HomeMy WebLinkAbout05-1501
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLANDCOUNTY, PENNSYLVANIA
: NO. DS - Ko/ C~u~L"t-&e...~
NANCY LOU KUHN,
Plaintiff
TONY LEROY KUHN,
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 in 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
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania.
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 ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE
MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELEGlBLE PERSONS AT A REDUCED
FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, P A 17013
Telephone: (717) 249-3166
A VISO
USTED HA SIDO DEMANDADOfA EN CORTE. Si usted desea
defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe
tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta
Demanda y A viso radicando personalmente 0 por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes
a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de
tomar accion como de describe anteriormente, el caso puede proceder sin usted y un fallo
por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclarnacion 0
remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin
mas aviso adicional. U sted puede perder dinero 0 propiedad u otros derechos importantes
para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A
LA SIGUlENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION
A CERCA DE COMO CONSEGUIER UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN
ABOGADO, ES POSlBLE QUE EST A OFICINA LE PUEDA PROVEER
INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN
CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
NANCY LOU KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY, PENNSYLVANIA
v.
: NO. OS - Ka/
C'v~L '--rtfl-VVl
TONY LEROY KUHN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
I. The Plaintiff is Nancy Lou Kuhn, an adult individual currently
residing at 204 West First Street, Boiling Springs, Cumberland County, Pennsylvania,
17007.
2. The Defendant is Tony Leroy Kuhn, an adult individual residing at 204
West First Street, Boiling Springs, Cumberland County, Pennsylvania. 17007.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on June 23, 1990, in Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the
parties in this or any other jurisdiction.
6. This action is not collusive.
7. Plaintiff and Defendant have lived separate and apart within the same
household since on or about March 13,2005.
8. The causes of action and sections of the Divorce Code under which
Plaintiff is proceeding are:
A. Section 3301(c) - The marriage ofthe parties is irretrievably
broken.
B. Section 3301(d) - The marriage of the parties is irretrievably
broken. The parties separated on or about March 13,2005.
9. Plaintiff and Defendant have one child under the age of eighteen,
namely Dakota Lee Kuhn, born February 22, 1991.
10. Plaintiff has been advised of the availability of marriage counseling
and understands that she may request that her spouse and she participate in counseling.
11. Plaintiff does not request that the Court require that her spouse and
she participate in counseling prior to a divorce decree being handed down by this Court.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter
a final decree in divorce.
COUNT I
EQUITABLE DISTRIBUTION
12. Paragraphs one through eleven are incorporated herein by reference.
13. During their marriage, Plaintiff and Defendant have acquired various
items of marital property, both real and personal, which are subject to equitable
distribution under Sections 3501 et.seQ. of the Divorce Code of 1980.
WHEREFORE, Plaintiff respectfully requests this Honorable Court
equitably distribute all marital property, both real and personal, owned by the parties.
Date: d /17 /oS
/ 1-
Respectfully submitted,
THE LAW OF ICES OF
SILLIKER & E LD
,C. R. R,;o"o'< E,qO;:
592~ Unglestown Road
Harrisburg, PAl 71 12
(717) 671- 1500
J.D. No. 57911
Attorney for Nancy Lou Kuhn
AFFIDAVIT
I, ~rl fie '-I k,,-...hn , hereby certify that the aforegoing is 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. 4909 relating to
unsworn falsifications to authorities.
Dated:
..3\11 \7.005
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NANCY LOU KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-1501 CIVIL TERM
TONY LEROY KUNN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
The undersigned, Renee Dreisbach, hereby certifies that copy of a
Complaint in Divorce was served upon Tony L. Kuhn, on March 25, 20 5, by certified
mail, return receipt requested, addressed as follows:
Tony L. Kuhn
204 West First Street
Boiling Springs, PA 17007
I hereby certify that the aforegoing is true and correct to he best of my
knowledge, information and belief. I understand that false statements h~rein are made
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subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsificftion to
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authorities.
Date: 3/3D16
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front jf space permits.
1. Article Addressed to:
ddressee
SENDER COMPLETE THIS SECTION
D. Is delive address different from item ?
If YES, enter delivery address below:
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4. Restricted Delivery? (Extra Fee)
2. Article Number
(Transfer from service label)
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NANCY LOU KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
: No. 05-1501 CIVIL TERM
TONY LEROY KUHN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on March 21, 2005.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
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. S
4904, relating to unsworn falsifications to authorities.
Date:
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NANCY LOU KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 05-1501 CIVIL TERM
TONY LEROY KUHN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
I. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the Decree will be sent to me immediately after it
is filed with the Prothonotary.
I verifY that the statements made in this Affidavit are true and correct. 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.
/Nr~qJ.~h
N cy L uhn
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NANCY LOU KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 05-1501 CIVIL TERM
TONY LEROY KUHN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on March 21, 2005.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
I verifY that the statements made in this Affidavit are true and correct. r
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S
4904, relating to unsworn falsifications to authorities.
Date: q - /d-. - O,S;
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NANCY LOU KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
: No. 05-1501 CIVIL TERM
TONY LEROY KUHN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
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 in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the Decree will be sent to me immediately after it
is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. 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.
Tony
Date:
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MARRIAGE SETTLEMENT AGREEMENT
By and between
Nancy Lou Kuhn
-AND-
Tony Leroy Kuhn
C" ~
Dated: )0.0 C\iV"\ \~
.,
\ -:l , 2005
INDEX
PAGE
1. Divorce and Separation.............................................................................................4
2. Division of Property...................................................................................................4
3. Child Custody.............................................................................................................8
4. Income Tax Prior Returns.........................................................................................9
5. Transfer Subject to Liens..........................................................................................9
6. Complete Listing of Property ....................................................................................9
7. Equitable Distribution of Property..........................................................................l0
8. Relinquishment of Ownership..................................................................................1 0
9. After-Acquired Property...........................................................................................10
1 O. Debts............................................................................................................................1 0
11. Bankruptcy.................................................................................................................12
12. Health Insurance........................................................................................................13
13. Alimony .......................................................................................................................13
14. Full Disclosure............................................................................................................13
15. Releases.......................................................................................................................13
16. Indemnification..........................................................................................................14
17. General Provisions.....................................................................................................15
18. Fair and Equitable Contents.....................................................................................15
19. Breach.........................................................................................................................15
20. Independent Separate Convenants..........................................................................16
21. Void Clauses..............................................................................................................16
22. Execution of Documents...........................................................................................16
23. Applicable Laws........................................................................................................16
24. N on-Merger...............................................................................................................16
25. Disclosure and Waiver of Procedural Rights.........................................................16
26. Tax Advice.................................................................................................................18
27. Representation of Parties.........................................................................................18
Signature Page...........................................................................................................19
Acknowledgement Page............................................................. ...............................20
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this --!JJL- day of <;~ eL""1 kil(' 2005, by
and between Nancy Lou Kuhn -AND- Tony Leroy Kuhn, at Harrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married
on June 23, 1990, at Cumberland County, Pennsylvania.
WHEREAS, diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Husband and Wife to live
separate and apart for the rest of their natural lives, and the parties desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters between them
relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling
of any and all claims and possible claims by one against the other or against their
respective estates. The parties separated on March 13,2005.
NOW, THEREFORE, in consideration of the aforegoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of the
parties, Wife and Husband, each intending to be legally bound hereby, covenant and
agree as follows:
3
1. Divorce and SeDaration. The parties agree to the entry of a
decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and
Wife shall at all times hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they shall respectively deem fit,
free from any control, restraint, or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the
cause leading to their living apart. A reconciliation will not void the provisions of this
Agreement.
2. Division of ProDertv. Husband and Wife agree that the following
constitutes an equitable distribution of the marital property:
A. The following shall become the sole and exclusive property of
Husband:
1. Husband shall retain any pension plans and/or retirement
plans and/or employee stocks or savings plans, and/or 40lK plans
and/or any and all other employment benefits, which he has
accumulated during the course of his past or present employment.
Specifically, Husband shall be entitled to his Scutter Funds IRA.
2. Husband shall be entitled to sole possession and ownership
of his business, "Kuhn Painting". Wife hereby waives any right,
title, or interest which she may have unto this business entity. The
4
parties further agree that the Husband shall be responsible for payment
of all taxes and loans related to "Kuhn Painting" for the tax year of 2005
and every year thereafter.
3. The parties acknowledge that they are owners by the
entirety of real estate located at 204 West First Street, Boiling
Springs, Cumberland County, Pennsylvania, which is encumbered
by a first mortgage with Countrywide Home Loans in the amount
of $ ) 03,694 as of March 3, 2005, and a second mortgage as of April 4,
2005. The parties hereby agree that Husband shall be entitled to
reside in the marital home until the parties' son Dakota Lee Kuhn,
born February 22, ] 99], turns] 8 and graduates from high school,
whichever is later. While Husband is residing in the marital home,
he shall be solely responsible for the timely payment of all
principal, interest, and other fees due under the first and second mortgage
as well as any and all costs or liabilities attributable to maintaining
the real estate including but not limited to all real estate taxes,
water and sewer rents, gas electric, homeowners insurance, and
maintenance expenses and repairs. Upon Dakota Lee Kuhn reaching
the age of ) 8 and graduating from high school, the parties agree that
the real estate shall be listed for sale immediately, and shall be sold. Any
net proceeds derived from said sale shall be solely the property of the
Husband. In the alternative, at Husband's
5
choice, he shall refinance both the first and second mortgage or
obtain Wife's release from those mortgage obligations within 90
days of the date of Dakota Lee Kuhn turning 18 and graduating
from high school, whichever event is later. Upon successful
refinance or Wife's release from both mortgage obligations, Wife
shall sign a Deed transferring all of her right, title, and interest to
the real estate unto Husband. In the event Husband chooses to
retain the real estate, Husband shall be entitled to 100 percent of
the equity which exists in the real estate at the time of his refinance
of the mortgages. In the event that the marital home has not been
sold within 90 days of Dakota Lee Kuhn reaching age 18 and
graduating from high school or both mortgages have not been
refinanced within six months of the date of Dakota Lee Kuhn
reaching age 18 and graduating from high school, the parties agree
that Husband shall be solely responsible for making timely
monthly payments on the second mortgage with Homecomings
Financial, in addition to making the timely monthly mortgage
payments on the first mortgage with Countrywide Home Loans
until either the sale of the real estate has been completed and both
mortgages have been satisfied, or until both mortgages have been
refinanced or Wife's release has been obtained on both the first
and second mortgages.
6
4. Husband shall be entitled to possession and ownership of
the 1993 Dodge Caravan and the 2002 Saturn Vue, subject to any
and all encumbrances and liens. Specifically, the parties agree that
Husband shall pay off the automobile loan which is in both parties'
names relative to the 2002 Saturn Vue within 60 days of the date
of this Agreement. In the event Husband does not pay off the
automobile loan relative to the 2002 Saturn Vue, the parties agree
that the 2002 Saturn Vue shall be sold and the automobile loan
satisfied from the proceeds. In the event there is any deficiency in
that the net proceeds from the sale of the Saturn Vue do not fully
satisfy the automobile loan, Husband shall be fully liable for the
deficiency which shall be paid immediately following the sale.
B. The following shall become the sole and exclusive property of Wife:
1. Wife shall retain any pension plans and/or retirement plans
and/or employee stocks or savings plans, and/or 40 I K plans and/or
any and all other employment benefits, which she has accumulated
during the course of her past or present employment. Specifically,
Wife shall be entitled to her Scutter Funds IRA, 40 I (k) plan with
Marsh & McLennan Company, and her Defined Benefit plan with
her current employer.
7
3. Wife shall be entitled to possession and ownership of the
1996 Chevrolet Blazer, subject to any and all liens and
encumbrances.
4. Wife shall be entitled to possession and ownership of the
1973 Super Beetle.
C. All personal property in the possession of each party as of the date of
execution of this Agreement shall remain the sole and separate property of each party
respectively.
D. The parties acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and other sources of income and
based thereon they mutually agree that the property listed above constitutes the entire
marital property.
3. Child Custody and SUDDort. The parties hereby acknowledge
that they are the natural parents of one minor child, namely Dakota Lee Kuhn, born
February 22, 1991. The parties agree that they shall equally share physical and legal
custody of the subject minor child.
The parties agree that neither parent shall be entitled to child support from
the other regardless of the custody schedule being exercised. The parties further agree
that each shall be responsible for the support and maintenance of Dakota while he is in
their respective households and that they shall equally divide any costs associated with
his schooling and extra-curricular activities, as well as any uncovered medical and dental
8
expenses.
4. Income Tax Prior Returns. The parties have heretofore filed
joint federal and state tax returns, Both parties agree that in the event any deficiency in
federal, state or local income tax is proposed, or any assessment of any such tax is
made against either of them, each will indemnify and hold harmless the other from and
against any loss or liability for any such tax deficiency or assessment and any interest,
penalty and expense incurred in connection therewith, Such tax, interest, penalty or
expense shall be paid solely and entirely by the individual who is finally determined to be
the cause of the misrepresentations or failures to disclose the nature and extent of his or
her separate income on the aforesaid joint returns, Specifically, it is agreed that
Husband shall be solely responsible for any and all taxes which he owes relative to his
ownership of "Kuhn Painting" in 2005 and in every year thereafter. The parties further
agree that they shall alternate years in claiming the subject minor child as a dependent
on his or her federal and state income tax returns. Husband shall be entitled to claim
Dakota as a dependent for 2005.
5. Transfers Subiect to liens. Notwithstanding any other proviSions
in this document all property transferred hereunder in subject to the existing lien or
liens set forth above. The respective transferee of such property agrees to indemnify
and save harmless the other party from any claim or liability that such other party may
suffer or may be required to pay on account of such lien or encumbrance,
6. Complete listina of Property. The parties represent and warrant
to each other that the property described in this Agreement represents all of the property
in which they have the right, title and interest, and that such property is subject to no
mortgage, pledge, lien, security interest, encumbrance or charge except those which are
disclosed herein.
9
7. EQuitable Distribution of Property. By this Agreement, the
parties have intended to effect an equitable distribution of their jointly owned property.
The parties have determined that an equitable division of such property conforms to a
just and right standard, with due regard to the rights of each party. The division of
existing marital property is not intended by the parties to constitute in any way a sale
or exchange of assets, and the division is being effectuated without the introduction of
outside funds or other property not constituting a part of the marital estate. It is the
intention of the parties to treat all transfers of property herein as non-taxable.
8. RelinQuishment of Ownership. Except as provided herein,
Husband forever relinquishes any right or interest he may now or hereafter have in any
assets now belonging to Wife, and Wife forever relinquishes any right or interest she
may now or hereafter have in any assets now belonging to Husband.
9, After-AcQuired Property. Each of the parties shall hereafter own
and enjoy independently of claim or right of the other, all items of property, be they real,
personal or mixed, tangible or intangible, which are hereafter acquired by him or her,
with full power in him or her to dispose of the same as fully and effectively, in all
respects and for all purposes as though he or she were unmarried.
10. Debts.
A. Husband and Wife agree to be responsible for the joint debts of
the parties as fOllows: Husband shall be solely responsible for timely payment of the
Countrywide Home Loans first mortgage, account number 049749042 until the marital
home is sold or the mortgages are refinanced as more fully set forth in paragraph 2(A)(3)
of this Agreement. Husband shall be solely responsible for the timely payment of the
Homecomings Financial second mortgage, loan number 0300204146, until the marital
home is sold or the mortgages are refinanced as more fully set forth in paragraph
2(A)(3). 10
The parties acknowledge that there are two outstanding credit card bills in
joint names which were incurred during the marriage, namely, MBNA America, account
number 4313080J 1000 with a balance of Eleven Thousand five hundred forty-seven
dollars and fifty cents ($11,547.50) as of April 12, 2005, and American Express credit
card account number 3725-257110-21002 with a balance of Thirteen Thousand five
,
hundred ten dollars and sixty-five cents ($13,510.65) as of April 3, 2005. The parties
agree that Wife shall be solely responsible for the balances of both credit cards.
The parties further agree that they shall each be responsible for the
balances of any additional credit cards held in their name alone. Specifically, Wife shall
be responsible for the following credit cards: Fashion Bug, Wells Fargo, American
Eagle, Capital One, Value City Fumiture, Sears, Lowes, Gap/Old Navy, Neytcard, and
Walmart. Husband shall be responsible for his the following credit cards: MBNA,
Discover, GE Capital, and BankOne. Wife shall be solely responsible for the automobile
loan associated with her 1996 Chevrolet Blazer.
B. All debts, contracts, obligations or liabilities incurred at any
time in the past or future by either party will be paid promptly by said party, unless and
except as othelwise specifically set forth in this Agreement; and each of the parties hereto
further promises, covenants and agrees that each will now and at all times hereafter save
II
harmless and keep the other or his or her estate indemnified and save harmless from all
debts or liabilities incurred by him or her, as the case may be, and from all actions, claims
and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party
shall, as of the date of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall indemnifY and save
harmless the other from any and all claims or demands made against him or her by reason
of debts or obligations incurred by him or her and from all expenses, legal costs, and
counsel fees unless provided to the contrary herein.
11 Bankruptcv or Reorl!:anization Proceedinl!:s. The parties
acknowledge that Husband and Wife's obligation to make the payments defined in this
Agreement shall not be subject to termination, discharge, or discontinuance in
bankruptcy, or for any other reason or by any Court or tribunal. Should Husband or Wife
pursue an action in bankruptcy and be successful in extinguishing his or her obligation to
pay any debts for which he or she has assumed sole obligation as set forth herein, he or
she shall immediately be obligated to pay alimony to the other party in an amount equal
to the monthly obligation on such debts that he or she otherwise had assumed and for
which he or she had taken sole obligation and responsibility, plus an additional 15
percent in consideration of the tax consequences associated with receipt of alimony.
Implementation of the alimony award shall be made through the appropriate Domestic
Relations support office with the Court of Common Pleas of the appropriate jurisdiction
as Husband or Wife may select.
1:2.
12. Health Insurance, The parties mutually agree that Wife shall
maintain Husband on her health insurance through her employment until a Divorce
Decree is issued by a Court of Law.
13. Alimony. The parties mutually agree to forego or waive any right
to alimony, alimony pendente lite, and spousal support,
14. Full Disclosure, The respective parties do hereby warrant,
represent and declare that he and she have made a full and complete disclosure to the
other of all assets of any nature whatsoever in which such party has an interest and any
further enumeration or statement thereof in this Agreement is specifically waived. Each
party agrees that he or she shall not at any future time raise such a defense or otherwise
the lack of such disclosure in any legal proceeding involving this Agreement with the
exception of disclosure that may have been fraudulently withheld.
15. Releases. Each party does hereby remise, release, quitclaim and
forever discharge the other and the estate of the other from any and every claim that
each other may now have, or hereafter have or can have at any time, against the other,
or in and to or against the other's estate, or any part thereof, whether arising out of any
former contracts, engagements or liabilities of the other, or by the way of dower or claim
in the nature of dower, widow's rights, or under the interstate laws, or the right to take
against each other's will, or for support or maintenance, or of any other nature
whatsoever, except any rights accruing under this Agreement or as otherwise
stated in this Agreement.
13
1 '" Indemnification. Each party represents and warrants to the other
that he or she has not incurred any debt, obligation, or other liability, other than described
in this Agreement, on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold
the other party liable for any other debts, obligations, liability, act or omission of such
party, such party will at his or her sole expense, defend the other against any such claim
or demand, whether or not well-founded, and that he or she will indemnity and hold
harmless the other party in respect of all damages as resulting therefrom. Damages as
used herein shall include any claim, action, demand, loss, cost, expense, penalty, and
other damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any
inaccurate representation made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of the warranties made by Husband or Wife to the other in
this Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened or instituted against
either party which might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
Pi
]~ General Provisions. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior agreements and negotiations
between them. There are no representations or warranties other than those expressly set
forth herein.
IB Fair and Equitable Contents. The provisions of this Agreement
and their legal effect have been fully explained to the parties by their respective counsel.
Each party acknowledges that he or she has received independent legal advice from
counsel of his or her selection and that each fully understands the facts and has been fully
informed as to his or her legal rights and obligations. Each party acknowledges and
accepts that this Agreement is, under the circumstances, fair and equitable, and that it is
being entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
1'1 Breach. It is expressly stipulated that if either party fails in the
due performance of any of his or her material obligations under this Agreement, the other
party shall have the right, at his or her election, to sue for damages for breach thereof, to
sue for specific performance, or to seek any other legal remedies as may be available, and
the defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
15
2 0 Independent Separate Covenants. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed
to be a separate and independent Agreement.
2 I Void Clauses. If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that term, condition, clause 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.
2,2, Execution of Documents. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out the provisions of
this Agreement.
23 Applicable Law. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
24 Non-Mere:er. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shall survive such decree and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
enforcement only into any Decree in Divorce which may be entered with respect to the
parties, but shall not be deemed to have been merged with such Decree.
~ Disclosure and Waiver of Procedural Rie:hts. Each party
understands that he or she has the right to obtain from the other party a complete
Inventory or list of all property that either or both parties own at this time or owned as of
1~
the date of separation, and that each party has the right to have all such property valued
by means of appraisals or otherwise. Both parties understand that they have the right to
have court held hearings and make decisions on the matters covered by this Agreement.
Both parties understand that a court decision concerning the parties' respective rights and
obligations might be different from the provisions of this Agreement.
Each party acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue influence exercised by either
party upon the other or by any other person or persons upon either party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital
and non-marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an Income and Expense Statement of the other
party as provided by the Pennsylvania Divorce Code.
c. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of
Civil Procedure.
e. The right to have the Court determine which property is marital
and which is non-marital, and equitably distribute between the parties that
property which the Court determines to be marital, and to set aside to a
party that property which the Court determines to be that party's non-
marital property.
1'1
f. The right to have the Court decide any other rights, remedies,
privileges, or obligations covered by this Agreement and/or arising out of
the marital relationship, including but not limited to possible claims for
divorce, child or spousal support, alimony, alimony pendente lite,
equitable distribution, custody, visitation, and counsel fees, costs and
expenses.
2 (p Tax Advice. Both parties hereto hereby acknowledge and agree
that they have had the opportunity to retain their own accountants, certified public
accountants, tax advisor, or tax attorney with reference to the tax implications of this
Agreement. Further, neither party has been given any tax advice by their respective
attorneys. Further, both parties hereby acknowledge that they have been advised, by their
respective attorneys, to seek their own independent tax advice by retaining an accountant,
certified public accountant, tax attorney, or tax advisor, with reference to the tax
implications involved in this Agreement. Further, the parties acknowledge and agree that
their signatures to this Agreement serve as their acknowledgement that they have read
this particular paragraph and have had the opportunity to seek independent tax advice.
2'1 Representation of Parties. The parties have mutually worked out
the terms of this Marriage Settlement Agreement. Wife has been represented by
Kristin R. Reinhold, Esquire. Husband has been advised of his right to retain an
independent counsel to represent him in this matter, however, being so advised that he is
entitled to independent legal counsel, he hereby waives his right to the same.
18
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
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On this L~ay of "Jy \' "~/2005, before me Subscriber, a
Notary Public, for the Commonwealth fPennsylvania, carne Nancy Lou Kuhn, known
to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement
Agreement.
Witness my hand and Notarial seal, the ayand
,UMMOIWIEAUrl OF ~Li"'~L,.",;, ('\\
, NOTARIAL SEAL . I
D EDWARDS Notary Public ,
~~~~LOf Carlisle, cumbeArla~~3Co2(;'~ \
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My Commission Expires:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
On this klday Of~, 2005, before me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came Tony Leroy Kuhn, known
to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement
Agreement. _
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OMMONWEAUH 0; "S:'he,"" ,,'..
, ' NOTARIAL SEAL .
D EDWARDS Notary Public
APRil . , C' b land County
Boro of Carlisle, urn eApr '1 23 2006
My C~ion E'P.!!~_. rI ,
Witness my hand and Notarial seal, the day and year aforesaid.
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NANCY LOU KUHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-1501 CIVIL TERM
v.
CIVIL ACTION - LAW
IN DIVORCE
TONY LEROY KUHN,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court
for entry of a Divorce Decree:
(X) 3301 (cl 03301 (d) of the Divorce Code. (Check applicable section.)
1. Ground for divorce: irretrievable breakdown under Section
2. Date and manner of service of the Complaint: March 25,2005, by
Certified Mail.
3. complete either (a) or (b).
(a) Date of execution of the Affidavit of Consent required by
Section 330l(c) of the Divorce Code: September 12,2005 by Plaintiff, September 12,
2005 by Defendant.
(b) (1) Date of execution of the Plaintiff s Affidavit required by
Section 330l(d) ofthe Divorce Code:
(2) Date of service of the Plaintiff s Affidavit upon the
between the parties shall be incorporated, but shall not merge with the final Decree in
4. Related claims pending: The Marriage Settlement Agreement
Defendant:
Divorce.
5. Complete either (a) or (b).
Praecipe to Transmit Record, a copy of which is attached:
(a) Date and manner of service of Notice ofIntention to File
filed with the Prothonotary: September 16, 2005.
(b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce Was
filed with the Prothonotary: September 16, 2005.
Date Defendant's Waiver of Notice in ~330I(c) Divorce Was
6. Social Security Numbers:
(a) Plaintiff: 159-56-5568
(b) Defendant: 210-40-3339
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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PENNA.
STATE OF
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NANCY LOU )tURN,
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Plaintiff
NO,
05-1501 Civil Term
VERSUS
TONY LEROY ImR~,
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Defendant
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DECREE IN
DIVORCE
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AND NOW,
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DECREED THAT
Nancy Lou lKuhn
, PLAINTIFF,
Tony Leroy lKuhn
AND
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
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BEEN RAISED OF REC01D i!; THIS ACTION FOR WHICH
YET BEEN ENTERED; W~
The Marriage Settlement Agreement between
A FI NAL ORDER HAS NOT
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incorporated but shall not merge w~th
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By THCCOURT:~,' ~
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PROTHONOTARY
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