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HomeMy WebLinkAbout09-2417V ! .r. Melody L. Enck IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 09- d111-7 CIVIL TERM Melvin E. Enck Defendant IN DIVORCE 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 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, 1 Courthouse Square, 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Melody L. Enck Plaintiff V. Melvin E. Enck Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 09- 2 4 /7 CIVIL TERM IN DIVORCE COMPLAINT UNDER §3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiff is who currently resides at Cumberland County, Pennsylvania. 2. Defendant is tl?t° ( » ?nCs , who currently resides at 6 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least the six months prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on )W ?t ZY, 1?,7 at `f A' J-77 ?v? it /ZICC .? ,-1 f_<A he ?a 5. The marriage is irretrievably broken, and the parties separated on 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the military service of the United States of America, but is in fact living at the address given in Paragraph 2 above. 4 4 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. a ate P aintif , Pro Se I, Mlfl0dy , verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 Pa. C.S. §4904. atPS e: ??4ce Pl ntiff, ro Se ' Assisted by: Darren J. Holst, Esq. Howett, Kissinger & Holst, P.C. 130 Walnut St., P.O. Box 810 Harrisburg, PA 17108 (717) 234-2616 ` NOTARY 2009 Ain 1 06 PH 2: 29 I , Melody L. Enck IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 09- a?0l CIVIL TERM Melvin E. Enck Defendant IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Melody L. Enck, Plaintiff, to proceed in forma ap uperis. I, Darren J. Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Darren i aHolst,/E3 lam/ Attorney for Plaintiff Howett, Kissinger & Holst, P.C. 130 Walnut St., P.O. Box 810 Harrisburg, PA 17108 (717) 234-2616 R! ED-4,-);-F:f'E TNT-^L:i'?ARY 2009 APR 16 Pi 9 2: 2 9 ?r Melody L. Enck IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 09- CIVIL TERM Melvin E. Enck Defendant IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that Plaintiff in the above matter filed a Complaint in Divorce filed on _ Melody Lynn Enck hereby intends to resume and hereafter use her previous name of Melody Lynn Emery and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980. elody L n Enck Melody Ly6n Emery 67 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On this, the c day of dmi ,2009, before me, the undersigned officer personally appeared FYl?l 1 6y jr- , also known as ff121 &er known to me (or satisfactorily proven) to be the person whose name is subscria to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. of NOTARIAL SEAL GINGER L. GONTZ. NOTARY PUBLIC CITY Of HARRISBURG. DAUPHIN COUNTY MY COMMISSION EXPIRES MAY 17, 2012 F1LEO-D I,E OF THE PROTHICINOTARY 2009 MAY 14 AM 9: 26 C1rv.: lNi ! E hJ isyfEl!`F``f"'ipH? $(1.00 QD PFF CAsm PTO, "60940 Melody L. Enck IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO.09-?(r CIVIL TERM Melvin E. Enck Defendant IN DIVORCE ACCEPTANCE OF SERVICE 1. Melvin E. Enck (Defendant), accepted service of a true and correct copy of the Complaint in Divorce under section 3301 (c) of the Divorce Code on the date written below. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. pdl'/7 fo 0 # 1 Date Melvin E. Enck, Defendant OF 11-E 2009 io,Y 15 Pi-i 2: it, ^I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELODY L. ENCK, Plaintiff ) v. ) MELVIN E. ENCK, ) Defendant ) NO. 09-2417 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT .A compl~;n+,n divorce under §?301..(c) of the lnivnrce ~''nde was filed c?r April 16, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in 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 §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. 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. §4904 relating to unsworn falsification to authorities. Date: ~~~. Melody L. E ck, Plaintiff ~L~3-t~~~lC~ C1F THE F'~?~~N~?-~!QTARY ZOD9 SEA -8 Pit f ~ ! ~~~V~~~~r~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELODY L. ENCK, Plaintiff ) v. ) MELVIN E. ENCK, ) Defendant ) NO. 09-2417 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under &3301(c~ of the Divorce Code was filed on April 16, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in 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 §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 dei;rec will be s<crt to me i:n~r_ediately after Wit. 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. §4904 relating to unsworn falsification to authorities. . , r= Date: lvin E. Enck, Defendant t~~}~i:~i~1~ OF 1HE T!-!~~a~'A~Y 209 SEP -$ Pty ! ~ ! 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELODY L. ENCK, ) Plaintiff ) v. ) MELVIN E. ENCK, ) Defendant ) NO. 09-2417 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TQ 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 §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by Melvin E. Enck on May 7, 2009; Acceptance of Service filed on May 15, 2009. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, August 11, 2009; by defendant, August 11, 2009. 4. Related claims pending: No related claims pending. 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: `~ ~~~- D en J. H st, Esquire HOT; KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Melody L. Enck FILED-~~"r~CE Qf 'SHE F~C7~-'0~!OTARY 2~Q9 SEP -8 PSI I ~ ! b PE#~d('ti~ 4'LV,~"JIB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELODY L. ENCK V. MELVIN E. ENCK NO 2009-2417 CIVIL TERM DIVORCE DECREE AND NOW, ~ , ~ , it is ordered and decreed that MELODY L. ENCK plaintiff, and MELVIN E. ENCK ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Oburt, ~~ Attest: 11 J. ~. rothonotary j ~ ' 09 ~~- ~~~ rlr,~~ ~ ~ ~~~•~` ~.., ..