HomeMy WebLinkAbout99-02691
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
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STATE OF t~~~ PENNA.
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PATRICIA ANN KLINGER
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No. 99-26CjJ Ci vi 1 Tenn
VERSUS
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OiARLES CLA)"I'ON KLINGER
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DECREE IN
DIVORCE
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2000 ,IT IS ORDERED AND
AND NOW,
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DECREED THAT
, PLAINTIFF,
PATRICIA ANN KLINGER
AND
r:HARLF:!,; CLAYTON KLINGER
, DEFEN DANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
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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; l'bne. The terrrs of the Marital Sett1enent Agreenent
d~ October 24. 2000 and filed with this Honorable Court on November 7, 2000,
are
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rut not merqed with this Decrer? in,bivorce.
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By THE COlJIH:
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MARRIAGE SETTLEMENT AGREEMENT
99- 'J..1,.9/ ~~l ~
AGREEMENT MADE this 24th day of October, 2000, by and between Patricia A.
Klinger ("Wife") - AND - Charles C. Klinger ("Husband"), at Harrisburg, Pennsylvania,
WHEREAS, the parties hereto are husband and wife having been married on June 16,
1973, at Lykens, Pennsylvania.
WHEREAS, one (1) child was born of this marriage; said child being: Sarah Klinger,
DOB 11l20/82,
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 desire to settle fully and finally their respective financial and
property rights and obligations as between each other including, without limitation by
specification: settling of all matters between them relating to the ownership and equitable
distribution ofreal and personal property; settling of all matters between them relating to the past,
present and future support, alimony and/or maintenance of Wife 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 consideralion of the foregoing 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, Wife and
Husband, each intending to be legally bound hereby, covenant and agree a~ follows:
1. Divol'ce and Separation. The parties agree to the entry of a decree in divorce
pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times
hereafter have the right to live separate and apart from each other and to reside from time to time
at such place or places as they shall respectively deem fit, free from any control, restraint, or
interference whatsoever by the other. Neither party shall molest the other or endeavor to compel
the other to cohabit or dwell with him or her by any legal or other proceedings, The foregoing
provision shall not be taken to be an admission on the part of either Husband or Wife of the
lawfulness or unlawfulness of the causes leading to their living apart.
2. Division of Property. Husband and Wife agree that the following constitutes an
equitable distribution of the marital property.
k The marital property consists of the following property:
I.
American Funds Accounts
63538163
63310788
$84,36247
$21,17341
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~ Solomon Smith Barney
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724-24757-18527 $156,389.49
3. Solomon Smith Barney
IRA 724-60187-12527 $67,428.33
4. Fulton Bank CD's
2530026536 $25,000.00 (Matures 2002)
25324305 $25,000.00 (Matures 2002)
5. Harris Savings CD
231288 $15,000.00
6. PNC Checking
5 140072404 $4,361.28
7. PNC
5000678447 $10,008.48
8.
Marital residence
$ I 02,000.00
TOTAL
$510,723.46
B. The following property shall become the sole and exclusive property of Wife: the
American Fund accounts, $123,683.72 from the Solomon Smith Barney account number 724-
24757-18527, Fulton Bank CD numbers 2530026536 and 25324305, and Harris Bank CD number
231288. This distribution takes into consideration that Wife previously received an advance
distribution of $2,000.00, receipt of which is acknowledged
C. The following property shall become the sole and exclusive property of Husband: the
marital residence, $32,705.77 from the Solomon Smith Barney account number 724-24757-18527,
Solomon Smith Barney IRA account number 724-60187-12527, PNC account number
5 J 40072404, and PNC account number 5000678447.
D. The following property shall be held for the sole and exclusive use and benefit of the
minor child: PNC account number 51-3004-6309.
D. The parties agree to execute any deeds, assignments, titles or other instruments
necessary and appropriate to accomplish the aforesaid division of property.
E. The parties represent and warranl to each other th:\! the property described in this
Agreement represents all of the property in which they have any right, tide and interest, and that
such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge
except those which are disclosed herein
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F. By this Agreement the parties have intended to effect an equitable division of their
jointly owned property. The parlies have determined that an equitable division of such property
conforms to a just and right standard, with due regard to the rights of each party. The division
of existing marital property is /lot intended by the parties to constitute in any way a sale or
exchange of assets, and the division is being effccted without the introdUCl1on of outside funds
or other property not constituting a part of the marital estate. It is the intcntion of the parties to
treat all transfers herein as non-taxable.
G. Except as expressly provided herein, Husband forever relinquishes any right and
interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever
relinquishes any right or interest she may now or hereafter have in any assets now belonging to
Husband.
H. Each of the parties shall hereafter own and enjoy independently of any claim or right
of the othe.', ;;:; items of property, be they real, personal or mixed, tangible or intangible, which
are hereafter acquired by him or her, 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 unmar~ied.
3.
as follows:
Debts. Husband and Wife agree to be responsible for the joint debts of the parties
All debts, contracts, obligations or liabilities incurred at any time in the past or future by
either party will be paid promptly by said party, unless and except as otherwise specifically set
forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that
each will now and at all times hereafter save harmless and keep the other or his or her estate
indemnified and save harmless from all debts or liabilities incurred by him or her, as the case
may be, and from all actions, claims and demands whatsoever with respect thereto, and from all
costs, legal or otherwise, and counscl fees whatsoever pertaining to such actions, claims and
demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or
liability for which the other or his or her property may be responsible, and shall indemnify and
save harmless the other from any and all claims or demands made against him or her by reason
of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees
unless provided to the contrary herein.
4. AUmoll)'.
A. Husband shall pay to Wife the sum of Five Hundred ($500.00) Dollars pcr month,
nonmodifiable, for her separatc support and maintenance for the period of ten (10) years from
the date of executing this agreement, or until his death, or her death or remarriage. Said payment
shall be sent and received no later than the third day of each month in which the payment is due.
Husband further agrees to take the appropriate steps to collatcralize these payments in the event
of his dcath or disability and agrces to provide yearly documentation documenting same upon
demand. It is the intention of the partics that Wife's cohabitation with allY man or men shall be
the cquivalent of her relllarnage for purposes of this paragraph.
B. The parlles agrec that the entire amount bcing paid to Wifc pursuant to tIllS paragraph
is a separate maintenance periodic payment, included and intended to be included with the
income of Wife within the meaning and intent of Section 71 of the United States Internal
Revenue Code of 1954 and deductible from the Husband's gross income pursuant to the
provisions of Section 215 of the United States Internal Revenue Code of 1954. Wife agrees that
all said payments shall be included as income to the Wife in her applicable tax returns and that
she shall pay such taxes as may be required by reason of such inclusion.
C. This Agreement has been negotiated and executed under the assumption that the
payments for alimony to Wife shall be deductible by Husband. If, as a result of a binding
determination to the contrary or because of some subsequent change in the governing law or its
authoritative interpretation, the payments or any part of the payments will no longer be deductible
by Husband, then the sums payable by Husband to Wife under paragraph 4A shall be reduced
by the amount of his increased tax obligation.
D. The parties agree that the alimony provision takes into account the parties' overall
economic circumstances including the equitable distribution of property herein and so shall not
be subject to modification by any court.
5. Full Disclosul'e. The respective parties do hereby warrant, represent and declare
and do acknowledge and agree that each is and has been fully and completely informed of and
is familiar with and cognizant of the wealth, real and/or personal property, estate and assets,
earnings and income of the other and that each has made a full and complete disclosure to the
other of his or her entire assets and liabilities and any further enumeration or statement thereof
in this Agreement is specifically waived.
6. Releases. Each party does hereby remise, release, quitclaim and forever discharge
the other and the estate of the other from any and every claim that each other may now have, or
hereafter have or can have at any time, against the other, or in and to or against the other's estate,
or any part thereof, whether arising out of any former contracts, engagements or liabilities of the
other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate
laws, or the right to take against each other's will, or for support or maintenance, or of any other
nature whatsoever, except any rights accruing under this Agreement.
7. Indemnification. Each party represents and warrants to the other that he or she
has not incurred any debt, obligation, or other liability, other than described in this Agreement,
on which the other parly is or may be liable. Each party covenants and agrees that if any claim,
action or proceeding is hereinafter initiated seeking to hold the other party liable for any other
debts, obligations, liability, act or omission of such party, such party will at his or her sole
expense, defend the other against any such claim or demand, whether or not well-founded, and
thai he or she will indemnify and hold harmless the other party in respect of all damages as
resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost,
expense, penalty, and other damage, including without limitation, counsel fees and other costs
and expenses reasonably incurred inlllvestigating or attempting 10 avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to HlIsband or Wife from any inaccurate
representation made by or on behalf of either Husband or Wife to the other in this Agreement,
any breach of any of the warr3l1ties made by Husband or Wifc in this Agrecment, or breach or
default in performance by Husband or Wife of any of the obligations to be performed by such
party hereunder. The Husband or Wife agrees to give the other prompt written notice of any
litigation threatened or instituted against either party which might constitute the basis for a claim
for indemnity pursuant to the terms of this Agreement.
8. General Provisions. 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 warranties other than those expressly set forth herein.
9. Fail' and Equitable Contents. The provisions of this Agreement and their legal
effect have been fully explained to the panies by their respective counsel. Each party
acknowledges that he or she has received independent legal advice from counsel of his or her
selection and that each fully understands the facts and has been fully informed as to his or her
legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under
the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after
having received such advice and with such knowledge, and that execution of this agreement 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.
10. Breach. It is expressly stipulated that if either party fails in the due performance
of any of his or her material obligations under this Agreement, the other party shall have the
right, at his or her election, to sue for damages for breach thereof, to sue for specific
performance, to rescind this Agreement, or to seek any other legal remedies as may be available,
and the defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance hereunder.
II. Execution of Documents. Each party shall on demand execute any other
documents that may be necessaty or advisable to carry out the provisions of this Agreement.
12. AplllicabIe Law. This Agreement shall be construed under the laws of the
COlllmonwealth of Pennsylvania.
13. Non-Merger. This Agreement shall not merge with any subsequent decree in
divorce between the parties but shall survive such decree and be entirely independent thereof.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
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Pallicl3 A. Klinger
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Charles C Klmger .
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(b) Date Defendant's Waiver of Notice in {l3301(c) Divorce was filed with the
Prothonotary: November 30, 2000.
6.
(a)
Defendant's social security number is: 194-36-0998.
(b) Plaintifl's social security number is : 177-42-0451.
Respectfully submitted,
Date: /t- /- cl-fJ (JfJ
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Melissa Peel Greevy, Esquire
J.D. No. 77950
214 Senate Avenue Suite 105
Camp Hill, PA 1701 1-2336
(717) 763-8995
Attorncy for the Plaintiff
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!'ATRICIA ANN KLINGER,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
9'1. .2(,r;/
No. Civil 1999
IN DIVORCE
CHARLES CLAYTON KLINGER,
Defendant.
COMPLAINT IN DIVORCE UNDER ~ 3301 (c) OF THE DIVORCE CODE
Plaintiff, by and through his attorney, Melissa Peel Greevy, respectfully represents:
I. Plaintiff is Patricia Ann Klinger, who currently resides at 422 5th Street, New
Cumberland, Cumberland County, Pennsylvania.
2. Defendant is Charles Clayton Klinger, who currcntly resides at 422 5th Strect
New Cumberland, Cumberland County, Pennsylvania.
3. Plaintiffs Social Security Number is 177-42-0451.
4. Defendant's Social Security Number is 194-36-0998.
5. Plaintiff and Defendant have both been bona lide residcnts of the Commonw('alth
of Pcnnsylvania for a pcriod of more than six months immedialely prcceding the liIing of this
Complaint.
6. Thc parties were marricd 011 June 16.1973. in Lykcns, Dauphin Coullly.
Pennsylvania.
7. Plaintiff and Defendant are the parents of one child who rcside with Plaintiff and
DeCcndant.
Sarah Janelle Klingcr age 16 Born: 11/20/82
8. Neither Plaintiff nor Dcfendant is in thc military or naval service of the Unitcd
States or its allies within the provisions ofthc Soldiers' and Sailors' Civil Relicf Act of the
Congrcss of 1940 and its amcndments.
9. Therc have been no prior actions of divorce or annulment betwecn the parlies.
10. The marriage is irretrievably broken.
II. Plaillliffhas been advised that counseling is available and that Plaillliffmay havc
the right to request thc court require thc parties to participate in counseling.
12. Plaintiff requests the court to enter a decree ofdivorcc.
13. The parties may, but have not yet, entered a written agreement with regard to
custody and visitation of the minor child and property division.
WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce,
divorcing Plaintiff and Defendant.
COUNT II
EQUITABLE DISTRIBUTION
14. Paragraphs I through 13 of this Complaint are incorporated by referencc as
though set fortll at length.
15. Plaintiff and Dcfcndant have acquired property during the course of their marriagc
until the date of their separation.
16. Plaintill'and Defendant have not reached an agre'~l11ent as to an equitable division
of said property.
WHEREFORE, Plaintiff requests your Honorable COUl1to equitably divide all marital
property.
COUNT III
CUSTODY
17. Paragraphs I through 16 of this Complaint are incorporated by reference as ifset
forth at length.
18. Plaintiff seeks custody of the minor child born of this marriage:
Sarah Janelle Klinger age 16 Born: 11/20/82
19. The minor child resides with Plaintiff and Defendant.
20. Plaintiff has no information of any custody proceeding concerning the minor child
pending in this or any other State.
21. Plaintiff has not participated as a party or witness, or in any other capacity, in
other litigation concerning the custody of the minor child in this or any other court.
22. The minor child was adopted by the parties.
23. The best interests and permanent welfare of the child will be served by granting
the relief requested because:
a. Plaintiff is and has always been the primary care giver for the minor child;
b. Plaintiff will be cooperative to assure the child have frequent and
continuing contact with the Defendant.
24. Each parent, whose parental rights to the child have not been ternlinatcd, and the
pan'nt who has physical custody of the child has been named as parties to this action. No other
persons are known to have or claim a right to custody or visitation of the child.
WHEREFORE, pursuant to the Custody Act, 23 Pa. e.s. ~ 5301,!j ~., Plaintiff
requests that Your Honorable Court grant the pal1ies shared legal custody and shared physical
custody of the minor child.
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I'ATRICIA ANN KLINGER,
Plaintin~
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
CHARLES CLAYTON KLINGER.
Defendant.
No. 99-2691 Civil Term
IN DIVORCE
AJIFJl)A VIT OF CONSENT
I. A Complaint in divorce under Scction 3301(c) of the Divorce Code was filed on May
5,1999.
2. The marriage of plaintiff and dd"endant is irretrievably broken ana ninety days have
elapsed from the date of liling and service of the Complaint.
3. I consent to the entry of a linal decree of divorcc after service of intention to request
entry of the decree.
I verify that the stalements made inlhis affidavit arc true and correct. I understand that
false statcments hcrein arc made subject tll the penaltics of 18 Pa. C. S. S 4904 relating to
unsworn falsilication to authorities.
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Charles Clayton Klinger ,f
Defendant
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