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HomeMy WebLinkAbout02-3190HELEN I. KLEIN, Plaintiff VS. CHRISTOPHER S. KLEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - , ? t%- Civil Term CIVIL ACTION - LAW 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 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 counseling. 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 (717) 249-3166 1-800-990-9108 HELEN I. KLEIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. 02-3190 CIVIL ACTION LAW CHRISTOPHER S. IN CUSTODY ORDER t1F COURT AND NOW, Mouday, July 15, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, 301 Market Street, Lemoyne, PA 17043 on Tuesday, August 06, 2002 _ at 10:30 AM at for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: IS/ Meliss ° n r_, oa„?, Fen 1 U Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? ?> +2p - A?wm tiiWMASH! d ) nc.) c r," ,? *-I? r no 9 1? : 1 91 Inc z0 HELEN I. KLEIN, Plaintiff vs. CHRISTOPHER S. KLEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - I/ q o Civil Term CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) and 3301(a)(6) OF THE DIVORCE CODE WITH COUNT I - COMPLAINT FOR CUSTODY 1. The Plaintiff is Helen L Klein, an adult individual whose mailing address is 214 Myers Lane, New Cumberland, Cumberland County, Pennsylvania 17070, and whose social security number is 175-54-0023. 2. The Defendant, Christopher S. Klein, is an adult individual, whose current address is 214 Myers Lane, New Cumberland, Cumberland County, Pennsylvania 17070, and whose social security number is 185-00-8532. 3. Plaintiff and Defendant were married on March 16, 1991, in Mechanicsburg, Cumberland County, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are two minor children born of the marriage; namely, Joseph Robert Klein, born October 9, 1992, and Freya Angelika Klein, born January 22, 1999. 2 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken; and (b) That the Defendant has rendered such indignities to the person of the Plaintiff, the injured and innocent spouse, so as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter a Decree in Divorce. COUNTI COMPLAINT FOR PRIMARY PHYSICAL CUSTODY 11. Paragraphs 1 through 10 of the above Complaint in Divorce are incorporated herein and made a part by reference. 12.Plaintiff hereby avers that Plaintiff and Defendant are the natural parents of two children; namely: Joseph Robert Klein, born October 9, 1992, and Freya Angelika Klein, born January 22, 1999. 3 B.The Plaintiff hereto believes that the best interest of her children will be served by granting her primary physical custody with partial custody in Defendant. 14.The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor children in this or any other Court. 15.The Plaintiff has no information of the custody proceedings concerning the children pending in a Court of this Commonwealth or any other state. 16.The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 17. The minor children have resided at the following addresses since their birth: 480 Mt. Airy Road, No. 2 Lewisberry, PA 4 214 Myers Lane New Cumberland, PA 17070 WHEREFORE, Plaintiff, Helen I. Klein, respectfully requests your Honorable Court to grant her primary physical custody of her minor children. Respectfully submitted, BY: ? Arthur K. Dils, Esq 're 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 Dated: July 2, 2002 VERIFICATION I verify that the statements made in this Complaint in Divorce 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. HELEN I. KLEIN Date: July 1, 2002 V? Q ? vv' , D Ch, j if 0 y L_ c4 j r Qi -I AUG 1 3 2002 HELEN I. KLEIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3190 CIVIL TERM V. CHRISTOPHER S. KLEIN, Defendant CIVIL ACTION - LAW IN CUSTODY AND NOW, this i?` day of August, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Helen J. Klein and Christopher S. Klein, shall have shared legal custody of the minor children, Joseph Robert Klein, born October 9, 1992 and Freya Angelika Klein, born January 22, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The children shall reside primarily at Mother's residence. Father shall have liberal periods of partial custody which shall be structured as follows: A. During the summer school break, from Saturday at 3:00 p.m. until Monday at 6:00 p.m. Father shall have custody under this schedule for the weekend to commence August 17, 2002, and subsequent summer school breaks. B. During the school year, from Saturday at 3:00 p.m. until Sunday at 7:00 p.m. The school year schedule shall become effective August 31, 2002. C. At such other times as the parties may agree. 3. Holidays. Holidays shall be shared by the parties as they may mutually agree. u? .? ??< r I J7? Zi7 ,4 ' t NO. 02-3190 CIVIL TERM 4. Vacation. Each parent shall be entitled to one (1) continuous uninterrupted week in each of the months of June, July and August each year. The parties shall provide each other with 30 days written notice of the weeks which they intend to exercise these vacation periods. In the event that the parties have scheduled overlapping vacation periods, the party first providing written notice shall have the choice of vacation time. 5. Father shall provide transportation incident to his periods of custody. BY THE COURT: J. Dist: Arthur K. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 ,.Christopher S. Klein, 214 Myers Lane, New Cumberland, PA 17070 HELEN I. KLEIN, Plaintiff V. CHRISTOPHER S. KLEIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3190 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Joseph Robert Klein October 9, 1992 Mother Freya Angelika Klein January 22, 1999 Mother 2. A Custody Conciliation Conference was held on August 6, 2002 with the following individuals in attendance: the Mother, Helen J. Klein, and her counsel, Arthur K. Dils, Esquire; the Father, Christopher S. Klein, appeared pro se. 3. A prior custody action had been filed at 96-5469. However, the parties subsequently reconciled. Mother then later filed a divorce action with a custody count docketed at 02-3190. 4. Te parties reached an agreement in the an rder as attached. 1.-- &?? Date M61issa Peel Greevy, Esquire Custody Conciliator 161437 Brian K. Zellner, Esquire Attorney #: 59262 Hynum Law 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 HELEN I. KLEIN, Plaintiff IN THE COURT OF COMMON PL S,,, CUMBERLAND COUNTY, PENNLVSIIA-1 V. CHRISTOPHER S. KLEIN, Defendant NO. 02-3190 . , CIVIL ACTION - LAW IN CUSTODY e- y C? .. W t`'_ ' PETITION TO MODIFY CUSTODY ,'?, < AND NOW COMES, Plaintiff, by and through her attorney Brian K. Zellner respectfully represents: 1. On or about August 15, 2002 an Order of Court was filed at the above- captioned docket. See attached hereto as Exhibit "A" a true and correct copy of the Order. 2. Said Order of Court stated Defendant, "Father shall have liberal periods of partial custody" and set forth the schedule of said periods of custody. 3. On or about March 19, 2010, Plaintiff filed a Protection from Abuse in York County against Defendant on her behalf and her minor son, Joseph Klein. 4. A Hearing is scheduled for April 1, 2010 at the York County Judicial Center in regard to the "PFA" filed on March 19, 2010. 5. Plaintiff requests this court to modify the August 15, 2010 Order of Court for the following reasons. 470. oo PA A77Y et* a 94(o e 4899110 (a) On or about March 18, 2010, Plaintiff and minor child, Joseph Klein were physically attacked by Defendant resulting in the filing of PFA on March 19, 2010. (b) Minor children, Joseph Klein and Freya Klein do not wish to stay with there father at this time due to the events which occurred on March 18, 2010. WHEREFORE, Plaintiff respectfully requests this Court grant Plaintiff temporary . custody of the minor children and grant Defendant supervised visitation only after he has had counseling. Respectfully Submitted: Date: ,3 31 d /?' k Brian K. Zellner, Esquire Supreme Court ID #59262 Hynum Law 2608 North 3`d Street Harrisburg, PA 17110 Attomey for Plaintiff EXHIBIT "A" AUG 1 3 20A2 r HELEN I. KLEIN, Plaintiff V. CHRISTOPHER S. KLEIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3190 CIVIL TERM CIVIL ACTION _ LAW IN CUSTODY AND NOW, this ir` day of August, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custodv. The parties, Helen J. Klein and Christopher S. Klein, shall have shared legal custody of the minor children, Joseph Robert Klein, bom October 9, 1992 and Freya Angelika Klein, bom January 22, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custod . The children shall reside primarily at Mother's residence. Father shall have liberal periods of partial custody which shall be structured as follows: A. During the summer school break, from Saturday at 3:00 p.m. until Monday at 6:00 p.m. Father shall have custody under this schedule for the weekend to commence August 17, 2002, and subsequent summer school breaks. B. During the school year, from Saturday at 3:00 p.m. until Sunday at 7:00 p.m. The school year schedule shall become effective August 31, 2002. C. At such other times as the parties may agree. 3. Holiday . Holidays shall be shared by the parties as they may mutually agree. NO. 02-3190 CIVIL TERM 4. Vacation. Each parent shall be entitled to one (1) continuous uninterrupted week in each of the months of June, July and August each year. The parties shall provide each other with 30 days written notice of the weeks which they intend to exercise these vacation periods. In the event that the parties have scheduled overlapping vacation periods, the party first providing written notice shall have the choice of vacation time. 5. Father shall provide transportation incident to his periods of custody. BY THE COURT: J. Dist: Arthur K. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 O'Christopher S. Klein, 214 Myers Lane, New Cumberland, PA 17070 a r0? S 0 ?1? HELEN I. KLEIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER S. KLEIN, Defendant : NO. 02-3190 CIVIL ACTION -LAW IN CUSTODY/DIVORCE CERTIFICATE OF SERVICE On this 31St day of March, 2010, 1 certify that a copy of the foregoing PETITION TO MODIFY CUSTODY was served upon the Defendant by placing the same in the United States mail, first class, addressed as follows: Christopher S. Klein 149 Ewe Road Mechanicsburg, Pennsylvania 17050 /i /--? Brian K. Zellner, Esquire Hynum Law 2608 North 3rd Street Harrisburg, PA 17110 Brian K. Zellner, Esquire Supreme Court ID #59262 2606 North 3id Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff Fl??D--,?rrEC? 2010 kPR -5 P" , 26 {NTY I. HELEN I. KLEIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0 -3190 CHRISTOPHER S. KLEIN, CIVIL CTION - LAW Defendant IN CU TODY/DIVORCE TO THE PROTHONOTARY OF CUMBERLAND rOUNTY, PENNSYLVANIA: Kindly enter my appearance, Brian K. Zell er of Hynum Law on behalf of the Plaintiff, Helen I. Klein in regard to the above-ca tioned matter. Date: March 31, 2010 Brian K Zellner, Esquire Supre Court ID #59262 2608 N rth 3d Street Harrisb rg, PA 17110 (717) 7 4-1357 Attorney for Plaintiff b s, Brian K. Zellner, Esquire Attorney #: 59262 Hynum Law 2608 North 3d Street Harrisburg, PA 17110 (717) 774-1357 n N ° f?' p ZZ :? -?1.3 i C j Fn HELEN I. KLEIN, IN THE- COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2-3190 CHRISTOPHER S. KLEIN, Defendant CIVIL IN DI) AND NOW COMES, Plaintiff, by and th respectfully represents: 1. Plaintiff, Petitioner herein, is Helen I. Klein Drive, New Cumberland, Pennsylvania 17070. - LAW her attorney, Brian K. Zellner and who currently resides at 252 Lincoln 2. Defendant, Respondent herein, is Christopher S. Klein, who currently resides at 149 Ewe Road, Mechanicsburg, Pennsylvania 17050. 3. On or about July 3, 2002, Petitioner filed ? Complaint in Divorce to the above- captioned number. 4. Said Complaint in Divorce set forth a clai for divorce based on irretrievable breakdown. 5. Plaintiff seeks to assert the following clainfis. 4118.50 PO A7TY erg asps 6. Paragraphs 1 through 5 are incorporated herein by reference. 7. The parties hereto are the owners of substantial marital property, which is subject to equitable distribution under Sections 3501 et. seq. of the Divorce Code. WHEREFORE, Plaintiff, HELEN I. KLEIN prays this Honorable Court to equitably distribute all marital property owned by the parties. 8 9 Paragraphs 1 through 7 are herein by reference. Plaintiff lacks sufficient property to provide for her reasonable needs. 10. Defendant has sufficient income ai indefinite support for the Plaintiff. WHEREFORE, Plaintiff, HELEN I. KLEIN the Defendant to pay alimony to the Plaintiff. NT 11. Paragraphs 1 through 10 are inco 12. By reason of the institution of the Plaintiff will be and has been put to considerab assets to provide continuing and , prays this Honorable Court to compel herein by reference. ction to the above term and number, expense in the preparation of her case, in the employment of counsel, and the ??-IL 13. Plaintiff is without sufficient funds tj support herself and to meet the costs and expenses of this litigation and is unable to pendency of this action. 14. The Plaintiffs income is not suff and pay her attorney's fees and the costs of Ii of costs. maintain herself during the to provide for her reasonable needs n. 15. The Defendant has adequate earnings to provide support for the Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff, HELEN I. KLEIN prays this Honorable Court to compel the Defendant to pay alimony pendente lite as II as pay the Plaintiff's counsel fees, costs and expenses. Date: 3 D Brian . Zellner, Esquire Supre a Court ID #59262 Hynu Law 2608 rth 3`d Street Harris urg, PA 17110 Att= y for Plaintiff HELEN I. KLEIN, V. Plaintiff CHRISTOPHER S. KLEIN, Defendant IN TH COURT OF COMMON PLEAS CUMB RLAND COUNTY, PENNSYLVANIA NO. 02-3190 CIVIL CTION - LAW IN CU TODY/DIVORCE CERTIFICATE OF SERVICE On this 31St day of March, 2010, 1 certify that a copy of the foregoing PETITION FOR ADDITIONAL CLAIMS TO DIVORCE COMPLAINT was served upon the Defendant by placing the same in the United Stat s mail, first class, addressed as follows: Christopher S. Klein 149 Ewe Ro d Mechanicsburg, Penns Ivania 17050 Brian K. ellner, Esquire Hynum aw 2608 N h 3?d Street Harrisbu rg, PA 17110 HELEN I. KLEIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-3190 CIVIL ACTION LAW CHRISTOPHER S. KLEIN DFFFNDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 08, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 13, 2010 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary,, or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. c'. 14.1.,0 n„?.?? Cumberland County Bar Association _q l lJ? C; y32 South Bedford Street -? W?Awn LQ?.??• Carlisle, Pennsylvania 17013 k 4to )0+?Cr_ vy\w% te.c? +C) OU-44, Li, to 1 Telephone (717) 249-3166 r.: Glro `s fi le" HELEN I. KLEIN, V. Plaintiff CHRISTOPHER S. KLEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3190 z CIVIL ACTION - LAW L'r rv _ IN CUSTODY ' ? i;;3 L" M CERTIFICATE OF SERVICE I, Brian K. Zellner, Esquire, do hereby certify that on or about April 16, 2010, 1 did serve a copy of the Order of Court entered on April 8, 2010 scheduling a Pre-Hearing Custody Conference for May 13, 2010 upon the Defendant Christopher Klein by certified mail. Attached hereto is the Domestic Return Receipt evidencing service. I, Brian K. Zellner, Esquire, verify that the statements made in the foregoing certificate of service are true and correct 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 falsification to authorities. Date: April 19, 2010 Brian K. Zellner, Esquire Attorney ID No. 59262 HYNUM LAW 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 w 2 Red&-%dDelivery deelred. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the tack of the mailpiece, or on the front If space permits. 1. ArNds Addressed to: 6,64W ykmt ,, 1g(:,;L?? 6U",tr, l7 ? 0 Aperrt X B. Received by (Printed Name) C. Date of DOmy D. Is delivery address different from Rem 1? 0 Yes If YES, enter delivery address below: 0 No NA 3. Service Type Mail Mail ? )?Recelpt for MerdmIdiae 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? P&M Foal Yes 2. ArikMNW be 7009 1410 0000 0891 2077 plrrrelrr>rom ararrroe Ae6a4 PS Form 3511, Fabrmy 2004 Domeetfc Ream Recslpt t f HELEN I. KLEIN, Plaintiff v. CHRISTOPHER S. KLEIN, Defendant ~_ a ~~ • - :> i C. ~; ~, !_ ~`~ ~ r- ~ m_ ~9 G.-~~ _ (/~ .. _c' ~, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3190 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW comes, Plaintiff, Helen I. Klein, by and through her Counsel, Brian K. Zellner, Esquire of Hynum Law. and avers the following: 1. The Plaintiff files this Petition for Special Relief pursuant to Pa. R.C.P. 1920.43. 2. The Plaintiff is in possession of several motor vehicles including a 2006 Mercedes C-320 and a 2002 Mitsubishi Montero. 3. These vehicles have been in the Plaintiff's possession since the parties separated. 4. The title to the 2006 Mercedes C-320 is in the names of the Plaintiff and the Defendant. 5. The title to the 2002 Mitsubishi Montero is in the names of the Plaintiff and the Defendant. 6. The New Cumberland Federal Credit Union has a lien on both the vehicles. 7. The Plaintiff has been making the payments on both the vehicles. 8. On April 8, 2010, the Defendant cancelled the insurance on all vehicles except the vehicle in his possession a 2005 Hummer H2. 9. The Plaintiff obtained insurance for the 2006 Mercedes C-320 and the 2002 Mitsubishi Montero and has been paying the insurance premiums for those vehicles. 10. The 2005 Hummer H2 was repossessed by the New Cumberland Federal Credit Union in May 2010. 11. The Plaintiff respectfully requests that Your Honorable Court issue an Order directing the Defendant to transfer the titles to the 2006 Mercedes C-320 and the 2002 Mitsubishi Montero to the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Court issue a Rule to Show Cause on the Defendant why the relief requested in her Petition should not be granted. Date: g I ~6 / / ?> GZ__~ Brian K. Zellner, Esquire Attorney for Plaintiff Hynum Law Attorney Id. 59262 2608 North 3~d Street Harrisburg, PA 17110 (717) 774-1357 VERIFICATION I verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ ~ 3 /~ ~ ~l/" ,- Helen I. Klein HELEN I. KLEIN, v. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER S. KLEIN, Defendant NO. 02-3190 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE On this 16th day of August, 2010, I certify that a copy of the foregoing PETITION FOR SPECIAL RELIEF was served upon the Defendant by placing the same in the United States mail, first class, addressed as follows: Christopher S. Klein 149 Ewe Road Mechanicsburg, Pennsylvania 17050 Brian . Zellner, Esquire Hynum Law 2608 North 3~d Street Harrisburg, PA 17110 HELEN I. KLEIN, v. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER S. KLEIN, Defendant NO. 02-3190 CIVIL ACTION -LAW IN DIVORCE INCOME AND EXPENSES STATEMENT OF PLAINTIFF HELEN I. KLEIN c~, r ~, ~ __ ~_.., ~:~ o , , ---~ ~, a ~= ~:_~ ~' .... m ,, N ~ ,i ~ `. ~ `. ,. b~ HELEN I. KLEIN, v. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3190 CHRISTOPHER S. KLEIN, Defendant Employer: Rite Aid CIVIL ACTION -LAW IN DIVORCE INCOME STATEMENT Address: Type of Work: Supervisor Debit Balance Dept. Payroll Number: Pay Period (weekly, biweekly, etc); Bi-weekly Gross Pay per Pay Period: $ 1, 604.35 Itemized Payroll Deductions: Federal Withholding $ 126.99 FICA $98.79 Local Wage Tax $25.11 State Income Tax $48.92 Mandatory Retirement $80.22 Union Dues Health Insurance $62.00 Other (specify)Life Ins. $3.24 401 K $80.22 Long Term Dis. $6.42 Net Pay per Pay Period: $ 1,170.26 Other Income: N/A Week Month Year (Fill in Appropriate Column) Interest ~ ~ ~ Dividends Pension Distributions --- --- Annuity --- --- Social Security --- Rents --- Royalties ~-- --- Unemployment Comp. ----- ---- Workers Comp. ------ --- -- Employer Fringe Benefits ------ ------- ---- Other Total ~ ~ ~ TOTAL INCOME $ 1,179.26 bi-weekly PROPERTY OWNED Ownership* Description Value H W J Checking accounts $ $ --- --- .... Savings accounts $ --- Credit Union --- Stocks/bonds --- --- --- --~ ---- Real estate --- - --- Other --- -- Total ~ INSURANCE Policy Coverage* Company No. H W C Hospital Blue Cross -------~-- --- ------ ------ ~---~-- Other ----~--- ---~ -----~- ------ --- Medical Blue Shield --- Other ----~-----~ ----- ------ --- -~------ Health/Accident -- ------ --- --- --- Disability Income --- - -~--~- --- Dental --- - --- -- --- Other - ------- - --- --- *H=Husband; W=Wife; J=Joint; C=Child SUPPLEMENTAL INCOME STATEMENT (a) This form is to be filled out by a person (check one): ,~ (1) who operates a business or practices a profession, or ,~ (2) who is a member of a partnership or joint venture, or ,~ (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business: Address and Telephone Number: (d) Nature of business (e) Name of accountant, controller or other person in charge (check one) of financial records: s 1) partnership ~~ 2) joint venture ~~ 3) profession (f) Annual income from business: ~~ 4) closed corporation 0(5) other (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: (2) Expense Statements. An Expense Statement is not required in cases which can be determined pursuant to the guidelines unless a party avers unusual needs and expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or seeks an apportionment of expenses pursuant to Rule 1910.16-6. (See Rule 1910.11(c)(1)). Child support is calculated under the guidelines based upon the net incomes of the parties, with additional amounts ordered as necessary to provide for child care expenses, health insurance premiums, unreimbursed medical expenses, mortgage payments and other needs, contingent upon the obligor's ability to pay. The Expense Statement in subparagraph (A) below shall be utilized if a party is claiming that he or she has unusual needs and unusual fixed expenses that may warrant deviation or adjustment in a case determined under the guidelines. In cases which must be determined pursuant to Melzer v. ~tsberger, 505 Pa. 462, 480 A.2d 991 (1984), because the parties' combined net monthly income exceeds $20,000 per month, the parties must complete the Expense Statement in subparagraph (B) below. (A) Guidelines Expense Statement. If the combined monthly net income of the parties is $20,000 or less, it is not necessary to complete this form unless a party is claiming unusual needs and expenses that may warrant a deviation from the guideline amount of support pursuant to Rule 1910.16-5 or seeks an apportionment of expenses pursuant to Rule 1910.16-6. At the conference, each party must provide receipts or other verification of expenses claimed on this statement. The Guidelines Expense Statement shall be substantially in the following form. EXPENSE STATEMENT OF (Name) (PACSES Number) ~... t v h,rC. ~ ~- I verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~- ~3~ ~~ ~~---- Plaintiff or Defendant Weekly Monthly Yearly (Fill in Appropriate Column) Mortgage (including real estate taxes and homeowner's $ $2183.39 $ insurance) or Rent ~ „~ Health Insurance Premiums $480.00 Unreimbursed Medical Expenses: $5,760.00 Doctor ..._ $ _., Dentist $1,000.00 Orthodontist Hospital --- Medicine ~.. $ ._ Special Needs (glasses, braces, orthopedic devices, $1,000.00 therapy) ,,,._, $ Child Care Private school Parochial school Loans/Debts Support of Other Dependents: Other child support Alimony payments Other: (Specify) Paid to Wife Total ~ ~ $ (B) Melzer Expense Statement. No later than five business days prior to the conference, the parties shall exchange this form, along with receipts or other verification of the expenses set forth on this form. Failure to comply with this provision may result in an appropriate order for sanctions and/or the entry of an interim order based upon the information provided. EXPENSE STATEMENT OF (Name) (PACSES Number) I verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Plaintiff or Defendant EXPENSES MONTHLY MONTHLY MONTHLY TOTAL CHILDREN PARENT HOME Mortgage or Rent $2100.00 Maintenance $230.00 --~ Lawn Care $65.00 --- 2nd Mortgage UTILITIES Electric $500.00 $ ---- Gas --- $ ---- Oil --- ----•--~- --- Telephone ----- --- Cell Phone $167.00 -- --- Water $100.00 ---~ --- Sewer $65.00 ---- --- Cable TV $80.00 $ --~-- Internet $60.00 ----- --- Trash/ $45.00 ---- --- Recycling TAXES Real Estate $3,000.00 ----- --- Personal Property -~--- ---~-- --- INSURANCE Homeowners/ Renters Automobile $2100.00 $1200 yr $900 yr Life ---- ----- --- Accident/Disability --- --- ----- Excess Coverage --- Long-Term Care ---- ~---~-~ -~----~ AUTOMOBILE Lease or Loan Payments $60Q.00 --- --- Fuel $300.00 --- --- Repairs $170.00 --- --- Memberships --- --- MEDICAL Medicallnsurance $480.00 $320.00 $160.00 i ~ HELEN I. KLEIN, v. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER S. KLEIN, Defendant NO. 02-3190 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE On this 16th day of August, 2010, I certify that a copy of the foregoing Income and Expenses Statement was served upon the Defendant by placing the same in the United States mail, first class, addressed as follows: Christopher S. Klein 149 Ewe Road Mechanicsburg, Pennsylvania 17050 ~.1~~ Brian K. Zellner, Esquire Hynum Law 2608 North 3`~ Street Harrisburg, PA 17110 __ __ HELEN L KLEIN, IN THE COURT OF COMMON PLEAS ', Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3190 cn ~' ~ _ ~.°~; o CHRISTOPHER S. KLEIN, :CIVIL ACTION -LAW ~~~ =~~-'a~ ~4 ~ Defendant IN DIVORCE ! - '~ -, . ~ i _, - ry g, rr ~ .-_ w INVENTORY OF Helen I. Klein Plaintiff files the following inventory of all property owned or possessed by either party at the time this '' ;action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ff ~'/3 -/ Plainti ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the I' following pages. ~) 1. Real property ( x~ 2. Motor vehicles (x , 3. Stocks, bonds, securities and options ~) 4. Certificates of deposit (x ) 5. Checking accounts, cash (x ) 6. Savings accounts, money market and savings certificates (~ 7. Contents of safe deposit boxes ~) 8. Trusts (Jx ~ 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries.) (~ 10. Annuities (x ) 11. Gifts ~) 12. Inheritance (x ~ 13. Patents, copyrights, inventions, royalties L~ 14. Personal property outside the home ', (x , 15. Business (list all owners, including percentage of ownership, and officer/director positions !,held by a party with company) ~! (x ) 16. Employment termination benefits-severance pay, worker's compensation claim/award ~) 17. Profit sharing plans Lx,~ 18. Pension plans (indicate employee contribution and date plan vests) (x , 19. Retirement plans, Individual Retirement Accounts ~) 20. Disability payments (~ 21. Litigation claims (matured and unmatured) ~~ 22. Military/V.A. benefits (~ 23. Education benefits (_x , 24. Debts due, including loans, mortgages held ~ ( x~ 25. Household furnishings and personalty (include as a total category and attach itemized list, if distribution of such assets is in dispute) I, ( x~ 26. Other y ~~ ~, ~„-f3 MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ~ Item Number----------Description of Property----------Names of All Owners 1 Marital Residence-252 Lincoln Drive, New Cumberland, PA-Helen Klein and Christopher Klein .2 1997 Mitsubishi Eclipse- Helen Klein and Christopher Klein 1992 Mitsubishi 3000GT- Helen Klein and Christopher Klein 4 1976 CJ-5 Jeep- Helen Klein and Christopher Klein .5 Mitsubishi Montero- Helen Klein and Christopher Klein 6 Mercedes- Helen Klein and Christopher Klein .7 2004 Carry All Trailer (vehicle size)- Helen Klein and Christopher Klein .8 22 Guns (possession in Sheriff's office)- Helen Klein and Christopher Klein .9 Business Valley Green Survival Systems and all business equipment & inventory- Helen Klein and Christopher Klein .10 Defendant's Thrift Savings Plan- Account Number:89387- Christopher Klein x.11 Defendant's Retirement Plan & 401K plan with the Department of Defense- Christopher Klein ;I.12 Miscellaneous property and furrushmgs see attached list ~ , .... _ ......... ._....w... .__._._. _...___..... . a _ ...... _.......... ~ ....__ __ .._ ......_..._... . NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be ' ;excluded from marital property: Item Number----------Description of Property----------Reason for exclusion PROPERTY TRANSFERRED Item Number-----Description of Property----Date of Transfer----Consideration---Person to Whom Transferred .1 Dirt Bicycle titled to Christopher Klein --- LIABILITIES Item Number-----Descnption of Property----Names of All Creditors--- _ - -~ ...... Names of All Debtors (.1 Marital Residence -Bank of America - $309,742.14 - J .2 Mercedes C-320- NCFCU - $21,542.51 - J .3 Mitsubishi Montero-NCFCU - $7,816.29 - J .4 Hummer- NCFCU -balance owed after reposession - J . 5 Trash/Sewer -Fairview Township- $1,000.00 - H .6 Verizon $600.00 -H . 7 Visa Credit Card- NCFCU - $3,000.00 - J ~~.8 Lowe's Credit Card-$850.00 - J ~~.9 Sears Credit Card- $1,941.39 - J 10 PP&L $1500.00 -H 11 Water bill - $600+ - H ~~.12 Credit card -Capitol One - $3,486.82 - J ;x.13 Credit card -Master Card - $1,475.02 - H I~.14 TSP Loan - $7,000.00 - H ',~.15 Credit card - JC Penney - $1,472 - W ',x.16 Credit card - Walmart - $1,682.00 - J ~.17 Credit card Macy's $268 00 W Air Mattress Area Rugs Automotive Parts( gas tank, wires, etc) Bed Bicycle Books/Magazines Cabinets Coaches Coffee Makers Coffee Tables Computers & Parts Cooking Utensils Curtains Desk Chairs Dishes Dishwasher Dresser Drinking Glasses Dryer DVD Player DVD's Fish Tank Grill Home Decorations Holiday Decorations Kitchen Table & Chairs Ladder Lamps Lawn Chairs Lawn Mower & various parts Love Seat Microwave Military/Tactical Apparel Misc Household cleaners (brooms, cleaning supplies, etc) Misc Household maintenance materials (caulking, paint, etc) Monitors Nightstands Pet belongings Pool Equipment Pool Table Pot Rack Pots & Pans Printer Projector Projector Screen Refrigerator Shop Vac Silverware Slot Machine Speakers Step Stool Stove Table Tools TV I UPS/Post Office Shipping Boxes some other various stuff also) I I Vacuum VCR Washer Bed Bedding Bicycle Clothes Curtains Desk Dressers DVD Player IPod Charger/Alarm Clock Laptop Nightstand Radio Sewing Machine and Accessories Shoes Toys TV Two Lamps Wii Accessories Wii Games Wii System Air Hockey Table Bed Bedding Bicycle Clothes Computer Curtains Desk Dirt Bike Dressers DVD Player DVD/CD's Laptop Monitor Nightstand Playstation's Radio Shoes Sport Equipment Toys/Games TV Two Lamps Xbox's !lr&~ 'uris~' ~~. 2004 Carry All Trailer (vehicle size) Paid in full 97 Mitsubishi Eclipse Paid in full 92 Mitsubishi 3000GT Paid in full 76 C7-5 jeep Paid in full Mitsubishi Montero Loan/Both Mercedes Loan/Both Guns All sheriff took e~too Freya's IPod IPod Jewelry Heater Two Laptops Laptop Mount for Car Personal Property of Mine & Kids has at Step Fathers House John Edwards 'Did not turn in Hummer seat to Bank Hummer hitch, Tire and mounting rack which also lesson value of Hummer HELEN I. KLEIN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CHRISTOPHER S. KLEIN, Defendant NO. 02-3190 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE. On this 16th day of August, 2010, I certify that a copy of the foregoing Inventory was served upon the Defendant by placing the same in the United States mail, first class, addressed as follows: Christopher S. Klein 149 Ewe Road Mechanicsburg, Pennsylvania 17050 Brian K. Zellner, Esquire Hynum Law 2608 North 3~d Street Harrisburg, PA 17110 HELEN I. KLEIN, Plaintiff V. CHRISTOPHER S. KLEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3190 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 7,0' day of fl u.." , 2010, upon consideration of the Plaintiff's Petition for Special Relief a?? a is issued unman the nPfPn?nt ;/- Aiii't" -y -rj,&,r l.?a,h!'i'?/j it .:? /?ori?sf.• a,/ r„r,.a? +?c.?,;2?'I R1 .10 mble vv*tl %tjki I, f1 '?t w `!/ ?U161??' w v ??'?? ?'^J"'a1?' ?.?'?A?r??y _ BY THE COURT: Dom' tribution: Bran K. Zellner, Esquire ristopher S. Klein, Pro Se COP C es tnl [ Li LL g?.10 iv r A 0 71. D r AUG 2 6 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HELEN I KLEIN :Vs. Plaintiff NO. 3190 CHRISTOPHER S KLEIN 2002 Defendant MOTION FOR APPOINTMENT OF MASTER HELEN 1. KLEIN Plaintiff moves the court to appoint a master with respect to the following claims: QX Divorce FXJ Distribution of Property ? Annulment ? Support Q Alimony QX Counsel Fees ? Alimony Pendente Lite X3 Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Esquire). 3. The statutory ground (s) for divorce is 3301(c) rr, 4. Delete the inapplicable paragraph (s): A ?X B © C ? a.- The ?e . b. A c. The action is contested with respect to the following claims: alimony, distribution of property, counsel fees, costs and expen ses 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 days 7. Additional information, if any, relevant to the motion: n/a Date: ?,-' / Z 3 / / d ?- Attornev for Plaintiff Brian K. Zellner, Esquire Print Name ORDER APPOINTING MASTER AND NOW ayj?t- 2 2010 L- ,` aLt JTy Esquire. - - - is appointed master with respect to the following claims: By the Co J. Q n ` 3s c 1 O