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HomeMy WebLinkAbout09-4639McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 260-1667 facsimile dcantor ,-mwn.com ROBERTA NEUFER-KLING, Plaintiff V. FRED N. KLING Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0q - q(a39 G-1vil le,1-04 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 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 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 the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. IF 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC By DWal),Zantor Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 260-1667 (fax) dcantor(aD,mwn.com Attorneys for Plaintiff Roberta Neufer-Kling Dated: July 9, 2009 McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor(@-mwn.com Attorneys for Plaintiff ROBERTA NEUFER-KLING, Plaintiff V. FRED N. KLING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. O - g439 IN DIVORCE COMPLAINT And now comes Plaintiff, Roberta Neufer-Kling, by and through her counsel, McNees Wallace & Nurick LLC, and files the following Complaint in Divorce. COUNTI Divorce Under 3301(c) or 3301(d) of the Divorce Code 1. Plaintiff is Roberta Neufer-Kling, who currently resides at 625 E. Siddonsburg Road, Mechanicsburg, York County, Pennsylvania, 17055. 2. Defendant is Fred N. Kling, who currently resides at 1109 East Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 24, 1987 in Camp Hill, Pennsylvania. 5. The parties separated on January 14, 2004. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. Plaintiff hereby waives her right to such counseling. 9. After 90 days have elapsed from the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 10. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 11. Plaintiff incorporates by reference paragraphs I through 10 of this Complaint. 12. Plaintiff and Defendant possess various items of personal marital property, as well as marital debts, which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests your Honorable. Court to equitably distribute all property, both real and personal, owned by the parties, as well as all marital debts. Count III Alimony 13. Plaintiff incorporates by reference paragraphs I through 12 of this Complaint. 14. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to fully support herself through appropriate employment. 15. Plaintiff requests the Court to determine and to allow her alimony pursuant to Section 3701 of the Divorce Code. WHEREFORE, Plaintiff requests the Court to enter an Order providing alimony for Plaintiff. Count IV ALIMONY PENDENTE LITE 16. Plaintiff incorporates by reference paragraphs I through 15 of this Complaint. 17. Plaintiff lacks sufficient funds to support herself and is unable to appropriately maintain herself during this action. 18. Defendant has adequate earnings to provide alimony pendente lite for Plaintiff. WHEREFORE, Plaintiff requests the Court to award alimony pendente lite to Plaintiff. McNEES WALLACE & NURICK LLC By Defta:D-edison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Roberta Neufer-Kling Dated: July 9, 2009 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: - 9 Q % Roberta Neufer-041 .`.1 T +'... rl??5 C,L,r. Y 1 i rr',; ?1I; -f-V0. So PO Al-`f ?? l8('tlg ? aa7 $7a ? ROBERTA NEUFER-KLING, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 09-4639 V. FRED N. KLING, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Divorce Complaint in the above matter. ed N. Kling Dated: / u 2009 ALED--DffiC;E OF THE PPOYI f-iO OTAPY 2009 JUL 20 Phi 2* 3 i UN, Y PENNSMANiA ROBERTA NEUFER-KLING, Plaintiff V. FRED N. KLING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4639 CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Debra D. Cantor, Esquire and McNees Wallace & Nurick LLC on behalf of Plaintiff, Roberta Neufer-Kling, in the above- captioned action. Dated: , 2009 McNEES WALLACE& NURICK LLC By- P ? I- A-,, K GCZbra De n Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as a pro se Plaintiff in the above-captioned case. Roberta Neufer-Kli g Dated: &A- ??" , 2009 t l-E P 'E l , iv, T 2009 OCT 29 PH 3: 19 ?L1Wt ..n'`13. ?sjjUN Y PFNhSYLVr?N?i ~'~. `~ MARITAL SETTLEMENT AGREEMENT ~_ ,cE(~3Cj THIS AGREEMENT, made this ~ L` day of ~~ LY , 20 ~ OC by a between Roberta Neafer-Kling, (hereinafter "WIFE") and Fred N. Kling, (l~ereinaf~r~ ,~_' _,_, "HUSBAND"); {~' ~ ~_ 1 i.7 ~' WITNESSETH: ~.~.ry~ `_ ~ ~.. W WHEREAS, the parties hereto were married on May 24, 1987, in Camp H~II, Cumberland County, Pennsylvania; and separated on January 14, 2004 ;and WHEREAS, the parties have no children of this mamage. WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, l~limony pendente life; and, in general, any and all other claims and possible cla#ms b~- one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party `and intending to be legally bound hereby, the parties do hereby agree. as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their Legal effect have been fully explained to the parties by their respective counsel. WIFE was represerrted by Debra Denison Cantor, Esquire but has elected to represent herself in the negotiation and execution of this Marital Settlement Agreement and HUSBAND is represented. by Joanne Harrison Clough, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either~obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not. been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and-equitable and is not the result of any fi'aud, coercion, duress,. undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce .pursuant to § 3301(c) and 3 301(d) of the Divorce Code. A divorce action was filed by HUSBAND/WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 09-4639 on July 10, 2009. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree contemporaneously with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "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. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present,. or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate taws, or the right to take against the spouse's will, or the right to treat a Lifetime conveyance by the:other:as testamentary or all other rights of a surviving 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. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which. either party now. has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the. right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a ~nesult of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. - WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. 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 harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 625 E. Siddonsburg Road, Mechanicsburg, York County, Pennsylvania, 17055. The parties agree that HUSBAND shall apply to refinance .the debt on the marital residence to his sale name and remove WIFE as an obligor thereon after execution of this Agreement. WIFE shall vacate the marital residence after HUSBAND.. hassettled the new mortgage and WIFE z has received the monies described below, and HUSBAND shall move in the marital residence.. The parties further agrce that HUSBAND shall ~' pay the mortgage, homeowners insurance, real estate taxes, utilities and all other expenses associated with said real property. A. ~ nronerty ~ ref~nced-:before-lt-is sold: In the event'HUSBAND is able to refinance the property and obtain sufficient loan proceeds, then HUSBAND shall tender the sum of FIFTY THOUSAND UOL~.ARS to WIFE at the time of said refinance. WIFE agrees to execute a Deed transferring her interest in the marital residence to HUSBAND in the event of said refinancing. HUSBAND agrees he will make any necessary repairs to the residence prior to eventual sale. B. If orooerty is aguced: In the event that HUSBAND is unable or elects not to refinance the current mortgage on the property, then WIFE may continue to reside in the home until .such time as HUSBAND tenders the sum of FIFTY THOUSAND DOLLARS to WIFE or until the time that the house is sold. HUSBAND and WIFE agree that the home will be immediately listed for sale once the HUSBAND feels that it is market ready. The parties further agree that HUSBAND shall pay the mortgage, and WIFE will pay the homeowners insurance, real estate taxes, utilities and all other expenses associated with said real property until the house is sold. C. When orooertti- wld~to~t ~',~n~rty.: HUSBAND shall list the property for sale when he believes there is substantial likelihood of receiving a good price for the sale of the residence. The parties agree that the net proceeds from the eventual sale of the residence shall be defined as the sales price of the marital residence less the mortgage, real estate commissions and other Sellers costs set forth on the Settlement Sheet .and the parties further agree said net proceeds shall be divided as follows: 1. From the net proceeds, HUSBAND shall be reimbursed for all monies he spent to improve: the property or make it more marketable for sale. 2. HUSBAND shall then receive the balance. of the net proceeds up to FIVE THOUSAND DOLLARS, and 3. In the event the remaining net proceeds are in excess of said Five Thousand Dollars, then HUSBAND and WIFE shall divide the remaining net proceeds SO'/o-SQ%. EXAMPLE:: If the house is refinanced prior to sale and Husband tenders the sum of 50,000.00 to WIFE at said:refinancing, and the house is subsequently sold and the net proceeds are $..20,000.00 and HUSBAND paid $ 2,000.00 in repairs to make the property ready for sale, the net proceed monies shall be divided as follows: 1. HUSBAND receives $ 2,000 to reimburse for the repairs; 2. HUSBAND- gets the next $ 5,000.00. 3. The remaining $ 13,000.00 is divided evenly between HUSBAND and WIFE with HUSBAND receiving an additional $ 6,500.00 and WIFE receiving $ 6,500.00. If there were no repairs made to the house, then HUSBAND would receive the first $ 5,000.00 and the parties would divide the remaining $15,000.00 evenly with each spouse receiving $ 7,500.00. HUSBAND and WIFE agree that the house shall be listed for sale no later than one year from the date of execution of this Agreement by both parties. 8. DEBTS. If a .party has acquired .debt, the parties agree that each shall assume full -and complete responsibility_for his or her own debts. HUSBAND/WIFE represents and warrants to HUSBAND/WIFE that since the separation he has not, and in the future he/she will not, contract or incur any debt or liability for which HUSBAND/WIFE or his/her estate might be responsible, and he/she shall.. indemnify and save HUSBAND/WIFE harmless from any and all ` claims or demands made against her by reason of such debts or obligations incurred by him/her' since the date of said separation, except as otherwise set forth herein. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall. indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation he has not, and in the future she will not, contract or incur any debtor liability for which HUSBAND or hishier estate might be responsible, and she shall indemnify and save HUSBAND c harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND is the owner of a 401 K previously called the EDS 401 K Plan through his employment. HUSBAND and WIFE agree that in consideration of other property transfers set forth in this Agreement, HUSBAND agrees to transfer to WIFE via a Qualified Domestic Relations Order, the sum of Forty-Five Thousand ($45,000.00) dollars from this EDS 401K Plan to a rollover IRA account in WIFE's name. HUSBAND shall bear the expense to prepare and file the Qualified Domestic Relations Order. WIFE hereby waives her right, title and interest to any of HUSBAND's EDS Pension and<or Retirement Plan also laiown as PPA apd any and all other retirement benefits of HUSBAND in consideration of the other property transfers set .forth in this Agreement. HUSBAND hereby waives his right to retirement. benefits of WIFE she previously cashed in, and forever waives any other right, title, claim or interest he -may have in any other retirement asset of WIFE. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during the marriage, and post-separation. The individual who holds. said benefits shall own. the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that have dived the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. LIFE INSURANCE. HUSBAND hereby waives any right, title, claim or interest he may have in any life insurance policy of WIFE. WIFE hereby waives any right, title, claim or interest she may have in any life insurance policy of HUSBAND. 12.. PERSONAL PROPERTY. The parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties: 13. VEHICLES. Each .party shall retain the vehicle titled in said party's individual name and the other party forever waives any claim thereto. 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any.. bankruptcy or financial reorganization proceedings of any kind while any.. obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes -any right to claim any exemption. (whether granted under State or Federal Iaw) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be .discharged or dischargeable, regardless of Federal or State law to -the contrary; and each.: party waives any and all .right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party,: or to a -third party, pursuant to the terms of this Agreement -shall constitute support and' maintenance and shall not be discharged in bankruptcy.- 15. ALIMONY, SPOUSAL SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, dischazge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding, that this Agreement constitutes a final determination for all tune of either party's obligations to contribute to the support or maintenance of the other. 16. ATTORNEY FEES, COURT COSTS. Each party hereby agrees. to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. HUSBAND shall pay the legal fees associated with the preparation and filing of the QDRO and the Consents, Waivers and other documents necessary to finalize the Divorce Action. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court cots and expenses (including interest and travel costs, ~ . i£ applicable} which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation. of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.} The right to obtain an inventory and the appraisement of all marital and non-marital property; . (b.) The right to obtain an income and expense statement of either P~Y~ (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente life, alimony, counsel fees and costs and expenses. Q 19. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cotrate with each other in order to carry through the terms of this Agreement, including but not. limited. to, the signing of documents. 20. VOID CLAUSES. If any term, condition, clause oX provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition,. clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. ENTIRE AGREEMENT. .This .Agreement contains the entire understanding'of the-'parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. iN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Roberta Neufer- ing (Wife) red N Kling ) 0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF . SS. On the I (.., day of ~u ~ , 2010, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned oi~icer, personally alb Roberta A. Neefer-Kling, known to me (or satisfactory proven) to be one of the parties executing the fvregciing instrument, and she acknowledges the foregoing instrument to be her flee act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Expires: ~ _ ~ ~ _ a o j y MM ~~~ NOTARIAL SEAL ublic GtNA UgALDI. Notary Camp Hill BorO. Cres February 21 ,, 9014 My Canmission Expi 1n COUNTY OF SS On the ~: ~ l ~, ; ; day of ~"i.~ L ~ , 2010,. before me, a Notary Public,' iii and Apr the Commonwealth of Pennsylvania, .the undersigned officer, personally appeared Fred N. Kling, known tb me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. r,~ GpVN GYM f P NIVSYLVANIA NOTARIAL SEAL GINA UBALpI, Notary Public Camp Hill Boro, Curnpgriand C12n~14 My Common F-~~ February Notary Public My Commission Expires: 11 ~~^,- ~- ~ << . JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 LUI~ t;i.:'Y~ lei t•' ~... aDl ~ ~jV~ ~ ~m 3 ~• ct~ ~. 6 Attorney for Defendant ROBERTA NEUFER-KLING, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 09-4639 Civil Term FRED N. KLING, Defendant CIVIL ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER § 3301 (c) OF THE DIVORCE CODE 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) Date of service: July 16, 2009 (b) Manner of service: Certified. Affidavit of Service filed: July 20, 2009 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: (a) By the Plaintiff: signed on July 22, 2010 and filed simultaneously with this document. (b) By the Defendant: signed on July 22, 2010 and filed simultaneously with this document. (c) Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (d) By the Plaintiff: signed on July 22, 2010 and filed simultaneously with this document. (e) By the Defendant: signed on July 22, 2010 and filed simultaneously with this document. 4. Related claims pending: NONE DATED: ~l ~~ ~ , Joann~larrison o gh, Esquire Attorney ID No. 3 4 1 3 820 Market Street Camp Hill, PA 17011 (717)737-5890 Attorney for Fred N. Kling ROBERTA NEUFER KLING, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~• N0.09-4639 Civil Team ~i r-S ~? ~, FRED N. KLING, :CIVIL ACTION `-_: ~7 ° `'~ Defendant : IN DIVORCE , .. ~ T. ~_... . ~ .'. AFFIDAVIT OF CONSENT , , ~ -' .-~ Go ,• ~. 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed'oi~ .July 10, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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 or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a List of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. Section 4904 relating to unsworn falsification to authorities. Date: ~ Zz D N. KLING ROBERTA NEUFER KLING, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~, N0.09-4639 Civil Term ~ ~ CIVIL ACTION FRED N. KLING, c? ~o Defendant IN DIVORCE _-- ~:=.~ `' ~ _~ _F T. f WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY .,., ~ ~ ~` OF DIVORCE DECREE UNDER `~` ~ § 3301(c) OF THE DIVORCE CODE '~ ~ r ., .. ~ ~. 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I -may Iose 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 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 I8 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: /ZT~Zo~o . KL ROBERTA rTEUFER-KLING, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVA~TIArr :,; r'a z-- • _~- v, : N0.09-4639 Civil Term __ ~ ' ~ `~ . _ ~ _,.: `, FRED N. KLING, CIVII. ACTION ~ ~ Defendant : IN DIVORCE ~'.' - ~ W _._ =~ . ;+ 1 _ .. AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on July 10, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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 or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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 I8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. D Date-~ O ROBERTA NEUFER ING ROBERTA NEUFER KLING, IN THE COURT OF COMMON PLEAS Plaintitl: :CUMBERLAND COUNTY, PENNSYLVANIA v, NO.09-4639 Civil Term FRED N. KLING, CIVII~ ACTION ~ , Defendant IN DIVORCE ~'' `=' ~~ e WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRlr. f~'~ ' _,- OF DIVORCE DECREE UNDER ~}~ § 3301tc1 OF THE DIVORCE CODE ~-~-~, ~~ ,.~ • '~ r .. ~ ;` - 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 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 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. DATE: ~ 1 j "~' ,~' ~ ~ ROBERTA NE R-KLING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERTA NEUFER-KUNG V. FRED N. KUNG NO. 09-4639 DIuU~RCE DECREE AND NOW, A.y,~~~ 1~ 1010 , it is ordered and decreed that ROBERTA NEUFER-KUNG ~` ,plaintiff, and FRED N. KUNG ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") AND, it is further ordered, adjudged and decreed, that the terms of the parties' Marital Settlement Agreement dated July 16, 2010, and attached hereto are incorporated herein but not merged herewith. r By the Court, g. r ~ ~ r o ~r+. c~~ cna:, yea -~o ~~-~ $• I7• 16 IJc~tic~. rncx:~leES -~-c' R~t~ ~h Z ROBERTA NEUFER-KLING, Plaintiff V. FRED N. KLING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-4639 Civil Term CIVIL ACTION IN DIVORCE n C --03 rnca Zrn x= cnr- v "c, ?a ?T N Q A W QUALIFIED DOMESTIC RELATIONS ORDER PREAMBLE a 3C co C? n m? ?rn --r o C?-r? oM This Order is intended to be a Qualified Domestic Relations Order ("QDRO") as defined in Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"). ORDER SECTION 1. REQUIRED BACKGROUND INFORMATION A. Identification of the Plan This Order applies to benefits under the Hewlett-Packard Company 401(k) Plan (the "Plan"). B. Identification of Participant 1. Participant's Name: Fred N Kling 2. Mailing Address: 148 Victor St. Hummelstown, PA 17036 3. Participant will keep the Plan advised at all times of Participant's current mailing address. C. Identification of Alternate Payee 1. Alternate Payee's Name: Roberta A Neufer-Kling 2. Mailing Address: 625 E Siddonsburg Rd Mechanicsburg, PA 17055 3. Alternate Payee will keep the Plan advised at all times of Alternate Payee's current mailing address. D. Alternate Payee's Beneficiary Alternate Payee may designate a beneficiary at any time following entry of this Order by following the Plan's beneficiary designation procedures. If Alternate Payee fails to make a valid beneficiary designation or if Alternate Payee's #612361 -1- Ed.062804 designated beneficiary is not living when any payment is to be made on Alternate Payee's behalf, then payment will be made in equal shares to Alternate Payee's survivor(s) in the first surviving class among the following: (1) spouse (including domestic partner as defined by the Plan), (2) children, (3) parents, (4) brothers and sisters, and (5) estate. E. Statement of Confidential Information The Social Security number and date of birth of Participant and Alternate Payee must be entered on a separate form supplied by the Plan entitled "Statement of Confidential Information". The form must be completed and returned to the Plan's QDRO administrator at the address listed on the form with a copy of this Order, or as soon as possible thereafter. This information is required for tax and identification purposes. The form is not a public record and must not be filed as part of these proceedings. SECTION 2. DETERMINATION OF ALTERNATE PAYEE'S COMMUNITY/MARITAL PROPERTY INTEREST IN PARTICIPANT'S BENEFIT A. The Court finds that during all or a portion of the period from the parties' Date of Marriage (May24, 1987) to their Date of Dissolution or Separation (August 17, 2010), Participant earned Plan benefits that are community/marital property of Participant and Alternate Payee. B. In satisfaction of Alternate Payee's community/marital property interest, the Court awards Alternate Payee, as Alternate Payee's sole and separate property, FORTY FIVE THOUSAND DOLLARS and xx/100 ($45,000.00) from Participant's Plan vested account balance as of August 17, 2010 (the "Determination Date"). Notwithstanding the preceding, Alternate Payee's award shall not exceed the amount of Participant's entire vested account balance as of the valuation date closest to the date of distribution. C. As soon as administratively practicable following the date the Plan administrator determines that this Order is a QDRO, Alternate Payee's Interest will be handled as follows: 1. The Plan administrator will establish a separate account for Alternate Payee's Interest in accordance with the Plan's QDRO procedures. 2. Alternate Payee may direct the investment of his/her separate account in accordance with the rules applicable to investments under the Plan. However, until a separate account is established, Alternate Payee's Interest will remain subject to the same investment options as elected by Participant. 5612361 -2- Ed. 062804 3. The Plan will pay Alternate Payee's Interest to Alternate Payee as soon as administratively practicable following the date Alternate Payee elects a distribution in accordance with the Plan's procedures. 4. The Alternate Payee may elect to receive Alternate Payee's Interest in any form in which such benefit may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity with respect to Alternate Payee and his or her subsequent spouse). 5. If Participant has an outstanding loan balance under the Plan, Alternate Payee's assigned share of the benefits will be calculated after the loan balance is subtracted from the total account balance. In no event will Alternate Payee receive an amount that is greater than Participant's non- loan account balance. D. If Alternate Payee dies before receiving Alternate Payee's Interest, then Alternate Payee's Interest will be distributed to Alternate Payee's beneficiary in accordance with the terms of this Order and the Plan. SECTION 3. DETERMINATION OF PARTICIPANT'S BENEFIT Participant is entitled to (i) the remainder of the Participant's account balance as of the valuation date closest to the Determination Date, plus any investment earnings, gains or losses thereon accruing after the Determination Date, and (ii) one-hundred percent (100%) of any contributions or forfeitures allocable to Participant under the Plan after the Determination Date, plus any investment earnings, gains or losses thereon. SECTION 4. GENERAL PROVISIONS A. Interpretation of Order This Order will not be construed to: 1. Provide to Alternate Payee any type or form of benefit, or any option, not otherwise provided under the Plan; 2. Provide a benefit to Alternate Payee which could have the effect of increasing Participant's total accrued benefit; and 3. Provide Plan benefits to Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be enforceable against the Plan. #612361 -3- Ed. 062804 B. State Law This Order is made pursuant to the domestic relations law of the State of Pennsylvania. C. Participant's Cooperation Required Participant must cooperate fully with Alternate Payee and the Plan to carry out the conditions of this Order. D. Correcting or Terminating Payments 1. The Plan will retain any rights it may have under its terms to suspend or terminate payments to Alternate Payee and Participant provided that either Participant or Alternate Payee may contest such suspension or termination through any administrative remedies available under the Plan. 2. Payments by the Plan pursuant to this Order will be without prejudice to any right the Plan has under applicable law to seek recoupment or offset for overpayment. 3. If the Plan pays one party a portion of the other party's benefits under the Plan and this Order, the party receiving the overpayment will return that portion to the Plan, which in turn, will pass that portion on to the other Party. E. Participant's Beneficiary This Order does not revoke or affect in any way any prior beneficiary designation made by Participant on file with the Plan. Following entry of this Order, Participant may designate a beneficiary, including Alternate Payee, or revoke any beneficiary designation with respect to benefits payable under the Plan without Alternate Payee's consent, in accordance with the Plan's beneficiary designation procedures. F. Effect of Plan Changes If changes in the terms of the Plan prevent the Plan from making any payment expressly provided for in this Order, the Plan is authorized to interpret the Order in a manner that is consistent with this Order and the Plan as changed. Any such interpretation by the Plan is subject to review by the Court in accordance with Section 5 by petition of either party. #612361 -4- Ed. 062804 G. Plan Loans Alternate Payee is not eligible to take a loan from the Plan. Once Alternate Payee's Interest is segregated by the Plan administrator, such amount will not be treated as Participant's benefits for any purpose under the Plan's loan provisions. H. QDRO Processing Fee: Participant will be charged a $300 QDRO processing fee for this QDRO. This fee will be assessed against the Participant's account balance at the time the initial paperwork is submitted to QDRO Consultants. SECTION 5. RESERVATION OF JURISDICTION The Court reserves jurisdiction over this asset to make such f other orders as are appropriate to enforce or clarify the provisions of Sections 1 through 4. DATED: Lk ki, ' `t SUBMITTED BY: Attorney,for: Alternate Payee, Pro Se Roberta COURT JUDGE Esquire EXECUTED BY: Participant: Fred N. Kl' 17 Alternate Payee: *oN fe r-Klin v Joa hne Naxriecn (onh, &i 0,pies? led ?? A . ??/311/ Date 2 1 Date Zy i/ Date 2-? Date #612361 -5- Ed.062804