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HomeMy WebLinkAbout09-6478MICHAEL GRANT Plaintiff V. JENNI GRANT AKA JENNI FRAKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 -to 448 CIVIL TERM CIVIL ACTION - LAW 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 the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at 1 st Floor, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1 } MICHAEL GRANT Plaintiff V. JENNI GRANT AKA JENNI FRAKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - G V 7,r CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Michael Grant, who currently resides at 468 High Street, Harrisburg, Pennsylvania 17113, since March 2008. 2. Defendant is Jenni Grant aka Jenni Fraker, who currently resides at the marital residence, 6 Fox Hollow Lane, Carlisle, Cumberland County, Pennsylvania, 17015, since October 2003. 3. Defendant has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 11, 2003 at Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff respectfully requests this Honorable Court enter a Decree of Divorce under §3301(c) or under §3301(d) and such other relief, including but not limited to equitable distribution of marital property and/or attorney's fees, as may be appropriate. LAW OFFICE OF DIRK BERRY, ESQ. Dirk E. Berry, Esquire Attorney for Plaintiff 44 S. Hanover Street Carlisle, PA 17013 (717) 243-4448 dlip 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. § 4904, relating to unworn falsification to authorities. 0? l Date MICHAEL GRANT r''Tytil 9 2009 SE 25) cI ,h $338.50 PD AIT*4 CIG'K o?5 ( '?` As 1091 MICHAEL GRANT Plaintiff V. JENNI GRANT AKA JENNI FRAKER Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0..W- 6478 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT Kindly Reinstate the complaint at the above-captioned docket number in accordance Pa. R.C.P. 1930.4 (g). LAW OFFICE OF DIRK BERRY, ESQ. Dirk E. Berry, Esquire 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 FILE "(d, E 2009 NOV 25 P 12; 0 w vtt ~ l a.,~~~ vs. r° y1 vl ~ (l rA-y~ In the Court of Common Pleas of Cumherland County, Pennsylvania No. ~ / - (~ 7 / y Civil. 19 C rvw ~ A~~~ - L Avg ~~~-~~ ~~~~~ ~r~, To Prothonotary ~d' ~G '~U ~ ~~' 19 ,~ec~~` a 3 7 y7G Attorney for Plaintiff No. Term, 19 ~.. .vs.• t Filed PRAECIPE 19 Atty. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,~ T, ~~«=~`'-'n~4;r~ _,~ iii , ~~ ''.•~. ji Sheriff ~~,~~~t~, of ~rurat,rr~~tt~ ,~::~~~ Chaef Depruty 2~IO FEB 22 ~~ 9~ ~a ) Edward L Schorpp ~i~,"v ; Solicitor OFF F - -rx ~ ~ r,L,~,1;~ 5 ; ; ,. v?Y Michael Grant Case Number vs. 2009-6478 Jenni Grant a/k/a Jenni Fraker SHERIFF'S RETURN OF SERVICE 02/16/2010 09:24 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 16 2010 at 2124 hours, he served a true copy of the within Complaint in Divorce, upon the within named defendant, to wit: Jenni Grant a/k/a Jenni Fraker, by making known unto herself personally, at 6 Fox Hollow Lane, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.84 February 17, 2010 SO ANS RS, R Y R ANDERSON, SHERIFF B'Y Deputy hariff (rj Cr,~.m`VSuite Sheaf, Telec ofl. I! ~c. MICHAEL GRANT Plaintiff V. JENNI GRANT AKA JENNI FRAKER Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09- b478 NO. 03- CIVIL TERM CIVIL ACTION - LAW IN DIVORCE s'TT CLi -c ra r t7 C-'7 N PRAECIPE TO WITHDRAW APPEARANCE AS PLAINTIFF COUNSEL Kindly WITHDRAW my appearance as Plaintiff Counsel in the above-captioned matter in accordance with the attached Order dated October 18, 2011. LAW OFFICE OF DIRK BERRY, ESQ. Dirk E. Berry, Esquire 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 THE LAW OFFICE OF DIRK BERRY, ESQ. 44 S. Hanover St Carlisle, PA 17013 (71 2J-x_-4448 MICHAEL GRANT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNI GRANT AKA JENNI FRAKER Defendant : NO. 09 - 6478 CIVIL TERN CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this _ day of &,* °er , 2011, upon consideration of Counsel's Request for Leave to Withdraw as Plaintiff Counsel, and all other matters of record, the request of Dirk E. Berry, Esquire, for Leave to Withdraw as Plaintiff Counsel for Plaintiff Michael Grant, in the above-captioned matter, is hereby GRANTED. JenniFraker 6 Fox Hollow Lane Carlisle, PA 17015 Defendant Dirk E. Berry, Esquire Counsel for Plaintiff Michael Grant 468 High Street Harrisburg, PA 17113 Plaintiff By the Court, I? 10. L. a dl J. MICHAEL GRANT JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, P ENNSYLVANIA V. :NO. 09-6478 JENNI GRANT AKA JENNI FRAKER :CIVIL ACTION - LAW rn CO -- Defendant AN DIVORCE z .° ` (5r- `- ter' PRAECIPE TO TRANSMIT RECORD -..? r 2., {Cj To the Prothonotary: C:) p, ?- zn3 C Transmit the record together with the followin informati n -+ a t th u t f & > , g o , o e co r o entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under § 3301(d) of the Divorce Code. 2. Date and manner of service of Complaint: February 16, 2010 by the Sheriff. 3. Date of execution of the `Affidavit of Separation' required by § 3301(d) of the Divorce Code: September 14, 2010. 4. Date of filing and service of the Plaintiffs `Affidavit of Separation' upon the Defendant: February 16, 2010 by the Sheriff. 5. Related claims pending: None. 6. Date and manner of service of the `Notice of Intention to Request Divorce Decree` (a copy of which is attached). September 30, 2011 by the Sheriff. _ Date: Il I -i I A&LI- A,,d5? Signature of Plaintiff -1 rn to C:1 to -0 ca- ZO atr? ? POSTNUPTIAL AGREEMENT THIS AGREEMENT made this 2of December, 2011, by and between, Jenni Fraker of Cumberland County, Pennsylvania, hereinafter referred to as "Wife," and, Michael Grant, of Dauphin County, Pennsylvania, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties hereto were duly married to each other on October 11, 2003, in Carlisle, Cumberland County, Pennsylvania and that there were no children born of the marriage; and WHEREAS, it is the intention of the parties to enter into an Agreement under which their respective financial and property rights, and all other respective rights, remedies, privileges and obligations to each other arising out of the marriage -1- relation, or otherwise, including those rights over which the Court retained jurisdiction, will be fully prescribed and bounded thereby; and WHEREAS, the parties hereto have been fully, separately, and independently apprised and advised of their legal rights, remedies, privileges, and obligations arising out of the marriage relationship, or otherwise, by counsel of their own choice and selection, to the extent each has deemed necessary and appropriate. WHEREAS, both parties have made independent inquiry and investigation with respect to their respective legal rights, remedies, privileges and obligations, arising out of the marriage, or otherwise, and each has been fully informed of the other's assets, property, holdings, income and prospects; and WHEREAS, the parties hereto each warrant and represent to the other that they each fully understand all the terms, covenants, conditions, provisions, and -2- obligations incumbent upon each of them by virtue of this Agreement to be performed or contemplated by each of them hereunder, and each believes the same to be fair, just, reasonable and to the respective individual best interest of each, and not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either; NOW THEREFORE, the recitals set forth hereinabove, being incorporated by reference herein, and deemed an essential part hereof, and further consideration of the promises contained within this Agreement, the parties hereto intending to be legally bound, mutually agree as follows: 1. PERSONAL RIGHTS: Wife and Husband may and will, at all times hereafter, live separate and apart. Each will be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if -3- she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable. This provision will not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes which led to, or resulted in the continuation of their living apart. Wife and Husband will not molest, harass, disturb, or malign each other or their respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 2. FULL DISCLOSURE: The parties hereby acknowledge and agree that each of them has made to the other a true, full, complete disclosure of all property and interests which either or both of them have in all marital and separate property -4- IT- as defined by the Pennsylvania Divorce Code and they do hereby waive an inventory of said property. The parties further acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal of same, and no statement or representation by either party as to value will be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. Both the legal and practical effect of this Agreement in each and every respect and the financial status of the parties has been fully explained to both parties by their respective counsel, and they both acknowledge that this Agreement is reasonable and that it is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon -5- either. The parties agree, further, that to expedite this agreement in the most economical way as possible, both parties shall proceed pro se. 3. MUTUAL RELEASE: Wife and Husband each do hereby mutually remise, release, quit claim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of each other, of whatsoever nature and wheresoever situate, which she or he now has or at any time hereafter may have against each other, the estate of each other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of each other or by way of dower or courtesy, or claims in the nature of dower or courtesy of widow's or widower's rights, family exemption or similar -6- 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 (a) Pennsylvania (b) any State, Commonwealth or Territory of the United States, or (c) any other country, or the right which both parties may have or at any time hereafter have for past, present, or future spousal support or maintenance, alimony, alimony pendente lite, 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 part thereof. It is the intention of Wife and Husband to give to each other by the execution of the Agreement a full, complete and general release with respect to any and all property of any kind -7- 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 part thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein. 4. DEBTS: Both parties represent and warrant to the other party that they have not incurred any debts to which the other, or the estate of the other may be held liable since the date of separation or the date of filing of the Divorce Complaint except as provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party nor the estate of the other party will be liable. Husband and Wife agree that should any debt or liability be incurred by one -8- party, that party acknowledges that such debt is the sole responsibility of the person who incurred that debt and any and all claims made against the other on account of such debt may be deducted from the share to which the person incurring the debt is entitled as the result of this Agreement. The parties acknowledge and warrant that no marital debt exists, except as follows. 5. PERSONAL PROPERTY: Husband and Wife each will continue to own and enjoy, free of any claim or right of the other, all of his or her personal effects, such as clothing, jewelry, and the like, wherever located. The parties have mutually agreed on the division of their household goods, furnishings and furniture. Husband agrees that all property in the possession of Wife will be the sole and separate property of Wife. Wife agrees that all property in the possession of Husband will be the sole and separate property of Husband. The -9- - - TV parties hereby relinquish any and all right or claim to such articles chosen by the other. Henceforth, each of them will own, have and enjoy independently of any claim or right of the other, all times of personal property of every kind, now and hereafter owned, or held by him or her, with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. 6. REAL ESTATE: The parties hereby acknowledge that during the marriage they held, as tenants by the entireties, the fee simple interest in the marital home located at, 6 Fox Hollow Lane, Carlisle, Cumberland County, Pennsylvania 17015. The parties acknowledge that the property has equity and agree that it should be the sole and separate property of the Wife. Husband agrees to voluntarily surrendered and relinquish all rights to said property. 7. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The -10- parties hereby agree and express their intent that any transfers of property pursuant to this Agreement will be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), as amended, specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provisions of said Act. 8. FINANCIAL ACCOUNTS/AUTOMOBILES: Husband and Wife have already divided all, if any, bank checking and savings accounts, life insurance policies, financial instruments and accounts, certificates of deposit, cash, stocks, bonds, and accounts to the parties' satisfactions. Each party will retain sole ownership of all financial instruments and accounts currently in their possessions. 9. TAXES: The parties agree and acknowledge that prior to the last full calendar year, the parties separately filed Returns for Federal and State income tax purposes. The parties agree that they will file separate future Tax Returns for all tax obligations, and any tax obligation will be the responsibility of the individual party. Husband and Wife warrant that they have heretofore paid all taxes on such prior Returns including the calendar year ending December 31, 2010; that they do not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is pending or notice thereof received. Husband will give Wife notice of any deficiency assessment. Wife will give Husband notice of any deficiency assessment of which they individually or -12- collectively become aware. The parties agree that should it ultimately be determined that any deficiency and/or penalty exist with respect to the jointly filed returns, the party responsible for the erroneous preparation and/or improper or nondisclosure of information which has resulted in the deficiency and/or penalty, will be solely responsible for the payment of the amount ultimately determined to be due, together with interest, as well as expenses that may be incurred to contest the assessment. Should said sums become due as a result of individually filed returns, the party which filed said return will be solely responsible for all sums due, and will indemnify and hold harmless the other party for any payment thereon. 10. PENSIONS, RETIREMENT, AND PROFIT SHARING PLANS: The parties will retain as their sole property any interest and the spouse waives any -13- interest in all of each others Pensions, Retirement, and Profit Sharing Plans, or the like, which the parties now own or may own in the future. Both parties will promptly sign all required papers to release any interest they may have acquired. 11. WAIVER OF RIGHTS: The parties waive all other past, present and future rights provided in the 1980 Divorce Code, as amended, or any future laws and amendments including their right to alimony, spouse support, equitable distribution, alimony pendente lite, costs and expenses, and attorney's fees, except as otherwise provided herein. 12. EQUITABLE DISTRIBUTION - GENERAL CONSIDERATIONS: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502(a) of the Pennsylvania Divorce Code, and taking into account the following consideration: the length of the -14- 14. ENTIRE AGREEMENT: Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises, and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises, or representations not herein contained, either oral or written, which will or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement will in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. 15. ADDITIONAL INSTRUMENTS: The Husband and Wife will, at any and all times, upon request by the other party of his or her legal representatives, make, execute, and deliver any and all such other and further instruments, Deeds, notes, -16- releases, car titles, tax forms, insurance forms, or such other writings as may be necessary or desirable for the purpose of giving full force and effect to the provisions of this Agreement and as their respective counsel will mutually agree should be executed in order to fulfill promptly the terms of this Agreement. 16. GOVERNING LAW: All matters affecting the interpretations of this Agreement and the rights of the parties hereto will be governed by the laws of the Commonwealth of Pennsylvania. 17. INDEMNIFICATION UPON BREACH: If for any reason either the Husband or the Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense thereby (including but not limited to legal fees) in enforcing his or her rights, the spouse who failed to perform the obligations agrees to reimburse and indemnify the other spouse and hold him or her -17- harmless for any and all such expenses. Each party hereby agrees to pay all fees and costs of litigation that the other spouse may sustain or incur in any way whatsoever as a consequence of any default or breach by the other spouse of any of the terms or provisions of this Agreement; provided that the party who seeks to recover such fees, and costs of litigation must first be successful in whole or in part, before such liability may be imposed. It is the specific agreement and intent of the parties that the breaching or wrongdoing party will bear the burden and obligation of any and all costs and expenses and counsel fees incurred by him or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 18. INDEPENDENT COVENANTS: Each of the respective rights and obligations of the parties hereunder will be deemed independent and may be -18- enforced independently irrespective of any of the other rights, and obligations set forth herein. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction that is applicable to this Agreement, such illegality or invalidity will not affect in any way other provisions hereto, all of which will continue, nevertheless, in full force and effect under the law of the country, state, or other jurisdiction that is applicable to this Agreement. 19. NO MERGER IN 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 the Agreement may be incorporated by reference or in substance but will not be deemed merged into such judgment or decree of absolute divorce and will be entirely independent thereof. -19- _ m 20. SUBSEQUENT DIVORCE: There is pending between the parties and action for divorce instituted in the Court of Common Pleas of Cumberland County, Pennsylvania. The Husband and Wife agree that their marriage is irretrievably broken and that the same will be dissolved pursuant to Section 3301(c) of the Divorce Code of Pennsylvania (Mutual Consent) (No Fault). The parties therefore agree as follows, TO WIT: A. Both the Husband and Wife will file with said court an affidavit consenting to the entry of a decree in divorce. B. Unless either party will have requested counseling prior to the filing of said Affidavit of Consent, the right to request such counseling will be deemed waived. C. Wife will assume and fully be held liable for any and all costs -20- 7 associated with the transfer of the deed of the property known as 6 Fox Hollow Lane, Carlisle, Cumberland County, Pennsylvania, said transfer will take place no later than Ninety (90) days after the date of this Postnuptial Agreement. D. The Court of Common Pleas of Cumberland County, Pennsylvania will retain jurisdiction over the parties and causes of action resolved herein. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the day and year first above-written, and they hereby acknowledge and agree that the provisions of this Agreement will be executed in triplicate originals. WITNESS: -21- COMMONWEALrn OP PENNSYLVANIA Notarlai Seal public Peter L. Bonafede III, Notary Public Mountvtlle Wm, M j 14, 2012 VANIA W;OC[A'r?ON or NOTARIES Moil R ?I i211 tr//! T'E1 R FEAE T'r (SEAL) j6wN1 (SEAL) rOMMONWEALTH OF PENNSYLVANIA NOTARIAL 3bAr M ORGAN .N DEMARK ;vucar 'ublic Borough, Cumb enarw county ssion Expiras Septemoer 6, 2015 -22- ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the 2Y day of December, 2011, before me, the undersigned officer, personally appeared A1(##Ci-_QVWT ------, known to me (or satisfactorily proven) to be the person'whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 6ot Arr G 0A*r2f ;2V (SEAL) ary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Peter L. Bonafede III, Notary Public Mountville Boro, Lancaster County My Commisrlan Bores July 14, 2012 MEMBER, l'"MYLVIA ASSOCTMON OF NOTARIES -23- -)4' ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ? day of December, 2011, before me, the undersigned officer, personally appeared , Zl rCc, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) otary Public COMMONWEALTH OF PENNSYLVANIA NIOTARIAL SEAL. MOR6AN DEMARK, Notan: ?11131ic Carlisle Borough, Cumberianc county My Commission Expires September 6, 2015 -24- ,A- #MICHAEL GRANT, Plaintiff, VS. JENNI GRANT a.k.a JENNI FRAKER, Defendant #IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ?a CIVIL ACTION - LAW ++ ' c-> - N0.09-6478 Vp ko a0 z -n © IN DIVORCE C5-4 tv AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on September 25, 2009. 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 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. (L 2 ZU Date 9?,?od.a a Michael Grant, Pct Ktr-r- 468 High Street ('9 Harrisburg, PA 17113 ? i FILED-O1 FICE OF THE PR040NOTARY 2011 DEC 29 PM 2: 24 PENNSYLVANIA TY MICHAEL GRANT, ) IN THE COURT OF COMMON PLEAS Plaintiff, ) CUMBERLAND COUNTY, VS. ) PENNSYLVANIA JENNI FRAKER, ) Defendant ) CIVIL ACTION - LAW NO. 09-6478 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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. lzh, ??? l7 J Date Michael Grant, Plaintiff 468 High Street Harrisburg, PA 17113 #MICHAEL GRANT, ) Plaintiff, ) VS. ) #IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JENNI GRANT a.k.a JENNI FRAKER, ) c? Defendant ) CIVIL ACTION - LAW NO. 09-6478 ? ca <o ' - _ * IN DIVORCE o = ©'+? a ` = c AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on September 25, 2009. 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 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. 1?ii Date ?-"k enni Fraker, Defendant 6 Fox Hollow Lane Carlisle, PA 17015 . NE. PROTHONOTW 2611 DEC 29 PM 2.. 24 CUMBE ? YL?AKI lY PEM MICHAEL GRANT, Plaintiff, ) VS. ) JENNI FRAKER, ) Defendant ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-6478 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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. ??a I I Date C 4nni Fra er, Defendant 6 Fox Hollow Lane Carlisle, PA 17015 N? D THE PRO HONOTARY ni i DEC 29 PH 2* 24 CUMBERLAND AN A TY MICHAEL GRANT, Plaintiff, Vs. JENNI GRANT a.k.a JENNI FRAKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-6478 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Complaint was served via certified mail on October 3, 2011. Defendant has acknowledged with Acceptance of Service. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff December 28, 2011, by Defendant December 28, 2011. 4. Related claims are settled as agreed in the Postnuptial Agreement. 5. Date of Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: by Plaintiff by Defendant Date Je ni Fra?er, Defendant 6 ox Hollow Lane Carlisle, PA 17015 #MICHAEL GRANT, Plaintiff, ) vs. ) JENNI GRANT a.k.a JENNI FRAKER, ) Defendant ) ) #IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-6478 IN DIVORCE ORDER OF COURT AND NOW, this 30 day of 2011, the economic claims raised in the proceedings having been resolved in accordance with a Postnuptial Agreement dated December 28, 2011, the appointment of the Master is vacated and parties can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, .,4A KevinfA. Hess, P.J. CC:/Michael Grant, Plaintiff pro se Jenni Fraker, Defendant pro se Npp- 30 !a1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL D GRANT V. JENNI GRANT AKA JENNI FRAKER : NO. 09-6478 DIVORCE DECREE AND NOW, 4)C«„ A? 30` Z.n i , it is ordered and decreed that MICHAEL D GRANT JENNI GRANT AKA JENNI FRAKER bonds of matrimony. , plaintiff, and , defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, f Attest- J. Pr thonotary a a? r? v?