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HomeMy WebLinkAbout01-04198IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ~ ~ ~;~, ~~ KRISTIN P. WALLIN, formerly known as Kristin W. Ross, Plaintiff VERSUS TODD M. ROSS, Defendant N O. Ol - 4198 CIVIL TERM DECREE IN DIVORCE AND NOW, DECREED THAT AND Z,f` Kristin P. Wallin Todd M. Ross ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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; NOrie The attached Property Settlement Agreement is hereby incorporate but not merged, into this Decree in Divorce. BY THE OURT: / / ATT~ J , PROTHONOTARY Zed-, IT IS ORDERED AND G~~-aN,n°~a~ ~~1~~ ~ ~ ~obt~ / .~ ° , ..,, s Fo PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of 2002, by and between Todd M. Ross, hereinafter called "Husband", and istin P. Wallin, formerly known as Kristin W. Ross, hereinafter called "Wife". WITNESSETH: WHEREAS, Husband and Wife were legally married on June 6, 1998; WHEREAS, differences have arisen between Husband and Wife inconsequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and detemune their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFF.RRNC Fi.C, Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way hazass or malign the other, nor in any other way interfere with the peaceful existence, sepazate and apart from the other. 3. DIVISION OF RFAL PRnPFR y, The real estate owned by the parties as tenants by the entireties situated at 7 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania has been placed with a real estate broker for sale. As of the execution of this Agreement, no contracts have been entered for the sale of the said real estate. The parties agree that Wife shall remain in the mazital residence and continue to be responsible for the payment of the mortgage pending the sale of the property. Pending sale Wife agrees to indemnify and hold Husband hamiess in the existing mortgage. At the time of sale, after the payment of any liens of record and ordinary closing costs the proceeds shall be divided equally between the parties. By this Agreement the parties authorize the settlement agent designated for the purpose of distributing the proceeds of the sale to issue two (2) separate checks, one to each of the parties for one-half of the proceeds at the time of closing. 4. DIVISION OF PERSONAL PROPERTY. The parties hereby divided their personal property including but not limited to household goods and furnishings, personal effects and all other items of personal property used by them in common based on the list attached hereto and marked Exhibit "A". Wife shall become sole owner and Husband shall waive any claim to the items listed under Kristin on Exhibit "A" (See attached Exhibit "A'~; Husband shall become sole owner and Wife shall waive any claim to the items listed under Todd on Exhibit "A"(See attached Exhibit "A"). Items identified as split 50/50 on Exhibit "A" shall be divided between the parties to their mutual satisfaction on an equal basis. 5. iNVF:NSTIVIENT5 A SECURI S. The parties aze the owners of investment accounts with the following: a. Berger Funds with a balance of $3,244.57 as of September 30, 2001. b. Datelc with a balance of $2,862.39 as of September 30, 2001. c. Citicorp Investment Services with a balance of $31,543.92 as of September 30, 2001. The parties agree that they shall divide equally the above referenced accounts. The parties will take the steps necessary to divide the accounts and in the event there are any costs associated with the division of the accounts, they will also share equally the related costs. Wife owned an interest in a Vanguard Primecap Fund prior to marriage which has decreased in value during the marriage. Wife will retain that asset as her sole and separate property given the pre-marital nature of the account. 6. PENSIONS. Each party shall retain any pension benefits in their own name individually. These shall include, but not be limited to, 401(k) plans, IRA's, rollovers from prior employers and any other pension type asset. Husband was formerly employed with Earle M. Jorgensen and Company and Wife is employed by Pfizer Incorporated. Each party agrees to execute any documents necessary to waive any claim in the pension benefits of the other. 7. $ANK ACCOUNTS. The parties have previously divided, to their mutual satisfaction, the bank accounts owned by the parties jointly. This includes any accounts at PNC Bank. 8. ANNULMENT. It is Wife's intent to seek an annulment of the parties' marriage through the church. Husband agrees that he will fully cooperate with Wife in an attempt to secure an annulment including the execution of any documents, which will be required to complete the annulment process. 9. APPLICABILITY OF TAX LAW TO PROPERY TRANCFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act's, specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 10. ASSUMPTION OF DEBTS. With the exception of the home mortgage of the parties referred to in paragraph 3 hereof, the parties have no joint obligations. Any debts in the parties' individual names shall be their sole and separate responsibility. 11. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The parry breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 12. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regazding this Agreement. 13. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any documents necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all aitomeys' fees, costs and other expenses reasonably incurred as a result of such failure. 14. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and Wife shall indemnify and sane Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 15. EI~TSBAND'S DEBT . Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 16. WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwise provided, each parry may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to aet as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such imerests, rights and claims. 17. REPRESENTATION. It is recognized by the parties hereto that Kristin P. Wallin is represented by John J. Connelly, Jr., Esquire, and Todd M. Ross is represented by Mark K. Emery, Esquire. It is fully understood and agreed that by the signing of this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the temvs hereof. 18. VOLLINT RV E .CLTT'iON. The provisions of this Agreement are fully understood by both parties and each parry acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. PRIOR A REF .1V'T. It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. MODIFICATION AND WAIVER Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. GOVERNING LAW. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. VOID CLAUSES. 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 teen, 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. 25. ENTRY AS PART OF DFCREE. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 26. DIVORCE ACTION. The parties shall, at the time of the execution of the Agreement, execute documents necessary to finalize the divorce action including, but not limited to, the withdrawal of any claims pending under said acfion, indexed to number 01-4198, in the Court of Common Pleas, Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree. The above includes the i~ ark K. E ery, squire withdrawal of Husband's request for counseling filed in the divorce action. Counsel for Wife shall immediately take steps to transmit the record and secure a Decree in Divorce after all documents are executed by the parties. 27. DOMESTIC RELATIONS CODE OF TRF COMMONWEAi TH OF PENNSYLVANIA. Except as specifically provided in this Agreement, each parry waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: ~~~~ ~uy~ Todd M. Ross J hn J. nn y, Jr., Esquire Kris ~ P. Wallin COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. On this, the 11 day of / ~ ~ ~ ~ ~ ~ , 2002, before me, a Notary Public, personally appeared Todd M. Ross, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~DI9TARY PUBLIC - NOTARIAL ~~L", `~ . CONNIE R. SHULTLi~N~f'=~'9~10.° Mechanicsburg, C~na'^!t'" M Commission E reel Au . ~'~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. On this, the J~t, day of ' 2002, before me, a Notary Public, personally appeared Kristin P. Wallin, own to me to a the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY P LIC NOTARIAL SEAL City of Hummelstown Cau to yPofbp~auphin MyCommiss7onExrii7~s~~ah g p004 ~a~ibit "A" ~~valiin/?.oss 6.ssstAllacation ~: ristin ~C'a9iter~"_-ver/I:efYldt erat0;' 1'anlIiy R00ffi 1" ni"nlture Ivlasier Bedroom Furniture tAmce Furniture E> Chairs YGtchen Fable E. Chairs Small T'V/Small Stereo Powder Room Linensiaccessories Wicker/ Gas Grill Wooden Ladder Twin Beds Dowu Comforter/Beddiag 1ltantte Painiin~ 1Vficrowave Iiiichen Inicltaacks Silverware (formal andnea«~ es~eryday') While Everyday Placesetiings Large Wok/CrockPo~oaster Oven Todd's wedding band 'Todd Diniag room Furniture Livia; Room Furniture Computer &: accessories Bid Screen TV and Surround Sound Stereo/lteceivers/DT~IA/VCR ~%ideo Camera Treadmill/Weight Set Pit Group Couch Set Outdoor Deck Furniture Z"~ $edroom Furniture DeskBooksbelves from 4~" bedroom 1 'win Bed Large Wreath Saa Francisco Print Handmade wilt Lavvamower Tools Extenfloa Ladder $lender/Rice. Cooker l'iristin's engagement ringlv<~eddaa; band 5nait 5fpr;l! Masses, poiu, pans, ei: ?.L ~ineas/rowers nit of'ner Garaa: g?ears (wireelbarrov,=, Trash bins.. weedwacker, sboveis; eicj VJeddnn~ Gins ~oiidap decorations LaeQa~e CD colieciion ~iciares, trees, plants n G"J O C= N -:~ { '[7 ~" ~ ri [~i Tr..G~. _.~ " C Cs '~ ( i -;_ -;- ("~ ~ f~ ~i f i ~ , C ~T; '~ ra - ~ ~S Fo KRISTIN P. WALLIN, formerly known as Kristin W. Ross, Plaintiff v. TODD M. ROSS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO.OI - 4198 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSNIIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: July 12, 2001 by Certified Mail No. 7000 1670 0011 1697 9937. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: January 15, 2002; by Defendant: January 11, 2002. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff s Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been resolved and settled pursuant to a Property Settlement Agreement dated January 11, 2002. 5.. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: January 15, 2002; by Defendant: January 11,2002. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Waivers are being filed simultaneously with this Praecipe. JAMES, SMITH, DURKIN & CONNELLY LLP Date: 0/- I(o -Da Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 ~ ;`"' i7 i C.C~ ?~, rr, _, ., <<; ~ Vie.: _;'. L~ ~ e ~ ~ m N ~ l. ~ K C70 ~ ~S ~d KRISTIN W. ROSS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNA TODA M. ROSS, :CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff: You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the OfTice of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PPnnevlvania 17M Z Phone KRISTIN W. ROSS, Plaintiff v. TODD M. ROSS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. n/• ~/!9~ CIVIL ACTION -LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional mazriage counselors is available at the Office of the Prothonotazy, One Courthouse Squaze, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will consfitute a waiver of your right to request counseling. Prothonotary KRISTIN W. ROSS, Plaintiff v. TODD M. ROSS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. a !- v, 4P CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Kristin W. Ross, social security no. 182-58-1868, who currently resides at 7 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Todd M. Ross, social security no. 347-60-6376, who currently resides at 7 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 6, 1998, in Exton, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since June 9, 2001. 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. Plaintiff avers that she is the innocent and injured spouse, and that the Defendant has offered Bach indignities to the Plaintiff so as to render her condition intolerable and life burdensome. 12. This action is not collusive. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 13. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. Date JAMES, SMITH, DUI2KIN 8c CONNELLY By: Jo onn lly, Jr, Esquire A o e for laintiff Po O i ox 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading are hue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: _G~'~~`,/~. Kristin W. R~oVSIs,~(PAl-Wain/tiff ./ C~ C~ C C C D ~ ' ~, ~ ~- ~ ~ ~~ + Q ~~- ro ~, KRISTIN P. WALLIN, formerly KRISTIN W. ROSS Plaintiff v. TODD M. ROSS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.00 - 4198 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 10, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the enhy of a fmal decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. /- /~ Date: ~~-~~ DoZ I~~Mi1S ~ . ~ Kristin P. Wallin, aintiff r `b mrn -_ ~~ ~/} r_:. ~ ;~. f t -yy -G _ i 1+ ~ GJ /n~S G I Fzi~fi._ __ San. KRISTIN P. WALLIN, formerly : IN THE COURT OF COMMON PLEAS KRISTIN W. ROSS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO.00 - 4198 CIVIL TERM TODD M. ROSS, :CIVIL ACTION -LAW Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 10, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~//~~ Date: ~ //1l0 2 /~ j/lou- Todd M. Ross, Defendant ~ o ~' -~~ .A -- mrn ~ '= . . _, ~^ ~.V - r-s_: _ . ~ ,, ~, ~ ~ E.1 -C C ~ ~O KRISTIN P. WALLIN, formerly KRISTIN W. ROSS Plaintiff v. TODD M. ROSS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.00 - 4198 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE W iyF.R OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit aze true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Date: Q~-~'J ~~ ~~~~~ Kristin P. Wallin, Plamtiff ~~ .y ~~ c ~~: r ~r A ? .~_ ~ ~ c r ~zc} -" _; ~~ u c~ ~ . ~ ~ c~S ~'o I i~a~asxau~s4+~ieeu ei mom...... _ __. -.• -.- -:. .. .. .:.. KRISTIN P. WALLIN, formerly KRISTIN W. ROSS Plaintiff v. TODD M. ROSS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.00 - 4198 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: IIII'p"L ~~/0/~ l~ Todd M. Ross, Defendant o c> .-, c` t~ti -, v ~ -~, _, n,r,.., ~~ _ ~ << ~ ~~• -x7 .~-y'- ~ a ~=j .C- ~'S ~fT KRISTIN W. ROSS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.2001-04198 TODD M. ROSS, :CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. AND NOW, this LI~ day of , 2001, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce was served on the Defendant, Todd M. Ross, on July 12, 2001 by certified mail number 7000 1670 0011 1697 9937, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed before me this _f ~,~,~~ day of 2001. Notary ublic NOTARIAL SEAL Jean L, Kosier, Notary Public City of Huminelstown,CounTy of Dauphin My Commission Expires Feb. 9, 2004 ^ Complete hams 1; 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this Card to the back of the mailpiece, or on the front if space permits. 1. Article AtldreSSetl to: / ~~1~ ~ moss / 7~S 2. Article Jury A: TDpO /K . (Co s S I /-/d U/ G. Signature , A ~ ~ ddressee D. Is d~ ddress different from Rem 1? Yes If YES, e ~ delivery address below: ~No Jd Certified Express Mail ^ Registered Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ~y~ 102505.00-M-0952 r'. r- ._ ~~ ~_ _ i t~~ae ~rf., ~ ,~,~~,~ -M KRISTIN W. ROSS, Plaintiff v. TODD M. ROSS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O1- 4198 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, hereby elects to retake and hereafter use her maiden name of Kristin P. Wallin and gives this written notice avowing her intention in accordance with the provisions of the Act of May 25, 1939, P. L. 192, as amended. RATED: ~ 2.a~I Kristin W. Ross TO BE KNOWN AS Kristin P. Wallin Sworn to and subscribed before me this ~~,day of , 2001. NOTARY P LIC NOTARIAL SEAL Jean L; Kosier, Notary Public City of Hummelstown,County of Dauphin My Commission Expires Feb. 9, 2004 .. (J ~ ~ ~ d - C.~ ~ ~ ~-- ~ J ~ ~ '.. d ~ ~ ~ ~ . ~ ~' - - ~~s KRISTIN W. WALLIN, formerly known as ROSS, Plaintiff v. TODD M. ROSS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.O1 - 4198 CIVIL ACTION -LAW IN DIVORCE PRAFCIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the Praecipe to Request Counseling Pursuant to Section 3302(d) of the Divorce Code filed on July 27, 2001 in the above-captioned divorce action. FENSTERMACHER AND ASSOCIATES, P.C. bate: ~' f ~ - U ~ By: :%"~~//~ ~- Mark K. Emery, Esquire Attorney for Defendant 5115 East Trindle Road Mechanicsburg, PA 17050 (717)691-5400 PA LD. No. 72787 ° F .~ ~,~, Yc _ ~ .~ c~; ;~:7 ~ ~ _ ~: =~ "- ~,,~~, .~' ~S ~o KRISTIN W. WALLIN, formerly known as ROSS, Plaintiff v. TODD M. ROSS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.OI - 4198 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO WITHDRAW CLAIM TO THE PROTHONOTARY: Please withdraw the claims for Equitable Distribution in the above-captioned divorce action. JAMES, SNIITH, DURKIN & GONNELLY LLP Date: ~~"' ~5-6a By Hershey, PA 17033 (717)533-3280 PA I.D. No. 15615 c~ N G3 -U(~ m ~-- a~ rr, ~~ "- =;n ~ ~ } C t_ _ ~ . ~7 ~ J{~ _ y GJ ~ ~~ O KRISTIN W. ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :DOCKET NO. 01-4198 TODD M. ROSS, :CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the Defendant in this matter. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. ark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717)691-5400 Attorney for Defendant DATED: ~' ~ ~~ D CERTIFICATE OF SERVICE AND NOW, on this ~ ~ day of July, 2001, I, Mark K. Emery, Esquire, hereby certify that I have served the foregoing Praecipe for Entry of Appearance by mailing a true and correct copy by United States first class mail, addressed as follows: Johri J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly, LLP P. O. Box 650 Hershey, PA 17033-0650 FENSTERMACHER AND ASSOCIATES, P.C. Mark K. Emery ::. . -R ^C .~ C`~ U KRISTIN W. ROSS, Plaintiff v. TODD M. ROSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0. 01-4198 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO REQUEST COUNSELING PURSUANT TO SECTION 3302(d) OF THE DIVORCE CODE TO THE PROTHONOTARY: Please accept this Praecipe as Notice of a request for counseling and forward said request to the Court pursuant to Local Rules 1920.45-3 and 1920.45-4. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. Mark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717)691-5400 Attorney for Defendant DATED: ~-~ ~-O ~ CERTIFICATE OF SERVICE AND NOW, on this ~ ~ day of July, 2001, I, Mark K. Emery, Esquire, hereby certify that I have served the foregoing Praecipe to Request Counseling Pursuant to Section 3302(d) of the Divorce Code by mailing a true and correct copy by United States first class mail, addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly, LLP P. 0. Box 650 Hershey, PA 17033-0650 FENSTERMACHER AND ASSOCIATES, P.C. Mark K. Emery c ~° ~, ~S O FENSTERMACHER AND ASSOCIATES, P.C. ATTORNEYS AND COUNSELORS AT LAW MARK K. EMERY, ESQUIRE DIRECT DIAI. (717) 691-5939 July 25, 2001 Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Ross v. Ross No. 01-4198 Dear Sir or Madam: Please accept this correspondence as formal notice under Local Rule 1920.45-3 that the Defendant in the above-referenced matter requests marriage counseling as provided under 23 Pa. C.S.A. §3302. Kindly forward this notice to the Court for the entry of an appropriate Order. By copy of this correspondence, notice of said request is being provided to Plaintiff's counsel. Thank you. Very truly yours, FENSTERMACHER AND ASSOCIATES, P.C. Mark K. Emery crs Enclosures cc: John J. Connelly, Jr., Esquire (w/Enclosures) Todd Ross PLEASE RESPOND 70: MECHANICSBURG OFFICE: OCEAN CI7Y OFFICE THE JONAS RUPP HOUSE (717) 691-5400 26 BAY AVENUE 5115 EAST T'RINDLE ROAD FAX (717) 691-5441 OCEAN CITY, NJ 08226 MECHANICSBURG, PENNSYLVANIA 170.50 WtvW.£en5b¢[f[IaCIIeI.CG (609) 391-9461 TNf JONAS NOPP NOtlffi