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HomeMy WebLinkAbout06-3915VICKIE LEE KUHN, Plaintiff V. CHARLES ROBERT KUHN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - 3916 (u'' a -7;a,..- IN DIVORCE 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 fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Respectfully submitted, SAIDIS, FLOWER & LINDSAY SAMIS FLOWER '& LMDSM 26 West High Street Carlisle. PA By Na,?r?11311 -A/r, f14 Matas, Elsquire Supreme Court ID # 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VICKIE LEE KUHN, Plaintiff vi. CHARLES ROBERT KUHN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04. 391-e Cwa To . IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. The Plaintiff is Vickie Lee Kuhn, an adult individual residing at 537 North Hanover Street, Apartment 9, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Charles Robert Kuhn, Jr., an adult individual residing at, 53 Garden Parkway, Carlisle, Cumberland County, Pennsylvania. 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 June 27, 1981 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 SAIDIS, FLOWER S? LIDVDS" 26 War High Street Carlisle, PA 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 §3301 of the Pennsylvania Divorce Code. I COUNTI INDIGNITIES 11. The averments in paragraphs 1 through 10 are incorporated hereto as if fully set forth herein. 12. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 13. The averments in paragraphs 1 through 12 are incorporated hereto as if fully set forth herein. 14. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital SAIDIS, FLAW M & IIUNIDSM 26 Wm High Saeet Carlisle, PA property. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 15, The averments in paragraphs 1 through 14 are incorporated hereto as if fully set forth herein. 16. Plaintiff is unable to provide for her reasonable needs in the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 17. The averments in paragraphs 1 through 16 are incorporated hereto as if fully set forth herein. 18. Plaintiff is unable to sustain herself during the course of this litigation or to pay the necessary and reasonable attorney's fees and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY SAIII)IIS FWVA RR '& LENDS" 26 West High Street Carlisle, PA Ma" Mata ,Esquire Attorney Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: ??/G ?. Counsel for Plaintiff 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. C.S. §4904, relating to unsworn falsifications to authorities. Vickie L. Kuhn Date: WEWER FLO '& LINDSAY 26 West High Strat Carlisle, PA CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, of the law firm of SAIDIS, 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: Charles Robert Kuhn, Jr. 53 Garden Parkway Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Dated: --7-1 /0 /G? M ou Matas, E uire Supre a Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FWVVER & LUNDS" ATRISMUM 26 West High Street Carlisle, PA A > ri ?p w VICKIE LEE KUHN, Plaintiff Viii. CHARLES ROBERT KUHN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.U 6 - 34IS cirri -ft' IN DIVORCE NOTICE TO PLEAD TO: Charles R. Kuhn, Jr. 53 Garden Parkway Carlisle, PA 17013 You are hereby notified to plead to the enclosed Petition for Economic Relief SAIDIS, FLOWER & LIlVDSM 26 West High Street Carlisle, PA within twenty (20) days from service hereof, or a default judgment may be entered against you. SAIDIS, FLOWER & LINDSAY Marylo atas, Esquire Attorney ID: 84919 26 West High Street Carlisle, PA 17013 Dated: 7/In/ow Counsel for Plaintiff VICKIE LEE KUHN, Plaintiff V. CHARLES ROBERT KUHN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ob- 3915 Cu,4 %c IN DIVORCE AND NOW, comes the Petitioner, Vickie L. Kuhn, by and through her counsel, Marylou Matas, Esquire and The Law Firm of Saidis, Flower & Lindsay and Petitions this Honorable Court as follows: 1. Plaintiff is Vickie L. Kuhn an adult individual currently residing at 537 N. Hanover St., Apt. 9, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Charles R. Kuhn, Jr. an adult individual currently residing at 53 Garden Parkway, Carlisle, Cumberland County, Pennsylvania. 3. The parties hereto are Husband and Wife having been joined in marriage on June 27, 1981. The parties separated on or about June 15, 2006. 4. Plaintiff herein filed a Complaint in Divorce on or about July 10, 2006. 5. Plaintiff is without the ability to earn income sufficient to meet her reasonable needs and to pay attorney's fees. WHEREFORE, Plaintiff requests this honorable court to order Alimony Pendente Lite, in an amount equal to the Pennsylvania State Support Guidelines and reasonable attorney's fees and costs. FI? RR & LINDSAY 26 West High Street Carlisle, PA Respectfully submitted, SAIDIS, FLOWER LINDSAY 0 Marylo atas, Esquire 26 West High Street Carlisle, PA 17013 Dated: (717) 243-6222 Counsel for Plaintiff VICKIE LEE KUHN, Plaintiff vi. CHARLES ROBERT KUHN, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS SAID FWWER & LINDSAY 26 Wm High Sum CuIisle, PA PETITIONER NAME Vickie L. Kuhn ADDRESS 537 N. Hanover St., Apt. 9 Carlisle, PA 17013 BIRTH DATE 10/23/52 SOCIAL SECURITY NUMBER HOME PHONE WORK PHONE EMPLOYER NAME N/A EMPLOYER ADDRESS N/A JOB TITLE/POSITION N/A DATE EMPLOYMENT COMMENCED N/A GROSS PAY NET PAY $498/ Pension OTHER INCOME $960/ SSD ATTORNEY'S NAME Marylou Mates, Esquire ATTORNEY'S ADDRESS 26 West High Street Carlisle, PA 17013 ATTORNEY'S PHONE NUMBER (717) 243-6222 RESPONDENT NAME Charles R. Kuhn, Jr. ADDRESS 53 Garden Parkway Carlisle, PA 17013 BIRTH DATE 01/17/55 SOCIAL SECURITY NUMBER HOME PHONE EMPLOYER NAME PENSKE EMPLOYER ADDRESS JOB TITLE/POSITION Mechanic DATE EMPLOYMENT COMMENCED Approx. 1990 GROSS PAY NET PAY OTHER INCOME Part time Employment @ Petro ATTORNEY'S NAME ATTORNEY'S ADDRESS ATTORNEY'S PHONE NUMBER MARRIAGE INFORMATION DATE OF MARRIAGE 06/27/1981 PLACE OF MARRIAGE Boiling Springs DATE OF SEPARATION June 15, 2006 ADDRESS OF LAST MARITAL HOME 53 Garden Parkway Carlisle, PA 17013 DESCRIPTION OF DOCUMENT RAISING APL CLAIM Divorce Complaint DATE APL FILED Jul 7, 2006 ? ?WER'& LENDS" MyRygymp 26 West High Street Carlisle, PA VICKIE L. KUHN, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-3915 CIVIL TERM CHARLES R. KUHN, JR., IN DIVORCE Defendant/Respondent PACSES CASE NO: 586108433 ORDER OF COURT AND NOW, this 13th day of July, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on Thursday, July 27, 2006 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. **THIS CONFERNECE WILL BE HELD IN CONJUNCTION WITH CASE #988108367** BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on July 13, 2006 to: Petitioner Respondent Marylou Matas, Esq. Date of Order: July 13, 2006 ISddayitoderence ZI . ok4l Officer s YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND If REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ?, -" ?, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VICKIE L. KUHN ) Docket Number 06-3915 CIVIL Plaintiff ) VS. PACSES Case Number 586108433 CHARLES R. KUHN JR Defendant ) Other State ID Number ORDER AND NOW, to wit on this 27TH DAY OF JULY, 2006 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other ALIMONY PENDENTE LITE REQUEST filed on JULY 11, 2006 in the above captioned matter is dismissed without prejudice due to: A SPOUSAL SUPPORT ORDER BEING ENTERED UNDER PACSES #988108367 AND DOCKETED AT 505 S 2006. O The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: J Wes]Ey O , J . , Service R.J. Shadday Form OE-506 Type M Worker ID 21005 (" `__ , ,t L._ _ -? 1 f r ?.. Vickie Lee Kuhn vs Case No. 2006-3915 Charles Robert Kuhn, Jr. Statement of Intention to Proceed To the Court: Vickie Lee Kuhn, Plaintiff intends to proceed with the above captioned matter. Print Name Marylou M= t a s E sq ; ,-o Sia Name Date: Sept. 4, 2009 Attorney for Vickie Lee Kuhn Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. P,rr OF TW PrROT"OTARY 209 SEP -8 Aft 11= 4 7 4 L. ,A. WUNTY P'EiV# MVA ___ Vickie L~ Kuhn ___ vs Case No. 0 6 - 3 91 5 ;__ .--; _ Charles R. Kuhn, Jr. ,:~, Statement of Intention to Proceed ~-`~ To the Court: ,''~A ~,~~,_~~ ~,~b ~ t } ~~ ~ intends to proceed with the above captioned matter. {{ i ['~Ttllt ;r;ame~~ Cli- -- rxf~ CJ1 .!~'u`~•,Q6-~ - ~,T Sl~ii Naltie ~" ~- ~ -~ ^ ~_~~i1.~\ Date: ~=> i 2 n -1.~- Attorney for ~ ~,, a (i f 1 ~ -~ L. ~ ~ i _~_,tiJr _~_ _._,)_;~ Explanatory Comment '1 he Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. L Rule of civil Procedure New Rule of Civil Procedure 230.2 ha:; been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivit}~ was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule. was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 5~ 1 Pa. 360,710 A.2d 1 104 (199$) in which the court held that '`prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1961." Rule ofi .)udicial Administration 190](b) has been amended [o accommodate the new rule of civil procedure. "The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. [1 /nactive Cases I'he purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court.. After giving notice of intent to terminate an action for inactivity, the course of the procedure: is with the parties. !f the. parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute.'" If a party wishes to pursue the rnatter. he or she will the a notice of intention to proceed and the action shall continue. a. Where the action has been terminated [f the action is terminated when a party believes that it should not have been terminated, that party may proceed under RuIc230(d) for relief from the order of termination. An example of such an occurrence might be the termination oP~ a viable action when the aggrieved party did not receive the notice ofi intent to terminate and thus did not tirnely file the notice of intention to proceed. l'he timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of~ the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the, plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the Failure to -File the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision td)(2). B lG'here t17e ae~ion has no[ been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject. of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a crnnmon law non pros which exits independently of termination under Rule 230.2. 1 i I <;',.~ ~~ vs ' Case No.~~~~ ~ ~-"' _ _ _ - t,-- C _ 3 _` ,/ ~ ~ N o --! ~ ~ "' t Staternent of Intention to Proceed ~A ~ `~ ~ ,. „~ ~ -r, ~ „ r ~ ~ -,-;. ~ -~ ~ G To the Court: ~ t , C3(r ~° ~,-~ ;, ~) ~ -_~~ k 11 {mil _ Intends to proceed with the above captioned ~~at ~, ter." r, .•-. Print Name Sign Name ~ ~ ~'.' ~! ~ ~ ' ~ ~ ~ -.-- ~ "~ .~ / ~ ~, Date: I ~'' ~ '_ Attorney for ~ ~i^, r ~_~ ~ ~.. ~ y ~_ Explanatory Comment 1'he Supreme Cow-t of Pennsylvania has prommlgated new Rule of Civil Procedure 230.2 governing, the terminatio n of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation m erit comment. I. Rule of crvi(Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civi] Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rote was promulgated in response to [he decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,'7 i (1 A.2d 1104 (1998] in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before ~ case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901.' Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general po]icti~ of the prompt disposition of mataers set forth in subdivision (a) of that rule continues to be applicable. I1 Inactive Cases "the purpose of Rule 230.2 is to eliminate ;nactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter s:rn order as of course terminating the matter with prejudice for failure to prosecute." [f a party wishes to pursue the matter. he or she will file a notice of intention to proceed and the action shall continue. a. 1~Vhere the action has been terminated ]f the action is terminated when a party believes Chat it should not have been terminated, that party may proceed under Ru]e230(d) for relief from the order of termination. An example of such an occun~ence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely Ele the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is f led within thirty days of the enu~y oCthe order of termination on the doc.;cel, subdivision (d)(2) provides that the court must gran[ the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (dN2). B. bf/her~~ the action has not been terminated An ac'ion which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remed~~ of a common lay+~ uon pros which exits independently of termination under Rule 230.2.