HomeMy WebLinkAbout97-03316
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:! IN THE COURT OF COMMON PLEAS :
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~I OF CUMBERLAND COUNTY S
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STATE OF ~~~~ PENNA,
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SHERRY JEAN KLING,
Plaintiff
;\; ll. 97-3316
CIVIL
\' t 'r...; II.";
TODD RICHARD KLING,
Defendant
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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.. . . . . . . . . . . . . , . .
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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
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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
..