HomeMy WebLinkAbout08-6979SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID #09617
Susan E. Good ID #93295
4431 North Front Street, 3`d Fir.
Harrisburg, PA 17110-1778
(717) 234-2401
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Attorneys for Plaintiff
DAVID M. CHAJKOWSKI,
PLAINTIFF
V.
LAUREN L. CHAJKOWSKI,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. oB - (aq jq Civi I TerrA
: CIVIL ACTION -DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you for any other
claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013.
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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
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 of business before the
Court.
SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID #09617
Susan E. Good ID #93295
4431 North Front Street, 3rd Mr.
Harrisburg, PA 17110-1778
(717) 234-2401
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Attorneys for Plaintiff
DAVID M. CHAJKOWSKI,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
LAUREN L. CHAJKOWSKI,
DEFENDANT
NO.
CIVIL ACTION - DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR 3301(d)
OF THE DIVORCE CODE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes Plaintiff, DAVID M. CHAJKOWSKI, by his attorneys, SMIGEL,
ANDERSON & SACKS, and represents as follows:
COUNTI
DIVORCE UNDER SECTION 3301(c) OR 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is David M. Chajkowski, who currently resides at 463 Stonehedge Lane,
Mechanicsburg, Cumberland County, Pennsylvania and has resided there since on or about January,
2004.
-1-
2. Defendant is Lauren L. Chajkowski, who is, to the best of Plaintiff's knowledge, currently
temporarily residing with her mother at 1512 Spruce Street, #2701, Philadelphia, Philadelphia
County, Pennsylvania and has been residing there with her mother since on or about August, 2008.
3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 14, 2005, at Hershey, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right
to request that the Court require the parties to participate in counseling.
8. Plaintiff avers that there are no children of the parties under the age of 18.
WHEREFORE, Plaintiff requests the court to enter a decree of divorce.
COUNT II
DIVORCE UNDER 3301(a)(6) OF THE DIVORCE CODE
9. Plaintiff repeats and realleges the averments of paragraphs 1 through 8 which are
incorporated by reference herein.
10. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to
render his condition intolerable and life burdensome.
WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce pursuant to Section
3301(a)(6) of the Divorce Code.
-2-
COUNT III
EQUITABLE DISTRIBUTION
9. Plaintiff repeats and realleges the averments of paragraphs 1 through 8 which are
incorporated by reference herein.
10. Plaintiff and Defendant possess various items of both real and personal marital property
which is subject to equitable distribution by this Court.
WHEREFORE, Plaintiff requests this Court to equitably distribute the marital property after
an inventory and appraisement has been filed by the parties.
SMIGEL, ANDERSON & SACKS, LLP
Date: C I. $ ?, BY C
LeRoy Smigel, Esquire I.D. #09617
Susan E. Good, Esquire I.D. #93295
4431 North Front Street, 3rd Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
Attorneys for Plaintiff
-3-
VERIFICATION
I, David M. Chajkowski, verify that the statements made in the foregoing document are
true and correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities. xz???
Date: 1• a S-O t
DAVID M. CHAJKOWSKI
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SMIGEL, ANDERSON Bic SACKS, LLP
LeRoy Smigel, Esquire ID #09617
Susan E. Good ID #93295
4431 North Front Street, and Mr.
Harrisburg, PA 17110-1778
(717) 234-2401
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Attorneys for Plaintiff
DAVID M. CHAJKOWSKI,
PLAINTIFF
V.
LAUREN L. CHAJKOWSKI,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-6979 Civil Term
: CIVIL ACTION -DIVORCE
AFFIDAVIT OF SERVICE
I, Susan E. Good, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby
certify that I served a true and correct copy of the Complaint in Divorce Under Section 3301(c)
or 3301(d) of the Divorce Code on Defendant by delivering same by U. S. Certified Mail, return
receipt requested, Article Number 7007 2560 0000 6490 4262, postage prepaid, on December 1,
2008, addressed as follows:
Lauren L. Chajkowski
1512 Spruce Street
#2701
Philadelphia, PA 19102
IL
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¦ Complete Items 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 retum the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
A Signet
x 0 Agent
A Addressee
B. ( nted Narnef C. a of Vielivery
D. Is,)-Ah,wy-addP&s diNerfent from Itenj 1?
address bebv: No
1'i=S; enter delivery
3. Service Type
, r n ^ k j '? PA 19102- Pf Certified Mail M Express Mail
r i ?-(t?(?1x -""? 0 Registered fN Return Receipt for Merchandise
1. Article AddresW. to:
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15'??:,.SprlJee.. Str?1"
0 Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article aaser from fr
Mansfom service 7007 2560 0000 6490 4262
(fi /abe9
PS Form 3811, February 2004 Domestic Return Receipt
102595.024&1540 1
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Defendant personally received said documents on December 4, 2008, as evidenced by her
signature on the certified mail return receipt card which is attached hereto.
I verify that the statements in the foregoing Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating
to unsworn falsification to authorities.
SMIGEL, ANDERSON & SACKS, LLP
Date: I b Z,
By: e /I A-/
LeRoy Smigel, Esquire I.D. #09517
Susan E. Good, Esquire I.D. #93295
4431 North Front Street, 3ra Fir.
Harrisburg, PA 17110-1778
(717) 234-2401
Attorneys for Plaintiff
C-) r a
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MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this day of T"It-4-- _, 2009, by and
between LAUREN CHAJKOWSKI ("Wife") - A N D - DAVID CHAJKOWSKI ("Husband"), at
Harrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife having been married on May 14, 2005, at
Hershey, Pennsylvania;
WHEREAS, no children were born of this marriage;
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Lauren and David to live separate and apart for the rest of their natural
lives, and the parties desire to settle fully and finally their respective financial and property rights and
obligations as between each other including, without limitation by specification: settling of all matters
between them relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony and/or maintenance
of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt
of which is hereby acknowledged by each of the parties, Husband and Wif: , each intending to be legally
bound hereby, covenant and agree as follows:
1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant
to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the
right to live separate and apart from each other and to reside from time to time at such place or places as
they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other.
Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the
part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living
apart.
The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania at docket number 08-6979. The parties agree that they will execute
Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the
aforementioned matter simultaneously with the signing of this Agreement. Thereafter, counsel for
Plaintiff shall file a Praecipe to Transmit Record and obtain a divorce decree.
2. Division of Property. Husband and Wife agree that the following constitutes an
equitable distribution of the marital property.
A. Husband's Property. The following property shall become the sole and
exclusive property of Husband:
(1) All right, title and interest in the 2001 Volkswagen Passat;
(2) All right, title and interest in any and all of Husband's Individual
Retirement Accounts;
(3) All right, title and interest in any and all pensions, profit sharing,
savings and thrift plans, deferred compensation, annuities and/or retirement benefits
through Husband's past or present employers;
(3) All household goods and personalty in Husband's possession
wherever situated.
2
B. Wife's Property. The following property shall become the sole and
exclusive property of Wife:
(1) Husband shall transfer all right, title and interest in the 2000
Volkswagen Jetta to Wife. Thereafter, Wife shall be responsible for all insurance and
maintenance on the vehicle;
(2) Husband shall transfer all right, title and interest in the 100 shares of
Commerce Bank Stock to Wife;
(3) All right, title and interest in any and all of Wife's Individual
Retirement Accounts;
(4) All right title and interest in any and all pensions, profit sharing,
savings and thrift plans, deferred compensation, annuities and/or retirement benefits
through Wife's past or present employers;
(5) Within Thirty (30) Days of the date of this Agreement, Husband shall
pay to Wife the sum of Thirty Thousand ($30,000.00) Dollars. This payment is a
property settlement payment and shall not be includable in Wife's income for tax
purposes nor deductible from Husband's income.
(6) All household goods and personalty in Wife's possession wherever
situated.
C. Satisfactory Division of Marital and Non-Marital Property. Husband
and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of
their marital and non-marital assets, including but without limitation, business interests,
partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds,
life insurance policies or other securities, individual retirement accounts, 401(k),
3
employment benefits, checking and savings accounts, mutual funds and other assets,
whether real, personal or mixed, tangible or intangible.
3. Marital Residence. The parties acknowledge that they are the owners of the property and lot
situate at 463 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter
"Marital Home"). Husband shall become the sole and exclusive owner of the Marital Home and shall be
permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives,
relinquishes and releases any and all past, present or future right, title, claim and/or interest she may
have in and to the Marital Home. Wife shall execute a deed transferring all of Wife's right, title and
interest in the Marital Home to Husband, which deed shall be prepared by Husband's counsel and held
in escrow by Husband's counsel until such time as Husband refinances or otherwise removes Wife's
name from the obligation of the mortgage; thereafter, the deed will be released from escrow for
recording. Wife agrees that as of the date of execution of this Agreement, any and all title policies and
any other policies of insurance with respect to the Marital Home shall be endorsed to reflect Husband as
the sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or
hereafter due under such insurance policies.
Commencing on the execution date of this Agreement, Husband shall be solely and exclusively
responsible for all costs, expenses and liabilities associated with or attributable to the Marital Home,
including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes,
insurance premiums, utilities, maintenance and repairs. Husband shall keep Wife and Wife's successors,
assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or
expense, including actual attorneys fees, which may be incurred in connection with such liabilities and
expenses or resulting from Husband's ownership interest in the Marital Home.
4
4. Taxes. 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 and
expense incurred in connection therewith. Such tax, 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.
5. Additional Documentation. The parties agree to execute any deeds, assignments, titles
or other instruments necessary and appropriate to accomplish the aforesaid division of property.
6. Transfers Subject to Existing Liens. Notwithstanding any other provisions in this
document all property transferred hereunder is subject to the existing lien or liens set forth above. The
respective transferee of such property agrees to indemnify and save harmless the other party from any
claim or liability that such other party may suffer or may be required to pay on account of such lien or
encumbrance.
7. Representations and Warranties. The parties represent and warrant to each other that
the property described in this Agreement represents all of the property in which they have any right, title
and interest, and that such property is subject to no mortgage, pledge, lien, security interest,
encumbrance or charge except those which are disclosed herein.
8. Equitable Division. By this Agreement the parties have intended to effect an equitable
division of their jointly owned property. The parties have determined that an equitable division of such
property conforms to a just and right 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
5
date of this Agreement, contract nor incur any debt or liability for which the other or his or her property
may be responsible, and shall indemnify and save harmless the other from any and all claims or demands
made against him or her by reason of debts or obligations incurred by him or her and from all expenses,
legal costs, and counsel fees unless provided to the contrary herein.
13. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own
legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their
marriage.
14. Alimony. In exchange for and in consideration of the promises and representations made
hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or
demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the
other or the respective separate property of the other under the laws of the Commonwealth of
Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal
support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative,
permanent or lump sum and right to seek equitable or community distribution or division or assignment
of property or similar marital rights.
15. Full Disclosure. Husband and Wife represent and warrant that they have disclosed to
each other in full their respective assets, liabilities and income and that this Agreement was negotiated
and entered into on the basis of those disclosures. Husband's financial disclosure is attached as Exhibit
"A," and Wife's financial disclosure is attached as Exhibit "B." Each party confirms that he or she is
relying upon the substantial accuracy of the financial disclosure as an inducement to the execution of this
Agreement. No representations or warranties have been made by either party to the other, or by anyone
else, as to the financial status of the other, except as expressly set forth in this Agreement and Exhibits
"A" and `B." The parties agree that if any additional marital asset or assets with a fair market value of
7
constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as
non-taxable.
9. Relinquishment of Rights. Except as expressly provided herein, Husband forever
relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets
now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or
hereafter have in any tangible or intangible assets now belonging to Husband.
10. After-Acquired Property. Each of the parties shall hereafter own and enjoy
independently of any claim or right of the other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were
unmarried.
11. Debts. Husband and Wife shall each be solely responsible for all debts in their respective
names, including but not limited to personal loans, charge accounts and credit cards. Both parties
represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the
future will not contract or incur, any debt or liability for which the other or the estate of the other might
be responsible.
12. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past
or future by either party will be paid promptly by said party, unless and except as otherwise specifically
set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that
each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified
and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all
actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the
6
$1,000 or more is omitted from the other party's financial disclosure, either advertently or inadvertently,
the value of said marital asset or assets shall be divided equally between the parties.
16. Releases. Each party does hereby remise, release, quitclaim and forever discharge the
other and the estate of the other from any and every claim that each other may now have, or hereafter
have or can have at any time, against the other, or in and to or against the other's estate, or any part
thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of
dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take
against each other's will, or for support or maintenance, or of any other nature whatsoever, except any
rights accruing under this Agreement.
17. Indemnification. Each party represents and warrants to the other that he or she has not
incurred any debt, obligation, or other liability, other than described in this Agreement, on which the
other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding
is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act
or omission of such party, such party will at his or her sole expense, defend the other against any such
claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the
other party in respect of all damages as resulting therefrom. Damages as used herein shall include any
claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation,
counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid
same or in opposing the imposition thereof or enforcing this indemnity, resulting -to Husband or Wife
from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this
Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach
or default in performance by Husband or Wife of any of the obligations to be performed by such party
hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation
threatened or instituted against either party which might constitute the basis for a claim for indemnity
pursuant to the terms of this Agreement.
18. General Provisions. This Agreement constitutes the entire understanding of the parties
and supersedes any and all prior agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth herein.
19. Fair and Equitable Contents. The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel. Each party acknowledges that he or
she has received independent legal advice from counsel of his or her selection and that each fully
understands the facts and has been fully informed as to his or her legal rights and obligations. Each
party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and
that it is being entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper or illegal agreement or agreements.
20. Breach. It is expressly stipulated that if either party fails in the due performance of any
of his or her material obligations under this Agreement, the other party shall have the right, at his or her
election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal
remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services
rendered by the non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
21. Execution of Documents. Each party shall on demand execute any other documents that
may be necessary or advisable to carry out the provisions of this Agreement.
22. Modification. No modification, rescission or amendment to this Agreement shall be
effective unless in writing signed by each of the parties hereto.
9
23. Severability. If any provision of this Agreement is held by a Court of competent
jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless
survive and continue in full force and effect without being impaired or invalidated in any way.
24. Applicable Law. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
25. Agreement Not to be Merged. This Agreement may be filed with the Court for
incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be
merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce
Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this
Agreement as an independent contract. Such remedies in law or equity are specifically not waived or
released.
26. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be considered an original instrument and all of which together shall be considered one and
the same Agreement, and shall become effective when counterparts, which together contains the
signatures of each party, shall have been delivered to the parties hereto. Delivery of executed signature
pages by facsimile transmission shall constitute effective and binding execution and delivery of this
Agreement. Thereafter, the parties will make good faith efforts to exchange original signed counterparts.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
Witness:
- .,Z -t /';(?
?&'C H AJ K WSKI
DAVID CHAJKOWSKI
10
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
. SS.
Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and
County, Lauren Chajkowski, who being duly sworn according to law deposes and says that she is a
party of the foregoing Agreement and she executed same for the purposes therein contained.
Witness my hand and seal this day of , 2009.
3?L
Notary ubli
My Commission Expires: t
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Joseph B. Kranyak, Notary Public
City of Philadelphia, Philadelphia County
My Commission Expires April 12, 2012
Member, Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
. SS.
Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and
County, David Chajkowski, who being duly sworn according to law deposes and says that he is a party
of the foregoing Agreement and he executed same for the purposes therein contained.
Witness my hand and seal this I/ Val _ day of wyc.e_ , 2009.
Not y Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Joanne K Bradley, Notary Public
Susquehanna Tv41., Cauphln County
My Commission Expires June 3, 2011
Member, Pennsvlvania Association of Notaries
11
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Schedule B
Wife's Assets
Marital Assets and Liabilities
463 Stonehedge Lane, Mechanicsburg, PA, subject to Commerce Bank Loan #0417166763 with
a balance of $91,631 -joint names
2000 Volkswagen Jetta - joint
100 shares of Commerce Bank stock - joint
Wife's Non-Marital Assets and Liabilities
Checking account - $500
988 shares Commerce Bank stock (April July 2008)
Student loan - approximately $4,500
PHDATA 3185728_1
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OF THE r i
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C' 7 1:
SNUGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID #09617
Susan E. Good ID #93295
4431 North Front Street, 3rd Fir.
Harrisburg, PA 17110-1778
(717) 234-2401
Attorneys for Plaintiff
DAVID M. CHAJKOWSKI,
PLAINTIFF
V.
LAUREN L. CHAJKOWSKI,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-6979 CIVIL TERM
CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on November 25,
2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of 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.
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. §4904 relating to unsworn
falsification to authorities.
Date: (G? // 't
auren L. Chajkowski
- I -
3-Ii..EO*
IrRy
2909 JUJ -4 29 ?'i i 2: ! 0
SN11GEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID #09617
Susan F. Good ID #93295
4431 North Front Street, 3rd Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
Attorneys for Plaintiff
DAVID M. CHAJKOWSKI,
PLAINTIFF
V.
LAUREN L. CHAJKOWSKI,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-6979 CIVIL TERM
CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
0301(c) AND 43301(d) 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 degree 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. Section 4904 relating to unsworn
falsification to authorities.
Date: <G"o,%?'k
Lauren L. Chajkowski
FILED-CF'i""
tJ?r'=e,?
0y
?
OF THE
2009 NJUd 29 E'z 2, 10
fur J .. .j,k,
SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID #09617
Susan E. Good ID #93295
4431 North Front Street, 3`d Fir.
Harrisburg, PA 17110-1778
(717) 234-2401
lsmigelL&sasllp.com
s ood iusasllp.com
Attorneys for Plaintiff
DAVID M. CHAJKOWSKI,
PLAINTIFF
V.
LAUREN L. CHAJKOWSKI,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-6979 CIVIL TERM
CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on November 25,
2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of 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.
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. §4904 relating to unsworn
falsification to authorities.
Date:
David M. Chajkowski
}
OF WE
4 , MY
2009 J`J'.. 29 Pi 2. 10
SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID #09617
Susan E. Good ID #93295
4431 North Front Street, 3`d Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
lsmi el c?sasllp.com
sgoodLy,sasllp.com
Attorneys for Plaintiff
DAVID M. CHAJKOWSKI,
PLAINTIFF
V.
LAUREN L. CHAJKOWSKI,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-6979 CIVIL TERM
CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) AND §3301(d) OF THE DIVORCE CODE
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. Section 4904 relating to unsworn
falsification to authorities.
Date: r y??
David M. Chajkowski
L ti.
OF TH" r r'In?y
2099 . i""If 29 Pt l 2* ; 0
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1..1iYa
. ?????
SMIGEL, ANDERSON cot SACKS, LLP
LeRoy Smigel, Esquire ID #09617
Susan E. Good ID #93295
4431 North Front Street, 3rd Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
,.fun
Attorneys for Plaintiff
DAVID M. CHAJKOWSKI,
PLAINTIFF
V.
LAUREN L. CHAJKOWSKI,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-6979 CIVIL TERM
CIVIL ACTION - DIVORCE
PRAECIPE 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 §3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: The Divorce Complaint was served on
counsel for the Defendant by U.S. Certified Mail on December 4, 2008. A copy of the Affidavit of
Service and Certified Mail Return Receipt are attached hereto.
3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce
Code: by Plaintiff on June 16, 2009; and by Defendant on June 19, 2009.
- I -
(b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code:
Not applicable.
(2) Date of filing and service of the Affidavit upon the Respondent:
Not applicable.
4. Related claims pending: None.
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit
Record, a copy of which is attached: Not applicable.
(b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: Simultaneously with the filing of this praecipe.
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: Simultaneously with the filing of this praecipe.
Date:
SMIGEL, ANDERSON & SACKS, LLP
By: C.
LeRoy Smigel, Esquire I.D. #09617
Susan E. Good, Esquire I.D. #93295
4431 North Front Street, 3'"d Mr.
Harrisburg, PA 17110-1778
(717) 234-2401
Attorneys for Plaintiff
-2-
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C' ra
'Aa r 1
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SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID #09617
Susan E. Good ID #93295
4431 North Front Street, 3`d Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
l lr i,gel'r&'Sasl lp.,?4
?euiuli?GSttsll p.eirtn
Attorneys for Plaintiff
DAVID M. CHAJKOWSKI, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLV ANIA
V. NO. 08-6979 Civil Term
LAUREN L. CHAJKOWSKI,
DEFENDANT CIVIL ACTION - DIVORCE
AFFIDAVIT OF SERVICE
I, Susan E.Good, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby
certify that I served a true and correct copy of the Complaint in Divorce Under Section 3301(c)
or 3301(d) of the Divorce Code on Defendant by delivering same by U.S. Certified Mail, return
receipt requested, Article Number 7007 2560 0000 6490 4262, postage prepaid, on December 1,
2008, addressed as follows:
Lauren L. Chajkowski
1512 Spruce Street
#2701
Philadelphia, PA 19102
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
a 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 Addressed to:
L.t-u L ? L. k60 ? i
IS 1a -Spruces. ?trtx-
A. Signatu
? Agent
X ? Addressee
B. eceivi y ( nted Nam C. l,D e of elivery
D. Is elivery addrf=ss different from Item 1? M 'As
YES, enter delivery address below: ? No
3. Service Type
Certified Mail ? Express Mail
? Registered 0 Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
------ -------
2. Article Number 7007 2560 0000 6490 4262
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ;
Defendant personally received said documents on December 4, 2008, as evidenced by her
signature on the certified mail return receipt card which is attached hereto.
I verify that the statements in the foregoing Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating
to unsworn falsification to authorities.
Date: ! d
SNIIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire I.D. #09617
Susan E. Good, Esquire I.D. #9329
4431 North Front Street, 3'd Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
Attorneys for Plaintiff
L:Lr
.H ,tR
2903 AN 29 Fi 2. 1 1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAVID M. CHAJKOWSKI
V.
LAUREN L. CHAJKOWSKI
NO. 08-6979 CIVIL TERM
DIVORCE DECREE
ct y •.I Gosh .
AND NOW, it is ordered and decreed that
DAVID M. CHAJKOWS I plaintiff, and
LAUREN L. CHAJKOWSKI , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None. It is further ORDERED and DECREED that the Marriage Settlement Agreement
executed by and between the parties dated June 16, 2009, is incorporated by reference into
this Decree for the purposes of enforcement, but shall NOT be deemed to have been
with this Decree.
Prothonotary
Attest: J.
_? • , , , .
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