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HomeMy WebLinkAbout02-1160 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002- II~ CIVIL DENNIS R. KLING, Plaintiff KAY ANNETTE KLING, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Emporium, 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 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, PA 17013 Telephone: (717) 249-3166 DENNIS R, KLING, Plaintiff vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002- 1/'=0 CIVIL IN DIVORCE KAY ANNETTE KLING, Defendant COMPLAINT ONDER SECTION 3301(0) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Dennis R. Kling, by his attorney, Dale F. Shughart, Jr. and states the following complaint. 1. The Plaintiff is Dennis R. Kling, who currently resides at 4266 McClay's Mill Road, Shippensburg, Franklin County, Pennsylvania 17257, since 1989. 2. The Defendant is Kay Annette Kling, who currently resides at 511 Cherry Street, Carlisle, Cumberland County, Pennsylvania, since June, 1988. 4. Plaintiff and Defendant have been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on September 28, 1976. The parties separated February I, 1987 and have been separated for more than two years. 6. There has been one prior action of divorce filed in Cumberland County, Pennsylvania to No. 1892 civil 1989, and was dismissed by Order of Court on October 29, 1996 pursuant to PA. R.J.A. 1901. 7, The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of marriage counselling and that the Plaintiff may have the right to request that the court require the parties to participate in counselling. WHEREFORE, the Plaintiff requests the Court to enter a Decree of Divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made . 1 subject to the penalties of 18 Pa. C,S. ~4904, relating to unsworn falsification to authorities. DATE: March 6, 2002 >>-~ *.~ Dennis R. Kling Dale F. Sh ar, Jr. Attorneys for laintiff 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney I.D. 19373 ~ ~ ~ ~ ( ~ ~ ~ ~ ~ ~ ,~~ 8........~ ex, 8 ~ I I 0,// ~~ '--(~ (') 0 c: 1'0 ~ ..... -- :Ji: ril CD i:; :z: Y; ::CQ 65 :;,~ I :-<.::c:: -....J !:= c~ j;: -0 ;;;8 - so;: c:,' ':? ~ -c -I:"' . . . , ~71 ". - ~ Oji 'i'll ";';.18 I ( ,) --,_.. i\ --'; --" :t:J ( . -0_. '>0 ~In 5; -c .... vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002- 1160 CIVIL DENNIS R. KLING, Plaintiff KAY ANNETTE KLING, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Dale F. Shughart, Jr., being duly sworn according to law, deposes and says that he is the attorney for Plaintiff in the above captioned divorce action; that on March 11, 2002 he mailed a true and correct copy of the Complaint in Divorce, duly endorsed with a Notice to Defend, to the Defendant, by certified mail with restricted delivery, postage prepaid, return receipt requested and evidenced by return receipt card No. 70993400001850467012 to Defendant's last known address; that on March 19, 2002, Defendant did personally receive said Complaint in Divorce; that attached hereto, made a part hereof and marked Exhibit "A" is return receipt card No, 70993400001850467012, with Defendant's signature affixed thereon; and that the facts set forth in the within Affidavit are true and correct to the best of his Sworn to and subscribed before me this 20th day of March, 2002. g~O(~ NOT_SIAL IONNII L COVLI, NOTARY PUBLIC IORO or CMLIILI, eI*BIRLAHO COUNTY MY COM_ION _IS OCTOBIR 17 2002 ;,j,. ... SENDER: I .. Complete Items 1 and/or 2 far........... . Comp6Ite Items 3, 48, and 4b. I . prtnt your name and address on the reverse of this form so that we can return this . cardto . . Anach tr: form to the front of the mallplece, or on the back If space does not penn', J . Wrtte "Retum RfIr?sipt R9qUBStBd" on the mallpiece below the article number. . The Retum Receipt will show to wt10m the article was delivered and the date -, I 3, Articla Addr.aaed to: l-ay Annette Kling 1!s11 Cherry Street arlisle, PA 17013 5, Rec.ived By: (Print Name) i .!! I also wish to receive the following services (for an .xtra fe.): 1. 0 Addressee's Address 2,IXIXR.strict.d Oallv.ry Consull postmast.r for ree, 48, Articl. Numbsr I I xlll:l C.rtffi.d J o Insured f o COO .. l J 4b. Service Type o Reglst.red o Express Mail Return Receipt for Merchandise 7, Oat. of O.lIvary 3-\1'0 8, Addre....'s Address (Only if requested and fee i. paid) ,--- Domestic; Return Receipt EXHIBIT "A" o ~ -ocr; rnf1' ;-::.. ~'.' z'" up ""r_" c( ~- " -;:'C ~C) )?(~ 7- :::2 - co "" :r:. c:.) -on ',>'.~ :,<J '" ,---.:;. ~ --'" ~ "... CJ rlo.dlr/domestic/kling.pet Respectfully submitted, O'BRIEN, BARIC & SCHERER By: ~.6~ Robert L. O'Brien, Esquire Attorney for Petitioner I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 11 VERIFICATION I verify that the statements made in the foregoing Petition for the Equitable Division of Marital Property, Award of Alimony and Attorney's Fees Subsequent to the Divorce Action are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C,S. S 4904, relating to unsworn falsification to authorities. V~1"\J:Kz K Y Annette Kling \~~ '\ Date: ().:]- 2.a -62. " ~ ....... ~ ~ (N ~, ~ ~ cs I.A> j;) st. ~ ::Y-- C ,:> ~ ~ Y1 o o -.:> ~ a -cj:, "2 ~' t;;> i" ::> ;r ..,,,...,,,_.,,, () ~~ 2:3 ~r ~ ;:7[- U~! _~: ~2(~ ':~.:.~ c; 'j~i.:." :~,7 ~ C, 1",) o ~:J ,.c.J ;''.,) n -_J ~,' -..,--, , " -'1 :~; ~~I-:~ .,:: J~J -< (:'.) - il v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW DENNIS R. KLING, Plaintiff KAY ANNETTE KLING, Defendant NO. 2002-1160 IN DIVORCE CIVIL DIVISION PETITION FOR THE EQUITABLE DIVISION OF MARITAL PROPERTY. AWARD OF ALIMONY AND ATTORNEY'S FEES SUBSEQUENT TO THE DIVORCE ACTION 1. Petitioner is Kay Annette Kling, the Defendant in the above-captioned divorce action. 2. Respondent is Dennis R. Kling, the Plaintiff in the above-captioned divorce action, 3, Respondent filed the divorce action on or about March 7, 2002. 4. The Petitioner intends to have this divorce matter referred to the Cumberland County Divorce Master for disposition. 5. Petitioner requests that claims for equitable division of marital property, alimony pendente lite, permanent alimony and attorney's fees be considered by the court in conjunction with the granting of the divorce action, WHEREFORE, Petitioner respectfully requests that claims in reference to equitable division of marital property, alimony and attorney's fees be considered in conjunction with the granting of divorce in this action. vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002- 1160 CIVIL DENNIS R, KLING, Plaintiff KAY ANNETTE KLING, Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF MARRIAGE COUNSELLING 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 7, 2002. 2, The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 5. I have been advised of the availability of marriage counselling and understand that I may requE!st that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I verify that the statements made in t:his 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: December (c, 2002 '~ ~~ \(~~ ~y Annl~tte Kling \ Sworn to and subscribed before me thl' s / J.b. v' day of December, 2002, ~Ad.CL i.A rS/iSlV'1 (') c <.:: -oed LpU-; zr~ ~2 ~c.'.; j>; '-, 20 >c 2 =< o N o r" M o "'Tl --1 T"'l o :-;-8 l:;~~:~ .-- 'I :;~l5 ".-.,In ~:"! 53 -< -0 ::r: Y? :..;I (J1 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTI~~ - LAW 2002- 1160 CIVIL DENNIS R. KLING, Plaintiff KAY ANNETTE KLING, Defendant IN DIVORCE 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 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 t,his 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:~ /)ece~~ Z)){}OZ ./ j}~~~.~ Dennis R, Kling (") Cl () C N ~1 S- o -00:,1 rT1 929~: CJ r~, Z~ -~: t=-; (J.i -, Cl , ~t~ 0 --0 ~;~;\ )>C ::;: 26 w :;t;c: .~ ~ W 5"1 0' -< DENNIS R. KLING, Plaintiff vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002- 1160 CIVIL KAY ANNETTE KLING, Defendant IN DIVORCE AFFIDAVIT OF CONSEN'1: 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 7, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce, 4, 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. 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 falsification to authorities. DATE: December 2-, 2002 Pa, C.S. !l4904 relating to unsworn 8-~~ --R.~ Dennis R. Kling Sworn to and subscribed before me d this :2f!!..:;: day of December, 2002, A~ JX ~~ NOTAAW. EM. IOMNIE L COYlE, NOTARY PUBUC IlOROOF<:IWJaE.~co. ItA MY?'Jt.UIIOMEllPlRE8~nn "." (') Cl 0 c: N -n s: c:::l ,- -0 CO ["'1' .' ~r" n \ - :L1 lYe ~~; \ ,-, c:> ',-~~ (:~! -0 ';]1 f~ )>0 - ..... 20 tf? >c: ~,-... ~ :...:> ~; (,.., ::<. vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002- 1160 CIVIL DENNIS R. KLING, Plaintiff KAY ANNETTE KLING, Defendant IN DIVORCE 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 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: /d-& - O:? ~y \~;~;;:~'hng\<-b '~, 0 0 0 c: N -on <'"" c:l '"Ol'F rT1 , - rn6; C") '"' "" z:.c ,- ~~~:. 0 ::: !,~i~ , I <~;} ~C -0 ..L..f"{ ~() .,..i.. .';2 0 '-. .~ --C) '-i2 (Srn :PC -'. Z ~...., J> ~ (,-.. ~ DENNIS R. KLING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 02 - 1160 CIVIL KAY ANNETTE KLING, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /zJ'It. day of ~h.vJ , 2002, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated December 2, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ~ale F, Shughart, Jr, Attorney for Plaintiff v!Robert L. O'Brien Attorney for Defendant / , t~ ~ MARITAL SETTLEMENT AGREEMENT THIS MARITAL ~v€yY\\xR SETTLEMENT AGREEMENT, made this;)trv:1 day of , 2002, by and between DENNIS R. KLING, hereinafter called "Husband" and KAY ANNgTTE KLING, hereinafter called "Wife". WITNESSETH: WHEREAS, the parties hereto are husband and wife who were married on September 28, 1976 and who have been living separate and apart from each other since February I, 1987; and WHEREAS, Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 02-1160 Civil Term, and on March 7, 2002, the Complaint was served upon the Wife by certified mail service; and WHEREAS, the Wife subsequently filed a Petition for Equitable Division of Marital Property, Award of Alimony and Attorney Fees, and on Petition of the Husband, E, Robert Elicker, II, was appointed as Master in regard to the matter by the Court; and WHEREAS, the parties desire to settle fully and finally their financial and property rights arising from their marriage; WHEREAS, Husband and Wife are represented by separate legal counsel who have advised them of their respective rights, privileges, duties and obligations relative to their property rights and interest arising from the marital relationship; and WHEREAS, each party is fully familiar with the marital property and both parties now desire to s,ettle and determine his and her property rights and claims under thl~ Divorce Code including all claims regarding equitable distribution of marital property, alimony, spousal support, and related economic claims, NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do covenant and agree as follows: 1. Both parties agree to sign and deliver to Husband's attorney the required Consents to Divorce and other documents necessary to complete their divorce contemporaneously with the execution of this Agreement. The Wife shall be provided a certified copy of the Decree upon her payment of the cost of $9.00 to the Prothonotary. Husband's attorney shall deliver a copy of this Agreement and all documentation necessary to complete the divorce to the Court Appointed Master for :Eiling with the Court. 2. Pending the entry of a Divorce Decree, the parties may live separate and apart from each other at such places as he and she may chose. Each party shall respect cmd act consistent with the other party's right to maintain a separate existence as though he and she were unmarried. 3. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms, No Court may change the terms of this Agreement, and it shall be binding and conclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other co-habitation of the parties hereto after the date of this Agreement, this Agreement -2- shall remain in full force and effect in the absence of a written Agreement signed by the parties expressly stating that this Agreement has been revoked or modified, 4, Contemporaneously with the execution of this Agreement the Husband shall pay to the Wife the sum of Fifteen Thousand ($lS,OOO.OO) Dollars which shall represent an equitable distribution of marital property, in particular a payment in full satisfaction of Wife's claims for equitable distribution/alimony in regard to the portion of Husband's military retirement which was earned during the marriage of the parties and prior to the separation of the parties. This payment is designated as equitable distribution and not as alimony, Upon receipt of the sum of Fifteen Thousand ($15,000. OO) Dollars, the Wife hereby waives, releases, quitclaims, and forever discharges any claim to any portion of the Husband's military retirement. S. The parties have divided between them to their mutual satisfaction their personal effects, household furniture and furnishings, automobiles and all other articles of marital tangible personal property acquired during and in anticipation of their marriage, and neither party will make a claim to any such items which are now in the possession or under the control of the other, 6. The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property, The parties here~by agree that all such -3- intangible property presently in the possession of or titled in the name of the Husband and shall be his sole and separate property and that in the possession of or titled in the name of the Wife shall be her sole and separate property. Each party hereby expressly waives any right to claim ownership of or any beneficial interest in any such accounts or life insurance policies of the other, vested or contingent, each party to retain full ownership of such rights as his and her sole and separate property. 7, Both parties warrant and represent that there are no joint obligations upon which both parties are obligated. Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep the other indemnified against all debts, charges, liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement, and neither of them shall hereafter incur any liability whatsoever for which the other or the Estate of the other may be liable, Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification, as to all provisions of this Agreement, shall include the right to recover out of pocket expenses and reasonable attorney fees actually incurred, 8, Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims -4- pursuant to the provisions of the Di vorce Code and each party irrevocably waives, releases, and remises amy claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as may otherwise be provided pursuant to the provisions of this Agreement. 9. Husband does hereby release, remise, quitclaim and forever discharge the Wife and the estate of the Wife from any and all claims he now has, ever may have or can at anytime have against the wife or her estate of any part thereof, whether arising out of formal contracts, engagements or liabilities of the Wife, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Wife's will, arising under the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the Husband under this Agreement. 10. Wife does hereby release, remisE~, quitclaim and forever discharge the Husband and the estate of t,he Husband from any and all claims she now has, ever may have or can at anytime have against the husband or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Husband, arising by way of the widow's right or under the Intestate Law, arising by any right to take against the Husband's Will, arising under the Divorce Code, Act No, 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and -5- expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the Wife under this Agreement. 11, The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, esta.te and assets, earnings and income of the other and that each has m.ade a full and complete disclosure to the other of his and h.er entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 12. This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 13. This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania, 14. The Husband and Wife acknowledge that each of them has read and understands his and her rights and. responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. -6- 15, This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. :D:%.~ \, ) 7i6~ &~L'~ '?f2. ~[SEAL] Dennis R. Kling . 0_ r'\ n'\.Q..~~ \d\.--.~ [SEAL] ~ette Kling \ -7- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ;;<d. day of i!1uf)/V~ , 2002, before me, the undersigned officer, person.3.lly appeared Dennis R. Kling, known to me (or satisfactorily prov,en) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official seal. ~ NOTARIAL lEAL BONNIE L 00'tLE, NOTARY PUBUC BORO OF CARIJ8l.E, CUMBERLAND co. PA MY COIIlI.8lOIH EllPlRE8 0C108ER 17. 2llOlI [SEAL] COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the &i:1J day of DCCLf\I1..b-c..v , 2002, before me, the undersigned officer, personally appeared Kay Annette Kling, known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official seal, OJ'vlfUI.jJL II; 6lujN_ 1 [SEAL] Ci NmariaI Seal ArnendB L Fisher. Notary Pubfic CaiIIsle Bora. CI.mberland County , My 0..........' EJq:Iinls Apr. 17.2006 Member, ~Msa:lalIon OfNdartes -8- DENNIS R, KLING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIO:N - LAW 2002- 1160 CIVIL vs. KAY ANNETTE KLING, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 7, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the! date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce, 4, 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. 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: December~, 2002 ~~ Y\>.. ~ Dennis R. Kling Sworn to and subscribed before me this ~N~ day of December, 2002. 11iYl_~ ~X ~nf - o c: ?'.. -au mfll -~/ ~-:- 1 ~s ~:C, ~':"~ ~~: ~ c') P,) ....., :~-:r:l c"') NOTARIAL SEAl. BONNELCO'tl.EoMOTARY~,-.- BOROOF~IIb.aMDoo.M MY--~uslONar~_.o...'ftl_ ".'" (::;1 -0 :....) :.) (j'l C) ',) .._-1 - -....: .~ DENNIS R. KLING, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002- 1160 CIVIL KAY ANNETTE KLING, Defendant IN DIVORCE 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 I do not claim them before a divorce is granted. 3. I understand that I will not be di.vorced 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 ,))eCf h7 kt L/d-O(J Z ./ A:-~~~~.~, DennisR. Kling ~ (') c: 7' -00': !2)L:: zC I~ ..,r.,"'_ :< CJ f'v '::J r-'1 tJ (-- ._,) '''-f'1 (:) """D zii Ffl 1> ~"n :< ...-\:" ~: :,...) (1' DENNIS R. KLING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002- 1160 CIVIL vs. KAY ANNETTE KLING, Defendant IN DIVORCE AFFIDAVIT OF CONSE~~ AND WAIVER OF MARRIAGE COUNSELLING 1, A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 7, 2002, 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 5. I have been advised of the availa.bility of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made to unsworn subject to the penalties of 18 Pa, C,S. ~4904 relating falsification to authorities. DATE: December (-:, 2002 .~ ~~~ K~;.. ~y Annette Kling \ Sworn to and subscribed before me this (fh day of December, 2002, C{lj\_kA.d.tA- Y cilistV1 ~rialSeaI I I Amanda L Fisher, NoIalY = CaI\iSI8 Boro Qrnbefland ~ Elqllres ApT. 17, 2006 ) , My A$sociatiOl1 Of Nalaries -Nembet.~ () C -0 6:.1 rnr;, ~f.;:' r- ~Q 5>~ z =< D h_' c::l 1'1 ("'"J (:::;; -"tJ w :..> 0"'1 :;; :0 -< DENNIS R. KLING, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002- 1160 CIVIL KAY ANNETTE KLING, Defendant IN DIVORCE 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 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: '.:J 1_ /"'" /~r'-4? -L.'P1 ~ ~~ \<--~'- Kay Annette Kling \ 0 C) C) C r'~) 'j 1 ~:.. '-::J u lTi '-"1 rTJ L ,'J , --:] -.... z ~-'].~ ~~,l CJ \..-..' , r:: ':) -0 , -,::-- 1 ,.;.-~ c:' 'i (-) Z :c; ~~? w ~,-) rn Z .. ~'-l =< :...> jJ ....J -< DENNIS R. KLING, Plaintiff vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002- 1160 CIVIL KAY ANNETTE KLING, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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: Certified mail on March 19, 2002. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by ~ 3301{c) of the Divorce Code: by plaintiff December 2, 2002; by defendant December 6, 2002, (b) (1) Date of execution of the affidavit required by ~ 3301(d) of the Divorce Code: ; (2) Date of filing and service of the plaintiff's affidavit upon the respondent 4. Related claims pending: N/A 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the prothonotary: December 2, 2002. Date was filed with defendant's Waiver of Notice in ~ 3301{c) Divorce the prothonotary, )Decembe,r ~ C<~~ ~ . Attorney f aintif Dale F. ug rt, Jr. 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 o c $: -0,-, r rfJrTi Z :J'i Zr C/)> -~ ,.,.--:': ~,~' ~S~ ;;2 ---I -::, a N CJ r'1 ':J o .." 0" ." -..:.;....... r'.) 0;) if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if.if. if. if. if. if. if.if.if.if.if. if.if. if. if. if. if. if. if. if. if. if. if. if. if.if. if. if.if. if.if.if. if. if. if. if. if. if. if. if. if. if. if. if. if. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF DENNIS R. KLING, PLAINTIFF VERSUS KAY ANNETTE KLING, DEFENDANT AND NOW,~ -- PENNA. No. ~0(Q.-1160 CIVIL DECREE IN DIVORCE ~ (1 it 1,,1, ~fl1. I , _ 2002 , IT IS ORDERED AND DECREED THAT DENNIS R. KLING , PLAI NTI FF, AND KAY ANNETTE KLING , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, if. if. if. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE if. if. if. if. if. if. if. if. if. if. if. if. if. if. ~~THON~TAR: if. if. if. if.if. if. ~- if. if. if. if.if. if.if.if. ~ r;? ,~ ~ ~~n/ ~~ C(7' (Jl:'. E'I ~~ _~? ~ M,~ -/;;7 e~' Cff'- e/ ,. - v ... "~i .. c' 1,.) ~ ~... .