HomeMy WebLinkAbout01-4198
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IN THE COURT OF COMMON PLEAS
CFCUMBERLANDCOUNTY
STftTE OF
PENNA.
KRISTIN P. WALLIN, formerly
known as Kristin W. Ross,
Plaintiff
No.
01 - 4198 CIVIL TERM
VERSUS
TODD M. ROSS,
Defendant
DECREE IN
DIVORCE
AND NOW,
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DECREED THAT
Kristin P. Wallin
, PLAINTIFF,
AND
Todd M. Ross
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRI MONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; None
The attached Property Settlement Agreement is hereby incorporate
but not merged, into this Decree in Divorce.
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PROTHONOTARY
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PROPERTY SETTLEMENT AGREEMENT
TIllS AGREEMENT, made this J!. t1 day of ~}y ~ ,2002, by and
between Todd M. Ross, hereinafter called "Husband", and stm P. Wallm, formerly known as
Kristin W. Ross, hereinafter called "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were legally married on June 6, 1998;
WHEREAS, differences have arisen between Husband and Wife in consequence of which
they desire to live separate and apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their rights and obligations.
NOW THEREFORE, in consideration of the premises and covenants contained herein, it is
agreed by and between the parties hereto that:
1. SEPARATION,
It shall be lawful for each party at all times hereafter to live separate and apart from each
other at such place as he or she from time to time shall choose or deem fit. The foregoing provision
shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of
the causes leading to their living apart.
2, INTERFERENCES.
Each party shall be free from interference, authority and control by the other, as fully as if
he or she were single and unmarried, except as may be necessary to carry out the provisions of this
Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way
harass or malign the other, nor in any other way interfere with the peaceful existence, separate and
apart from the other.
3, DIVISION OF REAL PROPERTY,
The real estate owned by the parties as tenants by the entireties situated at 7 Bradford Court,
Mechanicsburg, Cumberland County, Pennsylvania has been placed with a real estate broker for
sale. As of the execution of this Agreement, no contracts have been entered for the sale of the said
real estate. The parties agree that Wife shall remain in the marital residence and continue to be
responsible for the payment of the mortgage pending the sale of the property.
Pending sale Wife agrees to indemnify and hold Husband harmless in the existing
mortgage. At the time of sale, after the payment of any liens of record and ordinary closing costs
the proceeds shall be divided equally between the parties. By this Agreement the parties authorize
the settlement agent designated for the purpose of distributing the proceeds of the sale to issue two
(2) separate checks, one to each of the parties for one-half of the proceeds at the time of closing.
4. DIVISION OF PERSONAL PROPERTY.
The parties hereby divided their personal property including but not limited to household
goods and furnishings, personal effects and all other items of personal property used by them in
common based on the list attached hereto and marked Exhibit "A".
Wife shall become sole owner and Husband shall waive any claim to the items listed under
Kristin on Exhibit "A" (See attached Exhibit "A");
Husband shall become sole owner and Wife shall waive any claim to the items listed under
Todd on Exhibit "A"(See attached Exhibit "A").
Items identified as split 50/50 on Exhibit "A" shall be divided between the parties to their
mutual satisfaction on an equal basis.
5, INVENSTMENTS AND SECURITIES,
The parties are the owners of investment accounts with the following:
a. Berger Funds with a balance of$3,244.57 as of September 30, 200l.
b. Datek with a balance of $2,862.39 as of September 30, 200l.
c. CitiCorp Investment Services with a balance of$31,543.92 as of September 30,
2001.
The parties agree that they shall divide equally the above referenced accounts. The parties
will take the steps necessary to divide the accounts and in the event there are any costs associated
with the division of the accounts, they will also share equally the related costs.
Wife owned an interest in a Vanguard Primecap Fund prior to marriage which has
decreased in value during the marriage. Wife will retain that asset as her sole and separate property
given the pre-marital nature of the account.
6, PENSIONS.
Each party shall retain any pension benefits in their own name individually. These shall
include, but not be limited to, 401(k) plans, IRA's, rollovers from prior employers and any other
pension type asset. Husband was formerly employed with Earle M. Jorgensen and Company and
Wife is employed by Pfizer Incorporated. Each party agrees to execute any documents necessary to
waive any claim in the pension benefits of the other.
7, BANK ACCOUNTS,
The parties have previously divided, to their mutual satisfaction, the bank accounts owned
by the parties jointly. This includes any accounts at PNC Bank.
8, ANNULMENT.
It is Wife's intent to seek an annulment of the parties' marriage through the church.
Husband agrees that he will fully cooperate with Wife in an attempt to secure an annulment
including the execution of any documents, which will be required to complete the annulment
process.
9, APPLICABILITY OF TAX LAW TO PROPERY TRANSFERS,
The parties hereby agree and express their intent that any transfer of property pursuant to
this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984
(hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of
property between spouses and former spouses. The parties agree to sign and cause to be filed any
elections or other documents required by the Internal Revenue Service to render the Act applicable
to the transfers set forth in this Agreement without recognition of gain on such transfer and subject
to the carry-over basis provisions of the said Act.
10. ASSUMPTION OF DEBTS,
With the exception of the home mortgage of the parties referred to in paragraph 3 hereof,
the parties have no joint obligations. Any debts in the parties' individual names shall be their sole
and separate responsibility.
11, BREACH.
If either party breaches any provision of this Agreement, the other party shall have the right,
at his or her election, to sue for damages for such breach. The party breaching this contract shall be
responsible for the payment of legal fees and costs incurred by the other in enforcing his or her
rights under this Agreement, or seeking such other remedy or relief as may be available to him or
her.
12, FULL DISCLOSURE,
Husband and Wife each represent and warrant to the other that he or she has made a full and
complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating
to the subject matter of this Agreement to which such party may reasonably require to make an
informed decision regarding this Agreement.
13. ADDITIONAL INSTRUMENT.
Each of the parties shall on demand execute and deliver to the other any documents
necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party
fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees,
costs and other expenses reasonably incurred as a result of such failure.
14, WIFE'S DEBTS,
Wife represents and warrants to Husband that since the parties' separation she has not and in
the future she will not contract or incur any debt or liability for which Husband or his estate might
be responsible and Wife shall indemnify and save Husband harmless from any and all claims or
demands made against him by reason of debts or obligations incurred by her.
15. HUSBAND'S DEBTS,
Husband represents and warrants to Wife that since the parties' separation he has not and in
the future he will not contract or incur any debt or liability for which Wife or her estate might be
responsible and Husband shall indemnify and save Wife harmless from any and all claims or
demands made against her by reason of debts or obligations incurred by him.
16, WAIVERS OF CLAIMS AGAINST ESTATES.
Except as herein otherwise provided, each 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, curtsy,
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, to the
request of the other, execute, acknowledge, and deliver any and all instruments which may be
necessary or advisable to carry into effect this mutual waiver and relinquishment of all such
interests, rights and claims.
17. REPRESENTATION.
It is recognized by the parties hereto that Kristin P. Wallin is represented by John 1.
Connelly, Jr., Esquire, and Todd M. Ross is represented by Mark K. Emery, Esquire. It is fully
understood and agreed that by the signing of this Agreement, each party understands the legal
impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and
each party intends to be legally bound by the terms hereof.
18, VOLUNTARY EXECUTION,
The provisions of this Agreement are fully understood by both parties and each party
acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and
that it is not the result of any duress or undue influence.
19. ENTIRE AGREEMENT.
This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set forth herein.
20. PRIOR AGREEMENT,
It is understood and agreed that any and all property settlement agreements which mayor
have been executed prior to the date and time of this Agreement are null and void and of no effect.
21. MODIFICATION AND WAIVER.
Any modification or waiver of any provision of this Agreement shall be effective only if
made in writing and executed with the same formality as this Agreement. The failure of either
party to insist upon strict performance of any of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the same or similar nature.
22, GOVERNING LAW.
This Agreement shall be governed by and shall be construed in accordance with the laws of
the Commonwealth of Pennsylvania.
23. INDEPENDENT SEPARATE COVENANTS,
It is specifically understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent covenant and agreement.
24, VOID CLAUSES.
If any term, condition, clause, or provision of this Agreement shall be determined or
declared to be void or invalid in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other respects this Agreement shall be
valid and continue in full force, effect and operation.
25. ENTRY AS PART OF DECREE,
It is the intention of the parties that this Agreement shall survive any action for divorce
which may be instituted or prosecuted by either party and no order, judgment or decree of divorce,
temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This
Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final
divorce.
26. DIVORCE ACTION.
The parties shall, at the time of the execution of the Agreement, execute documents
necessary to finalize the divorce action including, but not limited to, the withdrawal of any claims
pending under said action, indexed to number 01-4198, in the Court of Common Pleas,
.
Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling
and Waivers of Notice ofIntention to Request Entry of a Divorce Decree. The above includes the
withdrawal of Husband's request for counseling filed in the divorce action.
Counsel for Wife shall immediately take steps to transmit the record and secure a Decree in
Divorce after all documents are executed by the parties.
27, DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF
PENNSYL VANIA,
Except as specifically provided in this Agreement, each party waives any claim they may
have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania
including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable
distribution of marital property.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have
hereunto set their hands and seals the day and year first above written.
WITNESS:
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Todd M. Ross
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COMMONWEAL TH OF PENNSYLVANIA
ss.
COUNTY OF DAUPIDN
On this, the If
day of
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, 2002, before me, a Notary Public,
personally appeared Todd M. Ross, known to me to be the person whose name is subscribed to the
within Property Settlement Agreement and acknowledged that he executed the same for the
purposes therein contained.
IN WIlNESS WHEREOF, I hereunto set my hand and official seal.
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\ NOTARIAL S'E;!\.Y' \. .
. CONNIE R. SHULTZ;",,!o.t8[Y~~'
\ Mechanicsburg, C~~19 2do2
. M Commission sA..
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF DAUPIDN
On this, the 1il day of ~ JIU.J /i .Ir '^#: ' 2002, before me, a Notary Public,
personally appeared Kristin P. Wallin, I own to me tolbe the person whose name is subscribed to
the within Property Settlement Agreement and acknowledged that she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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I NOTARYP IC
NOTARIAL SEAL
. Jean L. Kosier, Notary Public
CIty of Hum~elsto~n.County of Dauphin
My Commlss!on t-:)(niT''ls F3h. 9 2004
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WllUin/Ross Asse...: AHo:=ation
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W asher/I:!;-yer/Refridg-erato r-
F amHy Room F urnirure
Iviaster Bedroom Furniture
OffIce F urnirure {;; Chairs
Kirchen T abb & Chairs
Small TV ISmaIl Stereo
Powder Room Linens/accessories
Wicker/ Gas Grill
Wooden Ladder
;;; Twin Beds
Down. Comforter/Bedding
Mantle Painting
lVIicrowave
Kitchen K.nicknacks
SUver-ware (formal and hea"lI'Y everyday)
White Everyday Placesettings
Large Wok/CrockPot/Toaster Oven
TodcPs wedding band
Todd
Dining Room Furniture
Living Room Furniture
Computer & accessories
Big Screen TV and Surround Sound
StereolReceivers!D'VDNCR
Video Camera
Treadmill/Weight Set
Pit Group Couch Set
Outdoor" Deck FurnitUre
2nd Bedroom Furniture
DeskIBookshelves from 4ti1 bedroom
1 Twin Bed
Large Wreath
San Francisco Print
Handmade Quilt
Lawnmower
Tools
Exrention Ladder
Blender/Rice Cooker
E:,ristinls engagement ring/wedding band
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SnAre 50/50
G~2.SEe~~. pOtr,~ pan[,~ et~
..A.11' Linens!} oweis
ft.JJ otce~ Gai2ge Items l.wheelozrr'ow, tl"'2Sn binG, weeciwaeker, shovels, ere)
All Wedding Gifts
Hoiina:1 c.iecorations
Luggage
CD coljection
Pictures, trees,. plants
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KRISTIN P. WALLIN, formerly
known as Kristin W. Ross,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: NO. 01-4198 CIVIL TERM
TODD M. ROSS,
Defendant
: CIVIL ACTION - LAW
: IN 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 Section (XX) 3301(c) ()
3301(d) of the Divorce Code.
2. Date and manner of service of the Complaint: July 12, 2001 by Certified Mail No.
700016700011 16979937.
3. Complete either paragraph (a) or (b).
( a) Date of execution of the Affidavit of Consent and Waiver of Counseling
required by Section 3301(c) of the Divorce Code: by Plaintiff: January 15,2002; by Defendant:
January 11, 2002.
(b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of
the Divorce Code:
(2) Date of service of the Plaintiffs Affidavit upon the Defendant:
4. Related claims pending: All claims of record have been resolved and settled pursuant to
a Property Settlement Agreement dated January 11, 2002.
5.. Date and manner of service of Notice ofIntention to file Praecipe to
Transmit Record, a copy of which is attached, if the decree is to be entered under Section 330I(d)
of the Divorce Code:
or, date of execution of Waiver of Notice ofIntention to Request Entry of a Divorce Decree
under Section 330I(c) ofthe Divorce Code: by Plaintiff: January 15,2002; by Defendant: January
11,2002.
and, date of filing of the Waiver of Notice ofIntention to Request Entry of a Divorce
Decree: Both Waivers are being filed simultaneously with this Praecipe.
JAMES, SMITH, DURKIN & CONNELLY LLP
Date: 0/- /W -OeJ.
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KRISTIN W. ROSS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
v.
; NO. (:)\ - -'l19/>
CiU'll'--r~
TODD M. ROSS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following papers, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a Decree in Divorce or annulment may be entered against you by the
Court. A judgment may also be entered against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Phone: (717) 24 - 166
KRISTIN W. ROSS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
v.
:NO. 0/- l.//ttf
TODD M. ROSS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
To the Within Named Defendant:
You have been named as the Defendant in a divorce proceeding filed in the Court of
Common Pleas of Cumberland County. This notice is to advise you that in accordance with
Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse
to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of
professional marriage counselors is available at the Office of the Prothonotary, One Courthouse
Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from this list. All necessary arrangements and the cost of
counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
Prothonotary
KRISTIN W. ROSS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
v.
: NO. "I~ <-;1 erg
TODD M. ROSS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT UNDER SECTION 3301
OF THE DIVORCE CODE
1. Plaintiff is Kristin W. Ross, social security no. 182-58-1868, who currently resides
at 7 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant is Todd M. Ross, social security no. 347-60-6376, who currently resides
at 7 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on June 6, 1998, in Exton, Pennsylvania.
5. There have been no prior actions for divorce or annulment between the parties.
6. The Plaintiff is a citizen of the United States of America.
7. The Defendant is not a member of the Armed Services of the United States of
America or its Allies.
8. The marriage is irretrievably broken.
9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff
may have the right to request that the Court require the parties to participate in counseling.
The parties to this action have been separated since June 9, 2001.
10. Plaintiff requests the Court to enter a Decree in Divorce.
11. Plaintiff avers that she is the innocent and injured spouse, and that the Defendant
has offered such indignities to the Plaintiff so as to render her condition intolerable and life
burdensome.
12. This action is not collusive.
COUNT II
CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502 OF THE DIVORCE CODE
13. Plaintiff and Defendant are the owners of various real and personal property,
motor vehicles, bank accounts and insurance policies acquired during their marriage which are
subject to equitable distribution by this Court.
JAMES, SMITH, DURKIN & CONNELLY
Date
VERIFICATION
I verify that the statements made in this Pleading 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:
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Kristin W. Ross, Plaintiff
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KRISTIN P. WALLIN, formerly
KRISTIN W. ROSS
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-4198 CIVIL TERM
TODD M. ROSS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
July 10,2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed from the date of both the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of Notice of Intention
to request entry of the Decree.
4. I have been advised of the availability of marriage counseling, and understand that I
may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court require
that my spouse and I participate in counseling prior to a divorce decree being handed down by the
Court.
I verifY that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unsworn falsification to authorities.
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KRISTIN P. WALLIN, formerly
KRISTIN W. ROSS
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00 - 4198 CIVIL TERM
TODD M. ROSS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
AND WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
July 10,2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed from the date of both the filing and service ofthe Complaint.
3. I consent to the entry of a final decree of divorce after service of Notice of Intention
to request entry of the Decree.
4. I have been advised of the availability of marriage counseling, and understand that I
may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court require
that my spouse and I participate in counseling prior to a divorce decree being handed down by the
Court.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date: 1//1/02-
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Todd M. Ross, Defendant
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KRISTIN P. WALLIN, formerly
KRISTIN W. ROSS
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00 - 4198 CIVIL TERM
TODD M. ROSS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER ~3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary .
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date: {J/-J6~-o~
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Kristin P . Wallin, Plamtiff
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KRISTIN P. WALLIN, formerly
KRISTIN W. ROSS
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00 - 4198 CIVIL TERM
TODD M. ROSS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER ~3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary .
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date: 1/1110'2-
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Todd M. Ross, Defendant
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KRISTIN W. ROSS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-04198
TODD M. ROSS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEAL TH OF PENNSYLVANIA
ss.
COUNTY OF DAUPHIN
AND NOW, this 11.JJ day of
~
, 2001, personally appeared before
me, a Notary Public in and for the State and County aforementioned, John 1. Connelly, Jr., Esquire,
who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce
was served on the Defendant, Todd M. Ross, on July 12,2001 by certified mail number 7000 1670
0011 16979937, as evidenced by the return receipt card attached hereto and made a part hereof.
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Sworn to and subscribed
before me this /1:1Jl
dayof ~ ,2001.
(}hflJ:l.~
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NOTARIAL SEAL
Jean L. Kosier, Notary Public
City of Hummelstown,County of Dauphin
My Commission Expires Feb. 9, 2004
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SENDER COMPLETE THIS SECTION
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A. Received by (Please Print Clearly)
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C. Signatu. re /7
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D. Is dellve;y address different from item 1?
If YES, enter delivery address below:
'\
ddressee
Yes
)(NO
. 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 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:
1<4111
3. Service TY{lEl.
)( CertifiedMiaij.~}YExpress Mail
o Registered ~ Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee)
Yes
2. Article Number (Copy from service label)
70t?0 /b 70 00// /09 7 9937
PS Form 3811, July 1999 Domestic Return Receipt
102595.00-M-0952
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KRISTIN W. ROSS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v,
NO, 01 - 4198 CIVIL TERM
TODD M. ROSS,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
NOTICE OF ELECTION TO RETAKE FORMER NAME
Notice is hereby given that the Plaintiff in the above matter, hereby elects to retake and
hereafter use her maiden name of Kristin P. Wallin and gives this written notice avowing her
intention in accordance with the provisions of the Act of May 25, 1939, P. L. 192, as amended.
DATED: ~~ 2J!; 100 I
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Kristin W. Ross .
TO BE KNOWN AS
~~~
Kristin P . Wallin
Sworn to and subscribed
before me this 00HLday
,2001.
NOTARIAL SEAL
Jean L. Kosier, Notary Public
City of Hummelstown,County of Dauphin
My Commission Expires Feb. 9, 2004
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KRISTIN W. WALLIN, formerly
known as ROSS,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 01 - 4198
TODD M. ROSS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO WITHDRAW CLAIMS
TO THE PROTHONOTARY:
Please withdraw the Praecipe to Request Counseling Pursuant to Section 3302(d) of
the Divorce Code filed on July 27, 2001 in the above-captioned divorce action.
FENSTERMACHER AND ASSOCIATES, P,C,
Date: I, I ( - 0 ,).,
By: //;/ ~?~~
Mark K. Emery, Esquire
Attorney for Defendant
5115 East Trindle Road
Mechanicsburg, P A 17050
(717) 691-5400
P A J.D. No. 72787
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KRISTIN W. WALLIN, formerly
known as ROSS,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01 - 4198
TODD M. ROSS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO WITHDRAW CLAIM
TO THE PROTHONOTARY:
Please withdraw the claims for Equitable Distribution in the above-captioned
divorce action.
JAMES, SMITH, DURKIN & CONNELLY LLP
Date: {)I-IS-O~
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KRISTIN W. ROSS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO. 01-4198
TODD M. ROSS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance for the Defendant in this matter.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
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lViark K. Emery
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorney for Defendant
DATED: '7-,j) u I
CERTIFICATE OF SERVICE
AND NOW, on this J 7 day of July, 2001, I, Mark K. Emery, Esquire,
hereby certify that I have served the foregoing Praecipe for Entry of Appearance by
mailing a true and correct copy by United States first class mail, addressed as follows:
John J. Connelly, Jr., Esquire
James, Smith, Durkin & Connelly, LLP
P. O. Box 650
Hershey, PA 17033-0650
FENSTERMACHER AND ASSOCIATES, P.C.
By:
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Mark K. Emery
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KRISTIN W. ROSS,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 01-4198
TODD M. ROSS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO REQUEST COUNSELING PURSUANT TO SECTION
3302(d) OF THE DIVORCE CODE
TO THE PROTHONOTARY:
Please accept this Praecipe as Notice of a request for counseling and forward
said request to the Court pursuant to Local Rules 1920.45-3 and 1920.45-4.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
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Mark K. Emery
Supreme Court 1.0. #72787
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorney for Defendant
DATED:
7-))-01
CERTIFICATE OF SERVICE
AND NOW, on this ) 7 day of July, 2001, I, Mark K. Emery, Esquire,
hereby certify that I have served the foregoing Praecipe to Request Counseling Pursuant
to Section 3302(d) of the Divorce Code by mailing a true and correct copy by United
States first class mail, addressed as follows:
John J. Connelly, Jr., Esquire
James, Smith, Durkin & Connelly, LLP
P. O. Box 650
Hershey, PA 17033-0650
FENSTERMACHER AND ASSOCIATES, P.C.
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By: _~ '::---:.;;";//"',"/07 ".2.-.
Mark K. Emery
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FENSTERMACHER AND ASSOCIATES, ~C.
AITORNEYS AND COUNSELORS AT LAW
TilE JONM RUPP 1I0U!E
MARK K. EMERY, ESQUIRE
DIRECT DIAL (717) 691-5439
July 25, 2001
Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: Ross v. Ross
No. 01-4198
Dear Sir or Madam:
Please accept this correspondence as formal notice under Local Rule 1920.45-3
that the Defendant in the above-referenced matter requests marriage counseling as
provided under 23 Pa. C.S.A. 33302. Kindly forward this notice to the Court for the
entry of an appropriate Order.
By copy of this correspondence, notice of said request is being provided to
Plaintiff's counsel. Thank you.
Very truly yours,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
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Mark K. Emery
crs
Enclosures
cc: John J. Connelly, Jr., Esquire (w/Enclosures)
Todd Ross
PLEASE RESPOND TO:
THE JONAS RUPP HOUSE
5115 EAST TRINDLE ROAD
MECHANICSBURG, PENNSYLVANIA 17050
MECHANICSBURG OFFICE:
(717) 691-5400
FAX (717) 691-5441
www.fenstermacher.cc
OCEAN CITY OFFICE
26 BAY AVENUE
OCEAN CITY, NJ 08226
(609) 391-9461