HomeMy WebLinkAbout06-6090
SUSAN A. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION LA W
No. DlP-bJoqO Civiljerm
NORMAN D. KUHN, JR.,
Defendant
IN DIVORCE
NOTICE
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 o!
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, High and Hanover Streets, Carlisle.
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
Phone: (717) 249-3166
(800) 990-9108
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 or business before the court. You must attend the
scheduled conference or hearing.
SUSAN A. KUHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION LAW
No. C/~- ~b 'to (!,'u,'1 ~r-I'"
NORMAN D. KUHN, JR.,
Defendant
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. Plaintiff is Susan A. Kuhn, who currently resides at 112 Big Spring Terrace, Cumberland
County, Newville, Pennsylvania 17241, since May 12,2006.
2. Defendant is Norman D. Kuhn, Jr., who currently resides at 33 Parsonage Street,
Cumberland County, Newville, Pennsylvania 17241, since August 1, 1995.
3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at
least six months immediately previous to filing of this Complaint.
4. Plaintiff and Defendant were married on July 1, 1996, in Boiling Springs, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties hereto in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. 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.
8. Plaintiff requests the Court to enter a Decree in Divorce.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in
Divorce and such other Orders as may be just and appropriate.
Respectfully submitted,
ROMINGER & WHARE
Date: I () -/7w (),
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Michael J. Wh~e, Esquire
155 South Hanover Street
Carlisle, PAl 7013
Supreme Court LD. #89028
(717) 241-6070
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn
falsification to authorities.
Date:
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SUSAN A. KUHN
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
NORMAN D. KUHN, JR.
Defendant
: NO. 06- 6090 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 18, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to
unsworn falsification to authorities.
Date:J/2tf/O 7
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Norman D. Kuhn, Jr./Defendant
SUSAN A. KUHN
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COlJNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
NORMAN D. KUHN, JR.
Defendant
: NO. 06- 6090 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UN"DER ~ 3301(c) 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. 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:-J,,,,wi" IT 2<<:;7
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Norman D. Kuhn, Jr./Defendant
SUSAN A. KUHN
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
NORMAN D. KUHN, JR.
Defendant
: NO. 06- 6090 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 18,2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verifY that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to
unsworn falsification to authorities.
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Date: II;?!)};!)
I ' ,
SUSAN A. KUHN
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
NORMAN D. KUHN, JR.
Defendant
: NO. 06- 6090 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~ 3301(c) 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 tiled 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. ~4904, relating to unsworn falsification
to authorities.
Date:
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Susan A. Kuhn/Plaintiff '
SUSAN A. KUHN
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
C(.. 'o't6
: N~ CIVIL TERM
: IN DIVORCE
NORMAND. KUHN, JR.
Defendant
~TALSETTLEMENTAGREEMENT
AGREEMENT, made this R day of J~~l.t~('Y, 2002, between Susan A. Kuhn,
(hereinafter called "Wife") and Norman D. Kuhn, Jr. (hereinafter called "Husband").
WITNESSETH:
The parties hereto are Wife and Husband, having been married on July 1, 1996.
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 for the rest of their natural lives,
and the parties hereto desire to settle fully and fmally their respective financial and property
rights and obligations as between each other, including without limitation: (1) the settling of all
matters between them relating to the ownership of real and personal property; (2) the settling of
all matters between them relating to the past, present and future support and/or maintenance of
Wife by Husband and of Husband by Wife; (3) in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1
I. AGREEMENT NOT PREDICATED UPON DIVORCE
It is specifically understood and agreed by and between the parties hereto and each of the
said parties does hereby warrant and represent to the other that the execution and delivery of this
Agreement is not predicated upon nor made subject to any agreement for the institution,
prosecution, defense or for the non-prosecution or non-defense of any action for divorce;
provided, however, that nothing contained in this Agreement shall prevent or preclude either of
the parties hereto from commencing, instituting or prosecuting any action or actions for divorce,
either absolute or otherwise, uponjust, legal and proper grounds, nor to prevent either party from
defending any such action which may, has been, or shall be instituted by the.other party, or from
making any just or proper defense thereto. The parties further agree that they will each sign the
Affidavit of Consent and Waiver of Notice after the required ninety (90) day time period has
elapsed when such a divorce procedure is instituted.
2. ADVICE OF COUNSEL
Wife and Husband declare that each has had a full and fair opportunity to obtain
independent legal advice of counsel of her and his selection; that Wife has been independently
represented by Michael 1. Whare, Esquire and that Husband, aware of his right to legal
representation, declares it is his express, voluntary and knowing intention not to obtain counsel
and he chooses instead to represent himself with respect'to the preparation and execution of this
Agreement, and waives his right to representation.
3. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be
free from all control, restraint, interference or authority, direct or indirect, by the other in all
2
respects as fully as if she or he were unmarried. Each may reside at such place or places as she or
he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in
any business, occupation, profession or employment which to her or him may seem advisable.
This provision shall not be taken, however, to be an admission on the part of either Wife or
Husband of the lawfulness of the causes which led to, or resulted in, the continuation of their
living apart. 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 her or him.
4. PERSONAL PROPERTY
Wife and Husband do hereby acknowledge they have heretofore divided the marital
property, including, but without limitation, jewelry, clothes, furniture and other personalty, 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 property in the possession of Wife
shall be the sole and separate property of Wife. Each of the parties does hereby specifically
waive, release, renounce and forever abandon whatever claims, ifany, she or he may have with
respect to any of the above items which are the sole and separate property of the ' other.
Husband shall retain the 1997 Ford Expedition which is now in his possession and Wife
shall retain the 2001 Ford Mustang now in her possession. Wife will assume the loan for said
vehicle and Wife agrees and covenants to hold Husband harmless from any such liability or
obligation. Each party does hereby specifically waive, release, renounce and forever abandon
any retirement accounts, 401(k) plans or pension plans belonging to the other.
3
5. REAL PROPERTY
Wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in
the real estate situated and located at 33 Parsonage Street, Cumberland County, Newville,
Pennsylvania. From the date of this Agreement, Husband agrees to assume as his sole obligation
any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection
with said premises, and Husband agrees and covenants to hold Wife hannless from any such
liability or obligation. Husband hereby agrees that within three (3) months of the date of this
Agreement, he will cause the release of Wife from any liability or obligation on the mortgage
,-
note presently existing with respect to said premises and upon which both parties hereto are
liable. After separation, Wife purchased a property at 112 Big Spring Terrace, Newville,
Pennsylvania and Husband hereby releases, waives, and renounces any interest in said property
and Wife will hold Husband hannless from any such liability or obligations. Husband agrees to
give to Wife the 1976 RV which is now in his possession and Wife agrees to release Husband
from any liability or obligation to the same;
6. SUPPORT
The parties herein acknowledge that by this Agreement they have each respectively secured
and maintained a substantial and adequate fund with which to provide for themselves, sufficient
financial resources to provide for their comfort, maintenance and support, in the station of life in
which they are accustomed. Wife and Husband do hereby waive, release and give up any rights
they may respectively have against the other for alimony, support or maintenance. It shall be
from the date of this Agreement the sole responsibility of each of the respective parties to sustain
themselves without seeking any support from the other party.
4
7. TAXRETURNS
Husband and Wife agree to sign separate returns for the calendar year 2006; and if the
parties are entitled to any refund hereunder; Wife and Husband shall be entitled to the prQceeds
thereof separately. Should there be a tax liability, it shall further be Wife's and Husband's
obligation to pay equally for any tax liability for 2006.
Husband further agrees that he will be responsible and hold Wife harmless for any
contingent liabilities on joint income tax returns previously fIled by the parties and will agree to
pay any claim or expenses arising out of such returns or liabilities, unless additional liabilities are
found to be attributable to misrepresentations or failures to disclose the nature and extent of
Wife's income as it may appear on said previous tax returns.
8. LIABILITIES
Wife and Husband each covenant, warrant and 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 prior to or after the effective date of this Agreement, except as
may be otherwise provided by. the terms of this Agreement. Each party shall payoff any credit
card debt in their name alone.
9. LEGAL FEES
Wife hereby agrees to waive any right to alimony pendente lite and each party agrees to be
responsible for her or his own legal fees and expenses.
10. NO BAR TO FURTHER 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 now exist or shall hereafter exist or
5
to such defense as may be available. It is agreed that this Agreement shall not be impaired by
any divorce decree which may be granted but shall continue in full force and effect
notwithstanding the granting of any such decree. 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.
11. MUTUAL RELEASE
Wife and Husband each do hereby mutually remise, release, quitclaim and forever
discharge the other and the estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, titles and interests, 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 whatever nature and wheresoever situate, which she or he now has or at
any time hereafter may have against the 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 or curtesy, or claims in the nature of dower or curtesy 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 ortenitory of the
United States, or (c) any other country, or any rights which Wife may have or at any time
hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising as a result of the marital, relation or otherwise,
6
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 thereof. It is the intention of Wife
and Husband 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 acquire, 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 thereof, subject, however, to the implementation and
satisfaction of the conditions precedent as set forth herein above.
-
12. SUCCESSORS' RIGHTS AND LIABIUTIES
This Agreement shall, except as otherwise provided herein, be binding upon and inure to
the benefit of the parties hereto, their respective heirs, executors, administrators, successors or
assigns.
13. ENTIREAGREEMENT
Wife and Husband do hereby covenant and warrant that this Agreement contains all of the
representations, promises and agreements made by either of them to the other for the purposes set
forth in the preamble hereinabove; that there are no claims, promises or representations not
herein contained, either oral or written~ which shall or may be charged or enforced or enforceable
unless reduced to writing and signed by both of the parties hereto; and the waiver of any term,
condition, clause or provision of this Agreement shall in no way be deemed to be considered a
waiver of any other term, condition, clause or provision of this Agreement.
7
14. BINDING EFFECT OF AGREEMENT
This Agreement shall remain in full force and effect unless and until terminated 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 not be construed as a waiver of any subsequent default
of the same or similar nature.
15. SEV ARABILIlY
If any term, condition, clause or provision of this Agreement shall be determined or
declared to be void or invalid in law, or otherwise, then only that term, condition, clause or
,-
provision shall. be stricken from this Agreement and in all other respects this Agreement shall be
valid and continue in full force, effect and operation. 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 avoid or alter the remaining obligations
of the parties.
16. HEADINGS
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 meanings, construction or effect.
17. EFFECTIVE DATE
The effective date of this Agreement shall be the date upon which it is executed;
however, the transfer of the property provided for herein shall only take place upon the entry of a
final decree in divorce, unless otherwise indicated. The support provisions of this Agreement
shall take effect as indicated. Notwithstanding the foregoing, if a final decree in divorce shall not
8
have been obtained within four (4) months from the date of execution of this Agreement, this
Agreement shall be null and void.
18. CONTROLLING LAW
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as
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parties hereto,. acknowledge the receipt of a duly executed copy hereof.
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Norman D. Kuhn, Jr., Husband
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COMMONWEAL TH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
On this, the III day of ~J~ ' 20 D1 before me, the
subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of
Cumberland, personally appeared Susan A. Kuhn and in due form of law acknowledged the
above Agreement to be her act and deed and desired the same to be recorded as such.
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Notary Public
~;g'!yHVC . JH OF PENNSYlVAN A
,. NDIIrial SeeI
I ~~etnger, Notary Public
1'~IoJo. Cumber1andCounty
COMMONWEALTH OF PENNSYLVANIA ) i ,,-:lJy~ExplresAug.11,2010
'...,~I l:)erinlv1vanla Association 01 Notaries
: SS.
COUNTY OF CUMBERLAND )
On this, the ft day of .:sA"; VAIZ.1 ' 20U, before me, the
subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of
Cumberland, personally appeared Norman D. Kuhn, Jr. and in due form of law acknowledged the
above Agreement to be his act and deed and desired the same 0 be recorded as such.
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Notarial Seal
Sandra A. Kautz, Notary PubIc
Silver Spring Twp., Cumber1and Comly
My Commission Expires May 10. 2fJ(J7
Member, Pennsylvania Association or Notaries
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SUSAN A. KUHN
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LA W
NORMAN D. KUHN, JR.
Defendant
: NO. 06- 6090 CIVIL TERM
: IN DIVORCE
PROOF OF SERVICE
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: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
SUSAN A. KUHN
Plaintiff
NORMAN D. KUHN, JR.
Defendant
: NO. 06- 6090 CIVIL TERM
: 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. Grounds for divorce: irretrievable breakdown under 9 3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: October 18, 2006, was served on
Defendant by Certified Mail signed on October 20, 2006 (attached hereto as Proof
of Service).
3. Date of execution of the Affidavit of Consent required by 9 3301(c) or The
Divorce Code: by the Plaintiff, January 23, 2007; by the Defendant, January 24,
2007.
4. Related claims pending: None.
5. (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: January 29, 2007.
Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: January 29,2007.
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155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID No. 89028
Date: January 30, 2007
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
Susan A. Kubn
PENNA.
STATE OF
No.
06-6090
Pl~inriff
VERSUS
Norma.n D. Kuhn, Jr.
Defendant
DECREE IN
DIVORCE
NOW.JP~~
~. IT IS ORDERED AND
AND
DECREED THAT
~l1~n A Kuhn
, PLAI NTI FF,
::-Norman D. Kuhn, Jr.
AND
, 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; ~
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PROTHONOTARY
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