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HomeMy WebLinkAbout02-4522 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy LD. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PAMELA R. FRISCO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.C.;l.- J{S~~ CIVIL TERM CIVIL ACTION - LAW v. RODNEY L. FRISCO, IN DIVORCE Defendant 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 pages 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff PAMELA R. FRISCO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 6~ -J.jS:J~ CIVil TERM CIVil ACTION - lAW RODNEY l. FRISCO, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Pamela R. Frisco, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Rodney L. Frisco: 1, The Plaintiff is Pamela R. Frisco, an adult individual, residing at 3861 Mark Avenue, Harrisburg, Dauphin County, Pennsylvania 17110. Plaintiff's Social Security Number is 172-58-8743. 2. The Defendant is Rodney l. Frisco, an adult individual, residing at 810 Charlotte Way, #302, Enola, Cumberland County, Pennsylvania 17025. Defendant's Social Security Number is 167-42-0053. 3. The Plaintiff and Defendant were married on May 31, 1986, in Clearfield, Clearfield County, Pennsylvania, and separated on or about September 1, 2002. 4, The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5, There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301 (c) or 3301 (d) of the Divorce Code. COUNT 11- EQUITABLE DISTRIBUTION 8. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 7 inclusive, of the Complaint as if the same were set forth herein at length. 9. Plaintiff and Defendant have legally and beneficially acquired certain property during their marriage. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. COUNT III. SPOUSAL SUPPORT, ALIMONY/ALIMONY PENDENTE LITE 10. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 9 inclusive, of the Complaint as if the same were set forth herein at length. 11. The Plaintiff has insufficient income and assets to provide for her needs. 12. The Plaintiff has an approximate annual gross income of $29,000.00. 13. The Defendant has an approximate annual gross income of $53,000.00. 14. Plaintiff is unable to sustain herself during the course of litigation. 15. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through her current employment. 16. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. WHEREFORE, the Plaintiff respectfully requests the Court to enter an award of alimonypendente lite until final hearing and thereupon to enter an order of alimony in her favor, pursuant to Sections 3701 and 3702 of the Divorce Code. STEWART & WEIDNER :162739 VERIF/CA TlON I, Pamela R. Frisco, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A 94904, relating to unsworn falsification to authorities. Date: 9/; P /()q v:.~ri:ifL Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy l.D, No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PAMELA R. FRISCO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. CIVIL TERM v. CIVIL ACTION - LAW RODNEY L. FRISCO, IN DIVORCE Defendant AFFIDA VIT PAMELA R. FRISCO, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. 94904, relating to unsworn falsification to authorities. Pamela R. Frisco , Date: q)J g/ocA ( I iJ~ K. f,J (.:l ~ "'<l 'i ........ G ...... ~~ (i- ~ c~ c c "l ~ ........ 0 a ~, 1 '-.> ~ 0 t' G J --0 e;: I , I:...> ~ ~ '-C:: 'c =--.) ~, ,,-.- :::) '. :0 =;! (/-1 =< r ~ Johnson, Dnffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PAMELA R. FRISCO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4522 CIVIL TERM v. RODNEY L. FRISCO, CIVIL ACTION - LAW Defendant IN DIVORCE RETURN OF SERVICE The undersigned makes the following return of service: The Complaint in Divorce was mailed to the Defendant, Rodney L. Frisco, on September 24, 2002 at 810 Charlotte Way, #302, Enola, Cumberland County, Pennsylvania 17025: X A copy of the signed return receipt indicating service was completed on September 25, 2002 is attached hereto. The mail, refused and returned, is attached. A copy mailed to the Defendant at the same address by ordinary mail with the return address of the sender appearing thereon has not been returned within fifteen days after mailing. I, Melissa Peel Greevy, certify that I am a competent adult not a party to the 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 subject to the penalties of 18Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: 9/ ~~ /0'1--- JOHNSON, DUFFIE, STEWART & WEIDNER B~~3~ :162739 + . Complete items 1, 2, and'3. Also complete item 4 if Restricted Delivery is desired. . Print your name 8(ld address on the reverse so that we can retum the card to you. . All h this card to the back of the mail piece. or the front if space permits. 1, Art' Ie Addressed to: Rdd)jttj L (futeo ' fib cJ(k loUt- W!J.t, f 3()j( [)ioLa. PA {10,5 I o Agent o Addressee OVes ONo 3. Service Type 11 Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted DeHvery? (Extt8 Fee) e: Yes 2. ArticleNurnber(Copyfromservicela 7001 1940 0004 4486 0608 PS Form 3811, July 1999 Domestic Return Receipt 102595~99-M-1789 -o--.-,>_~._~ --~..-~_.--,,-------~ ~---_.< -'._.~~~-'-.,-- u.s Postell ServIce CERTIFIED MAIL RECEIPT (Dome::.tlc fllall Ollly No 1f1~U/<lI1C(} Covc/.1gc P!oVldcd) <D C ..D o ~ \ Cert:::: $ .:t' Return Receipt Fee C (Endorsement Requillld) ~ Restrfcted Delivery Fee ~ (Endorsement Required) Total Polllllgo & Foes r-'l C C l'- PS Form 3800, January 2001 See Reverse fot Inst! uctlons j , ~ B ~ .... CA ~(11 ~,~ ('. K~ J ] ~ \ \ - " (") c: ~ '" v ~ "'0 OJ fT S293 .. ~s;: c:. r (' p -':;:'''':- -~. <... ~. '",'fT -J 1-: .. -, )0>' :::-.-,f ::v -+J -< (,"l -< ~. ~ ~ ~ ~ PAMELA R. FRISCO, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : NO. 02-4522 CIVIL TERM v. : CIVIL ACTION - LAW RODNEY L. FRISCO, : IN DIVORCE Defendant. PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Melissa L. Van Eck, Esquire on behalf of Rodney L. Frisco, Defendant in the above referenced matter. Respectfully submitted Date: \~ -'I-Oy By: Y1u~ciV~ Melissa L. VanEck, Esquire Attorney ID No.: 85869 7800 A. Allentown Blvd. Suite B. Harrisburg, P A 17112 (717)5410-5406 Attorney for Defendant \"/ (') c; '11 ' ,..." c::> c,:, ..t::~.. c::; p-' ("-; ~~f~ --l -,- !llp~~ ~8[9 , ) '''J c -n _~j~'t c.) 1'0 <...) Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4522 CIVIL TERM PAMELA R FRISCO, v. CIVIL ACTION - LAW RODNEY L FRISCO, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about September 19, 2002, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3, I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree, 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 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 above 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. !J ) Date: 3, 3/- oh ~ ~IUJG() Pamela R Frisco, Plai tiff :269814 13083-1 ,'J "--=J .--':'" ;~-' Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 30 1 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 1 09 (7l7) 761-4540 Attorneys for Plaintiff PAMELA R FRISCO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-4522 CIVIL TERM v, CIVIL ACTION - LAW RODNEY L. FRISCO, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about September 19, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3, I consent to the entry of a final Decree of Divorce after service of notice of Intention to request entry of the Decree. 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 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 above 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: t..f-:;- - Die> :269814 13083-1 .t - --~ c Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PAMELA R. FRISCO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-4522 CIVIL TERM RODNEY L FRISCO, CIVIL ACTION - LAW Defendant 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code, 2. Date and manner of service of the Complaint: Certified mail, restricted delivery, to Defendant on September 24, 2002 and received by Defendant on September 25, 2002. 3. Date of execution of the Affidavits of Consent required by Section 3301 (c) of the Divorce Code: By the Plaintiff: March 31, 2006; By the Defendant: April 5, 2006, 4. Related claims pending: None. 5. Date Waiver of Notice in Divorce was filed with the Prothonotary: Plaintiff's Waiver of Notice in Divorce was signed on March 31, 2006 and filed concurrently herewith; Defendant's Waiver of Notice in Divorce was signed on ~p.' , 06 and filed concurrently herewith, J ' ) /_ JOHNS N, 0 FIE, S ART Date: /-1-/ 3.(Jr nr (-(, Melissa Peel Greevy Attorney 1.0, No, 77950 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 :269814 Attorneys for Plaintiff ?~~~~~~+++~~++++~+~+.~+.++.+++.++++++~+.+.+++++.++++.++.++~++.++.+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ++ + +. +. ~ +. +. +. +. +. + + +. '+' + +. + +. ++.++++.+++++.+++.+++~+++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +++.++.+++.+'+'++++++.+.+++++++++++~++.++++++++++++++++++++++++.++++ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PlIMEIA R. FRISCO VERSUS ROONEY L. FRISCO AND NOW, PENNA. No. 02-4522 CIVIL TERM DECREE IN DIVORCE 0$/).:)7/,111 . (Vl rq- ~ 2006 , IT IS ORDERED AND DECREED THAT PlIMEIA R. FRISCO , PLAINTIFF, AND ROONEY L. FRISCO , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT IDNE. Arrcc~f~ PROTHONOTARY J. 7";;> >/c;l iz"/:2 '1/'::'/'7"';;:" 'Jll h .P 4~'f:':?~ ~'-'~) P7.) .?Jh./ .. >.