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HomeMy WebLinkAbout01-04774IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. w', `~= JOHN P. CHRONISTER, Plaintiff VERSUS KRISTY L. CHRONISTER, Defendant JOHN P. CHRONISTER CIVIL ACTION - LAW IN DIVORCE DECREE IN DIVORCE AND NOW, MGt tJ, ~. ~ 2002 tT t5 ORDERED AND DECREED THAT AND KRISTY L. CHRONISTER ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; The Marriage Settlement Agreement dated November 8, 2001 and signed by the parties is hereby incorporated into this Decree, but not merged. BY THE COURT: ATT~ST: J . PROTHONOTARY NO 2001-4774 CIVIL TERM ,PLAINTIFF, ~ J `f~/~~b/`1\~\ V ~,_ _s s MARRIAGE SETTLEMENTAGREEMENT THIS AGREEMENT made this 8th day of November, 2001, by and between KRISTY L. CHRONISTER, (hereinafter referred to as "WIFE") and JOHN P. CHRONISTER, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 12, 1992, in Cazlisle, Cumberland County, Pennsylvania. HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2001 Civil Term on August 13, 2001. The parties hereto agree and covenant as follows: 1. The parties intend to maintain sepazate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. t_ ~_.. n.., ~.~ , _ ~_, ~ _~~..~ t ..- 3. Further, the parties agree to continue living sepazately and apazt from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement aclrnowledges and declares that he or she, respectively: (a) is represented by counsel of his or her own choosing; (b) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (c) enters into this Agreement voluntarily after receiving the advice of counsel; (d) has given careful and mature thought to the making of this Agreement; (e) has carefully read each provision of this Agreement; and (f) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. ,r 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. 3 F The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her sepazate income on the aforesaid joint returns. 7. REAL ESTATE: The parties owned no real estate at the time of separation. 8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation 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 and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 4 9. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, chazges and liabilities incurred by the other after the execution date of this Agreement, except as maybe otherwise specifically provided for by the terms of this Agreement. 10. SPOUSAL SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay alimony to the WIFE for herself following the entry of the Divorce Decree in this case. WIFE will not provide any financial support or alimony to the HUSBAND. Any child support will be as ordered by the Cumberland County Office of Domestic Relations. 11. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: (a) The personal property in his possession. (b) His bank accounts; (c) Any life insurance policy; and (d) His employee benefits. 5 WIFE shall receive the following items: (a) The personal property in her current possession., (b) Her bank accounts; (c) Any life insurance policy; and (d) The wedding photograph album ,,'' 11 c~~ o55'c S~ ~ may, ~.1=-~ The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which aze then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 12. AUTOMOBILES: (a) HUSBAND agrees to waive any and all interest which he may have in the automobiles in possession of the WIFE. (b) WIFE agrees to waive any and all interest which she may have in the automobiles in possession of the HUSBAND. They each waive any claim which they have in any automobile owned by the other party. 6 13. INSURANCE EMPLOYEE BENEFITS AND INCOME TAX EXEMPTIONS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. The parties agree that HUSBAND will be entitled to claim Alixandra Kay Chronister each year as his Federal income tax exemption. 14. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 15. The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 16. BREACH: If either party breaches any provisions of this Agreement, the other party should have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 7 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that maybe reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each parry acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the 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. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 8 21. PRIOR AGREEMENTS: 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. 22. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party 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, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at 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 interests, rights and claims. 9 IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES:- ~ ` (SEAL) KRI TY p` CHRONISTER lC~l-a'J~C. ~ Y/ ~~• ~~-~~ (SEAL) JOHN P. CHRON R to COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this ~ day of-~~er,- 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, KRISTY L. CHRONISTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTgRW,8FJ1L MERLENE J. MAg11@VKI~ NOTARY PUBIJC CARLISLE, CtlMBERLAIq Oa11QI1f, PA MY COhM118S1pN E7RMpESJUNE &72002 COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this ~~day of~6 pbenil~er~ 00 , al Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, JOHN P. CHRONISTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WTI'NESS WHEREOF, I have hereunto set my hand and official seal. f u seat Car0sle Boro~Cumbe and CauMy My Commission F_xplres Sept. 78, 2003 Membsr, Pennsylvania Association of Notaries 11 t. r.' 4a ' m, =~ ~ _ ~; q~~ ~ ~~rn ~ ~J "i =~ ca ~ i JOHN P. CHRONISTER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-4774 CIVIL TERM KRISTY L. CHRONISTER, Defendant IN DIVORCE PRAECD'E TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, I{risty L. Chronister, on August 24, 2001, and is evidenced by the Acceptance of Service signed by her and filed on August 28, 2001. 3. Complete either pazagmph (a) or (b). (a) Date of execution of the affidavit of consent required by Secflon 3301(c) of the Divorce Code: by plaintiff: February 2Q 2002; by defendant: February 22, 2002 . (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intenfion to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c)~ivorce was filed with the Prothonotary: February 26, 2002. ~~ Date defendant's Waiver of Notice in Section 3(yI(~iv ce was filed with the Prothonotary: Febrnary 26, 2002. ~/ / Plaintiff ESQUIRE ~~~ c ° ;? m ~' ' -~, '~ , . , ~~ cn ~r~: ~~ ~~ ~ _~ ~ ~d r~ C ~~' ~~ DIVORCE INFORMATION SHEET PURSUANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT REQUIRED BY THE STATE EFFECTIVE JANUARY 1, 2002. THE PROTHONOTARY IS REQUESTING THIS INFORMATION IN LIEU OF E VITAL STATISTICS FORM. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN THE PROTHONOTARY'S OFFICE. DOCKET NUMBER: zoos-4»4 czviL x~:xri DATE OF MARRIAGE: sErx~Ex ~z, 1992 JOHN P. CHRONISTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2001- ~/77~/ CIVIL TERM IatISTY L. CHRONISTER, Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You aze warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment maybe 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Cazlisle, Pennsylvania 17013. II+ 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 THI5 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, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JOHN P. CHRONISTER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001- t/T/~CIVII, TERM KRISTY L. CHRONISTER, Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301fc1 OF THE DIVORCE CODE NOW comes the plaintiff, John P. Chronister, by his attorney, Marcus A. McKnight, III, Esquire, and files this complaint in divorce against the defendant, Kristy L. Chronister, representing as follows: 1. The plaintiff is John P. Chronister, an adult individual residing at 1450 Cranes Gap Road, Carlisle, Pennsylvania 17013. 2. The defendant is Kristy L. Chronister, an adult individual residing at 90 Potato Road, Carlisle, Pennsylvania 17013. 3. The defendant has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on September 12, 1992 in Carlisle, Pennsylvania, and separated on February 26, 2001. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There was one (1) child born to this marriage; namely Alixandra Kay Chronister, born June 3, 1993, age eight (8) years. 7. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The plaintiff avers that he has-been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, IItWIN, By: Marcus ~i. McKnight, Attorney for Plain , John P. Chronister West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 Supreme Court I.D. No. 25476 Date: July 31 ~ , 2001 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. JOHN P. CHRONISTER Date: July 3~ at , 2001 JOHN P. CHRONISTER, IN TAE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2001- CIVIL TERM KRISTY L. CHRONISTER, Defendant IN DIVORCE PLAINTIFF'S MaRRraGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. I verify that the statements made in this affidavit are hue and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: July 31~ , 2001 JOHN P. CHRO R t ~1 ~. (v\^r (v_~\ 1 (v\ Q r I V C7 L ~-.> ~7 ~GJ 17r^; ::> ~~' <u ~~ __ ..__ Vi (...i _ - -. ~ ~'. i.. I_ ~yj ~f ..~.J' _.t ~..J T J' 7 ~~ v.~ ~y n.v ~j ~` d II~ lF N °o .-. y ~C r °z y z W W 0 ~. 0 d 0 0 a ~N F N O .-~ ~' b ~. CD O M O 'b d o~ .. s~ r x O z N C. ~- w ~. °~ ~: 0 c o y ~ ~ b r ~ o z o C~ roy y a~ ~~ C '!ro ~. ... .... .... ..... nz C~ ~ ~ -~ ~ ~ d O ~ r ~ 0 A ~ 5 N d " h ] ~ ~ ~ Q ~ z ' ~ ~ ~ o ~~ o ~ z C~ ~~ I: STATE OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND On this, the ~y~day of August, 2001, before me, the undersigned officer, personally appeared KRISTY L. CHRONISTER known to me to be the person whose name is subscribed to the above instrument and acknowledge that he executed same for the purposes therein contained. ~ u~ ~ Notarial Seal Martha L. Noel, Notary public Carlisle Boro, Cumberland County My Commission Expires Sept. 18, 2003 Member, Pennsylvania Association of Notaries c, z. ~ _. - r~,~>,_ ` ~~ `- :~ -•~ ~=, r -- `x - ~. - ;; ~_~ y ~- --- .-- ._: C.4 JOHN P. CHRONISTER, Plaintiff v. KRISTY L. CHRONISTER, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 13, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and- correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date:. February 20 , 2002 JOHN P. CHR R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW . 2001-4774 CIVIL TERM ~~' ~ ~ ~, n: _:, -„ r~rim c-~-.s _ ~~ ~ ~,;; <> i ?lT~ ~ G Vi ~7 ~: ; ? ~ f=; c, ~~ ~' j;T .z ,, ^{ ^~~ 2. v JOHN P. CHRONISTER, Plaintiff v. KRISTY L. CHRONISTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-4774 CIVIL TERM . IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a fmal 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:.February _ 20 , 2002 JOHN P. CHR STER Plaintiff r,} ~'a~ G _ ~ `i °;; 'Tt _~ C+ICT: C~ ~ ZS ~~ ~ l - _-T {~ S; _, =s t7 ~~ iV (jam' ~C _ _:..... ,..., .,..... _ '.. _ .: ,P.R%k$iW'R$4#3 `i&Y.x`dFA. ,... aWGB, i181gpR. JOHN P. CHRONISTER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-4774 CIVIL TERM ICRISTY L. CHRONISTER, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 13, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit aze true and convect. I understand that false statements herein made aze subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: Yz;t~ ~,~, ~ i'7 a z' ~ .A STY L. CHRONISTER ~~i~ C NO "OLT "~"} ~ r 2 z c u ~ CT1 = t , L~ ~C T!3 'C": ~m' ~ . ~1 ~ JOHN P. CHRONISTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. N0. 2001-4774 Civil Term KRISTY CHRONISTER, Defendant ORDER AND NOW, this S~ day of 7„~tca.G/ 2001, upon consideration of the attached Stipulation, it is ordered and decreed that the parties shall share legal custody of Alixandra Kay Chronister, date of birth 6/3/93. Primary physical custody shall be placed in the Defendant, Kristy L. Chronister and periods of partial physical custody will be placed in the Plaintiff, John P. Chronister, pursuant to the attached Stipulation. BY THE COURT, J. L!a~ °~ R SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High SUeet Carlisle, PA ' ~~~~bn ~J,~`~1~~°, a ~U.~~l,r,r=~~ l..,d ti i :r~ ':t~! C~ .~ ~ hC~~ ~~ ~i. B JOHN P. CHRONISTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-4774 Civil Term KRISTY CHRONISTER, Defendant STIPULATION AND NOW, this -~ day of ,~,IAwa.,..G.~! 2001, comes John P. Chronister and Kristy L. Chronister, to stipulate as follows: (1) Petitioner is John P. Chronister, an adult individual who currently resides at 1450 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania. (2) Respondent is Kristy L. Chronister, an adult individual who currently resides at ~0 Potato Road, Carlisle, Cumberland County, Pennsylvania. (3) The parties are the natural parents of one child, Alixandra Kay Chronister, D.O.B. 06/03/93. (4) The parties agree that they shall share legal custody of said child (5) The parties further agree that the Defendant shall SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA have primary physical custody with said child. (6) The parties further agree that periods of partial physical custody will be with the Plaintiff as follows: (a) On alternating weekends from Friday after school until Sunday at 6:00 p.m.; ~ • (b) At other times to be mutually agreed by the parties in conjunction with Plaintiff's work schedule. (7) The parties also agree to share the holidays as follows: (a) The Plaintiff will have each Christmas from December 25th at noon until December 26th at noon. Defendant will have each Christmas from December 24th at noon until December 25th at noon. (b) The parties shall alternate the Thanksgiving holiday, with the Plaintiff receiving Thanksgiving of 2001 and all odd numbered years and the Defendant receiving Thanksgiving 2002 and all even numbered years. (c) The other holidays may be alternated or shared pursuant to mutual agreement. (8) The parties agree that this be evidenced by an order of court. (9) The parties agree that this Court shall retain jurisdiction. WHEREFORE, the parties hereto request Your Honorable SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT•LAW 26 W. High Street Carlisle, PA Court to enter an order for custody and periods of partial custody as provided in this Stipulation. Esquire ris y L. Chronister ---_. ohn P. Chronister ~S W W ~ 1 4 `-i4. Q. r; ._ ~.; ` u, n ' . %t- !f) Ce'~ < _: _`-. - ~S ~ ..r .__,, ~(: " C `? S LL~ Y K ..~ ^-G ~, t ,, JOHN P. CHRONLSTER, PlaiAtiff/Petitioner v. .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-4774 CIVIL TERM KRISTY L. CHRONISTER, Defendant/Respondent ORDER OF COURT IN DIVORCE AND NOW, this /~{ ~ day of;~~~,/nii/~nu ' 2002, upon consideration of the attached Petition for Special Relief, a hearing is hereby scscheduled for ~,~~ a 8' , 2002, in Courtroom No. ~, at 6; o'clock cym., Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. I~'1`'~ni ~~ ~~ ~ ~j p ~~ ec~e y B '/~ Y~ Judge C °~.°~ o~-iy-02' - t. RXs 1 tr;~ y.,-; ~ ~„ .,,, 'iJ ,;:,;,,,r~,,ad ~'~'~'~'~i -_~~"x'(1;1 ~• , ,-,,. ,; ~;t.. ~~, l:i.. ~. _ . ,. r 't JOHN P. CHRONISTER, Plaintiff/Petitioner v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-4774 CIVIL TERM KRISTY L. CHRONISTER, Defendant/Respondent IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this 7th day of February 2002, comes the Plaintiff/Petitioner, John P. Chronister, by his attorneys, Irwin, McKnight & Hughes, and makes the following Petition for Special Relief against the Defendant/Respondent, Kristy L. Chronistert: 1. The petitioner is John P. Chronister, an adult individual who resides at 1540 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The respondent is Kristy L. Chronister, an adult individual who resides at 90 Potato Road, Carlisle, Pennsylvania 17013. 3. The petitioner filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County, 2001-4774 Civil Term on August 13, 2001. 2 4. The parties executed a Marriage Settlement Agreement dated November 8, 2001, a copy of which is attached hereto and marked as Exhibit "A" and made a part of this Petition. 5. The respondent has refused to cooperate in an effort to finalize the divorce as agreed upon in paragraph fifteen (1 S) and paragraph sixteen (16) of the Marriage Settlement Agreement. 6. The respondent's counsel, Johnna J. Kopecky, has been contacted on four (4) separate occasions in an effort to obtain respondent's signature on the Defendant's Affidavit of Consent, Defendant's Waiver of Notice of Intention and Defendant's Marriage Counseling Affdauit. Copies of correspondence are attached hereto and marked as Exhibit B and made a part of this Petition. 7. The respondent has not cooperated with petitioner of petitioner's counsel in obtaining a final divorce of the marriage 8. The petitioner seeks reasonable legal fees as provided by paragraph fifteen (15) and paragraph sixteen (16) of the Marriage Settlement Agreement for this Petition for Special Relief. WHEREFORE, the petitioner, John P. Chronister, seeks a rule to show cause why the respondent should not cooperate in obtaining the final documents necessary to complete the divorce and pay the costs and legal fees incurred by the petitioner. By: Respectfully submitted, IRWIN, McI~NIGHT & HUGHES Marcus r~. McKnight; III, Esquire Attorney for Petitioner 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Date: February 7, 2002 Supreme Court I.D. No: 25476 4 _.. ~, EXHIBIT A MARRIAGE SETTLEMENTAGREEMENT THIS AGREEMENT made this 8th day of November, 2001, by and between KRISTY L. CHRONISTER, (hereinafter referred to as "WIFE") and JOHN P. CHRONISTER, (hereinafter referred to as "HUSBAND") WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 12, 1992, in Cazlisle, Cumberland County, Pennsylvania. HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2001 Civil Term on August 13, 2001. The parties hereto agree and covenant as follows: 1 The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standazd, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declazes that he or she, respectively: (a) is represented by counsel of his or her own choosing; (b) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (c) enters into this Agreement voluntarily after receiving the advice of counsel; (d) has given careful and mature thought to the making of this Agreement; (e) has carefully read each provision of this Agreement; and (f) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 2 ~~ This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. 3 ,~~ The parties have heretofore filed joint Federal and' State tax returns. Both parties agree that in the event any deficiency in Federal, State or Igcal income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any sucl~i tax deficiency or assessment and any interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. ; REAL ESTATE: The parties owned no real estate at the time of separation. 8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable e;icept as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and alY such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. i 4 9. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the ether after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10. 4 SPOUSAL SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay alimony to the WIFE for herself following the entry of the Divorce Decree in this case. WIFE will not provide any financial support orAalimony to the HUSBAND. Any child support will be as ordered by the Cumberland County Office of Domestic Relations. 11. PERSONAL PROPERTY: The parties agree than; the personal property shall be divided as follows: HUSBAND shall receive the following items (a) The personal property in his possession: (b) His bank accounts; (c) Any life insurance policy; and (d) His employee benefits. 5 .~~ WIFE shall receive the following items: (a) The personal property in her current possession., (b) Her bank accounts; (c) Any life insurance policy; and (d) The wedding photograph album ,, II II ! ~~~ L.t7UCG, ~ I h fl?AJ~La.v-.~* ~. ~~-~_ ~cSSc'SSi~~-, The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 12. AUTOMOBILES: (a) HUSBAND agrees to waive any and all interest which he may have in the automobiles in possession of the WIFE. (b) WIFE agrees to waive any and all interest which she may have in the automobiles in possession of the HUSBAND. They each waive any claim which they have in any automobile owned by the other party. 6 a~ 13. INSURANCE, EMPLOYEE BENEFITS AND INCOME TAX EXEMPTIONS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. The parties agree that HUSBAND will be entitled to claim Alixandra Kay Chronister each year as his Federal income tax exemption. 14. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 15. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 16. BREACH: If either party breaches any provisions of this Agreement, the other party should have the right, at his or her elecfion, to sue for damages for such breach or seek such other remedies or relief as maybe available to him or her, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 7 y,. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each parry acknowledges that the 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. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 8 21. PRIOR AGREEMENTS: 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. 22. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party 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, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at 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 interests, rights and claims. 9 ~,<~,~„ IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSE ' (SEAL) /% KRI TY ~ CHRONISTER %~ ~{~6/!~L-~L c~ 9l/l~.tt/~e.~~1yJ - -' (SEAL) JOHN P. CHRON R to COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this day ofvegtel'`lber; 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, IQiISTY L. CHRONISTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEN. MERLENE J. MARHEVKA. NOTARY PUSUC CARLISLE, CUMBERLAND COUNTY, PA MY COMMISSION E~IRES JUNE 48002 COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this ~~~~~~• ~~day of 6eptember, 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, JOHN P. CHRONISTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 1 ~.,......._ ~ ~ , _U~ Notarial seal Martha L Noel, Notary Public MaAisie 8oro, Cumberland County _ My Commissbn Expires Sept. 18, 2003 PAamner, Pennsylvania Association of Notaries 11 EXHIBIT B ;,~ LAW OFFICES IRWIN McKNIGHT F~ HUGHES ROGER B. IRW/N MARCUS A. McKNfGHT, !// /A,NES D. HUGHES REBECCA R. HUGHES MARK D. SCHWARTZ DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (7 1 71 249-2 353 FAX 1717/ 249-6354 E-MAIL: 1MHLAW @SUPERNET. COM HAROLD S. IRW[N (1915-1977) HAROLD S. !RN'!N. JR. (1954-19R6) !RWlN IRWIN&IRVV/N (1956-1986) !RWlN, IRWGV & McKN/GHT (19Rh-1994) IRW/N, McKNIGHT & HUGHES (1994- ) November 9, 2001 Johnna J. Kopecky, Esquire ~ L E 1 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Re: John P. Chronister v. Kristy L. Chronister Dear Johnna: I understand that the parties would like to finalize the divorce next week. I have enclosed the Custody Stipulation which Mr. Chronister has signed. Do you have the signed Marriage Settlement Agreements signed by your client? Please return them to me and I will send you the final Affidavits necessary to complete the divorce. Very truly yours, IRWIN, Mc GHT & ~~ arcus A. McKnight, II~ MAM/min Encl. cc: Mr. John P. Chronister ' dFF1CES ' IRWIN McKNIGHT £~ HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET RocERe./Rww CARLISLE, PENNSYLVANIA 17013-3222 HAROtDStRWiN (l9zs-ron) iKdftCUS A, h7cKN/GHT, Of HAROLD S IRWIN, JR. (1954-1986) JAMES D. HUGHES (717J 249-2353 IRWIN, IRWIN &IRWIN (1956-1986) REBECCA R. HUGHES FAX (7Y7) 249-6354 !RWlN, /RW/N & McKMGHT (1986-1994) MARK D. SCHW.9RTZ E-MAIL: IMHLAW®SUPEflNET.COM /RWIN, McKNIGHT & HUGHES (1994- ) DOUGLAS G. M/LEER November 21, 2001 JOHNNA J. KOPECKY, ESQUIRE SAH)IS, SHUFF, FLOWER & LINDSAY, P.C. 28 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 I ' ~~ RE: JOHN P. CHRONISTER v. KRISTY L. CHRONISTER 2001-4774 CIVIL TERM IN DIVORCE Dear 7ohnna: Please be advised that the ninety (90) days have elapsed and we may now proceed with finalizing this divorce action. Therefore, enclosed please find four (4) originals of the following documents for your client's signature: 1. Defendant's Affidavit of Consent 2. Defendant's Waiver of Notice of Intention 3. Defendant's Marriage Counseling Affidavit Please have Ms. Chronister sign all four (4) originals of each document and return them to me at your eazliest convenience. Once I have filed all the fmal documents, I will provide you with time-stamped copies of the same for your file. I have also enclosed the executed Marriage Settlement Agreement which has been signed by my client and notarized. I have included an extra copy for your file. With regard to the miscellaneous matters, my client will return the couch and a photo album this coming weekend. I have enclosed a copy of the requested bank statement. Mr. Chronister received $2.47 when it was closed. My client has received a bill from Agway in the amount of $353.51 for your client's home which she rents on Potato Road. My client will honor her privacy but she needs to pay this Agway bill. I also have enclosed a dental bill from Dr. Dennis Burkett in the amount of $476.00. My client will pay for the portion which applies to his daughter. The balance is the obligation of Kristy Chronister. Could you obtain a breakdown of this bill? Jobnna J. Kopecky, Esquire November 21, 2001 Page 2 of 2 Re: Chronister v. Chronister Thank you for your prompt attention to these matters. Very truly yours, IRWIN, Mc C Ij~' & HE Marcus A. cICnight, III MAMaIs Enclosures cc: Mr. JolmP. Chronister ~ LAW OFFICE 5 IRWIN McKNIGHT £~ HUGHES ROGER B. IRWIN MIRCUS A. MCKNIGHT. 111 JA,VfES D. HUGHES REBECCA R. HUGHES MARK D. SCHWARTZ DOUGLAS G. MfLLER WEST POMFRf7 PROFESSIONAL BUILD/NG 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 1 70 7 3-3222 17 1 71 249-2353 FAX (7 1 71 249-6354 E-MAIL: IMHLAW@SUPERNET. COM HAROLD S. IRWIN (1925-19ii) HAROLD S. lRW'f,V. JR. (1954-1986) !RW!$ fRWLV &IRWIN (1955-19R6J IRWlV, fRWfN & McKVIGHT (1986-f 99J) fRWlN, McKNLGHT & HUGHES (1994- ) December 12, 2001 Johnna J. Kopecky, Esquire Saidis, 5huff, Flower & Lindsay 26 West Pomfret Street Carlisle, PA 17013 Re: John P. Chronister v. Kristy L. Chronister Dear Joluma: ~ ~' I discussed your letter dated December 7, 2001, with my client, John Chronister. I have a copy of the Marriage Settlement Agreement which indicates that your client will cooperate with the finalization of the divorce. My client is willing to delay the divorce until Mazch 1, 2002, if your client does the following: 1. Effective December 15, 2001, cancel the spousal support portion of the Domestic Relations Order. 2. Pay the Agway bill of $353.51. This is for service incurred by Kristy. Please let me know your position as soon as possible. Very truly yours, IRWIN~,AM,c'l v~vVl Mar us A. M~ & HUGHES III, Esq. MAM/min Encl. cc: Mr. John P. Chronister LAW OFFICES IRWIN McKNIGHI'~ £~ HUGH£S WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER B. IRWIN CARLISLE, PENNSYLVANIA 1 70 7 3-3222 MARCUS A. ,Y/cKNIGHT. Iff JA:bfES D. HUGHES (717) 249-2353 REBECC4 R. HUGHES FAX (717) 249-6354 MARK D. SCHWARTZ E-MAIL: IMHLAW®SUPERNET.COM DOUGLAS G. MILLER January 3, 2002 Johnna J. Kopecky, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Re: John P. Chronister v. Kristy L. Chronister Dear Johnna: HAROLD S. /RWIN 11925-19~:) HAROLD S. /RWIN, JR, (1954-1986) (RWIN, IRWIN&/RWM ((956-19Rh) IRWIN, !RWIN & McKNIGHT (I9R6-1994) /RWIN, McKNfGHT & HUGHES (/994- ) ~L PY I have not received a response to my letter of December 12, 2001. The parties signed a Marriage Settlement Agreement in which they both agreed to cooperate with finalizing the divorce. Please return the Affidavits and Consents or agree to the term of our letter of December 12, 2001. If I do not hear from you, I will be forced to file a petition and seek payment of counsel fees. V ery truly yours, IRWIN, cKNIGHT & UGHES Marc s A. McKnight, III, MAM/min cc: Mr. John P. Chronister VERIFICATION The foregoing Petition for Special Relief is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made aze subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. P. CHROlVISTER Date: FEBRUARY 7. 2002 JOHN P. CHRONISTER, Plaintiff/Petitioner v. IO2ISTY L. CHRONISTER, Defendant/Bespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2001-4774 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Johnna J. Kopecky, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 IRWIN, McI~TIGHT & HUGHES L By: Marcus A./McI{night, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717)249-2353 Supreme Court I.D. No. 25476 Date: February 7, 2002 5 P Ci tl"a ,-~ C~ i; (l~ ~_ a ~ I -e, ' 7 , r-i _ ,' c:. :.. =!{ --. r; ~_ c -. IA L'^] S_-.! LAW OFFICES IRWIN McKNIGHT £~ HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER e. rewLH CARLISLE, PENNSYLVANIA 17073-3222 HAROLD s LRwGV p92s-/977) MARCUS A. McKIJLGHT, //L HAROLD S 7Rw/N, JR (1954-1986) JAMES D. HUGHES (717) 249-2353 IRw/N, lRwIN & /RWBV (/9567986) REBECCA R. HUGHES FAX (717) 249.6354 IRw/N, /Rw/N & McIUJlGHT (1986-1994) MARK D. SCHwARTZ E-MAIL: IMHLAW®SUPERNET.COM /RwlN, McKNIGHT&HUGHFS (/994-) DOUGLAS G. M/LLER March 20, 2002 THE HONORABLE KEVIN A. HESS THE COURT OF COMMON PLEAS „~;; ` OF CUMBERLAND COUNTY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 RE: JOHN P. CHRONISTER v. KRISTY L. CHRONISTER 2001-4774 Dear Judge Hess: This letter is to confirm the message I left with your secretary, Robbie. You set a hearing for special relief for Thursday, March 28, 2002 at 10:30 a.m. The purpose of the hearing was to enforce a Marriage Settlement Agreement which required the coopera5on of the Defendant to obtain the Divorce. She finally signed the consents and other affidavits and a final Decree was entered in this case by you on March 6, 2002. Therefore, the hearing scheduled for March 28`~ is no longer necessary and maybe cancelled. Thank you for your cooperation. Very truly yours, IRWIN, M IGH Marcu A. McKni~ MAM:sIs cc: Johnna J. Kopecky, Esquire Mr. John P. Chronister JOHN P. CHRONISTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-4774 CIVIL ACTION LAW KRISTY CHRONISTER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 06, 2003 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 04, 2003 at 9:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues iu dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, BY~ isi Jacqueline M. Verne, Esa.y Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodafions available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hotu-s prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OLJT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 3: -~~"-'~ti'T~uB.~iNtl6!84nw~2~i tauuc§':s~+., b ,.=e,.-:<:~ --..a:u.~,.. s.:..r,~v €YEIYeOeklF~ GwJ .•,wH. ~~ ~` I ) i ~; ~LJ ~lJ~~: JV A• I '~y/ ~CI~Nu}J~_~~faf'4fj 07 - ? ~~ r~9~-~ srrsr, ~' JOHN P. CHRONISTER, : IN THE COURT OF COMMON PLEAS OF Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2001- 4774 CIVIL TERM KRISTY CHRONISTER, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at on the day of , 2003 at . M. for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and nazrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, Custody Conciliator YOU SHOULD TAKE TffiS 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, Pennsylvania 17013 (717)249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduling conference or hearing. JOHN P. CHRONISTER, Petitioner v. I{RISTY CHRONISTER Respondent CIVIL ACTION -LAW 2001-4774 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, this 3rd day of February 2003, comes the Petitioner, John P. Chronister, by his attorneys, Irwin, McKnight and Hughes, and presents the following Complaint for Custody. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1. The Petitioner is John P. Chronister, an adult individual residing at 1450 Craines Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Kristy Chronister, an adult individual residing at 90 Potato Road, Cazlisle, Cumberland County, Pennsylvania 17013. 3. The Petitioner is the natural father of Alixandra Kay Chronister, born June 3, 1993, and the Respondent is the natural mother of said child. 4. The Parties entered into a custody stipulation dated November 9, 2001, which was entered as an Order of Court on December 5, 2001, by Judge Kevin A. Hess. A copy of the Stipulation and Order of Court is attached hereto and is made a part of this Petition and is marked as Exhibit "A". 5. The Respondent has recently notified the Petitioner that due to a change in her boyfriend's employment, she maybe leaving the Commonwealth of Pennsylvania and taking Alixandra Kay Chronister with her. 6. The Petitioner is opposed to the Respondent leaving the Commonwealth of Pennsylvania without a hearing to determine the best interest of Alixandra ,age ten (10). 7. The Petitioner seeks an Order of Court which prohibits Kristy Chronister from removing Alixandra from the Commonwealth of Pennsylvania without a hearing on the merits of said change of residence for said child. WHEREFORE, the Petitioner, John P. Chronister, seeks an Order of Court which prohibits removal of Alixandra Kay Chronister prior to a hearing on the merits of said change. Respectfully submitted, HZWIN, McKNIGHT By: MarcuslA. , I Attorney or Petitioner, John P. C onister 60 West Pom Street Carlisle, Pennsylvania (717)249-2353 Supreme Ct. I.D. #25476 Date: February 3, 2003 E%HIBIT "A" ... - - - ~ JOHN P. CHRONISTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-4774 Civil Term KRISTY CHRONISTER, Defendant ORDER AND NOW, this ~~ day of ~~t~ C-~ 2001, upon consideration of the attached Stipulation, it is ordered and decreed that the parties shall share legal custody of Alexandra Kay Chronister, date of birth 6/3/93. Primary physical custody shall be placed in the Defendant, Kristy L. Chronister and periods of partial physical custody will be placed in the Plaintiff, John P. Chronister, pursuant to the attached Stipulation. BY THE COURT, J. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•LAW 26 W. High Street Carlisle, PA ~'RP~~ ~~~Y FR®~A RE~C~~;~ In Testimc:r.;~ ?: .r of, I here unto set my hand and ~f }e s4/ai os` s d Co rt a Carlisle, Pa. 7h~....LA.... df.....4`r.:..., i ~ ,,. _ JOHN P ~, SAIDIS SHUFF, FLOWER & LINDSAY ATTOANEYS•AT•WW 26 W. High Slreet Carlisle, PA CHRONISTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-4774 Civil Term KRISTY CHRONISTER, Defendant O c::a STIPULATION {- .. -r e=; b I ~~ AND NOW, this ~ day of /~ev.R..+.~axr+ ~~ 1:2;001, _; -, -~: comes John P. Chronister and Kristy L. Chronister; ~o =t y tom.. .: stipulate as follows: ~~ `-, cry -_ (1) Petitioner is John P. Chronister, an adult individual who currently resides at 1450 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania. (2) Respondent is Kristy L. Chronister, an adult individual who currently resides at ~0 Potato Road, Carlisle, Cumberland County, Pennsylvania. (3) The parties are the natural parents of one child, Alixandra Kay Chronister, D.O.B. 06/03/93. (4) The parties agree that they shall share legal custody of said child (5) The parties further agree that the Defendant shall have primary physical custody with said child. (6) The parties further agree that periods of partial physical custody will be with the Plaintiff as follows: (a) On alternating weekends from Friday after school until Sunday at 6:00 p.m.; ;,:, N . _. ~.ff (b) At other times to be mutually agreed by the parties in conjunction with Plaintiff's work schedule. (7) The parties also agree to share the holidays as follows: (a) The Plaintiff will have each Christmas from December 25th at noon until December 26th at noon. Defendant will have each Christmas from December 24th at noon until December 25th at noon. (b) The parties shall alternate the Thanksgiving holiday, with the Plaintiff receiving Thanksgiving of 2001 and all odd numbered years and the Defendant receiving Thanksgiving 2002 and all even numbered years. (c) The other holidays may 12e alternated or shared pursuant to mutual agreement. (8) The parties agree that this be evidenced by an order of court. (9) The parties agree that this Court shall retain jurisdiction. WHEREFORE, the parties hereto request Your Honorable SAIDIS SHUFF, FLOWER & LINDSAY ATTORNRYS•AT•LAW 2G W. High Street Carlisle, PA Court to enter an order for custody and periods of partial custody as provided in this Stipulation. uire ~. _. ,. .a VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Petition and they are true and correct to the best of my lrnowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. JOHN P. CHRO Date: February 3 , 2003 CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Kristy Chronister 90 Potato Road Carlisle, PA 17013 Date: February 3, 2003 IRWIN, McKNIGHT & HUGHES Marcus A. Mc :ght, III, squ-`'eu Supreme Court I. 6 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 Attorney for Petitioner John P. Chronister C7 ~~. F_, ~. ~.V ~'; ~ ~ _ ~ F _ iii :-r _ ~ t' -~ '~ <x~ ~ ~~ \L. .,. - MAR 1 3 2003 JOHN P. CHRONISTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2001-4774 CIVIL TERM KRISTY CHRONISTER, :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this / `~` day of l'»GLtlli , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated December 5, 2001 shall remain in full force and effect with the following additional provision: 2. Neither party shall remove the Child from the jurisdiction for purposes of relocating without further Order of Court. 3. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ~~ J. cc: Marcus A. McKnight, III, Esquire, Kristy Chronister, pro se 90 Potato Road Carlisle, PA 17013 Father ,c« J~ ~~ ~~ (,~~_ I x.03 ~• Y ~. ,~.1~~~!~1~-~~, ,~t.~~~-~~,~~Ip~s1C1 -~;_ {:'; n~i~_ -, ~..• JOHN P. CHRONISTER, Plaintiff V. KRISTY CHRONISTER, Defendant PRIOR JUDGE: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-4774 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alixandra Kay Chronister June 3, 1993 Mother 2. A Conciliation Conference was held in this matter on March 11, 2003, with the following individuals in attendance: The Father, John P. Chronister, with his counsel, Marcus A. McKnight, III, Esquire and Mother, Kristy Chronister, pro se. 3. A prior Order of Court dated December 5, 2001 was entered by the Honorable Kevin A. Hess. Said Order, entered pursuant to the parties' stipulation, provided for shared legal custody, Mother having primary physical custody and Father having alternating weekends and shared holidays. Father was concerned that Mother was relocating from the area. Mother confirmed that she had a job offer out of state for a higher paying job. Mother, however, did not wish to go to court to determine whether she would be permitted to relocate. 4. The parties agreed to the entry of an Order in the form as attached. Date ' acq line M. Verney, Esquire Custody Conciliator «~:_