HomeMy WebLinkAbout95-06670
~
Date: 12/06/95
RICHARD S. KLINE
COURT OF COMMON PLEAS OF LEBANON COUNTY
Time: 12:31:30
Action No. 93-20656 FAMILY DIVISION
vs.
SUSAN S. KLINE
INDEX ENTRIES
Party Indexed as P..: KLINE, RICHARD S.
First opposing Party: SUSAN S. KLINE
comment.............: DIVORCE
Filed on: 0/00/00 Microfilmed at:
Party Indexed as D..: KLINE, SUSAN S.
First opposing Party: RICHARD S. KLINE
comment.............: DIVORCE
Filed on: 0/00/00 Microfilmed at:
Judgment Amount:
Judgment Amount:
NOW,
the premises and of the
mutual pr(1l11i~l'~' l"(l\'l'1I111Il~ alld undcftukin,!!5 hereinafter set forth
and tel[ othcl ~olld 111111 valuahlc cllllsiderations, receipt of which is
''':reb~' Ilcknowlclj~ed b~ l'lICh of the parties hereto. Wife and
Hushand, l'IICh intendinv tll hc leglllly bound hereby, co\'enant and
1,~rl'C l'~ fullow~:
I,
t\OHI':I,;"mNT . NOT. ^ Jlt\R TO__IUYQJ{(::E~!tQs.::.~&Q~GS-,-
This
ACI CCllICllt ,hall not hc cons iderl'd to affect or bar the right of
II'lle or Ilu,hllnd to II dlvnrce on Inwful grounds if such grounds now
c.\:iq IH shllll hl'relllter exist or to such defense as may be
II\'a,lahle III l'ithl'l PllrlY, This A!'reement is not intended to
lOlldlllle alld ,II/oil Ilot be deemed n condonation on the part of either
party IIl.rctn of 1I1l~' al't or IIcts on the part of the other party
whil'h ha\'L' oCl'urred prinr to or which may occur subsequent to the
dllll'lll'll'llf,
2, EI'I'I;l:T.OJ: nJVORCE_Dr;~Xr:.E... The parties agree that, unless
lIllll,,,\i'e spccificllllY pro\'ided herein, this Agreement shall
l" Ii! i IlUl' I 11 Iu: I I' 0 I' cell n d e ff e c t n f tel' such time as a fin a Ide ere e
III dlvorcc ""1~' he entered with respect to the parties.
It is the
inlelll 01 the pnrt ies hereto that this Agreement shall create
L,"'llac'lual rights alld obligations entirely independent of any
l'l'lll t fl;--dl'r and the'll thi~ :\grcement may be enforced by contract
Icmc~lcS :11 IIddition to IIny olher remedies which mllY be available
pursua"t to lhe terms 01 this Agreement or otherwise under law or
l'q U j t ~. .
2
I,. ..f.....'.
J.
hG8 EEr.!.I;;l'l_'L~9._J~JL_INCQ.B 1:'9J~^'rEP__Il'l__!).1.v9!WIL.I!I~C;:;BF; E .
a~ree that the terms of this Agreement shall
The
be
Pil r t i (' S
incorporated. but not merged. ir1to lin)" divorce decree which may be
entered with respect to them. The pnrties further ngree that nny
Court of competent jurisdiction shall ha\'(, jurisdiction O\oer the
pnrtles and the subject matter of this Agreement for the purpose of
"nforcement of any of tile provisions thereof.
~. J>F[E_OUXt:.GlJ.'J:I.91'1.. The "ciate of execution" or "execution
date" of this Al!reement shall be defined as the date upon which it
is executed by the parties if they have each executed the Agreement
on the same date. Otherwise, the "date of execution" or "execution
date" of this A!'reement shall be defined as thc date of execution
l)v the party last executing this A~rcement.
5 AD'LLC1,-OF_C.oU.I'!.S.EL.c The prodsions of this Agreement and
their legal effect h!i\'e bcen full~' explained to Husband b~' his
Rttorney. Nora F, Blair. Esquire, Wife acknowledges that she hns
been ad\'ised of her ri!,ht to seek independent legal counsel and
that she hus fully nnd \'oluntcnily waived that right. The parties
ncl;nowled!,e that they fully understand the facts and ha\'e been
fully informed as to their legal rights and obli!Zations. and they
acknowledt:c Hnd accent that this A~reement is. in the circumstanc~.
fnir nnd equitCible nnel that it is being- entered into fre~ly and
YO; un t a :- i 1 y . aft e r h a \. i n c f e c: e i \" e d sue h n d \. ice and wit h 5 U c h
,:nowledge and that execut ion of this Agree-ment is not the result cf
any dufes.... or endue influence nnd that it is not the r~sult of any
:;
The
CllCh mildc to the other
a full and complete disclosure of th"ir r"speetlve ass"ts, estllte.
liabilities, and sourc,,' of income and thlll they wai,'e any specific
enumerat ion thereof for the purros"s of this A!-:reement. Each party
I'lHeeS that he nnd she shull not. at any future time. raise as a
defense or otherwise the lad: of such disclosure in any legal
pro(.:{,'cO in~
involving this Agreement. with the exception of
disclosure that may have been fraudulently withheld.
6.
PEj{SQ~L1U_Q)IJ"S-,
Wife and Husband. at all times
hereafter. may and shall 1 ive separate and apart,
They shall be
free from any control, restraint. interference or authority, direct
or indirect. by the other in all respects as fully as if they were
unmarried,
They may reside at such place or places as they may
select. Each may. for his or her separate use or benefit, conduct.
c:arry on and engage in any business. occupation. profession or
employment which to him or her may seem advisable,
wi fe and
Husband shall not molest. hnrass. disturb or malign each other or
tlw resrective families of each other or compel or attempt to
con!pe! the otber to cohnbit or dwell. by nny means or in any manner
wbatsoever, with him or her,
;;UIl-,<;J'QUI'folT _ JH':.c.QNJ.~ II.IAT ION.
The parties aeree that the
term, of this Acreement shall not he affc'c'led b>' their subsequent
c:o-hahitntion or resumption l.lf lIIarital relations. unl(>ss the
parlit!' otherwi~e specificallY llJ,!rcc in writing.
.
.,
-~
eAch <to llcrcl1Y InutUlll!y
g,
remise, releHse, quitclaim nnd forever dischnrue the other nnct the
estnt.. of the "ther, for 1111 time to come. nnd for nil purposes
whatsoe\'cr. of [lOd from any and all ri~hts. title nnd interests. or
clnims in or against th.. property (includin~ income and gnin from
property hereafter IIccruingl of the other or upoinst the estate of
such other. of whatever nature or wheresoever situate, which he or
she now has or at ony time hereof tel' may have agninst the other.
the estate of the other or any part thereof. whether arising out of
nny former acts. contrncts. engagements or liabilities of the oth..r
of by way of dower or curtesy. or claims in the nature of dower or
curtesy or widow's or widower's rights. family exemption or similar
al iowance. or under the intestate laws. or the right to take
ngainst the spouse's will: or the ri!,ht to treat a lifetime
conveyance by the other as testamentary. or all other rights of a
sunOi\'ing spouse to participate in a deceased spouse s estnte.
whether arising uc<ie,' the laws of (a) Pennsylvania, (bl any State.
commonwealth or territory of the l'nited Stlltc'S. or (c) any other
country. or Rny rights which either pllrty may have or at any time
lwreafter shall hll\'e for p.1't. present or future support or
maintenance, alimony. alimony pendente lite, cOllnsel fees. properlY
d i \. i :-.:. 1 Cl n. c () s t:-. "r {;'~; iH,' n s L' ~. w 11 {' the r II r i sin g it S H r l' ~ u I t (l f till'
maril;tl rc)ntlllIl l"'r l,thcrwisc. l'xc<:pl. Illi ri!-!hl~ and ,lcreemcnts
and {'bli5:atl(ln~ l'! what~..lH..~\'er llt1lUft: arisin~ or which may Ctric;"e
unllL'l t Jl i... :\~ rel'lr;o.:Jl t 01 f ClI" 1 he hrl';ll'h ul any pro\' i ~ ion t hcrt..'('1 f .
It i~ tht: inl!....lllllHl pf 1I\l~hand /lnd Wift: ll1 ;.:i\'L' ll' {.'<Il"h other ttlt.:.
-'
release
with rCSpcl't to any and all property of any kind or naturt:. real.
personal or mixed. which tiH' other no\\ owns or may hereafter
acquire. except and only except all ri!!hts and agreements and
obligations of whatsoever nature arising or which may arise under
this Acreement or for the breach of any provision thereof, It is
further agreed that this Agreement shal I be and constitute a ful I
and final resolution of any and all claims which each of the
part It:S may hli\'e against the other for equi table dl\'ision of
l'rupt:rty, alimony, counsel ft:cs and expenses. alimony pendente lite
or any other claims pursuant to the Pennsyl\'ania Di\'orce Code or
the divorce laws of any other Jurisdiction,
9, )lANK i\!;~9!J_RT_~,_L\t!!L~.E:fJJ{EM.m~':LACC9!!tiL'ic Husband and Wi fe
are the owners of indi\'idual bank accounts. retirement accounts.
t:mployee savings plans. 4011k) and stock bonus plans. Hushand and
Wife agree that these accounts and !Jlans shal I be the sole and
separate property of the person in whose name they are titled and
each party waives any rieht. title or interest they may have in the
other party's accounts and plans,
itc~..nowl(;'dge
that they have didded or will
di\'icle
do hereby
in the near
10.
PERSQtI..A.L___PROPE,RTJ_..
llusband
and Wi fe
future their taneibl" personal propcrt)', includinc. but without
I imi tRt ion,
,icweiry.
clothes,
furniturL".
furnishings.
ru~s.
CHfj')ClS. houschol<i t:quil'llletlt ilnJ appli(lllt:<:~. pictur'.:s. booh~. worts
~)f art and other pt.'r~onal prnpl.'rty.
Excc'pt :\5 ma)' be pro\'ided
l)tilt:rwi....... i:1 this :\!.!r~t:lllerlt. Huslland il'.!rt:CS thrtt all
propc-rty of
(,
of wif,,: lInd Wif" ""r""~ that all propert~' of lIu,iland or in hi<,
1'""."5sion ~hall il" tll" ",I" and separate property of Hu"lJand, Th"
part i"s cia h"reby specificallY wllil'''. relei""' r"nounce nncl forev"r
abanclon whatever claim, i I' any, he or sbe mu~' have wi th respect to
the nbove items which shall become the sole and separate property
of the other,
11, AfTr;R-~CQU!REJ2.rER.!i01'lL\LJ)RQ.i>f.Kty-, Each of the parties
shall hereafter own and enjoy. independent Iy of any claim or right
of tbe other, all items of personal property. tangible or
intangible. hereafter acquired by him or her. with full power in
him or her to dispose of the same as fully ancl effecti\'ely. in all
respects and for all purposes. as though he or she were unmarried.
12. REAL ESTATF" The part ies are the owners of a house
located at 966 Lark Drive. Dnuphin County. Pennsylvania.
Husband
shall transfer all his right. title and interest in saicl real
estate to Wi fe for a lump sum payment of 56.000.00. Husband shall
execute the Deed eviclencing such transfer at the time he receives
payment of the 56,000,00,
Wife wi II refinance the property so that the current mortgage
and home equity loan are paid in full within sixty (601 days of the
clate of signing this Agreem"nt, Wife shall he solely responslbl"
for pil;'ment of the cerrent mort!!"ge and home equity loan unti I the
~efinnncing occurs, Wife shall b" solely responsible for paym"nt
o I' a; 1
utilities nnd
II' i I' e 5 ilf: 1 I
(> s t \:1 ~ t' .
other expenses associated lIith sait!
indemni f~' and Iwld Iiusbancl harllllc"~ for
real
any
ns
~p..:cifil:'<1 in thi~ parit~raph.
I J.
MlTOM()lIJLJ'~,.
'fIle f>rtfties are
the ownt:rs llf
two
1.1 U t 0010 hi Ie 5 .
The I'll':' Subaru station wagon shall be Wife's sole
and separnte property, The 1959 Toyota pick-up shall be Husband's
sole and separate property, Each party agrees to execute all
doculllents necessary to implement this paragraph,
14. r-U.S:r.QP,Y..~Jil)..lU1PI~.oB.T, Husb/lnd and Wi fe shall share legal
[,nd ph~'sical custody of the parties' minor children, ....dam and
Emily, Wife shall have primary physical custod~'. Husband shall
have partial physical custody as follows:
a, Alternating weekends from Friday at 6:00p.m, to Sunday
at -:30 p.m,
b. Two (~l overni~hts per week from 6:00p.m, to 8:00 a,m.
with the nights to be agreed upon by the parties,
c, Husband shall have the children for Father's Da~' each
year and Wife shall have the children for Mother's Day each year.
d. Holidays shall be shared or alternated as agreed between
the parties, If no agreement -:an be reached. the parties shall
alternate Emily's birthday. Easter. Memorial Day. Fourth of July,
Labor Day, Adam's birthday and Thanksgidng. Christmas shall he
divided into two (2) segments with segment being from Christmas
E\'e at 2:00 1',11I, to Christmas Day at 2:00 1',11I. and segment 2 being
from C'hristmas Pay at 2:00 1',11I, to December 2bth at 2:00 1'.11\, !f
the parties do not agree otherwise, these seements shall alternate
Yl..;'ar to year.
In the t:\"(.'nt the pttrtics frd! tn n~rt....... Fath..:r shall
~
and
"'l'~lIIent. t.wo in odd numher ~'\.'ar~ and EmilY'''' hirt.hday. ~tclTlorial Day.
Lahor Day Clnd ~~~m(:nt one in c\'cn nllmh(,.~r years.
Husband shall p.1Y to wife chi 1<1 support in the amollnt of
5400,00 per month. In addition. Ilushand's employer. ^~tP. Inc..
shall provide health insurance coverage for the parties' children,
15,
J.J..Ef.o_lJ':UHJ.B.1\Jt<;E,
The parties are the owners of variouS
The policies shall be the sole and
I~fl,; insuranc~ policies.
separate property ot the insured, Each party n!,rees to nnme the
parties children as beneficinries of at least 550.000,00 of their
life insurllnce proceedS until the children reach age twent~o five
( ~5 ) ,
16, !:.!1.RIif.NI,_._LJoAIlU.J_TJJ,ji,~ The parties have accumulated
various debt during the marriage, Husband shall be solely
responsible for payment of all debt that is solely in his name,
Wife shall be solely responsible for payment of all debt that is
solely in her name, Wife shall be solely responsible for pnyment
"r the nmount owed to the Internal Revenue SeT"ice 1'01' 199~ taxes.
'rhis sum shall be paid from the procceds or refinancinc the r<:al
estate. Husband and Wife had a joint Mastercard credit account.
Each party shall be responsible ror paying one-half (ll~1 or the
b,l!ance that exisl<:d on June .10, 199.1 plus accumulated interest.
E<<ch part~' agrees to indemni fy and hold the other party h<<rmJess
[Ul dod against any and all such claims arising out of the party's
fiti lure to Illftkc pnymt:nts H~ specified in this para~rnph.
CJ
rl'~!llln...,ihIL' for pa~'I1lL'nt of his IC/!l1l fl'I..'~.
be
If wire' should incur
IIn>' l...~al r...cs, sh... shnll h... n'sponsihlc for paym...nt or h...r I...~"l
f...cs, \\'if... agrccs to PliY Husband th... sum of s2H2,~~, SlIid sum
rcprcscnts one-half 11/21 the cost for rilin!! the Di\'(Hce
Complaint. preparation and finalizing the Divorce nnd preparation
of this Maritnl Sett lement Al'reement.
! _ l\I~ltolQl!y",MIJLllkl.MQNY oPEI'1!)ENTt:_,J,.l:n;.., wi fe nnd Husband do
her...hy wah'e. release /Ind giv... up any rights they may r"sp"ctfully
h/l\'e ligainst the other for /lny al imony. support or maintenance. It
shall be. from the execution of this A!Heement. the sole
responsibility of each of the respectiv" parties to sustrlin
themsel\'"s without seeking any additional support from the other
party.
1 S.
t.ll)JJ!t\t.__CQK~J;,,!I.-- Dl.Y.9,B.CJ;,
Th" parties agre" and
acknowledge thlit their marriage is irretrievably broken. that they
do not desire marital counselling. and that they both consent to
the fi I ing of a Divorce Complaint in Lebanon County' and to the
entry of a decre" in divorce pursuant to Section J3011cl of the
Pennsy!\'ania Di\'orce Code. Act 26 of 1980. as may be amended
(herein referred to as the Codel. Accordinl'ly. both parties agree
to forthwith execute such consents, affidavits. or other documents
and to direct their rcspecti\'e attorneys to forthwith file such
Ct'n':-.t::nts. ll.ffida,'its. of oth,:r documents as mny be necessary to
promptly proceed to obtain a di,'orcc pursunnl to snid Section
JJOllcl of The ("or.e, ,I'pon request. to the extent permittl'd by th"
III
dL'fcndant in ~uch divnrcL' tlct ion shnll execute an~' wlti\'crs of
n()tic~ nr other wili\"L'r~ tll'CL'S~{';~' to c:\pcditl' ~;lIcil divorce.
I q,
W""WANTY ^~. TO. EX I ST I NO 0111. I GAT IONS,
Each part~'
r~presents that they hil"e not heretofore' incurred or contracted for
'''l~' deht or liahility or ohli~ations for which tht, estnte of the
oth~r p/trt~' mny be responsihle or 1 iahle. excc'pt liS mll~' be pr(widc'd
for in this ,~~reement, E"ch pa,.t~' lI~rees to indcmnif~' and hold the
I.1tht:r party harmless ft1r and agc1in~t any nnd nIl such dehts.
I iahi lit ies or ohl i gilt ions of e\'ery kind which may h!1\'e here:ofor(:
h(:en incurred by them, includin~ those for necessities. except for
the ol)li~ations arising out of t!lis Agrcclllcnt.
~0, I\'N~,B^ri'n'_A[i_ TQ.J'l!J~VB!LQJ1J.1Q^.TJOr-:~, \\'i fe nnel Husband c"ch
.:cn"('niint. warrant. ft:prt.:s.L'nt ar,(~ EI~ref.: thnt. \\ith th~ exception nf
obligations set forth in this ,~greement. neither of them shatl
hereafter incur any J iahi I ity whatsoc\'cr for which the estate of
the othcr may be liahle,
Each part~' shall indemni fy /lnd hold
hilrmles~ the other pnrty fClr and aCl\in"t tiny and nil debts. char~es
and I i a h i lit i e sin cur J'l'd ,,~' : he 0 t h t' r 11 I' t e r the ex e cut ion d ate 0 I'
this Agreement. except as may he otherwise specifically pro\'ided
for hy the terms of this Agreement,
~I, W^I.vPl,O,R.,MQ.I!IrJc:A1'tQ,r-;_~I:Qnf. IJ'UVJ{lTI.NG" :\0 l!Iodificati",n
'.lr waivl'r of any of the term..;, hel'\.'of shall bo: val id unles:-:: in
writin~ nnd ~icncd h~' bl'th JH1rtiL'>;. nnd no Wai\'Cf \,.11' nny breach
11 ~ r.: tl f n r de f .:, U 1 t h... r (.' 1.1 nell' : ... '1 a I I I: t. d \.'..: 111 L' d n w n ~ '"I: I" 0 fan :.
...Uh....L.q:.H.nt dL'f,!ult e,! :~;,~, "'arriO_ ,II ~i.lI1llii:' l1iltur.....
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.
RICHARD S. KLINE,
Plaintiff/petitioner,
I
I
IN THE COURT OP COKMON PLEAS
CUKBERLAND COUNTY, PENNSYLVANIA
VS.
NO.
if,- ~(, 70 &i..J~...-
SUSAN S. KLINE,
Defendant/Respondent.
CIVIL ACTION-LAW
CUSTODY/VISITATION
PETITION POR MODIPICATION OP CUSTODY
NOW COMES, the plaintiff/Petitioner, RICHARD S. KLINE
(hereinafter "plaintiff"), by and through his attorneys, Ricci &
Taneff, and files this Petition For Modification of Custody. In
support of his Petition, the plaintiff states as follows:
1. plaintiff is an adult individual, presently residing
at 429 Hivner Road, Harrisburg, Dauphin County, Pennsylvania 17111.
2. Defendant/Respondent, Susan S. Kline (hereinafter
"Defendant"), is an adult individual, presently residing with her
parents at 905 Eric Avenue, Mechanicsburg, cumberland county,
Pennsylvania 17055.
3. The parties are the natural parents of two (2) minor
children, namely: Adam Tyler Kline, born November 15, 1986; and
Emily Marie Kline, born January 20, 1989.
4. The parties were divorced pursuant to an Order dated
November 29, 1993 entered by the Court of Common Pleas, Lebanon
county,
Pennsylvania,
docketed
as
case
number
93-20656.
Incorporated into said Order was a Marital settlement Agreement
dated November 3, 1993 which contains, in part, a provision
governing the custody of the parties' minor children. A copy of
the Order and Marital Settlement Agreement is attached hereto and
made a part hereof as Exhibit-A.
5. Since the entry of the foregoing Order, the
plaintiff has experienced difficulties in dealing with the
Defendant regarding issues involving the children. As the period
of the divorce grows longer, the problems have become more frequent
and intense.
6. The foregoing Order should be modified for the
reasons set forth below:
(a) Under the Order, the Plaintiff has "shar[ed] legal
... custody of the ... minor children." Despite
this provision, the Defendant continues to make
decisions affecting the children without consulting
with the Plaintiff.
(b) Under the Order, the plaintiff is entitled to
"[t]WO (2) overnights per week [with his children]
from 6:00 P.M. - 8:00 A.M., with the nights to be
agreed upon by the parties." At the time the Order
was entered, the Defendant resided in the marital
home located at 966 Lark Avenue, Harrisburg,
Dauphin County, Pennsylvania, the minor child, Adam
Tyler, attended a neighborhood school, and the
Plaintiff lived nearby. subsequently, the
Defendant moved to cumberland county and took up
residence with her parents in Mechanicsburg,
Pennsylvania, where both minor children now attend
school. various factors including, but not limited
-2-
to, distance between residences, travel conditions
and Plaintiff's work hours have interfered with his
mid-week custodial periods. Moreover, the
Plaintiff has found it more and more difficult to
obtain the Defendant's agreement relative to any
matters regarding the custody of the said minor
children.
(c) Under the Order, the plaintiff shall have custody
of the said minor children on "[a]lternating
weekends from Friday at 6:00 P.M. to sunday at 7:30
P. M." The Defendant I s significant other resides in
the state of New York. The plaintiff believes that
the Defendant has periodically taken the children
with her to New York and has stayed overnight at
the residence of the Defendant's significant other.
Recently, the Defendant threatened to take the
minor children with her on a visit to New York to
see her significant other on the plaintiff's
scheduled weekend.
(d) At the time the Order was entered, transportation
of the minor children between the parties'
residences was not a problem because the parties
lived in close proximity to each other. Under
those circumstances, the Plaintiff reluctantly
assumed responsinility for transporting the minor
children between the parties' residences. since
-3-
MARITAl. SETTLEMIlHT AORF.F.MIlNT
AGREEMENT, made this ~ day of
~2i_
--.-'
1993
, by
and between SUSAN S. KLINE, hereinafter referred to as "Wife". and
RICHARD S. KLINE, hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife. having been
married on October 19. 1985 and there are two chi Idren born of this
marriage, Adam Kline. born November 5. 1986 and Rml Iy Kline. born
January 20, 1989:
WHEREAS,
diverse
unhappy
d I fJerences.
disputes
and
difficulties have arisen between the parties. and It is the
Intention of Wife and Husband to live separate and apart for the
rest of their natural lives. and the parties hereto are desirous of
settling fully and finally their respective financial and property
rights and obligations as between each other. including. without
limitation by specification: the settling or all matters between
them relating to the ownership of real and personal property. the
equitable distribution of such property: the settling or all
matters between them relating to the past. present and future
support and/or maintenance of Wife by Hushand or of Husband by
Wife; the sell ling of all matters between them relat ing to the
parties' minor children including custody. visitation and support:
and. in general. the settling of any and all claims and possible
claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for other g~od and valuable considerations. receipt of which is
hereby acknowledged by each of the parties hereto. wife and
Husband. each Intending to be legally bound hereby. covenant and
agree as follows:
I . AORJtEMENT NOT A BAltJ.Q. D1VORCE _PROc~~J> I ~mh Th I s
Agreement shall not be considered to afrect or bar the right of
Wife or Husband to a divorce on lawful grounds If such grounds now
exist or shal I hereafter exist or to such derense a9 may be
available to ei ther party. This Agreement is not intended to
condone and shal I not be deemed a condonation on the part of either
party hereto of any act or acts on the part of the other party
which have occurred prior to or which may occur subsequent to the
date hereof.
2. EFFECT OF DIVORCE DECREE~ The parties agree that. unless
otherwise specificaily provided herein. this Agreement shall
continue in ful I force and effect after such time as a final decree
in divorce may be entered with respect to the parties. It is the
intent of the part ies hereto that this Agreement shall create
contractual rights and obligations entirely Independent of any
Court Order and that this Agreement may be enforced by contract
remedies In addition to any other remedle9 which may be available
pursuant to the terms of this Agreement or otherwise under law or
equity.
2
3. MrnJ::_~EN1:JO-'lll INCORPOMT.J~JLJJLP.JVQR.ClLQ!ll;M1h The
parties agree that the terms of thl9 A~reement shall be
incorporated. but not merged. into any divorce decree which may be
entered with respect to them. The pnrtle~ further agree that any
Court of competent jurisdiction shall have jurisdiction over the
parties and the subject maller of thi~ ^~reement for the purpose of
enforcement of any of the provision9 thereof.
4. DATE oUXECUTJOlL. The "date of execution" or "execution
date" of this Agreement shalt be defined AS the date upon which It
Is executed by the parties if they have each executed the Agreement
on the same date. otherwise. the "date of execution" or "execution
date" of this Agreement shall be defined a9 the date of execution
by the party last executing this ^~reement.
5. ADVICE OF COUNSE~ The provisions of this Agreement and
their legai effect have been fully explained to Husband by his
attorney, Nora F. Blair. Esquire. Wife acknowledges that she has
been advised of her right to seek Independent legal counsel and
that she has fully and voluntarily WAived that right. The parties
. acknowledge that they fully understand the facts and have been
fully informed as to their legal rl~hts and obligations. nnd they
acknowledge and accept that this Agreement Is. In the circumstance.
fair and equitable and thnt it Is being entered into freely and
voiuntarlly. after having received such advice and with such
knowledge and that execution of this Agreement is not the result of
any duress or undue Influence and that it is not the result of any
J
collusion or Improper or illegal agreement or ngreements. The
parties further acknowledRe that they have each made to the other
a full and complete dl~closure of their re~pectlve as~ets. estate.
liabilities. and sources of Income and that they waive any specific
enumeration thereof for the purposes of thl~ ARreement. Each party
agrees that he and she shall not. at any ruture time, raise as a
defense or otherwise the lack of such dl~clo9ure In any legal
proceeding Involving this Agreement. with the exception of
disclosure that may have been fraudulently withheld.
6.
PJiRSONAL RIOIITS.
wi fe and lIu~hand. at al I times
.
hereafter. may and shall live separate and apart. They shall be
free from any control, restraint. interference or author! ty, direct
or indirect. by the other in all respects as fully as If they were
unmarried. They may reside at such place or place~ as they may
select. Each may. for his or her separate use or benefit. conduct,
carryon and engage in any business. occupation, profession or
employment which to him or her may seem advisable.
Wife and
Husband shall not molest. harass. disturb or malign each other or
the respective families of each other or cnmpel or attempt to
compel the other to cohabit or dwell. hy any means or In any manner
whatsoever. with him or her.
7. SUBSEQl))'NT RE~ONCILIATION. The part les agree that the
terms of this Agreement shall not be affected hy their subsequent
co-habitation or resumption or marital relations. unless the
parties otherwise specifically agree in wrltlnR.
4
8. MUTUAL ~g.!&M~ Husband and Wife each do hereby mutually
remise, release. quitclaim and forever dl~charge the other and the
estate of the other. for all time to come. and for all purposes
whatsoever, of and from any and all rights. title and Interests, or
claims In or against the property (IncludlnR income and gain from
property hereafter accruing) of the other or against the estate of
such other. of whatever nature or wheresoever situate. which he or
she now has or at any time hereafter may have against the other,
the estate of the other or any part thereof. wh~ther arising out of
any former acts. contracts, engagements or liabilities of the other
or by way of dower or curtesy. or claims In the nature of dower or
curtesy or widow's or widower's rights. fllmi ly exempt ion or similar
allowance, or under the intestate laws. or the right to take
against the spouse's will; or the rll!ht to treat a lifetime
conveyance by the other as testamentary. or al I other rights of a
surviving spouse to participate In a deceased spouse's estate.
whether arising under the laws or (a) Pennsylvania. (b) any State,
Commonwealth or territory of the United States. or (c) any other
country. or any rights which either party may have or at any time
hereafter shall have for past. present or future support or
maintenance. alimony. alimony pendente lite. counsel fees. property
division. costs or expenses. whether arising as a result of the
marital relation or otherwise. except. all right9 and agreements
and obligations of whatsoever nature arising or which may arise
under this Agreement or for the breach of any provision thereof.
It is the Intention of Husband and Wife to give to each other the
5
execution of this Agreement a rull. complete And Ileneral release
with respect to Any and all property or any kind or nAture. real,
personal or mixed. which the other now ownR or may hereafter
acquire. except and only except all rl!!ht!l And agreements and
obligRtlons of whatsoever nature Arising or which may arise under
this Agreement or for the breach of any provl910n thereof. It is
further agreed that this Agreement shall be A 011 constitute a full
and final resolution of any and all clalm~ which each of the
parties may have against the other for equllRble division of
property. alimony. counsel fees and expenses. al imony pendente lite
or any other claims pursuant to the PennsylVAnia Divorce Code or
the divorce IRWS of any other jurisdiction.
9. BANK ACCOUNTS AND RETIREMENT A<;:CQlll'l_T~L. Husband and wi fe
are the owners of individual bank accounts. retirement accounts.
employee savings plans. 401(k) and stock bonus plans. Husband and
Wife agree that these accounts and plans shRl1 be the sole and
separate property of the person In whose nRme they are titled and
each party waives any right. title or intere9t they may hRve in the
other party's accounts and plans.
10. PERSONAL PROPERTY. Husband and Wife do hereby
acknowledge that they have divided or wi II divide In the near
future their tangible personal property. including. but without
limitation. jewelry. clothes. furniture. furnishings. rugs.
carpets, household equipment and applinnces. pictures. books. works
of art and other personal property. Except as may be provided
otherwise in this Agreement. Husband R~rees that all property or
6
Wife or in her possession shall be the sole and separate property
of Wife; and Wi fe agrees that all properlY of lIu9hand or In hl9
p09session shall be the sole and separate properly of lIusband. The
parties do herehy specifically waive. release, renounce and forever
abandon whatever claim. if any. he or she may have with respect to
the above Items which shal I become the sole and separate property
of the other.
II. AFT!lJt-I\QJJJIIH<;D_J'ERSO~A~OI'''R:rY. Each of the part les
shall hereafter own and enjoy, Independent Iy of any claim or right
of the other, all Items of personal property. tangible or
intangible. hereafter acquired by him or her. with full power in
him or her to dispose of the same as fully and effectively. in all
respects and for all purposes. as though he or she were unmarried.
12. REAL ESTATI';. The parties are the owners of a house
located at 966 Lark Drive. Dauphin County. Pennsylvania. Husband
shall transfer all his right. title and Interest in said real
estate to Wife for a lump sum payment of $6.000.00. Husband shall
execute the Deed evidencing such tran9fer at the time he receives
payment of the $6.000.00.
Wife will refinance the property so that the current mortgage
and home equity loan are paid In ful I within sixty (60) days of the
date of signing this Agreement. Wife 9hal I he solely responsible
for payment of the current mortgage and home equity loan until the
refinancing occurs. Wife shall he solely responslhle for payment
of all utilities and other expenses a~90clated with said real
estate. Wife shall indemnify and hold lIushallll harmles9 for any
7
and all claims arl91ng out of Wife's failure to make payments as
specified In this paragraph.
13. AlITQMQ1UJ,.AIL. The part le9 are the owners or two
automobiles. The 1987 subaru station wagon shall be Wife's sole
and separate property. The 1989 Toyota pick-Up shall be Husband's
sole and separate property. Each party agrees to execute all
documents necessary to Implement this paragraph.
14. ~USTODY AND SU~PORT. Husband and wi fe shall share legal
and physical custody of the parties' minor children. Adam and
Emily. Wife shall have primary physical custody. Husband shall
have partial physical custody as follnws:
a. Alternating weekends from Friday at 6:00 p.m. to sunday
at 7:30 p.m.
b. Two (2) overnights per week from 6:00 p.m. to 8:00 a.m.
with the nights to be agreed upon by the parties.
c. Husband shnll have the children for Father's Day each
year and Wife shall have the children for Mother's Day each year.
d. Holidays shall be shared or alternated as agreed between
the parties. I f no agreement can be reached. the parties shal I
alternate EmilY's birthday. Easter. Memorial Day. Fourth of July.
Labor Day. Adam's birthday and Thanks$Zivln~. Christmas shall be
divided Into two (21 segments with selZment I being from christmas
Eve at 2:00 p.m. to Christmas Day at 2:00 p.m. and segment 2 being
from Christmas Day at 2:00 p.m. to December 26th at 2:00 p.m. If
the parties do not agree otherwise. these selZment9 shall alternate
year to year. In the event the part Ie'! fai I to alZree. Father shall
R
have Easter, Fourth of July. Adam's birthday. Thanksgiving and
segment two in odd number years and Eml ly's birthday. Memorial Day,
Labor Day and segment one In even number years.
Husband shal I pay to wi fe child support In the amount of
$400.00 per month. In addition. Husband's employer. AMP. Inc.,
shall provide health Insurance coverage for the parties' children.
15. LIFE INSURANC~~ The parties are the owners of various
life insurance policies. The policies shall be the sole and
separate property of the Insured. Each party a!l:rees to name the
parties' children as beneficiaries of at least $50.000.00 of their
life insurance proceeds until the children reach age twenty five
(25) .
16. CURRENT Lt"'BlkITIE.~ The part les have accumulated
various debt during the marriage. Husband shal I be solely
responsible for payment of al I debt that is solely In his name.
Wife shall be solely responsible for payment of all debt that is
solely In her name. Wife shall be solely re9ponslble for payment
of the amount owed to the Internal Revenue Service for 1992 taxes.
This sum shall be paid from the proceeds of refinancing the real
estate. Husband and Wife had a joint Mastercard credit account.
Each party shall be responsible for paying one-hal f (1/2) of the
balance that existed on June 30. 1993 plus accumulated interest.
Each party agrees to Indemnify and hold the other party harmless
for and against any and all such claims arising out of the party's
failure to make payments as specified In this paragraph.
9
16.
'!VAIVEJL~.LJ~AXMENT OF J&Q~I,._!:.eeS-,-
Husband shall be
responsible for payment of his legal fees.
If Wife should incur
any legal fees. she 9hnll be responslhle for payment of her legal
fees. wife agrees to pay Husband the sum of $2R2.75.
said sum
represents one-half (1/2) the cost for filing the Divorce
Complaint. preparation and finalizing the Divorce and preparation
of this Marital settlement Agreement.
17. AI.IMONY ^ND~J.ll!ONY PENDENT!L1JIE.L Wife and Husband do
hereby waive. release and give up any rights they may respectfully
have against the other for any alimony. support or maintenance. It
.
shall be. from the execution or this ^~reement.
the sole
responsibility or each of the respective parties to sustain
themselves without seeking any additional support from the other
party.
18.
MUTUAL~QNS~~T__QIVORCE.
The parties agree and
acknowledge that their marriage is Irretrievably broken. that they
do not desire marital counselling. and thllt they both consent to
the filing of a Divorce complaint in Lebanon County anrl to the
entry of a decree in divorce pursuant to section JJOI(c) or the
Pennsylvania Divorce Code. Act 26 or 19RO. as mllY be amended
(herein referred to as the Code). Accordingly. both parties agree
to forthwith execute such consents. arrldavlts. or other documents
and to direct their respective attorneys to rorthwlth file such
consents. affidavits. or other documents as may be necessary to
promptlY proceed to obtnln a divorce pur9unnt to snld Section
JJOI(c) of The code. Upon request. .to the extent permitted by the
10
law and the applicable Rules of civil Procedure. the named
defendant in such divorce action shall ex"cute any waivers of
notice or other waivers necessary to expedite such divorce.
19, ViARRANTY A~TQ_ EXISTIHQ...Ql,UL19-^tH>tHl.. Each party
represents that they have not heretofore Incurred or contracted for
any debt or liability or obligations for which the estate of the
other party may be responsible or liable. except as may be provided
for In this Agreement. Each party agrees to Indemnify and hold the
other party harmless for and against any !\nd all such dcbts.
liabilities or obligations of every kind which may have herctofore
been incurred by them. including those for necessities. except for
the obligations arising out or this Agreement,
20. WARRANTY AS TO Fll'Ll!RE OBLIOAT.IONl!, wi fe and Husband cach
covcnant, warrant. represent and agree that. with the exception of
obligations set forth In this Agreement. neither of them shall
hereafter Incur any llablll ty whatsoever for which the estate of
the other may be liable. Each party shall Indemni fy and hold
harmless the other party for and against any and all dcbts, charges
a~d liabilities incurred by the other after the execution date of
this Agrcemcnt. except as may be otherwi1'le specirlcally provided
for by the terms of this Agreement.
21. WI\IVF;JL9J{ MO.DIFICA'LlON T\U}t:_I~nWRI.TtNO... No modification
or waiver of any of the terms hcrcor shall he val id unless in
writing and signed by both parties. and no waiver of any breach
hereof or default hereunder shall he deemed a waiver of any
subsequent default of the same or slmi lar nature.
II
22. MUTUAL ~OOP!.';R^TION. Each party shnll. At any time and
from time to time hereafter. take any and all steps and execute.
acknowledge and deliver to the other pArty any nnd all further
instruments And/or documents that the other party may reasonably
require for the purpose of giving full force and effect to the
provisions of this Agreement.
23. J..AWS OF PENNSYLVANIA APPLICAB~-L This Agreement shall be
construed in accordance with the lAWS of the commonwealth of
PennsylvaniA which are In effect as of the date of execution of
this Agreement.
24. AOREEMENT BINDING HEIRS. This Agreement shall be binding
and shal I inure to the benefit of the part les hereto and their
respective heirs. executors. administrators. successors and
assigns.
25. OTHER DOCUMENTATION. Wife and Hushnnd covenAnt And agree
that they will forthwith (and within lit least ten (10) days after
demand therefor) execute any and all wrlllen Instruments,
assignments. releases. satisfactions. deeds. notes or such other
wtitings as may be necessary or deslrahle for the proper
effectuation of this Agreement.
26. 1'10 WAI'y_E!.L~F DEFAULT. This Agreement shall remain in
full force and effect unless and unt il terminated under and
pursuant to the terms of this Agreement. The ra Ilure of either
party to Insist upon strict performance of any of the provisions of
this Agreement shall in no way affect the right of such party
hereafter to enforce the same, nor shal I the waiver of any default
12
or breach of any provision hereof be construed as a waiver of any
subsequent default or breach of the same or simi lar nature, nor
shall it be construed as a waiver of strict performance of any
other obligations herein.
27. ENFO~J~M!lli..'LOF AO.RJ'~~JHIT_!. If either party breaches any
provision of this Agreement, the other party shal I have the right,
at his or her selection, to sue for damages for such breach or to
require specific performance. The party breaching this Agreement
shall be responsible for payment of legal fees and costs incurred
by the other party In enforcing their rights under this Agreement
or for seeking such other remedies of relier as may be available to
him or her.
28. SEVERAI!.tLL't'L. If any term. condition. clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law otherwise, then only that term, condition,
clause or provision shall be stricken from this Agreement and, in
all other respects, this Agreement shall be valid and continue in
full force. effect and operation. Likewise. the failure of any
party to meet her or his obligations under anyone or more of the
paragraphs herein. with the exception of the satisfaction of the
conditions precedent. shall. in no way. void or alter the
remaining obligations of the parties.
29. HEADINGS NOT PART OF AOREEME~ Any headings preceding
the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and ahal I not
13
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RICHARD S. KLINE,
Plaintiff/Petitioner,
IN THE COURT OF cnIMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 95-6670
CIVIL TERM
SUSAN S. KLINE,
Defendant/Respondent,
CIVIL ACTION - LAW
CUSTODY
aIDER OF COORT
AND fOi, this ]. , ft; day of :::l'lJ) \) ~ ~
upon consideration of the attached Custody Conciliation Swlrnary
is ordered and directed as follows:
, 1996,
Report, it
1. The Father, Richard B. Kline, and the Mother, Susan S. Kline, shall
have shared legal custody of Adam Tyler Kline, born November 15, 1986 and
Emily Marie Kline, born January 20, 1989.
2. The Mother shall have primary physical custody of the Children.
3. The Father shall have partial custody of the Children on
alternating weekends from Friday evening at 6:00 p.m. until the following
Sunday evening at 7:00 p.m. If either of the Children have a scheduled
activity around the time for exchange of custody, the party with custody
shall transfer the Child to the activity and the party who is to have
received custody shall pick up the Child at the conclusion of the activity.
The parties shall cooperate with each other in scheduling activities for the
Children on days and times which would interfere with the regular custody
schedule.
4. The Father shall also have physical custody of the Children every
Wednesday evening from 6:00 p.m. until 8:30 p.m. when school is in session
and until 9:00 p.m. during school vacations. The Father shall contact the
Mother by Monday of each week to advise as to whether he will be available
for this period of weekly custody due to his work schedule. The parties
shall cooperate to the extent of their ability to share transportation for
periods of midweek partial custody.
5. The parties shall share custody of the Children on holidays as
follows:
A. The Father shall have custody of the Children in odd numbered
years on Christmas from 2:00 p.m. on Christmas Day until 2:00
p.m. on December 26. Also in odd numbered years, the Father
shall have custody on New Years, Memorial Day and Labor Day
from 6:00 p.m. the evening before the holiday until 7:00 p.m.
on the holiday.
B. The Father shall have custody of the Children in even numbered
years on Christmas from Christmas Eve at 6:00 p.m. until
Christmas Day at 2:00 p.m. In addition, the Father shall have
custody in even numbered years on Easter, July 4th and
Thanksgiving from 6:00 p.m. on the evening before the holiday
until 7:00 p.m. on the holiday.
C. The Mother shall have custody of the Children in odd numbered
years on Christmas from Christmas Eve at 6:00 p.m. until
Christmas Day at 2:00 p.m. In addition, the Mother shall have
custody in odd numbered years on Easter, July 4th and
Thanksgiving from 6:00 p.m. on the evening before the holiday
until 7:00 p.m. on the holiday.
D. The Mother shall have custody of the Children in even numbered
years on Christmas from Christmas Day at 2:00 p.m. until
December 26 at 2:00 p.m. In addition, the Mother shall have
custody in even numbered years on New Years, Memorial Day and
Labor Day from 6:00 p.m. the evening before the holiday until
7:00 p.m. on the holiday.
6. Each party shall have custody of the Children for two
non-consecutive weeks during surrrner vacation with each party's period of
vacation custody to begin on the weekend of that party's custody under the
regular schedule. Each party shall notify the other thirty days in advance
of the specific week(s) for vacation custody.
7. In addition to the times set forth in this order, the Father shall
have additional periods of partial custody as arranged by mutual agreement
of the parties.
8. The Mother, as primary custodian, shall provide ninety days
advanced notice to the Father of any intention to relocate the Children from
their current residence.
9. In the event either party intends to remove the Children from that
party's residence for an overnight (or longer) period, that party shall
provide advanced notice to the other party including the location and
telephone number where the Children can be contacted.
10. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the custody
arrangements set forth in this Order by mutual agreement. In the absence of
mutual agreement, the terms of this Order shall control.
BY THE COURT,
J.
cc:
Diane G. Radcliff, Esquire
- ed>
Paul Taneff, Esquire U
v "ll\.'(\ll.,(