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HomeMy WebLinkAbout02-0576IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY FRANK, : PLAINTIFF _. V. -' BRIAN FRANK, : DEFENDANT : NO. ~~~z_CIVIL TERM IN DIVORCE COMPLAINT 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 fights 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 the Cumberland County Courthouse, Carlisle, Pennsylvania. 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, PA (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY FRANK, :. PLAINTIFF · : BRIAN FRANK, : DEFENDANT : NO. ~)~L ~,~ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Amy Frank, by and throug~ her attorney, Courtney L. Kishel, Esquire and The Law Offices of Richard C. Gaffney, who files this Complaint in Divorce under Sections 3301(c) and (d) of the Divorce Code, and who, in support thereof, avers as follows: 1. The Plaintiff is Amy Frank who presently resides at 443 North 2nd Street, Wo:-iifleysburg, Cumberland County, Pennsylvania 17043. She has resided there for the past five years. The Defendant is Brian Frank, who resides at 1207 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania 17013, since January 26, 2002. Both parties have been bona fide residents of the Commonwealth for at least six months prior to the filing of this Complaint. The Plaintiff and Defendant were married February 14, 1990 in Camp Hill, Cumberland County, Pennsylvania. The parties to this action separated on or about January 26, 2002 and have continued to live separate and apart since then. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. o 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. ° Neither the Plaintiff nor the Defendant is in the military or naval service or in any branch of the armed forces of the United States of America or its allies or is otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. 10. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, the Plaintiffprays this Honorable Court to enter a decree of Divorce under Section 3301 (c) of the Divorce Code or, in the alternative under Section 3301 (d), upon both parties filing affidavits consenting to the divorce and after ninety (90) days have elapsed from the date of filing and service of this complaint. Respectfully Submitted, ~e Law Offices .~c~d C. ~fney Courtney L. Kis~l, Esquire PA Supreme Cou~t ID # 81509 2120 Market Street, Suite 101 Camp Hill, PA 17011 (717) 975-9033 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Petition are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Section 4904, relating to unswom falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY FRANK PLAINTIFF V. BRIAN FRANK DEFENDANT NO. 02-576 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE Courmey L. Kishel, being duly sworn according to law, deposes and says that she is the attorney for the Plaintiffin the above-captioned action; that the defendant personally received, at the Law Offices of Richard C. Oaffney, a true and correct copy of the Complaint in Divorce, duly endorsed with a Notice to Defend, by handing said Complaint in Divorce to Defendant; that on Monday, February 4, 2002, Defendant did personally receive said Complaim in Divorce as evidenced by the signed Acceptance of Service form attached hereto; and that the facts set forth in the within Affidavit are tree and correct to the best of her information and beh~f~ ~) Courtney L. Kishe~ LJk~ - ' Attorney for PlalntilI,3 Sworn to and subscribed before me this 4-~ day of ¢'~xv, x~ Notary Public My commission expires: (X~[ ~3[ (3~ 2002. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY FRANK PLAINTIFF BRIAN FRANK DEFENDANT : NO. 02-576 CIVIL TERM _. IN DIVORCE : ACCEPTANCE OF SERVICE I, Brian Frank accept service of the Complaint in Divorce in the above-captioned action on February 1, 2002. Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY FRANK PLAINTIFF V. BRIAN FRANK DEFENDANT NO. 02-576 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) and Section 3301 (d) of the Divorce Code was filed on February 1, 2002. 2. The marriage between plaintiff and defendant is irretrievably broken. 3. Defendant, Brian Frank was served a true and correct copy of the Complaint on February 4, 2002. 4. Ninety days (90) have elapsed from the date of filing and service of the Complaint. 5. I consent to the entry of a final decree of divome after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree 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: Amy Frame'(plaintiff) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY FRANK : PLAINTIFF : ; V. : ; BRIAN FRANK : DEFENDANT : NO. 02-576 CIVIL TERM IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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, attorney's fees and expenses ifI do not claim them before a divorce is granted. 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 unswom falsification to authorities. Amy Frank (Plaintiff) AMY FRANK VS. BRIAN FRANK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW : No. 02-576 CIVIL TERM Plaintiff : : : IN DIVORCE : Defendant : AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 1, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in 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. BRIf~fis,l FRANK (B/efendant) VS. BRIAN FRANK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW : No. 02-576 CIVIL TERM Plaintiff : : : IN DIVORCE : Defendant : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 and expenses ifI do not claim them before a divorce is granted. 3. I tmderstand 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 TO THE PENALTIES OF 18 PA.C.S. §4904 TO UNSWORN FALSIFICATION TO AUTHORITIES. (SEAL) MARITAL SETTLEMENT AGREEMENT THIS MARITAL S~ETTLEMEN~ AGREEMENT (this "Agreement") is made effective as of the /~'~ day 2002 by and between AMY FRANK, an adult individual who resi/tes at 2~4~'North 2nd Street, Wo~iifleysburg, Cumberland County, Pennsylvania (hereinafter "Wife"), and BRIAN FRANK, an adult individual who resides at 1207 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter "Husband")(collectively, the "Parties"). WITNESSETH WHEREAS, the Parties hereto were lawfully married to each other on February 14, 1990 in Camp Hill, Cumberland County, Pennsylvania; and WHEREAS, the parties hereto are the natural and biological parents of four minor children, to wit: Derek James Frank, born June 26, 1989; Ryan Carl Frank, born July 8, 1994; Carter Allen Frank, born June 15, 1999; and Connor Dean Frank, born June 3, 2001 (the "children"). WHEREAS, the parties intend to live separate and apart for the rest of their lives and are desirous of settling completely and finally their respective rights and obligations as between each other; and WHEREAS, each party has represented to the other and has made full disclosure of their assets and income to the other party. NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions hereinafter contained~ and intending to be legally bound hereby, the parties mutually agree as follows: 1. PERSONAL RIGHTS. The parties intend hereafter to live separate and apart. Each party shall be free from any direct or indirect control, restraint, interference or authority in his or her personal or business activities in all respects as fully as if he or she were single or unmarried. Each party may reside wherever and with whomever he or P~el she desires. The Parties shall not interfere with, harass, or malign each other or the respective families, friends, colleagues, employers or employees of each other. 2. DIVISION OF PERSONAL PROPERTY. All personal property that was acquired separately by each of the parties prior to the marriage, or after separation, shall remain the separate property of the party who has possession or control of it as of the date of execution of this Agreement. Husband and Wife hereby acknowledge and agree that they have already equitably divided between them to their mutual satisfaction,' all of their personal effects, automobiles, vehicles, household goods and furnishings, checking accounts, savings accounts, cash and cash equivalents, investments, stocks, bonds, mutual funds, securities, and all other articles of personal property, tangible or intangible, without limitation by specification, owned or acquired by both or either of them during their marriage. Each party shall keep and retain sole ownership, control and enjoyment of all property in his or her possession or control as of the date of execution of this Agreement. Husband and Wife specifically release and waive any and all interest, claim or right that he or she may have as to the whole or any part of said property that is in the control or possession of the other party. With respect to this property held separately, each party agrees to indemnify and hold the other harmless from any liability, cost or expense associated with such separate property. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. 3. MARITAL RESIDENCE. Husband and Wife hold title as tenants by the entireties the premises located at 443 North 2aa Street, Wormleysburg, Pennsylvania (the "premises"). Husband and Wife covenant and agree that Wife shall continue to reside in the premises until such time as Wife is able to refinance the premises into her name alone in accordance with paragraph 4 of this Agreement. There presently are outstanding against the premises two mortgages, the first mortgage in favor of Aurora Loan Services, Inc. has an approximate outstanding balance Page 2 of $65,010.35, and the second mortgage in favor of Litton Loan Servicing, LP and has an approximately outstanding balance of $18,000.00. The Parties represent and warrant that all of the principal, interest and other amounts due under the mortgages prior to the effective date of this Agreement have been paid in full. As of February l, 2002, Wife has assumed responsibility for payment of the mortgages. Wife hereby agrees to continue to be responsible for the timely payment of all principal, interest and other amounts due under the mortgages. Wife shall also be responsible for payment of all real estate taxes and homeowners insurance on the premises. Wife shall be entitled to claim the federal income tax deductions (e.g. for mortgage interest and real estate taxes) available for the premises. Husband and Wife acknowledge and agree that at the time Wife refinances the home in accordance with paragraph 4 of this Agreement, Husband shall set over, transfer and assign all of his right, title and interest in the premises to Wife. Husband shall also transfer and assign ail of his right, title and interest in and to insurance policies of any nature whatsoever relating specifically and solely to said premises and the contents therein. Should either of the Parties die before the premises is refinanced in accordance with paragraph 4 of this Agreement, the surviving party shall become the sole owner of the premises. Upon entry of a final decree in divorce, the Parties, or their respective heirs, executors, administrators, successors, or assigns, shall not take any action inconsistent with this Agreement regarding title to the premises. Husband and Wife further covenant and agree that they will cooperate with each other in matters relating to the premises and will execute on demand by the other party any and all documents necessary to accomplish the intent of this paragraph. 4. BANKRUPTCY PROCEEDINGS. Husband and Wife are parties to a Chapter 13 bankruptcy action filed with the United States Bankruptcy Court for the Middle District of Pennsylvania and docketed at No. 00-04182RJW-1. The Parties are obligated to make payments in the amount of One Hundred Dollars ($100.00) per month on the bankruptcy. The bankruptcy action presently has an outstanding balance of Page 3 approximately One Thousand Four Hundred Seventy-Five Dollars ($1,475.00). As of February 25, 2002, Wife has assumed responsibility for making the bankruptcy payments. Wife hereby agrees to continue to be responsible for timely payment of the monthly bankruptcy payments until such time as the bankruptcy obligations are paid in full and the bankruptcy action discharged. The Parties acknowledge and agree that Wife is unable to refinance the premises discussed in paragraph 3 above until the bankruptcy action docketed at No. 00- 04182RJW-1 has been discharged. Wife hereby agrees to apply for refinancing of the premises within 90 days of receiving notice from the Bankruptcy Court for the Middle District of Pennsylvania that the bankruptcy action has been discharged. Wife further agrees to attempt to refinance the home at least once annually thereafter until such time as she is able to refinance the premises into her name alone. 5. RETIREMENT BENEFITS. Husband and Wife hereby specifically release and waive any and all interest, claim, or right that he or she may have to any and ail retirement benefits (including pension, 401 (k) or other profit sharing benefits) or other similar benefits of the other party. The Parties further acknowledge and agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purpose of this Paragraph. 6. ALIMONY. Husband and Wife represent and acknowledge that they each have sufficient property to provide for his or her reasonable needs and that each is able to support himself or herself through appropriate employment. Therefore, notwithstanding anything to the contrary contained ia the Divorce Code, as amended, Husband and Wife hereby expressly waive, discharge and release any and all rights or claims which he or she may have now or hereafter by reason of the parties' marriage to aiimony, alimony pendente lite, support and/or maintenance or any other such benefits resulting from the parties' status as husband and wife. Page 4 7. CHILD SUPPORT. Commencing with the date of this Agreement, Husband shall pay to Wife the sum of One Thousand Dollars ($1,000.00) per month, payable in two equal installments of Five Hundred Dollars ($500.00) each on the 10m and 25th days of every month, for the care, support and maintenance of the Parties' minor children, until last of their children is emancipated. A child shall be deemed emancipated for the purposes of this Agreement upon the occurrence of the child's: (a) reaching the age of eighteen (18) years, or graduation from high school, whichever occurs later; (b) marriage; or (c) death. 8. CUSTODY. Husband and Wife shall joint legal custody of their minor children. Wife shall have primary physical custody of the children. Husband shall have partial physical custody of the children as follows: two of the children will spend every other weekend with Husband, so as to enable all four children to spend one weekend per month with Husband. Husband shall be responsible for transportation of the children with the times for pick-up and return of the children to be agreed upon from time to time by Parties. Husband shall also have such other periods of custody as may be agreed upon from time to time by the Parties. The Parties agree that neither Husband nor Wife shall relocate to a location that is greater than 50 miles from their current residence without the prior written consent of the other party or prior court approval. The Parties shall communicate and cooperate in all matters concerning the child's health, safety, education and general welfare. The Parties shall not do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 9. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating to the subject matter of this Page 5 Agreement to which such party may reasonably require to make an informed decision regarding this Agreement. 10. WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS. During the course of the marriage, Husband and Wife have incurred certain liabilities. Each party represents, covenants and warrants that, to the best of his or her knowledge, and except as specifically otherwise provided for by the terms of this Agreement, as of the effective date of this Agreement: a) no unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable; b) there are no actions, suits or proceedings pending or threatened against Husband and/or Wife of affecting any jointly held properties or rights, at law or in equity or before any federal, state, municipal or other governmental agency, nor is Husband or Wife aware of any facts which to his or her knowledge might result in such action, suit or proceeding; c) if any such liabilities, actions, suits or proceedings should be determined to have existed as of the date of execution of this Agreement or thereafter, the party who incurred that debt shall exonerate and indemnify the other party against and hold the other party hamdess from any liability or expense, including counsel fees, incurred as a result of those liabilities; and d) he or she shall not incur any liability whatsoever in the future for which the other party or the estate of the other party may be liable, and shall exonerate and indemnify the other party against and hold the other party harmless from any such damages resulting from such liability, including reasonable counsel fees, incurred by the other party. 11. EXECUTION OF OTHER DOCUMENTS. Each of the parties shall on demand execute and deliver any document and do any act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney fees, costs, and other expenses reasonably incurred as a result of the failure. P~e6 12. RELEASE OF ALL CLAIMS. Except as specifically set forth in this Agreement, each party to this Agreement releases the other from all claims, liabilities, debts, obligations and causes of action that have been incurred during the marriage between the parties. 13. RELEASE OF TESTIMENTARY CLAIMS. Except as specifically provided for in this Agreement, the parties hereby mutually waive and release to the other any right to: (a) inherit from the other any part of the estate of the other at his or her death; (b) receive property from the estate of the other by bequest or devise, except under a Will or Codicil dated subsequent to the effective date of this Agreement; (c) act as a personal representative of the estate of the other on intestacy; (d) act as executor under the Will of the other, unless nominated by a Will or Codicil dated subsequent to the effective date of this Agreement. 14. BREACH. In the event of a breach of any of the provisions of this Agreement by one of the parties, the remedies available to the non-breaching party are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories of equity, under the Divorce Code, as amended, and shall not be limited to those remedies specifically referred to in this Agreement. If either party breaches any provision of this Agreement, the breaching party shall exonerate and indemnify the non-breaching party and hold the non-breaching party harmless for all losses resulting from the breach, including, but not limited to, counsel fees, and costs relating to such breach, whether or not litigation is instituted. 15. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, the Law Offices of Baturin & Baturin for Husband, and the Law Offices of Richard C. Gaffney for Wife. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully infoitt~ed as to their legal rights P~e7 and obligations arising out of their marriage and impending divome, including ail fights available to them under the Pennsylvania Divorce Code of 1980, as amended. Each party confinns that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair and reasonable under the circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegai agreement or agreements. 16. INTENTION WITH RESPECT TO DIVORCE. The Parties intend to secure a mutual consent, no-fault divorce pursuant to the provisions of Section 3301 (c) of the Divorce Code of 1980, as amended. The Parties intend that this Agreement shail be incorporated into, but not merged with, any divorce decree which may be entered and the Court of Common Pleas entering the divorce decree shall retain continuing jurisdiction over the Parties and the subject matter of this Agreement for the purpose of enforcement of any of its provisions. It is the further intention of the Parties that this Agreement shail continue to be effective after entry of a finai decree in divorce between the Parties, and except as otherwise provided for in this Agreement, this Agreement shail remain in full force and effect even if no finai decree in divorce is entered. 17. WAIVER OR MODIFICATION. No modification or waiver of any of the terms of this Agreement shail be vaiid unless in writing and signed by both Parties. 18. 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 Agreement. No waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent default of the same or similar nature or a waiver of strict performance of any other obligations pursuant to the terms of this Agreement. The failure of either party to insist upon strict perfoLmanee of any of the terms of this Agreement shail in no way affect the right of such party to enforce those terms in the future. P~e8 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and ail prior agreements and negotiations between them. There are no other express or implied, orai or written representations, terms, covenants, conditions, agreements or warranties, of any nature whatsoever, other than those expressly set forth in this Agreement. 20. SEVERABILITY. If any provision of this Agreement shail be finally detei-J~xined to be void or invaiid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement shail be valid and shail continue in full force and effect. 21. AGREEMENT BINDING ON HEIRS. The terms, provisions and conditions of this Agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective parties hereto, except as otherwise herein provided. 22. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of any of the paragraphs or subparagraphs of this Agreement are inserted solely for convenience of reference, shail not constitute a part of this Agreement and, therefore, shall not affect its interpretation. 24. ADDRESS OF PARTIES. As long as any obligations remain to be performed under this Agreement, each party shail have the affirmative obligation to keep the other informed of his or her residence address, and shail promptly notify the other in writing of any change of address. Page 9 Each party has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WI~.REOF, the parties hereto, intending to be legally bound hereby, have hereunto executed this Agreement the day and year first written above. Witness: Amy ank Page 10, COMMONWEALTH OF PENNSYLVANIA : COUNTY OF ~_1 ,lerq~oXo. t~]O(~ : SS. On this, the ~_~4 ~C~ day of ~t (~~ , 2002, before me, a Notary Public for the Commonwealth of Pennsyl~[n~ia, - personally appeared Amy Frank, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires:~ COMMONWEALTH OF PENNSYLVANIA : ~ao..,~%~-~x : ss. COUNTY OF : On this, the ? day of ~ , 2002, before me, a Notary Public for the Commonwealth of PennSylvania, personally appeared Brian Frank, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public Page 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY FRANK PLAINTIFF BRIAN FRANK DEFENDANT NO. 02-576 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECOR~ To the Prothonotary: Please transmit the record, together with the following information, to the court for the entry of a divorce decree: Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. Date and manner of service of the complaint: February 4, 2002, personal acceptance of service at The Law Offices of Richard C. Gaffney, Camp Hill, Pennsylvania. Date of execution of the affidavit of consent required by § 3301 (c) of the Divorce Code: by the plaintiff May 16, 2002; by the defendant on September 12, 2002. Related claims pending: Property Distribution. The parties have agreed to distribute marital property in accordance with the Marital Settlement and Property Distribution Agreement filed in this Docket September 27, 2002. The parties intend that the Court will incorporate the Agreement into a Decree of Divorce. Please transmit the Agreement to the court for this purpose. Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 4, 2002. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 27, 2002. Richard d. Gaffne~, E~lfir~ - 2120 Market Street ~' Suite 101 Camp Hill, PA 17011 (717) 975-9033 IN THE COURT OF COMMON PLEAS AMY F~a~ PLAINTIFF VERSUS D~TDA~ OF CUMBERLAND COUNTY STATE OF ~~ PENNA. NO. _02-576 DECREE IN DIVORCE AND NOW, DECREED THAT ~ · IT IS ORDERED AND , PLAINTIFF, AND ]~JJ~ ~ ,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; ATTEST: Jo ~ROTHONOTARY