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Home My WebLink About10-4078r! F:IFILEMents\13910Franks, 13910.LComplaint l Revised: 6/9/10 11:03AM . Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY„R ' :"' ` rr,A"FY MARTSON LAW OFFICES I.D. 29943 2010 ?ti l1 ?,?'ti 9? 0 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JEFFREY R. FRANKS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JUDITH E. FRANKS, Defendant NO. 2010- 114-N 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. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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 WHEO YOU CAN GET LEGAL HELP. 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, Pennsylvania 17013 Telephone (717) 249-3166 ????y3 ? 90 JEFFREY R. FRANKS Plaintiff V. JUDITH E. FRANKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- CIVIL ACTION - LAW : IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(C) or 3301 (D) OF THE DIVORCE CODE 1. Plaintiff is Jeffrey R. Franks, who currently resides at 6 Woodview Drive Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is Judith E. Franks, who currently resides at 30 Carter Place Carlisle, Cumberland County, Pennsylvania 17013 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 20, 2004 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for 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 requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. MARTSON LAW OFFICES By Hubert X. Gfroy, Esquire 10 East High Street Carlisle, PA 17013 1 (717) 243-3341 Date: ( 1 e Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. JE Y VRANKS Date: ~~fiLEf;~-i;i:;~~.r~ }rye/ ~ 1 ~ . a 2010 .~i}i'~ 3~ ~is'1 ~ 1 ~ l37 JEFFREY R FRANKS, Plaintiff v. JUDITH E. FRNAKS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CASE NO. 2010-4078 CIVIL ACTION -LAW IN DIVORCE ENTRY OF APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY Please enter the appearance of the undersigned as counsel on behalf of Defendant, Judith E. Franks, in the above-referenced matter. Respectfully submitted, i~ ~ . Mark A. Mateya, E uire Pa. I.D. No. 78931 Attorney for Defendant 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Date: ~0 2 G ~ 0 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Hubert X. Gilroy, Esq. Martson Law Offices 10 East High Street Carlisle PA 17013 Mark A. Mateya, quire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 ~j' (717) 241-3099 Fax Dated: F.-TILESTlienM13910 FrankaV3910.I.Acc0fSvc Revised: 8/5/10 2:49PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 261D AU?a 13 i',,35 10 East High Street i Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JEFFREY R. FRANKS : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JUDITH E. FRANKS, Defendant NO. 2010- 019 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE Is Mark M. Mateya, Esquire, as attorney for Defendant, hereby acknowledge that I have received a certified copy of the Complaint and accepted service of the same on behalf of Defendant in the above-captioned matter on or about June 29, 2010. Date: August 2010 MARTSON LAW OFFICES By M k M. Mateya 55 West Church Avenue Carlisle, PA 17013 (717) 241-6500 Attorney for Defendant JEFFREY R. FRANKS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IA hr C,a G' ~7 `i"'p v. NO. 2010-4078 ''`~°1 a= ~ -~ CIVIL ACTION -LAW ~ ~ r-~=-..: ; ~c ~ JUDITH E. FRANKS, .:._'~ ~`'-~ .~- _. ; <~:`; `; ' Defendant IN DIVORCE ~=~'=~ ' ~~= `~' ~~ -; ~~~, ~ . ~~ , AFFIDAVIT OF CONSENT -`° `~= `:' - ° ` _ 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed .~. ; -an June 17, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: to - /~,~ - ~2~5 / p Jeffry . Fr s, Plaintiff JEFFREY R. FRANKS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, N0.2010-4078 ~; ~, CIVIL ACTION -LAW -ry=: ~ ..... L ! - ~.... r-~-t JUDITH E. FRANKS, ~, .~' ~-; - } , Defendant IN DIVORCE ~`' .~ ~~4~ ~~'', ii ~~~ ~- w~ ~ ~ ~-~ WAIVER OF NOTICE OF INTENTION TO REQUEST ~~, ~ ~ ` ®=.` j ENTRY OF A DIVORCE DECREE UNDER=_= ~? .°~ §3301~c1 AND § 3301(dl 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: D -/3 - D `~~~ Jef ey R. ranks, Plaintiff w.-/ F:\FILES\Clients\13910 Franks\I3910.I.Prae Revised: 10!21110 10:39AM ~~ Y . ~ ~'~~ R t Z~J~ OAT 22 P~ 3~ ~ ~ Hubert X. Gilroy, Esquire a ~3~t,iu ~, ,~ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ~ ~' ~ ~ ~~'~~'~~' }~' ~ ~~ MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JEFFREY R. FRANKS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0. 2010-4078 CIVIL ACTION -LAW JUDITH E. FRANKS, Defendant 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 3301(c) or 3301 (d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: June 17, 2010. Acceptance of Service was signed by Counsel for Defendant and filed with Court August 13, 2010. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the Plaintiff s affidavit of consent required by Section 3301 (c) of the Divorce Code; October 14, 2010; by the Defendant; October 20, 2010. (b)(i) Date of execution of the Plaintiffs affidavit required by § 3301(d) of the Divorce code: (b)(ii) Date of filing and service of the Plaintiff's affidavit upon the respondent: 4. Related claims pending: None. ~_ , 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 14, 2010. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 21, 2010. MARTSON LAVU OFFICES By .~ V Hubert X. 'ray Ten East igh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: October 21, 2010 JEFFREY R. FRANKS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0. 2010-4078 CIVIL ACTION -LAW JUDITH E. FRANKS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 17, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ~~-''~ ,~~/ ~f d __~~"`~` Judith E F s, Defendant `~ ~~ Hd ZZ .t~0 01 ~Z ndJl'? p101-t I C1<~d ~N ~ -~~ ~~1.+!Q-O~~il~ JEFFREY R. FRANKS Plaintiff v. JUDITH E. FRANKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-4078 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND ~ 3301Ld) 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ ~ (~~ r Judit .Franks, Defendant ~f ~ 9 t ,ka~~ ,^w j .. ,, ~~~.~~~~ ~le~~~~~~86~ti ~~ :~ ~~ zz loo o~~~ n'di~rlUri~~ Odd .~~.~ ~~,~ a~! ~~~-C~~71~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY R. FRANKS V. JUDITH E. FRANKS NO. 2010-4078 DIVORCE DECREE AND NOW, , ~_, it is •rdered and decreed that JEFFREY R. FRANKS plaintiff, and JUDITH E. FRANKS ,defendant, are divorced from the bonds of matrimony. 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.") Marital Settlement Agreement dated July 12, 2010 is incorporated into this Order. By the rt, Attest: J. Prothonotary N ~ ~o C~~ ~' - a im IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. FILE NO. a ??61 7d IN DIVORCE ?iCrb Defendant NOTICE TO RESUME PRIOR SURNAME 20 T?v 4z. Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the ..? #-/, day of 9 Cf f , hereby elects to resume the prior surname of Lam' . 1'1?7- and gives this written notice pursuant to the provisions of 54 P. . 704. DATE: Signature ? c Si of name being resumed COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND / On the day of 1 u_t__?$y , 201 before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. 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