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HomeMy WebLinkAbout02-0754 F:\FILES\DATAFILE\Gendoc,cur\76932-com t/tde Created: 02104/0211:44:47 AM RevlGed: 02111102"04:50:30 PM 7693.2 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 1. ~ CIVIL ACTION- LAW FRANK J. RAKES, Plaintiff JOAN E. RAKES, 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 the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOUDO 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, Pennsylvania 17013 Telephone (717) 249-3166 FRANK 1. RAKES, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- '7 ()l/. CNIL ACTION /LA W JOAN E. RAKES, Defendant IN DNORCE COMPLAINT 1. Plaintiffis Frank J. Rakes, who currently resides at 10 1 West Butler Street, Mt. Holly, Cumberland County, Pennsylvania 17065. 2. Defendant is Joan E. Rakes, who currently resides at 101 West Butler Street, Mt. Holly, Cumberland County, P A 17065. 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 April 7, 1999 in Newville, 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. Plaintiffhas 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. MARTS ON DEARDORFF WILLIAMS & OTTO By ~ t.V..et ......... Thomas J. Wi' s, Esquire Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: February 12, 2002 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 it 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. Fr~/ 14L- ~~ ~~ - - ~~ -J:. ~ - ~ ~ @ ~ v ~ ~ o G () c. 'J C r'V ~ -0 ~U} ..." -< _.!l 1;-1 t"T1 " L~}r C::J :71 ZC:" ni en ,-' l'..) "~.:) r:; ;,' Q <C, -U ..,..... ZC) -",,.. ,-"';;; ~~j _'i... -;;:() ~ '~::.;:C) -c: :~_5rn ~ ~"i;! (J1 ~ " -< F: \FlLES\DA T AFlLEIGcndoc.cur\ 76932-aff. IItde Created; 02104/02 I J:44:47 AM Revised: 02l14/0Z 04:10:45 PM 7693.2 FRANK J, RAKES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-754 CIVIL ACTION - LAW JOAN E. RAKES, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Joan E. Rakes at 101 West Butler Street, Mt. Holly, PA 17065 on February 12, 2002 by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Joan Rakes" and dated February 13, 2002 'fL~~~~->/\__ Thomas J. Willi Esquire - Sworn to and subscribed ..A "', 4" before me this ~ day of "~'- fvb'~~J> 2002, NOTARIAL SEAL TRICIA D. ECKENROAD. Notary Public Carlisle Boro., Cumberland County M Comml iGn i ' 004 o c <" -ol:"j~ cprr: .c- ..)..' V5~-' -<:/ ~c: )> z8 J>c z =< = r'V :-.:::) i'l :-'t ~:o N (II -I (~? ":1 <~~~ ~;;~f-~ u -; 35 -<: ;::::r" -:ll~ N <Tl /> . '. '~ . COmplete ItOms 1, 2, end 3. Also complete ilem 4 W Restrlcted Delivery Is desired. . Print your nar)Je and address on the reve~,e 80 that we can 'r'8turn th~ card to you. ~_. . Attach this ceJd to the back of the mall piece: ' qr on the front if space permits. 1. ArtIcle Addressed to: . , . .. " ~t~~{.' 1m, ~~\~ 9~ IlObS' , "~.: address d_lrom Item 1? ESt enter delivery address below: a. Se<vlce 1YPe III Certified Mail D Express Mail D Registered D Retum Receipt for Mt...J...... D InOlUnld Man D C.Q,O. 4. Rastricted Delivery? (&Ira Fee) IIY. 2. ~UmDar(cOPY;~3J~ J.$ Form 38~ 19l1ll. Il4turn ~ 102595-99-M-1781 U S PO'.LII SprvI( l' CERTIFIED MAIL RECEIPT ([)OfW'S/H M.IIIOIIIV No 111'./1/.1/11 (' COV('I.UJI' P/ov/(Icdj 0- r- ",. ..... IT1 0- f"-- Certified Fee ... Return Receipt Fee ~ (Endorsement RequIred) C C ...Restrlcted Delivery Fee o ,Endorsement Required) C Totel Pottage & FH. r- .... ,.." c c c r- o c- ;pl};; ~1[r 3:? .~;' (/5~.. ;:S;< ...;:-C .B~ ::':~;.o. ( ) :$C5 c" ~ <: ::J -, RJ ~ :I:::t_ "-0 ,"-; CJ; o -q i; J::;~ ::f: /'0 , ' ;,;~W (jn-, b! :'0 ~ - - ."\.) r7\ , - F:\FILES\DATAFlLE\GeneralICurrcnl\7693.2.comlltde Created: QY04I0211:44:47AM Revised Q7/27f060J:50:4ZPM 7693.2 Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRANK J, RAKES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 2002-754 CIVIL ACTION - LAW JOAN E. RAKES, 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 forthe 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 Prothonotarywithin 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 TillS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE ALA WYEROR CANNOT AFFORD ONE, GOTO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. TillS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT illRlNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TillS OFFICE MAYBE 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 "' ',...... FRANK J. RAKES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-754 CIVIL ACTION - LAW JOAN E, RAKES, Defendant IN DIVORCE AMENDED COMPLAINT 1. Plaintiffis Frank J. Rakes, who currently resides at 109 Mooreland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2, Defendant is JoanE. Rakes, who currently resides at 109 Mooreland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065, 3. Plaintiff andDefendanthave been bona fide residents in theCommonweaith ofPennsylvania for at least six months immediately previous to the filing of this Complaint, 4. The Plaintiff and Defendant were married on April 7, 1999, in Newville, 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, Plaintiffhas 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, MARTSON DEARDORFF WILLIAMS & OTTO By J enni r , Spears, Esquire Ten E st High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July lCj , 2006 . . 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 Divorce Complaint 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 ofthe 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! make knowingly false averments, I may be subject to criminal penalties. ~~ Frank Rakes ."" -..-' r",' G..J I'::' .l," ~ F:\FJLESIDA T AFILE\GcncrallCurrent\7693,2,reopenpetitionltde Created: 02104/02 II :44:47 AM Revised: 08/24/06 03:28:22 PM 7693,2 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRANK J. RAKES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-754 CIVIL ACTION - LAW JOAN E. RAKES, Defendant IN DIVORCE PETITION TO REOPEN AND REINSTATE DIVORCE 1. Petitioner is the Plaintiff, Frank 1. Rakes, who currently resides at 109 MoorelandA venue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Respondent is Defendant Joan E. Rakes, (Pro Se) who currently resides at 91 R Autumn Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff filed a Complaint in Divorce on February 12, 2002. 4. Defendant was timely and properly served with the Complaint on February 13,2002. 5. After the Divorce Complaint was filed, the parties attempted a reconciliation. 6. The reconciliation attempt failed and Plaintiff filed an Amended Complaint in Divorce on July 28, 2006, which was accepted by the Prothonotary. 7. Prior to filing the Amended Complaint, counsel for Plaintiff checked the Cumberland County dockets online for this docket number and there was no indication that the case had been terminated, purged or closed for any reason, including inactivity. 8. After checking the docket online and filing the Amended Complaint, which the Prothonotary accepted, Plaintiff proceeded to finalize the divorce. .' ,.. ;; 9. On or about August 21,2006, Plaintiff attempted to file a Marital Settlement Agreement, Affidavits of Consents and Waivers ofNotice under Section 3301 (d) of the Divorce Code, and a Praecipe to Transmit the Record. 10. At that time, the ProthonotaIyinformed counsel for Plaintiff that the docket had been closed due to activity in November of2005, and they wrongly had accepted the Amended Divorce Complaint. 11. Counsel for Plaintiff was then advised to petition the Court to re-open the case because the Prothonotary had not indicated the case was closed when they accepted the Amended Complaint. 12. Plaintiff requests this Honorable Court to re-open the divorce matter at the above docket number to allow the parties to proceed with the divorce because the Prothonotary failed to indicate that the docket was closed on their system (although not on the online system) and accepted an Amended Complaint, which Plaintiff relied upon in proceeding to attempt to finalize the divorce under this docket number, believing the docket number and matter were still open. 13. Defendant has consented to the divorce under this docket when she signed her Affidavit of Consent and Waiver of Notice on August 17,2006. 14. To make Plaintifffile anew divorce action would be against judicial and financial economy, and the parties would have to wait several months for the divorce to be final. WHEREFORE, Plaintiff requests this Honorable Court to vacate any prior orders terminating, closing or purging this docket and allow Plaintiffto proceed with finalizing the divorce under same. MARTSON DEARDORFF WILLIAMS & OTTO B\ennjr:JJi1:~quire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: August 24, 2006 .. \' iiL .. VERIFICA nON Jennifer L. Spears, Esquire, of the firm of MARTS ON DEARDORFF WILLIAMS & OTTO, attorneys for Plaintiffin the within action, certifies that the statements made in the foregoing Petition to Reopen and Reinstate Divorce are true and correct to the best ofhis knowledge, information and belief. He understands that false statements herein are made subjectto the penalties of18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Jermi~squire . . . :l ...* CERTIFICATE OF SERVICE I, TriciaD. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Reopen and Reinstate Divorce was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Joan Rakes 91R Autumn Lane Enola, P A 17025 MARTSON DEARDORFF WILLIAMS & OTTO ByJ}.;;'~j) ~/l/~ ~D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dared:~ ' ;).5; JM~ - o c: <'"' -q~~'.; " " ' -/' ~-' t~~~ t_. ~i ~~~~ ~ -<. l"-' = c:;;:) a" :P- c:: G"-; N U1 . , , . o -n -i ff,;;g -nt0 :1)q '~~C) ~r. - " ; ~~ 7=) :<::::, i~ri '.:.'=\ 2l'J :-<. c..) U1 N FRANK J, RAKES, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2002-0754 CIVIL JOAN E. RAKES, DEFENDANT CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 29th day of August, 2006, upon consideration of the Petition to Reopen and Reinstate Divorce filed by the Attorney for the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before September 18, 2006; 3. A copy of said answer will be filed with this Court; 5. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted, If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, M. L. Ebert, Jr., J. bas -s\)\o ~':) VIN'fi\1,\SW~3d "Nn~, '-', ,"", r, "''',I''n'' /',i..! j( " J- ,,-"::iJ~ 1-..1 01 :8 ~Id OS snv 900l IU'ri'If':c"""l'-,lld ::JH.l. ~o I\UII._I.,,,,\01 I l.,"" ....Ii .:J 38H:lC~"o:nl::J , , '. 'l.. F: \F1LES\DA T AFILE\General\CulTent\ 7693.2, petitionabsoluteltde Created: 02/04/0211:44:47 AM Revised: 09/26/06 02: 19:47 PM 7693,2 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff FRANK J. RAKES, PetitionerlPlaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-754 CIVIL ACTION - LAW JOAN E. RAKES, Respondent/Defendant IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows: 1. Petitioner filed a Petition to Reopen and Reinstate Divorce on August 25, 2006. 2. A Rule was issued on August 29,2006. 3. By correspondence dated September 6,2006, Petitioner served Respondent with the Rule wherein she had to September 18, 2006, to respond to same. 4. To date, Respondent has not filed an Answer to the Petition Reopen and Reinstate Divorce. WHEREFORE, Petitioner prays this Honorable Court to enter an Order vacating anyprior orders terminating, closing or purging this docket and allow Plaintiff to proceed with finalizing the divorce under same. MARTSO DEARDORFF WILLIAMS & OTTO Date: # a~, Ci/dDl, By Je Ii L. Spears, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff l ~ CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Petition to Make Rule Absolute was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Joan Rakes 91 R Autumn Lane Enola, P A 17025 MARTSON DEARDORFF WILLIAMS & OTTO ~;~f2~~ ricia D. Eckenr~ad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated;~ J?/;;(@{, C) ~~ r-....) <.'::::) c;;;;> CJ"> (..0 r--l -0 c> " ~." rn ;== -om .';9 :5(.,) .....! .- .-~T- -r 4 ,~.::; ::'TJ '-;0 ('5 rn --I ?o -< N -.J -c :l: 1"0 (A) ... SEP 2 8 2006 0' 5 FRANK 1. RAKES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002-754 CIVIL ACTION - LA W JOAN E. RAKES, Defendant IN DIVORCE ORDER AND NOW, this 1,l dayof O(..t()\t~(, , 2006, upon consideration ofPlaintitr s Petition to Make Rule Absolute, it is Ordered that any prior Orders terminating, closing or purging this docket are vacated, and Plaintiffis allowed to proceed with finalizing the divorce under this docket munber. BY THE COURT, ~'l Sf": :21 He! 2- 1JO 9ilOl '~r '! --" ,.." I; /'-i I I "HI ..JO ^uV1vi'~UrLLUCCj::il ;:J 3JLj::!O'0311::l Jennifer L. Spears, Esquire I.D. 87445 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorney for Plaintiff FRANK J. RAKES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-754 CNIL ACTION- LAW JOAN E. RAKES, Defendant IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on February 12, 2002. 2. An Amended Complaint in Divorce was filed on July 28, 2006. 3. The marriage ofPlaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe Complaint. 4. 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. S 4904 relating to unsworn falsification to authorities. Date: c1~ 6 .2O'~h ~~ Frank J. Rakes, 1amtIff ':'::-0 0 c? -fl f..:.d- -(') ,~:) ( ) --"', c::;\ (".:; en RECF~ G C\ \.\ t, 2Q,~ ,1' ',. Jennifer L. Spears, Esquire LD. 87445 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Plaintiff FRANK 1. RAKES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-754 CIVIL ACTION- LAW JOAN E. RAKES, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) AND ~ 3301 (d) 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 in 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 subj ect to the penalties of 18 Pa. C. S. 9 4904 relating to unsworn falsification to authorities. Date: cf'~ ~ -Y~ ~/~~ Frank J. Rakes, Plaintiff r-' r-~::) c:;:) CJ' ':::? i.."'.1 ......---: ~":r1 i C""\ .-1 iti:D , r:: ~~~l; ~~, ._): c:~ -('1 '.~~?~ S::', ~"~> "n ::.::, '1: en F:IFILESIDA T AFILE\GeneraIlCurrent\7693.2.cousent Created: 7/30/04 9:12AM Revised: 10/4/06 1:41PM Jennifer L. Spears, Esquire J.D. 87445 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FRANK J. RAKES, Plaintiff v. NO. 02-754 CIVIL ACTION- LA W JOAN E. RAKES, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on February 12, 2002. 2. An Amended Complaint in Divorce was filed on July 28, 2006. 3. The marriage ofPlaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 4. I consentto the entryofa final decree of divorce after service ofnotice 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. S 4904 relating to unsworn falsification to authorities. Date: 04 If ;1otJ(p / JJE~ef~~t t al~ () c r--:> ~ c::::: :::T' o -i1 Q ('".; _.~ o 2~ is Cf' Jennifer L. Spears, Esquire I.D. 87445 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FRANKJ. RAKES, Plaintiff v. NO. 02-754 CIVIL ACTION- LAW JOAN E. RAKES, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) AND ~ 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that! 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 subj ect to the penalties of 18 Pa. C. S. ~ 4904 relating to unsworn falsification to authorities. Date: {J 4 (/) , dtJ tJ 0 I #~~ E. Rakes, Defendant tfaAo o ~; t-J = c= C7"' C? '. ) -\ <::) cs Gi F:\F1LES\OA T AFILE\Genera~Currentl7693.2.praecipe Created: 7/30/04 9:12AM Revised: 10/10/06 \1:12AM Jennifer L. Spears, Esquire J.D. 87445 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorney for Plaintiff FRANKJ. RAKES, Plaintiff v. JOAN E. RAKES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-754 - 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 3301 (c) ofthe Divorce Code. 2. Date and manner of service ofthe complaint: Via certified mail, restricted delivery on February 13, 2002. Affidavit of Service filed on March 25,2002. 3. An Amended Complaint was filed on July 28,2006, and served on the Defendant via first class mail. 4. Date of execution of the Plaintiff s affidavit of consent required by Section 330 1 (c) ofthe Divorce Code; October 5, 2006; by the Defendant; October 6, 2006. 5. Related claims pending: All claims were resolved by a Marital Settlement Agreement dated August 17,2006, and filed with the Court on August 21,2006. 6. Date Plaintiffs Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: October 6, 2006. Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: October 10, 2006. Date: October 10, 2006 MARTSON DEARDORFF WILLIAMS & OTTO BY~ Je if! r L. Spears, EsqUIre Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff ---- ~-, ~j& c:--::' (" , -- o -- c:-' c:: - ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~ 't 't ~ 't ~ ~ 't ~ '" 't 't ~ ~ 't ~ ~ ~ ~ ~ ~ 't ~ ~ ~ ~ 't 't 't 't ~ ~ ~ 't ~ ~ '" 't ~ 't ~ ~ [f. ~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF FRANK J. RAKES VERSUS JOAN E. RAKES ~ ~ ~ ~ [f. PENNA. No. 2002-754 DECREE IN DIVORCE \~ AND NOW, o c..\ c \) e., ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; A Marital Settlement Agreement dated August 17. 2006. is incorporated but not merged into this Decree. DECREED THAT AND If:JJ~, IT IS ORDERED AND FRANK J. RAKES , PLAI NTI FF, JOAN E. RAKES , DEFENDANT, J. PROTHONOTARY ~~ ~ ~ 7tL, %7'bl,O/ ~r?-~-4W'~ ~'61'dl ... ." -:'0 # L ~"-~,. .. .# . '.