HomeMy WebLinkAbout04-5848
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JESSICA D FRANK,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
DONALD L FRANK,
: No.04 - Sf"]
Ciu,LC 1~
Defendant.
: 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 counseling. A list of marriage counselors is available in the Cumberland
County Bar Association, 32 S. Bedford Street, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LA WYERS' 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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Lawyer Referral Service
Cumberland County Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, P A 17013
(717) 240-6200
JESSICA D FRANK,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04- SrP'IP (J~L'!-~
v.
DONALD L FRANK,
Defendant.
CIVIL ACTION- DIVORCE
COMPLAINT UNDER SECTION 3301 (C) OF THE DIVORCE CODE
COUNT I
1. Plaintiff is Jessica D. Frank, who currently resides at 4 Annandale Drive, Carlisle,
Cumberland County, Pennsylvania.
2. Defendant is Donald L. Frank, who currently resides at 265 Woods Drive,
Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiffhas been a bona fide resident in the Commonwealth for at least six (6) months
immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on July 17, 1999 in Carlisle, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the Parties.
6. The marriage is irretrievably broken.
7. Neither Party is a member ofthe Armed Forces ofthe United States or any of its allies.
8. The Plaintiff has been advised of the availability of counseling and that either Party may
compel the other by Order of Court to attend counseling sessions.
WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree
in Divorce under Section 3301(c) of the Divorce Code.
COUNT II--CUSTODY
9. The Plaintiff incorporates by reference Paragraphs 1 through 8 of the Complaint for
Divorce as fully set forth herein.
10. There was one (1) child born during this marriage, to wit: Erika N. Frank, born on
March 22, 2001.
11. During the past five (5) years, the child has resided with the following persons and at the
following addresses:
Person(s)
Mother
Address
4 Annandale Drive, Mechanicsburg, P A
Dates
Birth to present
12. The Court of Common Pleas of Cumberland County, Pennsylvania, Family Division, has
the sole and exclusive jurisdiction in this matter, pursuant to the Uniform Child Custody
Jurisdiction Act, and the Commonwealth Child Custody Jurisdiction Act for the following
reasons:
a) Cumberland County, Pennsylvania, has been the child's home county
within six (6) months before the commencement of the instant proceedings.
b) It is in the best interest and welfare of the child that the Court of Common
Pleas of Cumberland County, Pennsylvania, assume jurisdiction because the child
has a significant connection with this jurisdiction, and there is available in this
jurisdiction substantial evidence concerning the child's present or future care,
protection, training and personal relationships.
c) No other state has jurisdiction in this matter under the requirements ofthe
Uniform Child Custody Jurisdiction Act and the Commonwealth Child Custody
Jurisdiction Act.
13. The Plaintiffhas not participated in any capacity whatsoever in any other litigation
concerning the custody of the minor child in this or any other state.
14. The Plaintiff does not know if any other person than the Defendant herein claims to have
custody or partial custody rights with the minor child.
15. The Plaintiff submits that it is in the best interest and welfare of the child that the Plaintiff
be granted custody of the child, and that the Plaintiff can best provide the minor child with a
more stable, healthful, religious, and proper environment.
WHEREFORE, Plaintiff prays that the Honorable Court grant custody of the minor child
of the Parties to Plaintiff.
Respectfully submitted,
ROBINSON & GERALDO
Date:
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By:
Gerald S. Robinson, Esquire
Attorney LD. #27423
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Gerald S. Robinson, Esquire, do hereby certify that on the 18th day of October, 2004, I
caused a true and correct copy of the Complaint to be served upon the following individual by
first class mail by depositing same in the United States, postage prepaid, in Harrisburg,
Pennsylvania.
Donald L. Frank
265 Woods Drive
Mechanicsburg, P A 17050
Respectfully submitted,
ROBINSON & GERALDO
By:
Gerald S. Robinson, Esquire
Attorney J.D. No. 27423
4407 North Front Street
P.O. Box 5320
Harrisburg, P A 17110
(717) 232-8525
VERIFICATION
I verify that the statements made in this Complaint in Divorce 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 unsworn falsification to authorities.
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Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JESSICA D FRANK,
v.
NO. 04-5848
DONALD L FRANK,
Defendant.
CIVIL ACTION-LAW IN DIVORCE
PROOF OF SERVICE
The undersigned makes the following return of service: the Divorce Complaint was
served upon Donald L Frank on November 29,2004 at 265 Woods Drive, Mechanicsburg,
Cumberland County, Pennsylvania. The signed acceptance of s{lrvice is attached hereto as
Exhibit I.
SIGNATURE AND AFFIDAVIT
I, Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this
action.
I verify that the statements made in this affidavit and return of service are true and
correct. I understand that false statements herein are made subj{lct to the penalties of 18 Pa.C.S.
94904 relating to unsworn falsfication to authorities.
Respectfully submitted,
ROBINSON & Gl8:RALDO
Dated: November 30, 2004
BY:~~~
Gerald S. Robinson, Esquire
Attorney J.D. No. 27423
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525
Attorney for Plaintiff
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PS Form 3811. March 2001
00meIItic Return Receipt
102595-01~t.4I!.
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
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JESSICA D. FRANK,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
No. 04-5848
DONALD L. FRANK,
Defendant.
CIVIL ACTION - LAW IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 3301(c) of the Divorce code was filed on
December 3,2004, on the grounds that the marriage of the parties is irretrievably broken.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees
or expenses if! do not claim them before a divorce is granted.
5. 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: L( - ( 'f - {)J-
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JESSICA D. FRANK
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA:
Plaintiff,
v.
No. 04-5848
DONALD L. FRANK
Defendant.
CIVIL ACTION - LAW IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE
UNDER 8 3301 (e) OF THE DIVORCE CODE
I. 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! 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.
pate: 'j-I'I-J'
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JE SICA D. FRANK
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JESSICA D. FRANK,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
No. 04-5848
DONALD L. FRANK,
Defendant.
CIVIL ACTION - LAW IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 330I(c) of the Divorce code was filed on
December 3,2004, on the grounds that the marriage of the parties is irretrievably broken.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce.
'4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees
lor expenses if I do not claim them before a divorce is granted.
15. I verify that the statements made in this affidavit are true and correct. I understand that
ifalse statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn
,
ralsification to authorities.
pate: J./ -,). / -oS
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Donald L. Frank
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JESSICA D. FRANK
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA:
Plaintiff,
v.
No. 04-5848
DONALD L. FRANK
Defendant.
CIVIL ACTION - LAW IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE
UNDER Ii 3301 ee) OF THE DIVORCE CODE
I. 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! 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. S4904 relating to unsworn
,
Ifalsification to authorities.
pate: ..; -"I, I - (,5-
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DONALD L. FRANK
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JESSICA D. FRANK
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-5848
DONALD L. FRANK,
CIVIL ACTION- LAW IN DIVORCE
Defendant.
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this I r day of
Ap,,~ I
,
2005, by and between
Jessica D. Frank, of Carlisle, CUMBERLAND County, Pennsylvania, hereinafter referred to as
"Wife," and Donald L. Frank, of Mechanics burg, Cumberland County, Pennsylvania, hereinafter
referred to as "Husband."
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on July 17, 1999; and
WHEREAS, differences have arisen between Husband and Wife in consequence of which
they intend to live separate and apart of each other; and
WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and
WHEREAS, Husband and Wife desire to settle and detennine their rights and obligations
with respect to each other, including the disposition and distribution of property rights and
interests between them.
1
NOW, THEREFORE, in consideration of the mutual promises, covenants and
undertakings hereinafter set forth and for other good and valuable consideration, receipt of which
is hereby acknowledged by each of the Parties hereto, Wife and Husband, each intending to be
legally bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL. The Parties acknowledge that they have received or had the
opportunity to receive independent legal advice from counsel of their selection and that they
fully understand the facts and have been informed as to their legal rights and obligations and they
acknowledge and accept that this Agreement is, in the circumstance fair and equitable and that it
is being entered into freely and voluntarily, after having received such advice and with such
knowledge and that execution of this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
2. SEP ARA nON. It shall be lawful for each Party at all times hereafter to continue to live
separate and apart from the other Party. The foregoing provisions shall not be taken as an
admission on the part of either Party of the lawfulness or unlawfulness of the causes leading to
their living apart.
3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The Parties agree
that the terms of this Agreement shall be incorporated into any Divorce Decree which may be
entered with respect to them at the request of either Party. The Parties agree that the Court of
Common Pleas of Cumberland County, Pennsylvania, shall retain continuing jurisdiction over
the Parties and the Agreement for the purposes of enforcement of any of the provisions thereof.
2
The Parties agree that unless otherwise specifically provided herein, if a Decree is entered
divorcing the Parties, although this Agreement shall be incorporated into said Decree, this
Agreement shall not merge with, but shall continue in full force and effect after such time as a
Final Decree in Divorce may be entered with respect to the Parties and may be enforced in an
action independent of the Divorce Decree. The Parties agree and it is the intent of each of them
that even though this Agreement may be enforced either under the provisions of the
Pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance
with Section 3502 of the Pennsylvania Divorce Code, the provisions of this Agreement regarding
the disposition of existing property rights and interests between the Parties, alimony, alimony
pendente lite, counsel fees and expenses shall not be subject to modification by any Court.
4. SUBSEOUENT DIVORCE. The Parties hereby acknowledge and express their
agreement that the marriage is irretrievably broken, and the Parties agree to cooperate in any
necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section 330 I (c) of the
Pennsylvania Divorce Code.
5. INTERFERENCE. Each Party shall be free from interference, authority, and contact by
the other, as fully as ifhe or she were single and unmarried, except as may be necessary to carry
out the provisions of this Agreement. Neither Party shall molest the other or attempt to molest
the other, nor compel the other to cohabit with the other, or in any way harass or malign the
other, nor in any way interfere with the peaceful existence, separate and apart from the other.
3
6. WIFE'S DEBTS. Wife represents and warrants to Husband that she will not contract or
incur any debt or liability for which Husband or his estate might be responsible and she shall
indemnifY and save harmless Husband from any and all claims or demands made against him by
reason of debts or obligations incurred by her.
7. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not
contract or incur any debts or liability for which Wife or her estate might be responsible, and he
shall indemnifY and save harmless Wife from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
8. MUTUAL RELEASE. Subject to the provisions of this Agreement, each Party has
released and discharged, and by this Agreement, does for himself or herself, and his or her heirs,
legal representatives, executors, administrators and assigns, release and discharge the other of
and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which
either of the Parties had or now has against the other, except for any and all causes of action for
divorce and except for any and all causes of action for breach of any provisions of this
Agreement.
9. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they
have made a full and complete disclosure to the other of all information pertaining to the Parties'
separate and marital property owned, possessed and/or controlled by the other at the time of the
separation of the Parties and, further, that the Husband and Wife voluntarily and intelligently
agree to waive any rights which they may have to receive an Inventory and Appraisement of all
4
property owned or possessed by them, either jointly or individually, at the time of the delivery of
this Agreement or of the commencement of any action of divorce.
10. CUSTODY. Husband and Wife shall have shared legal custody of Erika Nicole Frank,
born March 22, 2001. Wife shall retain primary physical custody of said minor child. Husband
shall have periods of partial custody as the parties mutually agree.
II. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each
Party may dispose of his or her property in any way, and each Party hereby waives and
relinquishes any and all rights he or she may now or hereafter acquire, under the present or future
laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including, without limitation, dower, courtesy, statutory allowance, widows
allowance, right to take property under equitable distribution, right to take in intestacy, right to
take against the will of the other's estate, and who will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquislunent of all such interests, rights and claims.
12. BREACH. If either Party breaches any provision of this Agreement, the other Party shall
have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be advisable to him or her, and the Party breaching this Contract shall
be responsible for payment oflegal fees and costs incurred by the other in enforcing their rights
under this Agreement.
5
13. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the
Parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
14. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions
of this Agreement shall be effective only if made in writing and executed with the same
formality as this Agreement. The failure of either Party to insist upon strict performance of any
of the provisions of this Agreement shall not be construed as a waiver of any subsequent default
of the same or similar nature.
15. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience
only. They shall have no effect whatsoever in determining the rights or obligations ofthe
Parties.
16. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by
and between the Parties hereto that each paragraph hereof shall be deemed to be a separate and
independent covenant and agreement.
17. APPLICABLE LAW. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
18. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the
provisions of this Agreement are fully understood by both Parties and
6
.
each Party acknowledges that this Agreement is in all respects fair and equitable, that it is being
entered into voluntarily and knowingly, and that it is not the result of any duress, undue
influence, collusion or improper or illegal agreement or agreements.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day
and year first above written.
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J ssica D. Frank, Plaintiff
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Witness Donald L. Frank, Defendant
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Jessica D Frank,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff,
v.
: NO. 04-5848
Donald L Frank,
Defendant.
CIVIL ACTION--LA W IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for the
entry of a divorce decree:
I. Ground for divorce: irretrievable breakdown under section 330 I ( c) of the Divorce
code.
2. Date and Manner of service of the Complaint: served upon Defendant Donald
Frank, by Certified Mail, Restricted Delivery, on or about November 29, 2004. A copy
of the signed Return Receipt is attached hereto as Exhibit I.
3. Date of execution of the affidavit required by section 3301(c) of the Divorce
Code: by Plaintiff on April 19, 2005 and by Defendant on April 21, 2005.
4. Related claims pending. The economic claims have been settled by agreement.
-
.
5. Date the Plaintiff's waiver of Notice in section 3301(c) of the Divorce was filed
with the Prothonotary: is May 2, 2005.
6. Date the Defendant's Waiver of Notice in section 3301(c) of the Divorce was filed
with the Prothonotary: May 2,2005.
Respectfully submitted,
ROBINSON & GERALDO
Slu~
By
Gerald S. Robinson, Esquire
Attorney LD. No. 27423
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Plaintiff.
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item 4 if Restricted Delivery is desired.
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so that we can return the card to YOU.:~/' .. ':r,
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Domestic Return Receipt
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EXHIBIT
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
Jp-ssica D.
Frank
VERSUS
Dnnrl' n T.
Frrlnk
PENNA.
No.
04
'iA4A
DECREE IN
DIVORCE
AND NOW,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
DECREED THAT
Jessica D.
AND
Donald L.
Frank
Frank
, PLAINTIFF,
, DEFENDANT,
YET BEEN ENTERED;
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
Marriage
Settlement Aareement dated April
15.
2005
is
into this Order.
By TH
ATTEST:
.
PROTHONOTARY
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