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HomeMy WebLinkAbout04-5545 DAWN A. SCHMIDHUBER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. . {)lI- 5'5t/S- t~ CHRISTIAN SCHMIDHUBER, Defendant CIVIL ACTION LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you ~ish 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marr~age counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. 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 32 South Bedford Street Carlisle, PA 17013-3302 Telephone: (717) 249-3166 II fl\div\SCHMIDHUBERcomplaint DAWN A. SCHMIDHUBER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.O'f-55V~ ~ 1.Le.-->- CHRISTIAN SCHMIDHUBER, Defendant CIVIL ACTION LAW IN DIVORCE COMPLAINT UNDER ~3301(c) OR ~3301(d) OF THE DIVORCE CODE 1. The Plaintiff in this action is Dawn A. Schmidhuber, an adult individual, who currently resides at 1904 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant in this action is Christian Schmidhuber, an adult individual, who currently resides at Zur Hochstatt 6, 85391 Allenshausen, Germany. 3. The Plaintiff has been a bona fide resident of the Common- wealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. By way of further explanation, the Plaintiff is a United States citizen who married a German citizen, in Germany. The Plaintiff has returned home to reside with her two children, as agreed by the parties. 4. The Plaintiff and Defendant were lawfully joined in marriage on August 13, 1998, in Freising, Germany. -1- II 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 7. The Plaintiff avers that two children have been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of divorce. COUNT I - CUSTODY 10. Paragraphs one (1) through nine (9) are incorporated herein by reference as though fully set forth at length. 11. The Plaintiff in this action lS Dawn A. Schmidhuber, an adult individual, who currently resides at 1904 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 12. The Defendant in this action is Christian Schmidhuber, an adult individual, who currently resides at Zur Hochstatt 6, 853391 Allenshausen, Germany. -2- /I I 13. Plaintiff seeks primary physical custody of JOSHUA ADRIAN SCHMIDHUBER, four (4) years of age, born August 15, 2000, and FINN ANDREA SCHMIDHUBER, two (2) years of age, born July 4, 2004, who reside with their mother, the Plaintiff, at 1904 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. The children were not born out of wedlock. The children are presently in the custody of their mother, the Plaintiff above-named. The Plaintiff seeks majority physical custody of the children. Plaintiff agrees to shared legal custody of the minor children with the Defendant enjoying partial physical custody. During the past four years, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATES Plaintiff & maternal grandmother 1904 Princeton Avenue Camp Hill, PA 17011 3/04 - present Plaintiff & Defendant Zur Hochstatt 6 85391 Allenshausen Germany from birth to 3/04 The mother of the children is the Plaintiff, Dawn A. Schmidhuber, currently residing at 1904 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. -3- II The father of the children is the Defendant, Christian Schmidhuber, who currently resides at Zur Hochstatt 6, 85391 Allenshausen, Germany. He is married to the Plaintiff. 20. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Donna Rock Plaintiff's mother/children's maternal grandmother 21. The relationship of Defendant to the children is that of father. The Defendant currently resides with the following persons: NAME RELATIONSHIP ALONE 22. Plaintiff has not participated as a party or witness, or In another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor children or claims to have custody or visitation rights with respect to the children. -4- 23. The best interest and permanent welfare of the minor children will be served by granting the relief requested because: A. The children have resided with their father and mother since birth who have provided a continuous living relationship with the children; B. The mother is able to provide a stable home and extended family environment for the children allowing the children opportunity to spend time with the children's father consistent with a schedule the parties have arranged between themselves; C. The father is a computer programer in Germany. D. The parties have agreed that the children shall reside in the United States and the father will arrange for travel frequently to and from Germany as the parties have agreed. 24. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. -5- WHEREFORE, Plaintiff respectfully requests that this Court grant the Plaintiff majority physical custody of the children with shared legal custody to the Defendant, giving the Defendant partial physical custody. Dated: IO-~~6Y STONE LaFAVER & SHEKLETSKI E -6- II fl \mis\l-verifi VERIFICATION DAWN A. SCHMIDHUBER, states that she is the Plaintiff named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. ~O~~ DAWN A. SCHMIDHUBER Date: I Dl ~ll ~OOLf ~~ '~,' ~~ ..J ~ ~~ ~.) tJ "- ~ ~~ (. ,~ V\ ,t\' ~ ~ ~ ~ '\ \\ " . \ ~~ "- t o "'n --I :;r:..." I n c:- "'orn , ~ zg'1: ,.(.,~. _~" L) \_.' ....J....-ri C.' -0 ?j:1J " :.!: ~"O C) ;.""rn c.: (..,) :::::t z J;::;.,' --I .'-' -<. :.< "- ~~ ~~ \\ ~~ ~ (') ~ r; ~ .r:, ~B~';: ~ ~ fl\div\SCHMIDHUBERdawn-consent DAWN A. SCHMIDHUBER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5545 CHRISTIAN SCHMIDHUBER, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 330l(c) of the Divorce Code was filed on November 3, 2004, and served November 8, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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 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. 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 falsi fica- tion to authorities. J,^~d~1 doe< DCWh n. ~CL/ft//\ DAWN A. SCHMIDHUBER, Plaintiff Date o c;. ~ f]. "'" '-:0 I- I - 8~~\;i~:, ..-".- ~r(. '.,:~(> '"7 (~"'~ .~ ~ .-0:\..,., ~~ ~~ 9_<\ -r:.-f -')~~ "!:'" (... ~ g co dp .- :;;0:: - r:- fl\div\SCHMIDHUBERdawn-consent DAWN A. SCHMIDHUBER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5545 CHRISTIAN SCHMIDHUBER, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 330l(c) of the Divorce Code was filed on November 3, 2004, and served November 8, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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 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. 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 falsi fica- tion to authorities. JIAv-t. doe; , d-oo~ ~-L- ~~ Date CHRISTIAN SCHMIDHUBER, Defendant (') ~~ ..,..".; t5~U_: ..'~.7" . (J;.~ c:: -', ~~ ~~~:: "':::l ~ f'-> = = c.n <-- c; , I ~ --I ::r: ~fl~ -8t;::l (,:)0 .:;::,;1''1'; ;;~:;:n ~.. 0 2m o --4 :rf' :0 '< ".. ~ co .. C" fl\div\SCHMIDHUBERdawn-waiver DAWN A. SCHMIDHUBER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5545 CHRISTIAN SCHMIDHUBER, Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 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. 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. 5 4904 relating to unsworn falsifica- tion to authorities. JU,V\..R d-,q . }oO~ Date \:yDU/-- DAWN A. () Yv, ~,,-lJl_ SCHMIDHUBER, Plaintiff C1 '.:;: ~ ~ "'" ~ \ - q, -::?-n - f\ ?:: , (Q -o~ -'0 \-?~ 4i H'-;:'..n c:n') 'Zf<' b -'-' .~ "P;. :,!,.. q: - ~ fl\div\SCHMIDHOBERdawn-waiver DAWN A. SCHMIDHUBER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5545 CHRISTIAN SCHMIDHUBER, Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 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. 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 falsi fica- tion to authorities. JIAN. ~q I ~~ Date ~--f ~~ CHRISTIAN SCHMIDHUBER, Defendant "'Ci [,',:' l]J~',.: t5j"~;. ~b ";;:.~c- ~ :C'. (") :;; ~"-,," ,..., = = cJ' <- c: I I ~ --4 :r::n r"r- -om i36 '~l.i ::C::lJ :.;;20 ,-3m ..,:..t )>, ~ ",. :!t <:B ..,.- II fl\div\SCHMIDHUEER,DAWN-affofservice DAWN A. SCHMIDHUBER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5545 CHRISTIAN SCHMIDHUBER, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) I, Elizabeth B. Stone, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, CHRISTIAN SCHMIDHUBER, at Zur Hochstatt 6, Tunzhansen, 85391 Allershausen, Germany, by Federal Express International Priority delivery, on November 8, 2004, as evidenced by the Defendant's Acceptance of Service dated November 8, 2004. / SWORN TO AND SUB~~ED before me this ~ day of'. , 2005. ELI . E B. SJONE A /6rn0Y/w co OF PeNNSYlVANlA NOTARIAL SEAL KATHlEEN KEIM, Notary Pubic New Cumberland BolO. Cumberland Co. My Commission Expires Dec;. 5, 2006 II II - fl \div\SCHMIDHUBER, OAWN-ACCEPTANCEOFSERVICE DAWN A. SCHMIDHUBER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5545 CHRISTIAN SCHMIDHUBER, Defendant CIVIL ACTION LAW IN DIVORCE ACCEPTANCE OF SERVICE I, CHRISTIAN SCHMIDHUBER, defendant in the above captioned matter, accept service of a certified copy of the Complaint in Divorce filed November 3, 2004, to the above term and number. A/o v ? 2C04 , ~L~~ Date CHRISTIAN SCHMIDHUBER, Defendant -r..J C(' C~\~:' o ~ ~ 'i:1> '- c:: r- I - ~;:. 1); ?: -,::- (-'~ .:;:;;;; 3. ~ :1 rn~ -'d IT, 73~ ~:n \:.016 :2.<""11 0" ..-\ Ji; :;.:: ~ C? - N fl\div\SCHMIDHOBER,DAWN-motiontoincorporate DAWN A. SCHMIDHUBER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5545 CHRISTIAN SCHMIDHUBER, Defendant CIVIL ACTION - IN DIVORCE MOTION TO INCORPORATE CUSTODY AGREEMENT FOR MINOR CHILDREN INTO DECREE IN DIVORCE DAWN A. SCHMIDHUBER, Plaintiff in the above action, by her attor- neys, STONE LAFAVER & SHEKLETSKI, moves that your Honorable Court incorporate the attached agreement dated June 15, 2005, into the Decree in Divorce. STONE LaFAVER & SHEKLETSKI fl\cust\schmidhuber/custagrm/6-1S-0S CUSTODY AGREEMENT FOR MINOR CHILDREN THIS AGREEMENT, made this 15th day of June, 2005, by and between DAWN A. SCHMIDHUBER, born Dawn A. Rock, in Spring Valley, Illinois, on March 16, 1973, of 704 4th Street, New Cumberland, Cumberland County, Pennsylvania, (hereinafter referred to as "Mother") and CHRISTIAN SCHMIDHUBER, born in Freising, on January 11, 1969, of Zur Hochstatt 6, 85391 Allershausen, Germany, (hereinafter referred to as "Father"). WIT N E SSE T H: WHEREAS, Mother is a resident of the Commonwealth of Pennsylvania and has been so for at least the past six months; and WHEREAS, Father is a citizen of Germany and has been so for at least the past six months, WHEREAS, Mother and Father were lawfully married on August 13, 1998, in Freising, Germany; and WHEREAS, Mother and Father had two children during the marriage, JOSHUA ADRIAN SCHMIDHUBER, born on August 15, 2000, and FINN ANDREAS SCHMIDHUBER, born on JULY 4, 2002; and -1- WHEREAS, Father has willingly and knowingly agreed to allow the Mother to reside in the United States with the minor children; and WHEREAS, the parties hereto have mutually agreed to enter into an agreement for the custody and visitation of JOSHUA ADRIAN SCHMIDHUBER and FINN ANDREAS SCHMIDHUBER and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, hereby covenant, promise, and agree as follows: 1. CUSTODY. Except as provided herein, Mother shall have primary physical custody of JOSHUA ADRIAN SCHMIDHUBER and FINN ANDREAS SCHMIDHUBER subject to such reasonable partial custody and visitation rights of Father as are agreed to by Mother and Father from time to time. The parties shall share legal custody of JOSHUA ADRIAN SCHMIDHUBER and FINN ANDREAS SCHMIDHUBER. Each party agrees to keep the other apprised of important matters relating to the children's health, education, welfare, and -2- activities. The parties further agree that each shall have the equal access to information concerning the children. 2. VISITATION. The parties acknowledge that Mother will reside in the United States with primary custody of the minor children. The Father resides in Germany. The parties heretofore have agreed that Father shall have the right to visitation of both children up to six weeks each year. The Father agrees that if visitation is to be out of the country it will be during those times that the children are not in school. The Father can either visit here with the children or have the children visit him in Germany. 3. Transportation. The parties agree that the Father shall be solely responsible for the costs associated with the travel expenses of the minor children up until January, 2008. After January, 2008, Father is responsible for two-thirds (2/3rd) for costs associated with the travel expenses of the minor children and Mother is responsible for the remaining one-third (1/3rd) of said travel expenses. 4. Passports. The parties agree to cooperate fully with the application process associated with passports for the minor children. -3- 5. Colleqe Education and Expenses. The parties agree that the Father shall contribute one-third toward college for each child desiring to attend University whether it be in the United States or Germany. 6. Communication with the children. Both parties agree that due to the length of time that may pass between Father's visitations with the minor children, the Mother shall permit and encourage open and frequent communication through phone calls, emails or other avenues so that the bonds of the normal child/parent relationship is maintained as reasonably possible. 7. Miscellaneous. A. No waiver or modification of any of the terms of this agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. This agreement may be modified by court order. B. This agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this agreement. Moreover, the parties hereby agree that the provisions of this agreement shall be entered as a custody order in the Court of -4- Common Pleas of Cumberland County, Pennsylvania, or in such other appropriate court. C. This agreement constitutes the entire understanding of the parties regarding custody and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties regarding custody other than those expressly set forth herein. D. If any term, condition, clause, section, or provision of this agreement shall be determined or declared to be void or invalid in law by a court of competent jurisdiction, only that term, condition, clause, section, or provision shall be stricken from this agreement, and in all other respects, this agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. E. In the event either party to this agreement shall breach any term, covenant or other obligation herein, the nonbreaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the nonbreaching party may incur including, but not limited to, filing fees and reasonable -5- attorney's fees, in any action or proceeding to enforce the terms of this agreement. F. This agreement shall forever be binding upon the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this agreement by either Father or Mother until it shall have been fully satisfied and performed. The consideration for this agreement is the mutual benefits to be obtain by both of the parties hereto in the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties and the parties intend to be legally bound hereby. IN WITNESS WHEREOF, Mother and Father have set their hands and seals the day and year first above written. ~ ~~ ~ ~ Q 1Jff DAWN A. SCHMIDHUBER, Mother (SEAL) ~~if ~~_ (SEAL) CHRISTIAN SCHMIDHUBER, Father -6- Verification and Confirmation of Agreement We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. l\qUM- O~U~(~ DAWN A. SCHMIDHUBER, (SEAL) ~~ ~~ (SEAL) CHRISTIAN SCHMIDHUBER -7- COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the ;:J<1~day of J fI.\M.- ,2005, before me, the undersigned officer, personally appeare~l\ A.S:k/ll\.lliL~nown to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. COMMONWEAlTH OF PENNSYLVANIA NOTARIAL SEAL KA1HLEEN KEIM, Nolary PUbfic New Cumberland Bora. Cumberland Co. My CommiSSIon Elql\res Dec. 5, 2006 IN WITNESS WHEREOF, I hereunto set my hand and official seal. Nom~ (SEAL) COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND : On this, the ~ay of Jt/..~ , 2005, before me, the undersigned officer, personally appeared'Cil...cno~ S,lw;ahlAl.,yknown to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEAlTH OF peNNSYlVANIA NOTARIAL SEAl KA1HLEEN KEIM. Notary Public New Cumberland Boro. Cumberland Co. My CommiSSion Expires Dec. 5, 2006 NO""~ (SEAL) F -8- (') ...., 0 c.7,~ ~~; {~:;;) -n en <':;"" !..- --4 ql ::c..." r ~ ' c::: rnp "---', r- r, I -oG CD'j?, . C) ,J ---i' :P- :c .+1 C) =" ~:_) I;~) C '<~rn ~ en C) .---1 ~:- :> :5J -< (.J .< DAWN A. SCHMIDHUBER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL DIVISION CHRISTIAN SCHMIDHUBER, DEFENDANT NO. 04-5545 CIVIL TERM 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 ~3301(c) 3301 (d) (1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: 2004, FEDERAL EXPRESS INTERNATIONAL PRIORITY DELIVERY NOVEMBER 8, 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by ~3301(c) of the Divorce Code: by Plaintiff JUNE 29, 2005; by Defendant JUNE 29, 2005 . (b) (1) Date of execution of the affidavit required by ~3301(d) of the Divorce Code: ; (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: 4. Related claims pending: NONE 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: '7 II /11 S- was filed with Date Defendant's Waiver oj ~otice in ~3301(c) Divorce the Prothonotary: 7 t..L / 0 S- . ~~~ ---ELIZAB B. STONE, ESQUIRE Attorney for Plaintiff q c -- .., .-,.,(;;:: r;=-~ r '?:; T! , ~t. ~~: ~~- ~ ,-' '....~.- -7 ~ ,..., = = Con c.... c:: . I ~ ~~ 1:'36 '-1.,., :1:-n 00 Zrn ~ -t> ::0 -< 3'.". ::lI: C!? UI ~~:f.:+':+':t; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + . + + + . . . . . . . . . . + . . . . . . . . . . . . + . . . . . . . . . . + . . . . . . . . . . . . . . . + . . . . +~:+' Of:+' :+' .. . :+;:+' :+;:+':f.:+' :+; . . . :+':f.:+' :+: . .. :+;:+::+::+::f.:+::f.:f.:+: :f.:+':f.:+':f.:+;:+::f.:+':f.:+' :+::+::+':+':+':+'~:+'+~ . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF DAWN A. SCHMIDHUBER, PLAINTIFF VERSUS CHRISTIAN SCHMIDHUBER, DEFENDANT AND NOW, ::rul1 PEN NA. No. 04-5545 DECREE IN DIVORCE t, 2D6J. IT IS ORDERED AND DECREED THAT DAWN A. SCHMIDHUBER , PLAINTIFF, AND CHRISTIAN SCHMIDHUBER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT .. ATTES PROTHONOTARY . 'to:+' 'f:+':+:.:+' :+::+::+' '+' + 'to:+::+' '+' Of:t;'!''+' Of+:+.+:+''f.:+:'f:+''+'+'+' . . . . . . . . J. . . . . . . . . . . . ..+ . . /;? Z ~ i1?7J-A.I JI ~ 'v. -~ So "I_ ~ fP~~-~.~ .5C1.J/.c . ',. .. .... fl\div\SCHMIDHUBER,DAWN-ordertoincorporate DAWN A. SCHMIDHUBER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5545 CHRISTIAN SCHMIDHUBER, Defendant CIVIL ACTION - IN DIVORCE ORDER AND NOW, this ~ day of ~ , 2005, the Custody Agreement for Minor Children between the parties dated June 15, 2005, and attached hereto is hereby incorporated into the Decree in Divorce. BY THE COURT: J. /d.!\,';r" 90 :21 Pc! L - lnr gDaz }'i.i'lWUJUCdd ::JHl :10 3JU,:O-<.ElJl.:J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW Plaintiff , FILE NO. VS. IN DIVORCE a r - cn r- < > C� oc CC:z7 Sir, Ckrt'S4(ar, SCknmialCJ6r >C-, C)-,-, zc7 x- Defendant >4= cv r NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having g(3 D0 been granted a Final Decree in Divorce on the (P day of �u(N t46k hereby elects to resume the prior surname of K b c-K Ao- and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE: 31 I ? 1 o)a (3 Signature Signature of name being resumed PPD t- 53'-� a'ry COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On the ,' day of 20 , before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof,I have hereunto set my hand and official seal. a Notary Public M oCpee�p, 204—MO PA