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HomeMy WebLinkAbout04-3602MICHAEL A. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Qy- ~ta0~ CIVIL TERM SUSAN A. ICUHN, Defendant :CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against 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 that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you aze not bound to choose a counselor from 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ~~ ~~~~ By: Attorneys for Plaintiff MICHAEL A. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09. ~Oa- CIVIL TERM SUSAN A. KUHN, Defendant :CIVIL ACTION -LAW IN DIVORCE COMPLAINT Plaintiff Michael A. Kuhn, by his attorneys, Snelbaker, Brenneman & Spaze, P. C., hereby submits this Divorce Complaint as follows: COUNT I -DIVORCE 1. Plaintiff Michael A. Kuhn is an adult individual residing at 385 Oxford Road, Gardners, Cumberland County, Pennsylvania 17324. 2. Defendant Susan A. Kuhn is an adult individual with a last known address of 385 Oxford Road, Gazdners, Cumberland County, Pennsylvania 17324. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on October 9, 1992 in Frederick County, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. LAW OFKICES SNELBAKER. BRENNEMAN At SPARE 6. Neither party is a member of the armed forces of the United States of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff Michael A. Kuhn requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. COUNT II -EQUITABLE DISTRIBUTION 10. Pazagraphs 1 through 9, inclusive, of this Complaint aze incorporated by reference herein. 11. The Plaintiff and Defendant have legally and beneficially acquired property and debts during their marriage from October 9, 1992. 12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the mazital property and debts. WHEREFORE, Plaintiff Michael A. Kuhn requests this Court to order equitable LAW OFFICES distribution of marital property and debts SNELBAKER, BRENNEMAN & SPARE _2_ WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony; (b) order equitable distribution of marital property and debts; and (c) order such other relief as this Court deems just and reasonable. SNELBAKER, BRENNEMAN & SPARE, P.C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Michael A. Kuhn LAW OFFICES $NELBAKER. BRENNEMAN & SPARE Date: July 16, 2004 -3- VERIFICATION I verify that the statements made in the foregoing Complaint aze true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.5. Section 4904 relating to unsworn falsification to authorities. Michael A. Kuhn Date: ~ ,~j -U~ LAW OFFICES SNELBAKER. BRENNEMAN & SPARE MICHAEL A. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. try- 9Gn-z- CIVIL TERM SUSAN A. KUHN, Defendant :CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT MICHAEL A. KUHN, duly sworn according to law, deposes and says: 1. I have been advised of the availability of mamage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is availab]e to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. ~~~ ~~~ Michael A. Kuhn (Plaintiff) Date: '~-~~-C~~ LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ~J -. dr ~ (~ ~-' ~- :,, w ~ ~ r ,~ ~ --~. MICHAEL A. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3602 CIVIL TERM SUSAN A. KUHN, . Defendant :CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT PURSUANT TO Pa R C P 401(bl(11 TO THE PROTHONOTARY: Please Reinstate the Complaint in the above-captioned action. SNELBAKER, BRENNEMAN & SPARE, P. C. ~/~ ZZ,~~~~., BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8:528 Attorneys for Plaintiff Michael A. Kuhn September 7, 2004 LhW OFFICES SNELBAKER. BRENNEMAN & SPARE c~ N ~-- G .-i r- v ~~~'~, n ^c7 m T :.'i1 V y Q a 7 ' ~ ~~< Vii •• (Vi i':i --'. CIp :17 -c MICHAEL A. KUHN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.2004-3602 CIVIL SUSAN A. KUHN, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND SS. Keith O. Brenneman, Esquire, being duly sworn. according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spaze, P. C., being the attorneys for Michael A. Kuhn, Plaintiff in the above captioned action in divorce; that on September 7, 2004 he did send to Defendant Susan A. Kuhn by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Divorce Complaint which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7003 1010 0000 8130 8705; that both the Complaint and cover letter were duly received by Defendant Susan A. Kuhn through her agent as evidenced by the return receipt card for said certified mail dated September 1 1, 2004; that a copy of the aforementioned cover letter dated September 7, 2004 is attached hereto and incorporated by reference herein as "Exhibit A" and the original Receipt for Certified Mail and the Domestic Return Receipt aze attached hereto incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and LAW OFFICES SNELBAKER. BRENNEMAN H[ SPARE correct to the best of his knowledge, information and belief. ~ly~~ Keith O. Brenneman Sworn to and subscribed before me this 15~' day of September, 2004. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L. Matraa, Notary Public Mechanicslwrg Bao, Cumberland Counly My Commission Expires Nov. 24, 2W7 Member, Pennsylvania Association Of Notaries LAW OFFICES II SN ELBAKER. _7 BRENNEMAN & SPARE SNELBAKER, BRENNEMAN F3 SPARE A PROFESSIONAL CORPORATON ATTORNEYS AT LAW 44 WEST MAIN STREET MECI-IAN[CSBURG, PENNSYLVANIA ]7055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN PHILIP H. SPARE Susan A. Kuhn 385 Oxford Road Gazdners, PA 17324 717-69]-8528 September 7, 2004 Re: Kuhn v. Kuhn (Divorce) No. 2004-3602 Cumberland County Deaz Ms. Kuhn: P. O. BOX 318 FACSIMILE (717) 697-7681 Enclosed please find a certified copy of a Divorce Complaint filed with respect to the above matter. Yours truly, KOB/sm Enclosure CC: Michael Kuhn (without enclosure) Keith O. Brenneman By certified mail, restricted delivery, return receipt requested, pazcel No. 7003 1010 0000 8130 8705 ERBIBIT A LFW OFFICES SNELRAKER. BRENNEMAN & SPARE CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance CovemaR P•ov'-!ec i ~~ ~. ~.. m ~^" ~ Poste $ 6 • ; ~ o Certilletl Fee `~ ~ ,36 i~~j'9J9B .~ Q RBelm Redept Fee (EntlorsemeM Requlreo) ~ ~ Pork Q p rl Reslrioted Delivery Fee (EntloraemeM Required) 3 ~~ Q r` (~ ~ ~ To[al Postage & Fees ea.. y ~/, 7( ~ ~ ~a\ ~ _ m p em ro p Susan A. Ruhn I~ Sireei: --- -a.:"-""-""""------- ,,,R,,,'~',~ Oxford Road ERHIBIT B r'7 ~ O (- ~-~ 1 T _..... ~. ~,~! ~ J r = , ~, ~ , . L a '~> ; !"~ 7 v{ ^] .r.: e: -< ~ -<. POST-NUPTIAL AGREEMENT THIS AGREEMENT is made and entered into this ~''~ i k- day of ~ /~ 2007 by.,and between: MICHAEL A. KUHN, of 385 Oxford Road, Gardners, Cumberland County Pennsylvania, party of the first part, hereinafter "Husband" AND SUSAN A. KUHN, of Cumberland County, Pennsylvania, party of the second part, hereinafter "Wife" WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were married to each other on October 9, 1992 in Frederick County, Maryland. WHEREAS, the parties last resided with each other at 385 Oxford Road, Gardners, Pennsylvania and were separated in 2001; and WHEREAS, the parties have accumulated certain assets and incurred certain debts during their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they will separate and live separate and apart from each other; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties have no children of their marriage; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof and have either obtained such advice or voluntarily and knowingly chosen not to do so; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3. PERSONAL PROPERTY. The parties declare and agree that they will within sixty (60) days of the date of this Post-Nuptial Agreement (the "Agreement"), voluntarily divide and distribute between themselves all of the parties' personal property which they acquired either before or during their marriage, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. Upon such division, each party will possess, free and clear of any claim or interest of the other, the personal property in his or her possession. 2 The parties declare and acknowledge that the division of the personal property described above constitutes their mutual agreement to divide various items of personal property, possessions, furniture and furnishings (the "property") whether or not acquired during their mamage and whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. The parties declare and acknowledge that they are aware of all assets, property and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance- with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is and will be fair and ~~-~i~itable, and that either party may sell, dispose of, encumber or transfer any property in his or her possession free of any claim or interest of the other. 4. REAL ESTATE. Husband and Wife acknowledge that they acquired during their marriage real property improved with a residential dwelling located at 385 Oxford Road, Gardners, Pennsylvania (the "marital residence"). The parties further acknowledge that the marital residence is subject to a purchase money mortgage given by the parties (the "mortgage") to Sovereign Bank. The parties agree that Husband shall have exclusive use and possession of the marital residence. Husband agrees that the mortgage payment, utilities, taxes, insurance and all other expenses, associated with the ownership, use and maintenance of the marital property now or in the future, shall be the sole responsibility of Husband and that Husband shall indemnify and hold Wife harmless of and from any such payments, costs and expenses. Husband agrees that he shall within sixty (60) days of the parties' signing of this Agreement refinance the Sovereign Bank Mortgage into his own name and at the time of closing on the refinancing loan, pay Wife the sum of $37,000.00. The parties acknowledge and agree that they will execute and deliver to Husband on or before the date of settlement on the refinancing of the Sovereign Bank Mortgage a special warranty deed conveying all right, title and interest in the marital residence solely to Husband. The parties agree that Husband's obligation to pay Wife the sum of $37,000.00 as noted above is specifically subject to and conditioned upon Husband qualifying to refinance the mortgage in order to obtain funds necessary to pay Wife $37,000.00 and Wife's execution and delivery of the special warranty deed noted above to Husband at or before the refinancing settlement. In the event Husband is unable to refinance the mortgage in order to fund the $37,000.00 payment to Wife, the parties agree to sell the marital residence without the use of a licensed real estate broker. The parties agree to share equally the cost to repair the residence and prepare it for sale. Upon closing on the sale of the marital residence, the parties agree that they will share equally the net proceeds of the sale. 5. BANK ACCOUNTS AND INVESTMENT ACCOUNTS. The parties acknowledge and agree that all bank accounts have been divided by prior mutual agreement of the parties. 6. DEBT, MARITAL DEBT AND FUTURE OBLIGATIONS. The parties acknowledge and agree that the only joint debt they have is the current Sovereign Bank Mortgage. They further agree that any and all debt and obligation incurred by either of them from the date of their separation in 2001 and person thereto shall be the sole and separate 4 liability and responsibility of the party incurring the debt or obligation and each party agrees that he/she will not incur or attempt to incur any debt or obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all claims, liability and attorney's fees arising from such future obligation and any other debts and obligations incurred prior to the parties' separation or divorce for which such party is obligated under the terms of this Post-Nuptial Agreement. 7. AUTOMOBILES. The parties acknowledge that Husband is an owner of a 1994 Ford Ranger. Husband shall retain sole and exclusive ownership, possession and use of the 1994 Ford Ranger. The parties further acknowledge that Wife is an owner of a Toyota Celica. Wife shall retain sole and exclusive ownership, use and possession of the Toyota Celica. Each party shall be responsible and pay all costs and expenses in any way associated with the operation and use of his or her own vehicle. 8. COUNSEL FEES. The parties agree that each shall be responsible for his or her legal fees and costs incurred by them associated with the initiation, processing and completion of the Divorce Action and the preparation, negotiation, consummation and compliance with the provisions of this Post-Nuptial Agreement. 9. PENSION, RETIREMENT PLANS OR ACCOUNT The parties acknowledge that Husband has a 401-K account through his employer, Vectron. Regardless of the amount or value of Husband's 401-K account and any other employment benefit of any nature that either party has or may have in the future, each party waives and forever releases the other of and from any and all claims which either may have 5 against the other's 401-K retirement accounts or benefits, or any other employee benefit or benefits. 10. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 11. DIVORCE. On July 23, 2004, Husband initiated a divorce action in the Court of Common Pleas of Cumberland County docketed to No. 2004-3602 (the "Divorce Action"). The parties agree to terminate their marriage by mutual consent and each agrees to execute and deliver the necessary affidavits, waivers and consents in the Divorce Action. 12. TAX IMPLICATIONS AND MATTERS. The parties agree that they shall file separate income tax returns for 2007 with Husband being able to claim any mortgage interest or other associated deduction in its entirety on his income tax return for that year and thereafter. The parties hereto agree to retain all tax returns pertaining to the years of their marriage for a period of five (5) years after the date of this Agreement. 13. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever 6 kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 14. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Po st- Nuptial Agreement shall survive any action in divorce which maybe instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at Iaw or in equity,, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree tcrincorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 15. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 16. BREACH; INDEIyINIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for dammages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold hat-mless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of 7 indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 17. VOLtTNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 18. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and. relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. WANER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 20. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 21. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement ha e been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 22. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: ~ ~. Michael A. Kuhn (SEAL) ' ~ '~ ~'' SEAL ~ ) Susan A. Kuhn 9 ° ~.:~ ~, --r, e~ '~ ~a L -;, ,_ C "~ r~ MICHAEL A. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3602 CIVIL TERM SUSAN A. KUHN, Defendant :CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 23, 2004. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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: May 17 , 2007 ~%'1 ~~!~~fin- Michael A. Kuhn LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. , ._._ ..`.' :~ -~ "" - ,~- _ ~ -~ C~ MICHAEL A. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3602 CIVIL TERM SUSAN A. KUHN, Defendant :CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301~c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce Wi+,hoat notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. 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: May 17 , 2007 ~f Michael A. Kuhn LAW OFFICES SNELBAKER SC BRENNEMAN. P.C. -•-~ ., i _'' 1 --# ~ ~- ~ ", ~'-, "~ 4~ - ....~.;.. ;:7::i .. ~. ` ~% MICHAEL A. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3602 CIVIL TERM SUSAN A. KUHN, Defendant :CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 23, 2004. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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: May 17 , 2007 Susan A. Kuhn LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. ~ ~ __ ~ . ~' _ _:~. }' ' ~".f " _ ~ a t _f ,._., = ' : ; ~ r='_ _ ~.;.'_ ~} {:. ,- - N ~„"'~ - C r MICHAEL A. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3602 CIVIL TERM SUSAN A. KUHN, Defendant :CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if 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. 4. 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: May 17 , 2007 ~ ~ ~T Susan A. Kuhn LAW OFFICES SNELBAKER & BRENNEMAN, F.C. - ~ .. ?~ ~; } ~ _ 1 ` ..+ ., ... ~ F~:: ~ ! ~.~~ S ''.''^"V~~~ ..= r ~. '' fir? ~+~ ~ :~ MICHAEL A. KUHN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3602 CIVIL TERM SUSAN A. KUHN, Defendant :CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please 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: by certified mail, restricted delivery on Defendant on September 11, 2004 (see Affidavit of Service filed September 16, 2004). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: May 17, 2007; by the Defendant: May 17, 2007. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: May 17, 2007; by the Defendant: May 17, 2007. 5. Related pending claims: None. Date: May 18, 2007 SNELBAKER & BRENNEMAN, P. C. By: Attorneys for Plaintiff LAW OFFICES SNELBAKER Sc BRENNEMAN, F.C. r- y ~~,, (::~ ~ ~'~ c°° ~ ~ ~ _ _ <~ ~:` .~- G ' - .. ,_,... ;~ y> ;- t~ ~~ '-~~' .. ~,~: 1 N THE COURT OF COMMON PLEAS MICHAEL A. KUHN OF CUMBERLAND COUNTY STATE OF '~ PENNA. _~~ -n _ _. Plaintiff VERSUS SUSAN A. KUHN, Defendant AND NOW, DECREED THAT AND N O. 04-3602 CIVIL DECREE IN DIVORCE ' `~~ ~~ ~V~-~, IT IS ORDERED AND MICHAEL A. KUHN SUSAN A. KUHN ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; None. The parties' Post-Nuptial Agreement dated May 17, 2007 is incorporated but not merged into this Decree. BY THE COURT: ATTEST: J . PROTHONOTARY ~..f~' `-