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HomeMy WebLinkAbout01-2711 FX .~~ i " ,',- " , k I '-4"""~C '." ~<> '," \.. .,~,'- i:,; ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . ~ ~ . ~ ~ ~ . . ~ ~ ~ . . ~ ~ . ~ ~ ~ ~ .~ . . . . . . :+: :+: :+: :+: :+: ;t; ;t;;+; ;+; . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Jeffrey R. Franks No. . Civil Term . . . . . . . . . . . 01-2711 VERSUS Lana Mae Franks DECREE IN DIVORCE AND NOW, D~ o::t /{: ~f' A.~ . 1'1 , 7.001 ,IT IS ORDERED AND DECREED THAT .Tt:loffrt:loy R Fr.1nk~ , PLAINTIFF, AND Lana Ma", Franks , 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 YE:T BEEN ENTERED; NQRQ PROTHONOTARY By TH . . . . . . . ;t;:f. :f.:f.ff. . .. . J. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~ ~~~ ~'G~ - ~"'"' _, _~"" " - ~"' ___ ill nu . ii' , M /)y-,;)3-?J/ U ~ .-u:~ ;V /CJ0l3~1 71'~ ~:2 (9- >.[). .","" " "...,....-...y.~ "". ,.....' _~ _ ,'W/;",Y(""''?f1'""""""",=",!",,,JW:'~~lJ:~ "c" .~..'" .< ,_,"'~' -'_',i"-,".~~ " " 1 ",'!!!ll.. --" ,,'> . ~,;,' ,', ':'T " 1,_"",""; "',["""",",-;,-",,,,,,:, ,lj',~j,.~2J"" . ( Jeffrey R Franks, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- .;171/ CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE v. Lana Mae Franks, Defendant 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 will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, inCluding custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 I Ii II ,. , Jeffrey R. Franks, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- :l 7/1 CIVIL TERM Lana Mae Franks, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Jeffrey R. Franks, an adult individual, currently residing at 6 Woodview Drive, Cumberland County, Pennsylvania. F~f.\A?/(s; 2. Defendant is Lana Mae vvnitcomb, an adult individual, currently residing at 1932A Frye Loop Avenue, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on May 21, 1988 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since February 2001 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. !l " ',',~" I,'~ .'~~", "'0, '~';;..' -',~>",,,- '"A"'"", 0' '. '"--b, 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Respectfully Submitted TURO LAW OFFICES _>t~/ Date ~A R6n Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff !In " "- ~ ' ,'" ,; - "' ",~ - ," ~',;--, ,.' ,~;;' '<",' ""-, , '.-.-, ~ l ji . VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and rrect. I understand that false statements herein made are subject to the penalties of a.C.S. ~4904 relating to unsworn falsification to authorities. 5-c)', ~D6\ Date 02~~ II ~bii! '_~is1~~~~it!l~I!!IA\~"jj<,J'~;-"'~T!illti'iill.....~.t\!.'M,"t!.Jg!\Mg c,/ ~t,.{} Li\ , ~ "<:::, -.. ~ :-\ \;l\ t ~, ~ '" t -< ~ t tl ,.( '" i: ~ 'S ! ~ ~ ~ " i ~- '- ~:: . I) r , " ;~:~~L~,..!. ;C":,;;,~"W~,;X,<,,,. ~""""L,.X,trl~, ,"",W,~'~,"",': ,_, '" c~__ '~h_'o"'-"? "",,l ',' ',,; ",",". ,~,__ ,,_ ,0,' " ......... ...... ....... fu -'1ll'C,f-L 1'l-'oilil!l4 '''''-1 ~-< .~''''(' ",,',;,- ~'"'- "". -",~~ ~---'-' ',~ <. ~"-'-' jj ~ ~' ~ ~ ~ B If"'. , Q,;:t; ?= ~ gt '--<- ~ ~ h .f,) 8 (y _n (") ~ .e.~ -oCt) iTlrT'l 2:0:' zr'- ("":d~- ;:::; ;,.f~. 1,_"..-", ::0,- 2:)-=< -.-. '-~' ...---c 2 -:.! c.) () 'T: :1!: ;::" \~JfG c,'._, ::tJ -' ,--:.-; ;,.,J,-,..,'",.. ':-'::. '~."~ ()' " -" )> -.., .< ! r"" ..~ -a -;i' f'o..) ~ '-' lti} ,~' . "j ,~- '~', ';i' -:'0>; ",_- . ,~ '" ,'~,-" ' ,,~ :" ,j,,-,-, ,'. J; c, Jeffrey R. Franks, Plaintiff PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, v. : NO. 01- J 7/ / CIVIL TERM Lana Mae Franks, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under ~3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Complaint filed by personal service on May 9, 2001. An Acceptance of Service signed by Defendant, Lana Mae Franks, is filed of record. 3. Date of execution of the Affidavit of Consent required by ~3301 (c) of the Divorce Code. By Plaintiff: October 1, 2001 By Defendant: September 21, 2001 4. Related claims pending: None. 5. Date the Waiver of Notice in ~3301(c) divorce was filed with the Prothonotary: By Plaintiff: October 1, 2001 By Defendant: September 25, 2001 on Turo, Esquire Attorney for Plaintiff II ~d~~ii'ililt,;iKir:;ff&~\l.;l.lii-"N~'W!ll""i..iM;~~N':M>l~,,~...i~~',~~'i>!i~lB!t~""'","' '~~""'~lI1IJU{-t<w JJi!,~Jilj!ji[~"" ('\~- -4~ "-'; t-' i.;7p it "-'-"", ,\'; "b), ";'";c,;:,J",.~~,U~,lk";,J~,, "'~' ~~~."",,,, - ,,,,,,.,j;p,,,,~ ('" i" ~, ;"I,_' '~,"'c,'- .._',__, . "__~ ,~ , ,~,-,~' -- -OIiJiil{ -i "0" ~r; 65"~ ~O ~ ~ '~. "., '" . "'",,., ,,",,,,",", - ". "~I o o n -I '~IO ,"j 7.? FA';::' ::':~,p:J or ,.,0 ''''--;-:i all ZO om ?ii -< U'J .." :J:: w ....: ~ .' "- ~ . ~~ , ,I ~ '.~ ,', ',' ~ ~j JEFFREY R. FRANKS, Petitioners : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW No. 01-2711 CIVIL LANA MAE FRANKS, a/k/ a Lana Whitcomb, Respondent IN CUSTODY .jl:}ER OF COURT AND NOW; this ~ day of November, 2002, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby Ordered and Decreed that the attached agreement is made an Order of Court. ~ Date: November.2' ,2002 By the Court: Edward E. Guido, J. Distribution: II qlv,", ABOM & KUTULAKIS, L.L.P. p~d('O r (j Lana Mae Franks (Whitcomb) 8 South Hanover Street, Suite 204 P. O. Box 431 Carlisle, PA 17013 Boiling Springs, PA 17007 /Vlctll d 11- U-tfA I =.~" ~ ~, .~~ ~~-- . ~'''''',' JEFFREY R. FRANKS, Petitioner .IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW No. 01-2711 CIVIL LANA MAE FRANKS, a/k/a Lana Whitcomb, Respondent IN CUSTODY PETITION FOR SPECIAL RELIEF. PURSUANT TO 42 Pa.C.S.A. &1915.13 1. Petitioner resides at 6 Woodview Drive, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Respondent, an adult, is believed to reside at either: a.) 102 Third Street, Boiling Springs, Cumberland County, Pennsylvania, with Doris Whitcomb (maternal grandmother); -or b). 620 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, with Tammy Erb. 3. Petitioner and Respondent were married on May 21, 1988. 4. Petitioner and Respondent separated in February 2001. 5. Petitioner filed a Divorce Complaint on May 4, 2001. 6. Petitioner and Respondent were divorced on October 19, 2001. 7. Petitioner and Respondent are the parents of two children: a.) Briana Marie Franks, date of birth December 9, 1990. She is currently twelve (12) years old. _.......~ ~~ ~, . ~'" '~'''',IW'}V b.) Amber Rae Franks, date of birth May 26, 1993. She is currently nine (9) years old. 8. Amber Rae Franks is a highly functioning autistic child who requires a fairly rigid schedule to maintain functioning level. 9. On March 29, 2002, the Petitioner and Respondent fully executed a Stipulation and Agreement providing joint legal custody to both parties and primary physical custody with Petitioner. 10. On April 17, 2002, This Honorable Court entered an Order of Court adopting the Stipulation and Agreement as a custody Order. Attached hereto as Exhibit A. 11. On or about September 3, 2002, during a counseling session, Briana Franks disclosed that on or about August or September 2001, Tammy Erb, Respondent/Mother's paramour, took a shower with Amber Franks. 12. Petitioner expressed to Respondent his concerns regarding the showering incident as well as his concerns for the safety and welfare of their children. 13. On or about Sunday, November 17, 2002, Amber told Petitioner that Tammy Erb slept with Amber in the same bed on Friday, November 15, ,2002. 14. It is believed and therefore averred that Respondent slept in her own bed. 15. On November 16, 2002, Respondent called Petitioner requesting his assistance to help her move from Tammy Erb's home at 620 North Hanover Street, Carlisle, Pennsylvania. 16. Despite Petitioner's conversations with Respondent regarding his repeated concerns of the safety and welfare of the subject minor children, Respondent left Amber in Tammy Erb's care on November 16, 2002. ,_M_. .~ . ~ l ~ I '~...,,.,, 17. .Petitioner informed Respondent that he was able and willing to take Amber into his care for the evening and to return her the following day. 18. Respondent refused Petitioner's offer and insisted that Petitioner must follow the current custody Order. 19. It is believed and therefore averred that also in Tammy Erb's care was another nine (9) year-old, Lauren McCarthy. a. Lauren McCarthy's mother is Leigh Stoey, who resides at 5 Valley Street, Newville, Cumberland County, Pennsylvania. b. Lauren McCarthy's father's first name is unknown; however it is believed and therefore averred that he resides in Florida. c. It is believed and therefore averred that Lauren McCarthy 1S frequently left in the care of Tammy Erb and Respondent. 20. Respondent was instructed by Petitioner to pick up Amber by 9:30 p.m. on November 16, 2002. 21. Respondent was to take Amber to the maternal grandmother's home for the night. 22. It is believed and therefore averred that Tammy Erb took Amber Franks , and Lauren McCarthy to midnight bowling at the Midway Bowling Alley. 23. Respondent informed Petitioner that on November 16, 2002, Tammy Erb had Amber Franks and Lauren McCarthy sleep in the same bed together. 24. Amber disclosed that while in bed together on November 16 and 17, 2002: a. Lauren kissed Amber on her lips, requested Amber to kiss her chest, and requested Amber to kiss her groin area. ~~ " ~L 'il!ll."'~t b. Lauren was naked and, although Amber was clothed, Lauren kissed Amber's groin area. c. Lauren put her hand on Amber's grom area and rubbed her genitalia. 25. Amber told Petitioner that Respondent and Tammy Erb told Amber not to tell Petitioner that they slept together because he would get mad. 26. Amber told Petitioner that Tammy Erb told Amber not to tell Petitioner when they do "bad things." 27. Respondent is scheduled to have visitation with the parties two subject minor children tonight, November 21,2002, for three (3) hours. 28. Respondent is scheduled to have her weekend visitation with the parties two subject minor children the weekend of November 29, 2002. 29. It is believed and therefore' averred that Respondent has repeatedly exposed the subject minor children to harm and sexual abuse and exploitation. 30. It is believed and therefore averred that Respondent is incapable of ensuring the safety and well being of the two subject minor children. 31. It is believed and therefore averred that it is in the best interests of the children to have supervised visitations with the Respondent. 32. Maternal grandmother, Doris Whitcomb, is willing to supervIse all visitation with Respondent and the subject minor children. 33. Petitioner and maternal grandmother have great relationship despite the parties divorce and c~stody disputes. ' ".,,,,,,.1"-"'~'~o'1.~ ,~ " t_" "~".~ .~'''''''''''" WlffiREFORE, the Plaintiff prays that This Honorable Court grant him sole legal custody and primary physical custody of Briana Marie Franks and Amber Rae Franks. Plaintiff further requests that the current visitation schedule be maintained, however, to compel the periods of visitation to be supervised by Doris Whitcomb or other adult as the parties may agree. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Date: November 21,2002 Jas P. Kutulakis, Esquire Attorney J.D. No.: 80411 Kara W. Haggerty, Eire Attorney J.D. No.: 86914 ,Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorneys for Plaintiff -,..... "","~.h ~ ~,'" ': i" ~~ "" i,; ',,' '"",' B ~lIk." . . EXHIBIT A -""'I-r . ~ L , . ~"'" -~ - .--l l'~ .--""-" ,~ ~'~.""~~,> l,) 1 APR.! 5 2602 ~ HAROLD S. IRWIN. III. ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 1,7013 (717) 243-6090 ATTORNEY FOR PLAINTIFF .JEFFREY R. FRANKS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 01 . 2711 CIVIL TERM LANA MAE FRIlNKS, Defendant . . = IN CUSTODY ORDER OF COURT AND NOW, this \'1 ~ day of ~, 200:2, upon presentation and consideration of the attached stipulation and agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT. ;-< ,'.. '-- - TF.M;JE,COpv FAOM RECORD It! T~ Wher~,1 her. unto set my /land Md" tbe, seal of sa, ~~". 8! Carlisle, Pa. ~~ ~- '_. ~, ,~~ not!lry ,~,~,.~-- .-. - . ~" , ~...: . I <. . ~ -"~ r __"'.""~_ "~ .JEFFREY R. FRANKS, Plaintiff : IN THE COURT ,OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 01 .2711 CIVIL TERM LANA MAE FRANKS, Defendant : IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this 'Zl?. day of March, 2002, by and between JEFFREY R. FRANKS (hereinafter referred to as "Father") and LANA MAE FRANKS (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: , . WHEREAS, the, parties are the natural parents of two minor children, namely Briana Marie Franks (age 10, born December 9, 1990) and Amber Rae Franks (age 8, born May 26,1993); and WHEREAS, the parties wish to enter into an agreement modifying their previous agreement relative to the custody and partial custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have joint legal custody of the children, which Shall include, but hot be limited to the mutual sharing of information and decisions with regard to medical care, education and religious instruction. ~'" ',~ ".. "=< "- '.' ~-...! ~ .. ~~ ....."...-,.,-",., " . ': 2. The parties shall also have shared physical custody of the children as follows: A. The Mother shall have the children on every other weekend from Friday at 5:00 p.m. until Sunday at 6:00 p.m., on the Thursday immediately following that weekend from 5:00 p.m. until 8:00 p.m. and on the Tuesday immediately preceding that weekend from 5:00 p.m. until 8:00 p.m. B. The Father shall have the children at all other times, unless otherwise mutually agreed. C. The parties shall share physical custody of the children on holidays and on the children's birthdays. D. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. E. Both parties shall have the children for whatever vacation time the parties have throughout the year provided the party wishing to exercise vacation physical custody notifies the other parent at least two weeks prior to the starting date for such physical custody. Whenever either parent takes the children away from their respective primary residences on vacation, they shall provide a means for the other parent to contact them in an emergency. F. The parties shall exchange custody at an agreed upon mid-point between their residences. 3. Neither parent shall request the payment of child support from the other parent during the period this agreement is in effect. The parties shall share income tax exemptions for the children, each taking one Child as an exemption each year until the _. __.ill! -->--~-~ - "' k " " ~ ...... -, , '~ ." i-~W,,< ,; ;l ., ' " . first child can no longer be Glaimed. When the parties have only one dependent remaining, they shall alternate years, one party taking the exemption on odd years and one party taking the exemption on even years, beginning with the Mother. , ' 4. Both parties agree that each party shall have reasonable telephone contact with the children while the children are in the other party's custody and that the children will be permitted to call the noncustodial parent as desired while they are in the custody of the other parent. 5. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall, further take any necessary steps to ensure that the health, welfare and well being of the children is protected. 6. The parties shall do nothing that may estrange the children from the other parent or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or affection for the other parent. 8. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 9. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. ,..j<<J...,." " ..._ "'~io"~ - "' ""-'- ~~i '\" '" ., " , IN WITNESS WHEREOF, the parties hereto, ,intending to be legally bound by the terms hereof. set forth their hands and seals the day and year herein set forth. WITNESSETH: /t~ f ( Dale:d rj,J-:;~= ~~~. (SEAL) J FREY R. RANKS . I Date: ~fz..- CJ..tJu ~1J'~;'J'~d/ LANA MAE FRANKS (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND r On this, the~ day of March, 2002, before me, the undersigned officer, personally appeared JEFFREY R. FRANKS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. :SS: IN WITNESS WHEREOF, I hereunto set my hand and official seal. , Notary (SEAL) Notarial Seal . Robert J. Mulderig. Notary Public CarliSle BOlO, Cumberland County My Commission expires Nov. 13. 2004 COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the '"'Z-'i:}tday of March, 2002, before me, the undersigned officer, personally appeared LANA MAE FRANKS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto l'le (SEAL) --- '" 1-1 ~~ f,~ , "~ , . ,- -~ --"-'~ih JEFFREY R. FRANKS,: IN THE COURT OF COMMON PLEAS OF Petitioners : CUMBERLAND COUNTY,PENNSYL VANIA V. : CIVIL ACTION - LAW No. 01-2711 CIVIL LANA MAE FRANKS, a/k/ a Lana Whitcomb, Respondent IN CUSTODY VERIFICATION I, Jeffrey R. Franks, verifY that the foregoing Petition for Special Relief is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities. Date: November 21,2002 ~~jAA~_ Je trey R. ranks ,I ;,~.;o;,OIIW;i.~-"" c - ',,", " l>1I"l"-- :~ CERTIFICATE OF SERVICE AND NOW, this 21st day of November, 2002, we, the undersigned counsel, of ABOM & KUTULAKIS, L.L.P. hereby certify that we did serve a true and correct copy of the foregoing PETITION FOR SPECIAL RELIEF upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Bv First-Class Mail: Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Lana Mae Franks 102 1bird Street Boiling Springs, P A 17007 Lana Mae Franks 620 North Hanover Street Carlisle P A 17013 Kara W. Haggerty Attorneys for Petitioner ~_~~~,~~_i-I.1lillW'1!JiMl\!~U;~"""'MM'UUf.!'i;t!i-~Ji.~~;g;"'!;;'@1Mlfr~~"~'M~' iWlUiiI!ll ~ r(f ~""'~{i:~~~"~Jj,_.!].J,"':'H,"Jr !]1,.",,,,,, JL _o~=" "_'",' ,! >r-'", ,'_'~'''' ,^'_'," _, "'.,""" .",,-,._ ".. ~ ~ ,~"',"'h h' ~ ~, tl!l!'~-~ .k- p ~ ID c;".. 'l-.> .----c:, j~l^ ,~ ,. ,k, ~ (') ~.~ ui::' ;2~~-, (-;,:, o () ~ ~ -< 'b ~ '" ,s i_." "- .~" ~-+'" ""'-O! """, '...> n :'C, t'..) ~1~ ',) n ,~J , _,CT\ -::'0 ;g , v :,~) ,.'; ;::1'1 ....:! 5;: =:; -<. H) III ,~ , J_ ~, ._ I - w' - ~ ~_ "' J',. _ _ ~~, JEFFREY R. FRANKS, Petitioners : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CML ACTION - LAW No. 01.2711 CML LANA MAE FRANKS, a/k/ a Lana Whitcomb, Respondent IN CUSTODY ORDER OF COURT AND NO~ upon consideration of the attached Petition for Special Relief, the Petition is hereby GRANTED. Itio RBl!!!h) JL~~tu1 ti,alJ-J[u;y .1\.. l'1alik, ,h>1tl . itntUo,.-fuu.LJ,y ldk\..1...5dl uud p~H(llY \..uCltvdJ 'J[ fllt otttijg~+ --'1..,,..,... rh11.-14"o~. ' It is ..i.:ari'd Ordered and Decreed that Respondent, Lana Mae Franks, shall have supervised visitation with the subject minor children at times consistent with the Order of Court dated April 17 , 2002. Said supervised visitations shall occur with the maternal grandmother, Doris Whitcomb or with other appropriate individuals as the II....; 1'^'~~ to Ia~-- J1~ ~7 parties may mutually agree. I<f )01>'). c.:t (I:}O A.I'!. Date: November.?).. , 2002 f!. f!)~- 1/. J..f). -0 d- ~~r- ft~Q~;S Lo..f\o... '~e. frMKs Xc;;. Edward E. Guido, ]. 'Wl'~~_:il!Mi,iSl!l;!li.tim"l~'::=<i!~~~~~i;'\~_Ii.'~'-'ll"-,'$W'*L~""Ifr'~wi~~b ~ co ~ Ln ~ ::J .", tJj~) Oz 90 :1:: (,J <C U-_'!- ,,'" ;.:t?3 '.1--4..,. C?\';) ."-1 4fj; taB: N ~:JZ dt.u :> rEm l..L-"I". Cl roo.. F: :z: ~ lL.. N ::J 0 0 <.) . 'is--_,~.,l~J,,..J~~~.L~~)[!IU11_.-,,,,,,~~,,",,,,=,,,",,~,,~,,,,'\''''''=' _"'_~"" _ ~ . .,,> ~.._', ,_,,", _'"'~.,,,",T _ ~'5"~ ".' , ~I ~~"l ~'> ~ ~~- ' II'.... -, iiilliil.llliiil:i1i '';'~Iij .'.'.' m -.'~".< " - , , 1-- ,>, ,_...... r ,_,_ Jeffrey R. Franks, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2711 CIVIL TERM Lana Mae Franks, Defendant : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SE...RVICE I, Lana Mae Franks, the Defendant in the above referenced Divorce action, hereby certify that I received a copy of the Divorce Complaint by personal service on the q dayof ~ ,2001. sf q-! ~ ( Date ~ f)iuu ;:; AVv1 J/l / Lana Mae Franks (~~dm:rM\~~1l~~M~~0fli~1t~JMgmffii~ik~"''W~iO;~!&'W".,wu:iMiM.'''Jl,*$''~~\O~,!;,{,.X),#,,i0l,;f;;l~~Myji4:!lrl!.ij;:;;~ii1I'lil.idliil[jMl ~ .)JIO~ - _' l.~,:]!LJn _, ~^ ,~,"'''''''' __""~i~"'"_' "'-,,' "m~,::r.> .-, "', ,?Y ",~ . ."~,~",<~',, _ ~ _" M _' ,~" .~ ~ , ~ , ~ l..i~Ji!!.N':Ja""IBM~~I'a IJ ~ilI" ~, , .' 0 0 c ;-;:: :JJ:: '"t; 0:] ;T-;t; ~- m rT"L -"- Z ::1.1 Z (FJ , (i, -< r:::{::::; :;""!!l< -- :2(> -">~ ",'-Cl en ,:~:'j PC: ~ (,n :r;! j:J CJ -< ~,- ~~~"', " ~ -~ -: ~.. " . -~, ," , , ",---~.". --,.;" '. ,_ -" cO," ";_~ Jeffrey R. Franks, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- 2771 v. Lana Mae Franks, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on May 4, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. /0-61- 20::;1 Date ~~~. II i&~~.illilf,mlljlb\'lhw,!liI~ll';i:",~~..,J:id!?t~,~lI...~~li,-;;j;-l!i?MW:"dgj:~!ll.;i';*r~i"dWIm-)t' i!lU~lLliji!(Qll" ~ ) ~ ~~)!jUC,..,,~~,.~~~~~~~~~_ ,_.",,'_"'"'-.. _ ,"'_",.. _',e"",", '._ '.'.~,~, ,.~, '_ .",,""., ' ,~,,,,,- 11' ~c~ i~:.~ ["""'" ~ .., ";;..~""',= (') ~ ....off I~f~~':!:':i ~'2 ~p;c 52:~ .'::>1' ~~:.:~ ~< 11li. . C:J c '" ...! ;:::> r.> ,-; I r"-,) .'T.J :'],: t,,_"l ;,,, C::i ~ 1;1lii15l"'" ~"-",,~~- , - ~ .. ,- ,~ '-,,, ,.,'.': -~~, ' ';'~"..lf'_ --,,,,. ''lI!lI,liiIBilliim Jeffrey R. Franks, Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- 2711 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE Lana Mae Franks, Defendant WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (~ OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ID-D\-1M, Date ~~~~Jl, Je rey R. Fr ' ks II OiL ! 'f*~jlMMi@l_~~iHiit~~"'ll~,~~im~,IHiiJM~~]'" iHWiilJ~ 'fI ~~ ",; ~':'Y'",~";I~,1W,-~,, 0 .". "_,J~.',.U;,)i.".Jr,[~;(,HL:~,, ,~_ .,-"4'![~,,"L",,, ";"'.4""~, _8,,'. ".,",'7~-' ',~". ,''''>c' , 0.' v' >1Ib, ~ ,...,. M!l~HI' IIi.l1tbA'.ilii , 1'1 . 0 "" ,:. C <" a -[1 (:-1.: n n, fi , '-,I Z :; Z S 1 ~!,J r<~ '-,"'- r:: CJ . ::'> ::;:2 ;2.: C 5:;: 0 Lv -, C . j :~~ -:'-0 - .,-,~ :.0 --< c:' -< - Jq "' ^ ^, ;'~ " J ^,', .. ," J. r. - ,.' ~ ''''.- "W.'",,,--"_" ''''..'''_-'<.--E''"r.,J'."_'' ;)~ .JEFFItEY R. FRANKS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01. 2711 CIVIL TERM LANA MAE FRANKS, Defendant CIVIL ACTION - DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about May 4, 2001 and served upon defendant on or about May 7, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. September l) , 2001 ~~F~ LANA MAE FRANKS ili1liilfl~' -"',~ c~.UJL :L f! '1 n 'l!HJ_:'.. ~-"~""\i!l.jl!!i;~1lS:ll~ c, :"""r.J" '~"" ~c,'" - ~ ~., ^, ., ~'_ ,. _O~~ >_ ,~..> " . ". ~'.~' " 0 ,~ >;l 0 s: (/') ""t}.-.-.. r"rJ 'd.-J 1'1'1,',' -'0 z';:b " N n-: ZS: if, ;'''') 0-'" 1. -..L, l,~) r;::o -c -.':0;: -:~ j;: :::;::;: ZC:.I rffA -.0 )>0 ...{ ~ c- :;::;: ~ 5:> - -< ~ ~. .'.rl _' .<" , _" .1,'. - ~;>' ,:d,"~L","- <",..;;~," ''-''",-,''.r''" ' I'...-'~ . .JEFFREY R. FRANKS, Plaintiff IN THE COURT OF COMMON PLEAS OF = CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01. 2711 CIVIL TERM LANA MAE FRANKS, Defendant CIVIL ACTION. DIVORCE WAIVER OF, NOTICE OF INTENTION TO REQlU:ST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 ~ OF TH_E DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. i understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. September Zl , 2001 /lw /JW- f~ LANA MAE FRANKS ~~~'(_l~Cij~Iiiil~~~i~,...;."..''':'~.o._''-~'<.Y-i7""'''~''';'=i "L]Ulf 'r lUlf!~ _ ~.."~~ '~>n ,~ ., ,~, ~. ~P.."~'- .." =".~, ., ".~..,"-l"' ".- ..~ ''''',~"'' H _, () C :?" uf:~ mr:~i Z.::r" ZC ~;:?' \2C "'0-, ~8 ~ . t o (/) 1'-"1 V ..-; N U1 '-',(--) v ~;;.~ --..... ~:? ""J :< l'"" .::- .JEFFREY R. FRANKS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01.2711 CIVIL TERM LANA MAE FRANKS, Defendant : CIVIL ACTION. DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. September tL, 2001 k~ f'AWvv LANA MAE FRANKS ~''''''-''''''>A''~'~iRIIiillli_~l '(5 ~ '. ~~~~~~Il' .k.'W ,.",- ".~'rn'''''''''"''""k''''' :'k'tibfi(~ :'~!'~~'f,:,"1-~(.~_:t~.!t,.mX~~~~""lb);4!l,,;,((:,.~~3,:,!;~~;_,A0-M'f,;,;,&LJ".":~t,,,;.~)I~-~~"~trr.~,,,,,, ,,_, N,"'.',~ ^^,'~< ^. ~ ';w . ,~:,.' o~", _""',~ '<, .,0, ? 0 c;;) Cl C -'n 5: Cf) -~j -oc;: Pl ~ lilr;-c ."0 ,,^ Z"': , ZC ~ r---;--, C9d;:~ (.J"1 c ;=:.-: ~" :<:C.I -0 :.!:-:.....,., >'0 ~ ;,:"~() Z.-} >'-~ "fTi c ........-. 2: :;1 '" =<! "" :u .j..- .-< r .. JUt 2 32001tf7 H,AROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-$090 ATTORNEY FOR PLAINTIFF .JEFFREY R. FRANKS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 01 . 2711 CIVIL TERM LANA MAE FRANKS, Defendant : iN CUSTODY ORDER OF COURT AND NOW, thisJ,L}\ day of ::r ~ ,2001, upon presentation and consideration of the attached stipulation and agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. J. L. ,~ 7-;U-o/ ;jj ~ id~' ~"r"" '1";"'''''''''''';;'''' =' '"i ,.j ~-, --,;0- s (~) ',.;,:"'0 J.-~,:,: ,;-1" ~llLJ,";';,J~,Mt~~,,"-.::;Pr.1j~; .JIc,.!.J,,-,>,,~;,,. >,:"."S,;,-",..~.' '*, ~' -~ """," : ' -,1~ ,- ",- ,,' '"," ,~~' .' -'_"h ''',,,",,,,," '--''''''''~,~^~ ,'-' , .. ~ ,$ ".. . - -~" ".- o,,'~~, '''.-...,,'< "~-~.'~'" '--"'"'",o...,o-"_,,,,__,>..,~ '~, ~i""''''.._' """'_C'<""';~'X"".",''--' ~>"" "'.~ '€ 4 .JEFFREY R. FRANKS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ej . , , " v. : CIVIL ACTION - LAW = NO. 01 . 2711 CIVIL TERM LANA MAE FRANKS, Defendant : IN CUSTODY STIPULATION AND AG,REEM'ENT THIS STIPULATION AND AGREEMENT entered into this ~fU day of July, 2001, by and between JEFFREY R. FRANKS (hereinafter referred to as "Father") and LANA MAE FRANKS (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the parties are the natural parents of two minor children, namely Briana Marie Franks (age 10, born December 9, 1990) and Amber Rae Franks (age 8, born May 26, 1993); and WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the children. NOW, THEREFORE, irt consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have joint legal custody of the children, which shall include, but not be limited to the mutual sharing of information and decisions with regard to medical care, education and religious instruction. - " ~ u ,..... _ h" ~~..~ _" ".~. _ii',,"'" "';_'w_"~'''; ,,,,,~, ",.,,,,<,=,,~-,., "_"~';""_ ... 2. The parties shall also have shared physical custody of the children as follows: A. The Mother shall have the children on every Monday and Wednesday, from 5:00 p.m. until 9:30 p.m. and on every Friday, from 5:00 p.m. through Saturday at 6:00 p.m. B. The Father shall have the children at all other times, unless otherwise mutually agreed. C. The parties shall share physical custody of the children on holidays and on the children's birthdays. D. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. E. Both parties shall have the children for whatever vacation time the parties have throughout the year provided the party wishing to exercise vacation physical custody notifies the other parent at least two weeks prior to the starting date for such physical custody. Whenever either parent takes the children away from their respective primary residences on vacation, they shall provide a means for the other parent to contact them in an emergency. 3. Neither parent shall request the payment of child support from the other parent during the period this agreement is in effect. 4. Both parties agree that each party shall have reasonable telephone contact with the children while the children are in the other party's custody and that the children will be permitted to call the noncustodial parent as desired while they are in the custody of the other parent. 5. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to ensure that the health, welfare and well being of the children is protected. ~ ,~ ~'" ." ~< -,,~ <" ~'..'-'-" ..'- ''- -,~,,' .~'. " ';C~" ""'~-~'''-'''''''o'~ p-, -- ", - , '" '"""", """', -".." ~' .' ',~,,; : ,. :,~ 6. The parties shall do nothing that may estrange the children from the other parent or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or affection for the other parent. i),; 7. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. ,i ~ -1 ) 8. The parties agree that in making this agreementthere has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. I :~ if 9. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. Date, I+J", \ ~ rZ ;A,~ (SEAL) J F R RANKS ~~[L".>.,Q Date' ~ /, z 101 f 1!!,:M1 /JUO ;;'?"~EAL) 1.f1-4J L NA MAE FRANKS' . "'~~ '~'- ~~ '~."'~ '_'" ~-""'-'"-;.,:'"'_-O__'''',_'''"'',"l'_~'__' ="."'>'~"", =,-",-,,,,--,-,,,,,"0,_ ~ . COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the t-;J:day of July, 2001, before me, the undersigned officer, personally appeared JEFFREY R. FRANKS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~IIM~ (SEAL) Notary P Iic ' Notarial Seal Illlb&ff J, Mulderlll, Notary Public Cl=a11l ~ Cumllel18nd County ~ _. fIImlMion &ltpM Nov. 13, 2004 COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the (;;) day of July, 2001, before me, the undersigned officer, personally appeared LANA MAE FRANKS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereu 0 set my hand and official seal. (SEAL) NOTARIAL SEAL DAWN M. SHUGHART, Notary Public Oarlisle. Cumberland County My Commission Expires Nov. 28, 2002 ~'-'>--"'1WIl'_ '--~(1ili.iii'~~~r~-"~ ''''>'':'-'-'"~ u' ~ "e!'r":;;:",,,";,",~lR~c _'~',' l ~, <"__ ,,~_'.'-, ~ ',,",,,_, ,',_!-- '.,-'r ,,~,-',\-, ",~' ~-"~~"",""',' .p- '-",,"", ",,- li- " '-,,'," "i' ~ , <" .c'_ -,- ..' -'~ "~ . co ~=-~-:: , ' c:' ',,"1 t:-: . w ~ ....:....' ," . #. '~ HAROLD S. IRWIN, III, I;SQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF ~- - > 1 , I ,~ ,,' '" ,~ -".', ", ~ ';"'c .:"'.,~ '. .JEFFREY R. FRANKS, Plaintiff v. LANA MAE FRANKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 01 . 2711 CIVIL TERM : IN DIVORCE NOTICE OF INTENTION TO RETAKE AND USE PRIOR NAME I, LANA MAE FRANKS hereby give notice, avowing my intention to resume and hereafter use my prior surname, to wit: LANA MAE WHITCOMB, in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 704 (a) (54 Pa.C.SA Section 704 (a)). My divorce, docketed to the above term and number was granted on October 19, 2001. . I verify that the statements made in this document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 26th day of December, 2001. Witness: r!frbo_ ~f~ )(SEAL) LANA MAE FRANKS TO BE KNOWN AS: ctw /ifu.L ~) (SEAL) LANA MAE WHITCOMB ~lii'":'<'~~"" n.illllw~' j~,:'" ;~,', !'fd",~ ,~", ',,",,,,'<",,, -ifi<l,... ~"AA~' ~ .' ,'"",,?,;',-- _c "','_, ,'"_~",,,,,,,,,,,,,,,,,,,,,, ,,,,';''';'''-, ~ ~~_.' -"~',""......... ,_,-, ~,;>,N ,~~"..",,,"'_. ,,,,,,<,, " ~ .~ ~ " f 0 0 0 ~ -fl 0 -"-! "tlOJ f"71 -\+! mm C") Z.:J.::, 2:1:;:: W -,i"'n r-, Cf)><:7;:'~ ~~?6 ~6 ;:,. ~8 -j'" ;.-0::'<1 --:.. ~cs )>c If? 2":srn ~ .,.. :;;! :n ..,.. -< -' . .. ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "'''' -, - ~- ~,,--. - "~_-i,<"~-" -.,_,' ,. ~.. , .. "'""-~ .. . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY " STATE OF PENNA. Jeffrey R. Franks No. . Civil Term . 01-2711 VERSUS Lana Mae Franks DECREE IN DIVORCE AND NOW, o~ o::t II: ),5" A.,NI . 1'7 2001 ,IT IS ORDERED AND DECREED THAT .1~ffTPy"R Fr<=llnk~ . PLAINTIFF, AND L"na Mae Franks , 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 PROTHONOTARY By TH J, ~'" ~ '~jl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .....' "__""'....r' F<'~ tp "", ,'.,~,'<-=~ ,~" ~ ...:j~,'.,;,.. ',,- ,.,;,;~#~~'~ill "" _. ~ ", . '",~' 1iilii ; -.~ . ,~~,~,_ ._,~,~. "_.. ~__~o.'" ~,. ,-', r~ "- Iv '" '" '" l"' -,' ~ -"-^ ,. W --J ~ '- { .. .. t ..( \) ~ (') C ?' '1Jet ~~ zE"" (j) t'-, ~6 ~.--..., z'" )5:0 ~ =< " ,~ ~ s.. ~ ~ t ~ j 1j ( I v > , o l.~) '"1"1 c:J :'1 ,-, W ,TI,.:'.i no);; "'" ::'ll: ~16 -'~,; <2~j C=s(n ?#J -< '!? ,&::", .l:"" -' ~ "' -" ,---, ~, "". -', -- ,-- ~." '~ri' '~'" ,'''~",;",..,''''- "'",","~' 0,> " , l, , - '. APR 1 5 2002~ .... HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF .JEFFREY R. FRANKS, Plaintiff = IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 01 .2711 CIVIL TERM LANA MAE FRANKS, Defendant . . = IN CUSTODY ORDER OF COURT AND NOW, this I '1 ~ day of ~, 2002, upon presentation and consideration of the attached stipulation and agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT, :lu_~,,,,,,,,;.,,j,,,, 1 i S\- ".. t~~ .~ r t~ ~ ~ " ,',~ "'''''''';:;If'~~; ""jj' -]'M~iiIiIII~imi,,"""~- >- 0::: ~ LUt! Of', C::-,",' !~L ...:.~ OJ;-~: 6~::"~' LUC'L r:0u ;,.<--;,- L): L'L. """ ".,'~ ~.1)~;ffi"~,,,,_ ~,"',' '. ~,V"~=,~_ 1-. i:= z ::::> . \~i -5~ ~j~ "'r"--.,.. tnit Cl1 CL. ~ B C'? ",'" 0... ,..... '~~-;;;~'"'."_.,~" -.," , ,.,." ,'''-"~~^"''', _. ",~.,,^_~'K,"",'O,,..,, (''''^''' '~'~....~ r_""~=&'.." _ k<~ ~ ".~-, '"" ,) .. . ".~" . . "~ ,~.. ~. , ' , Cc C - ""'4__'" ",'",~ .',' _,'...' '" , \ .JEFFREY R.FRANKS, Plaintiff : IN THE COURT OF COMMON PLEAS OF = CUMBERLAND COUNTY, PEN'NSYLVANIA v. = CIVIL ACTION. LAW : NO. 01 .2711 CIVIL TERM LANA MAE FRANKS, Defendant : IN CUSTODY STIPULATION AND AGREEMiENT ' THIS STIPULATION AND AGREEMENT entered into this ~ day of March, 2002, by and between JEFFREY R. FRANKS (hereinafter referred to as "Father") and LANA MAE FRANKS (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: . WHEREAS, the parties are the natural parents of two minor children, namely Briana Marie Franks (age 10, born December 9, 1990) and Amber Rae Franks (age 8, born May 26,1993); and WHEREAS, the parties wish to enter into an agreement modifying their previous agreement relative to the custody and partial custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have joint legal custody of the children, which shall include, but not be limited to the mutual sharing of information and decisions with regard to medical care, education and religious instruction. n ".., - >. _ ","'<. ~,,,~,,-, "'y.~"'- ,,-.~-, -,''';",' ,,"-"-- --~ ."' "~-,,,,;;: . \ ' .. 2. The parties shall also have shared physical custody of the children as follows: A. The Mother shall have the children on every other weekend from Friday at 5:00 p.m. until Sunday at 6:00 p.m., on the Thursday immediately following that weekend from 5:00 p.m. until 8:00 p.m. and on the Tuesday immediately preceding that weekend from 5:00 p.m. until 8:00 p.m. B. The Father shall have the children at all other times, unless otherwise mutually agreed. C. The parties shall share physical custody of the children on holidays and on the children's birthdays. D. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. E. Both parties shall have the, children for whatever vacation time the parties have throughout the year provided the party wishing to exercise vacation physical custody notifies the other parent at least two weeks prior to the starting date for such physical custody. Whenever either parent takes the children away from their respective primary residences on vacation, they shall provide a means for the other parent to contact them in an emergency. F. The parties shall exchange custody at an agreed upon mid-point between their residences. 3. Neither parent shall request the payment of child support from the other parent during the period this agreement is in effect. The parties shall share income tax exemptions for the children, each taking one child as an exemption each year until the .. ~'~,' ~," ... " 'c",' -, - J." "',,' ,,",^' ,.,",.",:;;,., ,<,'; ,,,~-J, ~,.:/ ,,"-,-"~'."h"",+ .';~""~''''"''''''',;W'"''',i-'',<';' , "~, ." . . \ ' first child can no longer be claimed. When the parties have only one dependent remaining, they shall alternate years, one party taking the exemption on odd years and one party taking the exemption on even years, beginning with the Mother. 4. Both parties agree that each party shall have reasonable telephone contact with the children while the children are in the other party's custody and that the children will be permitted to call the noncustodial parent as desired while they are in the custody of the other parent. 5. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to ensure that the health, welfare and well being of the children is protected. 6. The parties shall do nofhing that may estrange the children from the other parent or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or affection for the other parent. 7. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 8. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 9. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. ,.',",,-:,',""'.--" .' ' ~ . IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: 14 Dato~ y/,o- ~~ ~1~ (SEAL) J FREY R.' RANKS Date: ~fZ--- ctf# ~....~~k/ , LANA MAE FRANKS (SEAL) COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND r On this, the~ day of March, 2002, before me, the undersigned officer, personally appeared JEFFREY R. FRANKS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. \ Notary (SEAL) Notarial Seal . Robert J. Mulderig, Notary publiC, Carilsla Bora, Cumberland County My Commission Expires Nov. 13, 2004 COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the -z.11tday of March, 2002, before me, the undersigned officer, personally appeared LANA MAE FRANKS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto fle (SEAL) _~~_~'<";"'".J"'C' ~ GQ.J!I''''''~J~ ~L', o. ,~~,~ "" "'",""...~,,,. - ,~ "". -,~~~, ~~ '" -.' _.~~, ~. -,^ " ,,'~~""~ ~ < '. ' '. . 0 (:.) C 1"0 djE '1 :t.';/l> ~' -j 0 ~.U' <- , - ~~- r..., C,) ,1 ~'-J :<~ -_I '.,1 ~C) 'T -,,. , ., :;;;0 ---:;,~ ("5 c \f? r.~5 rt1 ~= s! =< '" x (XI -< , -~,~ ... ,', "'~ ,-,-,--, ,'la- , ' ' ' I ,~ ~", "'I i,,;,.' _,_d --~ , "'~ ;~"~:' .- ---J . JEFFREY R. FRANKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-2711 LANA MAE FRANKS, Defendant CIVIL ACTION - LAW CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please withdraw my appearance a in the above-captioned matter. orney for the Defendant Date: ~/1(~ PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Defendant in the above-captioned matter. Respectfully submitted, I Catherine A. Boyle, MEYERS, DESFOR, SALT & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Defendant Date: 1/~~/o ~ MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P,O, BOX 1062 . HARRISBURG, PA 17108 (717) 236'9428 . FAX (717) 236.2817 , . '''" ., .e "' -,,, _~''''__ __0< ~:_ '., ,,,;,,,'c,,",,C~-~'u Ii"'" '- .... . . - JEFFREY R. FRANKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-2711 LAMA MA FRANKS, Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I hereby certify on this 30"tfA. day of ~ 2002, that a copy of the foregoing Praecipe To Enter and Withdraw Appearance was mailed, first-class, postage pre-paid to: Jeffrey R. Franks 6 Woodview Drive Mt. Holly Springs, PA 17065 Harold S. Irwin, III, Esquire Hitner House, Suites 201 and 202 35 East High Street Carlisle, PA 17013 r Boyle, Es Defendant II MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O, BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 _tl'" 1<". ........ilI" ~ JIlL ~]iiU,w .-' - ~ ",""",,' ~ilI~A*'f.-,,,",,," 'ti~' ~ "~~_ <,'.. ",O~" ~ ~~,,~ '",' <',<,"'" ,-. ,','---- .>,-- ."'"'-...'-,' .Ie. ~,u . () C z -0 CD 92S~_; i~2 .;( I >s =-~ -< o N C) CJ -4 I N '"' ~ ' ~ ~-o ::i: .-1 '~ .''---r1 In ;;.:;.;:: TJm -,)0 ~,c'::, ~j~;~~ ~5\n '-1 ~, ~ "'" .-J \-.- ~~.... .1.. ~ JEFFREY R. FRANKS, Petitioners v. LANA MAE FRANKS, a/kla Lana Whitcomb, Respondent "' . . - it.- _"A : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 01-2711 CIVIL IN CUSTODY PRAECIPE OF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearances in the above-captioned matter. Date: November 21, 2002 Respectfully submitted, ABOM & KUTULAKIS n P. Kutulakis A rney for Plaintiff Attorney I.D.# 80411 8 South Hanover Street Suite 204 Carlisle, PA 17013 ~~ Tft}- Attorney for Plaintiff Attorney I.D.# , 8 South Hanover Street Suite 204 Carlisle, PA 17013 'i.'" ~~, ~~." , " '''=' ,'., ',j.,- ''''J\~,';' ,,", ... .. . _ABOM & KUTULAKIS ... ATTORNEYS AT LAW CERTIFICATE OF SERVICE AND NOW, this 21st day of November, 2002, we, the undersigned counsel, of ABOM & KUTULAKIS, L.L.P. hereby certify that we did serve a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Bv First-Class Mail: Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Lana Mae Franks 102 Third Street Boiling Springs, P A 17007 Lana Mae Franks 620 North Hanover Street Carlisle P A 17013 - Kara W. Haggerty Attorneys for Petitioner 8 SOUTH HANOVER STREET. SUITE 204 CARLISLE. PA 17013 (717) 249,0900 FAX (717) 249-3344 1 06 WALNUT STREET HArouSBURG, PA 17101 (717) 232,9511 " il!l!!im:~IJlit""i~~~w'~.Ji~~~I~1ii.;!\l:*i.;lE&,;j~.1,..~".lli"',jIi,W4<i;jjW\',,,...i.j~~' ~' . "-l",J!1J.1[ ,L ,", ,<~" ,,"<.~ " ,~, _ _ ~,,~~~~.~, ~,~L~'..~o' ,."'~,~" ~~'. ,'._ , ,> ,..""",(,,,",'.""'. 0'_"'''', _ ,'"0,_/ ,," ". ."~'..~ i~ '''-'''''''''j' ~--. "" ,,< ~ ~,~ lli1~,~'~~~'J~ ' _.~; \ tT!r ~_-: ',j: ~ ~.:-...:: " )> Z =2 o C -.;::'" ,- n: ... C',') h) ';1, .~,? .~ ;-....) , m ---::'1 (,....:,: .~'C1 :-t-f C) :::,,-;r'n ~;~ "n ::< :-) ():) J ~".__._~ k - ,~' - ~ , ,'"-,,Ii 1- ~~ JEFFREY R. FRANKS, Petitioner : IN THE COURT OF COMMON PLEAS OF :CUMBERLANDCOUNTY,PENNSYLVANU v. : CIVIL ACTION -LAW No. 01-2711 CIVIL LANA MAE FRANKS, a/k/ a Lana Whitcomb, Respondent IN CUSTODY AND NOW, this ORDER OF COURT J- tf.f4. day of January, 2003, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby Ordered and Decreed that the attached agreement is made an Order of Court. Date: January )4 ,2003 Edward E. Guido, J. Distribution: vABOM & KUTULAI<IS, L.L.P. ...-[ana Mae Whitcomb 8 South Hanover Street, Suite 204 P. O. Box 431 Carlisle, PA 17013 V BoilingSprings, PA 17007 L. ~.<i. J. , , t RXS ()J-;)''7-03 '1 ~..,"" " , ~ '~~ I, ",.....~ " . ~H _ '''"~,_ 1@#M'.';;"k,"!j&~I": . JEFFREY R.FRANKS, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW No. 01-2711 CIVIL LANA MAE FRANKS, a/kla Lana Whitcomb, Respondent IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEEMENT entered into this /1 #---day of January, 2003, by and between JEFFREY R. FRANKS (hereinafter referred to as "Father" and LANA MAE WHITCOMB (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: , WHEREAS, the parties are the natural parents of two minor children, namely, Briana Marie Franks (age 11, December 9, 1990) and Amber Rae Franks (age 9, bomMay 26,1993); and WHEREAS, the parties wish to enter into an agreement modifying their previous agreement relative to the custody and partial custody of the children. WHEREAS, on or about November 21, 2002, Father filed a Petition for Special Relief requesting full legal custody and supervised visitation with the subject minor children when in Mother's custody. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: .~ ~~ : y '_"u" ~ _; lUiU! <~-~Ii!<' . 1. The parties shall have joint legal custody of the children, which shall include, but not be limited to the mutual sharing of information and decisions with regard to medical care, education and religious instruction. 2. Father shall have primary custody ofthe subject minor children. 3. Mother shall have periods of supervised visitation with the subject minor children as follows: a. Mother shall have visitation with the children on every other weekend from Friday at 5:00 p.m. until Sunday at 6:00 p.m. b. Mother shall have visitation with the children on the Thursday immediately following her weekend of visitation from 5:00 p.m. until 8:00 p.m. c. Mother shall have visitation with the children on the Tuesday immediately preceding her weekend of visitation from 5 :00 p.m. until 8:00 p.m. 4. Father shall have the children at all other times, unless mutually agreed pursuant to the terms of this Stipulation and Agreement. 5. The parties shall share physical custody of the children on holidays and on the children's birthdays, with Mother having supervised visits on those days. 6. Father shall always have the children on Father's Day and Mother shall always have the children for supervised visitation on Mother's Day. 7. Mother shall have the children for two non-consecutive, one (1) week vacations each year. -Mother shall provide Father with a minimum of thirty (30) days notice of the vacation. , 8. Whenever either parent takes the children away from their residence for vacation, they shall provide a means for the other parent to contact them in an emergency. i~' , : ,,',;,. -- ,- J , ~'.d. ,', ~'''~" 9. The parties shall exchange physical custody of the children at any mutually agreed upon location mid-point between their residences. 10. Mother's periods of visitat.ion shall be supervised by the maternal grandmother, Doris Whitcomb; or by any other adult as is mutually agreed upon. 11. Any person having physical custody of the subject minor children shall ensure that they have no contact whatsoever with Tammy Erb, Leigh Stoey, or Lauren McCarthy. 12. Both parties agree that each party shall have reasonable telephone contact with the children. The children shall be permitted to contact the non-custodial parent as desired. 13. The parties shall keep each other informed immediately relative to any emergencies concerning the children and shall further take any necessary steps to ensure the health, welfare and safety of the children. 14. The parties shall not make derogatory remarks about the other parent in the presence of the children. Further, the parties shall do nothing that may estrange the children from the other parent. 15. Any modification of this Stipulation and Agreement shall be effective only ifmade iIi writing and only if executed with the same formality of this Stipulation and Agreement. 16. The parties agree that in making this Stipulation and Agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 17. The parties desire that this Stipulation and Agreement be made an Order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties minor children and shall retain slJch jurisgiction should circumstances change and either party desires further modification of said Order. ~"....~ ,~ - , -, ,I' . -,' .. ^ji ~llii_,i4;t_m!"1'l""'c~ 18. This Stipulation and Agreement shall supercede any prior Orders or Agreements, including but not limited to, Stipulation and Agreement dated March 29, 2002, Order of Court dated April 17, 2002, Stipulation and Agreement dated November 25, 2002, and Order of Court dated November 26, 2002. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms thereof, set forth their hands and seals the day and year herein set forth. Date: J"'""l' JL 2003 ~ oz :tSl effrey R. rimks 1 ~~ilxtL Date: January L, 2003 J~!l&J,(;Jju~~ Lana Mae Whitcomb -ij' .". ~" ~" i_ I.. - ~, .. '. ~Wlll!\'oi' Commonwealth of Pennsylvania SS: County of Cumberland On this, the \'i~-day of January, 2003, before me, the undersigned officer, personally appeared Jeffrey R. Franks, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and , acknowledged that he executed same for the purposed therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ----.-.-.- SS: .,^l w..' Commonwealth of Pennsylvania County of Cumberland yl.,. " On this, the j1 - day ofJanuary, 2003, before me, the undersigned officer, personally appeared Lana Mae Whitcomb, known to me (or satisfactorily proven) to be the person whose name is. subscribed to the within instrument and acknowledged that she executed same for the purposed therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. .~" , -'- j- - ~ I.. 'l:.Ji~>1~~~lli,',"-. CERTIFICATE OF SERVICE AND NOW, this 11 ~y of January, 2003, I, the undersigned counsel, of ABOM & KUTULAKIS, L.L.P. hereby certify that I did serve a true and correct copy of the foregoing ORDER OF COURT upon all parties listed below by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Bv First-Class Mail: Lana Mae Franks P.O. Box 431 Boiling Springs, P A 17007 ~~#!r~1.t"',~0--"I"Ei:"''''it''!l".t'i!etiilii-';i~~t'M~''il.~rSh'li~k'l''{'J.i0hh'W' ~"""i'fJr:-ni."J>k''l<j~m-';;,8,; '1t!hi>l\<l~~~~~"' """~L' ~ Lv..,,) K'...p' ' ~t3t JTI _ ,""''''''~,~_~,,~ ~,~ ~,~',^",""'r,'" __0.>. "~~-' ",'",'!h"o",''','''- ,. ",. ,,"A'" -",,"-;:t, "',,' ~,"'r<"~,,, ..,.,., >',~ ~'^" ... of',,'"~ ~~,,,"., liill}!WU'-~'~Ii~\ -,~ ~." " <~'~.llilJ!Itil ~~, ...,--~",~~.- -oi-' q)f: 21'- (n , ~.':: ;,~-~' .j:::" / , ), ~:; .,.::. 2 n ~~:; CJ C,"J i'~ IW. '..0 ::j ':;J -<: ~".J ;" " tifs'.'.' , " '1,- ,",do-,;'j , ~ ^-. 'c 'L'c, . JEFFREY R. FRANKS, Petitioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 01-2711 CIVIL LANA MAE FRANKS, a/k/a Lana Whitcomb, Respondent IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEEMENT entered into this 25th day of November, 2002, by and between JEFFREY R. FRANKS (hereinafter referred to as "Father" and LANA MAE FRANKS (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the parties are the natural parents of two minor children, namely, Briana Marie Franks (age 11, December 9, 1990) and Amber Rae Franks (age 9, born May 26,1993); and WHEREAS, the parties wish to enter into an agreement modifying their previous agreement relative to the custody and partial custody of the children. WHEREAS, on or about November 21, 2002, Father filed a Petition for Special Relief requesting full legal custody and supervised visitation with the subject minor children when in Mother's custody. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: -"""'....,;".'-~~ ,,,J ,I "" J,_ - "....,~'1~;;~""f,'" . . 1. The parties shall have joint legal custody of the children, which shall include, but not be limited to the mutual sharing of information and decisions with regard to medical care, education and religious instruction. 2. Father shall have primary custody of the subject minor children. 3. Mother shall have periods of supervised visitation with the subject minor children as follows: a. Mother shall have visitation with the children on every other weekend from Friday at 5:00 p.m. until Sunday at 6:00 p.m. b. Mother shall have visitation with the children on the Thursday immediately following her weekend of visitation from 5:00 p.m. until 8:00 p.m. c. Mother shall have visitation with the children on the Tuesday immediately preceding her weekend of visitation from 5:00 p.m. until 8:00 p.m. 4. Father shall have the children at all other times, unless mutually agreed pursuant to the terms of this Stipulation and Agreement. 5. The parties shall share physical custody of the children on holidays and on the children's birthdays, with Mother having supervised visits on those days. 6. Father shall always have the children on Father's Day and Mother shall always have the children for supervised visitation on Mother's Day. 7. Mother shall have the children for two non-consecutive, one (1) week vacations each year. Mother shall provide Father with a minimum of thirty (30) days notice ofthe vacation. 8. Whenever either parent takes the children away from their residence for vacation, they shall provide a means for the other parent to contact them in an emergency. ,"~"""'" ~, ~,~~'. - . ,;",".1 ,j .,,,-. . i'~_ ~ :B~'i-ej . . 9. The parties shall exchange physical custody of the children at the Mid- Way Bowling Alley, or any other mutually agreed upon location mid- point between their residences. 10. Mother's periods of visitation shall be supervised by the maternal grandmother, Doris Whitcomb; or by any other adult as is mutually agreed upon. 11. Both parties agree that each party shall have reasonable telephone contact with the children. The children shall be permitted to contact the non-custodial parent as desired. 12. The parties shall keep each other informed immediately relative to any emergencies concerning the children and shall further take any necessary steps to ensure the health, welfare and safety of the children. 13. The parties shall not make derogatory remarks about the other parent in the presence of the children. Further, the parties shall do nothing that may estrange the children from the other parent. 14. Any modification of this Stipulation and Agreement shall be effective only if made in writing and only if executed with the same formality of this Stipulation and Agreement. 15. The parties agree that in making this Stipulation and Agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part ofthe other. 16. The parties desire that this Stipulation and Agreement be made an Order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties minor children and, shall retain such jurisdiction should circumstances change and either party desires further modification of said Order. .'-'.""""", , .:;, = '" " ,,'H."<~ ~. ,~. "'il~if.i-': 17. This Stipulation and Agreement shall supercede any prior Orders or Agreements, including but not limited to, Stipulation and Agreement dated March 29, 2002, and Order of Court dated April I?, 2002. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms thereof, set forth their hands and seals the day and year herein set forth. WITNESSESTH: \\-1.S-2.602- Date: November 25, 2002 ~~a ~^-~ ~~~_ ~anks Date: November 25, 2002 ~ "~,~ : ,l,_ -'-" ", h ,',' ." " ~~ -"~jijn~~\; Commonwealth of Pennsylvania ss: County of Cumberland On this, the 25th day of November, 2002, before me, the undersigned officer, personally appeared Jeffrey R. Franks, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposed therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. No lic ~'.\tO,~",(_-,:-;:,_.,- Commonwealth of Pennsylvania ss: County of Cumberland On this, the 25th day of November, 2002, before me, the undersigned officer, personally appeared Lana Mae Franks, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposed therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. C-- . -" ,"~-~;;~- JOHM","~~.1:oIin\Y ClII8Ie~,"" ,.' ._'26,. GJ " " . f ~' . , "'. . .l. < . "r,*~,p;'i . CERTIFICATE OF SERVICE AND NOW, this 25th day of November, 2002, we, the undersigned counsel, of ABOM & KUTULAKIS, L.L.P. hereby certify that we did serve a true and correct copy ofthe foregoing ORDER OF COURT upon all parties listed below by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Bv First-Class Mail: Lana Mae Franks 102 Third Street Boiling Springs, P A 17007 Jf:.-~y ~~ Attorneys for Petitioner ~:\iiIlllliill~~.kIli~<:l~l~"+I1",''''''''~'&N;l<'Jimffi~~,16~';*,J",,,n'di',^,'!I;,~~d:'.i"'>3""j,;Jti:"'r>I.~""'~i-ttiii!1lll,w^~~1ilIJili ' if ,tLl"1',c<",""'"~,-,,,?,,"~ .'~.'" ,>',"""-~',,, ,,>,_",' ,,".",~ ,"- .', .,<, ~, ,,,_.' . "e,. d~, ~IiOlI!!!IIl~"" ^'i>l"''''' "~._l~ L . (') C> .~ .j C 1"..) -n s: ',;!!: .,-1" -oc(r c? ;~:n fTtFc ."" , r- Z:Lt ,,> -f,~ ZC" (.I)"""" c:J' ~;? ~_.') r;: ~:J -po .,:;!--r1 ~O ::lC t:JB -0 9? cyn >c -l Z t:" ~ =< (Xl '< .