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HomeMy WebLinkAbout05-4461LAUREN N. KUNKLE, PLAINTIFF V. KENNETH I.KUNKLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS - 'q`fLoI e? ??C`-rte CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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, Cumberland County Courthouse, Carlisle, Pennsylvania, 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 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing of business before the Court. SMICEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire to #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street, P Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Ismiy_Iosasllp.com ide nr nel!msasl l cons Attorneys for Plaintiff LAUREN N. KUNKLE, PLAINTIFF V. KENNETH I. KUNKLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. DS - 'Y Y?nl l_iviL? l CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Lauren N. Kunkle, by and through her attorneys, SMICEL, ANDERSON & SACKS, LLP and represents as follows: COUNTI DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Lauren N. Kunkle, who currently resides at 1246 Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 and has resided there since on or about - 1 - April 2005. 2. Plaintiffs Social Security No. is 203-64-2159, 3. Defendant is Kenneth L Kunkle, who currently resides at 31 North Conley Lane, Etters, York County, Pennsylvania 17319 and has resided there since on or about October 2003. 4. Defendant's Social Security No. is 208-64-9956. 5. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 6. The Plaintiff and Defendant were married on March 20, 2002, at Harrisburg, Pennsylvania. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff avers that there are children of the parties under the age of 18, namely: Alexa Nicole Kunkle, born July 31, 2002 and Ashlyn Kay Kunkle, born November 3, 2003. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT II EQUITABLE DISTRIBUTION 11. Plaintiff repeats and realleges the averments of paragraphs 1 through 10 which are incorporated by reference herein. 12. Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by this Court. -2- WHEREFORE, Plaintiff requests this Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. Date: -612-S-0 SMIGEL, ANDERSON & SACKS, LLP By: C?) b"Q L oy igel, Esquire I.D. #: 09617 7 . Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff -3- I, Lauren Kunkle, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: p ZS °S ?2JZ? ?/JtA' an Kunkle ? ? o ? w `? C ? _` p C C C 0 ? ? ? ? b ?` C7 "' i7 .. --? ? ??, ,«-, ;tea , Y w ?:> r, _,; ?., LAUREN N. KUNKLE, PLAINTIFF V. KENNETH I. KUNKLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4461 CIVIL TERM CIVIL ACTION - DIVORCE RETURN OF SERVICE On the ? 0,Wday of. c > +? ,? 2005, at _ 4,--3 0 o'clock /.m., I, John P. Gaspich, served ?Z???'F L w?C- with the foregoing Complaint Under 3301(c) or 3301(d) of the Divorce Code by: r Z/i ?r--rte To 0,t3, /1 • Cam-.?r /-v .- //-2 /.7CvwE 14 T ? / / 4'z"a ?.t> ???C y :-Cs I verify that the statements in this Return of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: (9- -)-0 - 0-5- P. 4H.?/ Lo ??•vr? ? -J l M r] ? ? ? ?' ? ? o tv ? ??{?;, _?- ? ,. . >;?°. c.? :. =? ?? { c? LAUREN N. KUNKLE, PLAINTIFF V. KENNETH I. KUNKLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4461 CIVIL TERM CIVIL ACTION - DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Lauren N. Kunkle, by and through her counsel, Smigel, Anderson & Sacks, LLP, and files this Petition for Special Relief and in support thereof avers as follows: Petitioner is Lauren N. Kunkle (hereinafter referred to as "Wife") who is the Plaintiff in the above-captioned divorce action and who currently resides at 1246 Cross Creek Drive, Mechanicsburg, Cumberland County, PA and has resided there since on or about April 2005. 2. Respondent is Kenneth I. Kunkle (hereinafter referred to as "Husband") who is the Defendant in the above-captioned divorce action and who currently resides at 31 North Conley Lane, Etters, York County, PA (hereinafter "Marital Home") and has resided there since on or about October 2003. 1 The parties were married on March 20, 2002. 4. The parties separated on or about Apri12, 2005. Wife filed a Complaint in Divorce docketed to the above term and number on August 29, 2005. 6. The parties are joint owners of the Marital Home and both parties are borrowers on the mortgage held by the Pennsylvania Family Housing Association (hereinafter "PFHA"). Husband has retained sole and exclusive possession of the Marital Home since the parties separated. 8. On or about November 21, 2005, a real estate agent named Shan Fields from Help U Sell Real Estate Professionals contacted Wife about entering into a listing agreement to sell the Marital Home. Husband had contacted Ms. Fields prior to her contact with Wife and requested that Ms. Fields list the Marital Home for sale. 9. On or about November 28, 2005, Wife's counsel sent correspondence to Husband proposing that the parties resolve all of the pending economic issues associated with the divorce and list the Marital Home for sale with Ms. Fields. A true and correct copy of Wife's counsel's correspondence to Husband is attached hereto as Exhibit A. 10. Husband never responded to Wife's counsel's correspondence. 11. On or about January 6, 2006, Wife learned from PFHA that Husband had not paid the mortgage for the months of November 2005, December 2005 and January 2006. 12. PFHA informed Wife that they have begun the process of foreclosing on the parties' mortgage. 13. Wife, her counsel and Ms. Fields have been unable to contact Husband because his telephone has been disconnected. 14. On or about January 12, 2006, Wife's counsel sent correspondence to Husband requesting that he contact Wife's counsel about listing the marital home for sale. A true and correct copy of Wife's counsel's correspondence to Husband is attached hereto as Exhibit B. 15. Wife cannot afford to pay the mortgage on the Marital Home and desires to sell the Marital Home. 16. Husband has refused and failed to make the required mortgage payments on the Marital Home despite the fact that he is residing in the Marital Home. 17. This Honorable Court has the authority to require Husband to list the Marital Home for sale pursuant to the court's equity powers. 18. If the Marital Home is not sold, Wife will be prejudiced because her credit history will be adversely affected by Husband's refusal to make the mortgage payments. WHEREFORE, Plaintiff, Lauren Kunkle, respectfully requests that this Honorable Court enter an Order requiring Defendant to list the marital home for sale. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP By: LeR?y Smigel, Esquire I.D. 09617 James R. Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Petitioner/Plaintiff ?, ?.. 1, Lauren Kunkle, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: / I 0C0 auren Kunkle SMIGEL, ANDERSON JAMES R. DEAIJIEL, ESQUIRE Q SACKS PHONE: (717)234-240L & LLP TOLL FREE: 1-800-522-9 757 ATTORNEYS AT LAW FACSIMILE (711) 239-3G11 EMAIL: jdemmelOsasnp.com www.sas(lp.com File No. November 28, 2005 8326-1-4 DELIVERY VIA CERTIFIED & REGULAR MAIL Mr. Kenneth Kunkle 31 North Conley Lane Etters, PA 17319 Dear Mr. Kunkle: I understand from speaking with your wife, Lauren, that you would like to sell your jointly owned home. The potential listing agent, Shari Fields, contacted Lauren about entering into a listing agreement. Lauren is willing to enter into a listing agreement and sell the marital home, but this must be done with two points of understanding and agreement between you and Lauren. The first is that the net proceeds from the sale of the home will be divided 50/50 with each of you receiving half of those net proceeds. The net proceeds are the amount received after payment of realtor's fees and transaction costs, including the 1% transfer tax. The second point of agreement must be that your child support arrearage is paid prior to or at the time of the real estate settlement. This child support arrearage will be a lien on the property and must be satisfied in order for the settlement to occur. Lauren is not willing to pay half of your child support arrearage from her proceeds of the marital home, but if your portion of the proceeds is sufficient to do so, the arrearage could be paid from your portion of the proceeds. Lauren would like to resolve the economic issues between the two of your and finalize the divorce. The house appears to be the largest piece of marital property and by selling the house and dividing the proceeds that would resolve that issue. Lauren proposes to keep the vehicle that she currently drives and have you sign the title over to her. She will be solely and exclusively responsible for payment of the debt on that vehicle. Both of your will keep the other personal property and debts in your respective names. If you are going to be listing the marital home for sale, this seems to be an opportune time to resolve all of the economic issues and finalize the divorce. Please contact me at your earliest opportunity to discuss this matter and provide written confinnation of your agreement to evenly divide the net proceeds from the sale of the marital home. _4431 North Front Street Harrisbure Pennsvlvania 17110 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP Mr. Kenneth Kunkle November 28, 2005 Page 2 If you have retained an attorney in this matter, please forward this letter to your attorney and ask that he or she contact me. Very truly yours, James R. Demmel JRD:smm cc: Ms. Shari Fields Ms. Lauren Kunkle oft ¦ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. X ¦ Print your name and address on the reverse so that we can return the card to you. g ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ir1r ?<et,ae`t-h Kunlhlz Q Agent Date of Delivery D. Is deliveryaddress different from Rem l? ? Yes If YES, enter delivery address below: 0 No 3. Service Type X Certified Mail ? Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail Q C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7005 1160 0002 3Q36 8767 O?ansfer from service /abet) 1 PS Form 3811, February 2004 Domestic Return Receipt 1e25e5-02ivY1540 ?, >? F SMIGEL, ANDERSON & SACKS LLP ATTORNEYS AT LAW January 12, 2006 VIA CERTIFIED & REGULAR MAIL Mr. Kenneth Kunkle 31 North Conley Lane Etters, PA 17319 Dear Mr. Kunkle: dA.NIES R. DEMMEL, ESQUIRE PHONE: (717) 234-2401 TOLL FREE: 1-800-822-9757 FACSIMILE (717) 234-3611 EMAIL: jdemmel@sasllp.com www.sasllp.com File No. 8326-1-4 I have tried to contact you by telephone and have been unable to reach you. The number I have for you has been disconnected. Lauren contacted your mortgage company and was informed that the last mortgage payment made was on October 1, 2005. Since the payments are now three months behind, the mortgage company is beginning the foreclosure process. Lauren does not want a foreclosure on her credit history and I doubt that you do either. Recently I sent you a letter proposing to sell the marital home as long as certain conditions were met. I still believe that this is a good time to finalize the divorce and settle all of the economic issues between you and Lauren. It certainly would benefit both of you to sell the house through a realtor instead of having the bank foreclose on it. Lauren is still willing to do so under the terms set forth in my letter dated November 28, 2005. If I do not hear from you in the immediate future, I will be filing a petition with the court to require you to list the marital home for sale. Hopefully it will not be necessary for me to file that petition and both of you can save the financial and emotional stress of a court proceeding on this matter. Please contact me at your earliest opportunity to advise if we can resolve this matter without going to court. Thank you for your prompt attention. Very truly you James R. Demmel JRD:smm cc: Ms. Lauren Kunkle 4431 North Front Street Harrisbure Pennsvlvania 17110 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP LAUREN N. KUNKLE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-4461 CIVIL TERM KENNETH I. KUNKLE, DEFENDANT : CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of Plaintiff's Petition for Special Relief on Plaintiff by depositing same in the U.S. Mail, postage prepaid for first class mail, on (A t , 2006, addressed as follows: KENNETH KUNKLE 31 NORTH CONLEY LANE ETTERS, PA 17319 SMIGEL, ANDERSON &SACKS, LLP t By: ', {?) Q LeRoy Smigel, Esquire I.D. 09617 James R. Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Petitioner/Plaintiff ?? r? ? , :. ` ;< , ? ? ." ; ?, LAUREN N. KUNKLE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. 05-4461 CIVIL KENNETH I. KUNKLE DEFENDANT CIVIL ACTION - DIVORCE RULE TO SHOW CAUSE AND NOW, this 25'h day of January, 2006, upon consideration of the foregoing petition, it is hereby ordered that: (1) A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) The respondent shall file an answer to the petition within 15 days of this date; (3) The petition shall be decided under Pa.R.C.P. No. 206.7; (4) An evidentiary hearing on disputed issues of material fact shall be held on February 14, 2006 at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse By the Court, /mes R. Demmel, Esquire For Plaintiff Xneth Kunkle Defendant bas .A 01 IN M. L. Ebert, JA. ?,A r., U J. 1p ?.:?;: `' -,. _, ,... ?'_ s II it LAUREN N. KUNKLE, PLAINTIFF V. KENNETH I. KUNKLE, DEFENDANT ORDER AND NOW, this the attached Petition for Both parties written listing agreement for IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4461 CIVIL TERM CIVIL ACTION - DIVORCE day ofq?gN ? 2006, upon consideration of Relief, it is hereby ordered that: within seven (7) days of the date of this Order, enter into a sale of the marital home through a realtor chosen jointly by both parties at a sale price agreed to jointly by both parties; 2. If the parties are unable to agree on the choice of a realtor, the listing agent shall be Ms. Shari Fields from H4 3. If the parties listing price; 4. Both parties of the marital home, includi appraisers and lending agen U Sell Real Estate Professionals; unable to agree on a listing price, the listing realtor shall set the cooperate fully with any and all individuals involved in the sale but not limited to realtors, inspection agents, potential buyers, in order to effectuate the sale of the marital home; 5. Prior to the time of settlement on the sale of the marital home, Husband shall satisfy any and all child support arrears and any and all other debts or liabilities that would act as a lien on the property so that the child support arrears or other debts or liabilities do not impede the settlement; and 6. Any and all n' t proceeds (defined as gross sale price plus all reimbursements less all required taxes and costs ?f transfer) from the sale of the marital home shall be divided evenly between the parties at the time of settlement. BY THE COURT: Distrib James R. Demmel, Es uire, 4431 North Front Street, 3rd Flr., Harrisburg, PA, 17110 Kenneth Kunkle, 31 orth Conley Lane, Etters, PA 17319 e.. LAUREN N. KUNKLE, Plaintiff V. KENNETH I. KUNKLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-4461 CIVIL TERM CIVIL ACTION - DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 14th day of February, 2006, after review of the plaintiff's petition and after hearing, the Petition for Special Relief is granted. By the Court, ?*-? UAV M. L. Ebert, Jr., J James R. Demmel, Esquire 4431 N. Front St. Harrisburg, Pa. 17110-1709 For the Plaintiff Kenneth I. Kunkle, Defendant 31 N. Conley Lane Etters, Pa. 17319 J mtf ?7 ? ?. ??, ,.? ?E ? i C:, .. ';?. ,,a i'.4 .... LAUREN N. KUNKLE, PLAINTIFF V. KENNETH I. KUNKLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4461 CIVIL TERM CIVIL ACTION - DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on April 2, 2005 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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 falsification to authorities. z v 6? Date: Z auren N. Kunkle, Plaintiff J t1J --?-t w.- LAUREN N. KUNKLE, PLAINTIFF V. KENNETH I. KUNKLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4461 CIVIL TERM : CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(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. Section 4904 relating to unworn falsification to authorities. Date: 2 z D Oauren N. Kunkle ` 7 f^ 1n? rte. ti?'n+ ae? 4 `? SMIGEL, ANDERSON & SACKS, LLP James R. Demmel, Esquire I.D.#: 90918 4431 North Front Street, Td Mr. Harrisburg, PA 17110-1778 (717) 234-2401 idemmel(wsasllp.com Attorney for Plaintiff Y LAUREN N. KUNKLE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-4461 CIVIL TERM KENNETH I. KUNKLE, DEFENDANT : CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE I, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of Plaintiff s 3301(d) Affidavit of Consent, Waiver of Notice and a Counter-Affidavit Under Section 3301(d) of the Divorce Code by delivering same by U.S. Certified Mail, return receipt requested, Article Number 7007 1490 0001 4133 4765, postage prepaid, on March 4, 2008, addressed as follows: Mr. Kenneth Kunkle #GV9412 660 State Route 11 Hunlock Creek, PA 18621 Jean Rickle, a representative for Defendant, received said documents on March 7, 2008, as evidenced by her signature on the certified mail return receipt card which is attached hereto. I verify that the statements 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. Section 4904, relating to unsworn falsification to authorities. SMIGEL, ANDERSON & SACKS, LLP Date: By: ` Oames R. emmel, Esquire I.D. #: 90918 431 rth Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff f ¦ Complete ItemON, 2, and 3. Also complete Item 4 if Restrioillild 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 mailpiece, or on the front If space permits. 1. Article Addressed to: 0 Agent Addressee B. Received by (Prfn Name) C. Date of DA" (i_319-de D. Is delivery address different from item 17 ? Yes If YES, enter delivery address below: ? No (Y1r • li?e???t-h 1C ? n1?1e. Gqc? y?2. ULM r : ?Zo??e? 11 ?Aun\ock &O&_, PR 3. Service Type MiC;A ed Mail ? Express Mail ? Registered ? Return Receipt for Merchandim ? Insured Mail ? C.O.D. 4. Restricted Delivery) (Ext?a Fee) ? Yes 2. Article Number 7007 1490 0 01 413 3 4765 (Transfer from service /aben PS Form 3811, February 2004 Domestic Rehm PAoW 10259e024A-l W N c- ? ?_: - :?, ' cao ri ?} ( T.. ` ? r? ?_ r t - .r. ?-? ; ,?; :.__ r : , x N .:,j ?..?! GJ SMIGEL, ANDERSON & SACKS, LLP James R. Demmel, Esquire I.D.#: 90918 4431 North Front Street, 3'd Fir. Harrisburg, PA 17110-1778 (717) 234-2401 jdemme1( sas11p.com Attorney for Plaintiff LAUREN N. KUNKLE, PLAINTIFF V. KENNETH I. KUNKLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4461 CIVIL TERM : CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE I, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of Plaintiff's 3301(d) Affidavit of Consent, Waiver of Notice and a Counter-Affidavit Under Section 3301(d) of the Divorce Code by delivering same by U.S. Certified Mail, return receipt requested, Article Number 7007 1490 0001 4133 4703, postage prepaid, on April 4, 2008, addressed as follows: Mr. Kenneth Kunkle #GV9412 660 State Route 11 Hunlock Creek, PA 18621 T. Shibikiki, a representative for Defendant, received said documents on April 7, 2008, as evidenced by her signature on the certified mail return receipt card which is attached hereto. I verify that the statements 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. Section 4904, relating to unsworn falsification to authorities. SMIGEL, ANDERSON & SACKS, LLP Date: _L It Q d By: es . Demmel, Esquire I.D. #: 90918 431 orth Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete s Waco .item 4 N PAstricted Delivery Is desired. i I / ? Agent ¦ Print your name and address on the reverse N SU ? Addresses so that we can return the card to you. g, nt?d Nam4 C. Date of Delivery ¦ Attach this card to the hack of the mailplece, AW+I or on the front if space permits. 1. Article Addressed to: D. is delivery addAmes-differard from item 1? ? Yes If YES, enter delivery address below: ? No Mr. ?-OW'e PL) MWT C??g41 a &(fib Qw?p' 3, ServftJyPe MiCr? Mail D Ew*w Mail D Registered D Return Peoelpt for Merchandise D Insured mail D C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes Article Number 7007 1490 0001 4133 4703 (liansfer horn service /abet) PS Form 3811, Feb vwy 2004 DanaMic Raton Rsoslpt ts?o 1' r"'a r r xM -G Ln SMIGEL, ANDERSON & SACKS, LLP James R. Demmel, Esquire ID #90918 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 idemmelna,sasllp corn Attorney for Plaintiff LAUREN N. KUNKLE, PLAINTIFF V. KENNETH I. KUNKLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4461 CIVIL TERM CIVIL ACTION- 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 §3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: The Complaint was personally served on the Defendant on September 20, 2005. A copy of the Return of Service is attached hereto. 3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: Not applicable. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: By Plaintiff February 22, 2008. (2) Date of filing and service of the Affidavit upon the Respondent: Served on April 4, 2008. A copy of the Affidavit of Service is attached. 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: April 4, 2008 by hand delivery. (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Not applicable. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Not applicable. SMIGEL, ANDERSON & SACKS, LLP D ate: Y/1Z/013 By: J es R. emmel, Esquire I.D. #: 90918 431 rth Front Street arrisburg, PA 17110-1778 (717) 234-2401 Attorney for Plaintiff .SM" -RL. ANDRR80N & SAcKs, LLP ATTORNEYS AT LAW 4431 NORTH FRONT STREET HARRISBURG,-PENNSYLVANIA 17110 17171.234-2401 LAUREN N. KUNKLE, PLAINTIFF V. KENNETH I. KUNKLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4461 CIVIL TERM CIVIL ACTION - DIVORCE RETURN OF SERVICE On the ©,rVday of c sy?fJC??, 2005, at 4.*-3 c o'clock 0.m., I, John P. Gaspich, served ??' with the foregoing Complaint Under 3301(c) or 3301(d) of the Divorce Code by: 1, ? ? -1-n I Ti C,? ? U? / vr? 6r?? ?i -DO C 6 . /?? s s :,r,- / 7rz /Z.---ac I / i E 4 r ? / f ?,z"a Gc: ,..s? S I verify that the statements in this Return of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: (9- -)L ? - 0,5 C/) ". co -n -Q ,J °! J T. C S ?J7 HARRISBURG, PENNSYLVANIA 17110 17171 234-2401 SNIIGEL, ANDERSON & SACKS, LLP lames R Demmel, Esquire 1.D 4 90918 44; I North Front Street. 3' Flr. Harrisburg, PA 17110-1778 (717) 234-2401 jdemmeKisasli ).corn Attorney for Plaintiff LAUREN N. KUNKLE, PLAINTIFF V. KENNETH I. KUNKLE, DEFENDANT IN THE COURT OF COMMON PL£AS CUMBERLAND COUNTY, PENNgYLVA?9IA; Y NO. 05-4461 CIVIL TERM CIVIL ACTION - DIVORCE f; --' ra ? ? AFFIDAVIT OF SERVICE I, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of Plaintiff's 3301(d) Affidavit of Consent, Waiver of Notice and a Counter-Affidavit Under Section 3301(d) of the Divorce Code by delivering same by U.S. Certified Mail, return receipt requested, Article Number 7007 1490 0001 4133 4703, postage prepaid, on April 4, 2008, addressed as follows: Mr. Kenneth Kunkle #GV9412 660 State Route 11 Hunlock Creek, PA 18621 T. Shibikiki, a representative for Defendant, received said documents on April 7, 2008, as evidenced by her signature on the certified mail return receipt card which is attached hereto, I verify that the statements 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. Section 4904, relating to unsworn falsification to authorities. SMIGEL, ANDERSON & SACKS, LLP Date: By: JID ,b ames R. Demmel, Esquire I.D. #: 90918 ?arrisburg, 31 orth Front Street PA 17110 (717) 234-2401 Attorney for Plaintiff ¦ 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 ristum the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: (Y1?1?1 K.?n?.?e C??ab c:'Q??2.11 X. 71 ? Agent' W 4 ? Addressee J B. eceived bled N ame , /t , C. Date of Delivery Y1 D. Is delivery add different from item 1? ? Yes If YES, enter delivery address below: ? No 3. SServwype 3.6nifled Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 1 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7007 1490 0001 413 3 4703 (Transfer from service /abeQ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1W LAUREN N. KUNKLE, PLAINTIFF V. KENNETH I. KUNKLE, DEFENDANT TO: KENNETH I. KUNKLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4461 CIVIL TERM CIVIL ACTION - DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF 43301(d) DIVORCE DECREE You have been sued in an action for divorce. You have failed to answer the complaint or file a counter- affidavit to the §3301(d) affidavit. Therefore, on or after April 24, 2008, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Date: J69 _ L4, SMIGEL, ANDERSON & S, LLP By: ;mmel, Esquire I.D. Front Street PA 17110-1709 (717) 234-2401 Attorney for Plaintiff LAUREN N. KUNKLE, PLAINTIFF V. KENNETH I. KUNKLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4461 CIVIL TERM : CIVIL ACTION - DIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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. Date: Kenneth I. Kunkle, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER AFFIDAVIT. r r- rn Vi OD f .C' O-W IN THE COURT OF COMMON PLEAS LAUREN N. KUNKLE, Plaintiff OF CUMBERLAND COUNTY STATE OF PENNA. N 0. 05-4461 VERSUS Defendant DECREE IN DIVORCE AND NOW, I NN IT IS ORDERED AND DECREED THAT LAUREN N. KUNKLE , PLAINTIFF, AND MR= I_ MRM.F. 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; BY THE COURT: ATTEST: J PROTHONOTARY K ?1l ? %' ?- ?1/-,?