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HomeMy WebLinkAbout07-3166,4. CLARK G. FRESE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007 _31b6 CIVIL TERM LORRA B. FRESE, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANI 17013 MAX J. SMITH, W., Esquire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CLARK G. FRESE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2007 - 316 4 CIVIL TERM LORRA B. FRESE, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, CLARK G. FRESE, by his attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, CLARK G. FRESE, is an adult individual and citizen of the United States of America, whose address is 134 Wheatland Road, Lewisberry, York County, Pennsylvania, 17339. 2. The Defendant, LORRA B. FRESE, is an adult individual and citizen of the United States of America, whose address is 1604 Brandt Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about April 15, 2000 in Dauphin, Pennsylvania. 5. Plaintiff avers that there are no children of the parties under the age of 18. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 7. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. 9. Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. Date: May Z3 '2007 Respectfully submitted, JP L 11,4 MAX J. SMITH, JR., uire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint 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 unworn falsification to authorities. 0 C K G. FRESE O ` CNJ W V I-A ?a - -r' CLARK G. FRESE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2007-3166 CIVIL TERM LORRA B. FRESE, CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 25, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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. 4. 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 decree being handed down by the Court. 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 unworn falsification to authorities. ` Date: September _12-,2007 LORRA B. FRESE C? tY rv i t? cn 'CI Cry ...' n ? o --i y . w ? 7 CLARK G. FRESE, Plaintiff VS. LORRA B. FRESE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3166 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further 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 unworn falsification to authorities. Date: September _12,2007 LO B. FRESE o Co } cn -.? CLARK G. FRESE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2007-3166 CIVIL TERM LORRA B. FRESE, CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 25, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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. 4. 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 decree being handed down by the Court. 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 unworn falsification to authorities. Date: September /c) , 2007 ARK . F SE C= 0 T7 ? c?7 M, rri rn ? L-rj fa CLARK G. FRESE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2007-3166 CIVIL TERM LORRA B. FRESE, CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 29th day of May, 2007, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7006 1820 0002 7944 9088 at Hummelstown, Pennsylvania, addressed to: Lorra B. Frese 1604 Brandt Avenue New Cumberland, PA 17070 Mailing and return receipt cards attached hereto. MAX J. SMITH, JR squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 U N postapo s rLi O CerMW Fee S 2001 Fee "t ROW rem A TW Poetepe & Fees $ a, ? g ci am TO . ._..? ..-- ___#-------- ------------------------- w1D,klrrMe?-? ----- ----° ou" in 0,10 NY06 r?Irr?wMrr e?wrwar? oftnow a IIII"ftdo/o'M Q ?7 K T.7 L,a G/) _ , • r7i -0 pia- tV ( t."? CLARK G. FRESE, Plaintiff VS. LORRA B. FRESE, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3166 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 a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section U 3301 c X330, 1 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: B certified mail on June 1 2007. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff September 18, 2007 ; by Defendant September 12, 2007 (b)(1) Date of execution of the Plaintiff s affidavit required by Section 3301 (d) of the Divorce Code: the Defendant: ; (2) date of service of the Plaintiff s affidavit upon 4. Related claims pending: None Attorney for (X) Plainti ( ) Defendant C7 0 G 'T -n J -n :: - - n 17 [ ` r\) :UFTi -t r-?- C? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CLARK G. FRESE, Plaintiff VERSUS LORRA B. FRESE, Defendant No. 2007-3166 DECREE IN DIVORCE DECREED THAT AND AND NOW, 2007 , IT IS ORDERED AND CLARK G. FRESE , PLAINTIFF, LORRA B. FRESE , 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; Marital Settlement Agreement dated 25 August 2005.- is hereby incorporated into the Final_.J?brce cree. ATTEST: J PROTHONOTARY -,O? AQp Lo- g-- 40/ CLARK G. FRESE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-3166 CIVIL TERM LORRA B. FRESE, CIVIL ACTION -LAW Defendant IN DIVORCE STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW COMES the Plaintiff, CLARK G. FRESE, by his attorney, MAX J. SMITH, JR., Esquire, and the Defendant, LORRA B. FRESE, and respectfully state as follows: 1. The parties hereto were divorced via decree issued by this Honorable court on September 25, 2007. 2. Numbered paragraph 8 of said Decree requires Plaintiff to transfer to Defendant the sum of $80,000.00 from the Clark G. Frese Retirement Plan, which transfer shall be effected through a Qualified Domestic Relations Order (QDRO). 3. The QDRO has been approved by the Plan Administrator for the Clark G. Frese Retirement Plan. WHEREFORE, the parties hereto, intending to be legally bound hereby, jointly request that the attached Qualified Domestic Relations Order (QDRO) be issued by the Court. 3*4 Uq MAX J. SMITH, JR., squire Attorney for Clark G. Frese WITNESS ARK G. FRESE, Plaintiff \ 1 1 LORRA B. FRESE, Defendant r > -a vJ ? Y,itt 1 T1 , i y 4 NOV S71DD]1y CLARK G. FRESE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-3166 CIVIL TERM LORRA B. FRESE, CIVIL ACTION -LAW Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This matter having come before the court, as a Decree in Divorce was granted on September 25, 2007, which included a Marital Settlement Agreement containing certain provisions dealing with the Clark G. Frese Retirement Plan of Clark G. Frese (the "Plan") The court now orders the following as required to carry forth such provisions; the following retirement plan dispositions are made in accordance with 29 U.S.C. Section 105 ERISA Section 206(d) and IRS Code Section 414(p) governing the division of retirement benefit marital property, and the following facts. PARTIES TO THIS ORDER 1. Plan Participant and current address: Clark G. Frese, 134 Wheatland Road, Lewisberry, PA 17339-9410. 2. Participant's Date of Birth: November 16, 1949. 3. Participant's Social Security Number: 175-40-7349. 4. Alternate Payee's Name and Address: Lorra B. Frese, 1605 Brandt Avenue, New Cumberland, PA 17070-1408. 5. Alternate Payee's Date of Birth: August 7, 1965. 6. Alternate Payee's Social Security Number: 192-62-6274. 7. This Order applies to benefits under the Clark G. Frese Retirement Plan, RETIREMENT BENEFITS The Clark G. Frese Retirement Plan is directed to transfer from the Plan Participant's defined contribution plan the sum of $80,000.00 of Participant's monthly pension benefit, to the Alternate Payee. Fifty (50%) percent of the funds shall be transferred immediately, with the remaining fifty (50%) percent to be transferred over the next three (3) quarters as Plan Participant shall arrange with the plan administrator. This Order does not require the Plan to provide any payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. Nothing contained in this Order shall in any way require the plan to provide any form, type, or amount of benefit not otherwise available by law. It will be the responsibility of each party to keep the Plan Administrator apprised of their current address. Each party to this Order will be responsible for the tax liabilities incurred incident to their receipt of the pension plan awarded to them. It is further ordered that a true copy of this Order be served upon the agent for legal service for the Clark G. Frese Retirement Plan and shall take effect immediately and shall remain in effect until further Order of the court. Until this Order is accepted by the plan administrators this court shall retain jurisdiction to modify the same. Dated at Carlisle, Pennsylvania, this Or, day of , 2007. J. r'1)