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Home My WebLink About02-1007 MARY E. ENCK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW TERRY M. ENCK, NO. 0;;4 - lbC>l Clu~l'-r~ v. 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 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: Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, 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. The Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PAl 17013 ~~ Attorney for Plaintiff TUCKER ARENSBERG & SWARTZ P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 MARY E. ENCK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. TERRY M. ENCK, NO. 0;1 ~ 1007 Gu~(, ~~ Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Mary E. Enck, an adult individual who is sui juris and resides at 26 East Countryside Drive, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is Terry M. Enck, an adult individual who is sui juris and resides at 26 East Countryside Drive, Boiling Springs, Cumberland County, Pennsylvania. The present whereabouts of the Defendant, Terry M. Enck, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 2, 1982, in Winchester, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. TUCKER ARENS BERG & SWARTZ BY'~~ /'" Sandra L. Me' lton P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff 46339.1 VERIFICATION I, Mary E. Enck, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ;m a ~~ C, b'lcAC M~ry . E k DATED: +f-h.2-L- I UroZ- ~~ ,~ )\.)...0 7-J .c:: ~..c: -- " ~ ~fIl~ . . 0>8vr I I C ~~ ~~ '-(,~ o o N C ?;:: ::r:: -om ~ ~93 I Zt;, ~5 ~ ~o -0 )>c ?; w =< \D o -\I @ -f -1_11 ;-;"1F --c., (Y1 .~.j9 SiQ ;.~):Q ~~N\ - 0 .. ~ ~ MARY E. ENCK, Plaintiff v. TERRY M. ENCK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-1007 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF DAUPHIN ) AND NOW, this ,..... day Of~, 2002, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Gloria M. Rine, legal assistant to Sandra L. Meilton, who being duly sworn according to law, deposes and says that on March 5, 2002, she mailed a time stamped and certified copy of a Complaint in Divorce, by certified mail no. 7099 3400 0016 3623 6573, restricted delivery, return receipt requested, to Terry M. Enck, 26 E. Countryside Drive, Boiling Springs, PA 17007, and the same was received on March 6,2002 by Terrance M. Enck, as indicated by the return receipt card which is attached hereto. Sworn to and subscribed before me this ~ day of ~ r>-L , 2002. ,~~~~ (SEAL) Notarial Seal Pauline Patti Thomas, Notary Public Harrisburg, Dauphin County My Commission Expires Mar. 24, 2003 Member, pennsykx,ii.l :,~;~;ociatlon 01 NotarloS ~YJJ, ~ Gloria M. Rine I"T1 .... Ul ...n I"T1 N ...n I"T1 ...n r-'l o o Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total pottage & F.... $ postmark "'M , o o ;:r- rn Recipient.. Name (Please Print Clearly) (to be completed by mailer) MR. TERRY M. ENCK [J'"" .streerAPCFio.;-o-,-Pd-i:iox-{.io.--mnu-------------mm--------________m____________ IT" ~6 _E,_ ~~:I:J;lE:.--D.~mmm-.m-m.mmm-m C .CItY."State. ZIP+4 -- - .... OOILING spRIOOS, PA 17007 I also wish to receive the following BelVices (for an extra tee): 1. 0 Addressee's Address 2Xl1 Restricted Delivery Consult postmaster for fee. 4a. Article Number 7099 3400 0016 3623 6573 ... SENOI!R: ~ . Complete items 1 and/or 2 for additional services. (I) . Complete items 3, 4a, and 4b. : . Print your name and address on the reverse of this form sq. that we can return this ... card to you. ~ . Attach this form to the front of the mail piece, or on the back if space does nol .. 00""11. I.. . Write "Return R9CBipt Requested" on the mailpiece below the article number. .! . The Return Riceipt will show to whOm the article was delivered and the date .. delivered. l5 3_ Article Addressed to: 'g .j;:. ~ MR. 'l'ERMl M. ENCK ~ 26 E. c$Nl'RY'SIDE DRIVE 8 ool.L.D.~~, PA 17007 ''''; PS Form 3811, Decembe, 1994 al u ~ .ll 1S. ';;; u .l! c ~ " lXKCertified i '" c 'ij " ~ .2 " o >- " c .. .c ... uested 102515-98-B-0229 Domestic Return Receipt . .u,. ;~-,:: , trik o ~e 'P Q :!;Q cY ;;3 :;;:> $; <:: i::~r ~ ?, oO~ -r~T- ::!:;':J Sl..:.'" '- ~ ~ C) c:: a c~ 1'V ~-n ~ :::;,.. ;~:J I f::) ':! () :n ~~,; S'J . () -..< MARY E. ENCK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 02-1007 CIVIL TERM TERRY M. ENCK, Defendant : IN DIVORCE PETITION FOR EQUITABLE DISTRIBUTION. ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE AND NOW comes the Plaintiff, by and through her attorneys, Tucker Arensberg & Swartz, and petitions this Honorable Court as follows: COUNT I: CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 1. Plaintiff and Defendant are the joint owners as tenants by the entireties of the following real estate which is subject to equitable distribution by this court: (a) Marital residence located at 26 East Countryside Drive, Boiling Springs, Cumberland County, PA (b) Cabin and real estate located in North Middleton Township, Cumberland County, PA 2. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 3. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. COUNT II: CLAIM FOR ALIMONY UNDER THE DIVORCE CODE 4. Plaintiff has inadequate means of support for herself except as provided for by Defendant. 5. Defendant is employed as a furnace operator at PPG Industries, Inc. with an approximate annual gross salary of $35,000. Plaintiff is employed as a teacher in the West Perry School District earning approximately $33,000 annually. COUNT III: CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE 6. Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 7. Defendant is full well and able to pay Plaintiff Alimony, Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. Directing the Defendant to pay Alimony to the Plaintiff; D. Directing the Defendant to pay Alimony Pendente Lite and Plaintiffs counsel fees and the costs of this proceeding; and E. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG & SWARTZ I BY:~~ ,/ Sandra L. Meilt n Attorney I.D. NO. 32551 111 N. Front St., P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff VERI FICA liON I, Mary E. Enck, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. (-1'1111 AJN ~l 0A~ ~ DATE: tg/t1/03- . CERTIFICATE OF SERVICE o AND NOW, this J5 day of ~, 2003, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: John C. Howett, Jr., Esquire P.O. Box 810 Harrisburg, PA171 08 J/j, <iL- Gloria M. Rine 58691.1 Jcl ~ ~ t tt- p ~ 0 - 0 (,J .l:: ~ ~ . ~ Cu:tJ -.J ~F [~ r'-t:- ~ 0 0 (, c (..,,~) -'h :;- 3: -rJ , I p;. "" ~: ~~,< - ..:..-::' (j) Oi r.:; , ::.'.... "TJ j" ~ ,.:- ~:~- " (~; )> ~..) i rl ''0 .1.~' -~ , 0 .~~l -<';: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) NO. 02-1007 MARY E. ENCK, Plaintiff TERRANCE M. ENCK, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR EOUIT ABLE DISTRIBUTION. ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE AND DEFENDANT'S NEW MATTER. AND NOW, comes the Defendant, by and through his attorneys, Howett, Kissinger and Conley, P.C. and answers Plaintiffs Petition as follows: COUNT I - ANSWER TO CLAIM FOR EOUlT ABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE. I. (A)-(B). Denied. It is denied that the parties are the joint owners as tenants by the entireties ofreal estate which is subject to equitable distribution by the Court. To the contrary, distribution of any such real estate is subject to and to be in accordance with the parties' pre-marital agreement of September 24, 1982. 2. Denied. It is denied that Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings that are subject to equitable distribution by this Court. To the contrary, distribution of said items is subj<lct to and to be distributed in accordance with the parties' pre-marital agreement of September 24, 1982. 3. Denied. It is denied that Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits subj ect to equitable distribution by this Court. To the contrary, distribution of said assets is subject to and to be distributed in accordance with the parties' pre-marital agr<:ement of September 24, 1982. COUNT II - ANSWER TO CLAIM FOR ALIMONY UNDER THE DIVORCE CODE 4. Denied. It is denied that Plaintiff has inadequate means of support for herself except as provided by Defendant. To the contrary, Plaintiff is employed as a teacher earning as much as, if not more than, Defendant. 5 Admitted in part. denied in part, neither admitted or denied in part. It is admitted that Defendant is employed at PPG Industries, Inc. with an approximate annual gross income of $35,000. It is denied that Defendant is employed as a furnace operator. To the contrary, he is employed as a Coater Processor. It is admitted that Plaintiff is employed as a teacher in the West Perry School District. However, it neither admitted or denied that Plaintiff is earning approximately $33,000 annually as, after reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of that allegation. Furthermore, and by way of further explanation, the parties' earnings are immaterial insofar as Plaintiffs entitlement to alimony is governed by the parties' pre-marital agreement of September 24, 1982. COUNT III - ANSWER TO CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE. 6. Denied. It is denied that Plaintiff has inadequate means of support for herself except as provided by Defendant. To the contrary, Plaintiff is employed as a teacher earning as much as, if not more than, Defendant. 7. Denied. To the contrary, Plaintiff earns as much as or more than Defendant and therefore Defendant is not financially able to pay Plaintiff alimony, alimony pendente lite, or counsel fees and expenses incident to the divorce action. Moreover, and by way of further explanation, Plaintiffs entitlement to alimony, alimony pendente lite, counsel fees and expenses is governed by the parties' pre-marital agreement of September 24, 1982. WHEREFORE, Defendant requests this Honorable Court to deny and dismiss Plaintiffs Petition for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Expenses Under the Divorce Code. NEW MATTER 8. On September 24, 1982, prior to their marriage, the parties hereto executed a pre- marital agreement which governs the distribution of property and entitlement to alimony, alimony pendente lite, counsel fees and expenses in the event ofthe parties' divorce. 9. Plaintiff has challenged the validity of the agreement by filing her Petition for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Expenses Under the Divorce Code. Moreover, assuming that the September 24,1982 pre-marital agreement is valid, the parties disagree as to the impact of said agreement. 10. The parties are in agreement that a hearing should be scheduled to determine the validity of the pre-nuptial agreement and, if valid, the impact of the agreement on the parties' economic rights incident to the divorce action in the nature of an action for declaratory judgment. WHEREFORE, Defendant respectfully requests this Honorable Court schedule a hearing to determine the validity ofthe September 24, 1982 pre-marital agreement and ifit finds the agreement to be valid, the impact of said agreement on the p.arties' economic rights incident to the divorce action. Date: ~/kr~ 3 C. Howett, Jr., quire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street IP.O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Terrance M. Enck VERIFICATION I, Terrance M. Enck, hereby swear and affirm that the facts contained in the foregoing Defendant's Answer to Plaintiff's Petition are true and correct to the best of my knowledge, information and belief and are made subj ect to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: June 25, 2003 ~ / ~A4A'./ Terrance M. Enck >>f. t:Je IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MARY E. ENCK, Plaintiff ) ) ) ) ) ) ) NO. 02-1007 v. TERRANCE M. ENCK, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, John C. Howett, Jr., Esquire, counsel for Terrance M. Enck, Defendant in the above- captioned action, hereby certify that a true and correct copy of Defendant's Answer to Plaintiffs Petition for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Expenses Under the Divorce Code and Defendant's New Matter was served upon Sandra L. Meilton, Esquire, counsel for Plaintiff Mary E. Enck, by depositing same in the United States mail, first class, on June 25, 2003, addressed as follows: Date: ,Arlo) t t Sandra L. Meilton, Esquire TUCKER, ARENSBERG & SWARTZ P.O. Box 889 Harrisburg, P A 17108 ur~~ J C. Howett, Jr., Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Telephone: 717-234-2616 Counsel for Defendant Terrance M. Enck (') 0 ~ ~ w 'lJf:c; [:::: :::"1 , ::g "'1'-:':) :.r: h., 2J:.' '" "';'1'7 2("- (jj ):~: 0, -..'~O -( (~)(~ " r-', -0 ;.h. ~, ~l~ ~() :1: :l> C..' ~ c: ~ .,.., :::> "" :0 -( '1:> -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) NO. 02-1007 MARY E. ENCK, Plaintiff TERRANCE M. ENCK, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER ;ti AND NOW, this 7f day of l)u-1-J ' 2003, upon consideration ofthe foregoing Defendant's Answer to Plaintiffs Petition for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Expenses under the Divorce Code and Defendant's New Matter, the Court hereby schedules a hearing for m dl.-iu7_ ~, 2003 in Courtroom No. 'f- at .I; 30 o'clock F.m. at the Cumberland County Courthouse. BY THE COURT: / 1Jd- J. 7-~-00 ~ ~k.: ~ rt-eili:M. ~ ijz;we:6L ?"'j/I1--(j-M , C-f)1'(j IfIN\I!\l,\SNN3d llhl()/....v~) 0r,:':,'i,~_qQ,^J/"V"\ l". I~, '-..'-.' "-"-,l",I"l{/ fV tiLl : 11 8- 'mr ro }\bVLC.I\....'J,: ,',,'_c:.::'::,! ~:i!~.;.i. :10 3:JL-:J:!i..}-'O:n:;f MARY E. ENCK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. TERRY M. ENCK, Defendant : NO. 02-1007 CIVIL TERM : IN DIVORCE ANSWER TO NEW MATTER AND NOW comes the Plaintiff, Mary E. Enck, by her attorney, Sandra L. Meilton, Esquire and respectfully states as follows in response to said New Matter: 8. Admitted in part and denied in part. It is admitted that on September 24, 1982, prior to the marriage, the parties executed a premarital agreement. The remaining allegations in Paragraph 8 set forth conclusions of law to which no responsive pleading is required. 9. Admitted in part and denied in part. It is admitted that the Plaintiff raised economic issues in her petition for equitable distribution, alimony, alimony pendente lite, counsel fees and expenses. By way of further response, it is averred that those issues were raised so that the issue of the validity of the prenuptial agreement could be presented to the Court. 10. Admitted. WHEREFORE, Plaintiff prays this Honorable Court to schedule a hearing so that the issue of the validity of the prenuptial agreement may be presented to the Court. Respectfully submitted, TUCKER ARENS BERG, P.C. By: ~aM/~~ " Sandra L. Meilton, .D. 32551 P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 DATED:'1/Q/D3 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Sandra L. Meilton, who, being duly sworn according to law, deposes and says that she is the attorney for Plaintiff in the within action; that she takes this Affidavit on behalf of Plaintiff as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Answer to New Matter are true and correct to the best of her knowledge, information and belief. NclaItal Seal Mary K.lllzIlIove, NoIary PuIlIc CIIy 01 YOlk, YOlk Cotny My ea.,......... E>cpr&s Aug. 26. 2006 -. PemoyIvanioAosoc:iol..Of--' s.~j,1 "'t.iu.u Sworn to and subscribed before~e this q~ day of - lr ,2003. ~~r' ~~ Notary Public (SEAL) CERTIFICATE OF SERVICE Y-'1 AND NOW, this /(J day of July, 2003, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: John C. Howett, Jr., Esquire P.O. Box 810 Harrisburg, PA 17108 ~!/J, ,L Gloria M. Rine 60411.1 (") 0 0 ~ (...J '.T1 ~ ~j (, S ,-. nl L. c;'..,! -/ i"Tl 7- r i () C/;, , - -< , ~~ -:1 ,'-, ," /.. ( " i i1 5-; ~:: :.) , -:-.;., .L'~ ---~ :iJ -. I ..;: -< MARY E. ENCK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .. LAW v. TERRANCE M. ENCK, Defendant NO. 02-1007 Civil Term : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 1, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I 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. 5. I verify that the statements made in this affidavit ,Ire 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: 11-[ 1'-C)3 ~b Mary E. E c , Plaintiff () ~; c'; O;i!': ~~, .,<. i (() c: ~;, ~ ,'j- '" f~, MARY E. ENCK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW v. TERRANCE M. ENCK, Defendant NO. 02.1007 Civil Term : 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. lawyer's fees or expenses if I do not claim them before a divorce i:s granted. 2. I understand that I may lose rights concerning alimony, division of property, the Court and that a copy of the decree will be sent to me immediately after it is filed with the 3. I understand that I will not be divorced un,lil a divorce decree is entered by prothonotary. 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. Section 4904 relating to unsworn falsification to authorities. Date: (1-1 q-o 3 ~~}I~~ 64093.1 ""T) !~': rn~ : Z:'.;- 2:':: 1_, CI), -< r;; ...... ~~ ~;~ /' ~:. :j o C .0: ;; .... -~ .'.'" , -..; I') IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. ENCK, Plaintiff ) ) ) ) ) ) ) NO. 02-1007 v. TERRANCE M. ENCK, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT March 1,2002. 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 REOUEST ENTRY OF A DIVORCE DECREE UNDER S3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under 9330I(c) of the Divorce Code was filed on I. I consent to the entry of a final decree of d:ivorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced untd 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. 94904 relating to unsworn falsification to authorities. /f;;~./1-( ~_ Terrance M. Enck, Defendant Date: //- S::-<::lI3 o c:: <:: -or,. m(: ~;-: ('): . -<.. r;t ;;;( ~( J."" C:. :%"1 =2 (') ~ -'"~ :',,) .....) r." MARY E. ENCK, IN THE COURT OF COMMON PLEAS Plaintiff VS. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TERRANCE M. ENCK, Defendant NO. 02-1007 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 ~3301 (c) - -aae+fdt('l reHi'le Qivoroe.G9Ga, __ (Strike out inapplicable section). 2. Date and manner of service of the complaint: certified mail, March 6. 2002 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by ~3301 (c) of the Divorce Code: by plaintiff 11 /19 / 03 ; by defendant 11 /5 /01 (b) (1) Date of execution of the affidavit required by ~3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. None. Related claims pending: 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 of plaintiff's Waiver of Notice in ~3301 (c) Divon~e was filed with the Prothonotary: 11/21/03 (mailed to Prothonot:"ry on 11 /?O /Oi) Date defendant's Waiver of Notice in ~3301 (c) DivorGe was filed with the Prothonotary: 11/21/03 (mailed to Prothonotary on 11/20/03) L~~:~ /. Attorney for aintiff/~a;lf 0 ~ "'" ~ .-.; n \ I - ~~ ~ ~ ce ~ 1'0 ~ s:- . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . STATE OF . MARY E. ENCK, . . . . VERSUS TERRANCE M. ENCK . . . . . . . AND NOW, . . PENNA. No. 02-1007 CIVIL TERM DECREE IN DIVORCE -;0,.. tv- :3 ~ , 2003, IT IS ORDERED AND DECREED THAT MARY E. ENCK PLAI NTI FF, . . AND TERRANCE M. ENCK , DEFENDANT, . . . . 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. By THE COURT: T: t~~) J. PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~~7 ~_w ~U; ~ 7/~ .;7-~14( ~-)&jl ? .." . ',.~. ~ '. .' \ \ .. co' <;.: ~/ W [t"1