HomeMy WebLinkAbout99-03163Y
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF PENNA.
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DONNA M. ENGLE
• PLAINTIFF \>,..3163 CIVIL 1999
el Versus
JERRY A. ENGLE
DEFENDANT
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DECREE IN
DIVORCE
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AND NOW . ............ ....? ......... 19?'7 ... , it is ordered and
o DONNA M. ENGLE
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ecreed that ..............................
plaintiff,
and . . . . . . . . . . . . . . . . . . . . . . JERRY. A... ENGLE • • , • .. , . • , , •
....... , , , • • • , defendant,
S are divorced from the bonds of matrimony.
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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DONNA M. ENGLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
IN DIVORCE
JERRY A. ENGLE,
Defendant NO. 99-3163 CIVIL TERM
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(d) of the Divorce
Code.
2. Date and manner of service of the complaint: Complaint served by U.S. mail,
certified, restricted delivery, return receipt requested on Jerry A. Engle, c/o Pat Close, at 54
Aspen Road; Dillsburg, Pennsylvania 17019 on June 16, 1999, as evidenced by the Certificate of
Service filed on June 18, 1999.
3. Date of execution of the affidavit required by Section 3301(d) of the Divorce
Code: May 25, 1999.
4. Date of filing and service of the plaintiffs affidavit upon the respondent:
Plaintiffs affidavit filed on May 25, 1999. Plaintiffs affidavit served upon the respondent on
June 16, 1999 by U.S. mail, certified, restricted delivery, return receipt requested at 54 Aspen
Road; Dillsburg, Pennsylvania 17019, as evidenced by the Certificate of Service filed on June
18, 1999.
5. Related claims pending: None.
6. Date and manner of service of the notice of intention to file Praecipe to Transmit
Record, a copy of which is attached: Notice of intention to file Praecipe to Transmit Record
served by first class U.S, mail, postage prepaid on July 12, 1999.
Judson B, Perry
Certified Legal Intern
A
ROBERT E. RAINS'
THOMAS M. PLACE
Supervising Attorney
DONALD M. MARRITZ
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-2968
Fax: (717) 243-3639
Date Y' to- qq
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DONNA M. ENGLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
IN DIVORCE
JERRY A. ENGLE,
Defendant NO. 99-3163 CIVIL TERM
NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE
TO: Jerry A. Engle
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counteraffidavit to the plaintiff's affidavit. Therefore, on or after August 3, 1999, the
plaintiff can request the court to enter a final decree in divorce.
If you do not file with the prothonotary of the court an answer with your signature
notarized or verified or a counteraffidavit by the above date, the court can enter a final decree in
divorce. Unless you have already filed with the court a written claim for economic relief, you
must do so by the above date or the court may grant the divorce and you will lose forever the
right to ask for economic relief.
A COUNTERAFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY
OF THE COURT IS ATTACHED TO THIS NOTICE.
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
(717) 249-3166
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DONNA M. ENGLE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE
JERRY A. ENGLE,
Defendant : NO. 99- '? 13 CIVIL TERM
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 in
the Office of the Prothonotary, Cumberland County Courthouse, 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, Pennsylvania 17013
(717) 249-3166
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. You must attend the scheduled conference or
hearing.
DONNA M. ENGLE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE
JERRY A. ENGLE,
Defendant : NO. 99- 316 3 CIVIL TERM
COMPLAINT UNDER 23 Pa C S SS 3301(c) and 3301(d) OF THE DIVORCE CODE
The plaintiff, Donna M. Engle, by her attorneys, the Family Law Clinic, sets forth
the following cause of action:
1. Plaintiff is Donna M. Engle, who currently resides at 315 North Pitt Street;
Carlisle, Pennsylvania 17013.
2. Defendant is Jerry A. Engle, who currently resides at 1 West Penn, Apartment
521; Carlisle, Pennsylvania 17013.
3. Plaintiff has been a bona fide resident of Cumberland County and the
Commonwealth for at least six months immediately previous to the filing of this Complaint.
4. The plaintiff and defendant were married on April 26, 1991 in Renova,
Pennsylvania.
5. Plaintiff and defendant have lived separate and apart since May 1996.
6. There have been no prior actions of divorce or for annulment between the parties.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that plaintiff or
defendant may have the right to request that the court require the parties to participate in
counseling.
WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the
marriage.
Date 5 a5' y?
Judson B. Perry
Certified Legal Intern
THOMAS M. PLACE
ROBERT E. RAINS
Supervising Attorney
DONALD MARRITZ
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717) 240-5204
Fax: (717) 243-3639
46
Understanding that the making of any false statement would subject me to the
penalties of 18 Pa.C.S. §4904, the undersigned verifies that the statements made in the
foregoing Complaint are true and correct, to the best of my knowledge, information and
belief.
Date 5-,2T 99 `m . e
Donna M. Engle ?-
Plaintiff
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DONNA M. ENGLE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : CIVIL ACTION - LAW
IN DIVORCE
JERRY A. ENGLE,
Defendant : NO. 99- 3) ?63 CIVIL TERM
NOTICE TO DEFENDANT
If you wish to deny any of the allegations set forth in this affidavit, you must file a
counteraffidavit within twenty days after this affidavit has been served on you or the
statements will be admitted.
1. The parties to this action are separated and have continued to live separate and
apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. 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.
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
unworn falsification to authorities.
Date Donna M. Engle
Plaintiff
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DONNA M. ENGLE,
Plaintiff
V.
JERRY A. ENGLE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LAW
: IN DIVORCE
NO. 99- 3163 CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Donna M. Engle, Plaintiff, to proceed in forma pauperis.
The undersigned counsel for the party proceeding in forma pauperis certify that they
believe the party is unable to pay the costs and that they are providing free legal service to the
parry. The party's affidavit showing inability to pay the costs of litigation is attached hereto.
`1Gdson B. Perry
Certified Legal Intern
k El
ROBE T E. RAINS
THOMAS M. PLACE
Supervising Attorney
DONALD MARRITZ
Staff Attorney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-2968
Fax: (717) 243-3639
4
DONNA M. ENGLE,
Plaintiff
V.
JERRY A. ENGLE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
NO. 99- 3163 CIVIL TERM
AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
1. I am the plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to
pay the costs of litigation.
3. 1 represent that the information below relating to my ability to pay the fees and
costs is true and correct.
(a) Name: Donna M. Engle
Address: 315 North Pitt Street; Carlisle, PA 17013
Social Security No.: 179-44-7508
(b) Employment
If you are presently employed, state
Employer: None
Address: N/A
Salary or wages per month: N/A
Type of work: N/A
If you are presently unemployed, state
Date of last employment: November 1997
Salary or wages per month: $5.50 per hour
Type of work: retail
(c) Other income within the past twelve months
Business or profession: None
Other self-employment: None
Interest: None
Dividends: None
Pension and annuities: None
Social security benefits: None
Support payments: $340 per month
Disability payments: None
Unemployment compensation and supplemental benefits: None
Workman's compensation: None
Public Assistance: None
Other: Food Stamps -- $370/month
(d) Other contributions to household support
Name: None
If your husband is employed, state
Employer: N/A
Salary or wages per month: N/A
Type of work: N/A
Contributions from children: N/A
Contributions from parents: N/A
Other contributions: N/A
(e) Property owned: None
Cash: None
Checking account: None
Savings account: None
Certificates of deposit: None
Real estate (including home): None
Motor vehicle: Make , Year -- Does not own a vehicle
Cost, Amount Owed $
Stocks; bonds: None
Other: None
(f) Debts and obligations
Mortgage: N/A
Rent: $40.00 per month
Loans: None
Other: Gas -- $55.00/month; Electric -- $36.00; Telephone -- $30.00/month; Food
not covered by Food Stamps -- $100.00/month; Medical Expenses --
$10.00/month; Grooming -- $30.00/month; Clothing -- $25.00/month; Rent-To-
Own Washer Dryer Payment -- $52.00/month
(g) Persons dependent upon you for support
Children, if any:
Name: Brandon Age: 14
Name: Melanie Age: 8
Name: Whitney Age: 6
Other persons: None
Name:
Relationship:
4. I understand that I have a continuing obligation to inform the court of
improvement in my financial circumstances which would permit me to pay the costs incurred
herein.
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. §4404,
relating to unsworn falsification to authorities.
Date 5-05-7/
Donna M. Engle
Petitioner
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DONNA M. ENGLE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE
JERRY A. ENGLE,
Defendant : NO. 99-3163 CIVIL TERM
CERTIFICATE OF SERVICE
I, hereby certify that I have served a true and correct copy of the Divorce Complaint
and Plaintiff's Affidavit on Jerry A. Engle, at 54 Aspen Drive; Dillsburg, York County,
Pennsylvania 17019 by U.S. mail, certified, restricted delivery, return receipt requested,
postage prepaid; and by first class U.S. mail, postage prepaid. Service was complete upon
receipt by Jerry A. Engle on the "k day of SuN ' , 1999 as evidenced by his
signature on the attached green card.
Judson B. Perry
Certified Legal Intern
Z 332 848 834
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail (See reverse)
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DONNA M. ENGLE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
: IN DIVORCE
JERRY A. ENGLE,
Defendant : NO. 99-3163 CIVIL TERM
CERTIFICATE OF SERVICE
I, hereby certify that I have served a true and correct copy of the Divorce Complaint
and Plaintiff's Affidavit on Jerry A. Engle, at 54 Aspen Drive; Dillsburg, York County,
Pennsylvania 17019 by U.S. mail, certified, restricted delivery, return receipt requested,
postage prepaid. Service was complete upon receipt by Jerry A. Engle on the I b TH day
of ?C?N E 1999 as evidenced by his signature on the attached green card.
Judson B. Perry
Certified Legal Intern
__,.......__ FAMILY LAW CLINIC
45 North Pitt Street
Z 332 848 788 Carlisle, Pennsylvania 17013
US Postal Service (717) 243-2968
Receipt for Certified Mail (717) 243-3639
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DONNA M. ENGLE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE
JERRY A. ENGLE,
Defendant : NO. 99-3163 CIVIL TERM
CERTIFICATE OF SERVICE
1, hereby certify that I have served a true and correct copy of the Praecipe to Transmit
Record and Vital Statistics form on Jerry A, Engle, c/o Pat Klose, at 54 Aspen Road;
Dillsburg, York County, Pennsylvania 17019 by this date placing the same in the U.S. mail,
first class, postage prepaid, addressed as above.
Date P- 16, 99
Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-2968
Fax: (717) 243-3639
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Judson Certified B. Perry