HomeMy WebLinkAbout97-06490
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SEPARATION AND PROPERTY SB'l"l'LBMBH'l' AGRBBMBH'l'
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THIS AGREEMENT made this 10 day of (,l"-..D_
and between ROXANNE D. FRANK of 406 State Road, We8t
1998,
by
Fairvie""
Cumberland County, Penn8ylvania, hereinafter referred to a8 "Wife"
and RICHARD M. FRANK, SR., of 212 4th Street, West Fairview,
Cumberland County, Pennsylvania, hereinafter referred to a8
"Husband,"
WITNESSETH I
WHEREAS, Husband and Wife were married on December 16, 1989,
in Landisburg, Perry County, Pennsylvania;
WHEREAS, Husband and Wife are bona fide residents of the
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il Commonwealth of Pennsylvania and have been so for at least the past
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II six months;
Ii WHEREAS, certain differences have arisen between the parties
hereto and as a consequence, they have ceased living as Husband and
Wife.
I WHEREAS, Husband and Wife desire to settle and determine
II
II certain of their marital rights and obligations, and make an
equitable distribution of their marital property, determine their
rights to alimony, support, and all other matters which may be
considered under the Divorce Code; and,
WHEREAS, it is the intention and purpose of this Agreement to
set forth the respective rights and duties of the parties while
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they continue to live apart from each other and to .ettle all
financial and property right. between theml and,
WHEREAS, the parties hereto have mutually entered into an
agreement for the division of their jointly owned aBBets, the
provisions for the liabilities they owe, and provision. for the
resolution of their mutual differences, after both have had full
and ample opportunity to consult with attorneys of their respective
choice, and the parties now wish to have that agreement reduced to
writing/ and,
NOW THEREFORE, the parties hereto in consideration of the
mutually made and to be kept promises set forth hereinafter and for
other good and valuable consideration, and intending to be legally
bound and to legally bind their heira, successors, assigns, and
personal representatives, do hereby covenant, promise and agree as
follows I
ARTICLE I
SBPARATION
1.1
It shall be lawful for Husband and Wife at all times hereafter
to live separate and apart from each other and to reside from time
to time at such place or places as they shall respectively deem
fit, free from any control, restraint, or interference, direct or
indirect, by each other. Neither party shall molest the other or
compel or endeavor to compel the other to cohabit or dwell with him
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or her by any legal or other proceedings. The foregoing proviBions
shall not be taken to be an admission on the part of either Husband
,or Wlfe of the lawfulness of the causes leading to them living
separate and apart.
ARTICLB II
DIVORCB
2.1
!i This Agreement is not predicated on divorce. Notwithstanding
: the foregoing, it is, in fact, agreed and acknowledged between the i
i parties that a divor.cs action was filed on November 21, 1997 in
l Cumberland County at Civil Docket No. 97-6490. It is warranted,
covenanted, and represented by Husband and Wife, each to the other,
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Ii that this Agreement is lawful and enforceable and this warranty,
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covenant, and representation is made for the specific purpose of
inducing Husband and Wife to execute tha Agreement. Husband and
Wife each knowingly and understandingly hereby waive any and all
possible claims that this Agreement is, for any reason, illegal, or
unenforceable in whole or in part. Husband and Wife do each hereby
warrant, covenant and agree that, in any possible event, he and she
are and shall forever be estopped from asserting any illegality or
unenforceability as to all or any part of this Agreement.
2.2
It is further specifically understood and agreed that the
I provisions of this Agreement relating to the equitable distribution
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of property of the parties are accepted by each party as a final
settlement for all purposes whatsoever. Should either of the
parties obtain a decree, judgment or order of separation or divorce
in any other state, country, or jurisdiction, each of the parties
to this Agreement hereby consents and agrees that this Agreement
and all its covenants shall not be affected in any way by any such
! separation and divorce; and that nothing in any such decree,
judgment, order or further modification or revision thereof shall
alter, amend or vary any term of this Agreement, whether or not
either or both of the parties should remarry, it being understood
by and between the parties that this Agreement shall survive and
shall not be merged into any decree, judgment or order of divorce
or separation.
2.3
It is specifically agreed that a copy of this Agreement shall
be incorporated by reference into any divorce, judgment or decree
if or whenever sought by either of the parties hereto. Such
incorporation, however, shall not be regarded as a merger, it being
the intent of the parties to permit this Agreement to survive any
such judgment or decree.
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II Both parties ag:tee to waive all claims of spousal support,
!I alimony pendente lite, and/or alimony.
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ARTICLB III
ALIMONY PEHDBNTB LITH. SPOUSAL SUPPORT. AND ALIMONY
3.1
ARTICLE IV
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
4.1
The parties have attempted to divide their marital property in
a manner which conforms to the criteria set forth in Section 3502
of the Pennsylvania Domestic Relations Code, and taking into
account the following considerations: the length of the marriage1
the prior marriages of the parties/ the age, health, station,
amount and sources of income, vocational skills, employability 1
estate, liabilities, and needs for each of the parties 1 the
contribution of one party to the education, training or increased
earning power to the other partY1 the opportunity of each party for
future acquisition of capital assets and income1 the sources of
income of both parties, including but not limited to medical,
retirement, insurance or other benefits/ the contribution or
dissipation of each party in the acquisition, preservation,
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I depreciation, or appreciation of marital property, including the
contribution of a party as a homemaker1 the value of the property
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set apart to each party, the standard of living of the parties
established during their marriage, and the economic circumstances
I of each party, including federal,
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state and local tax
I, ramifications, at the time of the division of the property is to i
i' become effective.
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4.2
The division of existing marital property is not intended by
the parties to constitute in any way a sale or exchange of assets.
The division of property under this Agreement shall be in full
satisfaction of all rights of equitable distr~bution of parties.
4.3
i Husband agrees to relinquish all claims to any assets that
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I i have besn or may be acquired by Wife subsequent to the date of
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II separation.
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d Wife agrees to relinquish all claims to any assets that have
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i! been or may be acquired by Husband subsequent to the date of
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II separation.
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II 4.5
II Husband agrees to transfer to Wife all hie interest in the
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Ii marital residence located at 406 State Road, West Fairview,
II Cumberland County, Pennsylvania, and Wife shall have sole and
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II exclusive possession thereof. Husband shall, if necessary at any
II time make, execute, and deliver any and all documents in the usual
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form conveying, transferring, and granting to Wife all his right,
, title, and interest in and to the marital residence. Wife shall
: pay all costs of deed preparation and transfer of title.
..6
The parties have agreed between themselves to a division of
all household furnishings and personal property which would be
considered "marital property" under the Ponnsylvania Divorce Code,
including any pensions or retirement savings accounts or plans.
Except as otherwise provided herein, the parties acknowledge and
agree that the assets in the possession of the other spouse shall
be that spouse's sole and separate property, each party hereto
specifically releasing any claim he or she may have with respect to
such items. The parties further agree that, as to all assets not
specifically mentioned herein which are presently titled in the
sole name of one of the parties hereto or, if untitled, are
presently in the sole possession of one of the parties hereto, the
! party not having title thereto or possession thereof hereby
! releases any claims therein and acknowledges that the party having
title or possession of such items shall be the sole and exclusive
owner thereof.
Husban1 shall keep the boat, his 1996 Ram truck, and his
stereo, and Wife agrees to waive all claims thereto. Wife shall
keep the camper, the snowblower, and the lawnmower, and all the
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II content8 at the marital residence referred to in paragraph 4.5
il above, and HU8band agrees to waive all claims thereto.
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II Equity Sales Corp., which was valued at $3972.81 as of 12/31/97.
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!I Both parties agree to waive any and all claims to any other
II pension, retirement, social security, and related benefits of each
I other.
II
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I During the course of the marriage, Husband and Wife have
,I incurred certain bills and obligations and have amassed a variety
of debts which are to be distributed as followSI
4.8
Husband agrees to transfer to Wife his IRA through USLIFE
ARTICLE V - DBBTS OF TUB PARTIBS
5.1
(a) Wife shall be responsible for and agrees to hold Husband
free and harmless from any and all liability regarding the
mortgage, property taxes, utilities, and any and all debt
relating to the marital residence described in paragraph 4.5
above.
(b) Husband and Wife each agree to hold the other free and
harmless from any and all liability which may arise from any
outstanding bills, obligations, and debts incurred after the
date of separation, and further agree to indemnify and defend
the other from any claim regarding same. Both parties agree
that, in the future, neither shall cause or permit to be
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charged to or against ths other any purchase which either of
them may hereafter make and shall not hereafter create any
engagements, debts, or obligatione in the name of or against
each othAr.
5.2
I In exchange for release whatever claim they may have against
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: the real property of the other as set forth above, each of the
: parties agrees that the other party should not be burdened by any
,debt, lien, or mortgage encumbering that property.
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To that
! effect, each of the parties agrees to reasonably attempt to
refinance any such encumbrance in order to remove the name of the
non-possessory spouse.
wife agrees to hold Husband free and
harmless .trom any and all liability which may arise from any
outstanding bills, obligations, and debts enClumbering real property
in his possession and further agree to indemnify and defend Husband
from any claim regarding same,
ARTICLE VI
MISCBT.T,II.NROUS PROVISIONS
6.1
Each of the parties agree that should either of them be in
I breach of contract and fail to comply with the terms of the
Agreement herein the breaching party shall be responsible for all
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I court costs and attorney fees to enforce the Agreement.
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6.2
Advla. of Coun..i.
The parti.. acknowledge that they have
been given full and fair opportunity to consult legal counsel
regarding the legal effect of this agreement. They acknowledge and
accept that this Agreement is, in the circumstances, fair and
equitable, that it is being entered into freely and voluntarily,
after having received such advice and with such knowledge that
execution of this Agreement is not the result of any duress or
undue influence and that is not the result of any collusion or
improper or illegal agreement or agreements.
6.3
Counsel Fees. Husband and Wife agree to be responsible for
their respective attorney's fees.
6.4
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Mutual Release.
lIusband and Wife each do hereby mutually
,
i remise, release, quitclaim and forever discharge the othor And the
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estate of such other, for all times to come and for all purposes
whatsoever, of and from any and all right, title and interest, or
claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of
such other, of whatever nature and wheresoevar situate, which he or
she now has or at any time hereafter may have against such other,
the estate of such other, or any part thereof, whelher arising out
i of any former acts, contracts, engagements, or liabilities of such
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,: other as by way of dower or curtesy, or claim. in the nature of
i, dower or curtesy or widow'. or widower's rights, family exemption,
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or similar allowance, or under the intestate laws, or the right to
take against the spouse's willI or 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 spouses's estate,
whether arising under the laws of (a) Pennsylvania, (b) any state,
oommonwealth of territory of the united States, or (c) any country,
or any rights which either party may have or at any time hereafter
have for past, present, or future support or uaintenance, alimony,
" alimony pendente lite, counsel fees, costs or expenses, whether
arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Husband
and Wife to give each other by execution of this Agreement a full,
complete and general release with respect to any and all property
of any kind of nature, real or personal, not 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
thereof.
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Warranties. Each party represents that they have not
heretofore incurred or contracted for any debt or liability or
obligations for which the estate of the other party may be I
responsible or liable, except as may be provided for in this
: Agreement. Each party agrees to indemnify or hold the other party !
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i: harmless from and against any and all such debts, liabilities or
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:' obligations of each of them, including those for necessities,
: except for the obligations arising out of this Agreement. Husband
and Wife each warrant, covenant, represent and agree that each
will, now at all times hereafter, save harmless and keep the other
indemnified from all debts, charges, and liabilities incurred by
the other after the execution date of this Agreement, except as is
otherwise specifically provided for by the terms of this Agreement
and that neither of them hereafter incur any liability whatsoever
for which the estate of the other may be liable.
6.6
No waiver or modification of any of the terms of this
Agreement shall be valid unless in writing and signsd by both
parties and no waiver of any breach or default shall be deemed a
waiver of any subsequent default of the same or similar nature.
6.7
Husband and Wife covenant and agree that they will forthwith
execute any and all written instruments, assignments, releases,
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satisfaotions, deed., not.. or suoh other writings a. may be
neoes8ary or de8irable for the proper implementation of this
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Agreement, and as their reapeotive ooun8el .hall mutually agree
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8hould be 80 oxecuted in order to carry fully and effectively the
I terms of this Agreement.
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6.8
This Agreement shall be construed in acoordanoe with the laws
of the Commonwealth of Pennsylvania which are in effect as of the
date of execution of this Agreement.
6.9
Thie Agreement shall be binding and 8hall inure to the
benefit of the parties hereto and their respeotive heirs,
executors, adminietrators, successors, and assigns.
6.10
This agreement constitutee the entire understanding of the
parties and supersedes any and all prior agreements and
negutiations between them.
There are no representationtl or
warranties other than those expressly set forth herein.
6.11
II Severabilitv. If any term, condition, clause, section, or
II provision of this Agreement shall be determined or declared to be
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II void or invalid
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II condition, clause, or
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in law or otherwise,
then only that
term,
provision shall be stricken from
this
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Agreement, and in all other reapecta, thia Agreement ahall be valid
and continue in full force, effect and operation.
6.12
It is specifically understood and agreed that this Agreement
constitutes an equitable distribution of property, both real and
personal, which was legally and beneficially acquired by Husband
and Wife, or either of them, during the marriage as contemplated by
the Divorce Code of the Commonwealth of Pennsylvania.
6.13
Disclosure. The parties warrant and represent that they have
made a full disclosure of all assets prior to the execution of this
, Agreement and said execution was in reliance upon that disclosure.
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6.14
Bnforceabilitv and Consideration.
This Agreement shall
i survive any action for divorce and decree of divorce and shall
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i. forever be
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binding and
conclusive
on
the
parties,
and
any
independent action may be brought, either at law or in equity, to
enforce the terms of the Agreement by either Husband or Wife until
it shall have been fully satisfied and performed. The
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': consideration for this contract and agreement is the mutual
benefits to be obtained by both of the parties hereto and the
covenants and agreements of each of the parties to the other. The
adequacy of the consideration for all agreements herein contained
and stipulated, confessed and admitted by the parties, and the
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parties intend to be legally bound hereby. In the event either
party breaohed the aforesaid Agreement and it is determined through
appropriate legal aotion that the alleged party hae so breaohed the '
Agreement, the breaching party shall be responsible for any and all
attorney's fees as well as costs and expenses associat.ed with
litigation incurred by the non-breaohing party to enforce this
. Agreement against the breaching party.
I~ WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year written.
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I COMMONWEALTH OF PENNSYLVANIA
I COUNTY OF {'II Ill,'" ' Ij\ " 1
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! On this the ....,,(;i day of {I I' \ I i. 1998, before
i undersigned officer, personally appeared ROXAHHB D. FRARJt,
;i me (or satisfactorily proven) to be the person whose
I, subscribed to the within Agreement and acknowledged
!: executed the same for the purposes therein contained.
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me, the
known to
name is
that he
I! IN WITNESSES WHEREOF, I hereunto set my hand and official
II seal.
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tlO,~r<1"'l Sl:...l
llERtlA L Snv.YE~, Nola".' p"bl:,
earYOU T..p., YOlk COUllty, ~A
Nrt COftlm..... l!aplro. May 10, 19n
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COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF ~Lllnlj I ~l I,d )
On this the/u-f~ day of JLt/'iG 1998, before me, the
undersigned officer, personally appeared RICHARD H. FRARJt, SR.,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within Agreement and acknowledged that she
executed the same for the purp08es therein contained.
IN WITNESSES WHEREOF, I hereunto set my hand and official
I sea~,.
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" ROXANNB DUPER'1'-FRANK,
II Defendant
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I! '1'0 the Prothonotary:
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I' TranBmit the record, together with the following information,
! I to the Court for antry of a divorce decree:
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1:1' 1. Ground for Divorce: Irretrievable breakdown under 5 3301(c)
, of the Divorce Code. (Strike out inapplicable section)
ii' 2. Date and Hanner of service of the Complaint:
I Servi~e by certified mail' P 1B6 8BB 430 delivered on December 01,
11 1~1I11. _Bee Attached Affidavit of Service.
II 1m 11:
II 3. (Complete eltherparagraph (a) or (b).)
I i (a) Date of execution of the affidavit of consent
II' required by 5 3301(c) of the Divorce Code: by the Plaintiff
06/10/98 I by the Defendant 05/13/9B
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RICHARD M. FRANK, SR.
plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
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VB.
No.
97-6490
CIVIL ACTION -
IN DIVORCE
PRAECIPB TO TRAHBNI'!' RECORD
(b) Date of execution of the affidavit required by 5
3301(d) of the Divorce Code: I
Date of filing of the Plaintiff's aff1davit upon
the re.pondent: I
Date of service of the Plaintiff's affidavit upon
the respondent: .
I 4. Related claims pending: Please incorporate. without
Imeraina. the attached Separation and Propertv Settlement Aareement
of the parties into the Divorce Decree,
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5. (Complete either paragraph (a) or (b).)
(a) Date and manner of service of the Notice of
Intention to File Praecipe to Transmit Record, a oopy of which
is attached, I
(b) Date Plaintiff's Waiver of Notice in 5 3301(c)
Divorce was filed with the prothonotary: 06/15/98 I
Date Defendant'a W iver of Notice in 5 3301(c)
Divorce WllB filed with the p th ,~rr: 0~14/98 .
Matthew J. E helman, Esquire
2108 Market treet, Aztec Building
Camp Bill, Pennsylvania 17011-4706
10' 72655 Tel. (717) 763-1800
Attorney for the Plaintiff
Date: ~ Wqi
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD FRANK,
Plaintiff
ACTION IN DIVORCE
VS,
No <)7. c.'f<l() '~7 eu:J-r~
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ROXANNE DUPERT-FRANK,
Defendant
,
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims sel forth in
the following pages, you must take prompt action, You are warned that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be
entered against you 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.
.
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Where the ground fer the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling "list of marriage counselor is available
at the Office of the Prothonotary, Dauphin County Courthouse, filSl noor, Front and
Market Streets, Harrisburg, Pa,
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IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES AND 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.
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, Pa, 17013
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD FRANK,
Plaintiff
ACTION IN DIVORCE
VS,
No, q 7-t. '/90
S I J. J. T CW.:.t "'-...u.--
ROXANNE DUPERT-FRANK.
Defendanl
COMPlAINT IN DIVORCE 330lfd,
AND NOW COMES, Richard Frank, hy and through his attorney, Gary Lysaght,
and respectfully represents
I, Plaintiff is Richard Frank, whose current residence is 212 4th Street, West
Fairview, Pa" 17025
2. Defendant is Roxanne Dupert-Frank, whose current residence is 406 State
Road, Enola, Pa 17025
), Richard Frank and ROKanne Dupert-Frank have been bona fide residents in the
Commonwealth for at least six months immedialely previous to the filing of this
Complaint.
4, The plaintiff and defendant were married on December 16, I :'89, in Landisburg,
Pennsylvania, Perry County,
5, There have been no prior actions of divorce or for annulment between the
parties,
6. The plaintiff and defendant have two children together,
7, The marriage is irretrievably broken,
8, Plaintiff has been advised that counseling is available and that p!ainliffmay have
the right to require that the court require the parties to participate in counseling,
9, Plaintiff requests the court to enter a decree of divorce,
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I verify that Ihe statements made in this Complainl are lrue and correct. I
understand thai false statements h6rein are made subjeCI to the penalties of 18 Pa,C,S,
~4904. relating 10 unsworn falsification to authorities.
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Richard Frank, PlaintitT
Respectfully submitted,
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1.0, No. 39183
1350 Fishing Creek Valley Road
Harrisburg, Pa, 17112
(717) 599-5320
ATTORNEY FOR PLAINTIFF
Date: I' -2C -'17
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rN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
RICHARD FRANK,
Plaintiff
: ACTION rN DIVORCE
vs.
: No. 97.6490 Civil Tenn
ROXANNE DUPERT-FRANK,
Defendanl
To the Prothonotary:
AND NOW, this II 11... day of D, u,",-/)J~ , 1997, please enter the appearance of
Jane Adams, Esquire as Attorney of record in the above-referenced matter.
Respectfully Submitted:
~/~Q~
c J e Adams, Esquire
1.0. No. 79465
3707 Walnut Street
Harrisburg, Pa. 171 09
ATTORNEYFORPLAIiNT~
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RICHARD FRANK,
Plaintiff
: ACTION IN DIVORCE
vs.
: No. 97-6490 Civil Tenn
ROXANNE DUPERT-FRANK,
Defendant
AFFIDA VIT OF SERVICE BY CERTIFIED MAIL
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AND NOW, on this day ofDecember 1997, I, Jane Adams, hereby certifY that
on December I, 1997, a true and correct copy of the Plaintiff's Notice to Defend and Complainl
were served, via certified mail, return receipt requested, addressed to:
Roxanne Frank
406 State Road
Enola, Pa. 17025-3032
Respeclfully Submitted:
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J . e Adams, Esquire
-.-/I.D, No, 79465
3707 Walnut Street
Harrisburg, Pa. 17109
ATTORNEY FOR PLAINTIFF
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RICHARD M. FRANK, SR., I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I DOCKET NOI 97-6490 Civil
I
I CIVIL ACTION - LAW
ROXANNE D. FRANK, I IN DIVORCE
Defendant I
PRAECIPB '1'0 WITHDRAW , EHTER APPBARMlCB
TO THE PROTHONOTARY I
Kindly withdraw the appearance of Jane Adams, Esquire, as
attorney for the Plaintiff in the above-referenced matter.
DATED I
.3 'lo.9t
e Adams, Esquire
3 07 Walnut Street
arrisburg, PA 17109
PA Supreme Ct. ID No. 79465
(717) 671-9434
Kindly enter the appearance of Jeanne B. Wigbels, Esquire, as
attorney on behalf of Plaintiff in the above-referenced matter.
DATED I
J/;j/f/(
,4
anne B. Wigbels, Esqu re
W OFFICES OF PATRICK F. LAUER, JR.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
PA Supreme Ct. ID No. 68735
Phone I (717) 763-1800
I,
il RICHARD M. FRANK, SR.
I Plaintiff
I
I VS.
ROXANNB DUPBRT-FRANK,
Defendant
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PBNNSYLVANIA
I
I DOCKET NOI 97-6490 Civil Term
I
I DIVORCE ACTION
I
PLAINTIFP'S AFFIDAVIT OP CONSBNT
UNDBR SBCTION 3301101 OP THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the
Divorce Code was filed on the 21st day of November 1997.
2. The marriage of the Plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from the date of
the
I
filing 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 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. S 4904 relating to
i unsworn falsification to authorities.
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Signature I 4-~..-" v/ ~u..,./ -
Richard M. Frank, Sr.
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RICHARD M. FRANK, SR.
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I DOCKET NOI 97-6490 Civil Term
I
I DIVORCE ACTION
I
vs.
ROXANNE DUPERT-FRANK,
Defendant
DBFENDANT'S AFFIDAVIT OF CONSBNT
UNDBR SBCTION 33011cl OF THE DIVORCB COOS
1. A complaint in divorce under Section 3301(c) of the
Divorce Coda was filed on the 21st day of November 1997.
2. The marriage of the Plaintiff and Defendant is
irretrievftbly broken and ninety days have elapsed from the date of
the filing of the Complaint.
3. I consent to the entry of a final decree of divorce after
service of notice of intention to request entry of the decree.
4. 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. S 4904 relating to
unsworn falsification to authorities.
Datel6J 5/08
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Signature;
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