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HomeMy WebLinkAbout06-0972 - , SAIDIS, FLOWER & LINDSAY ATIORNlMioAT'lAW 26 West High Street Carlisle, PA II MELISSA KUHN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW '--r- NO. Of.,. - (7).... {l;,,~r.. I k",\ IN DIVORCE v. DOUGLASS KUHN, Defendant NOTICE TO DEFEND 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 fall to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY. LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 or 800-990-9108 SAIDIS, FLOWER & LINDSAY , , SAIDIS, FLOWER & LINDSAY ATIORNE\'S.AT'!AW 2(j West High Street Carlisle, PA MELISSA KUHN. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 6~ _ Q7'1 17- [~ 0<..... L.:IL>; , 18L.~ IN DIVORCE v. DOUGLASS KUHN, Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. The Plaintiff is Melissa Kuhn, an adult individual residing at 19 Wood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Douglass Kuhn, an adult individual with a mailing address of P.O. Box 643, Carlisle, PA 17013. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint 4. The Plaintiff and Defendant were married on May 5, 2000 in Boiling Springs, Cumberland County, Pennsylvania. 7. There have been no prior actions of divorce or for annulment between the parties In this or In any other JUriSdiction. 9 The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with S3301 of the Pennsylvania Divorce Code. SAlOIS, FLOWER & LINDSAY - SAIDIS, FLOWER & LINDSAY ATfORNliYS..U.lAW 26 West High Street Carlisle, PA 1\ , VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. 94904, relating to unsworn falsifications to authorities I11.tL:k\c .~ Melissa Kuhn Date;,2.) \0) DlD -p ~ \l ~ ?-..J -..:;. ~ (;; ~ -:t -..tl ~ - ~ \) lI-t \) ~ ~ --L. r"-j '-~\ Q . ',', -T' f.' . ..\ .. ........ -- ......., - -_.~ .. ('~:'I r'. , v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. d.oO&07J. IN DIVORCE MELISSA KUHN, Plaintiff DOUGLASS KUHN, Defendant AFFIDAVIT OF SERVICE I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on February 25, 2006 a true and correct copy of the Complaint in Divorce, by mailing those documents to the his address at P,O. Box 643, Carlisle, Pennsylvania 17013 by Certified U,S, Mail, Restricted Delivery Return Receipt Requested, as evidenced by the attached U,S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, February 25, 2006. Respectfully submitted, SAlOIS, SHUFF, FLOWER & LINDSAY Dated: 3/zS/UG /lrV~t~~L ) 1l0: Azy:j Marylo -Matas, Esquire Attorney Id, 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff . . Complete Items 1..2, and 3, Also complete ~em 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 if space permits. 1. Article Addressed to: 'tu~\ Uv\ KLLhn PO. -p)G'f.. ~ Lf) (elv' h\h: P A 1701 ) D Agent D Addressee B. R. eceived by ('?tnted Name) C. Date of Deliv9ry . t6~ It, I[ :J.-? S".C,," D. Is Ivery address different from Item 11 0 Yes If YES, enter delivery address below: 0 No 3. Service Type b' Certified Mail B Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC.D.D. 4. Restricted Delivery? (Extra Fee) }\it Ves 2. Article Number (Transfer from service /abeQ PS Form 3811, February 2004 7003 2260 0000 8704 3563 ---~-_._~-------_.-.__.._._-- Domestic Retum Receipt 10259S-Q2-M-1540 i C' ~---' C . {~~.) C) o~ -q --1 - -~ .'" h:l " ~,. r=~ "" ::T! CO ):; eJ "T. ,. (') ;11 C.] ,.J ~;::~ :i.l e;l .~ SAlOIS, FI..OWER & UNDSAY JU lu.l'WmPftI..&Aft"' 26 West High Street Carlisle, PA " II MELISSA KUHN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-972 IN DIVORCE v. DOUGLAS KUHN, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301 (c) of the Divorce Code was filed February 21, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from 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 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. 4904 _ting to unsworn faISlfica~~ Date: 7/17/0L ~ , glas R. n DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER' 3301 eel OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct 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. 4904 relating to unsworn falsification to authorities. Date: 7//~ fL ~ --j .'-; f"J c-"', c -, 'c__.:'/ .~ , 11c 0 (., _ q"l:L c.;.,J \ "--- SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this (7 ""-day of JV..-Ln ' 2006, by and between DOUGLAS R. KUHN, of Cumberland County, Penn~vania, party of the first part, hereinafter referred to as "Husband", AND MELISSA KUHN, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on May 5, 2000, in Boiling Springs, Cumberland County, Pennsylvania; 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 their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant --Page 1 of 12-- with and know accurately the size, degree, and extent of the estate and income of 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, covenants and agree as follows: 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice 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 circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Marylou Matas, Esquire, Husband has reviewed this Agreement and has had the opportunity to have the provisions of this Agreement and there legal effect explained to him by counsel, but has chosen to proceed on his own without legal representation and is entering into this Agreement of his own free will. --Page 2 of 12-- 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis ofthis Agreement between the parties. 3. Personal RifJhts and Sevaration: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on 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, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. A![reement to be Incorporated in Divorce Decree: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 5. Date of Execution: The "date of execution" or "execution date" of this 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 ..Page 3 of 12-- Agreement. 6. Personal Provertv: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. 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. At the time of separation removed from the marital residence the following items: his own personal items including his clothing: his tools and toolbox, his guns, his bows and ammunition for both, his hunting and fishing equipment which collectively as a group have a value of approximately $5,000.00. Wife retained the rest of the furnishings and personal items from the home. 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, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 7. Marital Debt: At the time of separation the parties owed the following martial debt: (I) Orthodontist past due amount approximately $1,200.00 (2) Lehigh Anesthesia past due amount approximately $360.00 (3) 40lK loan approximately $1,000.00 (4) Cash advance loans approximately $1,100,00 --Page 4 of 12-- (5) Suburban debt approximately $400.00 (6) Sprint past due amount approximately $670.00 (7) Daycare past due amount approximately $350.00. Since the date of separation Wife has maintained responsibility for the payment of the aforesaid debts. Husband has agreed to reimburse wife for approximately half of these marital debts. In order to reimburse Wife for these debts, Husband shaU pay Wife the total sum of $2,400.00 payable in the amount of $100.00 per month, to begin the first month foUowing the date of execution of this Agreement. Said monthly payments shall be due no later than the fifth (5'h) day of each month and shall continue until paid in full and shall accrue interest at the rate of 6% per annum. In the event that Husband fails to make payment as due said payment, Wife shall have the right to pursue all rights available to her in law or equity, and Wife shall have the right to seek reimbursement for the cost of her attorney's fees to seek Husband's compliance with this Agreement for the enforcement of this provision. Otherwise, each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. Neither party wiU take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution ofthis Agreement forward, 8. Bank Accounts: For the mutual promIses and covenants contained in this Agreement, Husband and Wife hereby waive aU right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. --Page 5 of 12-- 9. After-AcQuired Personal Prooertv: 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 of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 10. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) Husband shall retain sole and exclusive possession of the parties' Dodge Dakota with an approximate date of separation value of$500.00 and Dodge Ram Charger with an approximate date of separation value of $500.00. Wife shall make no claim to Husband's access or use of said vehicles. It is believed that these vehicles are titled in Husband's name individually. b.) Wife shall retain sole and exclusive possession of the parties' Dodge Neon which has an approximate date of separation value of $500.00, Husband shall make no claim to Wife's access or use of said vehicle. It is believed that this vehicle is titled in Wife's name individually. II. Health Insurance: The parties each maintain their own health insurance coverage for themselves at his or her own cost and shall continue to do so, Each party shall maintain responsibility for payment of any unreimbursed medical costs that may be incurred by them from the date of separation forward. 12. Pension Interests: Husband hereby waives, relinquishes and transfers any and all right, title and interest he has or may have in Wife's pension, retirement account, or deferred compensation account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. --Page 6 of 12-- . ' Wife hereby waives, relinquishes and transfers any and all right, title and interest he has or may have in Husband's pension, retirement account, or deferred compensation account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. 13. Warrantv as to Post Separation and Future Oblizations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 14. Spousal Support, Alimonv, Alimonv Pendente Lite, and Spousal Maintenance: a.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife, b.) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 15. Divorce: At the time of execution of this Agreement, Wife has commenced an action for divorce against Husband. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under 93502, et. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be --Page 7 of 12-- " incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 16. Lef!al Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. At the time of execution of this Agreement, wife has commenced an action for divorce against Husband. 17. Remedv for Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 18. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. lOl et seq. of the Commonwealth of Pennsylvania, and as amended. 19. Summarv of Effect of Af!reement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between --Page 8 of 12-- the parties. 20. Tax ConseQuences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property, The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a party of the marital estate. 21. Mutual CooverationlDutv to Effectuate Azreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further 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. 22. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 23. 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 provision shall be stricken from this Agreement and in all other respects this Agreement --Page 9 of 12-- 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 exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 24, No Waiver of Default: This Agreement shall remain in full force and effect unless 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. 25. Integration: 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. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 26. 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. 27. 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 --Page 10 of 12-- . same or similar nature. 28. Cavtions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 29. Af!reement Bindinf! on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 30. GoverninfJ Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. .:s::SSES: : ;1/} ~, 'fjr/joh Date /J!~lUJa ~ Melissa Kuhn 0~ft\~~ Z1?JO? / ate ~L)> Douglas R. Kulfu ~~ _.. --Page 11 ofl2-- , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF e () m b.o--IcL n d On this 'n day of 3' u tj , 2006, before me, the undersigned officer, personally appeared Melissa Kuhn, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. [, , ~/7 Y'k, Notary Public fJ irNVPa<..- , COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cum h t' rlcu~ d On this I r; day of JU I 'j , 2006, before me, the undersigned officer, personally appeared DouglassR. Kuhn, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ',//'HA ~'-""l cx1 /Jj{(o Notary Public lilt {'litt(/~ . --Page 12 of 12-- I~'.'" () -<1 .-, ~-1 ...-.. l"\~ r.::. c \-,,; (.,) ~,,) c' ," E. C:l SAIDIS, FLOWER & LINDSAY AnORNEY~MT.IAW 26 West High Street CarJisle,PA II MELISSA KUHN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-972 v. DOUGLASS KUHN, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301 (c) of the Divorce Code was filed February 21, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from 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 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. 4904 relating to unsworn falsification to authorities. Date: 7):r;)1/P ~CL-~ ---- Melissa Kuhn PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERli 3301 eel OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights cnnc.erning 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 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. 4904 relating to unsworn falsification to authorities. Date: 7};; j;J~ /ll~~dA. ~ Melissa Kuhn to r t--..."l <'".:";,; ~';'''''' <~~?~ ~ : '\~ c;'/ c) o f.-:- - _.1 - - " - SAIDIS, FLOWER & LINDSAY AIlORNEfSoAT'IAW 26 West High Street Carlisle,PA CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, of the law firm of SAlOIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via certified mail, return receipt requested, postage prepaid, addressed as follows: Douglas Kuhn P.O. Box 643 Carlisle, PA 17013 SAlOIS, FLOWER & LINDSAY I ...~--? i L~_.c.{) \. tAt. .}l:"~'c, .(,C\.,] Marylb!J M~tas, Esqbire Supreme Court 10 No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 c '..- .~. ,- '''--,) C"";) ,:,;'::~ 0'" ~~.,~ i/I c.) o co ". - SAllIS, 'LOWER & LINDSAY JITlDRNEY&'Aj.lAW 26 West High Street Carlisle, PA MELISSA KUHN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEN1'1SYLVANIA "j'j v. CIVIL ACTION - LAW NO. 06-972 DOUGLAS KUHN, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301 (c) of the Divorce Code was filed F'ebruary 21, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from 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 to the best of my knowiedge, information and belief. I understand that false statements herein are made subject to the """"" 0' '" ',.C.$. "'" re""o" '" ""~= ''''"~~ Date: 7//7/0~ .. ~~ / glas R. ~ n DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER~ 3301 leI OF THE DIVORCE CODE 1 . i consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct 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. 4904 relating to unsworn falsification to authorities. Date: ;;//1/0 6 I II ~e ouglas R. Kuh _.. SAIDIS, FLOWER & LINDSAY AT1ORNlc'l'S-M'UW 26 West High Street Carlisk, PA MELISSA KUHN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION NO. 06-972 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD DOUGLAS KUHN Defendant To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on February 21., 2006, via acceptance of service. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: 07/31/06 and filed contemporaneously herewith By Defendant: 07/17/06 and filed with Prothonotary on 07/26/06 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated 7/17/06 are incorporated. but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: 07/31/06 and filed contemporaneously herewith By Defendant: 07117/06 and filed with Prothonotary on 07/26/06 Dated: '6(/ (G0 ~] ~ tv'c~ Mary o,u SAIDI~' UFF. FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 o c-. '''' C".,-, c., .J C) ::;:J (; lnf.;:! c.) ,~"- C) , I :3 CD ....r;;: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . STATE OF PENNA. MELISSA KUHN No. 06-972 VERSUS DOUGLAS KUHN DECREE IN DIVORCE . . . AND NOW, ~p ~ MELISSA KUHN 2bOb, IT IS ORDERED AND . . DECREED THAT , PLAINTIFF, AND DOUGLAS KUHN , 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; The terms of the Separation and Property Settlement Agreement dated July 17, 2006 are incorporated, but not merged, into this Decree in Divorce. ATTE J. _;#~~~ 4J-U ;;;" __ "",.pfJ 1j&' ~ -6 ~~. ? /''tI. "' . ) . .i. . . ..,~ ,>. ... ..~. .. ... . . ~