HomeMy WebLinkAbout06-4038
KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkonetalcomcast.net
Attorney for Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
~ NO. O~ - 'I6if {!,'u~L y~
: CIVIL ACTION - LAW
: IN DIVORCE
MELISSA CHRONISTER
Plaintiff,
TODD CHRONISTER
Defendant.
NOT ICE 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 action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
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
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
MELISSA CHRONISTER
Plaintiff,
TODD CHRONISTER
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 Complaint 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 the court
require you and your spouse to attend marriage counseling prior to a divorce being
handed down by the court. A list of professional marriage counselors is available at the
Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. 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 days of the date on which you receive this notice. Failure to do so will
constitute a waiver of your right to request counseling.
KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE. ESQ.
ATTORNEY 1.0.92207
4660 Trindle Road. Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkopecalcomcaslnet
Attorney for Plaintiff
MELISSA CHRONISTER
Plaintiff,
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
~ NO. 01.. - 46:iJ>
Ciu~L T€fl-hJ..
TODD CHRONISTER
Defendant.
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the abov~named Plaintiff, MELISSA CHRONISTER, by and
through her attorney, SHANE B. KOPE, ESQ., and makes the following Complaint in
Divorce:
1. The Plaintiff is MELISSA CHRONISTER, an adult individual who currently
resides at 133 E. Winding Hill Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
2. The Defendant is TODD CHRONISTER, an adult individual who currently
resides on Marble Street, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
3. Both the Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six (6) months immediately previous to the
filing of this Complaint.
. '
4. The Plaintiff and Defendant were married on November 29, 2003 in
Mechanicsburg, Cumberland County, Pennsylvania.
5. The Parties separated on July 26, 2005 when Defendant left the home,
6. Neither the Plaintiff nor Defendant is in the military service of the United
States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of
the Congress of 1940 and its amendments.
7, There has been no prior action for divorce or annulment instituted by
either of the parties in this or any other jurisdiction.
8. Plaintiff has been advised of the availability of marriage counseling and
the right to request that the Court require the parties to participate in counseling.
COUNT I
REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (c) OF THE
DIVORCE CODE
9. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
10. The marriage of the parties is irretrievably broken.
WHEREFORE, if both parties file affidavits consenting to a divorce after (90)
ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfUlly
requests that the Court enter a Decree of Divorce pursuant to Section 3301 (c) of the
Divorce Code.
. .
COUNT II
REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE
DIVORCE CODE
11. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
12. The marriage of the parties is irretrievably broken.
13. The parties are living separate and apart and at the appropriate time
Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for
at least two (2) years as Specified in Section 3301 (d) of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of
Divorce pursuant to Section 3301 (d) of the Divorce Code.
COUNT III
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502 (a) OF THE DIVORCE CODE
14. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
15. Plaintiff and Defendant have acquired marital property as defined by the
Divorce Code, which is subject to equitable distribution pursuant to Section 3502 (a) of
the Divorce Code.
16. Plaintiff and Defendant have been unable to agree to the equitable
distribution of said property, as of the date of filing of this Complaint.
. .
17. Plaintiff requests that the Court equitably divide, distribute, or assign the
marital property between the parties.
WHEREFORE, Plaintiff respectfully requests that the Court enter an order of
equitable distribution of marital property pursuant to Section 3502 (a) of the Divorce
Code.
COUNT IV
ALIMONY
18. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
19. Plaintiff, even though is currently working and makes substantial income, it
is not enough to provide for her reasonable needs in accordance with the standard of
living the parties established during their marriage.
20. The Defendant is employed and enjoys a substantial income from which
he is able to contribute to the support and maintenance of the Plaintiff and pay her
alimony in accordance with the Divorce Code of Pennsylvania.
WHEREFORE, Plaintiff respectfully requests that the Court enter an Order
awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable
and adequate to support and maintain Plaintiff in the station of life to which she has
become accustomed during the marriage.
. .
COUNT V
ALIMONY PENDENTE LITE
21. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
22. Plaintiff, even though is currently working and makes a substantial
income, it is not enough to support and maintain herself during the pendency of this
action.
WHEREFORE, Plaintiff respectfully requests that the Court Order Defendant to
pay him reasonable alimony pendente lite during the pendency of this action.
Respectfully Submitted,
Dated: '0 z. / z ovt;,
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JUL 11 2006 16:50 FR
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TO 97617572
P.02/02
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VERIFICATION
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I, Melissa Chronister, the Plaintiff in this matter, have read the foregoing
Complaint. I verify that my averments in this Complaint are true and correct and based
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upon my personal knowledge. I understand that any false statements herein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to
authorities.
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LAW OFFICES OF PETER J. RUSSO, P .C.
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
MELISSA L. CHRONISTER,
Plaintiff
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-4038 Civil Term
TODD A. CHRONISTER,
Defendant
CIVIL ACTION - LAW
PETITION FOR SPECIAL RELIEF FOR THE PROTECTION
OF MARITAL FUNDS
AND NOW COMES the Petitioner, Todd A. Chronister, by his attorney,
Elizabeth J. Saylor, Esquire, and files this, his Petition for Special Relief for the
Protection of Marital Funds of which the following is a statement.
1. Petitioner is Todd A. Chronister (hereinafter "Husband"), an adult
individual who currently resides at 403 West Marble Street,
Mechanicsburg, Pennsylvania 17055.
2. Respondent is Melissa L. Chronister, (hereinafter 'Wife"), an adult
individual who currently resides at 133 East Winding Hill Road,
Mechanicsburg, Pennsylvania 17055.
3. Husband and Wife were married on November 29, 2003, in
Mechanicsburg, Pennsylvania.
4. Husband moved out of the marital residence on or about July 26, 2005.
5. Husband and Wife held a joint savings account, checking account and
other money management accounts held with Member's First Federal
Credit Union of which Wife was the primary bookkeeper.
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6. Said accounts were the only accounts in which during the course of the
marriage Husband and Wife both deposited earnings into and withdrew
money from for marital expenses.
7. It is believed that in April, 2006, said accounts carried a balance of
approximately $101,000.00.
8. In June, 2006, Husband learned that Wife had withdrawn
approximately $65,000.00 from said accounts with intent of placing the
$50,000.00 towards debt incurred solely in the name of Wife,
9. Husband concerned of misappropriation of marital assets withdrew the
remaining funds held within said accounts of approximately
$26,500.00.
10. Upon Wife's request, Husband deposited approximately $13,000.00
back into said accounts.
11 . Wife then withdrew all monies from said accounts.
12. Wife obviously cannot be trusted to safeguard the marital assets
pending the agreement of the parties as to equitable distribution.
WHEREFORE, Petitioner requests this Honorable Court to enter an
Emergency Order requiring Wife to deposit $37,000.00 into an interest bearing
account within Twenty (20) days of this Order, and prohibiting both Husband and
Wife from withdrawing any funds from said accounts until an agreement of the
parties as to equitable distribution is reached or an Order of Court is rendered.
Wife shall be required to provide Husband with proof of said deposit within seven
(7) days of the deposit.
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Elizabeth J. Saylor, squire
I.D. No. 200139
The Law Offices of Peter J. Russo, P .C.
3800 Market Street
Camp Hill, PA 17050
717-591-1755
Attorney for Todd A. Chronister
MELISSA L. CHRONISTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-4038 Civil Term
TODD A. CHRONISTER,
Defendant
CIVIL ACTION - LAW
VERIFICATION
I, Todd A. Chronister, verify that the statements made in the foregoing
document(s) are true and correct. I understand that false statements made
herein are subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
Date: 7- ~C <C:J r;
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Todd A. Chronister
'-
MELISSA L. CHRONISTER,
Plaintiff
v.
TODD A. CHRONISTER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4038 Civil Term
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Janet E. Bush, hereby certify that I am on this day serving a copy of the
foregoing documents upon the person(s) and in the manner indicated below:
US Mail and addressed as follows:
Shane B. Kope
The Law Offices of Shane B. Kope
4660 Trindle Road
Suite 201
Camp Hill, PA 17011
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LA WOFFICES OF PETER J. RUSSO, P.C.
3800 Market Street
Camp Hill, P A 17011
(717) 591-1755
MELISSA L. CHRONISTER,
Plaintiff
v.
TODD A. CHRONISTER,
Defendant
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4038 Civil Term
CIVIL ACTION - LAW
ENTRY OF APPEARANCE AS COUNSEL
Kindly enter my appearance as counsel on behalf of Todd A. Chronister,
Defendant in the above matter.
7- .,l t- d (-
Date:
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La; Offices eter J. R:sso, P .C.
3800 Market Street
Camp Hill, P A 17011
Peter J. Russo, Esquire
I.D. No. 72897
Scott A. Stein, Esquire
I.D. No. 81738
Elizabeth J. Saylor, Esquire
I.D. No. 200139
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LAW OFFICES OF PETER J. RUSSO, P.C.
3800 Market Street
Camp Hill, P A 17011
(717) 591-1755
MELISSA L. CHRONISTER,
Plaintiff
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-4038 Civil Term
TODD A. CHRONISTER,
Defendant
CIVIL ACTION - LAW
DEFENDANT'S COUNTERCLAIM
AND NOW, COMES the above-named Defendant by and through his attorney
Elizabeth J. Saylor, and files this Answer and Counterclaim and, in support thereof, avers
the following:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted. By way of further response, Defendant left the martial home upon
Wife's request to do so.
6. Admitted.
7. Admitted.
8. Admitted.
PLAINTIFF'S COUNT I
9. Denied. The rules of civil procedure do not require a response to the advent
contained in paragraph 9.
10. Admitted.
PLAINTIFF'S COUNT II
11. Denied. The rules of civil procedure do not require a response to the advent
contained in paragraph II.
12. Admitted.
13. Admitted.
PLAINTIFF'S COUNT III
14. Denied. The rules of civil procedure do not require a response to the advent
contained in paragraph 14.
15. Admitted.
16. Admitted.
17. Admitted.
PLAINTIFF'S COUNT IV
18. Denied. The rules of civil procedure do not require a response to the advent
contained in paragraph 18.
19. Denied. Wife has earned an income approximately three (3) times that of
Husband during the parties' twenty (20) months of marriage. By way of further
response Wife is believed to be engaged in an extramarital affair.
20. Denied. Wife has earned an income approximately three (3) times that of
Husband during the parties' twenty (20) months of marriage. By way of further
response Wife is believed to be engaged in an extramarital affair.
PLAINTIFF'S COUNT V
21. Denied. The rules of civil procedure do not require a response to the advent
contained in paragraph 21.
22. Denied. Wife has earned an income approximately three (3) times that of
Husband during the parties' twenty (20) months of marriage. By way of further response
Wife is believed to be engaged in an extramarital affair.
DEFENDANT'S COUNTERCLAIM
COUNT I: DIVORCE - ALIMONY PENDENTE LITE, ALIMONY, COUNSEL FEES
AND COSTS
1. Paragraphs 1-22 of Defendant's Answer and Counterclaim are incorporated
herein by reference as though set forth in full.
2. Defendant is without sufficient resources so as to pay for his reasonable needs,
counsel fees and costs of these proceedings.
WHEREFORE, Defendant prays that a decree be entered in favor of the
Defendant and against the Plaintiff as follows:
That a decree in divorce be entered granting alimony in an amount sufficient to
meet his reasonable needs, counsel fees and costs.
Elizabeth J. or, Esquire
J.D. No. 200139
The Law Offices of Peter J. Russo, P.C.
3800 Market Street
Camp Hill, P A 17050
717-591-1755
Attorney for Defendant, Todd A. Chronister
.
MELISSA L, CHRONISTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
TODD A. CHRONISTER,
Defendant
CIVIL ACTION - LAW
VERIFICATION
I, Todd A. Chronister, verifY that the statements made in the foregoing
document( s) are true and correct. I understand that false statements made herein are
subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to
authorities.
Date: ? Z(:-06
c~~
Todd A. Chronister
-
.
MELISSA L. CHRONISTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
TODD A. CHRONISTER,
Defendant
CML ACTION - LAW
CERTIFICATE OF SERVICE
I, Janet E. Bush, hereby certify that I am on this day serving a copy of the
foregoing documents upon the person(s) and in the manner indicated below:
US Mail and addressed as follows:
Shane B. Kope
The Law Offices of Shane B. Kope
4660 Trindle Road
Suite 201
Camp Hill, PA 17011
Date: ..J /).-\.0 - 6\.,.0
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KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQ.
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope@comcast.net
Attorney for Plaintiff
MELISSA CHRONISTER
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-4038
: CIVIL ACTION - LAW
: IN DIVORCE
ACCEPTANCE OF SERVICE
TODD CHRONISTER
Defendant.
I accept service of the Divorce Complaint on behalf of the Defendant and certify
that I am authorized to do so.
Dated: 7 - J-~ ~ <0
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Elizabeth J. Saylor, Esquire
LAW OFFICE OF PETER J. RUSSO
3800 Market Street
Camp Hill, PA 17011
Attorney for Defendant
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JUL 2 8 2006r
LAW OFFICES OF PETER J. RUSSO, P.C.
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
MELISSA L. CHRONISTER,
Plaintiff
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-4038 Civil Term
TODD A. CHRONISTER,
Defendant
CIVIL ACTION. LAW
ORDER
AND NOW, to wit, this
b\
day of r::l" 0 -.>s--t ,2006, upon
consideration of the within Motion, the following is ORDERED:
1. A hearing is
scheduled for ()1'1;, q ,~tfJ' I in Courtroom
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2. Pursuant to the agreement of the parties pending the hearing, Plaintiff and
Defendant shall:
a. Wife shall deposit $37,000.00 into an interest bearing account
within Twenty (20) days of this Order, and
b. Both Husband and Wife shall not withdraw any funds from said
accounts until an agreement of the parties as to equitable
distribution is reached or an Order of Court is rendered, Wife shall
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be required to provide Husband with proof of said deposit within
seven (7) days of the deposit.
Distribution List:
Elizabeth J. Saylor, Esquire
Law Offices of Peter J. Russo, P.C.
3800 Market Street
Camp Hill, PA 17011
Shane B. Kope
The Law Offices of Shane B. Kope
4660 Trindle Road
Suite 201
Camp Hill, PA 17011
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BY THE COURT,
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KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQ.
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope@comcast.net
Attorney for Plaintiff
MELISSA CHRONISTER
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-4038
TODD CHRONISTER
Defendant.
: CIVIL ACTION - LAW
: IN DIVORCE
MOTION FOR RECONSIDERATION OF ORDER FOR SPECIAL RELIEF
AND NOW comes the above-named Plaintiff, MELISSA CHRONISTER, by and
through her attorney, SHANE B. KOPE, ESQ., and makes the following Appeal of the
Order for Special Relief of which the following is a statement:
1. The Plaintiff is MELISSA CHRONISTER, an adult individual who currently
resides at 133 E. Winding Hill Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
2. The Defendant is TODD CHRONISTER, an adult individual who currently resides
on Marble Street, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
3. Husband and Wife were married on November 29,2003, in Mechanicsburg,
Pennsylvania 17055.
4. The Parties separated on June 26, 2005 when Husband moved out of the marital
home.
5. Husband and Wife held a joint savings account, checking account, CDs and
other money management accounts with Member's First Federal Credit Union
(hereinafter MFFCU) of which Wife was the primary bookkeeper.
6. Said accounts were the only accounts in which during the course of the marriage
in which Wife and Husband deposited and withdrew money for marital expenses.
7. Husband also possessed a business account into which he placed the majority of
his business income.
8. As of the date of separation, the balance of these joint accounts at MFFCU was
approximately $33,350.84.
9. In January of 2006, Wife borrowed the sum of $70,000 from the MFFCU for
improvements to her home, which she purchased in 1994 prior to her marriage to
Husband. This sum was borrowed in her name only, post the date of separation. Said
amount was automatically deposited on January 26, 2006, into Husband and Wife's
joint checking account at MFFCU.
10. On May 14, 2006, Wife transferred $50,000 of said money out of the joint
account into a personal account. On the same day, Wife withdrew $5,000 of said
money to make a payment on the loan.
11. On June 4, 2006, Wife withdrew $5,000 of said money to make another payment
on the loan.
12. On June 19, 2006, Wife transferred another $5,000 of said money to her
personal account. Said withdrawals constituted $65,000, which was less than the loan
amount deposited into the account.
13. As of June 19, 2006, therefore, Wife had only withdrawn the proceeds of a
personal loan entered into post-separation from their joint account.
14. On June 26,2006, upon learning that Wife had removed the proceeds of her
personal loan money, Husband withdrew all monies from the joint checking account,
savings account, and CDs. This amount equaled $26,810.40.
15. Husband did not remove the monies from the joint money management
accounts, the remaining sum at this time being $4,750.
16. Husband replaced some of the money into the joint checking account in two
installments. On June 29,2006, Husband replaced $10,555. On July 3,2006,
Husband replaced $2,500. Total of said replaced monies equaled $13,055. Husband
thus retained $13,755.40 of the joint marital funds.
17. Fearing that her husband would once again withdraw all of the joint marital funds,
Wife transferred $12,000 ofthese funds to her personal account on July 3.
18. On July 27, 2006, Husband filed a petition for special relief for the protection of
marital funds, representing that the Wife had depleted approximately 83,000 of marital
funds.
19. As regards this Petition, this Court granted as an Emergency Order without hearing
on August 1, 2006, requiring the wife to deposit $37,000.00 into an interest-bearing
account within Twenty (20) days of the Order.
20. Husband knew at all times that the $70,000 deposited in January was money
borrowed only by his wife after their separation, and as such, did not constitute marital
property .
21. As regards the monies from the joint account, Husband withdrew a greater
proportion of these monies than Wife, and as such, has no cause to plead to the Court
for special relief.
22. Husband's Petition for Special Relief contained draft orders for your Honor to
enter. The Order entered by your Honor contained the scheduling information for the
hearing on this issue, and provided for the Wife to deposit $37,000 into an interest-
bearing account pursuant to "the agreement of the parties pending the hearing." At no
time has an agreement been reached between the Parties regarding the protection of
marital funds.
23. Husband has indicated that he is seeking this relief to exact revenge.
WHEREFORE, Appellant requests this Honorable Court to reconsider and
reverse its Emergency Order requiring Wife to deposit $37,000.00 into an interest-
bearing account within Twenty (20) days of the Order.
Respectfully Submitted,
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Dated: ~S'/O,
KOPE & ASSOCIATES, LLC
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkoDe@comcaslnet
Attorney for Plaintiff
MELISSA CHRONISTER
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
TODD CHRONISTER
Defendant.
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Shane B. Kope, do hereby certify that on this 14th day of August, 2006, I
served a true and correct copy of the foregoing Plaintiff's Motion for Reconsideration of
Order for Special Relief via regular U.S. First Class mail, postage prepaid, addressed as
follows:
Elizabeth Saylor, Esquire
Law Office of Peter J. Russo
3800 Market Street
Camp Hill, PA 17011
KOPE & ASSOCIATES, LLC
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S B. Ko e, ES;'
1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
AUG 14 2006 17:23 FR
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TO 97617572 P.04/04
I~r r~1 gg~g ~.~r
VERIECATLQN
I, Melissa Chronister. the Plaintiff in this matter, nave read the foregoing
Complaint. I verify that my averments in this Complaint are true and correct and based
upon my personal knowledge. I understand that any false statements herein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to
authorities.
Dated: sf (4../ V"
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Melissa Chr . er
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KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQ.
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope@comcast.net
Attorney for Plaintiff
MELISSA CHRONISTER
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4038
TODD CHRONISTER
Defendant.
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Lesley J. Beam, Esq, of Kope & Associates, LLC
of 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011, on behalf of the
Plaintiff, Melissa Chronister, in connection with the above-captioned divorce action.
Respectfully Submitted,
BY:
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4660 Trindle Road
Suite 201
Camp Hill, PA 17011
(717) 761-7573
Date: ~/;;JJo~
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KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQ.
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope@comcaslnet
Attorney for Plaintiff
MELISSA CHRONISTER
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4038
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
TODD CHRONISTER
Defendant.
I, Lesley J. Beam, Esquire do hereby certify that on this 21st day of August,
2006, I served a true and correct copy of the foregoing Praecipe to Enter Appearance
via regular U.S. First Class mail, postage prepaid, addressed as follows:
Elizabeth Saylor, Esquire
Law Office of Peter J. Russo
3800 Market Street
Camp Hill, PA 17011
KOPE &A SOCIATES, LLC
By: ,~,
sley J B am, Esq.
1.0.911 5
4660 indle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
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MELISSA CHRONISTER,:
Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
TODD CHRONISTER,
Defendant
NO. 06-4038 CIVIL TERM
ORDER OF COURT
AND NOW, this 31st day of August, 2006, upon consideration of Plaintiff's
Motion for Reconsideration of the order of court dated August 1, 2006, and following a
telephone conference with counsel for the Plaintiff in the person of Lesley Beam, Esq.,
and counsel for the Defendant in the person of Elizabeth J. Saylor, Esq., in which both
counsel indicated that the second paragraph of the order dated August 1, 2006, had not
been agreed to by Plaintiff, and both counsel having consented to the amendment of the
order as provided for hereinafter, the motion is granted to the extent that the second
paragraph of the said order is amended to read in its entirety as follows;
2. Pending the hearing scheduled for October 9, 2006, and
further order of court, neither party shall transfer, encumber, spend,
give away, dispose of, or otherwise diminish in value any marital
asset.
BY TIlE COURT,
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Lesley Beam, Esq.
Kope and Associates, LLC
4660 Trindle Road
Suite 20 I
Camp Hill, P A 17011
Attorney for Plaintiff
Elizabeth Saylor, Esq.
Law Office of Peter J. Russo
3800 Market Street
Camp Hill, PA 17011
Attorney for Defendant
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LAW OFFICES OF PETER J. RUSSO, P.c.
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
Attorneys for Defendant
MELISSA L. CHRONISTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 06-4038 Civil Term
TODD A. CHRONISTER,
Defendant
CIVIL ACTION - LAW
DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR
RECONSIDERATION OF ORDER FOR SPECIAL RELIEF
AND NOW, COMES the above-named Defendant by and through his attorney
Elizabeth J. Saylor, and files this Answer and Counterclaim and, in support thereof, avers
the following:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Defendant, after investigation, is without sufficient knowledge to affirm or
deny as Wife was the primary bookkeeper of the marital assets.
9. Admitted in part and denied in part. Admitted that Wife borrowed a sum of
$70,000.00 for improvements to her home which she purchased prior to the parties'
marriage. It is admitted that this sum was borrowed post separation. It is denied that the
sum was deposited into Husband and Wife's joint checking account, as $70,000 was
deposited into Husband and Wife's joint savings account on January 26,2006. Further,
Husband and Wife lived at the aforementioned home in which improvements were to be
made during their marriage. Husband is without sufficient knowledge to affirm or deny
as to whether Wife borrowed the sum of$70,000.00 in her name only or as to whether
the amount was automatically deposited into a MFFCU account belonging to Husband
and Wife.
10. Admitted in part and denied in part. It is admitted that on May 14, 2006, the
banking statements state that Wife transferred $50,000.00 into a personal account and
withdrew an additional $5,000.00. Defendant is without sufficient knowledge to affirm
or deny for what purpose this money was withdrawn.
11. Admitted in part and denied in part. It is admitted that on June 4, 2006, the
bank statements state that Wife withdrew $5,000.00. Defendant is without sufficient
knowledge to affirm or deny for what purpose this money was withdrawn.
12. Admitted in part and denied in part. It is admitted that on June 19,2006, the
bank statements state that Wife transferred $5,000.00 to her personal account. It is
denied that said withdrawals constituted $65,000.00 as additional amounts have also been
withdrawn since the separation date. Specifically, it is believed that between January
2006 and July 2006 Wife has withdrawn sums exceeding $121,000.00 from Husband and
Wife's MFFCU accounts.
13. Denied. Wife has withdrawn amounts in excess of$65,000.00, the amount of
her personal loan.
14. Admitted in part and denied in part. Husband admits to withdrawing a total
of $26,854.64 from the joint checking account upon learning that Wife had removed
funds. It is specifically denied that Husband had knowledge that Wife was removing the
funds for her personal loan as monies in excess of $70,000.00 had been withdrawn by
Wife.
15. Admitted in part and denied in part. It is admitted that Husband did not
remove $4, 750.00 from the joint money management accounts, as Mrs. Chronister
withdrew said amount on June 26,2006, as well as $5,000.00 on May 14, 2006, and
$840.00 on July 3, 2006, from the joint money management accounts.
16. Admitted in part and denied in part. It is admitted that Husband made a
deposit on June 29, 2006 and July 3,2006, totaling $13,055.00. However, it is believed
that Husband thus retained $13,799.64 of the joint marital funds.
17. Denied. It is denied that Wife withdrew $12,000.00 from the joint marital
funds. On July 3,2006, Wife withdrew $13,800.00 from the parties' joint checking
account. By way of further response, Defendant is without sufficient knowledge to
affirm or deny why Wife withdrew said funds or where the funds were directed.
18. Admitted.
19. Admitted.
20. Denied. The allegation set forth in paragraph 20 is a legal conclusion to
which no response is required. By way of further response, it is denied that Husband
knew at all times that the $70,000.00 deposited in January was money borrowed only by
his Wife after their separation, and as such, did not constitute marital property.
21. Denied. Wife has withdrawn over $121,000.00 from marital funds while
Husband has only withdrawn $26,854.64 and upon Wife's request, Husband deposited
$13,055.00 of that amount back into the parties' joint account making the balance of
Husband's withdrawals only $13,799.64.
22. Admitted.
23. Denied. It is denied that Husband has indicated that he is seeking this relief
to exact revenge, as Husband is simply concerned about the dissipation of marital assets.
By way of further response, Husband is only seeking this relief because Wife was the
primary bookkeeper and the accounts were the only accounts that Husband and Wife held
together and paid monthly bills from. Husband noticed that the funds were being
depleted and Husband was unaware of where the funds were being directed.
WHEREFORE, Defendant and his counsel request that Wife be required to
deposit $37,000.00 into an interest-bearing account.
Respectfully submitted,
Zt:
-^^
Elizabeth 1. Saylor, Esquire
I.D. No. 200139
The Law Offices of Peter J. Russo, P.c.
3800 Market Street
Camp Hill, P A 17050
717-591-1755
Attorney for Defendant, Todd A. Chronister
MELISSA L. CHRONISTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-4038
TODD A. CHRONISTER,
Defendant
CIVIL ACTION - LAW
VERIFICA nON
I, Todd A. Chronister, verify that the statements made in the foregoing
document( s) are true and correct. I understand that false statements made herein are
subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to
authorities.
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Todd A. Chronister
MELISSA L. CHRONISTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO.
TODD A. CHRONISTER,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Janet E. Bush, hereby certify that I am on this day serving a copy ofthe
Defendant's Answer to Plaintiffs Motion for Reconsideration of Order for Special Relief
upon the person(s) and in the manner indicated below:
US Mail and addressed as follows:
Leslie Beam, Esquire
The Law Offices of Shane B. Kope
4660 Trindle Road
Suite 201
Camp Hill, P A 17011
Date: '8 - 3 i - d to
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MELISSA CHRONISTER,:
Plaintiff
v.
TODD CHRONISTER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO. 06-4038 CIVIL TERM
IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF
FOR THE PROTECTION OF MARITAL FUNDS
ORDER OF COURT
AND NOW, this 6th day of October, 2006, upon consideration of the attached
letter from Elizabeth 1. Saylor, attorney for Defendant, the hearing previously scheduled
in the above matter for October 9,2006, is cancelled.
~lie Beam, Esq.
Kope and Associates, LLC
4660 Trindle Road
Suite 201
Camp Hill, PA l7011
Attorney for Plaintiff
/~~lizabeth Saylor, Esq.
Law Office of Peter J. Russo
3800 Market Street
Camp Hill, PA 17011
Attorney for Defendant
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BY THE COURT,
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From:AMERICAN SETTLEMENT SERVICES 7179205238
10/06/2006 09:40 #082 P.002/004
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LAW OmCES OF PETER J. Russo, p.e.
ATTORNEYS AT LAW
3800 Marlcet Sb'eet
Camp Hill, PA 17011
Peter J. Russo, Esquire
lohn N. Papautsis. Esquire
Scott A. Stein. Esquire
Elizabeth J. Saylor. Bsquite
Wednesdav. October 4. 2006
Cumberland County Courthouse
Attn: The Honorable Judge Oler's Chambers
1 Courthouse Square
Carlisle, PA 17013
VIA FACSIMILE ONLY
717 -240-8462
RE: Chronister v. Chronister, NO. 06-4038 Civil Term
Dear Judge Oler:
The parties in the above referenced matter have reached an agreement.
Therefore, I have filed the attached Praecipe to Withdraw my Petition for Special
Relief for the Protection of Marital Funds filed on July 27, 2006, and respectfully
request that the hearing scheduled for October 9, 2006, be cancelled.
Elizabeth J. Saylor. Esquire
1.0. No. 200139
The Law Offices of Peter J. Russo. P.C.
3800 Market Street
Camp Hill, PA 17050
717-591-1755
Enclosu res/attach ments
cc:
Leslie Beam. Esquire (Plaintiff's Counsel)
4660 Trindle Road
Suite 201
Camp Hill. PA 17011
Fax: 717-761-7572 (VIA FACSIMILE ONLY)
PHONE: (717) 591-1755
THE CHELSEA Bun.DJNO
FAX: (717) 591.1756
LAW OFFICES OF PETER J. RUSSO, P.C.
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
MELISSA L. CHRONISTER,
Plaintiff
Attomeys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-4038 Civil Term
TODD A. CHRONISTER,
Defendant
CIVIL ACTION - LAW
: JUDGE J. WESLEY OLER, JR
Praecipe to Withdraw Defendant's Petition for Special Relief for the
Protection of Marital Funds
To the Prothonotary:
Kindly withdraw Defendant's Petition for Special ReHat for the Protection
of Marital Funds, which I filed on July 27,2006.
Date: /(j-~ -Ob
Respectfully submitted,
~_.~./
Elizabeth J. Saylor, Esquire
1.0. No. 200139
The Law Offices of Peter J. Russo, P.C.
3800 Market Street
Camp Hill, PA 17050
717-591-1755
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LAW OFFICES OF PETER J. RUSSO, P.C.
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
MELISSA L. CHRONISTER,
Plaintiff
Attomeys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-4038 Civil Term
TODD A. CHRONISTER,
Defendant
CIVIL ACTION - LAW
: JUDGE J. WESLEY OLER, JR
CERTIFICATE OF SERVICE
I, Janet E. Bush, hereby certify that I am on this day serving a copy of the
Praecipe to Withdraw Defendant's Petition for Special Relief for the Protection of
Marital Funds upon the person(s) and in the manner indicated below:
US Mail and addressed as follows:
Leslie Beam, Esquire (Plaintiff's Counsel)
4660 Trindle Road
Suite 201
Camp Hill, PA 17011
Facsimile to:
Leslie Beam, Esquire
#717-761-7572
Date: I() - It; -()l.9
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KOPE & ASSOCIATES
BY: LESLEY J. BEAM, ESQ.
ATTORNEY 1.0. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
Ibeam@kopelaw.com
Attorney for Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: NO. 06-4038
MELISSA CHRONISTER,
Plaintiff,
TODD CHRONISTER,
Defendant.
: CIVIL ACTION - LAW
: IN DIVORCE
MARITAL SEPARATION AGREEMENT
1. INTRODUCTORY PROVISION
This Agreement is made by and between Melissa Chronister of Cumberland County,
Pennsylvania ("Wife") and Todd Chronister of Cumberland County, Pennsylvania
("H usband").
2. WHEREAS CLAUSES
WHEREAS, the parties hereto are Husband and Wife, having been married on
November 29, 2003, in Mechanicsburg, Pennsylvania;
WHEREAS, certain differences exist between the parties and they have decided to
permanently live separate and apart from each other and they intend by this Agreement
to fully and finally settle all of their respective rights and obligations as between each
other, including, but not necessarily limited to the settling of all interests, rights and/or
obligations between them or their estates, whether arising out of their marriage,
including, but not limited to:
a) the past, present and future support, alimony pendente lite, alimony or
maintenance of either party by the other party; and
(b) the ownership of all assets of whatever nature, including assets acquired by
either party prior to or subsequent to the date of execution. of this Agreement;
1
, ,
3. CONSIDERATION
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings set forth in this Agreement and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged by
each of the parties hereto, Wife and Husband, intending to be legally bound hereby,
covenant and agree as follows:
SECTION I
GENERAL PROVISIONS
4. INCORPORATION OF PREAMBLE
The recitals set forth in the Preamble of this Agreement are incorporated herein
and made a part hereof as if fully set forth in the body of the Agreement.
5. DEFINITIONS
5.01. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsvlvania
C.S.A.. Title 23, Section 101 et seq. (effective March 19, 1991).
5.02. Date of Execution of This Agreement. The phrase "date of execution",
"execution date" or "date of this Agreement" shall be defined as the date that the last
party signs this Agreement.
5.03. Date of Distribution. Except as defined in Paragraph 8.5 of this Agreement,
the phrase "date of distribution" of this Agreement shall be defined as the earlier of the
date of: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date
on which an initial divorce decree is entered without an appeal having been taken, or, if
such an appeal has been taken, on the date of receipt of notice of final confirmation of
the initial divorce decree by the appellate courts. If the distribution date falls on a date
when the court which entered the decree in divorce or to which appeal was taken is
closed for official business, then the distribution date shall be the next day on which that
court is open for official business.
5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall
be defined as the Internal Revenue Code of 1986, as amended, or any successor
statute thereto. References to sections of the Internal Revenue Code shall refer to
sections of the Internal Revenue Code as of the date of execution of this Agreement.
5.05. Asset. The word "Asset" shall be defined as anything of value, including, but
not limited to, real and/or personal, tangible and/or intangible property and all financial
interests however held.
5.06. Effective Date of Agreement. This Agreement shall become effective and
binding upon both parties on the execution date of this Agreement.
2
6. DIVORCE DECREE
6.01. The parties acknowledge that their marriage is irretrievably broken and that
they will secure a mutual consent, no-fault Divorce Decree in the above captioned
divorce action.
Wife previously filed a divorce action in the Court of Common Pleas of Cumberland
County, Pennsylvania, Civil Term, 2006, No. 06-4038, seeking a divorce decree
pursuant to, among other provisions, Section 3301 (c) of the Domestic Relations Code.
Husband filed a counterclaim in Divorce in the Court of Common Pleas of Cumberland
County, Pennsylvania, Civil Term, 2006, No. 06-4038.
The parties shall promptly file the affidavits required to obtain a divorce pursuant to
Section 3301 (c) of the Domestic Relation Code. As defined in the Domestic Relations
Code, the parties' marriage is irretrievably broken and they do not desire marital
counseling.
The parties shall also take all legal steps (including, but not limited to, the timely and
prompt submission of all documents and the execution of appropriate waivers of the
right to file exceptions and of the right to file an appeal) necessary to ensure that a
divorce pursuant to Section 3301 (c) of the Domestic Relations Code is entered as soon
as possible/within one (1) month~), but in any event not later than three (3) months from
the date of execution of this Agreement.
6.02. Responsibility for Proceeding With Divorce. Wife shall be responsible for
the prompt filing of the Praecipe to Transmit the Record and the related required
documents. Should Husband want a certified copy of the final divorce decree, Husband
shall pay the required fee to secure that document.
6.03. Withdrawal of Other Actions. The parties further shall take all legal steps
necessary to ensure that all pending petitions and actions between the parties
(including, but not limited to counterclaims or petitions for economic relief), except for
the divorce action referred to in this Paragraph (to the extent necessary to obtain the
divorce), are dismissed with prejudice as soon as possible and that no similar actions
are instituted, except to the extent necessary to enforce the terms of this Agreement.
6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this
Agreement, either party unreasonably delays or contests the obtaining of a final,
unappealed divorce decree, that party shall exonerate and indemnify the other party
against and hold the other party harmless from any liability and/or expense, including
reasonable counsel fees, incurred as a result of such delay or contest in obtaining the
decree.
3
7. EFFECT OF NO DIVORCE
Except as otherwise provided for in this Agreement, this Agreement shall remain
in full force and effect even if no final decree in divorce is entered.
8. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER
This Agreement shall continue in full force and effect after a final decree in divorce is
entered in any jurisdiction, it shall survive and not merge into any such divorce, and its
provisions shall not be affected by the entry of such a decree, surviving any such
decree and remaining independent of any such decree. The terms of this Agreement
shall be incorporated for enforcement purposes only, but not merged into the divorce
decree. The Court entering the decree shall have all of the powers of enforcement,
which, at the discretion of the nonbreaching party, shall include, but not necessarily be
limited to, all of the following: for breach of contract, under theories of equity, and under
the Divorce Code, including under Section 3105 (which includes contempt). The
provisions of this Agreement shall not be modifiable for any reason.
9. ADVICE OF COUNSEL
Wife has been represented by Lesley J. Beam, Esquire of Kope & Associates, LLC.
Husband has been represented by Elizabeth J. Saylor, Esquire of the Law Offices of
Peter J. Russo, P.C. Each party represents that he or she understands that, in the
absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she
might be entitled to a greater share in the decedent's estate than is provided for in this
Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled
to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony,
distribution of property, or other financial benefits arising from the marital relationship
than is provided for in this Agreement.
Notwithstanding the foregoing, the parties shall be bound by the terms of this
Agreement. Each of the parties further acknowledges and agrees that, with such
knowledge, and after having read this Agreement carefully and fully, this Agreement is
fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in
good faith, and that its execution is not the result of any duress, undue influence,
coercion, collusion and/or improper or illegal agreement.
10. FINANCIAL DISCLOSURE
The parties confirm that each has relied on the substantial accuracy of the
financial disclosure of the other as an inducement to the execution of this Agreement,
and each party acknowledges that there has been disclosure of the parties' marital
assets and debts and the parties' respective incomes. The parties agree to waive any
4
further disclosure and proceed with a settlement of all financial assets and/or debts.
11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS
Each party understands that he or she has the right: (1) to obtain from the other
party a complete inventory or list of all of the property that either or both parties own
at this time or owned as of the date of separation; (2) to have all such property valued
by means of appraisals or otherwise; (3) to compulsory discovery to assist in the
discovery and verification of facts relevant to their respective rights and obligations,
including the right to question the other party under oath; and (4) to have a Court
hold hearings and make decisions on the matters covered by this Agreement, which
Court decision concerning the parties' respective rights and obligations might be
different from the provisions of this Agreement. Given said understanding and
acknowledgment, both parties hereby waive the foregoing procedural rights.
12. BANKRUPTCY
The parties hereby agree that the provIsions of this Agreement shall not be
dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations
contained herein. In the event a party files such bankruptcy and pursuant thereto
obtains a discharge of any obligations assumed hereunder, the other party shall have
the right to declare this Agreement to be null and void and to terminate this Agreement
in which event the division of the parties' marital assets and all other rights determined
by this Agreement shall be subject to Court determination the same as if this
Agreement had never been executed by the parties.
13. MUTUAL RELEASES
Except as otherwise expressly provided in this Agreement, Wife and Husband
each do hereby mutually remise, release, quitclaim and forever discharge the other
and the estate of such other, for all time to come, and for all purposes whatsoever, of
and from the following:
A. Claims Aaainst Property or Estate: Any and all right, title, interest
and/or claims in or against the other party, the property (including income and
gain from property hereafter accruing) of the other or against the estate of
such other, of whatever nature and wheresoever situated, which he or she now
has or at any time hereafter may have against such other party, the estate of
such other party or the property of the other party or any part thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such
other.
5
B. Life Time Conveyances: The right to treat a lifetime conveyance by
the other as testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws of
(i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory
of the United States, or (iii) any other country;
C. Marital Riahts: Any rights which either party may have or at any time
hereafter have for past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, equitable distribution, costs or expenses,
whether arising as a result of the marital relation or otherwise.
D. Breach Exception: The foregoing shall not apply to all rights and
agreements and obligations of whatsoever nature arising or which may arise
under this Agreement or for the breach of any provision thereof. It is the
intention of Husband and Wife to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all
property of any kind or nature, real, personal or mixed, which the other now
owns or may hereafter acquire, except and only except, all rights and
agreements and obligations of whatsoever nature arising or which may arise
under this Agreement or for the breach of any provisions thereof.
14. WAIVER OR MODIFICATION
No modification or waiver of any of the terms hereof shall be valid unless in writing
and signed by both parties and no waiver of any breach hereof or default hereunder
shall be deemed a waiver of any subsequent default of the same or similar nature.
15. MUTUAL COOPERATION
Each party shall, at any time, and from time to time hereafter, and within five (5)
business days of request, take any and all steps and execute, acknowledge and
deliver to the other party, any and all further instruments and/or documents that the
other party may reasonably require for the purpose of giving full force and effect to the
provisions of this Agreement.
16. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors and assigns.
17. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes
6
any and all prior agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth herein.
18. BREACH
If for any reason either Husband or Wife fails to perform his or her obligations owed
to or for the benefit of the other party and/or otherwise breaches the terms of this
Agreement, then the other party shall have the following rights and remedies:
A. Divorce Code Remedies: The right to all remedies set forth in Section
3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any
additional rights and remedies that may hereafter be enacted by virtue of the
amendment of said statute or replacement thereof by any other similar laws.
B. Damaaes: The right to damages arising out of breach of the terms of
this Agreement, which damages shall include reimbursement of all reasonable
attorney's fees and costs incurred as the result of the breach and in bringing the
damage action.
C. Other Remedies: Any other remedies provided for in law or in equity.
D. Consideration for Reasonable Attorneys Fees: Any award of
"reasonable attorney's fees" as used in this paragraph shall be based on
consideration of (1) the hourly rate charged; (2) the services rendered; and (3)
the necessity of the services rendered. Determination of reasonableness shall
not take into consideration the amount or nature of the obligation sought to be
enforced or any possibility of settlement for less than the obligation sought to
be enforced by the non-breaching party.
E. Breach Notice: In the event of an alleged breach of any term of this
Agreement, the aggrieved party shall provide written notice to the breaching
party and his or her counsel of his or her intent to take action to enforce his or
her rights under the Agreement and to remedy such breach. The breaching
party shall have a period of fifteen (15) days from the mailing of such notice to
cure the alleged breach prior to the institution of any proceedings of any nature
for enforcement of this Agreement.
19. INCOME TAX MATTERS
With respect to income tax matters regarding the parties the following shall apply:
A. Prior Returns: The parties have heretofore filed joint federal and state
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 arising out of such joint filing, each will be responsible for
payment of half of such tax and any interest, penalty or other expense arising
7
therefrom and shall indemnify and hold harmless the other from and against any
loss or liability as a result thereof.
B. Current Returns: The parties shall file individual tax returns for the
current tax year and for every tax year hereafter.
C. Preservation of Records: Each party will keep and preserve for a
period of three (3) years from the date of their divorce all financial records
relating to the marital estate, and each party will allow the other party access to
those records as may be reasonably necessary from time to time.
20. EFFECT OF RECONCILIATION
This Agreement shall remain in full force and effect even if the parties reconcile,
cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This
Agreement shall continue in full force and effect and there shall be no modification or
waiver of any of the terms hereof unless the parties, in writing, signed by both
parties, execute a statement declaring this Agreement or any term of this Agreement
to be null and void.
SECTION II
EQUITABLE DISTRIBUTION OF PROPERTY
21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY
The parties agree that the division of all property and debts set forth in this
Agreement is equitable and in the event an action in divorce has been or is hereafter
commenced, both parties waive and relinquish the right to divide and distribute their
assets and debts in any manner not consistent with the terms set forth herein and
further waive and relinquish the right to have the Court equitably divide and distribute
their marital assets and debts. It is further the intent, understanding and agreement
of the parties that this Agreement is a full, final, complete and equitable property
division.
22. DISTRIBUTION OF PROPERTY AND DEBTS
The parties' marital assets and debts shall be divided and distributed as follows:
A. Personal Property: The parties' tangible personal property including, but
without limitation with specific reference to, jewelry, clothes, furniture,
furnishings, rugs, carpets, household equipment and appliances, tools, pictures,
books, works of art and other personal property ("the Personal Property") shall
be divided and distributed by agreement of the parties. Should there be
disagreement as to this property, said property will be divided and distributed
8
as follows:
1. To Wife: All items of personal property currently in the
possession of Wife, not otherwise distributed to Husband herein.
2. To Husband: All items of personal property currently in the
possession of Husband, not otherwise distributed to Wife herein.
B. Vehicle(s)and Vehicle Loan(s}: The parties' vehicles, boats,
snowmobiles, motorcycles, trailers, campers and the like owned by one or both
of the parties, or the trade in value thereof if the vehicles have been sold or
traded in prior to the date of this Agreement, and loans associated therewith,
shall be divided and distributed as follows:
1. To Wife: All vehicles currently in possession of Wife,
specifically a 1995 Ford Windstar.
2. To Husband: All vehicles currently in possession of Husband,
specifically a Toyota Corolla.
C. Monetary Distributions: All funds in joint and separate accounts,
including but not limited to savings, checking, and money market accounts,
should be distributed as follows:
1. To Husband:
(a) Thirteen thousand, seven hundred and ninety nine
dollars and sixty-four cents ($13,799.64), said amount being
already withdrawn from the parties' joint accounts and in
Husband's possession as of July of 2006.
(b) Any and all funds currently held in Husband's business
accounts and/or any other accounts held solely in his name.
2. To Wife:
(a) The remainder of any funds held in parties' joint accounts.
(b) Any and all funds currently held in any accounts held
solely in Wife's name.
Husband agrees that he will remove his name from the joint checking
account to which Wife's personal loan is tied. Husband will take all necessary
steps to remove his name from said account within one (1) month of the date of
execution of this agreement.
D. Investments: The parties' shares of stock, brokerage accounts and other
investments (the "Investments") shall be divided and distributed as follows:
1. To Wife: Any shares currently in her possession or name.
9
2. To Husband: Any shares currently in his possession or name.
E. Life Insurance: The parties' life insurance policies and the cash value of
said policies shall remain in the possession of the party under whose name the
policy is held. Neither party is entitled to the value or a portion of the value of the
life insurance policy of his/her current spouse.
F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA
Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Deferred
Savings Plan, any employee benefit plan and/or any other retirement type plans
(the "Retirement Plans") shall be divided and distributed as follows:
1. To Wife: Any plans currently held under her name.
2. To Husband: Any plans currently held under his name.
G. Debts: The parties' marital debts, loans, credit cards and other
obligations, not otherwise divided and distributed herein, shall be divided and
distributed as follows:
1. To Wife: Wife shall be solely liable for and shall timely pay the
following debts:
A. Any credit cards, loans, debts and liabilities incurred in
Wife's individual name.
2. To Husband: Husband shall be solely liable for and shall timely
pay the following debts:
A. Any credit cards, loans, debts and liabilities incurred in
Husband's individual name.
H. Title Transfer: The vehicles owned by the parties respectively should
be owned in full by whatever party with whom custody of the vehicle currently
lies. Title for said vehicles should be in the name of the party with whom has
custody of the vehicle at this time. Should transfer of the title of any vehicle
be necessary to comply with this Paragraph and Paragraph 228., title transfer
of said vehicle will be made in accordance with the law within thirty (30) days
of the signing of this Agreement. All costs of the title transfer will be the
responsibility of the party assigning title.
23. MEDICAL. DENTAL. VISION. PSYCHOLOGICAL AND PSYCHIATRIC CARE
AND PRESCRIPTIONS FOR WIFE AND HUSBAND.
23.1. Insurance. Wife represents that she presently is carrying health insurance
coverage for the benefit of Husband.
10
Husband agrees that after the divorce is finalized or within one (1) month of the date
of this agreement, whichever comes first, he will pay for and secure health insurance
coverage for himself. No party shall be responsible for the costs of health care
coverage of the other party after this time.
24. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous
provision shall apply to the distribution of the parties' marital assets and debts:
A. Final Equitable Distribution of Property: The division and
distribution of all property and debts set forth in this Agreement is equitable
and in the event an action in divorce has been or is hereafter commenced,
both parties waive and relinquish the right to divide and distribute their assets
and debts in any manner not consistent with the terms set forth herein and
further waive and relinquish the right to have the Court equitably divide and
distribute their marital assets and debts. It is further the intent, understanding
and agreement of the parties that this Agreement is a full, final, complete and
equitable property division.
B. As Is Condition: Except as otherwise specifically herein provided,
and with respect to the transfer of any tangible assets provided for in this
Marital Agreement, the parties acknowledge that he or she have had the
opportunity to inspect and view the assets that he or she is to receive as his or
her sole and separate property and he or she is fully aware of the condition of
such tangible asset and is receiving those assets in "as is" physical condition,
without warranty or representation by or from the other party.
C. Personalty Transfer: if either party is entitled to any items of
personal property in the possession of the other party as of the date of this
Agreement, the parties shall promptly make arrangements so as to permit
that party to remove the items of property from the other party's possession no
later than fifteen (15) days from the date of this Agreement.
D. Waiver. Each of the parties specifically waives, releases, renounces
and forever abandons whatever right, title and interest they may have in any
property that is to become the sole and separate property of the other party
pursuant to the terms of this Agreement.
E. Liens: In the event any asset is subject to a lien or encumbrance the
party receiving the asset as his or her property shall take it subject to said lien
and/or encumbrance and shall be solely responsible and liable therefore.
F. Debt Balances and Prior Payments: Any debt herein described shall be
deemed to include the current balance owed on the debt. Unless otherwise
herein specifically provided, there shall be no adjustment in the distribution
provisions for the payment of any portion of the marital debts prior to the
execution of this Marital Agreement, whether or not that debt or the prior
payment thereof is specifically referenced in this Paragraph, said payment
11
. .
having been taken into consideration in determining the distribution of marital
assets and debts herein provided.
G. Indemnification: Any party assuming an obligation pursuant to the terms
of this Agreement shall indemnify, protect and hold the other party harmless
from and against all any and all liability thereunder, including, but not limited to,
any attorney's fees and costs incurred by the other party as the result of
defending against the obligation and/or enforcing the provisions of this
indemnification.
H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that
neither party can make any further charges thereunder, and if said charges are
made in violation of this Agreement, then the party incurring said charge shall
immediately repay the same.
I. Non-Disclosed Liability: Any liability not disclosed in this Agreement
shall be the sole responsibility of the party who has incurred or may hereafter
incur it, and the party incurring or having incurred said debt shall pay it as it
becomes due and payable.
J. No Further Joint Debt: From the date of this Agreement, each party shall
only use those credit accounts or incur such further obligations for which that
party is individually and solely liable and the parties shall cooperate in closing
any remaining accounts which provide for joint liability.
K. No Additional Debt: Each party represents and warrants to the other
party that since the separation he or she has not, and in the future he or she
will not, contract or incur any debt or liability for which the other party or the
other party or the other party's estate might be responsible.
SECTION III
CLOSING PROVISIONS AND EXECUTION
25. COUNTERPARTS. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, but all of which shall constitute one and
the same agreement.
26. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by
facsimile signatures hereto.
27. BINDING EFFECT. By signing this agreement, each party acknowledges
having read and understood the entire agreement, and each party acknowledges
that the provisions of this agreement shall be binding upon the parties as if they
were ordered by the Court after a full hearing.
12
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby,
have signed sealed and acknowledged this Agreement the day and year below
written, which Agreement has been executed in various counterparts, each of
which shall constitute an original.
WITNESS:
c41i.c~ [k.c~fi
\..JIJ()<;;dCA~ i H~ (SEAL)
Melissa C' ister
Date: (0 ~rf{)t~y 2fi)b
(SEAL)
Todd Chronister
/' <5 -.2>(, - 0 <c.
13
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
( t\)...,_0
On this, the ~ day of~, 2006, before me, a Notary Public, the
undersigned officer, personally appeared Melissa Chronister, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the foregoing Marital Settlement
Agreement and acknowledged that she executed the same for the purposes therein contained.
IN WITNESS THEREOF, I hereunto set my hand and official seal.
COMMONW~~ QI.J.'r.h:~;.~\:~,*L:;'::':l
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Notary Publi~
COUNTY OF CUMBERLAND
)
) SS:
)
COMMONWEAL TH OF PENNSYLVANIA
On this, the db day of aCt- ,2006, before me, a Notary Public, the
undersigned officer, personally appeared Todd Chronister, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the foregoing Marital Settlement
Agreement and acknowledged that she executed the same for the purposes therein contained.
NWEALTH OF PENNSYLVANIA
NolarIaI Seal
0\1Itopher L PIt, NoCary PubIc
HIlt..,... QlIlberlBnd CaI1ly
My 0ai.1.1iIIIclI, &pies Sept. 3, 'llIJ7
Member. Pennlytvante Assoctatlon Of NoIlIrIee
IN WITNESS THEREOF, I hereunto set my hand and official seal.
NotaryPUbli~a .
14
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KOPE & ASSOCIATES
BY: LESLEY J. BEAM, ESQ.
ATTORNEY 1.0. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
Ibeam@kopelaw.com
Attorney for Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: NO. 06-4038
MELISSA CHRONISTER,
Plaintiff,
TODD CHRONISTER,
Defendant.
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on July 17,
2006.
2. The Complaint was served by Certified Mail signed by Todd Chronister on July 21,2006.
3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90)
days have elapsed from the date of filing and service of the complaint.
4. 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 Pac C. S. Section 4904 relating
to unsworn falsification to authorities.
Date: 10(210/0/0
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KOPE & ASSOCIATES
BY: LESLEY J. BEAM, ESQ.
ATTORNEY 1.0.91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
Ibeam@kopelaw.com
Attorney for Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: NO. 06-4038
MELISSA CHRONISTER,
Plaintiff,
TODD CHRONISTER,
Defendant.
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in 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: J.Qj 2.10 I uk:>
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'--Melissa.' nister
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Social Security Number
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KOPE & ASSOCIATES
BY: LESLEY J. BEAM, ESQ.
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
Ibeam@kopelaw.com
Attorney for Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: NO. 06-4038
MELISSA CHRONISTER,
Plaintiff,
TODD CHRONISTER,
Defendant.
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on July 17,
2006.
2. The Complaint was served by Certified Mail signed by Todd Chronister on July 21, 2006.
3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90)
days have elapsed from the date of filing and service of the complaint.
4. 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. Section 4904 relating
to unsworn falsification to authorities.
Date: /0 - Z?:;-- ok:>
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Todd Chronister
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KOPE & ASSOCIATES
BY: LESLEY J. BEAM, ESQ.
ATTORNEY 1.0. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
Ibeam@kopelaw.com
Attorney for Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: NO. 06-4038
MELISSA CHRONISTER,
Plaintiff,
TODD CHRONISTER,
Defendant.
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in 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: /0- ?G-c6
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Todd Chronister
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Social Security Number
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IN THE COURT OF COMMON PLEAS
MELISSA CHRONISTER
VS.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
TODD CHRONISTER
NO. 06-4038
CIVIL TERM
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 93301 (c)
i~<<>t1Q)gt~~WR~~K
(Strike out inapplicable section).
2. Date and manner of service of the complaint: Certified Mail Restricted siqn
by Defendant on July 21, 2006
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code:
by plaintiff 1 0/26 /06 ; by defendant 1 0 /26 /06
(b) (1) Date of execution of the affidavit required by 93301 (d)
of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
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:
(b) Date of plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with
the Prothonotary: 11 /2/2006
Date defendant's Waiver of Notice in 93301 (c) Divorce was filed with
the Prothonotary:
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
MELISSA CHRONISTER
No.
06-4038
VERSUS
TODD CHRONISTER
DECREE IN
DIVORCE
AND NOW,
fJ 0 'u ~,~ L.,(,} 2 ')
MELISSA CHRONISTER
, PLAINTIFF,
, ~r>'- IT IS ORDERED AND
DECREED THAT
AND
TODD CHRONISTER
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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
ATT
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
~. \l.S,SQ c1v(/'l\.~
Plaintiff
Vs
File No.
06 - 4{)3~
IN DIVORCE
I'CYLi l~y{[N~
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff I defendant in the above matter,
[select op.e by marking "x"]
_ prior to the entry of a Final Decree in Divorce,
. . or ...A- after the entry of a Final Decree in Divorce dated -ill 1.- '2- l'() b
hereby elects to resume the prio.r surname of . As.lL4 . , and gives thi~
written notice avowing his I her intention pursuant to the provisions of 54 P .S. 704.
Date:~. , ~~C1.vrMet-9JI.--
ature
COMM:ONWEH-TH OF PENNSYLVANIA )
COUNTY OF r..:Jvl~
On the~ day of t~ ' 200~ before me, the Prothonotary or the
notary public, personally appeared the above affiant mown to me to be the person whose
name is subscribed to the within document and acknowledged that he I she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereWlto set my hand hereunto set my hand and official
seal.
NOTARIAL SEAL
PROTHONOTARY, IIOTARY PI8.IC
CARlISLE CUMBERLAND COUtf1Y COURTHOUSE
MY COMMlSSIOll EXPIRES JANUARY 4. 2010 .
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