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HomeMy WebLinkAbout02-4938PAMELA J. KLINGER, Plaintiff STEpI]EN E. KLINGER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. CIVIL TERM : : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divome 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 PlaintiK. 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, High and Hanover Streets, Carlisle, Pennsylvania 17013. IY YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 NO~C~ Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apafiencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en comra de su persona. Sea avisado que si usted no se deflende, la corte tomara medidas y puede emrar una orden comra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 PAMELA J. KLINGER, Plaintiff STEPHEN E. KLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0./ ~ ~.~,q~7 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Pamela J. Klinger, by her attorney, Cara A. Boyanowski, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Pamela J. Klinger, is an adult individual who resides at 17 Glendale Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Stephen E. Klinger, is an adult individual who resides at 139 A. N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiffhas been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 10, 1979, in Middletown, Dauphin County, Pennsylvania. 5. The Plaintiffand Defendant are both citizens of the United States of America. 6. There have been no prior actions in divorce between the parties. 7. Plaintiff avers that there were no children bom of the marriage. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. The causes of action and sections of Divorce Code under which Plaintiffis proceeding 10. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaim, Plaintiffintends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaimiff and Defendant separated on May, 2001. WHEREFORE, the Plaintiffprays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. 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.A. §4904 relating to unsworn falsification to authorities. Pamela J. Klin~r, p'hintiffd Date: 'Cam A. Boyan0w~ki, E~uire Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff AGREEMENT BETWEEN PAMELA J. KLINGER AND STEPHEN E. KLINGER Cara A. Boyanowski, Esquire Counsel for Wife Stephen E. Klinger Husband, Pro Se TABLE OF CONTENTS SECTION I: Introduction 3 SECTION II: General Provisions 4 SECTION III: Alimony and Alimony Pendente Lite Provisions 10 SECTION V: Property Distribution Provisions 10 SECTION VI: Clos'mg Provisions and Execution 13 SECTION I INTRODUCTION between PAMELA J. KLINGER ("W'~e") and STEPHEN E. KLINGER (~Hushand). WITNESSETH: WHEREAS, Pamela L Klinger, Social Security Number 182-46-1920, was born on December 3, 1953, and currently resides at 17 Glendale Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREAS, Stephen E. Klinger, Social Security Number 175-48 4A. 30, Was born on April 5, 1955, and currently resides at 139 A North 21~t Street, Camp Hill, Cumberland County, Pennsylvania 17011. WHEREAS, the parties hereto are Husband and Wife, having been married on November 10, 1979, in Middletown, Dauphin County, Pennsylvania. 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 for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of W'ffe by Husband or of Husband by Wife; and, 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 ofthe mutual promises, set forth herein and for other good and valuable considerations, W'ffe and Husband, each intending to be legally bound hereby agree as follows: SECTION GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301 (c) of the Divorce Code of 1980, as amended and will e~ecute the docuraents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect alter such time as a final decree in divorce may be entered with respect to the parties, AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. 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 Agreement. 4 $. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Cara A. Boyanowski, Esquire. Husband acknowledges that he has the fight to legal counsel, but at~er acknowledgment of same has decided to sign this Agreement without the advice or assistance of a lawyer. The parties acknowledge that they fully und~ ~hmd 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, al~er having received such advice and with such knowledge and that execution oft/ds ^~'eement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shal/be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. PERSONAL Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unman'ied. 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, or malign each other or the respective fami/ies of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 5 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate oftbe other for all purposes fi.om any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maimenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth heroin. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereatter arising. The above relesze shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtsey, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take a~inst the spouse's will, or the right to treat a lifetime conveyance by the other as testamemary, or all other fights of a survivin~ spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequem entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the others estate under his or her will, otto act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequea~t to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the par'des contained in this Agreement and such fights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge fi.om all causes of action, claims, fights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he or she is aware of his or her fight to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years fi.om the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax andits~ ! 1. 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 or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreem~ by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes conteanpt) as if t/tis Agre~ent had been an Order of Cour~ and shall not be limited to those remedies specifically referred to in this Agreement. 7 13. LAW OF PENNSYLVANIA APPLICABI~E This Agreemem shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON ~ Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. 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 wan-anties other than those expressly set forth herein. 16. OTI~R DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereoO execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuafion of this Agreement. 17. 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 hereaf/er 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 the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obli~tions herein. 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVEbIANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otbenndse, then only that term, condition, clause or provision shall be stricken from this Agreement and in ali 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 any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Pamela J. Klin~r, 17 Glendale l~ve, Mechanicsburg, Pennsylvania 17055, or counsel for Pamela J. Klinger, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Stephen E. Klinger, 139 A North 21" Street, Camp Bill, Pennsylvania 17011, or counsel for Stephen E. Klinger, or such other address as Husband from time to time may designate in writing. 20. HIr~ADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. SECTION HI ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS 1. ALIMOI~/ The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alhnony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other payment for support, maintenance, alimony pendente lite or alimony, SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY 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 att 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 oftbe property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereaRer be the sole and exclusive property of the other. 2, RETIREMENT BENEFITS The parties agree that W'ff'e shall retain sole ownership and possession of~ of her retirement benefits and plans and Husband specifically releases and waives any and all interest, claim or right that he may have to these assets. 10 The parties further agree that Husband shall retain sole ownership and possession of all of his retirement benefits and plans and Wife spedfically releases and waives any and all interest, claim or right that she may have to these assets. BANK ACCOUNTS The parties agree that the balance of the jointly tried Citizen Bank savings account (approximately $6,000.00) and the balance of the jointly tifled PSECU checking account (approximately $6,000.00), shall become the sole and separate property of W'ffe, and Husband waives any interest, claim or right that he may have to these assets. It is further agreed between the parties, that Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that these accounts shall be the sole and separate property of the person in whose name they are rifled and each party waives any right, rifle or interest they may have in the other parties' account. 4. INVESTMENT ACCOUNTS The parties agree that the balance of the jointly rifled investment account, held through Prudential (approximately $6,000.00), shall become the sole and separate property of Wife, and Husband waives any interest, claim or right that he may have to these assets. 5. AUTOMOBILES The parties are the owners of various automobiles including a 2002 Toyota Camry automobile and a 1990 Chewolet pick-up truck. Husband and Wife agree that the 2002 Toyota Camry automobile shall be the sole and separate property of W'ffe, and Husband waives any right, rifle, or interest he may have in this vehicle. The parties further agree that the 1990 Chevrolet pick-up truck shall be the sole and separate property of Husband, and Wife waives any right, title, or interest she may have in this vehicle. Each party agrees to execute the necessary documents to transfer said automobiles as provided herein. 6. CURR~NT LIABIIJTI~S The parties hereto mutually represent to the other that neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable for at~er the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other paxty hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their beh~. 8. AFTER-ACOUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independanfly of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after thc parties' date of separation, 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. 9. REAL ESTATE A. Marital Residence - The parties acknowledge that they were the joint owners of a parcel of real estate located at 3818 Leyland Drive, Mechanicsburg, Cumberland County, Pennsylvania. The parties further acknowledge that this real estate was sold and settlement for same was held on December 7, 2001. The entire amount of the sale proceeds realized from the sale of the Marital Residence, which totaled approximately $60,000.00, were distributed solely to Wife. Husband acknowledges the receipt of these sale proceeds by Wife, and agrees to waive any right, title or interest he may have to same. B. 17 Glendale Drive. Mechanicsburg, Pennsylvania - Husband agrees that the real property known as 17 Glendale Drive, Mechanicsburg, Cumberland County, Pennsylvania, is and shall remain the sole and separate property of Wife. Husband acknowledges that he has no legal or equitable interest in this property. 12 SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. PAMEL~i KEINVER DATE STflPlqEN 1~ ICLINC,-ER 3_3 PAMELA J. KLINGER, Plaintiff STEPHEN E. KLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-49~8 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE Cma A. Boyanowski, Esquire, bring duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 22nd day of October, 2002, she did serve upon Stephe~ E. Klinger, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending same to him, by certified mail, addressed to 139 A. North 21 st Street, Camp Hill, Pennsylvania, 17011. The receipt for said Complaint is attached hereto as Exhibit "A." Said copy of the Complaint was duly indorsed with notice to Defendant to appear and answer or the matter would proceed without him. Sworn to ~d ~bseribed before me this ~day ~¥-z/~ijj~ti 0~.._~ ,2004. ] NOTARfAL SEAL --I ] PATRICIA A, PATTON, No/aryr. Public I Lower Paxton Twp., Dauphin ,..ounty J My Commission Expires .hme 20, 2006 By . ,yanowsld, Esq. Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 Attorney for Plaintiff · Comp)eta items t, £~ complete A, Signs~m ,,~ / item 4 if Restrict~l l~elivery isdesired, v~_.~ ~.~ /,/~/ i'3 Agent so that we can return the card to you r~ Ra~/~ted ~ I C. Date of · Attach this card to the back of the mai/piece, ~ v -- ~f'~ _ ~'7 ' PS Fo~ 3811, August 2001 PAMELA J. KLINGER, Plaintiff STEPHEN E. KLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4938 CIVIL TERM IN DIVORCE AFFH)AVIT OF CONSENT 10,2002. 2. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on October The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce afrer service of notice ofintention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statemems herein are made subject to the penalties of 18 Pa,C.S.A. §4904 relating to unswom falsification to authorities. Pamela J. Kl'~figer, Pltu'nf~f PAMELA J. KLINGER, Plaintiff STEPHEN E. KLINGER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-4935 CIVIL TERM : : IN DIVORC~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER f~301(C} OF THE DIVORCE CODE 1. I consent to the entry ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofpropen'y, lawy~s fees or expenses ill do not claim them before a divorce is granted. 3. I understand that 1 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 al~er it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand th. at false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: PAMELA J. KLINGER, Plainfi~ STEPHEN E. I~,INGER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-49~8 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 10, 2002. 2. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on October The marriage of Plalntiffand Defendant is irretrievably broken and ninety (90) days have elapsed fi.om the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unswom falsification to authorities. Date: Sto~hett E Klinge~, I)ef.~fidan~ SocialSecurityNo. / ?..q' 5/o~' Yr/a~c'9 PAMELA J. KLINGER, PLaintiff STEPHEN E. KLINGER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-4938 CIVIL TKRM : : IN DIVORCE WAlVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF T~F~ DIVORCE CODE 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, lawyers fees or expenses ifI 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 aRer it is filed with the Prothonotary. ! 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.A. ~4904 relating to unsworn falsification to authorities. Date: K].JNGER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 024938 CIVI~ TERM : : IN DIVORCE PRAIgCIPE TO TRANSM1T 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(c) of the Divorce Code. 2. Date and manner of service of the complaint: A copy of the Divorce Complaint was served upon Defendant by certified mail, return receipt requested on October 22, 2002. 3. (Complete either paragraph (a) or Co).) (a) Date of execution of the affidavit of consent requ/red by §3301 (c) of the Divorce Code: by Plaintiff.' February 20, 2004; by Defendant: February 23, 2004. (b)(1) Date of execution ofthe affdavit required by §3301 (d) ofthe Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/A. 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: N/A. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 25, 2004. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 25, 2004. Respectfully submitted, DAI ~l~.y ZUCKER & GINGRICH ~C~J0a A~. B~o,~0~,yanowslo', Esquir~~ Supreme Court I.D. No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff 1N THE COURT Of COMMON PLEAS PAMELA J. KLINGER, Plaintiff OF CUMBERLAND COUNTY STATE OF PENNA. NO. 02-4938 CIVIL TERM VERSUS STEPHEN E. KLINGER, Defendant AND NOW, DECREED THAT AND DECREE IN DIVORCE Pamela J. Klinger Stephen E. Klinger IS ORDERED AND PLAINTIFF, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NOne. The provisions of the parties' dated FeDruary 20, 2004, shall be incorporated, merged into this Decree in Divorce BY T~ Marriage Settlement Aqreement but not ATTEST: PROTHONOTARY