaY + Jan. 2002 AND NOW, this day of ..20under the Protection from Abuse Act, 23 Pa. CS -A- § 6101 et seq., it is hereby ORDERED and DIRECTED: ?Imlt All/L v1z P %1`Gt ?`? POP, 0/twd , PIG ?,It.?,.Q ??? ??>21 ?'????- ?? o s 90101 Costs shall be paid'by the defendant. CLERK OF COURT SHALL FILE CERTIFIED PHOTOCOPY OF THIS ORDER WITH THE SHERIFF AND ALL POLICE DEPARTMENTS WHO HAVE BEEN DIRECTLY NOTIFIED OF THE PFA ORDER, WHICH PHOTOCOPY SHALL BE SUFFICIENT COURT AUTHORIZATION FOR ENFORCEMENT- BY THE COURT, SEE NOTICE TO PARTIES k J ON REVERSE SIDE a EXHIBIT "D" SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-1027 CIVIL TERM CIVIL ACTION - LAW REBECCA J. KUHN, Defendant : CUSTODY ORDER OF OODRT AND NOW, this day of ;M M4,A, , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 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 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. BY THE COURT, W _ cc: Lawrence J. Rosen, Esquire - Counsel for Father vC^rC? 3 II? Mark C. Duffie, Esquire - Counsel for mother `` SCOTT R. KUHN, Plaintiff VS. REBECCA J. KUHN, Defendant PRIOR JUDGE: J. Wesley tiler. Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITS CUMBERLAND COUNTY 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: DATE OF BUM Nova C. Kuhn May 2, 1997 CURRENTLY IN CUSTODY OF 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. 6Ica as p coa.,", Date ' Dawn S. Sunday, Esqu re Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 CIVIL TERM CIVIL ACTION - LAW CUSTODY SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW REBECCA J. KUHN, Defendant NO. 01-1027 CIVIL TERM ORDER OF COURT AND NOW, this P 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. 1\ oa BY THE COURT, 5 zz. J. esley Oler, Jt? J. ? "? ?,?_? ? ti?? ?? ., Lawrence J. Rosen, Esq. 1101 N. Front Street Harrisburg, PA 17102 Attorney for Plaintiff Mark C. Duffle, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant :rc SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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, Lawrence J. Rosen, Esquire 1101 N. Front Street Harrisburg, PA 17102 For the Plaintiff Mark C. Duffie, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 For the Defendant J d 2sley Ole Jr., c? wcy SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 Parts 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. Lawrence J. Rosen, Esquire 1101 N. Front Street Harrisburg, PA 17102 For the Plaintiff Mark C. Duffie, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 For the Defendant By the Court, C7 J. s wyv(06 ler., , wcy SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 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 Plaintiff's 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 of the 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; 3. Temporary or partial physical custody of the child shall be in Plaintiff (the father) at the following times: a. During the school year, (1) 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. Offenger, IV. 5. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual consent. BY THE COURT, Wesley 0I?6Jk., J Lawrence J. Rosen, Esq. 1101 N. Front Street Harrisburg, PA 17102 Attorney for Plaintiff Mark C. Duffle, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant I? 9 :rc SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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, Lawrence J. Rosen, Esquire 1101 N. Front Street Harrisburg, PA 17102 For the Plaintiff J?, Wesley O e?) Jr. 1 g 0% 10 5 Mark C. Duffie, Esquire 301 Market Street P.O.Box 109 Lemoyne, PA 17043-0109 For the Defendant wcy Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT R. KUHN, Plaintiff/Respondent V. REBECCAJ.KUHN, Defendant/Petitioner PETITION FOR CONTEMPT No. 01-1027 CIVIL ACTION - LAW IN CUSTODY 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, Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 2001. 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. 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 & By: k C. Duffle ttorney I.D. No. 759 301 Market Street P. O. Box 109 Lemoyne, PA 17043-01 (717) 761-4540 Attorneys for Petitioners DATED: o (t 12001 147913 VERIFICATION 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. -07 ?C ARK C. D IE Dated: (00 2001 147913 CERTIFICATE OF SERVICE I, Mark C. Duffle, of the law firm of Johnson, Duffle, 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: tp`?\o\ ?? - C Mark C. Du e :147913 SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1027 CIVIL TERM ORDER OF COURT AND NOW, this P 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.(Wesley Oler, IV EXHIBIT "A" V Lawrence J. Rosen, Esq. 1101 N. Front Street Harrisburg, PA 17102 Attorney for Plaintiff Ma . Duffle, Esq. 1 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant :rc LOUISE A. 798 23L37216?d.o JOHNSON, DUF18023MVMT 64 & WWW ?i6[I61? EXHIBIT "B" i +! fill w ?? hh r{ t 7?.p? `?. ` ? ,. J?.ff C ?. ? Y r. ? ? SCOTT R. KUHN IN THE COURT OF COMMON PLEAS OF PLAINTIFF 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 counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 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 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 hours prior to scheduled hearing. FOR THE COURT, By: isi Dawn S. Sunday, Esq.h Custody Conciliator .1 , 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 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 County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /,?ryMY ,i NOV 0 2 2001Y SCOTT R. KUHN, vs. Plaintiff REBECCA J. KUHN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 IN CUSTODY ORDER OF COURT CIVIL ACTION LAW AND NOW, this Is' 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, ??J-,L Dawn S. Sunday, Esquire Custody Conciliator ,;, - - t-.: ?' ?Y ??;.? <a SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff 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, J6Wesley Ol ref Jr. , 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 :Mae SCOTT R. KUHN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA J.KUHN DEFENDANT . 01-1027 CIVIL ACTION LAW . IN CUS'T'ODY 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. Sunday, Esq. _,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 26, 2003 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 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 hours prior to scheduled hearing. FOR THE COURT, By. /s/ 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 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 LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?'' ? mod' ? ? ,,?.?,? ?? ? ? ???. ?? ? ,. SCOTT R. KUHN, Plaintiff vs. REBECCA J.KUHN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1027 CIVIL ACTION - LAW IN CUSTODYNISITATION 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. 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 DATE: Attorney for Plaintiff 7 l (- ? 3 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. Scott R. Kuhn DATE: '2-7-o3 0 L ? ? ?? O C w SEP 3 u zOO3 V SCOTT R. KUHN IN THE COURT OF COMMON PLEAS OF Plaintiff 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, Dawn S. Sunday, Esquire Custody Conciliator ('1 :'7 Q_ i^r:' D !" J i u- u a '?„i m v y SCOTT R. KUHN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-1027 CIVIL ACTION LAW REBECCA J.KUHN IN CUSTODY DEFENDANT 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. Sunday, 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 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: /s/ Dawn S. Sunday, Esq. L 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 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 LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 A2 sc.r "''? halm C SCOTT R. KUHN, Plaintiff vs. REBECCA J.KUHN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1027 CIVIL ACTION - LAW IN CUSTODYNISITATION 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 2. 3 4 5 6. Plaintiff Scott R. Kuhn (hereinafter "Plaintiff") is an adult individual currently residing at 316 3`d Street, New Cumberland Pennsylvania. Defendant Rebecca J. Kuhn (hereinafter "Defendant") is an adult individual currently residing, upon information and belief, in Boiling Springs, Pennsylvania. The parties are the parents of one child, Nova C. Kuhn, born May 2, 1997. Prior custody Orders have been entered in this matter, dated March 30, 2001 and June 5, 2001. Defendant has consistently failed to maintain a stable living environment for the child, and has not maintained a permanent residence. 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. 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. DATE: d, I ,42.4 Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: 5 Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff 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. Scott R. Kuhn DATE: C? - / ?- d `( CERTIFICATE OF SERVICE AND NOW, this 18« 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. Duffle, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 LAW OFFICES OF MARK K. EMERY By: Mark K. Emery f ., ty SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-1027 REBECCA J.KUHN, : CIVIL ACTION - LAW Defendant : IN CUSTODYNISITATION 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. Duffle, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 LAW OFFICES OF MARK K. EMERY By:--, - Mark K. Emery Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1027 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT AND REQUEST FOR SANCTIONS AND ATTORNEY'S FEES AND NOW, this 9" day of March, 2004, comes Defendant, Rebecca J. Kuhn, by and through her attorneys, Johnson, Duffle, 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 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. 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. §2503 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 &JOVE'tpNER By: Mark C. Duffle Attorney I.D. No. 759 '2 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant jlb:224797 CERTIFICATE OF SERVICE AND NOW, this - 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 1 By;?e nnife Bixljn`?zM Jer Legal Assistant EXHIBIT "A" LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation JERRY R. DUFFIE 301 MARKET STREET RICHARD W STEWART F. O. BOX 109 C. ROY WEIDNER, JR. LEMOYNE, PENNSYLVANIA 17043.0109 EDMUND G. MYERS WEBSITE: www.jdsw.com DAVID W. DELUCE RALPH WRIGHT, JR. TELEPHONE 717.761.4540 FACSIMILE 717.761.3015 J. . LANZA DAVID E-MAIL m il®Idaw.com MARK C. DUFFIE MELISSA PEEL GREEVY MICHAEL J. CASSIDY ROBERT M. WALKER 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 Ladies and Gentlemen: HORACE A. JOHNSON COUNSEL TO THE Fism WRITER'S EXT. NO. 116 EMAIL mcd@jdsw.com a 1 ? `S4S'W:.?4 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 Office of the Prothonotary December 16, 2003 Page 2 10. Three (3) original Decrees in Divorce with copies of the Property 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 Mark C. Duffr Mark C. mmb:222185 12309-1 Enclosures c: Mark K. Emery, Esquire (without enc.) Ms. Rebecca J. Kuhn (without enc.) Johnson, Duffle, Stewart & Weidner. By: Mark C. Duffie I.D. No. 75906 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under §3301(c) of the 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. Respectfully submitted, JOHNSON, DUFFI , TEF?6 W IDNER Dated: By: 7 M C. Duffie Attorney LD. No. 7Attorneys for Defendant :222183 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 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 AFFIDAVIT 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. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. 1 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. §4904 relating to unsworn falsification to authorities. Date: 5 r[?-e? Scott R. Kuhn :218827 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, Defendant AFFIDAVIT OF CONSENT NO. 01-1027 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY 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. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. 1 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. §4904 relating to unsworn falsification to authorities. Date: ? 663 :218827 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R Xbec?ca J. Kuhn Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OFA DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE TO: SCOTTR. KUHN. Plaintiff I consent to the entry of a final decree in divorce without notice. 2. 1 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. 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. 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. §4904 relating to unsworn falsification to authorities. Date: :218827 Scott R. Kuhn, Plaintiff Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OFA 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. 1 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. 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. 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. §4904 relating to unsworn falsification to authorities. Date: .%1' Rebecca J. Kuhn, DefO?dant :218827 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY AFFIDAVIT 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 my spouse and I participate in counseling. 2. 1 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. §4904, relating to unsworn falsification to authorities. Date:/ i/- d 5 ' c, 3 Scott R. Kuhn :218827 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT NO. 01-1027 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY I, REBECCA J. 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 my spouse and I participate in counseling. 2. 1 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. §4904, relating to unsworn falsification to authorities. Date: X1L?'(./l tt y-1 (3, ?/? R ca JKuh ?2)? n' .218827 [OMMOMNEALTH OF PpNMIYUANIA NtaSte) flfl! NO OHA1R171UIf fW IR.117/1 VITAL RECORDS RECORD OF STATE FILE NUMBER (DIVORCE OR ANNULMENT( COUNTY I {l I` STATE FILE PATE Cumberland ? (CHECK ONE) ? HUSBAND 1. NAME (Rag (MM") (Lug 2 DATE (Month) (Oat) HMr OF Scott R. Kuhn BIRTH 10 06 1958 3. RESIDENCE Street w R.D. ChM. Sono. w7WP. CcYwy SMre 4. PLACE (SnN w Fwalgo Cowthyl 1506 Simpson Ferry Road New Cumberland, Cumberland PA BIRTH Plainfield, NJ S. NUMBER e. RACE 7. USUAL OCCUPATION OF THIS WHITE BLACK OTHER (Spaely) MARRIAGE 3 ? ? Restaurant Manager WIFE e. MAIDEN NAME (Asp waft) PA4 2. DATE (IHwW (Day) Year OF Rebecca Joan Zotynia BIRTH 10 03 1967 10. RESIDENCE Shah wR.D. dry Bore. w T*p. County Srere it. PLACE (Swe w Foreign Ce fty) 332 Old Stonehouse Road, Boilinq Sprinqs PA BIRTH Morristown, NJ 12 NUMBER S. RACE 14. USUAL OCCUPATION OF THIS WHITE BLACK OTHER (Spac-M MARRIAGE 1 Z ? ? Cook 15. PLACE OF (C-1y) (Greta w Foreign Cpmtly) F Ia. DATE ftnih) (Day) (tan) I S MARRIAGE inrhipstprl VA I MARRIAGE !11 RR 10QR 17A NUMBER OF 178. NUMBER OF DEPENDENT 16. PLAINTIFF 12. DECREE GRANTED TO CHILDREN THIS 1 CHILDREN UNDER Ia HUSBAND WIFE OTHER(Sp"" ( HUSBAND WIFE OTHER(SWIy) MARRIAGE 1 1 C7 Imp ? ? ? ? ? 20.. NUMBER OF HUSBAND WIFE SPLIT CUSTODY OTHER (Spedy) 1 21. LEGAL GROUNDS FOR CHILDREN TO C S ? ? ? II DNORCE OR ANNULMENT U TODY OF I 22 DATE OF DECREE (Month) (Day) (wo 23, DATE REPORT SENT (mwtV (Day) (1yar) 1 TO VITAL RECORDS 24. SIGNATURE OF TRANSCRIBING CLERK 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 APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: December 15, 2003 DOCKET NUMBER: 7\ - lCJZ l Cav \ 1 -\ C. r m PLAINTIFF/PETITIONER SS# NAME: DEFENDANT/RESPONDENT SS # 205-52-4419 Scott R. Kuhn 152-58-9054 NAME: Rebecca Joan Kuhn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SCOTT R. KUHN No. VERSUS REBECCA J. KUHN 01-1027 Civil Term AND NOW, DECREED THAT AND DECREE IN DIVORCE Scott R. Kuhn Rebecca J. Kuhn ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The 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 ice: t- _- r, O ? ;? SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. REBECCA J. KUHN Defendant 01-1027 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 3ksj day of M,> 4 , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. 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 information 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 terns 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 4:00 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 of the Child on Monday, March 29, 2004 from after school through the following Tuesday morning when the Father shall transport the Child to school. b _ CI',IV ! _- 11CIV Unl 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. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In 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 4"' and Thanksgiving. In 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 4`h and Thanksgiving. C. MOTHER'S DAY 1 FATHER'S DAY: In 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. In 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. 11. 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, ?f Nord E. vi (AJ cc: Mark K. Emery, Esquire - Counsel for Father , ??a" Y. ol. p y Mark C. Duffle, Esquire - Counsel for Mother &-f SCOTT R. KUHN, Plaintiff VS. REBECCA J. KUHN Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1027 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 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 Dawn S. Sunday, Esquir Custody Conciliator ?^ z a rt M M a ? O 8 80 ro r n qro o Zz z SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW REBECCA J. KUHN, Defendant 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 6`h 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. BY THE COURT, lark K. Emery, Esq. 410 Second Street Harrisburg, PA 17101 Attorney for Plaintiff ?Mark C. Duffle, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant J. esley Ol Y?- - J apLwl Oy-O' -0v :rc r1t ?.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY', PENNSYLVANIA Scott R. Kuhn VS. Rebecca J. Kuhn Plaintiff NO, 1 027 MOTION FOR APPOINTMENT OF MASTER 14 2001 Scott R. Kuhn (Plaintiff) Q4}ftXX , moves the court to appoint. a master with respect to the following claims: (xx) Divorce (xx) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ). Counsel Fees ( ) Alimony Pendente Lite ( ) 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. ?y,. (2) The defendant (has) ftNXXQM6 appeared in the action ArNmPm Y) (by his attorney, Mark (`_ Dnff;a Esquire). (3) The staturory ground(s) for divorce (is) (are) 3301(c) of the Divorce Code (4) Delete the inapplicable paragraph(s): G(?? x x'?1?c ?R #c ?-? x #4c5c ?€RR 3(?§?F?z (b) An agreement has been reached with respect.to the following claims: None (c) The action.is contested with respect to the following claims: Divorce ,'Rquitahla niatrih,ition (5) The action (kxgubm m) (does not involve) complex issues of law or fact. (6) The hearing is expected to take q (hours) koM:k. (7) Additional information, if any. relevant to the motion: Date: g Y d 3 ?/" ??7 _ Attorney for (P1 f) §t *ARkk ORDER APPOINTING MASTER AND NOW ,1-913, Esquire, is appointed'mast7with respect to the following claims: 40PI- 141 05 By th J C7 ?3 ) b7NV'nuS N3d ?U SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-1027 REBECCA J.KUHN, CIVIL ACTION - LAW Defendant DIVORCE PLAINTIFF'S MOTION TO ENFORCE PROPERTY 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. 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. 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.§2503. 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; 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 Mark K. Emery, Esquires Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff DATE: d j oy EXHIBIT A 12/05,,2005 11:03 FAX 717 761 5015 JDS&W Z 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, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "WIFE"), and SCOTT R. KUHN, currently residing at 1506 Simpson Ferry Road, New Cumberlard, Cumberland County, Pennsylvania (hereinafter "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on January 8, 1996, in Winchester, VA; and WHEREAS, there is ore 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 aganst the other or against their respective estates; and NOW THEREFORE, n consideration of the covenants and promises hereinafter to be kept and performed by each parry and for other good and valuable consideration, the parties, intending to be legally bound hereby. the parties do hereby agree as follows: 1. Separation. The parties have lived separate and apart since October 2000. The parties hereto shall continue to We separate and apart, and will not oehabitate 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. 12/05/2003 11:05 FAX 717 791 3015 JDS&W U-003 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 final Divorce Settlement Agreement, The parties agree to take all legal steps iincluding 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 I 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 i s 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 shat! 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 andior 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 s 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 lability 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 alt documents or papers necessary to effectuate such waiver. 12/05/2063 11:06 FAX 717 761 3015 JD5&W ?004 6. Custody and Child Support. 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 to an ,:action by WIFE against HUSBAND to Docket No- 1028 8-1997 (PACSES Case No. 806100006), to which can 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 511,338.19 in support arrears. The panes 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 Cuntody. 7. Waiver of Alimony, Alimony Pandente lite, Spousal SuDoort Counsel Fees and Expenses. The parties hereby agree to forever waive any present and/or future claims for alimony, alimony pendente life, 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 Abler-Acquired Property. Each party hereby waives any and all right, title, and interest to the property granted to the other by virtue of the provisicns 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 Separ,,.iWn Agreement to purchase any property in the future, or if either party has already done so, the other harry agrees to waive any and all rights, title, and interest to that property and shall make no claims thereto. 12,05 '2003 11:07 FM: 717 761 3015 IDS&W ? a05 11. Life Insurance. Neither party owns any fife insurance policies or is named as an insured thereunder. 12. Pension antt Retirement Benefits. Neither party owns any individual retirement account andlor 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 solo responsibility of the party who incurred that debt following the date of the execution of this Agreement. HUSBAND shaf 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 he, right to receive that money and releases HUSBAND from safo obligation and any further liability with respect to said Petition or Order. 15. Agreement Executed Voluntarily and Claariv 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 liabilitius of both parties; S. Enters into this Agreement voluntarily, free from fraud, undue influence, coercion of any kind; 12/05%2009 11:07 FAX 717 761 3015 JDS&{4' 2006 C. Has given careful and mature thought to the making of this Agreement; D. Has carefully read each provision of this Aqreement; 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 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 party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 17. Holding Other Party 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 fi 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 ether, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 15. 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 titled, 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 hereoy specifically waived. The parties do not wish to maker or append hereto any further enumeration or 12/05/2003 !1:08 FAX 717 761 3015 .JDS&W Z007 statement. Each of the parties hereto further covanants and agrees for himself or herself that his or her I heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal rep-esentatives 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 E 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 effec. Each party has carefully read this Agreemert and is completely aware not only of its t:ortent 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 than it is not the result of any improper or illegal Agreement and/or Agreements. 21. Waiver of Riohts 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 fam ly allowance in the estate of the other. 12/05,,2009 11:03 FAX 717 761 901S JDS&N' '? OOS 22. Containment of Entire Agreement Herein. This Agreement supersedes any and all other Agreements, either oral or it writing, between the parties relating to the rights and liabilifies arising out of their marriage. This Agreement contains the entire agreement of the parties. 23. Partial Invalidity. 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 1 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 default of the same or similar nature. 27 . Attornevs Fees and Expenses. Each party shall be responsible for their own attorneys fees and expenses. 28. Mutual Cooperation. Each of the parties ?31rall, 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, costs and other expenses reasonably incurred as a result of such failure. 1 uo; 6uuJ 11: 1.18 Yd:, i 17 7UI J015 Jli Bair Z no;a 29. Law of PennsVivania Applicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 30. Date of Aoreement. 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 some 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 Assigns. 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 tho parties. IN WITNESS WHEREOF, the parties hereby have. hereunto set their hands and seals the date and year first above written. WITNESS: Re?i:ca J. K n U Scott P. Kuhn 216555 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. § 4904 relating to unsworn falsification to authorities. Scott R. Kuhn DATE: d- / D 161- CERTIFICATE OF SERVICE AND NOW, this 18t" 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:?i/ C_ Mark K. Emery ?,> ? _ T: „ ; ? ; ,_ ?? ' ,, a SCOTT R KUHN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01 - 1027 Vs. NO. CIVIL 19 REBECCA J.KUHN IN DIVORCE Defendant STATUS SHEET DATE: ACTIVITIES: %ty 1/2 - Lp'% ?': J7A SCOTT R. KUHN, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01 - 1027 CIVIL REBECCA J. KUHN, Defendant IN DIVORCE TO, Lawrence J. Rosen Mark C. Duffie , Attorney for Plaintiff , 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. (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. SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW REBECCA J. KUHN, Defendant NO. 01-1027 CIVIL TERM ORDER OF COURT AND NOW, this 2°d day of March, 2004, upon consideration of Plaintiff's 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, Pennsylvania. 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 LO esley Ole J. :rc ^n ... .. ice' VN hOGl SCOTT R. KUHN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA J. KUHN NO. 2001-1027 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 5TH day of JUNE, 2001, 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, 2001, shall remain in full force and effect. By the rt, Edward E. Guido, J. Q' Lawrence J. Rosen, Esquire 1101 North Front Street Harrisburg, Pa. 17102 For the Petitioner Mark C. Duffle, Esquire 301 Market Street P.O. Box 109 Lemoyne, Pa. 17143-0109 For the Respondent /'0?,b\ V HiNVnUSIN, rv]l c! AiNnor,) Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (7177) 761-4540 SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, Defendant AFFIDAVIT OF CONSENT NO. 01-1027 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY 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. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. 1 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. §4904 relating to unsworn falsification to authorities. Date: 3/11 10 H Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Scott R. Kuhn :218827 ?- ?. Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 Civil Term CIVIL ACTION - LAW IN DIVORCEICUSTODY 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. 1 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. §4904 relating to unsworn falsification to authorities. ? I? ? -, Date: Scott R. Kuhn, Plaintiff :218827 r ?, _? _I C;;- Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT R. KUHN, Plaintiff V, REBECCA J. KUHN, Defendant AFFIDAVIT OF CONSENT NO. 01-1027 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY 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. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. 1 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. §4904 relating to unsworn falsification to authorities. Date: 3 13 (D`f yiekza- - ?J17 Rebecc 000 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :218827 i? , -_ i e ?. Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle T.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SCOTT R. KUHN, Plaintiff V. REBECCAJ.KUHN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OFA 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. 1 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. 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. 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. §4904 relating to unsworn falsification to authorities. Date: 1 (d' { Re gecc?a J. Kuhjefendant 7? :218827 =:? ,??: ?,. SCOTT R. KUHN VS. REBECCA J. KUHN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01- 1027 NO. CIVIL 19 IN DIVORCE Defendant STATUS SHEET DATE: It 01 ACTIVITIES: 7ntv 0? -4? ll??A -Aj I SCOTT R. KUHN, Plaintiff VS. REBECCA J. KUHN, Defendant TO: Lawrence J. Rosen Mark C. Duffie THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 1027 CIVIL IN DIVORCE , Attorney for Plaintiff , 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. (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. SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 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 Plaintiff's 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, Pennsylvania. 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 esley Ole r., J. :rc ,. ?a; ?,; ,,,, ? ?'? :.:: ':; ,,.,, _.: ,; ,? ? I ?Z 4d?' ?- ???N hJ?Z ?? SCOTT R. KUHN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA J. KUHN NO. 2001-1027 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 5T" day of JUNE, 2001, 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, 2001, shall remain in full force and effect. Lawrence J. Rosen, Esquire 1101 North Front Street Harrisburg, Pa. 17102 For the Petitioner Mark C. Duffle, Esquire 301 Market Street P.O. Box 109 Lemoyne, Pa. 17143-0109 For the Respondent By the Edward E. Guido, J. V VINb'A'S INOnd hZ i,"d 1-P:ilf I0, SCOTT R. KUHN, Plaintiff VS. REBECCA J. KUHN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 1027 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 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 . H fS+rP.J , cc: Mark K. Emery Attorney for Plaintiff ,/Mark C. Duffie Attorney for Defendant J 03 kct. kPI KC4, " PROPERTY SETTLEMENT AGREEMENT THIS PROPERTY SETTLEMENT AGREEMENT (hereinafter "Agreement'), made this 11 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"). WITNESSETH: 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. Separation. 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. 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. 6. Custodv and Child Support. 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, Alimony pendente lite, Spousal Support, Counsel Fees and Expenses. 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-Acquired Propertv. 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. ,l 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. Agreement Executed Voluntarily and Cleariv 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; 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. Holdinq Other Party 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 titled, 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 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, Duffle, 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 Partv'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. 22. Containment of Entire Agreement 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. 21 Partial Invalidity. 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 default of the same or similar nature. 27. Attorneys Fees and Expenses. Each party shall be responsible for their own attorneys fees and expenses. 28. Mutual Cooperation. 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 attorney's fees, costs and other expenses reasonably incurred as a result of such failure. u 29. Law of Pennsylvania Applicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 30. Date of Agreement. 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 Assiqns. 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: Rebecc J. K?uhn?f :? ??U"lJrdJ ? -? Scott R. Kuhn :218556.3 ?j CERTIFICATE OF SERVICE AND NOW, this 12" 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. Duffle, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 LAW OFFICES OF MARK K. EMERY By: l .." Mark K. Emey s ?...i ia? SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-1027 REBECCA J.KUHN, CIVIL ACTION - LAW Defendant 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. 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 By: Mark K. Emery, E?quife Supreme Court I.D. No. 72787 410 North second Street C Harrisburg, PA 17101 DATE: March 12, 2004 (717) 238-9883 IN THE COURT OF COMMON PLEAS jx OF CUMBERLAND COUNTY STATE OF PENNA. • ? SCOTT -.R,__KUHN ?? 00171027 No. 2 . Versus REBECCA-J. KUHN.. ---- - i S. DECREE IN DI VORCE 3 1, AND NOW, ...... .?> ................. kgt20o.4 . , it is ordered and decreed that ... SCOTT. A-..KUxN........................ . . . . . . . plaintiff, and . REBECCA. J.•..KUHN defendant, are divorced from the bonds of matrimony. c 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; v None. See Property Settlement Agreement dated March 1I. 20.. incorporated but not merged into this Decree in Divorce. ........ .... ........................................................ s By The Co t: ; VIZ . Attest- J. ' .: w ' Prothonotary ' f ` .. SCOTT R. KUHN, Plaintiff V. REBECCA J. KUHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 CIVIL ACTION - LAW CUSTODY PETITION TO MODIFY CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioner is SCOTT R. KUHN, who is the plaintiff in the above action (hereafter referred to as "Father"). He resides at 365 Walton Street, Lemoyne, PA 17043. 2. Respondent is REBECCA J. KUHN, (hereafter "Mother"), defendant in the above action. She resides at 412 W. Simpson St. (Rear) Mechanicsburg, PA 17055. 3. The parties are the natural parents of NOVA C. KUHN, born May 2, 1997 (age 12). 4. On March 31, 2004, the Honorable J. Wesley Oler, Jr. signed an Order (attached hereto) which sets forth an agreement the parties reached at a custody conciliation. The Order, among other things, grants primary physical custody to Mother, subject to periods of physical custody by Father. The parties share legal custody. 5. On June 6, 2009, Nova advised Father that Mother had been physically abusive toward her (i.e. slapping in the face, choking, throwing items at her head). 6. Nova had also advised the Vice Principal at her school and her school counselor of Mother's actions toward her. 7. Children & Youth has been notified and is in the process of conducting an investigation. 8. Additionally, Mother has been verbally abusive and demeaning (i.e. calling the child a "slut", "ugly," "stupid, 11 "fat," etc.). 9. The incidents intensify during the periods when .Mother is drinking alcohol. Mother drinks alcohol virtually every day. Nova has found her Mother passed out in the hallway from being intoxicated. Mother has permitted her friends to have sex in Nova's bedroom. 10. Nova is frantic and fearful of returning to Mother's home, particularly in light of Mother's knowledge that Nova has shared information of abuse with Father and school employees. 11. Concurrent with this Petition, Father is filing a Petition for Special Relief, requesting a temporary Order granting him sole physical legal custody (retaining the shared legal custody between the parties) until further Order of Court (either through Children & Youth or through the custody docket). 12. Following the conciliation, Father requests primary physical custody of Nova. Father will likely be asking for additional relief (dependent upon many factors, including the Children & Youth investigation), including counseling, supervised visits (if abuse is confirmed), etc. WHEREFORE, Father requests that he be granted temporary sole physical custody of the parties' daughter, pending the custody conciliation and/or Children & Youth investigation. Respectfully submitted, DATE: 6/9/09 -c"ACA'a / SCOTT R. KUHN 365 Walton Street Lemoyne, PA 17043 (717) 418-9367 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 6/9/09 SCOTT R. KUHN SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. REBECCA J. KUHN Defendant 01-1027 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 3 ks? day of mz-) 4 , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. 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 information 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 4:00 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 of the Child on Monday, March 29, 2004 from after school through the following Tuesday morning when the Father shall transport the Child to school. 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. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In 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 0 and Thanksgiving. In odd numbered years, the Father shall have custody of the Child on New Years D%, Memorial Day and Labor Day and the Mother shall have custody on Easter, July 4 and Thanksgiving. C. MOTHER'S DAY / FATHER'S DAY: In 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 supersede 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 supersede 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. In the event either party intends to relocate his or her residence at a distance greater than a twenty minute drive from his or her cunvnt 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. I 1. This Order's entered Pursuant to an Agrent Conference. The parties may modify the provisions of this oOrder by mutual consent. In the absen mutual consent, the terms of this Order shall control. ce of BY THE COURT, cc: Mark K. Emery, Esquire _ Counsel for Father Mark C. Duffle, Esquire - Counsel for Mother o/-oy /" OF THE PPO ?THON;?TARY 2009 JUN -9 APB 10: 3 4 # # ?? as //7,? SCOTT R. KUHN, Petitioner/Plaintiff V. REBECCA J. KUHN, Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 CIVIL ACTION - LAW CUSTODY PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF REQUESTING TEMPORARY LEGAL AND PHYSICAL CUSTODY OF CHILD 1. Petitioner is SCOTT R. KUHN, who is the plaintiff in the above action (hereafter referred to as "Father"). He resides at 365 Walton Street, Lemoyne, PA 17043. 2. Respondent is REBECCA J. KUHN, (hereafter "Mother"), defendant in the above action. She resides at 412 W. Simpson St. (Rear) Mechanicsburg, PA 17055. 3. The parties are the natural parents of NOVA C. KUHN, born May 2, 1997 (age 12). 4. On March 31, 2004, the Honorable J. Wesley Oler, Jr. signed an Order (attached hereto) which sets forth an agreement the parties reached at a custody conciliation. The Order, among other things, grants primary physical custody to Mother, subject to periods of physical custody by Father. The parties share legal custody. 5. On June 6, 2009, Nova advised Father that Mother had been physically abusive toward her (i.e. slapping in the face, choking, throwing items at her head). 6. Nova had also advised the Vice Principal at her school and her school counselor of Mother's actions toward her. 7. Children & Youth has been notified and is in the process of conducting an investigation. 8. Additionally, Mother has been verbally abusive and demeaning (i.e. calling the child a "slut", "ugly," "stupid," "fat," etc.). 9. The incidents intensify during the periods when Mother is drinking alcohol. Mother drinks alcohol virtually every day. Nova has found her Mother passed out in the hallway from being intoxicated. Mother has permitted her friends to have sex in Nova's bedroom. 10. Nova is frantic and fearful of returning to Mother's home, particularly in light of Mother's knowledge that Nova has shared information of abuse with Father and school employees. 11. Concurrent with this Petition, Father is filing a Petition to Modify the current Custody Order. WHEREFORE, Father respectfully requests that he be granted temporary sole physical custody of the parties' daughter, with the parties continuing to share legal custody. Respectfully subm'tted, DATE: 6/9/09 SCOTT R. KUHN 365 Walton Street Lemoyne, PA 17043 (717) 418-9367 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 6/9/09 SCOTT R. KUHN CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the Emergency Petition For Special Relief and Petition to Modify Custody Order to by mailing same, regular mail, postage prepaid to REBECCA J. KUHN, 412 W. Simpson St. (Rear) Mechanicsburg, PA 17055. DATED: 6/9/09 _5't?m SCOTT R. KUHN SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. REBECCA J. KUBN Defendant 01-1027 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 3 lSJ day of (/Gl7> 4 , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. 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 copatenting arrangements. Within ten days of the date of the custody conciliation conference, the Mother shall contact the counselor to obtain information concerning the costs of counseling and application of insurance coverage and provide the information to the Father. The parties shall matte 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 4:00 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 of the Child on Monday, March 29, 2004 from after school through the following Tuesday morning when the Father shall transport the Child to school. 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. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In 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 0 and Thanksgiving. In odd numbered years, the Father shall have custody of the Child on New Years D%, Memorial Day and Labor Day and the Mother shall have custody on Easter, July 4 and Thanksgiving. C. MOTHER'S DAY / FATHER'S DAY: In 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 supersede 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 supersede 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. In 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. Confer l l This Order is entered Pursuant to parties ence. The Parties ,n ay mods a agent of the mutual consent, the terms of this Order a Provisions of this Order by,rn at a utual consent- Custody Conciliation ahal! control. In the absence of BY TifE COURT, J. ?„ (N s O i l ! ? ?7t cc: Mark - K. Emery Esquire - Counsel for Father Duffle,' Esquire - Counsel for Mother e'I= J`?"° ?n.t Y- of-o y FILED OF THE Po,.- ("),N,, ?'! 2009 JUN -9 ASR d0-.3 4 u?? .iN;; r£t`d:"tiZYLV P,,l,A SCOTT R. KUHN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2001-1027 CIVIL ACTION LAW REBECCA J. KUHN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, June 11, 2009 , 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 07, 2009 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the i, sues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to ent r into a temporary order. 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 hours prior to scheduled hear?ng. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply NA with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accor available to disabled individuals having business before the court, please contact our office. E must be made at least 72 hours prior to any hearing or business before the court. You must at conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YC HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF 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 the Americans arrangements d the scheduled J DO NOT ICE SET FILED-rwh'i"tCc OF THE - ? 07ARY 2009 jUH t Pfd SCOTT R. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW REBECCA J. KUHN, Defendant NO. 01-1027 CIVIL TERM ORDER OF COURT AND NOW, this 11ffi day of June, 2009, upon consideration df Plaintiff's Emergency Petition for Special Relief Pursuant Requesting Temporary Physical Custody of Child, this matter is referred to the custody concilia pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to referral for an expedited conciliation conference. cott R. Kuhn 365 Walton Street Lemoyne, PA 17043 Plaintiff, pro Se ?ecca J. Kuhn 412 W. Simpson Street (Rear) Mechanicsburg, PA 17055 Defendant, pro Se BY THE COURT, J Court Administrator - :rc COP 0" r v'? l lfc-l.? Legal and process litate this FILED- ij"FTICE OF VE PR-, 4r-„a', OTARY 2099 jU)i 12 Pit 3: 55 ?, 5 ?.•I Vii, JUL 0 6 2009 SCOTT R. KUHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. REBECCA J. KUHN, Defendant NO. 01-1027 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT 2009, upon consideration 1? _ AND NOW, this o day of of the attached Custody Conciliation Report, it is ordered and dir cted as follows. 1. The prior Order of this Court dated March 31, 2004 is temporarily suspended and superseded by this Order. 2. Pending the counseling and the follow-up Child and the Mother shall have periods of Order, with the Father shall have primary physical custody of the the Child as follows: A. The Mother shall have custody of the Child on Thursday, July 2, 2009 from 11:30 a.m. until 7:00 p.m. B. On Sunday, July 5, 2009, the Mother shall have custody of the Child from 9:00 a.m., when the Father shall transport the Child to the Mother's residence, until after the fireworks, when the Mother shall provide transportation to the Father's residence. C. The Mother shall have custody of the Child on Thursday, July 9, 2009 from 11:30 a.m. until 9:00 P.M. D. The Mother shall have custody of the Child on Tuesday, July 14, 2009 from 11:30 a.m. until 7:00 p.m. and on every Tuesday from 11:30 a.m. until 7:00 p.m. thereafter. E. The Mother shall have custody of the Child from Saturday, July 18, 2009 at 11:30 a.m. through Monday, July 20, 2009 at 5:00 p.m. and on alternating weekends from Saturday through Monday thereafter. 3. The Mother shall provide transportation for the exchanges of custody on the Tuesday and Thursday weekday periods of custody and the parties shall share responsibility for providing transportation for exchanges of custody on the weekend periods of custody. 4. The Father shall make arrangements for the Child to continue counseling on a weekly basis with her current counselor at Tressler Lutheran Services. The Mother shall contact the Child's counselor to make arrangements for the Mother to have input into and participation in the counseling as deemed appropriate by the counselor. One of the purposes of the counseling shall be to address and resolve the conflicts which have arisen in the relationship between the Mother and Child. 5. The parties, and if represented, their counsel, shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on August 4, 2009 at 10:30 a.m. The purpose of the conference shall be to review the progress made in counseling with regard to the Mother-Child relationship and review the custodial arrangements following participation in counseling. One of the issues to be addressed in the follow-up conciliation conference is the Child's enrollment in school for the 2009-2010 school year. 6. 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. cc: ? tt R. Kuhn - Father Zecca J. Kuhn - Mother 4 BY THE COURT, SCOTT R. KUHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1027 CIVIL ACTION - LAW VS. REBECCA J. KUHN, Defendant IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 CUSTODY OF Nova C. Kuhn May 2, 1997 Father partying reindividuals in 2. A custody conciliation conference was held on July 1, Rebecca J. 2009,with presented by attendance: the Father, Scott R. Kuhn, and the Mother, counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator 2H9 'JUI - 3 k 2: E 2 1,4.E .. •..1 ?{??,S.Pf Vii,'\' 1 SCOTT R. KUHN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-1027 CIVIL ACTION LAW REBECCA J. KUHN Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court July 6, 2009 is vacated and replaced with this Order. 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. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. Pending further Order of Court or agreement of the parties, the Father shall have primary physical custody of the Child and the Mother shall continue to have partial physical custody on alternating weekends from Saturday at 11:30 a.m., or earlier by agreement between the parties, through Monday at 5:00 p.m. and every Tuesday from 11:30 a.m. until 7:00 p.m. During the school year, the Mother's periods of partial custody shall be adjusted to every Tuesday from 4:00 p.m. until 7:00 p.m. and alternating weekends from Saturday at 11:30 a.m., or earlier by agreement between the parties, through Sunday at 7:00 p.m. 4. The parties shall continue to have custody of the Child on holidays as provided in the Order of this Court dated March 31, 2004, unless otherwise agreed between the parties. 5. The Father shall make arrangements for the Child to continue counseling on a weekly basis with her current counselor at Diakon. One of the purposes of the counseling shall be to address and resolve the conflicts which have arisen in the relationship between the Mother and the Child. The parties shall follow the recommendations of the counselor as to the timing of initiating the joint counseling sessions between the Child and the Mother. The Mother shall maintain contact with the Child's counselor to continue her involvement in the Child's counseling. 6. The Mother shall provide transportation for the exchanges of custody on Tuesdays. For the weekend periods of partial custody, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody, unless otherwise arranged by agreement between the parties. 7. The Child shall be enrolled in the West Shore School District beginning in the 2009-2010 school year and continuing thereafter unless otherwise ordered by the Court or agreed between the parties. 8. 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. 9. The parties shall conduct themselves at all times in a manner conducive to promoting and protecting the Child's emotional well-being. 10. The Mother may file a Petition to modify or review the custodial arrangements set forth in this Order if so desired. 11. 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, r J. ,; esley Oler, Jv' J. i cc: S?t,oott R. Kuhn - Father Nick Matash, Esquire - Counsel for Mother ?o?tgs ?c L 'Lv SCOTT R. KUHN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. REBECCA J. KUHN Defendant Prior Judge: J. Wesley Oler, Jr. 01-1027 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 CUSTODY OF Nova C. Kuhn May 2, 1997 Father 2. A custody conciliation conference was held on August 7, 2009, with the following individual in attendance: the Father, Scott R. Kuhn, who is not represented by counsel in this matter. Nick Matash, Esquire contacted the conciliator on behalf of the Mother, Rebecca J. Kuhn, immediately preceding the conference to advise that the Mother had decided not to attend. 3. This Court previously entered an Order in this matter on July 6, 2009 following the initial conciliation conference on July 1, 2009. The July 6, 2009 Order, entered by agreement between the parties at the conference, suspended the prior Order dated March 31, 2004 under which the Mother had primary custody of the Child and the Father had partial custody. Due to conflicts which had arisen in the Mother-Daughter relationship and the Child's strong preference to remain with the Father where she had been since June 6, the parties agreed that the Father would have primary custody while the conflicts at issue were addressed. The Order also provided for counseling for the Mother and the Child to address the concerns and a follow-up conference was scheduled for August 7, to review the custodial arrangements following the benefit of counseling and to determine where the Child would be enrolled for the 2009-2010 school year in light of the custody arrangements following review. 4. The Father stated at the conference that while the Mother had met the Child's counselor on one occasion, the Child had not been ready to have the Mother participate in the counseling session. The Father indicated that the counselor was working toward that goal with the Child to begin joint counseling sessions. The Father also stated that the conflicts between the Mother and the Child had continued and possibly worsened since the initial conciliation conference, resulting in many tearful telephone conversations between them and the Father advised that there had only been one visit when the Child did not either contact him during the visit or return from the visit extremely emotionally upset. 5. Based on the representations by the Father at the conference and the fact that the Mother did not attend or participate, the conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator RLED-0 r?CE CE THE P-,V F C IOTARY 2009 AUG I 7 Pik 2: 2 2 1 :,VN SAVAin lj',i