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HomeMy WebLinkAbout97-03316 I/) ~ \""'..... "'. \ I , i I , / , . :) - i I -..) ! ~I t' C)- ., ~, I I .. ~ ~ .. ~, .:,1 ~ ~ ~ ~i ~! . , ~I -,,/ ~I. .. 'I ... .'. ;i: '.' ;i: '.' ;i: '.' ;i: '.' ;i: '.' ~ ~ ~ '.' ~ ~ ;i: '.' ~ ~ ~ ~ v '/ . .. .. . ****~*******.~.~*~.*.~**~*.~,*****~_.~ ~I "-----..---~- ...-. .....-~~-...-..-..-.~~-~ ,--....",,-,-,_. -.- ~... "-..._....-~...._..,-, ~-->-~...-..._--------------........................_-, ii! :! IN THE COURT OF COMMON PLEAS : Sj ~ ~I OF CUMBERLAND COUNTY S ~ ~ STATE OF ~~~~ PENNA, ~ ':.14,.11I"';'; ..~r ~ ~ ~ ;i: '.' SHERRY JEAN KLING, Plaintiff ;\; ll. 97-3316 CIVIL \' t 'r...; II."; TODD RICHARD KLING, Defendant ~ DECREE IN DIVORCE ANDNOW,...}..J~.~!'~~~..'1....,..... 19.97.. it is ordered and decreed that .!?~e.rry. J.~an. K,l,ing.......,..................... plaintiff, and . .T9d~ ,Ric.~,!rd. .K1i!l.9. . .. . " . . . " . " . . " . . . . . . " . " . ", 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 Th.e, .~~~.i.tal SetP.emen.t .Agreem!!nl; ,date<;l. O,~l;QlJe,r :n.,. .l9!l7 .i6.... ,h!!reby. .il)c;:o~pqrated intQ t1111;l, d.ec;:re.e. . in. .<:!,ivor,c:e.. . . . . . . . . . . . . , . . Il y T h r V;:: k? 0 A, , V. ~~. i I J ^Ih.~t: '. .1 _' /t)I, '-rc I( C( f ;.. f~ '/'. jS ~""~.7 .;;z:;.'t" III /'" /.2/1" ?J,? // ~lthonotar't! v ~ 7 ~ 7 ..... .... . .:.;. .~:. .:to:- .:.:- .:to:. .)f ~ .:.:. .:.;.:.;. .:.;. .:+;- .;+:. .:+;. .:.:- ':6:' .:.;. -:.: .:.: .:.:. .:.:. .:.;. ~ s * ~ ~ ;i: '.' ~ ~ <, ~ ;i: '.' ~ I, ~ ~ <, ~ l~ l$ .. ~ ~ 0:> ~ ~ I~ (~ ;~ I~ "0' , ~ ~ '. ,".' ~ * ~ ~ f. t MARRIAGE SETTLEMENT AGREEMENT ~-\'\h , \ \_ THIS AGREEMENT made this q day of <. )(. (\l )('-'-(' ,1997, by and between Todd Richard Kling, (hereinafter referred to as "Husband,") and Sherry Jean Kling, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on October 12, 1991; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights, obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way hQrass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. 1l. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated into any subsequent Degree in Divorce but shall not be merged therein and, except as herein expressly provided, the terms of this Agreement shall not be modifiable by the Court for any reason. l2. CONTINUED COOPERATION Each party agrees to execute such assignments, titles, or other documents as may be reasonably necessary or desirable to put into full effect the terms of this Agreement and shall do so upon the reasonable request of the other party. 13. BREACH If either party breaches any prov~s~on of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. l4. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 15. WAIVER OF CLAIMS Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, alimony f alimony pendente lite, counsel fees and expenses, and right to claim equitable distr.ibution of marital property. l6. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. l7. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure 3 Commonwealth of Pennsylvania: County of Cumberland ss PERSONALLY APPEARED BEFORE ME, this}7 "clay of this cclob.,.t. , 1997, a notary public, in and for the Commonwealth of Pennsylvania, Todd Richard Kling, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set y hand and official seal. Kennelh NotanaJ Seal ~ L SchIegej, Nolaty PublJc My Coinm Twp.. CUmberland County ~E~.M.~15 ~, Metn/Je,. PIn"..,.,..".. Assoelallon 01 ~0IIf1f1 Commonwealth of Pennsylvania: ss County of Cumberland PERSONALLY APPEARED BEFORE ME, this)? ~ay of this O'c<fibf'/( , 1997, a notary public, in and for the Commonwealth of Pennsylvania, Sherry Jean Kling, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. NotaJ1aJ Seal KennetIl L ScI1IegeI, NotaIy Public ~ Twp.. CUmberland County My ComrnlasIoO Explrns l.I.~ 15. 200' Mtm/Je,. Pennsytvan~ Association 0' Not.:ries 5 ... /----- ..., . , >- '1i ~";; c 1\ -tJ; ~~ tUl~:' -.....::J , .' "=i . r-' t;: (",I \n , , 0 f,: ...., {'-, , __.1 '" {l... ~ ~\ ..... I , ['(\ . C" Ir. " ,- l) (,' ( , 1- "1 ... tr C- " l- ...... ~ ~ j ~ ~ ~ 6 ~ >- ... " w " ..J W a. iD I- 0:: i 'll' <( I- ~ _ >- U'l > I W Z 0 ~ z - I- t"- n:: <( Ul , o ::E ~ t: ~ w 1: t"- < C\I ~ I Ul ~ ~ :;:: ~ ~ SHERRY JEAN KLING, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 3~' '" CIVIL TERM TODD RICHARD KLING, DEFENDANT 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 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator I s Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR AllNULMENT 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 Court Administrator Cumberland County Courthouse Fourth Floor Hanover and High Streets Carlisle, PA 17013 (717) 697-0371 Ext 6200 SHERRY JEAN KLING, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. . NO. 97-3316 CIVIL TERM . : TODD RICHARD KLING . IN DIVORCE . DEFENDANT : ACCEPTANCE OF SERVICE . I, Todd Richard Kling, accept service of the Complaint In Divorce in the above captioned matter. Dated: ?-tf.Q'7 /iA/ ~ lit ' Todd Richard Kling ~ 16 Lois Lane Mechanicsburg, PA l7055 DEFENDANT SHERRY JEAN KLING, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 3316 CIVIL TERM IN DIVORCE v. TODD RICHARD KLING, DEFENDANT WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) O~ THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's f,~.es 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 statement$ made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 1B Pa. e.s. Section 4904 relating to unsworn falsification to authorities. DATED: -10--QlQ- q~1 ~)hWV\A,! ~)COn Wi{, ()., Sh~~/Jean Kling . SHERRY JEAN KLING, . IN THE COURT OF COMMON PLEAS . PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 97 - 3316 CIVIL TERM . . . TODD RICHARD KLING, . IN DIVORCE . DEFENDANT : WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) O~ THE DIVORCE CODE 1. I consent to the entry of a final decree 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 a~d 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 subject to the penalties of 18 Pa. e.s. Section 4904 relating to unsworn falsification to authorities. DATED: Iv 29-'17 ~11J~L,t/ Todd Richard ..