HomeMy WebLinkAbout04-0059
DAVID L. SHENK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2004 -J7 CIVIL TERM
TRACEY H. SHENK,
Defendant
IN DIVORCE
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 action. You are warned that if you fail to do so, the case
may proceed without you and a decree in 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 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 17013.
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
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. You must attend the scheduled conference or hearing.
DAVID L. SHENK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2004 -!A CIVIL TERM
TRACEY H. SHENK,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
NOW comes the Plaintiff, David L. Shenk, by his attorney, Marcus A. McKnight, Ill,
Esquire, and files this Complaint in Divorce against Defendant, Tracey H. Shenk, representing
as follows:
1. The Plaintiff is David L. Shenk, an adult individual residing at 190 Meadows Road,
Newville, Cumberland County, Pennsylvania 17241.
2. The Defendant is Tracey H. Shenk, an adult individual residing at 151 Conodoguinet
Mobile Estates, Newville, Pennsylvania 17241.
3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six
months prior to the filing of this action in divorce.
4. The Plaintiff and the Defendant were married on May 2, 1998, in Dickinson Township,
Cumberland County, Pennsylvania.
6. The Plaintiff and Defendant have one child, namely Dillan M. Shenk, born November
10,1996.
7. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon
which this action is based that the marriage between the parties is irretrievably broken.
8. The Plaintiff avers that he has been advised of the availability of counseling and that said
party has the right to request that the court require the parties to participate in counseling.
WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the
two parties.
Respectfully submitted,
By:
mwm&M~Jl
Marcus Ai II, uire
y for Plaintiff
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3 2
(717) 249-2353
Supreme Court 1. . No. 25476
Date: January 6, 2004
VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by counsel and myself in the preparation ofthis action. 1 have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
&~
Date: January 6, 2004
DAVID L. SHENK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2004 -
CIVIL TERM
TRACEY H. SHENK,
Defendant
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, 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.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: January 6, 2004
~;9~lA1L
Defendant
@
~"
~-:~;
,-
c)
-n
.-,
"r.::n
n'r:-
:ni:f1
,';'13
'.~~;()
ijij
_c~:,~.~
~ () ~
~ --5;)
r--' '2>
f'. "\\::..
"-. UJ,
\' ~<,
--- ,,)t
-to -v
--"". ur S4
--..:..
~
-" ,~
....:.':..
,
c\
-.'j
,r)
'-:1 -<
DAVID L. SHENK,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
2004-59 CIVIL TERM
TRACEY H. SHENK,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i)
COMMONWEALTH OF PENNSYL VANIA
SS:
COUNTY OF CUMBERLAND
NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does
depose and state:
1. That he is a competent adult and attorney for the plaintiff in the captioned action in
divorce.
2. That a certified copy of the Complaint in Divorce was served upon the defendant,
Tracey H. Shenk, on January 10, 2004, by certified, restricted delivery mail, addressed to her at
151 Conodoguinet Mobile Estates, Newville, Pennsylvania 17241, with Return Receipt Number
70020860000010744797.
3. That the said receipt for certified mail is signed and attached hereto and made a part
hereof.
I verify that the statements made in this affidavit are
false statements herein made are subject to the penalties of
unsworn falsification to authorities.
and correct. I understand that
S. Section 4904, relating to
~~--
Date: January 13, 2004
I:J Return ReceIpt Fee
...[] (Endorsement Required)
I:CJ RestrlctedOellv<<y
I:J (Endorsement Requ
n.J --..,- $
CJ
CJ
I"-
Postage $
I"-
IT"
I"-
3"
3"
I"-
~ .Q 116,<<74 I sSmcl
, <6)
:/, ~O
1,75
3,50
q,39,
CJ
CJ
CJ
CJ
Certified Fee
ent 0
HS TRACEY H SJIENK
S;;.H;:jp':-iii1::.~------------....u...---_---m..-----.uu ..... it'.... "It ......;..
or PO'" N~51 CONODOGUINET MOBILE ESTATES
c;,y,.iiiO;o...iw..PA..i.724i......m...............m.............
. Complete nama 1, 2, end 3. Also complete
-. 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the rnailpiece,
or on the front n space pennils.
1. Artic:Ie Addressed to:
A. SIgnature
X
C. Date of ~
o Ves
DNa
lIS TRACEY B SBEIIlK
151 COlIOl)()G(JlNB MOBILE ESTATE
lUVVILLE PA 17241
,/
....
3. Service Type
~IliedMalI
o Registerod
D Express Mail
Ii Return Receipt for Men:handlse
4. Restricted DelIve<y? (Extra Fee) Ii Yes
2. Article Number
(TrwJSfer from servfce fabel)
PS Porm 3811, August 2001
7002 0860 0000 1074 4797
Domestic Return Receipt 102595-02.M.1035
0 ", 0
=
f~~ "'" -n
J..-
L- .....
t-;:' -r.."
1';-:: < ::r~.. I flr__
Z :8~
~.) S;;
-"-:22
,-' (j(~)
c- -- :;',,')rn
~:_; S.;> ::::-1
'-.
.,<.. 'iJ
::;! W
'-" -<
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this ~aY of January, 2004, by and between TRACEY
H. SHENK, (hereinafter referred to as "WIFE") and DAVID L. SHENK, (hereinafter referred
to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on May 2, 1998, in
.....;.:..~,..,.
Dickinson Township, Cumberland County, Pennsylvania, and were separated on October 1,
2003. The parties hereto agree and covenant as follows:
1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4.
. ~ '. -. . "'--" :""<o'~~'-'iIrr
The consideration for this contract and agreement is the mutual benefltto be obtainect ~
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she,
respectively:
(1) is represented by counsel of his or her own choosing;
(2) is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advice of counsel;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
2
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401 (e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each party
further represents that he or she has made a full and fair disclosure of all debts and obligations of
any nature for which he or she is currently liable or may become liable. Each further represents
and warrants that he or she has not made any gifts or transfers for inadequate consideration of
Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
3
7.
REAL ESTATE: WIFE waives any claim to the real estate owned by HUSBAND
located at 190 Meadows Road, Newville, Pennsylvania 17241.
8.
SUPPORT: HUSBAND will not provide spousal support or alimony to WIFE before or
after the divorce. WIFE will not provide spousal support or alimony to HUSBAND before of
after the divorce.
9.
PERSONAL PROPERTY: The parties agree that the personal property shall be divided
as follows:
HUSBAND shall receive the following items:
a. The personal property in his possession;
b. His bank accounts;
c. Any Life Insurance Policy; and
d. Any retirement account and/or employee benefits.
WIFE shall receive the following items:
a. The personal property in her current possession;
b. Her bank accounts;
c. Any life insurance policy; and
d. Any retirement account and/or employee benefits.
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
4
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose
of same as fully and effectually, in all respects and for all purposes as if he or she were
unmarried.
Each party agrees that neither will incur obligations, liens or liabilities on account of the
other and that from the date of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
10.
AUTOMOBILES:
a.) WIFE agrees to waive any and all interest which she may have in HUSBAND's
motor vehicles.
b.) HUSBAND agrees to waive any and all interest which he may have in WIFE's
motor vehicles.
11.
MARITAL DEBTS & BANKRUPTCY: Each party will be responsible for their own
debt incurred after the date of separation. It is hereby understood and agreed by and between the
parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy
proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy.
Both parties warrant that he/she has not heretofore instituted any proceeding pursuant to the
bankruptcy laws nor are there any such proceedings pending with respect to himJher which have
been initiated by others.
5
12.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, profit sharing or medical benefits of either party, shall be their own.
WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND
waives all right, title, and claim to any of WIFE's employee benefits.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE.
14.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
15.
BREACH: If either party breaches any provisions 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 available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
6
16.
TAX EXEMPTIONS: HUSBAND will be entitled to use the minor child, Dillan M.
Shenk, each year as a federal income tax exemption.
17.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
18.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained" tr~'W~~eir respective counsel, and each party acknowledges
that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is
not the result of any duress or undue influence. The provisions of this Agreement are fully
understood by both parties and each party acknowledges that the Agreement is fair and equitable,
that it is being entered into voluntarily, and that it is not the result of any duress or undue
influence.
19.
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.
7
20.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
21.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
22.
PAYMENT OF COSTS: The parties agree to pay for their own costs required to obtain
and complete the divorce.
23.
WAIVER OF CLAIMS AGAINST ESTATES: 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 have 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, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each 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 relinquishment of all such interests, rights and claims.
8
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
\4ii.f-f./)( .,*,"'y~~jU.;.)~
I .
':l\f\..( LlI'V\ S~\.i\ L (SEAL)
TRACEY H. SUENK
. ,
~tun(-;y:cFfd,f.(.Jd~
f1,vJf )!,,-LSEALl
DAVID L. SH~"
9
COMMONWEAL TH OF PENNSYL VANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEAREO BEFORE ME. ilij, JE <by of I ... ~
2004, a Notary Public, in and for the Commonwealth of PennsylvanIa and Co\m\y of
Cumberland, TRACEY H. SHENK, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
she executed the same for the purposes therein contained.
~~~:~~YLVANIAI
,.". L ,'l,J.. 1M Nt.~;tty P!:JDffc
~~" (l,~..,Counfv
hl;~, "~-~'8,2lI07
MilIilllilr, ~;;-li\_t1OnOfNaWleo
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND .
PERSONALLY APPEARED BEFORE ~E' this gy of {L
2004, a Notary Public, in and for the Commonwealth of pennsytva(ja and of
Cumberland, DAVID L. SHENK, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand
I COMMONWe:~NNSYLVANIAI
Mal1ha L Noel. NotaIy Pul1Ic
CadisIe Boo. ~CclooIy
My Cam1ission ""'*"" Sept 18. 2007
Member, Pennsylvania ASSOCiation Of Notaries
10
.-'
,<..,
~..;.J
~
C,)
n
,::;,
...4
':-n
~ --;\ \-~
\--r,
-;::;J
~-- '\ (j),
"i'.--?
UJ
DAVID L. SHENK,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2004-59 CIVIL TERM
TRACEY H. SHENK,
Defendant
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 6,
2004.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed
from the date ofthe filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. 1 understand that 1 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn
falsification to authorities.
Date: MAY 13, 2004
JJ.d/
Plaintiff
"'-'
C":":,
<::":':'1
c;
-fl
:~:j
,',',
r~.)
en
,_-,U
DAVID L. SHENK,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2004-59 CIVIL TERM
TRACEY H. SHENK,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 6,
2004.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed
from the date of the filing of the complaint.
3. 1 consent to the entry of a final decree in divorce.
4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn
falsification to authorities.
Date: ~ lfb) ()~
~Ao.C~_1_\-\ S ~Y'\ t
TRACEY H. SW:NK
Defendant
(.')
c"
"'-.J
{"~"J
'::;:,
.~::...
;'.1'
~.:';
"
Co....)
DAVID L. SHENK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2004 -59 CIVIL TERM
TRACEY H. SHENK,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final Decree of Divorce without notice.
2. 1 understand that 1 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 in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: MAY 13. 2004
j)~ I!
DAVID L. SHEV J ."
Plaintiff
C.~
r-'
.;;-~
~~:;J
-"'"
';.{,
(.:~
_("1(;0
_,..C;:
c./) (~) ;-.~
, .....~.-
f....?
,
/~ ~)
DAVID L. SHENK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2004 -59 CIVIL TERM
TRACEY H. SHENK,
Defendant
IN DIVORCE
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! 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: Y ) ;x,)() ~
~~~C\LU V\S~~
TRACEYH. S~ENK
Defendant
''''
~2
o
-q
:."!
c..c)
C,,)
C')
c:;;
DAVID L. SHENK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2004 -59 CIVIL TERM
TRACEY H. SHENK,
Defendant
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
I. 1 have been advised of the availability of marriage counseling and understand that 1 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.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: Lf /3D/ 6 "f
'\ AD--CLY t.-\. S~X\ t
TR:;tCEY H. SHE'NK
Defendant
:-.)
C.:'-> C)
'-....;.;,. "1
,
~1::
\"1.
-
C,<_)
'.
-'
r--)
-
-<' , ;
,,:; .--....
DAVID L. SHENK,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2004-59 CIVIL TERM
TRACEY H. SHENK,
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:
]. Ground for Divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon
the defendant, Tracey H. Shenk, on January lO. 2004, by certified, restricted delivery mail, addressed to her at 151
Conodoguinet Estates. Newville. Pennsylvania, ]7241, with Return Receipt Number 7002 0860 0000 lO744797.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by Section 330](c) of the Divorce
Code: by plaintiff: May ]3,2004; by defendant: April 30, 2004.
(b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant:
4. Related claims pending: NONE.
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record,
a copy of which is attached:
(b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was med with the
Prothonotary: May ]3,2004
Date defendant's Waiver of Notice in
Prothonotary: May] 3, 2004.
was med with the
Date: May 13, 2004
{-.,
......,
iZ3
~-
(-:;
-on
--;;::
L~
C')
C:.J
.,
" ,
. . .
, ,
.
.
:+: '" I'
"
. I 'll:li'"
. .
.
.
IN THE COURT OF COMMON PLEAS
.
OF CUMBERLAND COUNTY
.
STATE OF
.
.
.
.
.
.
.
DAVID L. SIIEIlK,
.
.
.
PLAII!lTIFF
VERSUS
.
.
.
TRACEY H. SIIEIlK,
.
.
.
DEFENDANT
.
.
.
.
.
.
.
.
.
.
AND NOW,
DECREED THAT
.
.
AND
.
.
PENNA.
No. 2004-59 CIVIL TERM
DECREE IN
DIVORCE
,...,,,
/8"
, Zeo'l , IT IS ORDERED AND
DAVID L. SIIEIlK
, PLAINTIFF,
TRACEY H. SIIEIlK
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
.
:Ii,.,:f. '"
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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;
.
.
.
The Marriage Settlement Agreement dated January 14, 2004, and si2ned by the
.
.
parties is
.
.
.
into this Divorce Decree, but not merged.
BY THE COU~ d
PROTHONOTARY
.
.
.
.
.
.
.
.
J.
.
.
.
.
.
.
.
.
.
~,.? ff ~V14 ~7~7 /7(/(?cr;-
~Plf/ p ?- h~~) Pt/ A()- (J{"?
, .
.'. , .
. .'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
~~ ef\\c L\ Da-\l; ~
Plaintiff
Vs
FileNo.
'~~,^I / c-C -. I
c,/cv-r-:)7 C. 'v,
IN DIVORCE
S"'" E'i('. ~
\-t \~C ~
, Defend';t I
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff ( defendant in the above matter,
[select one by marking "x"]
_ prior to the entry of a Final Decree in Divorce,
or ~ after the entry of a Final Decree in Divorce dated S II '1l / 9 II
hereby elects to resume the prior surname of B f? 0-- -c-' , and gives this
written notice avowing his (her intention pursuant to the provisions of 54 P.S. 704.
Date: ! :) Il 3 I oS ~o..~. \-\ S'N> (\ k
~lgnature
:J~~ \-\ B~
Signature 0 name bemg resumed
COMMONWEALTH.OFAPENJiSYLVANIA )
COUNTYOF~
On the n day of Nl iYfrr7} Jfn J ,2005, before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and aclmowledged that he ( she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my, hand and official
seal.
r.; ,"';TARIAl SEAL
CAR ,7';J "H~l'I'~TAR~ ~OTARY PUBLIC
'_':'!~'A~~';;'_'.3~~I~Ut~U~~~: ~SE
.---'"--
7v
~.
-......
~
.,
-""u
~
')
'b
,,"-,'-,
r
""'"
~
<>
"
"
~'"
-
-~
~~;
".e~