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HomeMy WebLinkAbout03-2972JILL FRANK, PLAINTIFF 'tiS. JEFFREY EUGENE FRANK, DEFENDANT : IN T~IE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA ; : Ne. e3 Tr aSi : CIVIL ACTION - LAW : ACTION FOR DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You ar~ warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be enter~l against you by the court. A judgment may also be ent~ed against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or oth~r fights important to you. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may reques~ marriage counseling. A list of mamage counselors is available m the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANIED, 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 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1-800-990-9108 JILL FRANK, PLAINTIFF VS. JEFFREY EUGENE FRANK, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.~ '~,~q'],)xCIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, JILL FRANK, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is JILL FRANK, an adult individual, who currently resides at 92 College Hill Road, Enola, Cumberland County, Pennsylvania, 17025, and has resided in Cumberland County for over six (6) months. 2. Defendant is JEFFREY EUGENE FRANK, an adult individual, who currently resides at 2311 Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff has been bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on May 20, 1978. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of connseling and of the right to request that the court require the parties to participate in counseling. Plaimiffhas chosen not to engage in, or to request any counseling. 8. Neither the Plaimiff nor the Defendant was ever a member of the military service. 9. Plaintiff and Defendant have one (1) child fi.om their marriage, CHRISTOPFIER PARK FRANK, born on April 13, 1984. This child is no longer a minor and is not a part of this Complaint. COUNT I - REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. thereto. 11. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference After ninety (90) days have elapsed from the date of filing this Complaim, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiffbelieves Defendant may also file such an affidavit. Wm~REFORE, if both parties file affidavits consenting to a divorce at, er ninety (90) days have elapsed fi.om the date of filing of this Complaint, Plaintiff, JILL FRANK, respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II - REOUEST FOR EOUITABLE DISTR/BUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. thereto. 13. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference The Plaintiffrequests the Court to equitably divide, distribute or assign the marital propeaty between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaimiff, JILL FRANK, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT m- REOUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY UNDER SECTIONS 370Hal and 3702 OF ~ DIVORCE CODE 14. thereto. 15. 16. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference Plaintiff is unable to sustain herself during the course of litigation. Plaintiff lacks sufficient property to provide for her reasonable needs and is Dated: June ~2~, 2003 unable to sustain herself through appropriate employment. 17. Plaintiffrequests the Court to enter an award of spousal support until final heating and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, Plaintiff, JILL FRANK, respectfully requests the Court to enter an award of spousal support until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. 5021 East Trindle Road, Suite I00 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unswom falsification to authorities. DATED: JiLgRAN~K JILL FRANK, VS. JEFFREY EUGENE FRANK, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 03-2972 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Be it known, that on the 1~'¥~ day of SS: · 2003· before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Jill Frank, Plalntiffin the above-captioned matter. 3. On June 30, 2003, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code was deposited for delivery with the U.S. Postal Service in Mechanicsburg~ Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 4439 9062, and addressed to the Defendant, Jeffrey Eugene Frank, at 2311 Harvard Avenue, Camp Hill, PA 17011. 4. The return receipt card signed by the Defendant, Jeffrey E. Frank, showing a date of service of July 9, 2003, is attached hereto as Exhibit "A". Pa.R.C.P. 403. Service by certified mail meets the requirements ofPa. R.C.P. 404(2) and SUSAN K~LLO, ~ Counsel f~, ~ SWORN TO AND SUBSCRIBED before me, a Notary Public, this [~0ar!~' day of ,2003. Public ~ My Commission Expires:~ q)oY.)0~- [MNRNotafial Seal ·Hanford, Notary Public rg Bom, Cumberland Goun~ remission Expires Apr, 4, 2005 EXHIBIT "A" MARITAL PROPERTY SETTLEMENT AGREEMENT TltlS AGREEMENT is entered into this /~r dayof F~<3,~_,,~,v~_ ,2004, byand between JILL FRANK and JEFFREY EUGENE FRANK. ~ RECITALS Wife's Birthday and Social Security Number: February 3, 1954 178-38-2372 Husband's Birthday and Social Security Number: July 25, 1959 185-50-4637 Date of Marriage: May 20, 1978 Place of Marriage: Hershey, Pennsylvania Last Marital Residence: 2311 Harvard Avenue, Camp Hill, Cumberland County, PA 17011 Date of Separation: December 28, 2002 Children: Christopher Park Frank, born on April 13, 1984 Pending Court Proceedings: None Divorce Court of Common Pleas 03-2972 of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other at all times and at all locations, including but not limited to each party's place of work, nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreemem: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereat~er have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow'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. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party tO receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this A~reement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Husband shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed 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. 3 ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by Susan Kay Candiello, Esquire, counsel for Wife. Husband has been apprised of his need for counsel and has waived his right to counsel. (Please see Waiver of Right to Counsel attached hereto and made a part hereof at Exhibit "A"). The parties acknowledge that each has been advised of their right to obtain independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARYEXECU~ON Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the t¢~ms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 4 ADDITIONAL INSTRUMENTS Wife and Husband covenam and agree that they will forthwith within a reasonable time, but not longer than thirty (30) days after demand is made by the other party, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this A40-eement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 bom this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, remm receipt requested, to Susan Kay Candiello, at the Law Firm of Susan Kay Candiello, P.C., 5021 East Trindle Road, Suite 100, Mechanicsburg, Pennsylvania, 17050, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to 2311 Harvard Avenue, Camp Hill, Pennsylvania, 17011, or such other address as Husband from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 5 BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and ail right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as fi-om all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. 6 ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that ail of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and aiimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property presently in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the propem/in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specificaily waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. As settlement for any additional property, Wife has requested and all additional expenses, Husband shall pay to Wife the sum of Five Hundred Dollars and No Cents ($500.00). This sum shall be included in the check Wife shall receive fi.om the Mid Atlantic Mortgage Company at the time Husband refinances the marital residence. 7 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 2001 Honda Civic, is titled in Wife's name. There is a loan on this vehicle in Wife's name alone. Wife will assume full responsibility for the loan on this vehicle. Wife agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. This vehicle shall hereafter be the sole and exclusive property of Wife. B. The 2003 Chewolet Pickup, is titled in Husband's name. There is a loan on this vehicle in Husband's name alone. Husband will assume full responsibility for the loan on this vehicle. Husband agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. This vehicle shall hereafter be the sole and exclusive property of Husband. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder ora lien or encumbrance upon either &the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lien holder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lien holder. 3. BANKACCOUNTS The parties have always had separate bank accounts. Husband has his account with Way Pointe Bank and Wife has her account with PNC Bank. The parties agree to waive all right, title and interest in each other's bank accounts. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 4. RETIREMENT INTEREST Husband has a retirement account with John Hancock. Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's retirement account with John Hancock. Wife has a 401k with her present employer, Empire Medicare Service, an IRA and a Roth IRA. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's 401k with Empire Medicare Service, her IRA and her Roth IRA. MARITAL RESIDENCE Husband desires to keep the m ' · ' areal 'residence and Wife agrees Husband may keep the marital residence. The deed to the marital residence is in joint names. There is a mortgage on the marital residence in joint names. Husband shall refinance the marital residence into his name alone, removing Wife's name from the mortgage. Husband shall have a new deed drafted placing the marital residence into Husband's name alone. Husband shall be responsible for the filing of this deed. Wife agrees to execute all documents transferring all Wife's right, title and interest in the marital residence to Husband. Husband shall hereafter be responsible for all taxes, insurance, loans, liens, and mortgages on the marital residence. Husband agrees to give to Wife at the execution of the deed to the marital residence the sum of Twenty Thousand Dollars and no cents ($20,000.00). This money shall represent Wife's equity in the marital residence. The check to Wife from the Mid Atlantic Mortgage Company which shall represent the Wife's equity in the marital residence, shall also include the sum of Five Hundred Dollars and No Cents ($500.00) as stated in paragraph. The total sum of the check from MidAtlantic Mortgage to Wife shall be Twenty Thousand Five Hundred Dollars and No Cents ($20,500.00). 6. JOINT DEBTS AND LIABILITIES Husband shall assume full responsibility for the mortgage and all other liens, loans and debt associated with the marital residence. Wife shall assume full responsibility for the loan on the 2001 Honda Civic. Husband shall assume full responsibility for the loan on the 2003 Ford Pickup. Husband shall assume full responsibility for all credit accounts, debt, loans, liens associated with his business, 'Frank's Contracting . Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility &the party in whose name the debt or obligation was incurred. 7. HUSBAND'S BUSINESS "FRANK'S CONTRACTING,, Husband owns a business, Frank's Contracting, which is primarily the work effort of Husband. Wife waives any right, title and interest she may have or assert against "Frank's Contracting", Husband's business. Wife further agrees from the date of the execution of this Agreement, she will not take any action, either directly or indirectly, to interfere with Husband's business. 8. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name ora party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset, which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless fi.om any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 9. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 10. LIFE INSURANCE Neither party has any life insurance with any cash value. 11. WAIVER OF SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE, AND ACKNOWLEDGMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed 10 at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances ora substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and ail rights and claims which they may now or hereafter have, by reason oftbe parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, fi.om the execution date of this Agreement, the sole responsibility of each of the espeetive pames to sustain themselves without seeking any support fi.om the other party. 12. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other ail records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 13. COUNSEL FEES AND EXPENSES The parties shall be responsible for their own legal and other fees and expenses incurred in obtaining this divorce. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and y ar first written above. 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the , (~ day of ~.jg('(.i0t~ ,2004, before me, a Notary Public for the Commonwealth of pennsylvania, the undersigned officer, personally appeared JEFFREY EUGENE FRANK known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Not ~['y Public My commission Expires: ~ Notaqa! Seal COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: Onthis, the 164'~ dayof ~'gF~Ic~A-~ ,2004, beforeme, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared JILL FRANK known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreemem, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary ~ublic ' My Commission 12 J]LL FRANK, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA ; : NO. 03-2972 CIVIL TERM ,* : CIVIL ACTION - LAW : ACTION FOR DIVORCE .WAIVER OF RIGHT TO COUNSEL FOB MARITAL PROPERTY SETI'LEMENT AGREEMENT VS, JEFFREY EUGENE FRANK, DEFENDANT action. I, JEFFREy EUGENE FRANK, do hereby acknowledge that I am the Husband in this divorce I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. I am not under any duress, nor were there any threats or promises made to me to coerce my execution of this Agreement. I fully understand my property fights as Husband in this divorce action are determined by this Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this Marital Property Settlement Agreement. I have been advised of and do hereby waive my r of the Marital Property Settlement Agreement. Date:. ,.,~r{ [o ,2004 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS: tts;,//an alomey to represent me on the issue Commonwealth of Pennsylvani the trod ' - ,_ 4, before me, a Notary Public for the a, emgned o-~cer, pe~onally appeared JEFFREy EUGENE FRANK known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Waiver of Right to Counsel for Marital Property Settlement Agreement, and acknowledged executed the same for the purpose therein contained, that he IN WITNESS WHEREOF, I have set my hand and notarial seal. MCI~· - , __ Y ommission~x~ires: JILL FRANK, VS. JEFFREY EUGENE FRANK, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CLrMBERLAND COUNTY, : PENNSYLVANIA : NO. 05-2972 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT,,. 1. A Complaint in Divorce under Section 3301(c) of?e Divorce Code, was fi!ed on or about June 23~, 2003. A n'ue copy of the Complaint for D~vorce was serveo upon me Defendant, on July 9, 2003. 2. The marriage between 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 in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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 by the Court. I verify that the Statements 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. PLAINTIFF VS. JEFFREY EUGENE FRANK, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 0~-2972 CIVIL TERM ; : CIVIL ACTION - LAW : ACTION FORDIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DiVORCE DECREE UNDER SECTION 3S01(C) OF DiVORCE CODE 1. I consent to the entry of a final decree of divome without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE JILL FRANK, pLAINTIFF VS. JEFFREY EUGENE FRANK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2972 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT. · Corn laint in Divorce under Section 3301(c) of the Divorce Code was filed on · 1 _ A ~r~ ~,n~ s ~,~ COny of the Complaint for Divorce was served upon the oranoutJunez~ ,~vw. ~-,~-~ Defendant, on July 9, 2003. 2. The marriage between the Plamttff and Defendant ts irretrievably broken and mnety (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 the service of notice of intention to request entry of the decree. . erstend that if a claim for alimony, alimony pendente lite, equitable distribution 4 I und · ~ ~ ..... %eh filed with the Court before the entry of of marital property, counsel Ices or expenses nas no[ v a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised °f the availability °f marriage c°unseling' and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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 by the Court. I verify that the Statements 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 unswom falsification to authorities. JILL FRANK, VS. JEFFREY EUGENE FRANK, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 0~-2972 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE F INTENTION TO UE T ENTRY OF A DIVOR DECREE UNI~_E SECTION 3301 c OF DIVOR DE unsworn falsification to authorities. 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 ifI 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. CS. Section 4904 relating to pLAINTIFF VS. JEFFREY EUGENE FRANK, DEFENDANT IN TIlE COURT OF COMMON PLEAS :OF CIJMBERLAND CouNTY, : pENNSYLVANIA :NO. 03-2972 CIVIL TERM :CIVIL ACTION - LAW : ACTION FORDIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and manner of service of Complaint: Service upon the Defendant, Jeffrey Eugene Frank, via Certified Mail, Return Receipt Requested, Restricted Delivery, on July 9, 2003. The Affidavit of Service Certified Mail was filed with the Cumberland County Prothonota~J on July 17, 2003. 3. Dateof executi°n °f the Affidavit °f C°nsent required by Secti°n 3301(c) °f the Divorce Code by: Plaintiff: February 16, 2004 Defendant: February 16, 2004 (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims Dated: February 17, 2004 but not mer~-, · n this Praeei~ ~^ ~ttlement A ~a ~nto the Divor,.~ ~ '~' ~ ransmi~ ~_ greement whi~ · . . v.~ decree. ~ ~xeCOrd and is to~ ~s. being filed 4. ue ~neorporated I certify that the Waiver °fNot/ee Under Section 3301(c) °fDivorce Cod tention to Request executed on Febru ?efendant ~ ~, dry 16, 2004 ,,,~ ~e, as required a,,, ~ntry ora D',-A _ to Transr~;'~ ~,u that these do,~.~y the Plaintiff ,~ ~ ~ ~xum 1920 ~ ~r?e Decree 1920 ~ ""' ~xecord. i fu~,~_ ~u~ents are bein,~ ~,~.on February ~ ~-~t~jt ~ ), was · ~*z ar~ enclosed h~,~'~'k~r, eertify that all ~,~,u~e? simultaneo-(.~' zo. o4 by the ~,~w~tl~. ~'tner floeument s -~mred by Rule Respectfully submitted, LAW FIRM OF SUSAN KAy CANDIELLO, p.C. $ ~ ~ PA I.D. # 64998 Meehaniesburg PA 17050 (717) 7%.~ ~3 0 JILL FRANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~., PENNA. Plaintiff VERSUS JEFFREy EUGENE FRANK Defendant N o. 03-2972 DECREE IN DIVORCE AND NOW, DECREED THAT Jill Frank Jeffrey Eo Frank AND ARE DIVORCED FROM THE BONDS OF MATRIMONY, __. , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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; BYT~E COURT:/