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Home My WebLink About95-01351 ('. l.. f!! d l() (Y) - I L() Gr .) ) , ;c',,'] :' 0 Z' w r-~ ~ '.~ ~ ~? ~ ,; M ~" ~ ~ ,:. ~ ... ~ ~ t ~.' ~ r-: ... i'I ,. \, I DECREE IN DIVORCE AND NOW, , , .. ;:r.tN7.C-, .?-H.... ......., 19 .~. b., it is ordered and decreed that........ .FRANK, s... .KLESS........".........",., plaintiff, and...........,. .... . :~~~r...J., .l<kES~..... .................., defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record In this action for which a final order has not yet been entered; NONE ,'. ~ M ,. . . . Th.i.s . Ag,r-eemenb. o,f' .June .28.,. .1994 . i s. ,hereby' i ncorpO'ra ted' . . . . , ~ ~ .. .bu.t.. .no.t. .mer.ged......................................................, ~ '.' '" ~ ,'. ~ ~ .' ~', ~ i ~ ~ ~...;:-;~, :-K.- - ;, " ~"..,..., .' -0, . " ; ....a."'. ~"'" -. ' - . .. ~." . -, . - - .. ,. :;- .. - \/ ,', ~ - " " DyT h e C Ll!D--? o.lL d' k I~ tJ" I ' , , .l 4Prolhonolnry I ~ L;/' I~ , . . ~ -,,, . . (j ....,. ,; ~*_~~~*~****~.~,~ro~,*ro~~ ~ ',' ~ '.' '. ... . ... . .: . :.... ' ...... "{ '. ". , ". '. . " -- . . ", , - . - '. " .' (p. ,xf q(,.] N'kiL.. ILL/\..,,&l.L (C'I(j 1ft ~\,. ('a..lf!t'I\ , i I l J I , , , , I . ' .. . .... , . MARITAL SETTLEMENT AGREEMENT ("AGREEMENT") THIS AGREEMENT made this~'?8-t11 day of "fl.:t1/t: FRANK S, KLESS ("husbaml") and TINA J. KLESS ("wifc"). Pennsylvania, , 1994. by and between both of Mechaniesburg. WITNESSETH WHEREAS, husband and wife were married on September 9, 1978 in Camp Hill. Cumberland County. Pennsylvania; and WHEREAS. irreconeilable differences have arisen between husband and wife causing the irretrievable breakdown of their marriage, and in consequenee' of which they no longer desire to live together as husband and wife; and WHEREAS. husband and wife, after long and careful consideration. desire to fully and finally settle their respective finaneial and property rights and obligations as between each other. ineluding property rights and obligations heretofore or subsequently acquired by either party; WHEREAS, the parties intend this agreement to be a full and complete property agreement. providing for the absolute and final selllement of all claims for spousal support. alimony pendente lite. alimony. counsel fees and expenses. and equitable distribution of marital property; WHEREAS, the parties also wish to sellle the mailers of eustody and support for the two children of the marriage Andrea. born July 13. 1982 and Darren. born August 19. 1984 and WHEREAS, the parties have made a full disclosure to each other of their assets and liabilities. and have agreed on a selllement of all property rights and differences existing between them. NOW THEREFORE. in consideration of the lbregoing promises. and the mutual promises, eovenants, and understandings herein set forth, and for other good and valuable consideration, reeeipt of which is hereby acknowledged, eaeh of the parties hereto. fully Intending to be legally bound hereby. covenant and agree as follows: ARTICLE I: MUTUAL CONSENT The parties represent to each other that the exeeution of this agreement is not predicated upon nor made subject to any divorce decree being entered. Howcver. the parties hereto agree that neither shall withhold their consent for thc entry of a decree in divorce and that each shall execute and deliver any and all documcnts neccssary to prosecute and tinalize II consensual divorce, including affidavits of consent and waivers of counseling, ,; , . - In the event either party shall fail to cooperate in the prosecution and granting of a consensual divorce, the party fuiling to eooperate shall be responsible for any and all costs, including reasonable allomey's fees, ineurred by the other in obtaining a divoree. In addition, this agreement, shull be voidable at the option of the non-defaulting party, and the delilUlting party shall be responsible for any and all costs, ineluding rellSonable allomey's fees, associated with voiding this agreement and any transfers and obligations pursuant hereto. ARTICLE II: SEPARATION AND INTERFERENCE Its shall be lawful for husband and wife to, at all times hereafter, live separate and apart from each other and to reside from time to time at such place or places lIS they shall respectively deem fit, free from control, restraint, or interference, direct or indirect, by eaeh other. Neither pnrty shall molest the other or compel or endeavor 10 compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either party of the lawfulness or unlawfulness of the cause leading to their living apart. ARTICLE 1lI: ADVICE OF COUNSEL Husband and wife deelare that each has had a full and fair opportunity to obtain independent counsel of his or her selection, and that husband is represented by Ronald D. Butler, Esq., P.C., and wife is represented by Richard A. Cairo, Esq. ARTICLE IV: MUTUAL RELEASE Husband and wife each do hereby mutually release and forever discharge the other and the estate of such other, for all time to eo me, and for purposes whatsoever, of and from any and all rights, title and interests, all elaims in or against the property of the other or against the estate of such other, of whatsoever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other. The parties specifically and expressly waive any rights which they may have to pllSt, present, or future support, alimony pendente lite, eounsel fees, costs or expenses and equitable distribution of marital property, except as may be provided for herein, and except for any cause of action for divorce from the bonds of matrimony, and any cause of action tor breach of any provisions of this agreement, ARTICLE V: DIVISION OF PROPERTY A. Equitable Distrihution Husband and wife aeknowledge and agree that the provisions of this agreement with respect to the distribution and division of marital and non-marital property are fair, equitable, and satisfactory to them bllSed upon the duration of their mnrriage, the contributions of each party in the acquisition and preservation of such property and other relevant factors, The parties hereby aceeptthe provisions of this ugreement with respect to the division of the property in lieu of and ., , .; In lilll and Iinal settlement and satisfaction of nil clahns and demands that they may now have or hereafter have against the other lor the equitable dlslrlbution of their property by any court of competent jurisdiction pursuant to Seetion 40 I (d) of the Pennsylvanin Divorce Code or any other similar luws, Husband and wife voluntarily and Intelligently waivc and relinquish any right to seek a eourt ordered delenl1ination and distribution of marital or non.marital propcrty, but nothing hcrein eontained shall eonstitutc a waiver by eithcr party of any rights to seek relicI' of any eourt for the purpose of enlorclng thc provisions of this agreement. B. Mnrital Renl Estate Husband and wife shall continue to be the Joint owners of the two story house loeatcd at 913 Loring Lane, Mechaniesburg, Pennsylvania until such time as husband refinances the current mortgage on the said property and purchases wife's interest therein, whieh interest shall be deterntincd as one half the appraised4'value of thc said property less any jointly Incurrcd Incumbrances. Husband shall have six months following the signing of this agrecment to complete this buyout process, If husband is able to complcte this purchase of wife's Intercst, wife shall tender to husband a special warranty decd convcy title to husband. [I' husband is unable to obtain such finaneing, then the property shall be listed for sale and Ihe sale proceeds evenly split between the parties after payment of all ordinary costs associated with this sale except with respect to prorations as noted in the next paragraph below.. During this interim period in which husband shall seek financing to buyout wife's interest, husband shall continue to hold wife harntless for any liability associated with payment of the current first mortgage to PNC Mortgage Co, or their successors, for any other periodic payments assessed on the said property for sueh items as sewer and trash service, and for any taxes assessed against the said property. [I' husband is unable to complete purchase of wife's interest, husband shall continue to hold wife hnnnless for any sueh liability during the period when the said property is offered for sale right up to the time when such sale is eompleted. At sale, husband shall receive the benelits or incur \he obligations lor any prorations made for taxes and other periodic payments. Wife shall be \he sole owner of a certain interest in a piece of real estate located in Wildwood, N.J. and the parties shall be bound by the ternts of this agreement with respect to the mnrltal property laws of the State of New Jersey. Wife shall hold the husband harmless for any mortgages, taxes or periodie payments associated with this property whether Incurred during the time of sepnrntion or thereafter. C. Personnl Property and Motor Vehicles 1. Husband is the owner of a eertain [OS Pa, Blue Shield Voluntary Investment Plan (Soc,Sec. # 191-42-2280) valued as of March 31, 1994 at $6[.238.[7. Husband agrees to withdraw $18.200,00 from that plan to be given to the wife in lilll satisfaetion of wife's share of this Plan. ,(: ri~',,:I"1w ;)', l:;Ni:l.~\ ,4.t'r,{~r: ,ill. --'" I / f..A~ Cl.' ~f qA- - \' .' " I' . J'ft'. ,. . c.!.'. 3 ~ . ~~ . . , 2, The wife shall bc thc solc owncr of both the Belco Primary Shares Acet, #066230 and thc Belco Checking Aceount s..j Share Drans, Ace\. #012066230944 and whatever proceeds are present In those accounts as of April 30, 1994. The husband shall be the sole owner of cheeking account 11252.1 08239 at Mcllon Bank and the proceeds therein as of April 30, 1994. 3. The parties certify that they have already divided to their mutual satisfaction 42 jointly owned Series EE U.S, Savings Bonds and tlmt all bonds in the possession of eaeh of the parties as of the date of this agreement shall be their property. 4. The parties agree that each of them shall retain sole ownership of any life insurance poliey that is presently taken out on their respective lives and that it shall not be necessary to cash any of these life Insuranee policies, 5, The wife shall be the sole owner of a 1991 Chevrolet Corsica automobile and shall assume payment of any eneumbrance thereon as of the date of this agreement. The husband shall be the sole owner ofa 1988 Plymouth Voyager Van. 6, The household furnishings, appliances and eooking utensils shall be divided in aecordance with a list which is appended hereto and made a part of this agreement as Attachment A, Any item not accounted for on this list and in the possession of either party as of the date of this agreement shall be the sole property of the party in possession. 7. Bused upon an appraisal conduet by Ihe retirement office of the husband's employer, the retirement plan of the husband at Blue Shield has a present value of $40,339.00 as of November 1993. The plan shall be segregated as of November 30,1993, with wife to retain a separate 37\1:% interest based on the said present value. Husband shall retain sole ownership of a retirement plan from Rite Aid Corp, ARTICLE VI . ALIMONY/CHILD SUPPORT/MEDICAL INSURANCE A. Alimony/Child Support The husband shall pay to the wife for her support and the support of one child a total of $1066,00 per month. Aller the entry ofa divorce decree, 42% of this amount or $447.72 shall be considered alimony. TIle ehild support portion of this payment shall be subject to modification in accordanee with the ehild support laws of Pennsylvania, Husband agrees to add 25% of any pay inerease he receives to the above amounts in the same proportion as stated above. Wife agrees that the alimony payment shall not continue lor longer than live years from the date of this agreement. her death or her remarriage. whichever shall occur lirs\. Husband agrees and recognizes that this alimony is essential to assist the wife in completing her undergraduate edueation. .j . , ... 13. Medlcnllnsurnnee Husband agrees to retain wife on the COI3RA Health Insurance plan at his place of employment for a period of three years from the date of this agreement or until such time as wife obtains separate employer paid eoverage, and each to pay one half of the premiums thereon, whieh payments shall not be considered alimony. Husband shall also eontinue coverage on the children of the marriage. ARTICLE VII. CHILD CUSTODYNISITATION The parties shall hold joint physieal and legal eustody of the ehildren of the marriage. The children shall spend an approximately equal amount of time with each party at their respecti ve places of abode, The parties shall cooperate with each other in good faith to carry out the provisions of this article, ARTICLE VIII- PAYMENT OF DEBTS AND OBLIGATIONS A. Debts Incurred Prior 10 This Al:reement Except for the debts and obligations assumed or created under this agreement, each party hereby agrees to pay and hereby agrees to save the other from any and all personal debts and obligations ineluding, but not limited to, loans, charge aecounts, bank eharge aceounts, incurred by husband and wife alone, or which are presently in each party's name alone, If any claim, action or proeeeding is hereafter brought, seeking to hold the other party liable on account of such personal debts and obligations, such party shall, at his or her own expense, defend the other party against sueh claim, aetion or proceeding whether or not welltounded, and shall indemnitY and save harmless the other party from any loss such party may sustain as a result therefrom. B. Debts Incurred SubseqJlentto This AlIreement Except for the debts and obligations assumed or ereated under this agreement, each party represents and warrants to the other that as of the date of this agreement, he or she has not incurred and in the future will not contract or ineur, any debts or liabilities lor whleh the other or his or her estate might be responsible. If any claim. aetion or proceeding is hereafter brought, seeking to hold the other party liable on account of sueh personal debts and obligations, sueh party shall. at his or her own expense. delend the other party against sueh elaim. action or proceeding whether or not well-Iounded. and shall indemnitY and save harmless the other pnrty lrom any loss such party may sustain ns a resulttherelrom, 5 J C. Debts Assumed Pursunntto This ^\:rcement The parties agree that they are the joint owners of the following eredit eards: Belco VISA, AT&T Mastereard, Scars. Montgomery Ward, Hess's, The Bon-Ton, Fashion Bug, Newport News, Spegiel's, Penny's and Diseover. The parties certify that, except for the Belco VISA. there is no balance on any of these cards. The parties agree to cancel these cards; provided, however. that wife agrees to take responsibility for the payment of the outstanding balanee on the Beleo VISA and, if possible. to retain this card in her own name; and further provided that husband may also retain the AT&T Mastercard in his own name if possible, All obligations with respect to real estate shall be as provided above in Article V except that in no case shall wife be held responsible for any obligation relating to the maintenance of the marital residenee at 913 Loring Lane during any portion of the period of separation prior to the signing of this agreement. ARTICLE IX. 1994 TAX RETURNS In the event that a deeree in divorce is not entered before Deeember 31. 1994. husband and wife agree to file a joint tn." return for federal and state purposes for the 1994 tn." year. In the event any income tn." is due for the tax year 1994. or if the parties are due a refund of any overpayment of taxes for the 1994 tn." year, then said tax or refund shall be alloeated between the parties on the basis of each pnrty's contribution to joint ineome and tax withholding. ARTICLE X - ATTORNEY FEES AND OTHER EXPENSES Wife agrees to pay all filing and incidental costs associated with Ihe filing of the divorce action. Unless otherwise provided. eaeh party shall be responsible for his or her own counsel fees, expenses. and any other charges pertaining to their divorce. ARTICLE XI . FINANCIAL DISCLOSURE The parties have fully diselosed to eaeh other and they are aware of the extent of each other's income. assets. liabilities. holdings and estates, 6 , i ~ . ! I' I ARTICLE XII- ADDITIONAL INSTRUMENTS The partics covenant and agrce that they will forthwith, within no more than ten (10) days written demand thercof, or within sueh time as the parties may agree, e:<ccute any and all written instruments of whatever kind as may be reasonably required for the proper effecluation of this agreement, speeifieally including the eonsents and any other documents which may be necessnry to finalize any divorce action and to cause a decree in divorce to be issued, ARTICLE XII. MODIFICATIONS AND WAIVER The purties agree that any intention to modify or rescind this agreement in any manner must be expresscd in writing and signed by both purties and that sueh intention shall not be inferred by any ornl agreement or any subsequent conduet or actions by them. Further, the failure of either plll1y to insist upon striet performance of any of the provisions of this agreement shall not be construed as a waiver of said term or provision or any other tenns, clauses, provisions or conditions oflhis agreement. ARTICLE XIII. ENTIRE AGREEMENT This agreement conslitutes the entire understanding of the purties, and supersedes any and all prior agreements and negotiations between them. There are no representations, wnrrnnties, covenants or undertakings other than those e:<pressly set forth herein. This agreement is binding upon the purties' e:<ecutors, administrators, heirs, suecessors and assigns, ARTICLE XIV - INCORPORATION OF AGREEMENT FOR ENFORCEMENT This agreement shall survive a judgment of divorce between the purties in any jurisdietion, and any other order which may be entered in aecordance with Ihis agreement. In the event that a judgment lor divorce is entered in the Court of Common Pleas. Cumberland County, Pennsylvania or in the event that a similar judgment is entered in any other jurisdiction, the purties agree to incorporate this agreement in such judgment for purposes of entorcement. It is the spednc intent of the purties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenanee, alimony, equitable distribution, allomey fees, costs, maintenance of insurance, property selllement or any other claim lor relief which might be brought by either party against the other, or with regard to uny olher provision hereof. In the event that any final order of eourt is entered in any jurisdiction with respect to the parties hereto whieh is contrnry to 7 -","", . '- . , , , . ' ' the provisions hereol: then thll rights and obligations of Ilach party shall be rllllllved or adjustlld to the extent necessary to confonn this agreement. I: ARTICLE XV -lRltEVOCAOlLlTY AND NULLIFICATION It is understood and agreed to by and between the parties hereto thaI the property division and distribution effected herein is irrevocable and that such division and distribution shall not be affeeted by any future change in the circumstances of the respective parties or by any other statutory or judicial alternatives which may be available to the respective parties under prior. current or future laws ofthe Commonwealth of Pennsylvania, ARTICLE XVI. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenienee and ease of referenee only. They shall have no effeet whatsoever in detennining the rights and obligations of the parties, ARTICLE XVII - GOVERNING LAW This agreement shall be construed in aecordanee with the laws of the Commonwealth of Pennsylvania, ARTICLE XVIII - BREACH If either of the parties ~hall breach the tenns of this agreement or fail to make any timely payments hereunder, the injured party, at his or her option. may sue for damages or seek sueh other relief as may be available to said party. The party breaching this agreement shall be responsible for reasonable legal fees and eosts incurred by the other in enforcing his or her rights under this agreement. ARTICLE XIX - SEVERABILITY If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term. condition. clause or provision shall be stricken from this agrellment and in all other respects this agreement shall bll valid and continue in lull forcll and Ilfli:ct. 8 ARTICLE XX - VOLUNTARY EXECUTION Husband and wife both acknowledge and declare that he and she respeelively: 1. Has given careful and mature lhoughtto the making of this agreement; and 2, Has carefully read each provision of this agreement and fully and completely understands eaeh provision of this agreement; and 3. Enters into this agreement voluntarily, free from fraud, undull influence, eoereion, or duress of any kind; and 4, Aeknowledges that the agreement is fair and equitable and that full diselosure has been made, IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written, WITNESS (ES) ill A I. . /!(i~~'1. ULi{!:;/&: ~HARD~. CAIRO, ESQ. . 1 ...., a '- , ~V\'~l~_U. ..: 1~l;!rl. NK S. KLESS T~~~~~Q'-J_IJ l) ATTACHMENT A - DIVISION OF FURNISHINGS, APPLIANCES AND COOKING UTENSILS I. Living Room Furn. - wife 2. Dining Room Furn, . wife 3. Fwuily Room Furn. - husband 4, Kitchen a. Tupperware, waterless cook ware, princess house. wife b. Pans, Dishes, Flatware - To be divided equally 5. Master Bedroom. husband 6. Andrea's bedroom. wife 7. Darren's bedroom - husband 8. Sofabed - husband 9. Sewing Machine - wife 10. Computer - wife 11. TV . a. Family Room. husband b. Console - wife ,. .. c. Guest Room - husband 12: VCR a. Fwuily Room - wife b, Bedroom - husband 13:: Stereo: husband H 14;' New grill- husband , 15. Old grill- wife 16. lawn Mower - husband 17. Tools - husband with extras to wife 18. China- 19. Patio Furn. a. Small. wife b. Large - husband 20. Freezer - husband 21. Washing Machine - husband 22. Dryer - husband 23. Cats a. sparky - wife b, molly - wife e. 1.0, . husband to 'A ' . . .' '.' . ,."'. " . . .. ... Q ,t) ~ ~ I.n 'oL". L- =-,:J c~ lllf,j ;~: ,,,;n \- ~.., t~,'.. - -'~ .' (,\' -l ';'~1 ,;,..:-;' , ,-' .;" '0 '\ "r ~ .- :.;..,~ h,~l . . ~.)h ~~t.._: to., ;..;jrTl ~ .. .. .. " ~" ,. :), - ~ - ~ -.. ~ , FRANK S. ~LESS, ._ .. .' -..' ... r_t......---- ::~ ':'H!: :~:'7..': cr =:n"!M:J~ ;::.::;..S CUHBERTJ1\Nn COt,,'1:':'~, ?~NN~~'":/v.';'~:^ ...~ S . ~C. 95-1?51 C:\-:::. .;C':':ON - IN DIVORCE TINA J. KLESS :)e:e:1c:a~-:' ??~~::?! ~O ~~~~S~:~ RECORD To -:.~e ?~o~hcnc~a::.: I ~=a~sm~~ ~he =eco=:, ~oqe~her w~~h ~he :ollowin; in:o~a~ion, to ~he CO~~ :o~ ent:y 0: a divorce dec=ee: 1. Gro~~e :or eivorce: irretrievable breakdown under Section ( ) 3301 (c) 6c) 3301 (d) (1) 0: tbe Divorce Code. ( Check applica=le section). 2. Date ane manner 0: service 0: the com~laint: . , NOVPMhpr ?A, lqq~ ~~r.irip~-pp~~r~~~~d delivery 12/B/95 . 3. (Complete either paragraph (a) or (b). (a) Da~e 0: e~ecution 0: the a::idavit 0: consent rec;uired by Sec-:ion j 3 01 (c) 0: the Divorce Code: by P' , -~ "t~ .,,:._,- . - --- -~_.. --- . ._ ..-- -. . ~ .by de:e:1dant .' . , (h) (1) Date 0: execution of tbe plainti::'s , affidavit requiree by section 3301 (d) 0: the Divorce Code: 11/?R/Qc; (2) eate 0: service 0: the ?lainti::'s a==~davit upon -:.he De=encan~: '?/A/a~ . 4. Relatee clai~s ?endinq: NONR 5. Date and manner of service of the notice or intention to file ?taeci?e to transmit record, a copy of which is attachec Intention-certifien-m~il-to nefennant's Attorne ?la.!.nt.!.ff De E encian ~ - __ __0 . (') u, 0 c: In -n ~ c- ? ~ll: r::: ~I:': :c i;'i~ .1.r~ n~ Cf!} -l ':-'J --") r~\..~- ~ ':~ i~c '~~ .... ~.J (~C' w ~'j .......r~ .... .. :rJ ...., U1 ::! .< .r;:- ~ " ,~ l:iOS ~~ p,~. ~~ ~i~ O~' !:l8:.: 8~S!:l tJ~~1>l mm;~ ~BS~ g , ~ ~ x:: C>_ In o N In "" ..... = >- lS.". _( t,.. I_ r ul,"l. "I U;.r.(-':'; ~,:;L':' iI. ~l: ,') '. f""ll- _~. I : ..' .:.' -~ , : <. J~.l ... _.~~J'; , ,';" i~~ll ~ '" ~;(.\ '" '" .... ... .: ... III ... II. . III ~ . III ~ ..:J I ' ..., \r) ( .. \ "" , \ . ~ ~ I/) ":). ..., ~ -. ~ ~ \..,J - ... .: III 'U .: ~ .. IOl .,; . III III ~ s ~~ !:ltj ~~ !:l~ I>lf!l el=l 1Olrz. elO '" ~~ =1lil ~., jf' - ~ L.-, .......... . RONALD I). UUTLER, ^T10RNfirs ^'" '^\\' . .. o y ~ "f"\ ~r<)"'" "- <'I - --J-t{; ;;~~ c.J ~ j i . - flfq~g ; g ~_. i ~ w ~i!ifli ~ q ~ I ~ ~ i t:l:: ~ =: ..; ~ E-< I'.C, .' .... , / , ~" FRANK S. KLESS I Plll1nt 1ff v. IN TilE COURT OF COMMON PLEAS OF CUHBERLAND COUNTY, PENNSYLVANIA ~ NO. 1S- 136-1 ~'XJJAAr- TINA J. KLESS. Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAnl 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 actio.n. You arc warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment msy be entered. against you by the Court. A judgment may also be entered agll1n'st YOu' for any other clll1m or relief requested in these papers by the Plaintiff. You msy 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 breskdown of the marriage, you may requeat marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary. Cumberland County Court 1I0use. Carlisle, Pennsylvania 17013. fi: IF YOU DO NOT FILE A CLAIM FOR ALIHONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED. YOU MAY LOSE TilE 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, COURT ADHINISTRATOR Fourth Floor Cumberland ,County Court House Carlisle, PA 17013 Telel (717) 240-6200 ~ ~ . FRANK S, KLESS, plaintiff IN THE COURT OF coMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. TINA J. KLESS, Defendent IN DIVORCE NO. COMPLAINT IN DIVORCE UNDER SECTION 3301/c\ OY THE DIVORCE CODE plaintiff Frank S. Kless, by and through his counsel, Ronald D. Butler, P.c., hereby files this complaint in Divorce and in support thereof avers the following I 1, plaintiff is Frank s. Kless, an adult individual who current resides at 913 Loring Lane, Hechaniceburg, cumberland county, pennsylvania 17055. 2, Defendant is Tina J. Kless, an adult individual who currently resides at 31 East Locust street, Hechanicsburg, cumbsrland county, pennsylvania 17055. 3. plaintiff has been a bona fide resident in the commonwealth of pennsylvania for at least six (6) months immediately prior to the filing of this complaint. 4. plaintiff and Defendant were married on september 9, 1978 at Good Shepherd church in camp Hill, cumberland county, pennaylvania. ~ ( . , 5. There have been no prior aotions for divorce or for annulment of the marriage betwesn the parties instituted by either of thsm in this or any other jurisdiction. 6. plaintiff hss besn advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The marriage of the parties is irretrievably broken. e. The parties have lived separate and apart since on or about November 14, 1994. 9. plaintiff requests the court to enter a decree of divorce. ~"ll(tlk~ Attorney for Plaintiff 1.0. #09826 300 North second st., P.O. Box 430 Harrisburg, PA 17108-0430 (717) 236-1485 Datedl ~//1Jqr . . " , . \ I , VERIFICATION I, FRANK S. KLESS, hereby certify that the facts eet forth in the foregoing complaint in Divorce are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made eubject to psnalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authoritiee. )~~~ y,~~~~ Frank S, Kless Datedl ;.) 13./ f( s" FRANK S, KLESS, . IN THE COURT OF COMMON P~EAS OF plaintiff . CUMBERLAND COUNT~, PENNS~~VANIA . V. . NO. 95-1351 CIVI~ TERM . TINA J. K~ESS, . CIVI~ ACTION - LAW Defendant I IN DIVORCE .. APPIDAVIT OP CONSENT AND WAIVER OP COUNSE~INO 1. A complaint in Divorce under section 3301(c) of the Divorce Code was filed on March 15, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) daye have elapeed from the date of filing the complaint. 3. I consent to the entry of a final decree of divorce. 4. I underetand 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 counseling and being so advised, I do not request that the court require my spouse and myself to participate in marriage counseling. ,I', ~,', ~~ t,'lJ ~t'.f,,: '"'" ~f~1 ~\l<'~'~'" '"rJ_i):' -'f'} ,., ~",;i.j' Xl'1 \'.\\i; i7:>~ ;.';)'? t~{{!-: '''~' t ~"_"< I:"~: ,:,i ~;::;;J '1'~,! _'CT,., Hi;;, j' .: t .'~_ I verify that the statements made in this Affidavit are true and correct. I understand that false statemente herein are made eubject to the penaltiee of 18 pa. c.S. section 4904 relating to unsworn falsification to authoritiee, Datsd. 7 ~ 3, 75" ~ '\ . ') ~.\ ,j! ( lI~\Q .:~V1..)\ - Frank S. Kless L,),~: I i .,.~, ~ -::' " ":-._'-r-~--"'-__~~------",,,,,,~~,",',;, 'DIE CX1IRl' _ OF. ~ PI2JIS OF a.tlIlmI.I\N) WJNl'Y, PEtRlYLVlINIA w. 95-1351 CIVIL'l1Ht CIVIL lCl'IW - I.ltH IN DIValCE FRlll<< S. KIESS, .lut 1 7. S9 ~\\ 195 Plaintiff , ,'.', .J; fll;<;' LY .', ~'.I')IlS1 ,\,' ... "" ", III l'iY i"r ! \: .... " :") f/"~,l . UV\\1 :\I.h I. i ~ ~ ." - 11;.;11 qqd.. ;.;t:';l.,""" v. ~ J. KIESS, Defendant AWIDl\VlT (F'CXH3FNl' l\N) WIIVFR OF CXXRiELDG RONALD D. BUTLER, P. C. ^TTOIlNSYS ^T L^W TH"I:C HUND''':D NO'UH ..CQHD a,"U;T ".NTMOU.. aUlTII: "^RRISDURO, PSNNSYLV^NI^ 11108-0410 ..oaT O..'ICC .01( "010 . ;.....''"'~....'''~'~.:\..'"''.w..,w'''nf..,.,_. . '(AiTO;:~v'~TiLXw -. < 'rt:!!" .-'~~'~h'\.o-;q''''''''''.:.r'' l~"'_;.ri~f'$.:"~-':jf(j.:F",,'i:' . v~~~~~~?i*wW!ij{t~.{ FRANK S. KLESS, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA v. I I NO. 95-1351 CIVIL TERM TINA J. KLESS, I CIVIL ACTION - LAW Defendant I IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301ldl OF THE DIVORCE CODE 1. The parties to this action separated on or about October 30, 1993 and have continued to live separate and apart for a period of at least two years. 2. The marriags is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyers' 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. 54904 relating to unsworn falsification to authorities. DATE I " I ZZ I q,)' I I ~\ J n~ ;\ M .x M... FRANK S. KLESS, Plaintiff .! IN '11IE COIJR'I' OF (.'(Mot)N PI J':iIS 01' CUMBEH1.J\N\l COUN't'Y, PENNSYl.vl\Nl^ t'P. 95-1351 clvn. 'l'E1l/o1 CIVIL /ICl'10N - 11\\'1 IN DIVORCE I'WINK S. Kl..E:SS, Plaintiff v. TIN/\ J. KLESS, I Defendant PlIIUll'IF'F" S AF'FlD^VIT UNDER SOC'l'ION 3301(d) OF THE DIVORCE CXJDE ROBERT B. LIEBERMAN ^TTORNBY ^T L^W THRaa HUNDRap NonlH ..COND .1AII:Io:T pa"'THou.a: .UI1I1: Il^RRISBURO, rnNNSYLV^NI^ 11IO'''''!I - PO.l Ol"l"'C. .(JIII ... ,. I Hov ZU j 45 ~H '95 ,it r,D'OFFlC:' rt 1';; nH~";~1'1"',11\h), CU~\~,r.t:l...,'I\) l;('lf',Tl Ptt~~'~i~'.'.1I(I!.. I j I \d f:li ~~ ~m~ e~tJ~ f:lgB I : ~;~~~ ~ ":tJt:l ~ ~B~ . . ! ?f to l:: 8 .;r ~ IJJ~;< ~'J ",- ..J...1;' !,2g ~~ I.)..,. (j: ~. -~ U..~ t,. 0_ q'.' (0) ., ~_J f'; CO :;'\;;-; M. , ;-):~ tel' J w "'f2 r!= h.: m' t:.:1 0.-.'. 1.1. In ::5 Q 0\ (J , . . , .... ~ ] . Po ~ ui > I : . ~ . t-:l ~ I 2! i ~ I ~ I ! ~~id: !!l .. . . > ~ ~~~I.~I~ ~ ~; ~ ~ I-< ~. 0 ~ ffi < I ~ f ~ ~ ! ~ . ~ ..' \ . ROUERT &. L1EU1:RMAN . , r ^TTORNE\' ^T LA\.\' FRANK S, KLESS, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA v. I I NO. 95-1351 CIVIL TERM TINA J. KLESS, I CIVIL ACTION - LAW Defendant I IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA I I SS. COUNTY OF CUMBERLAND I Personally appeared before me, a Notary public, in and for said Commonwealth and County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law, deposes and saysI 1. That on November 28, 1995, a Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code, was filed on behalf of Plaintiff and against Defendant in the Prothonotary's Office of Cumberland County. 2. That on December 4, 1995, I forwarded, by certified mail, return receipt requested, a certified copy of Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code, to SUSAN KAY CANDIELLO, ESQUIRE, attorney for Defendant, as evidenced by the sender's receipt attached hereto. . . 3. That the aforesaid certified copy of Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code sent to SUSAN KAY CANDIELLO, ESQUIRE, attorney for Defendant, was delivered on December 5, 1995, as evidenced by the return receipt card signed by an Agent of Defendant's attorney and attached hereto. , 'i' " I 4. That to the best of my information and belief, the signature in Part 5 of the return receipt card is, in fact, the signature of JANET NACLERIE Agent of Defendant's attorney, SUSAN KAY CANDIELLO, ESQUIRE. RE?!::~.~.~ Attorney for Plaintiff SWORN TO AND SUBSCRIBED before me this 7f(~ day of C(.)..Q..tJl~, 1995. , ~ fL~~y ~~b!,,-A- My Commission Expires: ~' NOTARIAL SE,\L CHERYL L SMITH, Notal'( Public HJm~tlurg. Olll.:ph!n Ccunty Mv CcmlT't~"l!on r:'_c~~'t~12~~96 ! 2 IlrUI;t-hd [WI,.U..I"" '. in ""h.rn nH~'1l1 ~t,..h"'NI /.1 () 01 III WI'II"' It lJ4t" o.,;..",,,,J - a Ilt'llllll fl"lt'~rl bf';o...'r'\l tr) \\hJJ"'. C 0..1. .."II AJJrlllnl,''-' ^(ll'~" , .., lolAL I''''''''JII $ J,O- 0 ,.r...", 0 POS'rTl"'~ 0' Ddlll lXl M E i: j 0 u. 1473-1 12-4-95 '- .-,--......- -._~ .--... . . E:..:355 805 '130 ~ Receipt for Certified Mall '. No Insuranco COlJoragu Providod ~ Do not UliU fat InloHllllional Mall (Suo RtlVlH501 SUsan Kay Candiello, Esqui e ..."..., a',,1 I..., 600 N. 12th Street, Suite tar09r!e'/" PA' 17043 $ ,'3:1 \ ,'""',. ft"l.l..,jlt-.. I. 10 :'t'<tOlldll...--..,,'_ll't' " . .' ,.. Jl E DER:.. .' . .'. .' 'I, -' , Comp"ll him' 1 ,nd/or 2 for 'ddltlon.l "Mc". " 'I" Compl.I.lt.m, 3, ,nd 4.. b. ' , , ,- '. : ,l.', Pllnl your nlIM and Iddl'" on the FlV'''' ot thl. fonn lothll W' cln ;"tum thI'Clfd to you. ',,' . -',,"',.-,' . Att.ch'QtI.,rOlfli to thl front of the mlllpllce, or on th.blck II ,.ple. . do.. not Plfmll.-' . '~ . Writ. "R.tumR. II !S ;1~:'.~;r:~i~llo, Esquire '1600 N, 12th Street, Suite 2 . Iaooyn". e,PA .17043 '. ., ' . 'i';; , ",.",,,,.-,,,,,,", I .1.0 wl.h 10' roeelvl' \h. ;"iJ, 10110,wlng..,rvle,.., II~~,., n.,' .~',I~'~',~"'.':'I.I" 11.1, . , , " ' ~ , ,: 0 Addri....'~'Add;~.i';: ' ", 2, 0 R.~;;lel.d~~il~i~';',~i;;.I; "-Iult - o.tma.tlr'for-'e.~,"~-(,,1:.S ~ c. Number;; "_>, -, ""' -i.,\->,,-'\..j" ::,"', l .. '^~,~ '''' 'JI , P 355 805 930 ~;,c:i,":" ,\.( . , ,__ " "'-' 1,~ ,. ',' -- ,'_L ' 4b. Slrvle. TYPI" ,~,'", '",', ", ';' \ o Rlgl.t.r.d :, 0 In.ur.d /' ,A:;: m, ,\ ~ c."lfi'-d~""'DCOD :;;,:::j';','''';~~'f'fi '" '''' ',":> ,',,-, ,_-__, ',,,/:,-,-:i1;...,'t,_ bpr.i. ilIl'- 0 R.tum R.c.'pfl~t:VI . .-.' _,'_.". ." ,_t.r....-'!\.' { 8, Addr...... .... n Y t!"qu.lt~ J" '.ndf..'lplldl :;:,';,,:,'.';;;"i:;j'!(j" 'I . ,_ " ,:"......'ft'j\6:l:l' :-.' "....ti.l:a~i if l:i}:,'H-j i!l,ll' l:il..:L},~4Xt~.k~ :1 P. I'! U 14 t \ ~ . H i"..; :,!,v.:,..1~~~ ;~~GPO: 1.--71. DOMESTIC ,RE!UR~~~~~I~r~ --'---~--.,..- .....-.-.....---....... 17108-0981 TINA J. KLESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1351 CIVIL TERM IN DIVORCE FRANK S. KLESS, plaintiff V. PRAECIPE TO WITHDRAW APPEARANCE AND NOW, this 22nd day of January, 1996, withdraw the appearance of the undersigned on behalf of the Plaintiff in the above-captioned action. tifcf! Ii /kt:c Ronald D. Butler, Esquire 300 North Second Street P.O. Box 430 Harrisburg, PA 17108-0430 PRAECIPE TO ENTER APPEARANCE AND NOW, this 22nd day of January, 1996, enter the appearance of the undersigned on behalf of the Plaintiff in the above-captioned action. f?~u;;{:; IS . '~~~L...., Robert B. Lieberman, Esquire 300 N. Second Street P.O. Box 981 Harrisburg, PA 17108-0981 n to'} n ,.' w-. -il E" r.._ : :~l ~~r;'l :-' ~ ;,- -'1 1:\;'--- .- ~ l , t..J 'uilJ "''i '-...' '. I:': , ~;', (') ......... -v ,. '1 ~;:..~ ~_:3..T '''h{ :-'C ~ t~; ....:. , .. :;,;1 ::1 Cl :'7~ -. N 0', ; , I , ~' 1 .e 2 II; ~J _G .11; , .. .. g, Is .., " - - ~ II 10nly II requ..ted ~ ... ., II E DER: J' :a.. Camp~l' 111m. 1 .nd/ol 2 lor .ddltlon,1 ..,vie... S . Campl.t. 111m. 3. .nd ... & b. , " Print YOUI n.m. end add".. on the rlv.,.. of Ihl, "orm 10 tMt \.... can l ,.Iurn tN, c:ard to you. - !! . Att.ch thlt 'otm to the front of 'thl mIUpi.CI. or on th, back If 'p,ce e do" not permit.. : .s . Writ. ','R,lum A.Cllpt R,qUllted" on the m.ilpI,cl below lhe artlel. numbtr 2. V Restricted Delivery. ).. TheRltumRtc,lptwlnlhowtowhomtht,"lcllw.,dtliv"'d.ndlhld.l. . ",. " . , ".' / g d,IIYtr,d. Consult oltm8ster for fee. , . ~ 3, Article Addr....d to: 4e, Artlcl. Numb.r l i TINA J KLESS Z 070025 378 E;~ 31 'g LOCUST ST. 40b, S.rvlce Typ., 0 I B R.gl.t.r.d . In.ur.d i !!l~, MECHANICS BURG PA 17055 to C.rtlll.d 0 COD " J l:j" 0 Expr... M.n 0 R.turn Rocelpt rd.. I ~. 7, D.t. of D.llv.ry , Z I a: 6, l~ : II I ,,, PS Form ,D.c.mb.r 1991 *U.a.GPO:ll1)-O'HI4 JI: " i- i 1.1'0 wl.h to r.colv. the following .orvlces lIoran extra '..1: 1, 0 Addl.....'. Addr... 9, Addr.....'. A .nd I.. I. p.ldl ...i: ; i'~ ii i: ill:! , ';- ! DOMESTIC RETURN RECEIPT: i il. . 0.'-' .. ...... . ~ _. .- .'-.. ...- , " ..-' . . , . I I I I. I I I' I I I I I t , I I. I 1 I I I I I ! \1\ \ , , OW.11l BUlin... i \ " , I , , i l . ~ . 'p J " Print your nomo, oddlOl1 ond ZIP Codo here . I r .1 , "1 . .1 'I I I 'l . . , 1 "'1 . .' 3RONALD .IUTLBR X 4lIO . . PA 11108 . Ii "11I1111.,.1111,,,111" 1.11,1 11I11 ,111111111111. ,1.,11:1\,",;11,11","1,11 / , ,<'- _,,-,..;<.~.,..,, "c',,, \ \ j~ ~ , / ,; , , '...~. \ " ---- -.-- ..-..... ~- -.. -.. . --.-'. .,_ t . , ...- FRANK S. KLESS, I IN THE COURT OF COMMON PLEAS OF plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I CIVIL ACTION - LAW I TINA J. KLESS, I IN DIVORCE Defendant I NO. 95-1351 Civil CERTIFICATE OF SERVICE AND NOW, '1-'-' this ~ day of March, 1995, I, Ronald D. Butler, Esquire, attorney for Plaintiff in the above captionsd matter, hereby certify that I served a true and correct copy of the Complaint in Divorce filed under section 3301(c) of the Divorce Code on the abovs captioned Dsfendant, Kless, by csrtified mail, rsturn receipt requestsd, restrictsd delivery, on March 16, 1995, as evidenced by tho green receipt card attached hereto. m~ Ronald D. Butler, Esquire Attorney for Plaintiff , --'_..,--"--~ .- -, -- - ROlIllllT II, LIIJIllJIlMAN MH1KNeV AI' rAW tllf".. "1I'H)",n hnltUt .'CUNo -""'I:, "'''''Ul''.. .u". "^"II""JIIlI, "UNN.\'J.\'^NIA 1110,","" - ton., o.."c. MU" .., r:U::O-CFF:CI: (0: ", :.~ r',l''':'f''.'f',q'.\-,,~V ..' " . ;".",1",,-,,',.1/,1:1. 0;'" 1-'," 1',11 . I) ..'" , v FIi 4: 02 (IU',.':.,' '!" '."""1 '" ..' "'.d,.,j'.., .,.J L'.....t,. "J! 1 '.:..:\ ':.. 0: .\./' '" ~'.1' \ t I.. ,I'....)ild ',._._,' I, __~B~~U__S.._~~S~~____.____..._._._.___.. rn the Court ol Common P1= ol Cwnllerlaad Colll1l}', Pmnsylnnia. !'l1'!ln~i;.F -----_...--------------_.-----~--------------- VI. N.). 1 g9'i _1 ~'il ---....-.-----..-----------. Civil. 19...__. 'I'INA'J. RL1':SS, --..--..--------------------------------------- ------------.--------.-..--.--.------.--------- Dp.fenr1ant ,-----._-------------------------~------------ __.____..._ _._... . .. ___.w ._.___.__.__.._......____ -..-------..--------..---....----......----------------------------...----...-..----.--..--------..-----.. ._ .~. ~~ ~.:'?~__'!!.:.~~!~~_!!',L~p..e~_~:!I_ fl~!!_ _~..Boo ~!_..t:.!?I.!l!:i'._!.. ~:..? !~. i !1.t:.i !..r:.:~_l?,':?_Ij:__~ ~_ .~l_t; "Po r mil n Please enter my i1pp~i1rance as attorney for nli1intirF-Jufith A. Cal'~ln .---.------.--------------------------------------..--------_.._-----------_._------_.---~----. .-----------...-----------...-------.---------.--------------------------------------------------- .--------------------------------.-------...--.--.---------.------.---.----------.------.-.------- ------.-----------------..--..---..-----------------------------------.--------------------------.- -------..-------------- -. ----------...----------------- . ---- - -- -----..----. -- .-----.--------- To _____________________.________.____. Prochonotary -----------------------. U~ . . } ~----i.--- $~?pl,~ ~,1 Ro"C'rt, n. T. .' ...... ,- -.--- -.- .... --.- .. --.. . -.- <. No, .-.----.-------------- T~nn, 19______ ---------------------- -----.-.----------- VI. -------------------- -------------------- PR...ECIPE FU~d --------------------------- I!)----- -------------------------- - _ ______, "'ny, ----------------------------------------- ~ c3 " .'," I ',- , r..) . -" , .- : ;~i )1," ...J .....; - TV \ 17 ,l r { I \ i ~~;-:'7 \' .,{:f}:c '\ ._ t \,-o,:.l'>' \ (, r....."' ! -, " I '-i', .;,. ;1.' ~ -- ;..... ..- ...... -,.' .~- S'i1't'/4C. lit " ~ . , , . . f . FIlM1K S. KI,I~SB, 1'll11111.1rr IN 'l'lm Cllllll'l' (Jf' COM140N PI,I':M; ClIMIIl':III,MlIl CllllN'I'Y, Pf:NNSYJ.oV/\N 1/\ Vfl. Nil . 9!i - I .l!i I C I v fl '1'0 nil '1'IN/\ ". KI,f:BS, IN IJ I VOllcr,: Dp. rGlldl111 I: NOTICE OF INTENTIOtl TO REQUEST ENTRY OF A DIVORCE DECREE '1'0 I 'I'WA J. KLESS, DEFEllDANT YOII hl1vG hnp.1l slIml 111 1111 I1CI: 1011 rOI: dl.vor:cn, YOII hnvo rnilnd tn ,1l1flWrn- tho c:olllplnlnl: or' (11n it (:01111\.01' iI U I r1i1V 1 I. l.o I:hp. P I ill 1ll.1. rr I R iI rr I.dilv 1.1.. 'I'hem [oro, Oil or ,1[I.Gr MilY :19, 19%, I.he pl.il1111:][( Cilll I:oqlloal: I.he COlll:t 1:0 r:!Il 1.0 r' iI [111i1J decree 111 divol:cP', I ( YOII do 1101. [II n wi Lh t.ho prothol1ol:ill'Y () [ I.he cOllrt illI illIRwer. with YOIII: Rl.gl1l1t.llr:e 110l:<1I'I?ed or. verl.[l.ell or. .1 COlll1tP.J: ilrrldilvil: by I:ho i1bove d"te, t.ho COIII'I: ciln 'ilnl.er iI rll1l1l IIp.cree ill dl.vorce. IJl1less YOII hilve illreildy rUed wlLh tho cOllrt. ., wl:1 Lton clillm (or er::01101ll1.c !"p.l.le[, YOII Il\IISt. do ao hy 1:1111 il\!OVO r1i1tn or: tho cOllrt IlIilY gl:11111: I:ho r1l.von~fl c1IHI YOII w1 lJ losp. [OI:ever: the r.lghl: to i1sk [01: Acollollllr. reller. A COUllTER AFFIDAVIT WIIICH 'IOU HAY FILE WITII TilE PROTIIONOTARY OF TilE COURT IS ATTACHED TO TIIIS NOTICE. 'IOU SIIOULD TAKE TillS PAPER TO YOUR r.Ml'lER AT ONCE. IF YOU DO tlOT "AVE A LMI'lER OR CAIllIOT AFFORD ONE, GO TO OR TELEPIIOIlE TilE OFFICE SET FORT" BELOW TO FlllD OUT WHERE YOU CAN GE'l' LEGAL HELP, COllrt /\(hlll,niBtr:I1I:OI' ClIllIhorll1l1d COllnty COllrthollso Cl1ril.Ble, 1'/\ 17013 (717) :140-6:100 .:.... . '. , \ , , . "' I . . . . VllflNK H. KI.I.:HH, 1'10 InL I I r I N 'I'm: COIIll'I' Ill' cnHMON 1'1,I':flH t:lIHlllml,flNIl C;OllN'I'V, I'ENNSVI.vflN I fI VA. tin , 9!i - 1.3!i I C I V \I 'I'e rill '1'INfI ./, KI,F:HS, Ilo[elldnllt CIVil, flC'I'lllN-1I1 DIVOItCE Iml'l':NDflN'I" s COlltl'I'I':1l fIF'...lllflV 1'1' lINDEIl Sr.C'I'lON 330 I (d) 01' 'l'lm III VOIICE: CODE: J. Check ei.ther (n) or (b)1 (0) I do not oppoAe the enl.ry 01 0 dIvorce decren, (h) I oppose Lhe entry o[ n dlvfJl'ce decree hecnllsf! (Check (I.), (i i.) or both) I (I) 'I'he pill~t1(!A to LhlA ,'Gt.lon hove not I.tvell Aopor:nte nnd npor:t [or il 1'01'1,011 01 ill lenal'. lwo yeors. (i I) 'I'hn JIInrrlnye IA not i rret:dovilbly hroken. ~. Check e.lther (n) or (b)1 (n) I do nol WIAh lo JIIoko /lny clnlllls [or econol1ll.c reUel. ~ 't IInclerst/lnd thot J moy lOAe r1yhlB concerniny nlJl1Iony, dlvi.Alon o[ proporty, Inwyer'B fees or f!XpOnReR I.[ I do nol. clolm I.hP.lII beloro n divorce Is grnlll.ed. (h) I wish lo clnlm oconollllc rol leI which milY Inc,lllde ilIIIlIOIlY, divisIon 01 properly, InwYf!I"R [eea or oXl'ellRnfl or other IllIporl.ilnt r"lyhts. , . ._' I..... . . , . . . . . 1 vedf.y thnt tho atnl.omolll.B IIIllde 111 this llCCldnv.lt nre true nllrl correct. 1 ullderstnnd t.hat CnLae Btlltemellts herelll are Inllde suhJect to the pennLtlos DC J8 Pll.C.S. 4904 l:oLntJlIg 1.0 UIIRworll fillRlfLciltJ.OII to i1ut.horltJ.es. Dnte: 'Ulla J. KIeDR NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter affidavit. r , . J" " . . , . '" .. : ... SENDER: I -I .~..."....,-..alot__ 'I .CCmpItII""". 4.. and 4b. I I .PMI yournomo ond oddm. on"'''- oIthlo Iocm 10 Nt ~"'umlli. I .......you. , . . j'.,:, I .M....INoIocm..U.tcorl..U.~.OIonU._N_-naI I II .=lRoIumllooo/pl_ocronU......--bIIowlho.-....-. : S .~_pl..I_I._...___ondU.daI. f,,'.' : 13s' I "11Id ~ d C4' 0 4a. Ol(.~" 9 3 l{ ~ J.tf I l/S", r\J "'fllv ie-V 0, b 4b, Ir;tclryp. J: , G~~e.!O" Al:S'Ol!..i/\-~eS lJRegI.tlred ;:e::c.rtlfted {' : e.1l. lJ Expre.. Mell lJ lnaured I I 0 I '3 WI" ,.,... II'" 0\.... lJ Rellrn RecllplIor Mllthand18 lJ COD I S ~ \ -\ e , \) 0 7. Olt. 0 IlIv. I ~A... '1 0 Y J $ CIl" I 6, Addll '1 "" (Only" reque.ted I ~ I1ld fee & psld) ,: II 'I i!. " .II I 8110 wtsh 10 1ICllve th. IolIowIng 18Mce. (lor en '~I): 1,~ Addre...... Addr... 2, [J R.a1rlc\ed D.llvery Consult poatmall., 101 ,", J!: ! r < ,. . Z 069 934 829 ~ Receipt for Certified Mall No Insurance Covllrauo Provided - ..';tllt'.1'::a 00 not usO 1m lnlctnulional Moll ISeo Reversul C"",dl ID rc ~\.."I .,.-, , ~ll C.'I;!""""" Sl.t..., lJolo','o"'_ I.." - fl..'I'..'..\II>.-.....'W'.... - 1'.lll,n I~.., lI'rl "I h('''''''.J lil\\"l)mjl,U.."tloo!,..II'.,1 \. \ 0 $3. ",. . . " ~ , , . . ~ I ~ ,0 I 1[1 ,~ :!1 '0:: "'OW ~=. 'IF,; -~ I,,,~ (' , - ') -;:. --J ,-:,~ t,' j ;;!. U;. .1.:., -, .." ..J ~:: -. -' ~~l ~, .. '. ~ L,) {';.q .. -. ;l'"\, '!1 ~ .. :s:- :t ..-.". ...'". ~: \ . , I:{ 1 '7 19\1!.'~ STATE OF PENNSYLVANIA CUMBERLAND COUNTY ..........-.......-...-............-..-. Frank S, Kless, Plaintiff OUALlFIED DOMESTIC j\ELATIONS ORDER v. Tina J, Kless, Defendanl No. ~ S. \ 3 SIC. " v i I QUALIFIED DOMESTIC RELATIONS ORDER IT IS ORDERED, ADJUDGED AND DECREED, that Tina J, Kless shall receive payments from, is recognized as and designaled an Alternate Payee of The Retirement Plan for Eligible Employees of Pennsylvania Blue Shield (hereinafter sometimes referred to as "Retirement Plan") in compliance wilh Section 206 ofthe Employer Retirement Income SecurilY Act of 1974, as amended ("ERISA"), and Seclions 414(a)(13) and 414(p) ofthe Internal Revenue Code of 1986, as amended, as follows: 1. The participanl is Frank S, Kless (hereinafter referred to as "Participanl"), whose Social Security number is 191-42.2280 and last known mailing address Is 913 Loring Lane, Mechanicsburg, Pennsylvania 17055, 2, The alternate payee is Tina J, Kless (hereinafter referred to as "Alternate Payee"), whose Social Security number is 168-48-3703 and last known mailing address is 31 East Locust Street, Mechanicsburg, Pennsylvania 17055 , ~ . , 3, Thc Participant assigns to Ihe Allemale Payee a portion ofbcnefits from thc Participant's benefits from Thc Retiremenl Plan for Eligible Employees ofPennsylvllnia Blue Shield which is a defined benefit pension plan, Thc Plan Administrator ofthc Retirement Plan is Pennsylvania Blue Shield. 4. Thc parties Intend this Order to be a Qualified Domestic Relations Order under the Retirement EquilY Acl of 1984, S. The Retirement Plan provides for various forms of distributions of retirement benefits, With certain specified limitations, thc A1tematc Payee may elect thc manner, form or commencement dalc of benefits in accordancc with thc provisions ofthc Retirement Plan, IT IS HEREBY ORDERED AS FOLLOWS: A, That thc A1temalc Payec is hereby awarded thirty seven and onc half percent (37.1/2%) ofthe present valuc ofthc retirement benefits ofthc Participant under thc Relirement Plan. The present valuc shall bc del ermined as of November 30, 1993 based on the actuarial assumptions in the plan at that timc, B, That in the event thc Participant receives any employer subsidy for early retirement, thc retirement benefils duc the Alternatc Payee pursuant to this Order shall bc determined or rc-delermlned as the casc may be, to inelude an amount equal to Ihirty scven and one half percent (37-112%) of said employer subsidy, subject to the terms and provisions of Paragraph C, 0, That the distributions of the Alternate Payee's retiremenl and survivor benefils " ' , . C, The A1lemate Payee's interest in the relirement and survivor benefits under Ihe Retirement Plan, including her inlerestln any employer subsidy for early relirement, shall be calculated solely with respect to the Participant's involvement with the Retirement Plan belween September 9, 1978 and November 30, 1993, The Alternate Payee shall have no right of claim to any retirement or survivor benefi\S arising from or auributable to Ihe employment of the Participant before or after this period of time. under the Relirement Plan shall be calculated with respect to the date or birth and life expectancy of the Alternate Payee and shall be actuarially equivalent to the benefit assigned in Paragraph A, If the A1temale Payee elects to commence benefits prior 10 the Participant's allainment of normal retirement date under the Retirement Plan, the Alternate Payee's benefits shall be reduced using the Retirement Plan's reduction factors for early retirement to reflect the Participant's age at the date that the Alternate Payee commences to receive benefits, Payments hereunder shall commence upon the participant's allainment of the earliest retirement age, as such age is defined in the Retirement Plan, or upon such later dale as Ihe Alternate Payee shall hereafter elect. The Alternate Payee may hereafter elect any olher manner, form or commencement date of benefits permitted by the provisions of the Retirement Plan, other than a joint spouse, The Alternate Payee's elections shall be made by wrillen instrument bearing her E, That to the extent possible, the Plan Administrator shall segregate Ihe benefils signalure, delivered to Ihe Plan Administrator, allocaled to the Allernate Payee by Ihe terms of Ihis Order into a separate account ror aecounting purposes, t--- .. , \ F, That the Participant's death shall not affect the Alternate Payee's entitlement to Ihe benefit assigned hereunder, that the payment of all of the benefits assigned to the Ahemale Payee hereunder in no way be contingent upon her survival of the Participant, and the fun benefit assigned to the Alternate Payee hereunder shall continue to be paid to her (or her designated beneficiary or joint pensioner) after the dealh ofthe Participant, G, That with respect to the Alternate Payee's right to the foregoing benefits, Ihe Participant hereby waives and is now barred from taking any other actions which would impair or infringe upon the Alternate Payee's rights under this Order, provided that said waiver and bar shall have no application with respect to the balance of the Participant's benefits under the Retirement Plan, H. That nothing in Ihis Order requires, and this Order shall not be construed to require, the Retirement Plan to provide the Participant or Alternate Payee with: I. . Any type or fonn of benefits, or any option not olherwise provided under the tenns of the Retirement Plan; or, 2, Any increase In benefits, detennined on the basis of actuarial value, to which the Participant is nol otherwise entitled, I. That this Order is applicable solely with respect to the interest of Ihe Participant under The Retirement Plan for Eligible Employees of Pennsylvania Blue Shield maintained for the benefit of ils members, J. That this Court retains and reserves jurisdiction to amend this Order as follows: I, For the purpose of establishing or maintaining this Order as a Qualified Domestic Relations Order; and/or, ~." \ . ' 2, To reserve or conform the terms of Ihis Order so as to effectuate the express provisions oflhis Order, or the parties' Marital Selllement Agreement dated June 28, 1994. 3, To revise or conform the terms of this Order so as to effectuate the parties' intentions as expressed in said Agreement and this Order. K, A copy of this Order shall be promptly submitted by the Participant or his counsel to the Plan Administrator ofthe Retirement Plan, Signed at on this -z.o day of \MUAj ,1m ( J, APPROVED AS TO FORM AND CONTENT: '-:~M~\~'~\~ Frank S, Kess ./it{ ..1'Attomey for Frank S. Kless ~~~~p ina, ess c-Q, ' Attomey 11 r 'na J, Kless ::S f 1, ~ .Iv ~ ~"l.) ".c:t- @ -' (" . IL'- t',. \" ( " (~, , . , L.. - " , , Ii .' " , ~~ i~hl ~ c> '" ~~ " ::>";! ~:!l '" ~ - ~!:: \j.l ..... J~ !i , ,); 0( .... ~ II!, 'il c" ~~~~I :I . ~ ~., ::it!> ~ ..!:i ~~ ;1 ~ tit,! :: ~ ~~ j ,11,_ !I~~ . :: ~ t!p, t!8 ;:a~ '" 151 u"'_ . . ... ~ ~ . III ,., ~ ~ i!1 , , , , , . , '. ~ \ TINA J. KLESS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COIlNT'i, PENNSYLVANIA vs. NO, 95-1351 CIVIL TERM . . FRANK S. KLESS, . CIVIL ACl'ION - LAW . Defendant . CUSTODY/VISITATION . ",,) ~ OODER OF CXXJRT ~.. '1 fi .......1 AND to'I, this 2...tfiday of ,q.Jf1...~t ' 1995, upon con~i~~rati~of the attached custody Conciliation Repor~ it is hereby ordered"~d,~ir~~ed f 11 ,-. .' -. r,' as 0 owe: .,,-u:t:-'; 1I1 1> CD:" &.D ~: .-,..!:("'l 1. The parties shall submit themselves and their minor cliildren:i> a custody evaluation to be performed by an independent evaluato~$hosea;by mutual agreement of the parties and counsel. The purpose of the cu6a>dy evaluation will be to assist the parties in making appropriate custody arrangements which will best serve the interests of the children. The parties shall sign any necessary authorizations to allow the evaluator to contact school officials or other individuals who may have information which would be useful to the evaluator. The cost of the evaluation shall be allocated between the parties in direct proportion to their respective incomes. 2. The parties and their counsel shall meet with the Custody Conciliator, Dawn S. sunday, Esquire for a second Conference on November 14, 1995 at 4:00 p.m. 3. Pending further Order of this Court, the parties have agreed to the following temporary custody arrangements: A. The Mother and the Father shall have shared legal custody of Andrea Marie Kless, born July 13, 1982 and Darren Michael Kless, born August 19, 1984. B. The Mother shall have primary physical custody of Andrea Marie Kless. The Father shall enjoy partial physical custody of Andrea on the weekends of August 18 through August 20, 1995 and August 25 through August 27, 1995 and on alternating weekends thereafter at times to be arranged by mutual agreement of the parties. C. The Mother and the Father shall have shared physical custody of Darren Michael Kless with the exchange of custody to take place on a bi-weekly schedule. The Father shall have physical custody of Darren from August 13, 1995 through August 27, 1995 and the Mother shall have physical custody of Darren from August 27, 1995 through september 10, 1995. The periods of custody shall alternate bi-weekly thereafter. D. For celebration of Darren's upcoming birthday, the Mother shall have partial physical custody of Darren on August 21, 1995 from .. ~ 6:00 p.m. until 10:00 p.m. E. The parties shall share physical custody of the Children by mutual agreement on any holidays that may arise during the course of this temporary order. 4, This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. Both parties retain the right to contest all matters relating to custody at a future hearing in the event the parties are not able to reach an agreement after the independent custody evaluation and subsequent Custody conciliation Conference. BY THE COURT, ~. ar...fot2i.. { J. cc: Susan K. Candiello, Esquire ._ Robert B, Lieberman, Esquire ~.... ~ a/:J.'f/9,j, """,P. \ .. TINA J. KLESS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COIJNTY, PENNSYLVANIA vs. : NO. 95-1351 CIVIL TERM FRANK S. KLESS, Defendant CIVIL ACTION - LAN CUSTODY/VISITATION CUS'lOOY COOCILIATIOO stJoIHARY REPmT m ACCOODANCE WITH cumERLAND CXXBl'Y RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subjects of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Andrea Ma~ie Kless July 13, 1982 August 19, 1984 Plaintiff/Defendant Plaintiff/Defendant Darren Michael Kless 2. A Conciliation Conference was held on August 16, 1995, with the following individuals in attendance: The Mother, Tina J. Kless, with her counsel, Susan K. Candiello, Esquire, and the Father, Frank S. Kless, with his counsel, Robert B. Leiberman, Esquire. 3. Although the parties were unable to agree as to custody arrangements which would best serve the interests of the Children on a long term basis, the parties did agree to have a custody evaluation performed to assist them in their efforts to reach an agreement. The parties agreed to temporary arrangements governing custody until the custody evaluation report is available and a second Conciliation Conference is held on November 14, 1995. 4. The parties agree to entry of an Order in the form as attached. !fvStLoJ '.:)1 /19}, Date I a'~L-,.d.f9- Dawn S. Sunday, ESqu r Custody Conciliator . "'. " /0" - - ~ ..\.~" -- -: . . . ; , ., . .-.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95 - 1351 FRANK S. KLESS, CIVIL ACTION - LAW DEFENDANT CUSTODY / VISITATION 9RQER OF COURT AND NOW, this ::)U Iy ~ ,(,..,.(~', upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before -.fl,.,....1\ s". 51o\./'Idc.y tSc, the conciliator, at :-z.q W. VVk<~1\ 5~, M...c:h:'n;<'iob...,., ,_' on the ---ft..1..6- day of ItlAfj lAst- ,1995, at ~ o'clock ~,M" for a prehearing Custody Conference. At such V. TINA J, KLESS, PLAINTIFF 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. Either party may bring the child/children who are the subject(s) 'of this custody action to the conference, but the child/children's att~ndance is not appear at the conference may provide temporary or permanent order. mandatory. Failure to grounds for entry of a FOR THE COURT: BY: ~.u.on, ~ A".)"" ~, CUSTODY CONCICiA'fOR ~ 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR CARLISLE, PENNSYLVANIA, 17013 (717) - 240 - 6200 . 'j f ICr l)f ~ .' \11')"''''' .\h' CUH .i'\.o'.lrJ (1" ,\1 h.h!i~fL<.'t"'\':' JUl ~i 3 su r" \~~ " 7k/tt~ (kJ, ~jJf /TIJ/7J at; 6f~ 7/5~ '1ldiU ~/~ ~ '7/5/95 &f1 ~~ ~ fJ ~~ ,. ,I , I COMPLA I N'L-FQ!L.CU~TODY 1. Plaintiff is TINA J. KLESS, who currently resides at, 31 East Locust Street, Mechanicshurg, Cumberland County, Pennsylvania, 17055. 2. Defendant is FRANK S. KLESS, who currently resides at, 913 Loring Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks Full Legal and Physical custody of the following children: NAMES ADDRES~ 31 East Locust Street Mechanicsburg, PA 17055 31 East Locust Street DATE OF BIRTH 7/13/82 Andrea Marie Kless Darren Michael Kless 8/19/84 Mechanicsburg, PA 17055, and at times at 913 Loring Lane, Mechanicsburg, PA. 17055. The children were not born out of wedlock. , I The children are prenently in the custody of the Plaintiff, Tina J. Kle3s. who resides at. 13 East Locust street, Mechanicsburg, Cumberland county, PA, 17055, The son. Darren Michael Kless, does presentlY spend more time with Defendant. under a previous joint custody agreement. made between the parties, themselves. Since the children's births. the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES. DATES plaintiff, Defendant, Jonestown. PA 1982 to 1983 Plaintiff . Defendant, Hampden, PA 1983 to 1989 plaintiff. Defendant, Mechanicsburg, PA 1989 to Present The Mother of the children, is the Plaintiff, Tina J. Kless. who currently resides at 13 East Locust Street. Mechanicsburg, PA, 17055, The Mother is single. The Father of the child. is the Defendant, Frank S. Kless, who currently resides at 913 Loring Lane, Mechanicsburg. PA 17055. The Father is single. 4. The relationship children is that of of the Defendant, Frank S. Kless, to the natural Father. The Defendant currently . . resides with the following persons: t!.bHE:. RK4bT-tOJi.SJUP-. Darren Michael Kless Son The relationship of the Plaintiff, Tina J, Kless, to the children is that of natural Mother. The Plaintiff currently resides with the following persons: NAME;, Andrea Marie Kless Darren Michael Kless RELATIONSHIP Daughter Son 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. 6. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Plaintiff is able to provide a loving environment for the children, and has done so for her entire life; (b) Plaintiff is able to provide proper care and supervision for the children and has done so for her entire life; (c) Plaintiff is able to provide a safe, proper physical environment for the children and has done so for her entire life, . I Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, Tina J. Kless, respectfully requests that this Honorable Court enter an Order: (a) Awarding Plaintiff and Defendant, Shared Legal Custody of the minor children; (b) Awarding Plaintiff Primary Physical Custody of the minor children, naming Plaintiff as the Primary physical custodian of the children, subject to Defendant's rights of Partial physical custody, as the parties can mutually agree to. Respectfully submitted, DATE: d~ , 1995 0C~~ ~(~c-flO~ Susan Kay ello, Esquire Attorney I,D. No, 64998 110 South carlisle Street P.O. Box 670 New Bloomfield! PA 17068 Attorney for P aintiff ; . , TINA J. KLESS, IN THE COURT OF COMMON PLEAS PLlIINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA V NO. 95 - 1351 CIVIL ACTION - LAW FRANK S. KLESS, DEFENDANT ACTION FOR CUSTODY VERIFICATION I, TINA J. KLESS, verify I am the Plaintiff in the foregoing action, that the attached complaint for Divorce and Custody is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint is that of my counsel and not mine. I have read the Complaint and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint is that of counsel, I have relied upon counsel in making this Verification, I understand that I am subject to the penalti~s of 18 Pa. C.S, section 4904 relating to unsworn falsification to authorities for any false statements that I have made in the foregoing Complaint. DATE (" j,Nl/ti5' MtA ~~~ ~ , , ., TINA J. KLESS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V NO. 95 - 1351 FRANK S. KLESS, CIVIL ACTION - LAW DEFENDANT ACTION FOR CUSTODY CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, hereby certify that a true and correct copy of the foregoing COMPLAINT FOR CUSTODY was served by first class mail, postage prepaid upon: Mr. Frank S. Kless 913 Loring Lane Mechanicsburg, PA 17055 Date~ , 1995 PA 1706B JUl 3 3 00 PH '95 r >1" i.lff Ir,E Of 1 ,~l, Ii,') ftlPNnAr,y CUlt,"ERLI.!IO COUNTY f LII/jSfLVI,~IA ,t/5-:()CJ~' 4t~ t)/I-- 107'1 .~ ~/~'O? 1.>') r ..'. ..).....~..~-- -^ ..~-_. , , \ .1 '..~.... .. i i I I i --.~ .--,-..- .~ ~_~";.4'"""_4:=:"":_=~~~__:--~~} ''"' :_.' "'.,c_:__...., >(~ ~ '] I:: t,-~ .' "lI(_7' C?: 11..,. ().... "t".. .j"-) n:\,' ;>..: ;:" ~L N ,:/1 ft~ll :-:~" ;')(;j r::: ::.~ !.'d ll.. b S 3 . ~~ -;r' !( - ... " ~ 4 F . ~ ;1 \.J ~~ . ll. ~ . ~ (I) I ~ ~f~1 i~ .1 .1 l5 ;:!j '" \.J u1 ~iI ~ 0 ~ ii: (I) ~ it~ ~~ 8 ~ ~A i l> Z~CI: :5~ ij7 . hi ~ . Ul ~ ~ ..., (I) ~f:l~~ ~ I ~ i ~ .. Ii . , . . . . .~ I,~ IU97W ORDER OF COURT STIPULATION FOR AGREED ORDER OF CUSTODY AND ADDENDUM TO MARITAL SETTLEMENT AGREEMENT AND NOW, ~.z. '7-- ~, 1997, after presentation and consideration of the attached STIPULATION FOR AGREED ORDER OF CUSTODY, it is hereby ORDERED AND DECREED that said STIPULATION, as submitted and executed by plaintiff, TINA J. KLESS and Defendant, FRANK S. KLESS, shall be incorporated into and made a part of this Order, thereby giving said STIPULATION the full force and effect as an Order of this Court. By the Coui: (, J. ~, ,,. ,1.1 . :'~ \" .1;",..-\ ""'" ';^1~1 o~ :J It I ?(;iLi I,ll , " ,V..:j1.... .' >\.,' i:2:';;I)C!,I'j TINA J. ItLESS, I IN THE COURT OF COMMON PLEAS Plaintiff I OF CUMBERLAND COUNTY, I PENNSYLVANIA VB. I NO. 95.1351 FRANK S. KLESS, Defendant CIVIL . IN CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff ("Mother") is TINA J. KLESS, who currently resides at 31 East Locust Street, Mechanicsburg, Cwnberland county, Pennsylvania, 17055. The Defendant ("Father") is FRANK S. KLESS, who currently resides at 913 Loring Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. ANDREA MARIE KLESS, born on July 13, 1982, and DARREN MICHAEL KLESS, born on August 19, 1984, who are the subject of this Custody Agreement, are the children of the plaintiff and Defendant. It is Plaintiff's and Defendant's belief that it is in the best interest of their minor children to have a meaningful ongoing relationship with both their Natural Mother and their Natural Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, TINA J. KLESS and Defendant, FRANK S. KLESS, have entered into a mutual agreement regarding the custody of their children and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 pa.C.S.A. Section 5302) of their minor children, ANDREA MARIE KLESS and DARREN MICHAEL KLESS. . , "t - ....- .-;"'''--..- .-.-.~.,.. ---. 2. Primary physical Custody of ANDREA MARIE KLESS and DARREN MICHAEL KLESS, shall be with Plaintiff, Tina J. Kless. Defendant, Frank S. Kless shall enjoy Partial Physical Custody of ANDREA MARIE KLESS and DARREN MICHAEL KLESS, according to the following schedule: A. Father shall enjoy custody of Andrea Marie Kless and Darren Michael Kless, together on alternating week, ends from Friday evening until Sunday evening; B. The following list of holidays shall be shared between the parties, as they can mutually agree, If either party shall desire a specific holiday for a specific time period, they shall provide notification to the other party, a minimum of one (1) month prior to that holiday; 1. New Year's Eve and Day 2, Easter 3. Memorial Day 4, Independence Day 5. Labor Day 6. Halloween 7. Thanksgiving Day B. Christmas 9. Children's Birthdays C. Defendant shall have the children on Father's Day and Plaintiff on Mother's Day from 9:00 a.m. until B:OO p.m.; D. The parties shall have the option of requesting one (1) to two (2) consecutive weeks of vacation, during the year, with their children, providing a minimum of thirty (30) days' notice to the other party prior to the time the vacation is requested. 3, Plaintiff shall have both ANDREA MARIE KLESS and DARREN MICHAEL KLESS as an income deductions. 4. Plaintiff agrees to keep the Defendant fully aware and informed of any successes, problems, activities, emergencies, etc., which the children become involved in. Defendant agrees to be active with the children and assist Plaintiff as needed with transportation and contributing equally to the financial costs of, school affiliated activities, counseling, p-xtra-curricular activities, scouting, and other such activities as the children shall be involved with. The decision as to the children's participation in such activities shall be made jointly by the parents but permission will not be unreasonably withheld. " This obligation to contribute equally to the cost of school affiliated activities, counseling extra-curricular activities shall remain in full force and effect for only so long as the child support remains at its current level of $663.00 per month. 5. The parties shall be free to mutually agree to alter and/or change the terms of this agreement. DATED: / J l( I /, . ~~O ~)..J I./.L<I Tio<!) J. less 'q~~ J~rJ(! Frank S. Kless" , 19~ tf. DATED: IzIJ'-' , , 1996 TINA J. KLESS, I IN THE COURT OF COMMON PLEAS Plaintiff I OF CUMBERLAND COUNTY, I PENNSYLVANIA va. I I NO. 95-1351 CIVIL TERM FRANK S, KLESS, I Defendant I CIVIL ACTION - LAW I IN DIVORCE ADDENDUM TO MARITAL SETTLEMENT AGREEMENT THIS ADDENDUM IS by and between TINA J. KLESS ("Ex'wife"), and FRANK S. KLESS ("EX-husband"); WHEREAS, Ex-wife and Ex-husband entered into a Marital Settlement Agreement on June 20, 1994; WHEREAS, Ex-wife and Ex-husband now desire to amend Article VI, Alimony/Child support/Medical Insurance of their Marital Settlement Agreement; NOW THEREFORE, Article VI-Alimony/Child support/Medical Insurance in the Agreement of June 28, 1994, is deleted and is replaced by the fOllowing: Ex'husband agrees to pay alimony in the amount of $448.00 per month for thirty-seven (37) payments commencing January 1, 1997. Said alimony shall terminate after the thirty-seven (37) payments or upon the death of either party or Ex-wife I s remarriage or cohabitation, whichever event shall first occur. Child support paid by Ex-husband shall remain subject to modification in accordance with the child support laws of pennsYlvania. In addition, the parties agree to share the expenses as contained in the parties' custody stipulation. attached hereto. A copy is Ex-husband agrees to maintain medical insurance coverage on the minor children, and the parties will share proportionately to their income all unreimbursed medical, dental, orthodontia, vision and psychological costs of their minor children. It is understood all non-emergency medical, dental, orthodontia, vision and psycholoqical costs must be aqreed upon by the parties, but neither will unreasonably withhold their permission for such treatment. Dated: \ IJL/ &11 ~\{ Q~D TI J. ss ~la,J ,\ 1{t~'1'1 K 5. KLESS Dated: /G!30!(n . , ........ _.. . ~'t'. # . '. "4-"'-" --~.... ,~~ ~ ' ; ". '. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION Defendant Name: FRANK S, KLESS Member ID Number: 1040000025 \)r~,~ Iv fAit 1'I...\t 001" AU <D,""pClDd,me wlL,rlncludelbt Ml'DIhcr III Number. l>DDIFIED ORDER OF ATTACHMENT OF INCOME Financial Break Down of MuUIDle Cases on Attachment 1'I.lntlrrN.mc TINA J, ItLESS TINA J. ItLESS r^CSES elSe Number 524000023 nl000025 (JClekcl l:!!!Jnls 9S CV 1351 839 S 9S Alllchmenl AltlOlInllF~Quencv 5 206.76 IOI-WEEK 5 426.00 IOI-WEEK 5 I 5 I 5 I TOTAL ATrACIIMENT AMOUNTI 5 632.76 To: HIGIlMARK INC Pursuant to the laws of the Commonwealth of Pennsylvania the income of FRANK S, KLESS . defendant obligor. SSN 191-42-2280 of: 913 LORING LN, MECHANICSBURG, PA. 170SS-4094 is hereby attached to the following extent. You are directed to pay to the Office of the Domestic Relations Section of the Court of Common Pleas of CUMBERLAND County the sum of $ 632.76 per BI-WEEK from the income due the defendant obligor. The attachment payment must be sent to the Domestic Relations Section within ten days of the date the defendant obligor is paid. Servke Type M Fnrm EN.028 Wnrker 10 21005 ~ PRANK S. KLESS PACSES Memher Numher: 1040000025 CHECKS SHOULD BE MADE PA Y ABLE TO: DOMESTIC RELATIONS SECTION AND SENT TO THE DOMESTIC RELATIONS SECTION AT: P,O, OOX 320, CARLISLE, PA, 17013 This order of attachment for support is binding upon you until further notice and shall have priority over any attachment, execution, garnishment or wage attachment under state or local law except one relating to a prior support order. You must commence the attachment of the defendant obligor's income as soon as possible but no later than fourteen days from the date of the Issuance of this Order of Attachment. You are notified further that pursuant to law: 1. The defendant obligor has been notified that an order of attachment for support would be issued. 2. Willful failure to comply with this order may result in (i) your being adjudged in contempt of court and committed to jail or fined by the court; (Ii) your being held liable for any amount not withheld or withheld but not forwarded to the Domestic Relations Section; and (ill) attachment of your funds or property. 3. The attachment of income or the possibility thereof as a basis, in whole or in part, for the discharge of an employee or any disciplinary action against or demotion of an employee is prohibited. Violation may result in (I) your being adjudged in contempt and committed to jailor fined by the court and (i1) an action against you by the employee for damages. Service Type M Page 2 Ill' 4 Fllrm EN -028 Wnrker 10 21005 ~_'r,""",.',~"".',,' ',\,'.:.'''''~.' , PRANK S. KLESS PACSES Melllher NUlllher: 104000002S 4. If there are In your employment one or more additional employees whose Incomes are subject to the Order of the Court of Common Pleas of CUMBERLAND County for attachment of support, you may combine the attachment payments Into a single payment to the Domestic Relations Section and separately Identify the portion attributable to each obligor. 5. You must notify the Domestic Relations Section when the defendant obligor terminates employment and provide the Section with the employee's last known address and the name and ,address of the new employer, if known. 6. The maximum amount of the attachment shall not exceed 50 % of the employee's net income which is within the limits set in the Consumer Credit Protection Act, IS U.S,C, ~1673, 7. The term "income" as defined by law Includes compensation for services, Including, but not limited to, wages, salaries, fees, compensation In kind, commissions and similar items; Income derived from business; gains derived from dealings in property; interest; rents; royalties, dividends, annuities; income from life Insurance and endowment contracts; all forms of retirement; pensions; income from discharge of indebtedness; distributive share of partnership gross Income; income in respect of a decedent; Income from an interest in an estate or trust; military retirement benefits; railroad employment retirement benefits, social security benefits; temporary and permanent disability benefits; worker's compensation and unemployment compensation, Page 3 IIf 4 Flinn EN .028 Wurker 10 21005 Service Type M PRANK S. KLESS PACSES Melllrn:r Numher: 104000002S GENERAL INSTRUCTIONS I, Employers may elect to deduct up to 2 % of the attachment amount for their costs, This . amount must not be deducted from the attachment. It must be paid from the employee's net earnings after the income attachment deduction has been made. 2. Dates monies were withheld from the employees' pay must be provided on the payment transmittal form to the Domestic Relations Office, 3. If you choose to make payments via an electronic funds transfer, Instructions may be requested from the Domestic Relations Office. BY THE COURT: Date of Order: OCTOBER 23 , 1997 JUDGE OROI R.J. Shadday CCI defendant Service Type M Page 4 nl' 4 Fnrlll EN ,028 Worker ID 21005 "- '... -' \.... ..~ C"", t"'!~ \." =:1 < \I' l-'\ \\. 1< , L,j, ~ ..' (~.1' \1\, \"1." , . 10\30 )q1 ~~c..... R&cJ.~~')\'~ f\\Ci&.cl Ncli:u -~ %~ 00d E m~(~(~U"\ , " ,. \' , '- t' "':. t.. '.' Defendant Name: FRANK S, KLESS Member 10 Number: 1040000025 ""... In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION Plra.. nulr, AU rurmpnudl'llrr mWllndudr tb. Ml'lllbrr III Sumbrr, HIGHMARK, INC 1800 CENTBR ST CAMP HILL PA 17011-1702 QRDER . TERMINATION OF INCOME ATTACHMENT , , ,;: Plaintiff Name '-'1'DCAt'J.';'1L!I88'. ~. ,TINA J, KLasS Flnandal Break Down of Multlnle Cases on Allamment P^CSI!S Dock', Cue Numher r:!.!!.J.nhu , 526000023. U CV 1351 911000025 839 S95 ~(,~u. ;<fdl1 i' i $ Atllchmrnt AmountlFmluency 207.00lBI-llBBK ,\_ , 62C ,00 ~BI-WBBB I ~ ~ I I "....". ,~ ...,.... , " TOTAL A1TACIIMEl\T AMOUNr, $ 633,00 / ;, ,;.. T9.; ."H~GIlMARK~ INC .dL' . ,. , AND NOW, \his 3RD DAY OF DECBMBER, 1999 \he Income Attachment Order dated FEBRUARY 3, 1997 in \he amount of $ 633.00 for , FRANK S. KLESS , 191-42-2280 is hereby ....... . TERMINATED, Effective immediately, you are directed to cease all payments and collections from \he income of Defendant which were au\horized by said Order, ..; ,", . II,' 1..:/' ~. . -.., "f , BY THE COURT: Date of Order: Decemloer 7, 1999 DRO.1 RJ . Shadday xc: defendant PRESIDENT JUDGE Service Type M I,","'" n 'rYW 'lC'n ~ ~ 1;;-1-71 ~ Form EN-032 Worker ID $IATT , I, n on p r; ld " i -=-, (".., ~ ..J i , q .~. " I:~:~' . n t .1'1. . , ;,'i.' I r!J 1 \!!. ID f \ , J) i , i "'" 's',J ,1;(., ,- ,';:IJ . - .'~. -"1'(-) '."\.- -,"-. ~..; ,:- :)lrI .. ~~ I ,~ .',. -< 1::0 ~1 .... ';., ,', -" In the Court or Common Pleus or CUMBERLAND County, PennsylvnllJn DOMESTIC RELATIONS SECTION TINA J, KLESS ) Duckel Numher 95 CV 13S1 Plahlllff ) Ys. ) PACSIJS Case Numher 52400002y.;>t/4 ...r., FRANK S, KLESS ) Defendalll ) Olher Slale 10 Numher Order AND NOW to wit, this MARCH 1, 2000 it is hereby Ordered that: THE ABOVE CAPTIONED ORDER OF ALIMONY PENDENTE LITE IS TERMINATED, EFFECTIVE JANUARY 31, 2000, WITH A BALANCE DUE THE PLAINTIFF IN THE AMOUNT OF $603.40. SAID BALANCE IS TO BE PAID IN FULL AND DIRECTLY TO PLAINTIFF ON OR BEFORE MARCH 27, 2000. PLAINTIFF IS TO CONFIRM TO DRO THAT THE SAID AMOUNT WAS PAID IN FULL WITHIN THREE DAYS UPON RECEIPT OF THE BALANCE. DRO: RJ Shadday plaintiff defendant Susan Candlellu, 1 BY THE cou~m .-- ,') ~" Geurge E. Huffer, , PRESIDENT JUDGE xc: SelVlce Type M Esquire ..,':1 ..,.".' .~Jt; '. ",~ '.. " , . ,.:"'~::~ f,.'_.."j.; .,.I~.~!...Jl.~ A(J..\J. ..&.o"'~ '1g'.CO - :J -- t.'() Form 01],00 I Worker ID 2100S - j". n C-J (l , (,') '" -:.~ . ..'" ,! '! I, , "J , ", I ,'1;\1 ()] ;t';) :ll., Pi1 :'_.i -., , " .- in , " v :..,! , , 0) -'. 1-,