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HomeMy WebLinkAbout05-4347 Judith M. Kann, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05- 1/.3 tf7 CIVIL TERM Richard W, Kann II, 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 will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 (717) 249-3166 ! Judith M. Kann, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05- '1..3'17 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE Richard W. Kann II, Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Judith M. Kann, an adult individual, currently residing at 365 Carlwynne Manor, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Richard W. Kann II, an adult individual, currently residing at 11 Midland Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on June 26, 1970 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since May 18, 2005 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Respectfully Submitted TURO LAW OFFICES g )/1).:>- Date' / Galen R. Waltz, Esq 28 South Pitt Stre " Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. 94904 relating to unsworn falsification to authorities. l-),~- bJ5 ate \~ CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Complaint in Divorce, upon Richard W. Kann, II, by depositing same in the United States Mail, certified return receipt and Richard L. Webber, Jr., Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the At.( f...{day of {},,~ .".$ f , 2005, from Carlisle, Pennsylvania, addressed as follows: Richard W. Kann, II 11 Midland Road Newville, PA 17241 Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257 TURO LAW OFFIC en R. Waltz, s 28 South Pitt Stre Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 """- " ~ ~ ~ 1\ 1 ~ ~. . 0\ Cf\ \ I:j \~ ,,~ \ ~ c\ ,~ ~ -{'... '-l ~ ~ ~ ~ CJ ~:. ;..r ~ j .-> (c~:)~ SA cP :;-:: 1. -<1 ~_) (11p ---(10:j f'j/ ~;~\~l -:::' :?)~!\ r;-? _C-I f..r\ ~ - Page I of9 MARITAL AGREEMENT j~ 11 THIS AGREEMENT, made this)(, day of ,/TVl~:- -I- ,2005, by and between Richard W. Kann, II, hereinafter referred to as Husband, of II Midland Road, Newville, Cumberland County, Pennsylvania 17241, and Judith M. Kann, hereinafter referred to as Wife, of, Cumberland County, Pennsylvania 17241. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on June 27, 1970, in Newville, Cumberland County, Pennsylvania, with three (3) children having been bom of the marriage, all of whom are now adults; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling some of their respective financial and property rights and obligations as between each other including, without limitation by specification: the equitable division of marital property; and the settling of all matters between them relating to the past, present and future support, alimony and lor maintenance of Wife by Husband or of Husband by Wife. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds, if such grounds exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation, on the part of either party hereto, of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 2 of9 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement may be incorporated into any divorce decree, which may be entered with respect to them. 4. DATE OF EXECUTION The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Richard L. Webber, Jr., Esquire, who is attorney for Husband and who prepared this marital agreement, and Galen Waltz, Esquire, who is attorney for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in 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. 6. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place as they may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment, which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 7. SEPARATION DATE The parties do hereby acknowledge that they separated on May 18, 2005. It is hereby agreed that May 18, 2005, shall be the separation date for purpos'~s of equitable distribution under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless evidenced by written agreement. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 3 of9 This Agreement shall remain in effect regardless of ,my reconciliation or attempts at reconciliation, unless the parties agree in writing otherwise. 8. MOTOR VEHICLES. TRAILERS A. The parties agree that Wife shall become the sole and exclusive owner of the parties' 2001 Jeep Grand Cherokee motor vehicle. Wife shall be solely responsible for all payments on the automobile loan for the 2001 Jeep Grand Cherokee. B. The parties agree that Husband shall become the sole and exclusive owner of the parties' 1994 Jeep Grand Cherokee motor vehicle and the two (2) utility trailers. The parties agree that no encumbrance exists on the 1994 Jeep Grand Cherokee motor vehicle or the trailers. C. Each party shall simultaneously execute title certificates to transfer the vehicles and trailers as set forth above. 9. PERSONAL PROPERTY. A. The parties agree that Wife shall become the sole and exclusive owner of the following items: Baskets - All Longenberger dishes and supplies L.R. furniture and accessories Benches Birdhouses Mixer All Home and Garden dishes All Blue Spongewear and green bowl Yankee candles and wax candles Pampered Chef baskets Wire basket hanger Bakers rack Pampered Chef utensils Figurines Stuff in cupboard Stoneware Bureau for trailer Red lawn tractor 16-speed mountain bike Wife shall make satisfactory arrangements with one of more of the parties' children to retrieve these items. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 4 of9 B. Husband and Wife do hereby acknowledge that with the exception of the items specified in Paragraph A they have previously divided their tangible personal property, including but not limited to jewelry, clothes, furniture, furnishings, rugs, I~arpets, household equipment and appliances, vehicles, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. 10. AFTER-ACQUIRED PERSONAL ))ROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose ofthe same as fully and effectively, in all respects and for all purposes, as though he or she were not married. 11. REAL ESTATE The parties hereto acknowledge and agree that they are owners of real estate with improvements thereon known as II Midland Road, Newville, Cumberland County, Pennsylvania, and more specifically described in Cumberland County Deed Book 224, at Page 1038, and Book 145, at Page 569. For and in consideration of the mutual covenants and agreements herein contained in the body of this instrument, Husband and Wife further stipulate and agree that said real estate shall be retained by Husband. Simultaneously, with the signing of this Agreement, Wife shall execute a Quitclaim Deed to Husband for each tract. Husband shall assume full responsibility for the HSBC Mortgage Services mortgage that encumbers the real estate. Husband shall pay all taxes, insurance, municipal services, and any other services related to the real estate. Husband shall hold Wife harmless for all liability of claims thereto. Husband shall hold Wife harmless for all current HSBC Mortgage Service debts and all future debts for the real estate as well as any short falls that may occur in the event the II Midland Road, Newville, Pennsylvania property is sold. In consideration of signing all real estate documents over to Husband, Husband shall execute the necessary waiver and consent divorce forms upon the expiration of the 90-day waiting period from the filing of the divorce complaint. WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 5 of9 12. WAIVER OF SPECIFIED CLAIMS BY WIFE Wife hereby waives any and all right to claim any interest or share in Husband's employee benefits. 13. WAIVER OF SPECIFIED CLAIMS BY HUSBAND Husband hereby waives any and all right to claim any interest or share In Wife's employee benefits. 14. FUNDS ON DEPOSIT AT BANKS OR FINANCIAL INSTITUTIONS The parties have previously divided their cash assets. 15. WARRANTY AS TO EXISTING OBLIGATIONS A. The parties agree that Wife shall be responsible: for the following debts incurred during the marriage to Husband: I. Direct Merchants Bank credit card; 2. Discover credit card; 3. JC Penney's charge card; 4. Bon Ton charge card; and 5. Fifty (50%) percent of the Direct TV account. B. The parties agree that Husband shall be responsible for the following debts incurred during the marriage to Wife: I. Lowes credit card; 2. HSBC Mortgage Services mortgage; and 3. Fifty (50%) percent ofthe Direct TV account. Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate ofthe other party may be responsible or liable except as may be provided for in paragraphs A and B above. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 16. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 6 of9 otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur a liability whatsoever for which the estate of the other may be liable. 17. LEGAL FEES Each party shall pay their own costs and attorney fees. 18. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the: breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter a(:quire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 19. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof 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. 20. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, within seven (7) days of receiving notice, take any and all steps and execute, acknowledge and deliver to the other party any and all future instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. WEIGL.E & ASSOCIATES. PC. ~ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1.397 Page 7 of9 21. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 22. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 23. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF ALIMONY AND OTHER RIGHTS The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorc:e Code, Action of April 2, 1980, Number 1980-26, as amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and except as specifically provided for in this agreement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subjec:t to any claim whatsoever by the other party. 25. FINANCIAL DISCLOSURE The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 26. ENTIRE AGREEMENT 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. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SH1PPENSBURG. PA 17257-1397 . Page 8 of9 27. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unkss and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. SEVERABILITY 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 provisions 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 her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 29. HEADINGS NOT PART OF AGID:EMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 30. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully eXplained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: 72~ l' ~/A. / iu-l:l /Jm~7 # ~lV\~~\}) ~ Richard W. Ka ,II .~ m. /~tv>-/ dIth M. Kann WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 . Page 9 of9 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND 1-" On this, the J to day of r7.ud ,2005, before me a Notary Public, the undersigned officer, personally appeared R. hard W. Kann, II, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand imd seal. <- PdiU tiLt' Xi 0rLP (SEAL) NOTARIAL SEAL PATRICIA l TOME Notary Public SltF'PENSaJRGBalOJGH. a..MlERLANOOOUNTY My Commission Expl'... Jun 7. 2008 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the 3.:1 t), day of fl ~..j. "J ,2005, before me a Notary Public, the undersigned officer, personally appeared (lith M. Kann, knm'ITI to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ()VYLO (l &Iit&:[;/y' (/' '--' -<SEAr,) '. ....<:',;: NOllIIIIW. M. .-:AA.1lO( In lUll I NalaIy NIle <:MUll, MlIIClJSIl CIfJIII" MlDCCUIIY ... c.... ........ OM: 22. 20llI WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STI~EET - SHIPPENSBURG, PA 17257-1397 1MI Ma,OM ii'tMI1IJIl:lOlt A ":IIR" -~......... n .""yJ(lHA'''''''' KilUOlIOt t.-.:J f'()!h S,:.>eQ ""*'" _,00;)" () '" c:::') 0 ::- c:.:.) <-~ " r::J =2::'1 r,--t C'-) n'lp::- '" TlrT1 ,-.,.") c, :.;!) . . :~ --'I: T, ~ ':.~? (~~ I,) :.-rn ~) ) ;:;~ (n ~J:J v' -< II " Judith M. Kann, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-4347 CIVIL TERM Richard W. Kann II, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under S (3301 (c)) of the Divorce Code. 2. Date and manner of service of the complaint: Certified, Returned Receipt mail delivered on or about August 26, 2005 . 3. Date of execution of the Affidavit of Consent required by S3301(c) of the Divorce Code. By Plaintiff: December 5,2005 By Defendant: December 16, 2005 4. Related claims pending: None. Date the Waiver of Notice in S3301(c) divorce was filed with the Prothonotary: By Plaintiff: December 20, 2005 By Defendant: December 20, 2005 / ~ . Glen R. Waltz, EsqUIre Attorney for Plaintiff / r--> -= C':;'> ul o rrl ...-) '" CJ o -., ~ n,-n .- :qfTI ".>0 C.) L ___~{J ~5:rl :_-0 (j.m 3>! OD -< -0 r::> U1 CJ"j . ~ II , Judith M. Kann, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-4347 CIVIL TERM Richard W. Kann II, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Complaint in Divorce filed in the above captioned case upon Richard W. Kann II, by certified mail, return receipt requested on August 24, 2005 addressed to: Richard W. Kann, II 11 Midland Road Newville, PA 17241 and did thereafter receive same as evidenced by the attached Post Office receipt card dated August 26, 2005. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES ~b%s: Date' , ~:'" en R. W,!ltz, s 28 South Pitt Str Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff . II . Complete items 1, 2, and 3. Also complete ttem 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can retum the card to you. . Attacl1!llls card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: RlClUrcl W Kczn(\,J[ \ I (r1idtand k!.oad ~0J\\\~ \ V(\ n3L.[ ( DAgen! o Addressee C. Date of Delivery ?-,(~ -05 D. Is delivery address different from Item 1? 0 Yes If YES. entor delivery address below: 0 No 3. Service Type '!1Certlfted Mall o Registe~ad o Insured Mail o Express Mall ....EI:Retum Receipt for Merchandise o C.O.D. 4. Restricted [)elivery? (Extra Fee) Dyes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7001 2510 0009 2827 794b Domestic Return Receipt 102595..Q2.M-1540 t ~. '" ~~ >, r-~1- ,'--J :~. ;~ ;-:~'\ C) --n --\ ~_-'::'-n rn(:~ '"'0 \__~,~ ;<'I' ~;~ ("'"~ {.~t~ .~~~;-n " :':';:: ~~ <.-) f".j CJ "0 :::l:: r:'? en c,', il Judith M. Kann, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-4347 CIVIL TERM Richard W. Kann II, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S3301 (c) of the Divorce Code was filed on August 24, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. S4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. /.:1, Is je ~- Date o \--:: ,..., C? ~ C? \4..... " r-.> o /~ -;'} :'1..: o -n ::? f{1~ -i..i~ ~,~, ......1 (52) .-,~I -T. -'C-n j~2(") ->.')nl :::::.\ -~ ~~ :.< t;? Ul C'--; II Judith M. Kann, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-43.47 CIVIL TERM Richard W. Kann II, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (f,) 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 right~; 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THJ\T FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. fd-5-/~6- Oat (lAl ,LLA IYl ~h M. Kann y'f/,A\~- , .1 o ~~ ....., = ~ eJ"' c:> pi n 1',) o o -n ~.." n1p: ~nt!.\ ~:'l"'r C)<:.J ::-j1 ::r~ '(7":!..J ~,"~ C'y /'.,11 () --l "'"r;". ~ -0 ."~;.,.. -'- N ., v" Cf\ JUDITH M. KANN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, NOQf-4347 CIVIL TERM RICHARD W. KANN, II Defendant IN DIVORCE AFFIDAVIT OF CONSEN1: 1. A Complaint in Divorce Under S 3301(c) of the Divorce Code was filed on August 24, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry ofthe decree. I verify that the statements made in this affidavit are tme and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Dated: ~~~I?'- OS ~~"f).M~~IJ--\ ~ \\ Richard W. Ka n II, Defendant n C: -.- ': ,..., = <""-" en o rei ,J N Cl :::; ...;."'* o -n ---I :r:, -n r;'p ",'" -,,0 ;:'"'ll. , (' ....1"- - -0. -ri -.-n <~O O-tT\ ~ ;E- ~ r:-;> <.n cr, - JUDITH M. KANN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.05'-4347 CIVIL TERM RICHARD W. KANN, II Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND & 3301(d) OF THE DIVORCE CODE I. 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. 94904 relating to unsworn falsification to authorities. Dated: l2::J(o- OS R'f'~.f}~ ~ Richard W. Ka ,II. Defendant o (~~ '" C~;) ~:;:; o "I, :;:1..." rnp -ern ~'-lC' -'~ I :;:j~? ..~~-n '~;;o ;:")cn ~~ .....J -<; <::J f1, " N o 22 -'.. r:\' cn cr', ?~~~~~~~~~+~~~ ~~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + <+ + + + + + + + + + + + + + + + + + , , + + + , + + + + + + , + + + + + + + + + + + + + + + + + + + + + + + + + + + + +et et et Of "" "" ~++++~++++~+++++++~++~++++++""+++++++.+~+++~~~++++.+++++++++++~ , + + + + + + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Judith M. Kann Plaintiff No. n<; 4<47 VERSUS Ri~h:=trn W J{;:r,nn , TT Defendant DECREE IN DIVORCE AND NOW, ~ cV13:S5,,1/If . ")7 2005 , IT IS ORDERED AND DECREED THAT Judith M. , PLAINTIFF, Kr.lnn AND Richard W. Kann II , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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 Separation and Property Settlement Agreement is incorporated herein but not merged in the Div ecree. Am'(!~~ { - PROTHONOTARY +. +. +'++Of++~+Of++++++++++++~~~+'+++++++++++++++~~+++++++ +++++++++++++++ + + + + + + + , + + , , + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + , + + + + + + + + + + + + + + + + + + + + + J. + , + + + + + + + + + + + + + + ,+ 'V::?''f3\'7'cl /..t+tl ofJ>37'e...... :JJ.tj-t:7cy ~ ~t(j 9t rrJ l~W tel.." --p3(7 -x; I q/I . . . ..- . - ~ . . _' J. -'