HomeMy WebLinkAbout05-4872
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
MARLIN KLINGER III,
Plaintiff,
v.
No. 0 ~ - LfP7 J....
C I'U~ l~ 82-rvt
ALISHA KLINGER,
Defendant.
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground 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, 1 Court House Square, Cumberland County,
Pennsylvania.
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 LA WYER OR CANNOT AFFORD ONE, GO TO THE
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
The Court of Common Pleas of Cumberland County is required by law to comply
with the American s with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having
business before the Court, please contact the Court Administrator. All arrangement must
be made at least 72 hours prior to any hearing or business before the Court.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY
BAR ASSOCIATION
32 South Bedford Street
Carlisle, PAl 70 13
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de
las demandas que se presentan mas adelante en las siguientes paginas, debe
tomar acci6n dentro de los pr6ximos veinte (20) dras despues de la notificaci6n
de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado
una comparecencia escrita y radicando en la Corte par escrito sus defensas de,
y objecciones a, las demandas presentadas aqur en contra suya. Se Ie advierte
de que si usted falla de tomar acci6n como se describe anteriarmente, el caso
puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en
la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado par el demandante
puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted
puede perder dinero 0 propiedad u otros derechos importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYAA
LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE
INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN
ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER
INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES
SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY
BAR ASSOCIATION
32 South Bedford Street
Carlisle, P A 17013
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
MARLIN KLINGER ID,
Plaintiff,
v.
~No.l)S -4f7~ C,~\'L ~'d2-~
ALISHA KLINGER,
Defendant.
DIVORCE COMPLAINT UNDER SECTION 3301(c) or (d)
OF THE DIVORCE CODE
AND NOW COMES Plaintiff, Marlin Klinger III, by and through his attorney,
Debra R. Mehaffie, Esquire, of the Law Offices of Robert S. Mirin, and seeks to obtain a
decree in divorce from Defendant, Alisha Klinger, upon the grounds hereinafter set forth.
1. Plaintiff is Marlin Klinger III who currently resides at 1107 Yverdon
Drive, Apartment B 1, Camp Hill, Pennsylvania 17011.
2. Defendant is Alisha Klinger who currently resides at 160 South Baltimore
Street, Dillsburg, Pennsylvania 17019
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth for at least six (6) months previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on February 2, 1998 in Lower
Allen Township, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. Defendant is not a member of the Armed Forces of the United States of
America.
7. Plaintiff has been advised that counseling is available and that Plaintiff
may have the right to request that the court require the parties to participate in counseling.
8. This marriage is irretrievably broken.
9. Defendant requests the Court to enter a Decree in Divorce.
WHEREFORE, Defendant, Marlin Klinger III, respectfully requests this
Honorable Court issue a Decree in Divorce releasing him from the bonds of matrimony
pursuant to S3301(c) and (d) of the Divorce Code.
COUNT I - CUSTODY
Paragraphs 1 through 9 are incorporated herein as if fully set forth at
Two children were born of the marriage.
Plaintiff seeks joint legal custody of the following children:
1. Lexa Brittany Klinger, who currently resides at 1107 Yverdon
Drive, Apartment Bl, Camp Hill, Pennsylvania 17011, born on December 20, 1997.
2. Marlin Ray Klinger IV, who currently resides at 1107 Yverdon
Drive, ApartmentBl, Camp Hill, Pennsylvania 17011, born on February 25, 1999.
13. Marlin Klinger III seeks full physical custody of Marlin Ray Klinger IV
and partial physical custody of Lexa Brittany Klinger, alternating weekends, holidays and
10.
length.
11.
12.
in the summer.
2
14. The children were not born out of wedlock and the children are presently
in the custody of the father, Marlin Klinger who reside at 1107 Yverdon drive, Apartment
B 1, Camp Hill, Pennsylvania 17011.
15. During the past five years, the children have resided with Plaintiff and
Defendant, at 2 Mallard Court, Mechanicsburg, Pennsylvania 17055 (for approximately 1
year) and at 612 Range End Road, Dillsburg, Pennsylvania 17019 (for approximately 4
years) .
WHEREFORE, Plaintiff request that the Honorable Court grant joint legal
custody of both children to the Plaintiff, full physical custody of Marlin Klinger IV to
father and partial physical custody of Lex a Brittany Klinger to father.
Respectfully submitted,
LAW OFFICES OF ROBERT S. MIRIN
Date qj:f ~
/
3
VERIFICA nON
I, MARLIN KLINGER III, hereby certify that the facts set forth in the foregoing
Complaint in Divorce are true and correct according to the best of my knowledge,
information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. ~4904, relating to unsworn falsifications to authorities.
Dated: q", JS- o~
l/1.-y' IL ~
Marlin Klinger III
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
MARLIN KLINGER ill,
Plaintiff,
ALISBA KLINGER,
Defendant.
CUSTODY COMPLIANT
AND NOW COMES Plaintiff, Marlin Klinger III, by and through his attorney,
Debra R. Meha:ffie, Esquire, of the Law Offices of Robert S. Mirin, and files this custody
complaint and in support there of owes as follows:
1. Plaintiff is Marlin Klinger III who currently resides at 1107 Y verdon
Drive, Apartment B 1, Camp Hill, Pennsylvania 17011.
2. Defendant is Alisha Klinger who currently resides at 160 South Baltimore
Street, Dillsburg, Pennsylvania 17019.
3. Plaintiff seeks joint legal custody of the following children:
1. Lexa Brittany Klinger, who currently resides at 1107 Yverdon
Drive, Apartment B 1, Camp Hill, Pennsylvania 17011, born on December 20, 1997.
2. Marlin Ray Klinger IV, who currently resides at 1107 Yverdon
Drive, Apartment Bl, Camp Hill, Pennsylvania 17011, born on February 25, 1999.
summer.
4. Plaintiff seeks full physical custody of Marlin Ray Klinger IV and partial
physical custody of Lex a Brittany Klinger, alternating weekends, holidays and in the
5. The children were not born out of wedlock and the children are presently
in the custody of the father, Marlin Klinger who reside at 1107 Yverdon drive,
Apartment B 1, Camp Hill, Pennsylvania 17011.
6. During the past five years, the children have resided with Plaintiff and
Defendant, at 2 Mallard Court, Mechanicsburg, Pennsylvania 17055 (for approximately
one year) and at 612 Range End Road, Dillsburg, Pennsylvania 17019 (for approximately
four years).
7. The Mother of the child is Alisha Klinger, currently residing at 160 South
Baltimore Street., Dillsburg, Pennsylvania, 17019. She is married.
8. The Father of the child is Marlin Klinger, currently residing at 1107
Yverdon Drive, Apartment Bl, Camp Hill, Pennsylvania, 17011. He is married.
9. Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court.
10. Plaintiff has no information ofa custody proceeding concerning the child
pending in a Court of this Commonwealth or any other state.
11. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to
the child.
12. The best interest and permanent welfare of the children will be served by
granting custody to the Plaintiff.
Date Cf - f 5 - '05"
~Iic~
Marlin. Klinger III
13. Each parent whose parental rights to the child have not been terminated
and the person who has physical custody of the child have been named as parties to this
action.
WHEREFORE, Plaintiff request that the Honorable Court grant joint legal
custody of both children to the Plaintiff, full physical custody of Marlin Klinger IV to
Plaintiff and partial physical custody of Lex a Brittany Klinger to Plaintiff
Respectfully submitted,
LAW OFFICES OF ROBERT S. MIRIN
Date(J-JJ -t6
VERIFICA nON
I, MARLIN KLINGER III, hereby certify that the facts set forth in the
forgoing Complaint in Custody are true and correct according to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C. S. ~4904, relating to unsworn falsifications to
authorities.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
MARLIN KLINGER, III
Plaintiff
CIVIL ACTION
v.
DIVORCE I CUSTODY
ALISHA KLINGER
Defendant
NO. 05-4872
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN SS.
Personally appeared before me, a Notary Public in and for said Commonwealth and
County, on this 27'h day of September, 2005, Debra R. Mehaffie, Esquire, who, being duly swom
according to law, deposes and says:
1. That on September 19, 2005, a Divorce Complaint and Custody Complaint were filed
on behalf of Plaintiff and against Defendant in the above-captioned matter.
2. That on September 22, 2005 I forwarded copies of the Divorce and Custody
Complaints to Defendant Alisha Klinger at 160 South Baltimore Street, Dillsburg, Pennsylvania
17019 via certified mail, return receipt requested and that a copy of the same was also sent via
first class mail on September 20, 2005.
3. That the aforesaid copies of the Divorce and Custody Complaints were delivered to
Alisha Klinger on September 23, 2005 as evidenced by the return receipt card signed by
Defendant's agent Chester Meisenhelter and attached hereto.
4. That to the best of my information and belief the signature on the return receipt card
is, in fact, the signature of Defendant's agent Chester Meisenhelter.
,2005
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My Commission Expires:
. Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front If space permits.
1. Mlcle Addressed to:
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3. ~ice Type
III CertIfied Mall [J Express Mall
[J ReglstO!ed [J Return R_pt for Merchondlee
[J Insured Mall [J C.O.O.
4. Restricted Delivery? (Extra Fee) D Yes
2. Article Number
(n'ansfer from service labeQ
PS Form 3811, February 2004
7003 2260 0007 0551 3324
Domestic Return Receipt
102596-02-M-1540
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
MARLIN KLINGER III,
Plaintiff,
v.
: No. DS cv4 t 1.1DV
ALISHA KLINGER,
Defendant.
ACCEPTANCE OF SERVICE
I hereby accept service ofthe Custody Complaint in the above captioned matter.
Date: September--:>-J.. 2005
Ct ( i. r~\ Ii / /
Alisha Klinger
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
MARLIN KLINGER III,
Plaintiff,
v.
~NO. f/{ CV 1fJ~v
ALISHA KLINGER,
Defendant.
ACCEPTANCE OF SERVICE
I hereby accept service of the Divorce Complaint in the above captioned matter.
Date: Septembel')" 1, 2005
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MARLIN KLINGER m
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
ALlSHA KLINGER
Defendant
: CIVIL ACTION - LAW
: NO. 65-4872
: IN DIVORCE I CUSTODY
STIPULATION FOR CHll..D CUSTODY
AND NOW, thit?l- day of ~~, 2005, intending to be legally bound, the
parties herein, Marlin Klinger III and A1isha Klinger, hereby stipulate and otherwise voluntarily
agree to the following:
1. Plaintiff, Marlin Klinger III (hereinafter "Father") presently resides at 1107
Yverdon Drive, Apartment Bl, Camp Hill, Pennsylvania. He is the biological father ofthe minor
children.
2. Defendant, A1isha Klinger (hereinafter "Mother") presently resides at 160 South
Baltimore Street, Dillsburg, Pennsylvania. She is the biological mother of the minor children.
LEGAL CUSTODY
3. It is the intention of the parties and the parties agree that they will have shared
legal custody of the subject minor children, Lexa Brittany Klinger, born December 20, 1997 and
Marlin Ray Klinger IV, born February 25, 1999. The parties agree that major decisions
concerning their children, including, but not necessarily limited to, the children's health, welfare,
education, religious training and upbringing shall be made by them jointly, after discussion and
consultation with each other, with a view toward obtaining and following a harmonious policy in
the children's best interest. Each party agrees not to impair the other party's right to shared legal
custody of the children. Each party agrees not to attempt to alienat.e the affections of the children
from the other party. Each party shall notify the other of any activity or circumstance concerning
the children that could reasonably be expected to be of concern to the other. Day to day
decisions shall be the responsibility of the parent then having physical custody. With regard to
any emergency decisions which must be made, the parent having physical custody of the
children at the time of the emergency, shall be permitted to make any immediate decision
necessitated thereby. However, that parent shall inform the other of the emergency and consult
with him or her as soon as possible.
Each party shall be entitled to complete and full information about any doctor, dentist,
teacher, professional or authority and to have copies of any reports given to each party as a
parent pursuant to 23 Pa.C.S.A. 5309.
PHYSICAL CUSTODY
4. Father shall have primary physical custody of Marlin Ray Klinger IV and partial
physical custody of Lex a Brittany Klinger alternating weekends from Friday at 6:00 PM until
Sunday at 6:00 PM.
5. Mother shall have primary physical custody of Lex a Brittany Klinger and partial
physical custody of Marlin Ray Klinger IV alternating weekends from Friday at 6:00 PM until
Sunday at 6:00 PM.
HOLIDAYSANDSU~RVACATION
6. The parties shall be entitled to two (2) seven (7) day periods of custody each
summer with the children for purposes of summer vacation. The parties shall provide each other
with thirty (30) days notice of their intent to visit with the children as set forth in this paragraph.
2
7. The parties shall alternate Easter, Memorial Day, Fourth of July, and Labor Day.
The custodial period shall run from 10:00 AM to 8:00 PM. This schedule shall begin with Father
having the children on Easter of 2006.
8. Thanksgiving shall be divided into two segments. Segment A shall be from 6:00
PM the Wednesday before Thanksgiving until 6:00 PM the Friday after Thanksgiving Day.
Segment B shall be from 6:00 PM the Friday after Thanksgiving Day until 6:00 PM the Sunday
after Thanksgiving Day. In 2005, Father shall have Segment A and Mother shall have Segment
B. In subsequent years, the parties will alternate the segments.
9. Christmas shaH be divided into two segments. Segment A shall be from the
December 24111 at 12:00 PM until December 25th at 12:00 PM. Segment B shall be from
December 25111 at 12:00 PM until December 26th at 12:00 PM. In 2005, Father shall have
Segment B and Mother shall have Segment A. In subsequent years, the parties will alternate the
segments.
10. The remaining holidays such as Martin Luther King Day, President's Day,
Columbus Day and Veterans Day shall be divided such that whichever parent has custody of the
children on the weekend shall be entitled to extend their weekend until Monday at 8:00 PM.
11. Father shaH have custody on Father's Day and Mother shall have custody on
Mother's Day.
12. The holiday schedule shall take precedence over the regular custody schedule.
MISCELLANEOUS PROVISIONS
13. It is agreed that if either party is unable to care for the children, that the other
party shall be given the right of first refusal to care for the children.
3
14. Each party shall be entitled to reasonable telephone or ~~mail contact with the
children when they are in the custody of the other party, provided that the party initiating contact
does not do so to harass the other party or improperly interfere with the party's period of
custody.
15. The parties shall provide to one another an emergency contact telephone number,
email address, or contact person.
16. Neither party shall relocate from their current address if such relocation will
necessitate a change in the custody schedule as set forth in this Agreement, or if the relocation
will be to a location in excess of fifty (50) miles from the other party's then current address,
without (a) such party first giving prior written notice to the other party not less than sixty (60)
days prior to the planned relocation and (b) either written consent of the other party to such
relocation or further Order of the Court. In the event of any intended relocation, either party may
seek modification of the terms of the Custody Order by filing a Petition to Modify Custody with
the Prothonotary in Cumberland County Pennsylvania.
17. The parties shall refrain from making derogatory comments about the other in the
presence of the children, and to the extent possible, shall prevent third parties from making such
comments in the presence of the children. The parties further agree to discuss all arrangements
regarding custody outside the presence of the children.
18. It is stipulated and agreed by the parties that upon mutual agreement, an expanded
or altered schedule may be agreed upon by the parties and that such mutual agreement shall be in
the best interest of the children.
19. The parent beginning their custodial period is responsible for providing
transportation.
4
20. Should either party have the children spend overnight at a place other than their
primary residence or residence of an immediate family member, the other party will be given the
address and telephone number where the children are spending the night.
21. It is agreed between the parties that this Stipulation shall be filed with the
Cumberland County Court of Common Pleas and made an Order of said Honorable Court.
22. The parties agree that they are entering into this Agreement free of duress, have
had adequate opportunity to consult with counsel of their choosing and have agreed to resolve
their differences with regard to custody in the best interest of the children.
JURISDICTION
23. The parties agree that the Court of Common Pleas of Cumberland County,
Pennsylvania has appropriate jurisdiction, that Pennsylvania is the home state of the minor the
children, and that the Court of Common Pleas of Cumberland County, Pennsylvania shall retain
jurisdiction to modify and enforce all provisions of this Stipulation Agreement.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have hereunto, on
the date set forth above, set their hands to within document consisting of ii:fif'(5) pages
(including this page).
Witness:
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MARLIN KLINGER, IIIl
WITNESS:
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Plaintiff
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REc -:;:,7I:::D 1
NDV II 4 l005
: IN THE COURT OF COMMO IBJ{F A" OF !"lJ/
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
ALISHA KLINGER
Defendant
: CIVIL ACTION - LAW
: NO. 05-4872
: IN DIVORCE I CUSTODY
ORDER OF COURT
AND NOW, this 25 ~ day of
(u0 v. ,2005, the terms and conditions of the
attached Stipulation are hereby incorporated and made an Order of this r
. 1 e Court.
BY THE COURT:
, J.
Distribution:
Debra R. Mehaffie,Esquire
2515 North Front Street
Harrisburg, P A 1711 0
(717) 909-9900
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
MARLIN KLINGER, III,
Plaintiff,
v.
: NO. 05CV-4872DV
ALISHA KLINGER,
Defendant.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A
DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE
I. 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! 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.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
94904 relating to unsworn falsification to authorities.
Date: fl: 21-05
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Marlin Klinger, III
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
MARLIN KLINGER,III,
Plaintiff,
v.
: NO. 05CV-4872DV
ALSIHA KLINGER,
Defendant.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER 3301(c) 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 if! 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 ofthe 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.
94904 relating to unsworn falsification to authorities.
Date: .1:2..2 \ - CD
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