HomeMy WebLinkAbout04-1450 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LINDA K. KLEIN,
HARRY A. KLEIN,
Plaintiff :
_-
_.
:
Defendant
CIVIL ACTION -- LAW
NO, CIVIL
1N 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 judgement 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 grounds 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 Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, PA 17013.
1F 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LINDA K. KLEIN,
HARRY A. KLEIN,
Plaintiff
Defendant
CIVIL ACTION -- LAW
NO. CIVIL
IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE
IRRETRIEVABLE BREAKDOWN
AND NOW, comes the above named Plaintiff, Linda K. Klein, by and through her
attorneys, Weigle & Associates, P.C., and Jerry A. Weigle, Esquire, and seeks to obtain a
Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more
fully set forth:
Plaintiff, Linda K. Klein, is an adult individual presently residing at 405 Maple Hill
Avenue, Borough of Shippensburg, Franklin County, Pemasylvania, since March 4,
1974.
Defendant, Harry A. Klein, is an adult individual presently residing at 336 East
Garfield Street, Borough of Shippensburg, Cumberland County, Pennsylvania,
since January 20, 2004.
The Plaintiff and Defendant are nationals and citizens of the United States of
America, and both have been bona fide residents of the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of the
Complaint in Divorce.
4. The Plaintiff and Defendant were married on June 19, 1971, in Shippensburg, PA.
5. There have been no prior actions of divorce or for annulment between the parties.
Plaintiff has been advised that counseling is available and the Plaintiff may have
the right to request that the court require the parties to participate in counseling.
7. The marriage is irretrievably broken.
The parties have lived separate and apart since January 21, 2003.
The Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in
Divorce from the bonds of matrimony and for such other and further relief to which
Plaintiff shall be entitled.
By:
WEIGLE & ASSOCIATES, P.C.
Jerry/A. Wei~le, Esquire
Attorney for Plaintiff
,~/
Attorney ID # 01624
126 East King Street
Shippensburg, PA 17257
Telephone 717-532-7388
VERIFICATION
I verify that the statements made in the foregoing Complaint in Divorce are true
and correct. I understand that false statements herein are made subject to the penalties of
! 8 Pa C.S. ~ 4904, relating to unsworn falsification to authorities.
Dated:
Linda K. Klein, Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LINDA K. KLEIN,
Plaintiff
V.
HARRY A. KLEIN,
Defendant
CIVIL ACTION -- LAW
NO. 04-1450 CIVIL
IN' DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
PATRICIA A. FREY, being duly sworn according to law, deposes and says that on April
8, 2004, a true and attested copy ora COMPLAINT IN DIVORCE UNDER SECTION 3301(c)
OR 3301(d) OF THE DIVORCE CODE was served upon the Defendant, Harry A. Klein. Manner
of service: by mailing the same postage paid, certified mail, addressee only, and return receipt
requested, at Shippensburg, Pennsylvania, addressed as follows:
Mr. Harry A. Klein
336 East Garfield Street
Shippensburg, PA 1725:7
The return receipt signed by the Defendant is evidence of delivery to him and is attached
hereto as "Exhibit A."
Patricia A. Frey ~
Sworn to and subscribed before
me thi~ 29th day of June, 2004.
Notary Public ....
~a R Wo~rd,
hippe~burg ~ro, Cum~a~
LINDA K. KLEIN,
Vt
HARRY A. KLEIN,
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
:
:
:
Defendant :
CIVIL ACTION - LAW
NO. 04-1450 CIVIL
lin DIVORCE
PROOF OF SERVICE
O~h~
Ebh9 DODO DDSD EODL
"EXHIBIT A"
LINDA K. KLEIN,
HARRY A. KLEIN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -- LAW
Plaintiff .
: NO. 04-1450 CIVIL
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
A complaint in divorce under § 3301(c) &the Divorce Code was filed on April 5, 2004.
The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from thc date of filing and service of the Complaint.
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. § 4904 relating to unsworn
falsification to authorities.
Dated:
Linda K. Klein, Plaintiff
LINDA K. KLEIN,
HARRY A. KLEIN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -- LAW
Plaintiff :
: NO. 04-1450 CIVIL
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) 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 ifI do not claim them before a divorce is granted.
3. I understand that I w/Il not be divorced until a divorce d ,~ '
e~ree ~s 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.
Dated:
Linda K. Klein, Plaintiff
LINDA K. KLEIN,
HARRY A. KLEIN,
IN THE COURT OF COMMON' PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -- LAW
Plaintiff .
NO,, 04-1450 CIVIL
;
Defendant : IN DIVORCE
AFFIDAVIT OF CONSEiNT
A complaint in divorce under § 3301(c) of the Divorce Code was filed on April 5, 2004.
The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
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. § 4904 relating to unswom
falsification to authorities.
Dated:
arry A. Klein,
IN THE COURT OF COMMON iPLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LINDA K. KLEIN, :
Plaintiff :
HARRY A. KLEIN, :
Defendant :
CIVIL ACTION -- LAW
NO. 04-1450 CIVIL
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER § 3301(e) AND § 3301(d) 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 proper~y, lawyer's 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 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.
Dated:
Page 1 of 1 1
MARITAL AGREEMENT
THIS AGREEMENT, made this _~day of ~'~~ ,2003, by and between
HARRY A. KLEIN, hereinafter referred t6 a~ Husband, of ~q~i~,eo'.,s.I~un~, 32 Walnut Bottom Road,
Shippensburg, Cumberland County, Pennsylvania, and LINDA K. KLEIN, hereinafter referred to as
Wife, of 405 Maple Hill Avenue, Shippensburg, Franklin County, Pennsylvania.
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on June 19, 1971, in
Shippensburg, Cumberland County, Pennsylvania, with one adult child having been bom of the
marriage; and
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, and the parties hereto are
desirous of settling their respective financial and property rights and obligations as between each other
including, without limitation by specification: the equitable division of marital property; and the
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.
NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants
and under takings hereinatler set forth which are hereby acknowledged by each of the parties hereto,
Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows:
AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar 'the fight of Wife or Husband to a limited
or absolute divorce on lawful grounds, if such grounds exist or shall hereafter exist or to such defense as
may be available to either party. 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. The parties intend to secure a mutual consent, no-fault divorce pursuant
to the terms of Section 3301¢) of the Pennsylvania Divorce Code, as amended.
EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final decree in divorce may be entered with respect
to the parties.
WEIGLE & ASSOCIATES, I~C, -- ATTORNEYS AT LAW - 126 EAST KINg STREET -- SHIPPENSBURg, PA 17257-1397
Page 2 of I l
AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The parties agree that the terms of this Agreement may be incorporated into any divorce decree,
which may be entered with respect to them.
DATE OF EXECUTION
The "date of execution" or "execution date" of the 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.
ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect ]Nave been fully explained to Husband, by
Jerry A. Weigle, Esquire, who is attorney for Wife and who prepared this marital agreement. Husband
acknowledges that hc has been advised of his right to seek indcpandent legal counsel and he has decided
not to do so. Both parties acknowledge that they fully underst~d the facts and have been fully informed
as to their legal rights and obligations and understand the same. Thc parties hereto further acknowledge
and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered
into freely and voluntarily ailer having received such advice and with such knowledge, and that
execution of this Agreement is not the result of any duress or m~due influence and that it is not the result
of any collusion or improper or illegal agreement or agreements.
PERSONAI~ RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be
free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as
fully as if they were unmarried. They may raside at such place as they may select. 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. Wifu 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 him or her.
SEPARATION DATE
Thc parties do hereby ackn0wlcdgc that they separated on Sanuary 21, 2003. It is hereby agreed
that January 21, 2003, shall be the separation date for purposes of equitable distribution under the
Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed
by each of thc parties. No attempt at reconciliation shall be considered to alter the separation date unless
evidenced by written agreement.
Page 3 of 1 1
MOTOR VEHICLES
A. The parties agree that Wife shall become the sole and exclusive owner of the parties'
1998 Dodge Stratus automobile.
B. The parties agree that Husband shall become the sole and exclusive owner of the parties'
1989 Dodge Caravan automobile.
C. The parties hereto agree to execute any and all documents that may be required to title the
Dodge Stratus automobile in Wife, and the Dodge Caravan automobile in Husband.
PERSONAL PROPERTY
A. Husband and Wife will hereby acknowledge and agree that the following items of
personal property presently located in the martial residence occupied by Wife and known as 405 Maple
Hill Avenue, Shippensburg, Franklin County, Pennsylvania,, shall become the sole and exclusive
property of Husband:
1. Husband's clothes in bedroom and basement closets
2. Husband's clothes and other items in bedroom bureau
3. Husband's books
4. Husband's files and personal items in home office
5. Husband's 45 rpm records
6. Husband's framed coin variety display
7. Equal division of various family pictures
8. One 8 x 10 picture of their daughter's high school graduation portrait
9. Equal division of various childcraft items made by their daughter
B. Husband and Wife also acknowledge and agree that the fourteen (14) family photograph
albums shall be kept intact and shall remain in the possession of Wife. Wife agrees to grant Husband
access to the albums at least one (1) time each calendar year, at a mutually convenient time, at which
time Husband may remove the albums from the Wife's residence. Husband agrees to keep the
albums intact and to return them to Wife within one (1) week.
C. Husband and Wife further acknowledge and agree that with the exception of the items of
personal property referenced in Paragraphs A and B above they have previously divided all other
tangible personal property, including but not limited to jewelry, clothes, furniture, fumishings, rugs,
carpets, household equipment and appliances, vehicles, pictures, books, works of art, home office
contents, and other personal property 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 of the
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 whatever claims, if any, he or she may
have with respect to the above items, which shall become the sole and separate property of the other.
Page 4 of 11
D. The parties agree that Husband shall have six (6) months from the date that a final decree
in divorce is entered to remove the items of personal property specified in Paragraph A above from the
marital residence solely at his own expense.
AFTER-ACQUIRED PERSONAl., PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the
other, all items of personal property, tangible or intangible, 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 not married.
REAL ESTATE.
The parties hereto acknowledge and agree that they are owners of the home real estate known as
405 Maple Hill Avenue, Borough of Shippensburg, Franklin County, Pennsylvania, and more
specifically described in Franklin County Deed Book 697, at Page 739. For and in consideration of the
mutual covenants and agreements herein contained in the body of this instrument, Husband and Wife
further stipulate and agree that said real estate shall be retained by Wife. Husband agrees to execute an
appropriate special warranty deed of conveyance to be prepared by Wife's Counsel immediately upon
the execution of this marital settlement agreement. The parties further agree to the following with
respect to the above-referenced real estate:
1. In the event that Wife should predecease Husband, and Wife still owns the said premises,
Husband shall have the right to live in said premises for and during the remainder of his life provided
that he pay the requisite property taxes, insurance, utility expenses, and costs of maintenance on said
premises. Wife agrees to execute any and all additional legal documents deemed necessary by Counsel
to effect the spirit and intent of this paragraph.
2. In the event that Wife should sell the said premises during the lifetime of Husband, Wife
agrees to pay Husband the full stun of Sixteen Thousand ($16,000.00) Dollars.
WAIVER OF SPECIFIED CLAIMS OR
TO SPECIFIED ASSETS BY' WIFE
Wife hereby waives any and all right to claim any interest or share in the following assets which
constitute a part of the marital estate:
I. Husband's early retirement and disability pension earned by Husband through the
Carlisle Area School District valued in the approximate amount of $31,681.
2. Husband's Nationwide Life Insurance Policies numbered L013687670, L011896280, and
L012450140, in the face amounts of $7,000, $20,000, and $10,000, respectively, and with total
approximate cash surrender values of $30,500.
Page 5 of 1 l
3. Any Social Security payments paid to Husband from the date of this Marital Settlement
Agreement.
4. Any Nationwide Insurance disability income policy payments received by Husband from
the date of this Marital Settlement Agreement.
WAIVER OF SPECIFIED CLAIMS OR
TO SPECIFIED ASSETS BY ]kqJSBAND
Husband hereby waives any and all right to claim any interest or share in the following assets
which constitute a part of the marital estate:
1. Wife's Prudential Life Insurance Policy numbered 42210820, in the face mount of
$5,000, and with approximate cash surrender value of $6,700.
2. Wife's Nationwide Life Insurance Policies numbered L021317220 and L014727440, in
the face amounts of $10,000 and $5,000 respectively, and with total approximate cash surrender values
of $6,400.
3. Wife's IRA Account through Edward Jones, Account #4039171816, with an approximate
value of $3,200 as of the date of execution of this agreement.
4. Wife's Legg Mason SEP Retirement Account through Weigle & Associates, P.C., with
an approximate value of $12,000 as of the date of execution of l~s agreement.
5. Any Social Security payments paid to Wife fi:om the date of this Marital Settlement
Agreement.
MUTUAL FUNDS
1. Husband and Wife's Mutual Fund known as the Vanguard Group Mutual Fund (Account
# 007450100) with an approximate value of $6,026 as of the date of execution of this agreement, shall
become the sole and exclusive property of Husband. Wife agrees to execute any and all requisite legal
documents to transfer the title of this marital asset from Husban,d and Wife to Husband.
2. Husband and Wife's Mutual Fund Investment tlu:ough the Gartmore Funds (Account
#22-1611249701) with an approximate value orS10, 175 as of the date of execution of this agreement,
shall become the sole and exclusive property of Husband. Wife agrees to execute all requisite legal
documents to transfer the title of this marital asset from Husband and Wife to Husband.
Page 6 of 1 1
FUNDS ON DEPOSIT AT BANKS OR FINANCIAL INSTITUTIONS
AND BANK CERTIFICATES OF DEPOSIT
The parties hereto acknowledge and agree that they presently own together as Husband and Wife
bank accounts and certificates of deposit at various institution,,;. Husband and Wife agree to divide said
accounts and certificates of deposit as follows:
A. To Husband
1. Pennsylvania State Employees Credit Union Account (Account #0457636223) in the
approximate amount of $1,000 as of the date of execution of this agreement
2. Orrstown Bank Savings Account (Account #702000410) in the approximate amount of
$1,300 as of the date of execution of this agreement.
3. Allfirst Bank Savings Account (Account #87004937768085) in the approximate amount
of $829 as of the date of execution of this agreement.
4. Allfirst Bank Money Market Account (Account #98038001) in the approximate amount
of $8,900 as of the date of execution of this agreeme~tt.
B. To Wi~
1. National Education Association Money Market Account (Account #572422236 ) in the
approximate amount of $5,992 as of the date of exec-ution of th.is agreement.
2. Allfirst Bank Checking Account (Account #20290497) in the approximate amount of
$1,600 as of the date of execution of this agreement.
3. Allfirst Bank Savings Account (Account #98221469) in the approximate amount of
$14,200 as of the date of execution of this agreement.
4. Certificates of Deposit (as outlined in Exhibit A attached hereto and incorporated herein)
in the approximate amount of $20,786 as of the date of execution of this agreement.
HOUSEHOLD PET, ROCKY
Husband and Wife acknowledge and agree that the couple's dog, Rocky, shall remain in the
possession of the Wife, with Husband having the right to come: and visit said pet at the marital residence
twice per calendar month at times convenient to both Husband and Wife. Said visits shall occur outside
Wife's residence, weather permitting, and inside during periods of very cold or otherwise inclement
weather. The parties further agree in the event that the Wife determines to give up the pet, Husbm~d
shall have the right to take possession before Wife attempts to sell or otherwise dispose of said animal.
In the event that Wile determines to give up the pet and Husband wishes to take possession but is unable
Page 7 of 11
to do so in his housing situation at that time, Wife agrees to pay Husband a one-time payment of $500,
unless Husband agrees to waive payment, to allow I-[usband to board the pet until he can find housing
that will allow the pet. All veterinary expenses shall be shared equally by Husband and Wife; all other
pet expenses shall be borne by Wife.
WARRANTY AS TO EXISTING OBLIGATIONS
Each party represents that he or she has not heretofore incurred or contracted for any debt or
liability or obligation for which the estate of the other party may be responsible or liable except as may
be provided for in this Agreement. Each party agrees to indemnify and hold the other party hamaless
from and against any and all such debts, liabilities or obli[gations of every kind which may have
heretofore been incurred by them, including those for necessities, except for the obligations arising out
of this Agreement.
WARRANTY AS TO FUTURE OBLIGATIONS
Wife and Husband each covenant, warrant, 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 after the execution date of this Agreement, except as may be otherwise specifically
provided for by the terms of this Agreement and that neither of them shall hereafter incur a liability
whatsoever for which the estate of the other may be liable.
LEGAL YEES
Wife shall pay the cost of legal fees incurred in preparation of this marital agreement and all
related legal documents to effect the spirit and intent of this marital settlement agreement, and all legal
fees and costs in connection with obtaining a 3301(c) No-Fault Consent Divorce. Husband agrees to
cooperate by executing any and all consents and other legal documents required to effectuate said
divorce, and the full force and effect of this marital settlement agreement, as may be reasonably
requested by Wife's legal counsel.
INCOME TAX RETUR31S
The parties agree to file separate federal and state income tax returns. Wife agrees to provide
Husband with complete copies of the couple's last three (3) Federal and State Income Tax returns with
all backup receipts, notices, and other documents substantiating the numbers used on said returns.
MUTUAL RELEASES
Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the
other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any
and all rights, title and interest, 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 whatsoever nature and
wheresoever situate, which he or she now has or at any time hereafter may have against such other, the
WEI(~LE ~ aSSOCIATES. I~C. -- ATTORNEYS AT LAW -- 126 EAST KIN(~ STREET SHIPPeNSBURG, PA 17257-1397
' ' ' Page 8 of 11
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, courtesy, or claims in the nature of dower or courtesy or
widow's or widower's rights, family exemption or similar ailowance, 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 ail 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, Commonweaith or territory of the
United States, or (c) any other country, except, and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise trader this Agreement or for the breach of
any provision thereof. It is the intention of Husband and Wife: to give to each other by the execution of
this Agreement a full, complete and generai release with respect to any and all property of any kind or
nature, real, personai 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 provision thereof.
WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the temas hereof shall be vaiid unless in writing and signed
by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
DIVORCE
The parties hereto agree to enter into a mutuai consent divorce under Section 3301(c) of the
Pennsylvania Divorce Code, as amended. Wife agrees to pursue and pay for a divorce action to be filed
in the Court of Common Pleas of Cumberland County, Permsylvania. Husband agrees to sign the
necessary documents, including the Affidavit of Consent, at such time after the ninety (90) days of filing
of the Complaint and further instruments that may be reasonably required to give full force and effect to
the provisions of this Agreement.
MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take any and all steps and execute,
acknowledge and deliver to the other party any and ail future instruments and/or documents that the
other party may reasonably require for the purpose of giving full force and effect to the provisions of
this Agreement.
LAW OF PENNSYLVANIA APPLICABI,E
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
Page 9 of I 1
AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall insure to lhe benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
BREACH
If either party breaches any provision of this Agreement, the other party shall have the right, at
his or her election, to sue for damages for such breach or seek such other remedies or relief as may be
available to him or her, and the party breaching this contract shall be responsible for payment of legal
fees and costs incurred by the other in enforcing their rights under this Agreement.
WAIVER OF ALIMONY AND OTHER RIGHTS
The parties hereto have been informed of their rights by Wife's Counsel or have been advised to
seek counsel to inform them of their rights under and pursmmt to the Pennsylvania Divorce Code, as
amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital
property, counsel fees or expenses. Husband has decided not to seek independent counsel. Both parties
agree that this Agreement shall conclusively provide for the di[stribution of property nnder the said law
and except as specifically provided for in this agreement, hereby waive, release and relinquish any
further rights they may respectively have against the other for alimony, alimony pendente lite, equitable
distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire
either personal or real property in their own name. Any property so acquired shall be owned solely by
the individual and shall not be subject to any claim whatsoever by the other party.
FINANCIAL I)ISCLOSIJRE
The parties confirm that they have relied on the substantial accuracy of the financial disclosure
of the other as an inducement to the execution of this Agreement.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the parties and supersedes any and all
prior agreements and negotiations between them. There are ne, representations or warranties other than
those expressly set forth herein.
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 hereafter 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 it be construed as a waiver of strict
performance of any other obligations herein.
Page I0 ofl 1
RESUMPTION Ol~ COHABITATION
The parties hereto specifically agree that all terms and conditions of this agreement shall remaia
in full force and effect at all times subsequent to the date of execution of this agreement and even under
circumstances where the parties live together and/or cohabit together either occasionally or permanently
and whether such living together or cohabitation occurs while married or as divorced partners.
SEVERABILITY
If any term, condition, clause or provision of this Agn,'ement shall be determined or declared to
be void or invalid in law or otherwise, then only that term, condition, clause or provisions 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 uny party' to meet her or his obligations under any
one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent,
shall in no way void or alter the remaining obligations of the p~mies.
HEADINGS 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.
VOLUNTARY EXECU']?ION
The parties acknowledge that they have read ail of the provisions of this agreement and
understand the same. The parties further represent that each feels that this agreement is fair and
equitable und represent that they are entering into this agreement voluntarily and not as a result of any
duress or undue influence.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
WITNESS:
Harry A. ~:lein ~r, ..~ ,,
Linda K. Klein
Page H ofl I
COMMONWEALTH OF PENNSYLVANIA
:§
COUNTY OF CUMBERLAND :
On this, the day of ,2003, before me a Notary Public,
the undersigned officer, personally appeared ~][ARRY A. KLEIN, known to me to be the person whose
name is subscribed to the within Agreemellt and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
_ deny A. Weigle, Not~¥ Public
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I.
On this, the ~ day of ~ ,2003, before me a Notary Public,
the undersigned office~, personally appeared LII~lpA K. KLEIN, known to me to be the person whose
name is subscribed to the within Agreement and acknowledged that she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
(SEAL)
EXItIBIT A
CERTIFICATES OF DEPOSIT
National Education Association
#407935588
#406304240
#408017030
#408125221
#408125304
~408191975
#408531659
#408572521
#408572539
#408818957
$1,250
$1,017
$1,234
$1,249
$1,231
$1,221
$1,198
$1,256
$1,220
$1,177
F & MBank
#068912 $1,094
#068913 $1,094
Keystone Financial
#31003910527919
#31003910527943
$1,135
$1,417
M& TBank
#31003910548147
#31003910548155
#31003910899962
$1,135
$1,589
$1,269
Total $20,786
C:'uMY DOCUMENTS'~iAK1TAL AGREEMENT 8-03 AMENDMENT.DOC
AMENDMENT TO MARITAL ,4 GREEMENT
THIS AGREEMENT made this ~, J day of (~.,,~t~.2-~ , 2003,
by and between HARRY A. KLEIN, Husband, of Theo's Inn, 32 Walvnut Bottom Road,
Shippensburg, Cumberland County, Pennsylvania, and LINDA K. KLEIN, Wife, of 405 Maple Hill
Avenue, Shippensburg, Franklin County, Pennsylvania.
WHEREAS, a Marital Agreement was entered into between Husband and Wife on
August 7, 2003; and
VqHEREAS, the parties inadvertently omitted the inclusion and disposition of the following
life insurance contract: Stonebridge Life Insurance Company (formerly J. C. Penney Life Insurance
Company) Policy No. 74L4387644; and
WHEREAS, the parties have come to an agreement with respect to disposition of the above
referenced life insurance policy on the life of Wife.
NOW VqlTNESSETH that the parties hereto, intending to be legally bound hereby, agree
to amend the marital agreement previously entered into and dated August 7, 2003, as follows:
The parties acknowledge and agree that a certain life insurance policy written by the
Stonebridge Life Insurance Company (formerly J. C. Penney Life Insurance Company)
dated November 10, 1990, on the life of Wife in the face amount of $30,000 shall
become the sole and exclusive property of Wife.
The parties further acknowledge that the provisions of said life insurance policy permit
Wife to cancel said policy after 15 years from its ,date of inception (November 10, 1990)
and to recover all premiums paid up to the date of cancellation.
3. The parties hereto further acknowledge and agree that premiums paid through the date
of separation equal $2,824.
The parties agree that in the event that Wife determines to cancel said policy of insurance
and receives the premiums paid thereon, Husband shall be entitled to the full sum of
$1,412 which equals one-half of all the policy premiums paid from the date of inception
through the date of separation.
Should Wife determine to continue the said policy 0f insurance, the parties hereto agree
that any and all premiums due and owing on said policy of insurance shall be the sole
and exclusive responsibility of Wife and that Wit~ shall have the sole and exclusive right
to determine who or whom the beneficiary or beneficiaries shall be.
In the event that Wife predeceases Husband with the above referenced policy in full force
and effect, Husband and Wife agree that Husband shall be entitled to the full sum of
$1,412 payable as a debt out of the estate of Linda K. Klein, deceased.
C:\MY DOCUMENTShMAP, ITAL AGKEEMENT 8-03 AMENDMENT.DOC
lin WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
this ~)x I day of August, 2003.
Harry~.~Klein, HiJ~b~i~d '~
C:\MY DOCUMENTS\MARITAL AGREEMENT 8-03 AMENDMENT.DOC
COMMONWEALTH OF PENNSYLVANIA :
:§
COUNTY OF CUMBERLAND :
On this, the '~/~C day of ~ .... , 2003, before me a Notary
Public, the undersigned officer, personally aplyared HARRY A. KLEIN, known to me to be the
person whose name ~s subscribed to the within Rmendment to lvlarital Agreement and acknowledged
that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal. ., //
NOTARIAL SEAL
Jerry A. V~igle, Notary Public
Shippensburg, PA Cumberland County
My Commission Expires October 7, 2006
(sE )
COMMONWEALTH OF PENNSYLVANIA :
:§
COUNTY OF CUMBERLc.~/~/Y ~: r~
On this, the *"2.~ ~ay of ~~'L~ ,2003, before mca Notary
Public, the undersigned officer, personally apl~tared LINDA K. KLEIN, known to me to be the
person whose name is subscribed to the within Attnendment to lvlarital Agreement and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hav~-'Iie~eunto set my hand and seal. // ,///
Jer~ A. Weigle, Notary Public'
Shlppen~burg, PA Cumberl,~nd Ceunty
My Commiss on ~p res October 7, 2006 [
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LINDA K. KLEIN, :
Plaintiff :
HARRY A. KLEIN, :
Defendant :
CIVIL ACTION -- LAW
NO. 04-1450 CIVIL
IN DIVORCE
PRAECIPE TO TRANSMIT KECORD
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 § 3301(c) of the Divorce Code.
Date and manner of service of complaint: April 8, 2004, by mailing postage paid, certified mail,
addressee only, and return receipt requested at Shippensburg, Pennsylvania.
Date of execution of the affidavit required by § 3301(c) of the Divorce Code: by Plaintiff
August 26, 2004, by Defendant August 12, 2004.
Related claims pending: None. The attached Marital Agreement between the parties dated
August 7, 2003, and Amendment to Marital Agreement dated August 21, 2003, shall be
incorporated but not merged into this Decree in Divorce pursuant to the said Agreement.
Date Plaintiff's Waiver in §3301(c) Divorce was filed with the prothonotary: September 1, 2004
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary:
September 1, 2004
WEIGLE & ASSOCIATES,~.~. q,.~
~--~' J~rry A. '~/eigle, Esquir~ [ ~f /
126 East King Street
Shippensburg, PA 17257
Telephone (717) 532-7388
1N THE COURT OF COMMON PLEAS
Of CUMBERLAND COU~TY
STATE OF .~.. PENNA.
LINDA K. KLEIN,
Plaintiff
VErsus
HARRY A. KLEIN,
Defendant
No. 04-1450
DECREE IN
DIVORCE
DECREED ThAT
LINDA K. KLEIN
2004
, IT IS ORDERED AND
__, PLAINTIFF,
AND HARRY A. KLEIN , 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; ~O~_
The attached Marital Agreement between the parties dated August 7, 2003,
and Amendment to Marital Agreement dated August 21, 2003, shall be
incorporated but not merged into this Decree
Agreement.
~' .... ~~~suant to said
~/THE ,~
ATTEST~~ J ·
PROTHONOTARY