HomeMy WebLinkAbout06-0858
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Dwight B. Franks,
v.
Defendant
CIVIL ACTION - LAW
NO. 06 - 't)~ CIVIL TERM
IN DIVORCE
Loretta L. Franks,
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served. by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
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 Court House, High and Hanover Streets, Carlisle.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORAMTION 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, PA 17013
Phone: (717) 249-3166
(800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the Court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled conference or hearing.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
Dwight B. Franks,
v.
Defendant
CIVIL ACTION . LAW
NO. 06 - i';'t CIVIL TERM
IN DIVORCE
Loretta L. Franks,
COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. Plaintiff is Dwight 8. Franks, an adult individual, who resides at 31 E. Main Street,
Newville, Cumberland County, Pennsylvania 17241.
2. Defendant is Loretta L. Franks, an adult individual, whose address is 1627 South
Glendale, Apt. 210, Wichita, Kansas 67218.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months
immediately previous to filing of this Complaint.
4. Plaintiff and Defendant were married on February 14,2002 in Plant City, Florida.
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. Plaintiff has been advised that counseling is available, and that Plaintiff may have the
right to request that the Court rcquire the parties to participate in counseling.
8. Plaintiff requests the Court to enter a Decree in Divorce.
WHEREFORE, Plaintiffrespectfully requests this Honorable Court to enter a Decree in
Divorce and such other Orders as may be just and appropriate.
Date: t-l r;~ ~
Respectfully submitted,
ROMINGER, BA VLEY & WHARE
MLf-h&S
155 S. Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court LD. # 87663
Attorney for Plaintiff
VERIFICA nON
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. c.s. 94904, relating to unsworn
falsification to authorities.
Date: J- 10 - 6 b
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Dwight B. Franks,
v.
Loretta L. Franks,
2006.
laintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
efendant
CIVIL ACTION - LAW
NO. 06 -858 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complain in Divorce under Section 3301(c) of the Divorce Code was filed on February 13,
of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed
from the date of filing e Complaint.
3. I consent to he entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the tatements made in this Affidavit are true and correct. I understand that false
statements herein are m de subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to
authorities.
Date:
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Dwight B. Franks,
PI intiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
efendant
CIVIL ACTION - LAW
NO. 06 -858 CIVIL TERM
IN DIVORCE
Loretta L. Franks,
WAIVER OF NOTICE OF INTENTION
o REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~ 3301(c) OF THE DIVORCE CODE
1. I consent to he entry of a final decree of divorce without notice.
2. I understan that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not cla m 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 wi I be sent to me immediately after it is filed with the Prothonotary.
Date:
statements made in this Affidavit are true and correct. I understand that false
statements herein are
subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn
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Dwight B. Franks,
Pia 'ntiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
efendant
CIVIL ACTION - LAW
NO. 06 -858 CIVIL TERM
IN DIVORCE
Loretta L. Franks,
AFFIDAVIT OF CONSENT
1. A Complain in Divorce under Section 3301(c) of the Divorce Code was filed on February 13,
2006.
2. The marriag of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed
from the date of filing e Complaint.
3. I consent to e entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the tatements made in this Affidavit are true and correct. I understand that false
statements herein are m de subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to
authorities.
Date: .5 -
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Dwight B. Franks,
PI 'ntiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
1. I consent to e entry of a final decree of divorce without notice.
efendant
CIVIL ACTION - LAW
NO. 06 -858 CIVIL TERM
IN DIVORCE
Loretta L. Franks,
WAIVER OF NOTICE OF INTENTION
o REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~ 3301(c) OF THE DIVORCE CODE
that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not cIa m 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 wi I be sent to me immediately after it is filed with the Prothonotary.
I verify that th statements made in this Affidavit are true and correct. I understand that false
subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn
statements herein are
falsification to authoriti s.
Date:
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Dwigh~ranks, Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
PENNSYLVANIA
Dwight B. Franks,
v.
Defendant
CIVIL ACTION - LAW
NO. 06 - 858 CIVIL TERM
IN DIVORCE
Loretta L. Franks,
ACCEPTA1'lCE.Qf.~XBy-!q:
I hereby accept service of the Complaint in Divorce on behalf of the Defendant, Loretta
L Franks, in the above-captioned action and I certify that I am authorized to do so.
Od/;)'7/00
Date 1
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Dwight B. Franks,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Defendant
CIVIL ACTION - LAW
NO. 06 -858 CIVIL TERM
IN DIVORCE
Loretta L. Franks,
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. Grounds for divorce: irretrievable breakdown under S 3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: February 27, 2006, Defendant signed
Acceptance of Service.
3. Date of execution ofthe affidavit of consent required by S 3301(c) of The Divorce Code: by
the Plaintiff, May 28, 2006; by the Defendant, May 30, 2006.
4. Related claims pending:
5. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the
Prothonotary: June 6, 2006.
Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the
Prothonotary: June 6, 2006.
Date: June 8, 2006
eo, Esquire
155 South anover Street
Carlisle, PAl 7013
(717) 241-6070
Supreme Court ID No. 200198
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
PENNA.
STATE OF
Dwight R. Fr~nk~
Pl~;nt;f'f
iIi VERSUS
iIi
Loretta L. Franks
No. 2006
858
nAfAnnant
DECREE IN
DIVORCE
AND NOW,
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DECREED THAT
Dwight B. Franks
, PLAINTIFF,
AND
Loretta L. Franks
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRI MONY.
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;
None.
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