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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
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STATE OF
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~CO'T"T' n FROCK
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No.
8038 CIVIL
2000
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PlaiR-tiff
VERSUS
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'rRAr.v.T FROCK
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Defendant
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DECREE IN
DIVORCE
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AND NOW,
fYl ;J 1'1 (Tl \ 7_
, 2-002, IT is ORDERED AND
DECREED THAT SCOTT D. FROCK
PLAI NTI FF,
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AND
TRACY J. FROCK
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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;
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The Marital Settlement Agreement dated November 8, 2000, is incorporated
into but not merged into this Decree in Divorce.
By THE W~ f2
ATT S
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PROTHONOTARY
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MARITAL SETI'LEMENT AGREEMENT
AGREEMENT, made this f/.
day of 1f 6~kl'l,.
, 2000, by and
between SCOTI' D. FROCK, hereinafter referred to as "Husband", and TRACY J.
FROCK, hereinafter referred to as ''Wife''.
. WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married
on April 8, 1989;
WHEREAS, the parties hereto separated on or about October 18, 2000;
WHEREAS, there were two children born during this marriage, ZACHERY
W. FROCK, bomAugust 10, 1991; and KATELYN R. FROCK, bom May 10, 1994;
and
WHEREAS, diverse unhappy differences, disputes and difficulties have
arisen between the parties, and it is the intention of Husband and Wife to live
separate and apart for the rest of their natural lives, and the parties hereto are
desirous of settling fully and finally their respective financial and property rights
and obligations as between each other, including, witho~t limitation by
specification: the settling of all matters between them relating to the ownership
of real and personal property, the equitable distribution of such property; the
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settling of all matters between them relating to the past, present and future
support and/or maintenance of Wife by Husband or of Husband by Wife; the
settling of all matters between them relating to the parties' minor children
including custody, visitation and support; and, in general, the settling of any and
all claims and possible claims by one against the other or against their respective
estates.
NOW, THEREFORE, in consideration of the premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for other good
and valuable considerations, receipt of which is hereby acknowledged by each of
the parties hereto, Husband and Wife, each intending to be legally bound hereby,
covenant and agree as follows:
1.
AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS.
This
Agreement shall not be considered to affect or bar the right of Husband or
Wife to a divorce on lawful grounds if such grounds now exist or shall
hereafter exist or to such defense as may be available to either party. This
Agreement is not intended to condone and shall not be deemed a
condonation on the part of either party hereto of any act or acts on the part
of the other party which have occurred prior to or which may occur
subsequent to the date hereof.
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2. EFFECT OF DIVORCE DECREE. The parties agree that, unless otherwise
specifically provided herein, this Agreement shall continue in full force
and effect after such time as a final decree in divorce may be entered with
respect to the parties. It is the intent of the parties hereto that this
Agreement shall create contractual rights and obligations entirely
independent of any Court Order and that this Agreement may be enforced
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by contract remedies in addition to any other remedies which may be
available pursuant to the terms of this Agreement or otherwise under law
Or equity.
3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE. The
parties agree that the terms of this Agreement shall be incorporated, but
not merged,into any divorce decree which may be entered with respect to
them. The parties further agree that the Court of Common Pleas which
may enter such divorce decree shall retain continuing jurisdiction over the
parties and the subject matter of this Agreement for the purpose of
enforcement of any of the provisions thereof.
4. DATE OF EXECUTION. The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which it is executed by the
parties if they have each executed this Agreement on the same date.
Otherwise, the "date of execution" or "execution date" of this Agreement
shall be defined as the date of execution by the party last executing this
Agreement.
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5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal
effect have been fully explained to Husband by his attorney, Nora F. Blair,
Esquire. The provisions of this Agreement and their legal effect have been
fully explained to Wife by her attorney, Sandra L. Meilton, Esquire. The
parties acknowledge that they fully understand the facts and have been
fully informed as to their legal rights and obligations, and they
acknowledge and accept that this Agreement is, in the circumstance, fair
and equitable and that it is being entered into freely and voluntarily, after
having received such advice and with such knowledge and that execution
of this Agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper or illegal agreement or
agreements. The parties further acknowledge that they have each made
to the other a full and complete disclosure of their respective assets, estate,
liabilities, and sources of income and that they waive any specific
enumeration thereof for the purposes of this Agreement. Each party
agrees that he and she shall not, at any future time, raise as a defense or
otherwise the lack of such disclosure in any legal proceeding involving this
Agreement, with the exception of disclosure that may have been
fraudulently withheld.
6. PERSONAL RIGHTS. Husband and Wife, at all times hereafter, may and
shall live separate and apart. They shall be free from any control, restraint,
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interference or authority, direct or indirect, by the other in all respects as
fully as if they were unmarried. They may reside at such place or places
as they may select. Each may, for his or her separate use or benefit
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conduct, carryon and engage in any business, occupation, profession or
employment which to him or her may seem advisable. Husband and Wife
shall not molest, harass, disturb or malign each other or the respective
families of each other or compel or attempt to compel the other to cohabit
or dwell, by any means or in any manner whatsoever, with him or her.
7. SUBSEQUENT RECONCILIATION. The parties agree that the terms of
this Agreement shall not be affected by their subsequent cohabitation or
resumption of marital relations, unless the parties otherwise specifically
agree in writing.
B. MUTUAL RELEASES. Husband and Wife each do hereby mutually
remise, release, quitclaim and forever discharge the other and the estate
of the other, for all time to come, and for all purposes whatsoever, of and
from any and all rights, title and interests, 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 or
wheresoever situate, which he or she noW has or at any time hereafter may
have against the other, the estate of the other or any part-thereof, whether
arising out of any former acts, contracts, engagements or liabilities of the
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other or by way of dower or curtesy, or claims in the nature of dower or
curtesy or widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take against the
spouse's will; 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 spouse's estate, whether arising under the laws of Pennsylvania,
any State, Commonwealth or territory of the United States, or any other
country, or any rights which either party may have or at any time hereafter
shall have for past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, property division, costs or expenses,
whether arising as a result of the marital relation or otherwise, except, 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 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
provision thereof. It is further agreed that this Agreement shall be and
constitute a full and final resolution 9f any and all claims which each of the
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parties may have against the other for equitable division of property,
alimony, counsel fees and expenses, alimony pendente lite or any other
claims pursuant to the Pennsylvania Divorce Code or the divorce laws of
any other jurisdiction.
9. BANK ACCOUNTS AND RETIREMENT ACCOUNTS. As of October 18,
2000, Husband and Wife have established separate bank accounts and have
redirected their paychecks to be deposited into their separate accounts.
Husband and Wife agree to use the funds in the joint checking and savings
accounts to pay living expenses at the marital residence, attorney fees and
costs for both parties and other joint expenses until Wife moves out of the
marital residence. At the time Wife moves out of the marital residence, any
unpaid expenses shall be prorated to the date of the move. Any funds
remaining in the joint accounts after payment of the prorated expenses
shall be divided equally between the parties. The parties agree that no
expenditure in excess of $125.00 shall be made from the joint accounts
unless there is prior approval of both parties. Husband and Wife are the
owners of individual bank accounts, retirement accounts, pensions,
employee savings plans and stock bonus plans. Husband and Wife agree
that all accounts and plans shall be the sole and separate property of the
person in whose name they are titled and each party waives any right, title
or interest they may have in the other party's accounts or plans, except as
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indicated below. The parties agree that the S(',,1 ptured Images 40l(k)
account and any payments received from Drea Knoll on a personal loan the
parties made to her shall be Wife'~ M1e and separate property. The parties
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agree that Husband's CIBER 401(k) account and CIBER stock options and
employee stock purchase program account shall be Husband's sole and
separate property. The parties agree to equally divide the total value. as of
October lB, 2000, of Husband's EDS 40l(k) account, EDS personal penSlOn
account (PPA) , and EDS stock certificates, and the parties' Twentieth
Century mutual fund account. The division shall be made in a fashion that
provides Wife with significant cash to use in the purchase of her real estate
and avoids the necessity of preparation of multiple QDROs. The parties
agree that any income taxes owed because of sale of stock or redeeming
these assets shall be paid by the party receiving the funds. Both parties
agree to execute any documents necessary to effectuate this paragraph.
10. PERSONAL PROPERTY. Husband and Wife have accumulated various
tangible personal property including, but without limitation, jewel
clothes, furniture, furnishings, rugs, carpets, household equipment
appliances, pictures, books, works of art and other personal property,;
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parties agree that the items listed in Exhibit "A" shall be Husban9i
and separate property and that the items listed in Exhibit "B" shall be
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Wife's sole and separate property. The parties have divided or will in the
near future divide the balance of their personal property to the satisfaction
of both parties. Each party shall retain as their sole and separate property
their clothing, jewelry and other items of personalty. The parties do hereby
specifically waive, release, renounce and forever abandon whatever claim,
if any, he or she may have with respect to items which shall become the
sole ana separate property of the other.
11. AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall
hereafter own and enjoy, independently of any claim or right of the other,
all items of personal property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes, as though he or she were
unmarried. Further each of the parties waives and relinquishes any right,
title and interest which either may have in such property acquired by the
other party since separation. Should it become necessary for either party
to execute any titles, deeds or similar documents to give effect to this
paragraph, it shall be done immediately upon the request of the other
party.
12. REAL ESTATE. The parties are the owners of a house located at 3712
Lisburn Road, Mechanicsburg, Cumberland CountY, Pennsylvania.
Husband shall retain said real estate as his sole and separate property.
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Simultaneously with signing this Agreement, Wife shall execute a deed
transferring her interest in said real estate to Husband. Husband shall be
solely responsible for the payment of the mortgage, taxes, home owners
insurance and all other expenses associated with said real estate as of the
date Wife moves out of said real estate. Until such time as Wife moves out
of said real estate, the expenses of the real estate shall be paid from the
parties' joint account. Husband agrees to indemnifY and hold Wife
harmless for and against any and all claims arising out of Husband's failure
to make payments as specified in this paragraph. Husband agrees to
remove Wife from liability on the mortgage from Fleet. In order to do such,
Husband has obtained the packet of forms necessary to remove Wife from
liability on the mortgage for said real estate. Husband agrees to complete
the forms and mail said forms to Fleet Mortgage Company, along with the
necessary payment, within five (5) days of the date of this Agreement.
Each party agrees to execute all documents necessary to implement this
paragraph. Husband shall claim the house for tax purposes for 2001 and
subsequent years.
13. MOTOR VEHICLES.
The parties are the owners of two automobiles, a
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boat and trailer, and a motorcycle. The 1994 Dodge Caravan shall be Wife's
sole and separate property. Wife shall be solely responsible for the
payment of any loan on her vehicle. Wife agrees to indemnifY and hold
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Husband harmless for and against any and all claims arising out of Wife's
failure to make payments as specified in this paragraph. The 1990 GMC S-
15 pickup truck, the 1984 SeaRaider boat and motor, the 1979 Tee-Nee
trailer, and the 1998 Triumph Trophy motorcycle shall be Husband's sole
and separate property. Husband shall be solely responsible for the
payment of any loan on his vehicles. Husband agrees to indemnifY and
hold Wife harmless for and against any and all claims arising out of
Husband's failure to make payments as specified in this paragraph.
Husband agrees to transfer the title to the 1994 Dodge Caravan to Wife as
soon as such can be arranged with the lien holder on said vehicle. Each
party agrees to execute all documents necessary to implement this
paragraph.
14. LIFE INSURANCE. The parties are the owners of various life insurance
policies. The life insurance policies shall be the sole and separate property
of the insured. Husband agrees to retain Wife, the parties' children or a
trust for the benefit of the parties' children as the beneficiaries of their life
insurance policies with a face value of Two Hundred Thousand Dollars
($200,000.00) until all of the parties' children are twenty-four (24) years of
age. Further Husband agrees that if the face value of his life insurance
policies does not total Two Hundred Thousand Dollars ($200,000.00), the
l'~fWWlll name the other party, the parties' children, or a trust for the
benefit of the parties' children as the beneficiary of the death benefit of the
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Pi'''ty'€ 401(k), Individual Retirement Account (IRA), other retirement or
pension account, or other assets of the par'ty'S estate to reach a total death
benefit for the parties' children of Two Hundred Thousand Dollars
($200,000.00) until both of the parties' children are twenty-four (24) years of
age.
15. CURRENT LIABILITIES. The parties have accumulated various debt
during the marriage. Wife shall be solely responsible for the payment of
any and all debt that is in her name and for the loan on the 1994 Dodge
Caravan. Husband shall be solely responsible for payment of any and all
debt that is in his name other than the loan on the 1994 Dodge Caravan. If
either party incurs any debt on a credit card titled to both parties after the
date of the parties' separation, the party making the charge shall be solely
responsible for payment of the charge amount and any accumulated
interest. Each party agrees to indemnifY and hold the other party harmless
for and against any and all claims arising out of the party's failure to make
payments as specified.
16. TAX CONSEQUENCES: The parties believe and agree, and have been so
advised by their respective attorneys, if any, that the division of property
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heretofore made in this Agreement is a non-taxable division of property
between co-owners rather than a taxable sale or exchange of such property.
Neither party will take any positions, on his or her federal or state income
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tax returns, with respect to the adjusted basis of the property assigned to
him or her, or with respect to any other issue, which is inconsistent with
the position set forth in this Agreement.
17. TAX RETURNS. The 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 party in connection with the filing of a joint
federal'; state or local income tax return for prior years, the parties shall
equally share any loss or liability in connection with such tax deficiency,
including counsel fees and such tax, interest, penalty or expense
associated therewith, unless and only unless said tax, interest, penalty or
expense is finally determined to be attributable to misrepresentations or
failure to disclose the nature and extent of either party's separate income
onjoint returns, in which case any and all liability, cost or expense shall be
the sole responsibility of the party responsible for the misrepresentation
or failure to disclose the nature and extent of separate income. Further,
-tpe parties agree to file a joint tax return for the year 2000. Husband
agrees to prepare or have prepared the joint tax return for tax year 2000.
The parties agree to split any refund or tax owed with Husband
, receiving/paying seventy-five percent (75%) and Wife receiving/paying
twenty-five percent (25%).
lB. DEPENDENCY EXEMPTIONS. The parties agree that for federal income
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tax purposes, the parties' daughter Katelyn shall be treated as living with
Husband and the parties' son Zachery shall be treated as living with Wife.
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The parties further agree that Husband shall claim the parties' son as a
dependant for federal income tax purposes for so long as he is a dependant.
Wife agrees to execute whatever forms are necessary to give effect to this
paragraph.
19. WAIVER OF PAYMENT OF LEGAL FEES. The parties agree that as long
as there are funds in the joint checking and savings accounts available to
pay the attorney fees and costs of the parties, such shall be done. In the
event there are not sufficient ftmds in the joint accounts to pay the attoney
fees and costs, Wife shall be solely responsible for payment of her legal
fees. and Husband shall be solely responsible for payment of his legal fees.
Each party waives the right to have the other party pay any of their legal
fees or costs.
20. ALIMONY AND ALIMONY PENDENTE LITE. Wife and Husband do
hereby waive, release and give up any rights they may respectfully have
against the other for any alimony, support or maintenance. It shall be,
from the execution of this Agreement, the sole responsibility of each of the
respective parties to sustain themselves without seeking any additional
support from the other party. Husband agrees to continue to provide
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health insurance coverage for Wife until the earlier of entry of the divorce
decree or February 28, 2001.
21. WAIVER OF BENEFICIARY DESIGNATIONS.
Unless otherwise
specifically set forth in this Agreement, each party hereto specifically
waives any and all beneficiary rights and any and all rights as a surviving
spouse in and to any asset, benefit or like program carrying a beneficiary
designation which belongs to the other party under the terms of this
Agreement, including, but not limited to pensions and retirement plans of
any sort or nature, deferred compensation plans, life insurance policies,
annuities, stock accounts, bank accounts, final pay checks or any other
post-death distribution scheme. The parties by the terms of this
Agreement specifically waive the rights of spouse beneficiaries established
by federal or state statute including ERISA. Each party expressly states
that it is his or her intention to revoke by the terms of this Agreement any
beneficiary designations naming the other party which are in effect as of
the date of execution of this Agreement. If the other party continues to be
named as beneficiary and no alternate beneficiary is otherwise designated,
the beneficiary shall be deemed to be the estate of the deceased party. Not
withstanding the foregoing, however, in the event that either party hereto
specifically designates the other party as a beneficiary- after the date of
execution of this Agreement, then this waiver provision shall not bar that
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party from qualifYing as such beneficiary.
22. CHILD CUSTODY. The parties shall share physical and legal custody of
the parties minor children.
A. LEGAL CUSTODY. The parties shall consult together frequently by
telephone or correspondence if personal conference is impractical,
in an effort to mutually agree in regard to the general health and
welfare, education and development of the minor child to the end
that, so far as possible, they may adopt a mutually harmonious policy
in regard to the upbringing of said child. Each parent shall be
entitled to immediate access from the other or from third parties to
records and information pertaining to the minor child including, but
not limited to, medical, dental, health, school and educational
records.
B. GENERAL CUSTODY PROVISIONS. The parties agree that the
raising of their children is an important obligation. Therefore the
parties agree that (1) each party shall maintain a clean, safe, and
loving environment for their children and to provide each of their
children with their own bedroom; (2) neither party shall attempt, or
condone any attempt, directly or indirectly, by any artifice or
subterfuge whatsoever, to estrange the children from the other party,
or to injure or impair the mutual love and affection of the minor
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children; (3) both parties shall, at all times, encourage and foster in
the minor children sincere respect and affection for both parents and
not hamper the natural development of the minor children's love and
respect for the other parent; (4) neither party shall engage in pre-
marital sex in such a way that the children become aware of the
situation such as a party sleeping in the same bed with another adult
of the opposite sex; (5) each party shall keep the other party advised
as to any serious illness or other major developments with respect to
the minor children; (6) each party shall keep the other party advised
of the other party's current residence and business address and
telephone numbers; (7) both parties shall encourage and support
their children's participation in activities, including taking their
children to planned activities; (8) both parties shall be entitled to
speak with the minor children by telephone at reasonable times and
interv:als when the minor children are in the custody or subject to
the control of the other party; (9) neither party- shall move more than
twenty-five (25) miles from the residence of the other parent without
sufficient notice to the other party so that the terms of custody and
support may be renegotiated; (10) neither party shall infringe on
attempts of grandparents or other extended family members to
spend time with minor children or infringe on the minor children's
17
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N~v 03 00 10:42a
Nor-a, F.. B..lair-
(717) 541-1429
p.19
.
.
participation in family activities provided however that the
grandparent or family member desiring to see the minor children
shall bear the cost of such; and (11) both parties shall support formal
education, training, attendance and participation in Christian based
religious activities as the foundation for development of the
children's moral code. The parties agree that if a parent violates the
prohibition established in number 4 above, that parent's periods of
partial physical custody shall be suspended.
C. PHYSICAL CUSTODY. Wife shall have primary physical custody of
the parties' minor children. Husband shall enjoy frequent and
liberal periods of partial physical custody. The parties agree that at
a minimum Husband shall have the minor children on alternating
weekends from Friday evening to Sunday evening and on the
opposite weekends from Friday evening to Saturday evening.
Husband and Wife shall each be entitled to four weeks of
uninterrupted time with the parties' minor children each summer.
Each parent shall notify the other parent at least thirty (30) days
prior to the start of any of their weeks during the summer. The
parties shall share holidays so that each parent has a reasonable
amount of time with their children. The parties agree to share
transportation with the exchanges occurring at the homes of the
rt-
18
11/03/00 FRI 11:31 [TX/RX NO 9815] 1i!I019
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Nov 03 00 10:43a
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(717) 541-1429
p.20
~
parties unless otherwise agreed by the parties. The parties agree
that the terms set forth in this Agreement for physical custody are
to be used by the parties in the event that the parties are unable to
otherwise agree. The parties may choose to agree to any terms for
physical custody that is acceptable to both parties.
23. CHILrrSUPPORT. Husband agrees to pay directly to Wife the sum of
$750.00 per month per child as child support effective on the date that Wife
moves out of the marital residence until the later of the date the child turns
eighteen (18) years of age, the date the child graduates from high school or
the date the child drops out of high school. Further if the child care
expenses or the cost of summer camps exceed $160.00 per month, Husband
shall pay one-half of the cost in excess of $160.00 per month. Husband
shall provide health insurance coverage for the parties' minor children for
so long as it is available to him through his employment at a reasonable
cost. Wife shall be solely responsible for payment- of any co-payment or
deductible for medical services used by the children. In the event there
are non-covered medical, dental or optical services, the parties shall
discuss such expenditures in advance. If the parties jointly agree that
such services are appropriate, the parties shall share-the cost of such
services equally. The parties have agreed that the terms set forth above for
rtL
19
11/03/00 FRI 11:31 [TX/RX NO 9815] ~020
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(717] 541-1429
p.21
.
child support are fair and equitable given the other terms of this
Agreement. Based on the other terms of this Agreement, the parties agree
khat if Wife obtains an increase in the amount of support and because of
,
the additional cost to Husband it is necessary for Husband to sell the
marital residence and the sale results in Husband owing funds at
settlement to satisfY the liens and settlement costs, each of the parties
shall pay one-half of the funds owed at settlement.
24. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that
their marriage is irretrievably broken, that they do not desire marital
counseling, and that a complaint in divorce shall be filed in Cumberland
County. The parties agree to have the divorce decree entered in that case
pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of
19BO, as may be amended (herein referred to as the Code). Accordingly,
both parties agree to execute such stipulations, consents, affidavits, or
other documents and to direct their respective attorneys to forthwith file
such stipulations, consents, affidavits, or other documents as may be
necessary to proceed to obtain a divorce pursuant to said Section 3301(c)
of The Code. Upon request, to the extent permitted by law and the
applicable Rules of Civil Procedure, the named defendant in such divorce
action shall execute any waivers of notice or other waivers necessary to
expedite such divorce.
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20
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11/03/00 FRI 11: 31 [TX/RX NO 9815] IaJ 021
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Nora Fa Blair
1?1?1 541-1429
p.22
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25. WARRANTY AS TO EXISTING OBLIGATIONS. 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 responsible or
liable, except as may be provided for in this Agreement. Each party agrees
to indemnifY and hold the other party harmless for and against any and all
such debts, liabilities or obligations of every kind which may have
heretofore been incurred by them, including those for necessities, except
for the obligations arising out of this Agreement.
26. WARRANTY AS TO FUTURE OBLIGATIONS. Husband and Wife each
covenant, warrant, represent and agree that, with the exception of
obligations set forth in this Agreement, neither of them shall hereafter
incur any liability whatsoever for which the estate of the other may be
liable. Each party shall indemnifY and hold harmless the other party for
and against any and all debts, charges and liabilities incurred by the other
after the execution date of this Agreement, except as may be otherwise
specifically provided for by the terms of this Agreement.
27. WAIVER OR MODIFICATION TO BE IN WRITING. 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.
28. MUTUAL COOPERATION. Each party shall, at any time and from time
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11/03/00 FRIll: 31 [TX/RX NO 9815] ~ 022
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17171 541-1429
p.23
to time hereafter, 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.
29. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be
construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of execution of this
Agreement.
30. AGREEMENT BINDING 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.
31. OTHER DOCUMENTATION. Husband and Wife covenant and agree that
they will forthwith (and within no more than ten (lO) days after demand
therefor) execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be necessary or
desirable for the proper effectuation of this Agreement.
32. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and
effect unless and until terminated under and pursuant to the terms of this
Agreement. The failure of either party to insist upon strict performance of
any of the provisions of this Agreement shall in no way affect the right of
such party hereafter to enforce the same, nor shall the waiver of any
14-
22
11/03/00 FRIll: 31 [TX/RX NO 9815] IaJ 023
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(7171 541-1429
p.24
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default or breach of any provision hereof be construed as a waiver of any
subsequent default or breach of the same or similar nature, nor shall it be
construed as a waiver of strict performance of any other obligations herein.
33. ENFORCEMENT OF AGREEMENT.
If either party breaches any
provision of this Agreement, the other party shall have the right, at his or
her election, to sue for damages for such breach or to require specific
performance. The party breaching this Agreement shall be responsible for
payment of legal fees and costs incurred by the other party in enforcing
their rights under this Agreement or for seeking such other remedies of
relief as may be available to him or her.
34. SEVERABILITY. If any term, condition, clause or prOVISIon of this
Agreement shall be determined or declared to be void or invalid in law or
otherwise, then only that term, condition, clause or provision shall be
stricken from this Agreement and, in all other respects, this Agreement
shall be valid and continue in full force, effect and operation. Likewise, the
failure of any party to meet her or his obligations under anyone or more of
the paragraphs herein, with the exception of the satisfaction of the
conditions precedent, shall, in no way, void or alter the remaining
obligations of the parties.
35. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the
text of the several paragraphs and subparagraphs hereof are inserted solely
ot
23
11/03/00 FRI 11:31 [TX/RX NO 9815] ~024
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1717J 541-1429
p.25
.
for convemence of reference and shall not constitute a part of this
Agreement, nor shall they affect its meaning, construction or effect.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals
SS
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TT D. FROCK
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11/03/00 FRI 11: 31 [TX/RX NO 9815] ~ 025
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PERSONAL PROPERTY TO BE RETAINED BY HUSBAND
1. All furniture built by Husband.
2. Bed in master bedroom including frame, mattress and foundation.
3. Tools in garage, basement and shed.
4. Stereo.
5. Square dining room table and chairs.
-
6. Lazy-boy recliner.
7. Computer and all accessories and supplies.
8. All office furniture including computer desk and file cabinets.
9. 42" Riding lawn mower and attachments (cart, fertilizer, sweeper, snow
thrower).
10. Chainsawand accessories.
l1. Echo gas-powered blower.
12. Patio furniture.
13. Gas grill.
14. Husband's personal clothing and jewelry.
15. Husband's college, technical and professional books.
EXHIBIT "A"
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11/03100 FRI 11: 31 [TX/RX NO 9815] IaI 026
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(7171 541-1429
p.27
.
PERSONAL PROPERTY TO BE RETAINED BY WIFE
1. Dresser in master bedroom.
2. TVNCR in master bedroom
3. Furniture in both children's rooms
4. 32" Television.
5. All games, puzzles, etc.
6. Sofa and end table.
7. Round kitchen table and chairs.
8. Small kitchen appliances, dishes, and cookware as desired.
9. Self-propelled Toro push mower and gas can.
10. Echo gas-powered string line trimmer and edging attachment.
11. Hedge trimmer.
l2. Gardening supplies.
13. Washer.
14. Dryer.
15. Wife's personal clothing and jewelry.
16. Wife's college, technical and professional books.
17. Dickens village.
18. Longaberger baskets.
EXHIBIT "B"
'1
11/03/00 FRI 11: 31 [TX/RX NO 9815) ~ 027
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17171 541-1429
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COMMONWEALTH OF PENNSYLVANIA
:ss.
COUNTY OF DAUPHIN
On this, the 1"" day of JJ (JIl~ ,2000, before me a Notary
Public of the Commonwealth of Pennsylvania personally appeared TRACY J.
FROCK, known to me to be the person whose name is subscribed to the within
Agreement, and acknowledged that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
~~~Ck~
Notary Public
Noladai Seal
Pauline Patti Thomas, Notary Public
Harrisburg, D'!uPhinCounty
My Commission ExpO',!" Mar_ 24, 2003
Member, Pennsylvama A<ssoaration 01 Notanes
11/03/00 FRIll: 31 [TX/RX NO 9815] li!I 028
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COMMONWEALTH OF PENNSYLVANIA
:ss.
COUNTY OF DAUPHIN
On this, the
g~ dayof /lL /oJ
, 2000, before me, a Notary
Public for the Commonwealth of Pennsylvania, personally appeared SCOTT D.
FROCK, known to me to be the person whose name is subscribed to the within
Agreement, and acknowledged that he executed the same for th~poses
therein contained. / /
/
IN WITNESS WHEREOF, I have hereunto
Notarial Seal
Lowe~~r:: Blair, Notary Public
My commis~~nT~~~i~~uti~~ j~~~~~3
11/03/00 FRI 11: 31 [TX/RX NO 9815] IaI 030
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SC<YIT D. FROCK,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-8038 CIVIL TERM
: CIVIL ACTION - DIVORCE
TRACY J. FROCK,
Defendant
PRAECIPE TO TRANSMIT RECORD
UNDER ~ 3301(c) OF THE DIVORCE CODE
To the Prothonotary:
Transmit the record, together with the following information, to the Court for
entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under ~ 3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint:
(a) Date of service: November 17, 2000.
(b) Manner of service: Acceptance of Service
3. Date of execution of the affidavit of consent required by ~ 3301(c) of the
Divorce Code:
(a) By the Plaintiff: February 27,2002
(b) By the Defendant: March 12, 2001
4. Date of execution of Waiver of Notice of Intention to File Praecipe to
Transmit Record:
(a) By the Plaintiff: February 27, 2002
(b) By the Defendant: March 12, 2001
5. Related claims pending: NONE
DATED: March 1, 2002
Nora F. Blair, Esquire
Attorney for Plaintiff
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SCO'IT D. FROCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
; NO. 00 - P'oiJ
Cu~L~~
TRACY J. FROCK,
Defendant
: CIVIL ACTION - DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take prompt action. You are
warned that if you fail to do so, the case may proceed without you and a decree of
divorce or annulment may be entered against you by the Court. Ajudgment may
also be entered against you for any other claim or relief or property or other rights
important toyou, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of marriage
counselors is available in the Office of the Prothonotary, Cumberland County
Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
.
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SCO'IT D. FROCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
: NO. Q-i)- Hoay ~ 'J-'WW'-o
TRACY J. FROCK,
Defendant
: CIVIL ACTION - DIVORCE
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is Scott D. Frock, who resides at 3712 Lisburn Road,
Mechanicsburg, Pennsylvania.
2. Defendant is Tracy J. Frock, who resides at 3712 Lisburn Road,
Mechanicsburg, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents of this
Commonwealth for at least six months immediately previous to the filing of this
Complaint.
4. Plaintiff and Defendant were married on April 8, 1989, in Wood
County, Ohio.
5. The parties have been living separate and apart since on or about
October 18, 2000, a date prior to the filing of this Complaint.
6. There have been no prior actions of divorce or for armulment between
the parties.
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7. Neither of the parties in this action is presently a member of the
Armed Forces on active duty.
8. Plaintiff and Defendant are both citizens of the United States.
9. Plaintiff has been advised of the availability of marriage counseling
and of the right to request the Court to require the parties to participate in such
counseling. Being so advised, Plaintiff waives the right to request that the Court
require the parties to participate in counseling prior to a Divorce Decree being
issued by the Court.
10. Plaintiff avers that this ground on which the action is based is that
the marriage is irretrievably broken.
WHEREFORE, Plaintiff respectfully requests that Your Honorable Court
enter a Decree of Divorce.
DATED: 1I,.. g" [) D
'ully submitted,
~
N ra F. Blair
S reme Court ID 45513
5440 Jonestown Road
Post Office Box 6216
Harrisburg, PA 17112-0216
(717) 541-1428
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VERIFICATION
I verify that the statement made in the foregoing document are true and
correct to the best of my knowledge, information and belief. I understand that the
statements therein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating
to unsworn falsification to authorities.
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SCOTT D. FROCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-8038 CIVIL TERM
TRACY J. FROCK,
Defendant
: CIVIL ACTION - DNORCE
SOCIAL SECURITY NUMBERS FOR THE PARTIES
Ok
1. The Social Security Number for Plaintiff, Scott D. Frock, as provided to me
is 171-46-2677.
2. The Social Security Number for Defendant, Tracy J. Frock, as provided to
me is 269-84-5229.
Respectfully submitted,
Dated: Z' 7. G, --- 0 (
~c~
Nora F. Blair
Supreme Court ID 45513
5440 Jonestown Road
Post Office Box 6216
Harrisburg, PA 17112-0216
(717) 541-1429 Fax
(717) 541-1428
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SCO'IT D. FROCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-8038 CIVIL TERM
TRACY J. FROCK,
Defendant
: CIVIL ACTION - DIVORCE
SOCIAL SECURITY NUMBERS FOR THE PARTIES
1. The Social Security Number for Plaintiff, Scott D. Frock, as provided to me
is 171-46-2677.
2. The Social Security Number for Defendant, Tracy J. Frock, as provided to
me is 269-84-5229.
Respectfully submitted,
Dated: Z - 1. ~ -- 0 {
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Nora F. Blair
Supreme Court ID 45513
5440 Jonestown Road
Post Office Box 6216
Harrisburg, PA 17112-0216
(717) 541-1429 Fax
(717) 541-1428
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SCOTI D. FROCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-8038 CIVIL TERM
TRACY J. FROCK,
Defendant
: CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under section 3301(c) of the Divorce Code was
filed on November 14, 2000 and served on November 17, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the filing of the Complaint and service of the
Complaint on Defendant.
3. I consent to the entry of a final Decree of Divorce after service of
Notice of Intention to Request Entry of Divorce Decree or at any time after the
signing of this Consent if I have also signed a Waiver of Notice of Intention to
Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code.
I verify that the statements made in this Mfidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. H904 relating to unsworn falsification to authorities.
DATED:
/). -;)7-0:1
D
D. FROCK
aintiff
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SCO'IT D. FROCK,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-8038 CIVIL TERM
TRACY J. FROCK,
Defendant
: CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under section 330l(c) of the Divorce Code was
filed on November 14, 2000 and served on November 17, 2000.
2. The maITiage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the filing of the Complaint and service of the
Complaint on Defendant.
3. I consent to the entry of a final Decree of Divorce after service of
Notice of Intention to Request Entry of Divorce Decree or at any time after the
signing of this Consent if I have also signed a Waiver of Notice of Intention to
Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code.
I verify that the statements made in this Mfidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. ~4904 relating to unsworn falsification to authorities.
DATED: j/ /fl-/d.-CfD I
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SCO'IT D. FROCK,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-8038 CIVIL TERM
TRACY J. FROCK,
Defendant
: CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301(c) OF THE DIVORCE CODE
L I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is
granted.
3. I understand that I will not be divorced until a Decree of Divorce 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 Waiver are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. ~4904 relating to unsworn falsification to authorities.
DATED:
TT D. FROCK
'ntiff
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SCOTT D. FROCK,
Plaintiff
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: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-8038 CIVIL TERM
TRACY J. FROCK,
Defendant
: CIVIL ACTION - 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 of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is
granted.
3. I understand that I will not be divorced until a Decree of Divorce 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. H904 relating to unsworn falsification to authorities.
DATED:,jA;;..! cXlJ) 1
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SCOTl' D. FROCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-8038 CIVIL TERM
TRACY J. FROCK,
Defendant
: CIVIL ACTION - DIVORCE
ACCEPTANCE OF SERVICE
I, Tracy J. Frock, am the Defendant in the above-captioned divorce matter.
I have accepted service of the Complaint in Divorce as of this the J!1 day of
JIo W/J1:he.r
,2000.
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SCO'IT D. FROCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
~ NO. 00 - f'oJp Go; [ ~
: CIVIL ACTION - DIVORCE
v.
TRACY J. FROCK,
Defendant
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as attorney for the Plaintiff in the above-
captioned case.
Respectfully submitted,
DATED: II-f-c)o
o F. Blair
Supreme Court ID 45513
5440 Jonestown Road
Post Office Box 6216
Harrisburg, PA 17112-0216
(717) 541-1429 (fax)
(717)541-1428
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