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Home My WebLink About05-2734 JOHN N. HANKS, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION . LAW ; NO. 05- ~ ry~'f-j CIVIL TERM Defendant : IN DIVORCE JULIA W. HANKS, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt adion. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, High and Hanover Streets, 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 17013 Phone 717249-3166 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN N. HANKS, v. : CIVIL ACTION JULIA W. HANKS, -, : NO. 05- C\ ') 3'1 CIVIL TERM Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is John N. Hanks, who currently resides at 1885 W Lisburn Road, Carlisle, Pa 17013. 2. Defendant is Julia W. Hanks, who currently resides at 219 South 17th Street, Camp Hill Pa 17001. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to filing this Complaint. 4. Plaintiff and Defendant were married on December 18,1965. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties have been advised that counseling is available, and that either may have the right to request that the Court order the parties to participate in counseling. 8. There were two children born during this marriage whose names and dates of birth are as follows: John N. Hanks Jr. whose date of birth is 1/26/1968 and Julie D. Hanks whose date of birth is 4/30/1972. Both children of this marriage are adults. 9. Neither of the parties in this action is presently a member ofthe armed forces. 10. The plaintiff and Defendant are both citizens of the United States. COUNT I-DIVORCE II. The plaintiff avers that the grounds on which the action is based are as follows; a. that Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse so as to make Plaintiffs condition burdensome and life intolerable; b. that the marriage is irretrievably broken. COUNT II-EQUlTBLE DISTRIBUTION 12. During the marriage Plaintiff and Defendant have acquired various items of marital property, both real and personal which are subject to equitable distribution under Chapter 35 of the Divorce Code. These items include but are not limited to: a. The marital residence b. Personal property located at the marital residence c. Plaintiffs pension, profit and or 40 I K plan. d. Automobiles. e. Numerous other items of personal property too numerous to enumerate. f. Numerous stock, cash and investment accounts in the joint name of the defendant and the defendant's mother. INJUNCTIVE RELIEF 13. Plaintiff believes that Defendant has, or intends to remove or dissipate assets from this jurisdiction, (specifically, large quantities of cash and stock in her name and her mothers name) dispose of, alienate, encumber with the intent of defeating Plaintiffs right as prayed for above, all of which would irreparably harm Plaintiff. 14. The removal from this jurisdiction, disposal of, alienation, encumbering and or dissipation of any or all marital assets by Defendant has been or will be detrimental to the rights of Plaintiff and would defeat the purposes of the Divorce Code, all of which would irreparably harm Plaintiff. WHEREFORE, Plaintiff requests this honorable court: a. Enter a decree of divorce. b. Equitably distribute all property, both personal and real, owned by the parties c. Freeze all non essential marital assets and specifically any or all funds the Defendant has in her name and the name of her mother that are not being used for normal daily, weekly and monthly expenses. d. Grant such further relief as the Court may deem equitable and just. Respectfully Submitted, The Law Offices of Richard R. Gan ~\,/~~" . '. Richart111 . / , bsqrnre c -- Attorney LD. 68721 17 West South Street Carlisle, Pennsylvania, 17013 717-241-4300 (/-' ~, /j VERIFICATION I verify that the attached complaint for divorce is true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties ofPA CS 4904, relating to unsworn falsification to authorities. Date: r~(o'1( (.:,) LJ au oS j I Jo JOHN N. HANKS, Plain tiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW JULIA W. HANKS, : NO. 05- ) 'l'?'f CIVIL TERM Defendant : IN DIVORCE ORDER OF COURT AND NOW, TO WIT, THIS day of 2005, upon consideration of of the foregoing Petition for Hearing and Ex Parte Temporary Injunctive Order, filed on behalf of the Petitioner, indicating that immediate and irreparable harm would result before the matter would be heard on motion, it is hereby ORDERED and DECREED that a temporary preliminary injunction be issued upon Respondent: Respondent is hereby enjoined and restrained from disposing, transferring, withdrawing, cashh;1g, surrendering or in any other way distributing any , \ property, monies or securities that constitute ih.~ta1 assets until further order of \:::; this Court. Any and all nonessential assets of the'izarties are hereby frozen. A hearing is set for the " Day of ,2005, at O'clock \" M, in courtroom No \''-" Located in the Cumberland County Courthouse, I Courthouse Square, Carlisle, P A I BY THE COURT HONORABLE ~~~ ~ -. ~. ~~ ~ ~ . ~ \ (" ~ CO) -q :'::j r> f'.' ..;;- f"J ,) .......-: JOHN N. HANKS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION JULIA W. HANKS, . : NO. 05-.n 3'1 CIVIL TERM Defendant : IN DIVORCE PETITION FOR HEARING AND EX PARTE TEMPORARY INJUNCTIVE ORDER AND NOW comes John N. Hanks, Petitioner, by his attorney, Richard R. Gan and Brings the following Petition for Hearing and Ex parte Temporary Injunctive Order and respectfully Represents the following: 1. Petitioner is John N. Hanks, who currently resides at 1885 W. Lisburn Road, Carlisle, PA 17013. 2. Respondent is Julia W. Hanks, who currently resides at 219 South 17th Street, Camp Hill Pa 17001. 3. Plaintiff and Defendant were married on December 18,1965. 4. A complaint for Divorce was filed to the above term and number on May 24, 2005. 5. This complaint in divorce filed on behalf of Petitioner, contained claims for equitable distribution and injunctive relief. 6. During the course of their marriage, the parties acquired assets, including real and personal property which constitute marital property within the meaning and intern ofthe Pennsylvania Divorce Code and which are subject to equitable distribution,. 7. That substantial assets of the marriage consist of jointly owned stocks, mutual funds and cash owned by the defendant and her mother. 8. Petitioner fears and believes that if not restrained and permanently enjoined from doing so, Respondent will invade, spend and squander these funds estimated to be in excess of $200,000.00. 9. Petitioner believes and therefore avers that these marital assets that are in excess of what is needed to maintain all responsibilities of the marital residence and the respondents current home, should be frozen by this court until the conclusion of this proceeding. 10. Pursuant to section 3323 (f) of the Divorce Code, this court has full equity powers and jurisdiction to issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice required. If Respondent is allowed to dissipate assets and specifically the above referenced financial assets of the marriage, Petitioner will suffer irreparable harm and forever lose his rights to equitable distribution of marital property unless Respondent is enjoined from dissipating marital assets within her control. II. The relief sought by Petitioner is necessary to protect his interest in the marital assets, effectuate the purpose of the Divorce Code and is required by equity and justice. 12. Petitioner has no adequate remedy at law. 13. Pursuant to Section 3505(a) of the Divorce Code, "Where it appears to the court that a party. . . is about to remove property of that party from the jurisdiction of the court or is about to dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendent elite, alimony. ., or similar award, an injunction may be issued to prevent the removal of or disposition and the property may be attached as prescribed by general rules. WHEREFORE, Petitioner respectfully prays this honorable court, based on the foregoing Petition for Hearing and Ex Parte Temporary Order, enter an Order: a. Setting this matter for hearing. b. Temporarily enjoining and restraining Respondent from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties, and c. Freezing all non essential assets of the parties. Respectfully Submitted, The Law_O.f!ices of Richard R~ ~ BY~,~ ~ --:r:_, ~ .~_,_. ;,,1. van, Esquire ' Attorney LD. 68721 17 West South Street Carlisle, Pennsylvania, 17013 717-241-4300 .. , JOHN N. HANKS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIA W. HANKS, DEFENDANT 05-2734 CIVIL TERM ORDER OF COURT AND NOW, this ~ ~ day of June, 2005, IT IS ORDERED that a hearing shall be conducted on the within petition at 11 :00 a.m., Wednesday, June 15, 2005, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Pending that hearing both parties are enjoined and prohibited from disposing, transferring, withdrawing, cashing, surrendering or in any other way distributing property, monies or securities that constitute marital assets. By the Court, /,,/,_./ ~chard R. Gan, Esquire For John N. Hanks :sal vdUlie W. Hanks 219 South 1 ih Street Camp Hill, PA 17001 ~;::: 2:") UJ~::' ~:~ ;- '-.:.- i:~)<-:; --, , '~ ~.';LL ~.JU,: ~.LI f-- LI_ C) ~. ....-.,.. ......" o L() ........ to: N I ~:;~ If:' C-::"l c:..-::l c-I ~ .,. . .., . Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JOHN N. HANKS, v. : CIVIL ACTION JULIA W. HANKS, : NO. 05-)73'1 CIVIL TERM Defendant : IN DIVORCE PETITION FOR HEARING AND EX PARTE TEMPORARY INJUNCTIVE ORDER AND NOW comes John N. Hanks, Petitioner, by his attorney, Richard R. Gan and Brings the following Petition for Hearing and Ex parte Temporary Injunctive Order and respectfully Represents the following: 1. Petitioner is John N. Hanks, who currently resides at 1885 W. Lisburn Road, Carlisle, PA 170\3. 2. Respondent is Julia W. Hanks, who currently resides at 219 South 17th Street, Camp Hill Pa 17001. 3. Plaintiff and Defendant were married on December 18, 1965. 4. A complaint for Divorce was filed to the above term and number on May 24, 2005. 5. This complaint in divorce filed on behalf of Petitioner, contained claims for equitable distribution and injunctive relief. 6. During the course of their marriage, the parties acquired assets, including real and personal property which constitute marital property within the meaning and intern of the Pennsylvania Divorce Code and which are subject to equitable distribution,. . .. . 4" . 7. That substantial assets of the marriage consist of jointly owned stocks, mutual funds and cash owned by the defendant and her mother. 8. Petitioner fears and believes that if not restrained and permanently enjoined from doing so, Respondent will invade, spend and squander these funds estimated to be in excess of $200,000.00. 9. Petitioner believes and therefore avers that these marital assets that are in excess of what is needed to maintain all responsibilities of the marital residence and the respondents current home, should be frozen by this court until the conclusion of this proceeding. 10. Pursuant to section 3323 (f) of the Divorce Code, this court has full equity powers and jurisdiction to issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice required. If Respondent is allowed to dissipate assets and specifically the above referenced financial assets of the marriage, Petitioner will suffer irreparable harm and forever lose his rights to equitable distribution of marital property unless Respondent is enjoined from dissipating marital assets within her control. 11. The relief sought by Petitioner is necessary to protect his interest in the marital assets, effectuate the purpose of the Divorce Code and is required by equity and justice. 12. Petitioner has no adequate remedy at law. 13. Pursuant to Section 3505(a) of the Divorce Code, "Where it appears to the court that a party...is about to remove property of that party from the jurisdiction of the court or is about to dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendent elite, alimony... or similar award, an injunction may be .. " .. ..... ..." issued to prevent the removal of or disposition and the property may be attached as prescribed by general rules. WHEREFORE, Petitioner respectfully prays this honorable court, based on the foregoing Petition for Hearing and Ex Parte Temporary Order, enter an Order: a. Setting this matter for hearing. b. Temporarily enjoining and restraining Respondent from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties, and c. Freezing all non essential assets of the parties. Respectfully Submitted, ------- /-'-- ,~e-~aw Offic::s OfRiC~ BY,~ ~ /~ ~ . Gan, Esquire Attorney I.D. 68721 17 West South Street Carlisle, Pennsylvania, 17013 717-241-4300 ~/~ , '- .' .~ F~ ..... " f .' ~ ~ L '" .,.. ,~ ~ " ~ ."t, \ '1 1~ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JOHN N. HANKS, Defendant : CIVIL ACTION ~ NO. 05~i 3,/ : IN DIVORCE CIVIL TERM v, JULIA W. HANKS, PETITION FOR HEARING AND EX PARTE TEMPORARY ORDER AND NOW comes John N. Hanks, Petitioner, by his attorney, Richard R. Gan and Brings the following Petition for Hearing and Ex parte Temporary Order and respectfully Represents the following: I. Petitioner is John N. Hanks, who currently resides at 1885 W. Lisburn Road, Carlisle, P A 17013. 2. Respondent is Julia W. Hanks, currently resides at 219 South 17th Street, Camp Hill Pa 17001. 3. Plaintiff and Defendant were married on December 18,1965. 4. A complaint for Divorce was filed to the above term and number on May 24, 2005. 5. This complaint in divorce filed on behalf of Petitioner, contained claims for equitable distribution and injunctive relief. 6. Defendant vacated the marital residence on April 12, 2005 and established her residence with her mother, who has since passed. 7. That defendant is now harassing the Plaintiff, showing up at his home at all hours, demanding to be let in, interrupting his sleep, sanctity and peace and threatening to interfere with his life in every possible way. 8. Plaintiff fears and believes that if not restrained and permanently enjoined from doing so, Respondent will continue to harass him, block his driveway, and invade his privacy throughout this proceeding and beyond. 9. Plaintiff further avers that the Defendant has her own home and is doing these things simply because he has started to date since the filing of this divorce. 10. Plaintiff is fully willing to cooperate with Defendant to remove items of personal property from the marital residence in an orderly and plarmed fashion, absent harassment, shouting and derogatory statements 11. The Plaintiff lastly believes that if not restrained by means of granting the Plaintiff exclusive use of the marital residence until further hearing in this matter that Defendants actions may escalate to violence or worse. 12. Petitioner has no adequate remedy at law. WHEREFORE, Petitioner respectfully prays this honorable court, based on the foregoing Petition for Hearing and Ex Parte Temporary Order, enter an Order: a. Setting this matter for hearing. b. Temporarily enjoining and restraining Respondent from coming onto the marital residence which may be accurately described as 1885 c. West Lisburn Road, Carlisle PA, and d. Granting the exclusive occupancy of the marital residence to the Plaintiff until further order of this court. Respectfully Submitted, : ~WOffi= Oflli~, ~ K4~;==~Squirej~ Attorney I.D. 68721 17 West South Street Carlisle, Pennsylvania, 17013 717-241-4300 (') ,~~ "'~- ':Jl:;' fT1r'-' .' ,-,') ::'< ~::: ....~; '. ::-e::::" c., j;."C: -;;..:- =J ~ "" = = <.n L. c:: r' I -.J o -n -< ~2J -al-n -tJ );J (.;)0 :::.;:1-" "--"--.,., 0(5 ~~~m C.J c-< ?i; -< -c ::r,: o u::> JOHN N. HANKS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIA W. HANKS, DEFENDANT 05-2734 CIVIL TERM ORDER OF COURT AND NOW, this {d..- day of July, 2005, IT IS ORDERED that a hearing shall be conducted on the petition of John N. Hanks for exclusive possession of the marital residence at 3:00 p.m., Wednesday, July 20, 2005, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Temporarily, pending the hearing husband shall have exclusive possession of the',marital residency By ,ij:Ie" Court, ~/ :..pV ~ :g Edgar B. Bayley, J. ~hard R. Gan, Esquire For John N. Hanks J'.x{"w. Hanks A1'9v South 17th Street Camp Hill, PA 17001 :sal FILED-OfFICE OF THE PROTHONOTARY Z005 JUL -8 AH 10: 54 Ci I": ' "", "'1'1'" vIl{:__,_.,~. '" '_,'",-,JI'" l PE,j\~j\JS\{L\'A_:~'.i!A .' " "', .. JOHN N. HANKS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-2734 CIVIL JULIA W. HANKS, Defendant IN RE: PETITION FOR EXCLUSIVE POSSESSION/OCCUPANCY OF MARITAL REISDENCE ORDER AND NOW, this L t. I day of July, 2005, following hearing and review of pertinent case law, the petition of the plaintiff for exclusive possession/occupancy of the marital residence is DENIED. BY THE COURT, Richard R. Gan, Esquire For the Plaintiff A, J.. John F. King, Esquire For the Defendant ~ ~ 1-;l1.0{ ~. :r\m 'J ,.,."F',.. ,/\ )';; '<' "':-/'.,I('() 9 I :8 H~ L (, -l(iC SOOZ AbV10i'~CH"U,)Gd 3H1 ~o :J:J!:1j(}-(FJlJj FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Defendant Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JOHN N. HANKS, v. : NO. 05-2734 CIVIL TERM Defendant : CIVIL ACTION .. LAW : IN DIVORCE JULIA W. HANKS, 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 mone:y or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, PA. 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. 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 ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, FRIEDMAN & KING, P.C. F. King, Esquire N. Second St., 5th FIr. P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 JOHN N. HANKS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-2734 CIVIL TERM JULIA W. HANKS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ANSWER AND COUNTERCLAIM ANSWER TO COMPLAINT IN DIVORCE AND NOW, comes the Defendant, Julia W. Hanks, by and through her attorney, John F. King, Esquire, and answers as follows: I. Admitted. 2. It is admitted that the Defendant, Julia W. Hanks, currently resides at 219 S. 17'" Street, Camp Hill, PA 17011, solely due to an Ex Parte Orde:r granting Plaintiff, John N. Hanks, exclusive possession of the marital residence, namely 1885 W. Lisbum Road, Carlisle, P A 17013. By way of further answer, it is averred that the said marital residence is the permanent legal residence of the Defendant, Julia W. Hanks, 3. Admitted. 4. Admitted. 5. Admitted. 6. The averments contained in paragraph 6 ofthe: Plaintiff's Complaint are denied, and proof thereof is therefore demanded. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. COUNT 1 - DIVORCE 11. Pursuant to Pa. RC.P. 1920.14 an answer to the allegations contained in paragraph II ofthis action for divorce is not required. COUNT Il-EQUITABLE DISTRIBiUTION 12. Pursuant to Pa. RC.P. 1920.14 an answer to the allegations contained in paragraph 12 ofthis action for divorce is not required. COUNTERCLAIM COUNT 111- REQUEST FOR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 370J(A) AND 3702 OF THE DIVORCE CODE 13. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 14. Defendant is unable to sustain herself during the course of litigation. 15. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 16. Defendant requests the Court to enter an award of alimony pendente lite until final hearing, and thereupon to enter an order of alimony in her favor, pursuant to Sections 3701(a) and 3702 ofthe Divorce Code. WHEREFORE, the Defendant respectfully requests the Court to enter an award of alimony pendente lite until final hearing, and thereupon to enter an order of alimony in her favor, pursuant to Sections 3701(a) and 3702 of the Divorce Code. COUNT IV - REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104(A)(J). 3323(B) AND 3702 OF THE DIVORCE CODE 17. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 18. Defendant has employed John F. King, Esquire to represent her in this matrimonial cause. 19. Defendant is unable to pay her counsel fees, costs and expenses, and Plaintiff is more than able to pay them. 20. Plaintiff receives generous retirement benefits and has the ability to pay Defendant's counsel fees, costs and expenses. 21. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3l04(a)(\), 3323(b) and 3702 ofthe Divorce Code, the Court enter an order directing the Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. COUNT V - REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF COUNTERCLAIM-DEFENDANT UNDER SECTION 3502(D) OF THE DWORCE CODE 22. The prior paragraphs ofthis Answer and COlmterclaim are incorporated herein by reference thereto. 23. During the course of the marriage, Plaintiff has maintained certain life and health insurance policies for the benefit of Defendant. 24. Pursuant to Section 3502( d), Defendant requests Plaintiff be directed to continue maintenance of said policies for the benefit of Defendant. WHEREFORE, Defendant respectfully requests that, pursuant to Section 3502( d) of the Divorce Code, the Court enter an order directing Plaintiff to continue to maintain certain life and health insurance policies for the benefit of Defendant. Respectfully submitted, FRIEDMAN & KING, P.C. Date:~_~ J 1, ;)JJ'=) 1~ F. King, uire1j 60 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 hanks\pleadings\answer&cc VERlFICA nON I, Julia W. Hanks, hereby acknowledge that I anI the Defendant in the foregoing action; that I have read the foregoing Answer and Counterclainl; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~' , jJ ~ ' , j , , ,I (}.',,-)I , J li W. HanIcs Dated:~ ,)7/~ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JOHN N. HANKS, v. : NO. 05-2734 CNIL TERM Defendant : CNIL ACTION - LAW : IN DNORCE JULIA W. HANKS, -afS I, John F. King, Esquire, hereby certify that on July ]?f, 2005, I served a copy CERTIFICATE OF SERVICE of the within Answer and Counterclaim, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Richard R. Gan, Esquire 17 West South Street Carlisle, PA 17013 FRIEDMAN & KING, P.C. ~kJvYi~ F. King, Esquire 6 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg., PA 17108 (717) 236-8000 ~f'\ -)0 (;'-- ~ " 0 ........1:> v, '0 ~ -0 .Ih- ~ .l: c, \ ~ C>, ~?" ~'<;\ ~c:-., '7)\ r ;- N ~ >, \ ~~~j ""~, ~~~ JOHN N. HANKS v. JULIA W. HANKS Plaintiff Defendant IN THE COURT OF COMMON PLEAS :CVMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW :NO. 05-2734 CIVIL TERM :IN DIVORCE PRAECIPE Please withdraw the above captioned action, and also have the docket marked as stricken. .,:J '7 -o(P Date ~~ ;::::.:41 /J1L.1'<>~'S /"";...ct;;vSL II ~Pt. L,tS'/ ~ -ocr a;Jr:' "'-- 'c. ':;~ Z\ (fJx' -< " ~~( ?~';-', '.P-~' -:::;~ -c ,..., "'" "'" CS"' <- ~ ':3 P" ::JJ: C:? o "'11 ..... ::t:.....-: n'-- -aI):, ;3""(\ -\\.~, :l'~ o -. "t.... :::1 :.<:: c:>