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HomeMy WebLinkAbout01-04565IN THE COURT OF COMMON PLEAS TRINA FRANTZ OF CUMBERLAND COUNTY STATE OF ~ PENNA. ~° ,- Plaintiff VERSUS WAYNE J . FEtANT Z , Defendant N O. 01-4565 DECREE IN DIVORCE AND NOW, I~ ~I 2004 IT IS ORDERED AND DECREED THAT TRINA FRANTZ PLAINTIFF, AND WAYNE J. FRANTZ ,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; The Marital Settlement Agreement dated January 27, 2004, is czer~ec?. incorporated but not merged into three. ATTES------T-~ D J. PROTHONOTARY TRINA FRANTZ, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. WAYNE J. FRANTZ, Defendant NO. 01-4565 CIVIL TERM 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 Divorce Decree: 1. Ground.for Divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of Service of Complaint: First Class mail pursuant to an Acceptance of Service signed by the Defendant dated August 1, 2001. 3. Date of execution of the Affidavit of Consent required by §3301(cl of the Divorce Code: by Plaintiff on March 3, 2004; by Defendant on March 3, 2004. 4. Related Claims Pending: The Marital Settlement Agreement dated January 27, 2004 resolved all claims. 5. Date Plaintiffls Waiver of Notice i~3301(c) Divorce was filed with the prothonotar Dated March 3, 2004 and filed herewith. Date Defendant's Waiver ofNotice in~3301(c) Divorce was filed with the prothonotary: Dated March 3, 2004 and filed herewith. J fer L Lehman, Esquire Attorney for Plaintiff Date: Plaintiffls Social Security No. 185-50-1188 Defendant's Social Security No. 162-48-0621 ~` ~, r MARITAL SETTLEMENT AGREEMENT i THIS AGREEMENT is made this ~'~ day of ~1tltuu~n,~-- , zoo, by and between WAYNE J. FRANTZ (hereinafter referred to as Husband") -AND- TRINA C. FRANTZ (hereinafter referred to as "Wife") WITNESSETH: WHEREAS, Husband and Wife were lawfully married on Septemberi5, 1984 in Camp Hill, Cumberland County, Pennsylvania; and WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they now live separate and apart from one another, the parties being estranged due to such marital difficulties; and WHEREAS, as a result thereof, a divorce action has been filed by Wife against Husband to Number of-4565 before the Cumberland County Court of Common Please; and WHEREAS, one child was born of this marriage, namely, Derek Wayne Frantz, born April t9, i99i, now twelve (i2) years of age; and WHEREAS, the parties hereto are desirous of compromising and settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship, inter alia past, present or future spousal support or maintenance, alimony pendente Iits, alimony, counsel fees and expenses, and equitable distribution, whether or not the parties reside together; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, the parties intend this Agreement to be a full and complete Marriage Settlement Agreement, providing for the absolute and final settlement of all their respective marital and property and all other claims. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the 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: i. SEPARATION. It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. The foregoing provision shall not be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their separation. A reconciliation will not void the provisions of this agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the 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. Transfer of property, funds and/or documents shall occur on the effective date unless otherwise specified herein. 3. AGREEMENT NOT A BAR TO DIVORCE. This Agreement shall not be considered to affect or bar the right of either party to a divorce on lawful grounds as maybe now or hereafter available to either party. This Agreement is not intended to be and shall not be a condonation on the part of either party of any act or acts of either party hereto. Both parties hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 33o1(c) of the Divorce Code. Each party waives the right to request Court ordered counseling. Or execution hereof, each party will promptly cease any outstanding claims in Divorce to be withdrawn and will exchange any affidavits, waivers or notices necessary to process the divorce. 4. DEBTS AND OBLIGATIONS. Each party hereto represents and warrants that he or she has not, and in the future will not, contract or incur any debt, obligation or liability for which the other party or his or her estate may be responsible or liable. Each party hereto agrees to be solely responsible for the prompt and timely payment of the debts identified in his or her name. Each party hereto agrees to indemnify and hold harmless the other from any and all claims, debts, obligations or demands made against him or her by reason of debts or obligations in his or her name. 5. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, of claims in the nature of dower or courtesy, 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 now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed by each party that this Agreement constitutes a full and final resolution and settlement of all claims of any kind, and especially and claims arising under the Pennsylvania Divorce Code, which either party may have against the other. 6. DIVISION OF PROPERTY. The only real property interest of either party is Husband's cabin property value. Wife grants unto Husband all right, title and interest therein and agrees to sign and document as reasonably requested by Husband to evidence compliance of same. The parties hereto agree that all personal property between the two have been previously divided except as set forth herein. Wife will have full ownership, right, title and interest and possession to a 1998 Plymouth Neon automobile which is currently in the possession of Wife and Husband shall have full ownership, right, title and interest and possession to a 1999 Ford F-15o truck which is currently in the possession of Husband. Each party agrees he or she will make all payments remaining on the said vehicle or any personal property in his or her possession. Husband agrees to sign all reasonable documentation provided by Wife to transfer to her, at her expense, sole right, title and interest to a jointly titled time share with RCI. Husband transfers and releases to Wife any right, title or interest he may have in the Swartz Street Property in which Wife now resides. y. PENSIONS,_RETIREMENT ACCOUNTS AND INSURANCE. The parties hereto acknowledge that Husband has a retirement plan with the Pennsylvania State Employees Retirement System and deferred compensation as a result of his employment with the Commonwealth of Pennsylvania and Husband agrees that as of July i~, 2ooi, one-half (t/z) of each of which shall be the property of Wife. Wife shall be responsible for preparing a Qualified Domestic Relations Order (QDRO) and Husband agrees to cooperate in executing and otherwise cooperating in obtaining the same. Wife has an IRA account, one-half (i/z) of which shall be the property of Husband as of July i~, zooi, the date of separation. Husband shall be responsible for preparing a Qualified Domestic Relations Order (QDRO). Wife and Husband agree to cooperate in executing any and all documents required to promptly obtain the same. 8. TERM LIFE INSURANCE. Each of the parties represents to the other that he or she has purchased a term life insurance policy for his or her life with a death benefit of One Hundred Thousand and oo/too ($ioo,ooo.oo) Dollars, nominating their minor son, Derek, by his surviving parent as Trustee, as beneficiary and he or she agrees to maintain the same at least until the earlier of Derek's graduation from (t) a secondary school; (z) obtaining the age of twenty- three (23); or (3) marrying. The parties will exchange proof of said insurance on an annual basis. 9. AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE. Each party hereto agrees to immediately execute an Affidavit of Consent and Waiver of Notice necessary to obtain a divorce. Each party hereto agrees to have counsel withdraw any claims necessary in order to process the said divorce and execute all papers necessary or reasonable to obtain the said divorce. io. SUPPORT. Each party hereto waives for himself or herself any support or right to support, alimony pendente lite, spousal support or similar income from the other as of the date hereof. This does not apply to the minor child of the parties hereto. ~~ rr-'' I C.%'i' 1i. COLLEGE FUND. The parties have each agreed that each will set up a college fund for the benefit of their son, Derek, and that each will be obligated to contribute $25.0o to the fund which he or she has set up, per month, without fail. All income or investment from each of the funds shall accrue to the principal to fund and be to the benefit of Derek. The income or interest on the funds shall be reported under the social security number assigned to Derek and shall be reportable on his income tax return. Each of the parties agree that they each will use the funds to pay for reasonable costs for Derek's college or other recognized post secondary education, so long as Derek applies for, immediately before graduation from high school to a course of post graduate education recognized and accredited and so long as he continues as a full time student and successfully makes progress towards completing such a course. In the event that Derek fails to pursue such post secondary education as set forth herein, the income which has been reported to Derek shall be distributed to Derek and the remainder shall be returned to the party who has made the contribution as set forth herein. Each party hereto agrees to annually exchange and provide to the other, year end statements of such accounts to ensure that the same have been properly funded and invested. The same shall be provided each year no later than March i for the previous year. iz. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Jennifer Lehman, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Bruce D. Foreman, Esquire. Husband and Wife each covenants that he or she has made a full financial disclosure to the other of his or her respective property, holdings and income. Husband and Wife each acknowledge that each fully understands the facts of this agreement and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, 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. i3. ADDTI'IONAL INSTRUMENTS. Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments, deeds, titles or documents that maybe reasonably required to give full force and effect to the provisions of this Agreement, including all papers necessary to transfer title. i4. AFTER-ACQUIRED PROPERTY. Each party shall hereafter independently own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him or her, with full power to dispose of the same in all respects and for all purposes; as though he or she were unmarried. i5. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER The parties hereby agree and express their interest that any transfer of property under this Agreement shall be within the scope and application of the Deficit Reduction Act of ig84, hereinafter referred to as "the Act," and specifically the provisions of the Act pertaining to property transfers between spouses and former spouses. The parties agree to sign and file any elections or other documents required by the Internal Revenue Service to apply the Act to transfers under this Agreement without recognition of gain and subject to the carry-over basis provisions of the Act. 16. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. i~. ENTYRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. i8. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. ig. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 20. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, to terminate any further payments required to the other hereunder or seek such other remedies or relief as maybe available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or in seeking such other remedies or relief as maybe available to him or her. 21. DISCLOSURE OF FYNANCES. Each parry hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed and Inventory and Appraisement as required by Section 35o5(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. zz. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. z3. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: 0 WIFE: ~ (' TRINA C. FRANT HUSBAND: °~_ WA~ Ft.F Z ~.r. COMMONWEALTH OF PENNSYLVANIA ~~~~~ "_ SS COUNTY OF G,U•~ (one On this, the ~-~ before me, the undersigned officer, personally to me (or satisfactorily proven) to be the per. within t~greement and acknowledged that he therein contained. zoo, ear, TRINA . FRAN'I'Z, known whose name is subscribed to the :toted the same for the purposes My commission expires: Notarial Seal Autumn M. Gleichman, Notary P blic Mechanicsburg Boro, Cumbedand unty My Commission Expires Nov. 15, 2004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS On this, the l3r~ o zoo3, before me, the undersigned officer, personally ppeare , WAI'NE J. FRANTZ, known to me (or satisfactorily proven) to be the p rson whose name is subscribed to the within Agreement and acknowledged that he ecuted the same for the purposes therein contained. My commission expires: NOTARIAL SEAL MICHELE A. RENEKER, Notary Public Clty of Harrisburg, Dauphin County MYCommission Expires March 17, 2007 Notary TRINA FRANTZ IN THE COURT OF CONIMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WAYNE J. FRANTZ • 01-4565 CIVIL ACTION LAW DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August Ol, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, August 30, 2001 at 9:00 a.m. for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, BY~ /s/ Dawn S. Sunday/, Esc. ~J Custody Conciliator The Court of Conunon Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodafions available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TRINA FRANTZ, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. b (- 4~ t,) CIVIL TERM WAYNE J. FRANTZ, :CIVIL ACTION -LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, ,upon consideration ofthe attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the _ day of , 2001, at m., for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or heazing. 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 TWO LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 1-800-990-9108 TRINA FRANTZ, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. WAYNE J. FRANTZ, Defendant CIVIL ACTION -LAW IN DIVORCE/CUSTODY 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. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for 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. 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 --:~ TRINA FRANTZ, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. WAYNE J. FRANTZ, Defendant CIVIL ACTION -LAW IN DIVORCE/CUSTODY COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is TRINA FRANTZ, currently residmg at 1701 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is WAYNE J. FRANTZ, currently residing at 803 Brian Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 15, 1984 in Camp Hill, Cumberland County, Pennsylvania. 5. Plaintiff avers that there is one child of the parties under the age of 18, namely Derek Wayne Frantz, bom Apri129, 1991. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither of the parties in this action is presently a member of the Armed Forces. 8. The Plaintiff and Defendant are both citizens of the United States. 9. Plaintiffhas been advised of the availability of marriage counseling and that she may have the right to request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. COUNT I -DIVORCE 10. Paragraphs 1 - 9 are herein incorporated by reference. 11. The Plaintiff avers that the grounds on which the action is based are as follows: (a) That the marriage is irretrievably broken; (b) That Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, as to make Plaintiff's condition burdensome and life intolerable; (c) That Defendant has committed adultery; and (d) The parties are now living separate and apart. At the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken. WI~REFORE, Plaintiff requests the Court to enter a Decree of Divorce. COUNT II -EQUITABLE DISTRIBUTION 12. Paragraph 1 - 11 are herein incorporated by reference. 13. During the marriage, Plaintiff and Defendant have acquired various items of marital properly, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WIEREFORE, Plaintiff requests that the Court and/or Master enter an order with regard to the equitable division of any marital property held by the parties including both real and personal property and any other property subject to equitable distribution under Chapter 35 of the Divorce Code. COUNT IIi -ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS 14. Paragraphs 1 - 13 are herein incorporated by reference. 15. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 16. The Plaintiff is without sufficient funds to support self and to meet the costs and expenses of this litggation and is unable to appropriately maintain herself during the pendency of this action. 17. Plaintiffs income is not sufficient to provide for reasonable needs and pay her attorney's fees and the costs of this litigation. 18. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests that the Court and/or Master enter an order awarding alimony pendente lite, counsel fees and expenses to the Plaintiff and against the Defendant in an amount deemed appropriate pursuant to Section 3701, et seq. of the Divorce Code. COUNT IV -ALIMONY 19. Paragraphs 1 - 18 are herein incorporated by reference. 20. Plaintiff lacks sufficient property to provide for reasonable needs. 21. Plaintiff is unable to sufficiently support self through appropriate employment. 22. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. WIIEREFORE, Plaintiff requests that the Court and/or Master enter an order awarding alimony for Plaintiff and against Defendant in an amount and for a period of time deemed appropriate upon consideration of all factors, pursuant to Section 3701, et seq. of the Divorce Code. COUNT V -CUSTODY 23. Paragraphs 1 through 22 are herein incorporated by reference. 24. Plaintiff seeks full custody of the following child: Name Present Address Awe Derek Wayne Frantz 1701 Sherwood Drive 10 (DOB 4/29/91) New Cumberland, PA 17070 25. The child was not bom out of wedlock. The child is presently in the custody of Plaintiff, who resides at 1701 Sherwood Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 4 26. During the past five years the child has resided with the following persons at the following addresses: Names Address Dates Plaintiff and Defendant 803 Brian Drive Birth to July 17, 2001 Enola, PA 17025 Plaintiff 1701 Sherwood Drive July 17, 2001 to present New Cumberland, PA 17070 27. The mother of the child is Plainfiff, TRINA FRANTZ, who is currently residing at 1701 Sherwood Drive, New Cumberland, Cumberland County, Pennsylvania 17070. She is married to the Defendant. 28. The father of the child is Defendant, WAYNE J. FRANTZ, currently residing at 803 Brian Drive, Enola, Cumberland County, Pennsylvania 17025. He is presently married to the Plaintiff. 29. The relationship of Plaintiffto the child is that of Mother. The Plaintiff currently resides with the following persons Name Relationship Derek Wayne Frantz Son Charles George Father Edith George Stepmother 30. The relationship of Defendant to the child is that of Father. The Defendant currently resides with the following persons: None. 31. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other court. 5 32. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 33. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 34. The best interest and permanent welfare of the child will be served by granting the relief requested. 35. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant full legal and physical custody of the child to her. Respectfully submitted, By /Jennifer L. Lehman, Esquire 27 South Arlene Street P.O. Box 6130 Harrisburg, PA 17112 (717) 671-1200 Date: 7-30-0/ VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce/Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. T A FRANTZ Date: July 26, 2001 TRINA FRANTZ, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. WAYNE J. FRANTZ, Defendant NO. 01-4565 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, WAYNE 7. FRANTZ, hereby accept service of the Complaint in Divorce filed on July 30, 2001 in the above action this ls` day of August, 2001. I certify that I am the Defendant listed above. W E7. N Z TRINA FRANTZ, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. WAYNE J. FRANTZ, Defendant NO. 01-4565 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 30, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. §4904 relating to unsworn falsification to authorities. Date: :-"~'~ G"~ ~ (~ A FRANTZ PLAINTIFF TRINA FRANTZ, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4565 CIVIL TERM WAYNE J. FRANTZ, :CIVIL ACTION -LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 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. §4904 relating to unsworn falsification to authorities. Date: .~•J''~ ~ /////tiL~ i TIIN FRANTZ PLAINTIFF TRINA C. FRANTZ, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.O1-4565 CIVIL TERM IN DIVORCE WAYNE J. FRANTZ, DR NO. 30891 Defendant PACSES NO. 177103685 AFFIDAVIT OF CONSENT I. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on July 30, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and 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 decree. 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if I do not claim them before a divorce is granted. 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. §4904 relating to unsworn falsification to authorities. Date: .~- 3 ° d'%t ~ i~~~ ~ ~~ WA J. FRA Z, efen t TRINA C. FRANTZ, Plaintiff v. WAYNE J. FRANTZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-4565 CNILTERM IN DIVORCE DR NO. 30891 PACSES NO. 177103685 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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 in 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. §4904 relating to unsworn falsification to authorities. Date: .~-~-D~ u W E J. of nt TRINA FRANTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. WAYNE J. FRANTZ, Defendant NO.Ol-4565 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of 2001, upon consideration of the attached Custody Conciliation Report rt is ordered and directed as follows: 1. The Mother, Trina Frantz, and the Father, Wayne J. Frantz, shall have shared legal custody of Derek Wayne Frantz, born April 29, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 5:00 p.m. through Sunday at 8:30 p.m., beginning Friday, August 31, 2001 (and continuing through the Labor Day holiday on Monday at 8:30 p.m.). In addition, the Father shall have custody every Tuesday from 5:00 p.m. until 8:30 p.m., and at any additional times as agreed between the parties. 4. Each party shall be entitled to have custody of the Child for 2 nonconsecutive weeks during each summer school break upon providing 30 days advance notice to the other party. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The parties shall share having custody of the Child for the remainder of the Christmas school holiday as arranged by agreement. B. THANKSGIVING: fix every year, the Father shall have custody of the Child from the Wednesday before Thanksgiving at 5:00 p.m. through Thanksgiving Day at 3:00 p.m. and the Mother shall have custody from Thanksgiving Day at 3:00 p.m. through the remainder of the Thanksgiving weekend. C. EASTER: The party who has custody of the Child over Easter weekend under the regular custody schedule shall have custody of the Child on Easter Sunday until 3:00 p.m. and the other party shall have custody on Easter from 3:00 p.m. unti18:30 p.m. D. MEMORIAL DAY/LABOR DAY: The Memorial Day and Labor Day holidays shall include the entire weekend from Friday through Monday, with the specific times to be arranged by agreement of the parties. In odd numbered years, the Mother shall have custody of the Child over the Memorial Day weekend and the Father shall have custody over the Labor Day weekend. In even numbered years, the Father shall have custody of the Child over the Memorial Day weekend and the Mother shall have custody over the Labox Day weekend. E. INDEPENDENCE DAY: The Independence Day holiday shall be divided into Segment A, which shall run from July 3T at 5:00 p.m. through July 4`h at 1:00 p.m., and Segment B, which shall run from July 4`h at 1:00 p.m. through July 5`h at 5:00 p.m. The Father shall have custody of the Child during Segment A in odd numbered yeazs and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered yeazs. F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every yeaz on Mother's Day and the Father shall have custody of the Child every year on Father's Day from 10:00 a.m. until 8:30 p.m. G. FEDERAL HOLIDAYS: The Father shall be entitled to have custody of the Child on all federal holidays not otherwise addressed in this Order. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. In the event either party is unavailable to provide care for the Child for a period of three hours or more during his or her periods of custody, that party shall first contact the other party to offer the opportunity to provide the care before contacting third party caregivers. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other pazent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Jennifer L. Lehman, Esquire -Counsel for Motl Charles Brown, Esquire -Counsel for Father ~' TRINA FRANTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. WAYNE J. FRANTZ, Defendant NO.OI-4565 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Derek Wayne Frantz Apri129, 1991 Mother 2. A Conciliation Conference was held on August 30, 2001, with the following individuals in attendance: The Mother, Trina Franz, with her counsel, Jennifer L. Lehman, Esquire, and the Father, Wayne Franz, with his counsel, Charles Brown, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~w_'J~Gj,~eir ~ ~oU/ ~G_t..,,.,ti-!%~~--off Dad ~ ~ Dawn S. Sunday, Esquire Custody Conciliator In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TRINA C. FRANTZ vs. WAYNS J. FRANTZ Plaintiff Defendant AND NOW, to wit on this Docket Number 01-4565 CIVIL ) PACSES Case Number 177103685 /D.30891 Other State ID Number ORDER 23RD DAY OF AUGUST, 2001 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ®Other ALIMONY PHNDRNTE LITE filed on JULY 30, 2001 in the above captioned matter is dismissed without prejudice due to: AN ORDER OF SPOUSAL SUPPORT ESTABLISHED UNDHR DOCKET NUMBHR 593 SUPPORT 2001, PACSHS #0991D3658, AND DR#30857. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: DRO: Es shaaday xc: plaintiff defeiutant 7enni.fer I~etenan, Esquire 7eff Foreman, Esquire ~g'~ ~r Service Type M ~~ ~ ~ Edward E. Guido BUDGE Form 0E-506 Worker 1D 21005