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HomeMy WebLinkAbout95-06316F 4* 4%7? 3rd aS i s?zk a"tg 'r F,a 4' 1 'Q r . :, y. t }? 4 ?. . ap t x?,? rpt, •r 41J s z? 4 tc k t, , i rr yT LX`?? h ? o 1 CF pk f?i t ?5 ' . . ! t ?a ?av sue' ? kz1 a. ? t ty"? , ? 45e t 30. ? 1 F" i ii? ?t• ? r .}t, - .. iq'• 9.p 1. 1 is rl; ?a ?t uu Y? f:s ?kt J ? ist rs f y ? N4A? I F ???? d y h I , Y ' ?zr sib ,x ? xfSY ? I .+? Y f M A t 't v. six S?1 x ?# X ei } ti 07, "Mi tl_ a ii x k i{ DECREE IN DIVORCE $1) AND NOW, ....rn.2?.4 ........... W.7-.4p.1, it is ordered and decreed that ..... KAREN ENCK . , plaintiff, and ............... W:.EUGENE,ENCK, , . , , , . , , , , ................. , defendant, are divorced from the bonds of matrimony. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. .. KAREN... SKIS.... ..................................................... ................. Plain tiff........................................... Versus II EUGENE..ENpK.. ........Defendant.. _ ...... .. 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 f been entered; 15 y The issuance of a Qualified Domestic Relations Order in accordancec•with "'the'pertie?''egceeinen6'deteb'Auyu'st• 8;' 2bbb' and 'm'od'i'fied 'Seppemb'e= 28, '2000 i4.?tv4c1e.4eeDdanp's.?malavaeaSavlnea.Plan.wlzh.PP6b,.Inc .............. y} •J'. ?* 7 By T e C u t: Attest J, Prothonotary B A t? I? i ;i; ? ? ? ? KAREN ENCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW W. EUGENE ENCK, : NO. 95-6316 CIVIL TERM Defendant : IN DIVORCE ORDER AND NOW, this S-A day of K4 L.. -.,200 1, it appearing that the report of the Cumberland County Divorce Master was tiled with this Court on January 31, 2001 and that no exceptions have been filed thereto, the recommendations of the Divorce Master are hereby adopted and ordered as follows: 1. The marital property of the parties shall be distributed in accordance with the agreement of the parties memorialized in the Master's office on August 8, 2000 as subsequently modified on September 28, 2000 with regard to the parties' tangible personal property. 2. This Court shall retain jurisdiction for the purpose of the issuance of a Qualified Domestic Relations Order to divide Defendant's Employee Savings Plan with PP&L. Inc in accordance with the parties' agreement referenced above. 3. Defendant. W. Eugene Enck, shall pay to Plaintiff. Karen Enck, alimony in the amount of $1,200 per month through the Cumberland County Domestic Relations Office to begin upon the entry of a divorce decree in these proceedings. 'fhe amount and duration of alimony shall be subject to modification and termination on Petition of either party as allowed under Section 3701(e) of the Domestic Relations Code. Specific termination provisions in the Domestic Relations Code will also apply. This award of alimony is premised upon findings that Defendant had net monthly income of $4 200 and Plaintiff had an taming capacity of $800 net per month. The Cumberland County Domestic Relations Office shall use the parties identifiers as exist of record in the spousal support action at 466 S 1999, [PACES H 4751011511. DR 28685. BY T I IE COURT. ,, , KAREN ENCK, V. : IN TFIE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA W. EUGENE ENCK, Defendant TO: Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 CIVIL ACTION - LAW NO. 95-6316 CIVIL TERM IN DIVORCE PRAECIPE It appearing that the Master's Report in the above stated case has been tiled for ten days, that no exceptions have been filed thereto, that the costs have been fully paid and that all the requirements of law and Rules of court have been met, you are hereby directed to submit the said case to the Court of Common Pleas of Cumberland County, Pennsylvania at the next sitting hereof. Taylo P Andrews, Esquire Att= for Defendant 78 Pomfret Street Carlisle, PA 17013 Date: Z -2Z -0 ( I, Prothonotary of the Court of Common Pleas of Cumberland County, do hereby certify, that the costs in the above stated case, have all been paid, including the Master's fee. Prothonotary ;L? •„4 x u-??? CV L o` KAREN ENCK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. !5- ?p3I?O W. EUGENE ENCK, : CIVIL ACTION - LAW Defendant : IN DIVORCE 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. 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 at the 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 KAREN ENCK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. W. EUGENE ENCK, : CIVIL ACTION - LAW Defendant : IN DIVORCE 1. Plaintiff is Karen E. Enck, who has resided at 1271 Sandy Lane, Boiling Springs, Cumberland County, Pennsylvania, for the last five years. 2. Defendant is W. Eugene Enck, who has resided at 1271 Sandy Lane, Boiling Springs, Cumberland County, Pennsylvania, for the last five years. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 7, 1968, in Huntsville, Alabama. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there is a child of the parties under the age of eighteen (18) namely: Michael Enck, age 15. 10. The Plaintiff avers that the grounds on which the action is based are as follows: (a) That Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiffs condition burdensome and life intolerable; (b) The marriage is irretrievably broken. 11. During the marriage, the Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. COUNT III - ALIMONY, ALIMONY PENDENTE LITE. ATTORNEY'S FEES AND COSTS 12. Plaintiff lacks sufficient property to provide for her reasonable means. 13. Plaintiff is unable to sufficiently support herself through appropriate employment. 14. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. 15. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 16. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 17. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her Attorney's fees and the costs of this litigation. 18. Defendant has adequate earnings to provide for the Plaintiff's support and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests this Honorable Court: (a) Enter a Decree of Divorce; ¦ (b) Equitably distribute all property, both personal and real owned by the parties; (c) Compel the Defendant to pay Alimony to Plaintiff; (d) Compel the Defendant to pay Alimony Pendente Lite to Plaintiff; (e) Grant Plaintiff Attorney's fees and costs; and, (f) Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Maria P. C gnetti, uire Sup. Ct. I.D. #27914 132-134 Walnut Street P.O. Box 689 Harrisburg, PA 17108-0689 (717) 232-2103 Dated: October 23, 1995 COMMONWEALTH OF PENNSYLVANIA ) SS.: COUNTY OF DAUPHIN ) KAREN E. ENCK, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of her knowledge, information and belief. KAMEN E. ENCK Sworn to and subscr'bed bef e e this -L7-"day of ^ rn , 1995. Notary Public Nmarlal Seal FNww A. Sherlil. Notary Public rleurp. DaupNn County nmlaelon Expires March 9.1098 Mwrbw.. PannsykWbAeeodmlmol NoWn L. omm a.' F c , Maria P. C084,111 PQ kl s+ ;? r 66IIjj99 e,l .?{ i Nurbbuq,{4Gnrylvm OM 232-2103 W 114 KAREN ENCK, Plaintiff V. W. EUGENE ENCK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-6316 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Divorce was served upon the Defendant by certified mail, return receipt requested, on the 13th day of November, 1995. The original signed return receipt, number Z 390 545 654, is attached hereto and made a part hereof. Respectfully Submitted, Maria P. C gnetti, E Wire Supreme Court ID# 27914 132-134 Walnut Street P.O. Box 689 Harrisburg, PA 17108-0689 (717) 232-2103 Dated: November --Q, 1995 j KAREN ENCK, Plaintiff Vs. W. EUGENE ENCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 6316 CIVIL IN DIVORCE MASTER'S REPORT Proceedings held before r c, tt I '?• E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, Pennsylvania proceedings held on June 8, 2000, August 8, 2000, September 28, 2000, and November 30, 2000, commencing at 9:00 a.m. APPEARANCES: Barbara J. Patton Attorney for Plaintiff Taylor P. Andrews Attorney for Defendant PROCEDURAL HISTORY A divorce complaint was filed on November 2, 1995, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. Husband signed and filed an affidavit of consent and waiver of notice of intention to request entry of divorce decree so that the divorce could be concluded under Section 3301(c) of the Domestic Relations Code. Wife signed and dated an affidavit and waiver but they were not timely filed with the Prothonotary. Wife has consistently failed to sign, date, and file another affidavit and waiver. Consequently, the action will proceed based on husband's affidavit filed under Section 3301(d). 1 The divorce complaint also raised economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and costs. The Master was appointed by order of President Judge George E. Hoffer on November 1, 1999. Upon receipt of his appointment, the Master sent certification documents to counsel to verify that discovery is complete; counsel indicated that there was an issue with respect to the date of separation and consequently a hearing was scheduled for June 8, 2000, to resolve that issue. The parties and counsel appeared on June 8, 2000, for a hearing and after discussion, a stipulation was placed on the record that the parties determined the date of separation to be January 1, 1998. Counsel also placed on the record what they intended to do in order to prepare the case for trial by way of obtaining documentation and 1. Wife filed a counter-affidavit and the issues raised by wife have been addressed during the course of these proceedings. .1-, information regarding assets and values. In order to give counsel an opportunity to get the information requested, ilia Master directed that ilia parties come back in approximately two months for a conference with counsel. On August S, 2000, a conference was held and counsel placed on the record an agreement with respect to the equitable distribution issues with the exception of the division of the household tangible personal property. The agreement further provided that the claim by wife for counsel and costs was withdrawn and that the alimony claim would remain unresolved and would be the subject of a hearing. On September 28, 2000, the parties and counsel appeared for a hearing and at that hearing resolved the outstanding tangible personal property issues but proceeded to litigate the alimony clalm of wife. Wife's testimony was completed and on November 17, 2000, husband presented his testimony and wife presented some rebuttal testimony. The record remained open for the purpose of allowing husband's counsel to make further inquiry about the settlement of wife's father's estate and to provide information regarding the cost to wife of COBRA benefits. Counsel for husband indicated that lie could accomplish what he needed to do in two weeks; both counsel requested thirty (30) days from the date of the hearing to submit memorandums on the alimony issue. A letter from husband's employer regarding COBRA benefits was received by the Master on November 30, 2000, and the record was closed. The Master subsequently received the memoranda of counsel regarding the arguments that they wished to present on the alimony issue and the Master then proceeded to make his findings and recommendations. i Lam" AGREEMENT ON EQUITABLE DISTRIBUTION The agreement of the parties on the claim of equitable distribution was placed on the record on Tuesday, August 8, 2000, is made a part of this report, and is attached hereto. FINDINGS OF FACT 1. The parties were married on October 7, 1968, and by stipulation entered on the record on June 8, 2000, set the date of separation at January 1, 1998. 2. The parties are the natural parents of three children, all of whom are emancipated. 3. Wife is 52 years of age and is residing with one of the sons of the marriage at 3071 White Ash Trial, Orlando, Florida. Wife graduated from high school and started a college curriculum at Athens College in Alabama. However, she dropped out of college before completing two years as a result of the marriage of the parties and has not returned for any further education. She does have a CDL license, which allows her to drive school buses and single unit trucks. 4. Wife has not been working because she claims her emotional state arising out of the break up of the marriage has created so much distress that she has not been able to obtain and concentrate on employment. She has previously worked in retail and did have a job working for Rohrer Bus driving school buses while she was in Pennsylvania. She has not pursued the opportunity that may be available in the county where she lives in Florida to drive school bus which would perhaps provide her with enough hours of work per week to allow her to get benefits such as medical insurance. Although wife has indicated that she is going to stay in Florida, she testified at the last hearing that she does not feel that she should be driving children in a school bus because of her current emotional state. 5. Wife has not provided an income and expense statement, claiming that her only income is the $1,500.00 per month which she receives in spousal support, and that she does not have substantial expenses because she is living with one of the children of the marriage. 6. When wife was working for Rohrer Bus as a driver, she was employed 25 hours per week during the school year and was paid $ 11.00 an hour. During the summer months she received unemployment compensation; no other benefits were provided as a result of the employment. 7. Wife has recently started counseling arising out of her impaired emotional state. i-1 8. Husband Is 56 years of age and resides at 1271 Sandy Lane, Boiling Springs, Cumberland County, Pennsylvania, which is the marital home. 9. Husband is employed as a Distribution Technician for PPL where he has worked for 26 years. His net income from his position at PPL monthly is $3,516.95. His net income from non-marital assets is $686.00. (The gross of $823.00 was reduced by 1/6'^ to arrive at a net monthly figure). Husband's total net monthly income, therefore, is $4,203.00. 10. Husband was in college with wife at Athens College in Alabama and after he dropped out and moved with wife to Pennsylvania, he enrolled at Harrisburg Area Community College where he attended for two years and received an Associates Degree in Electronic Engineering Technology. Husband worked two jobs while going to college. 11. Husband takes medication for anxiety problems and for a back problem; however, his health issues have not affected his earning capacity. 12. Both of the parties have non-marital interests. Husband's inventory filed on August 8, 2000, shows his non-marital estate to be approximately $237,570.00. The Master recognizes that this amount may increase or decrease depending on the market place and also on husband's need to withdraw non-marital funds to maintain his expenses. Wife's non-marital assets consist of an interest in the estate of her father which currently is estimated to be around $156,000.00. Plaintiffs Exhibit No. 1 outlines the estimate of wife's interest in her father's estate but also indicates that the interest is subject to certain variables as outlined on the exhibit. 13. Based on the inventory filed by husband on August 8, 2000, showing the value of 55% of the marital estate at $204,837.00 and based on the stipulation entered on the record on August 8, 2000, the total of wife's equitable distribution of marital property is a payment to wife of a sum in the amount of $204,837.00. In addition, wife received the sum of $1,735.00 for settlement of the tangible personal property division. (See page 5 of transcript of Master's proceedings on September 28, 2000.) Based on the percentage to husband of 45% of the marital estate and the terms of the agreement on equitable distribution, husband's distribution of marital property should be between $160,000.00 and $175,000.00. 14. By agreement of the parties, wife's claim for counsel fees and costs was withdrawn. 15. COBRA benefits are available for wife for 36 months at a cost of $227.97 for medical benefits and $21.59 for dental benefits monthly. (See letter from PPL dated November 28, 2000.) .01a 16, No objection has been made by either party in these proceedings to the method and adequacy of service of any of the pleadings in the divorce action nor has either party or counsel objected to jurisdiction of this Court to act in these proceedings. CONCLUSION OF LAW The grounds for divorce are irretrievable breakdown of the marriage. Husband filed an affidavit under Section 3301(d) on June 9, 1999. Wife filed a counter- affidavit on June 25, 1999. The matters raised in wife's counter-affidavit have been appropriately addressed during the course of these proceedings. Therefore, the divorce can proceed under Section 3301(d) of the Domestic Relations Code. ANALYSIS OF THE FACTORS AS SET FORTH IN SECTION 3701(6) OF THE DOMESTIC RELATIONS CODE 1. Husband's earnings from PPL and his income from non-marital interests are around $4,200.00 net per month. Wife currently does not have any earnings because of her claim that she cannot work as a result of her emotional state; however, the Master believes that wife has an earning capacity of $800.00 net per month. 2. Wife is 52 years of age and complains of continuing emotional problems arising out of the dissolution of the marriage. Wife, however, is in counseling and since the parties have been separated for at least two years, wife should be able to begin to look toward employment. Husband is 56 years of age and has anxiety and back problems, which do require medication, but do not impair his earning capacity. 3. The source of income for wife will be from retail work or from using her CDL license to drive a school bus or truck. She does not have any prospect of benefits at this time from employment unless she would take the school bus driving position, if available, in the county where she lives in Florida. ?s}Y 4. 5. 6. 7. 8. 9. Neither party is serving as the custodian of a minor child. wife The standard of living of the parties was described as modest alt did not spend indicated that they did have a "big, beautiful house". The parties much money on vacations and social activities. Wife has some college credits but did not complete the two-year curriculum at complete an Associates degree at s Neither party is likely to pursue additional Athens College in Alabama. College, Husband comp Harrisburg Area Community post secondary education. resul Wife will cash fromuhu band of $1735 00 for ng $204,837 OOtin of the additionequitable to assets personal property. She will also receive her interest in settlement of the tangible p her father's estate, which is estimated to be in excess of $175,000-00 1 ?n marital assets and has Husband will receive between $160,000 and a non-marital estate of around $237,000.00. a e Husband's income is from his employment at PPL as a Distribution Technician and from non-marital interests. Husband does have full medical and retirement benefits. Wife has an expectation of an inh , Cram from f Cher, he does not?have anh Sifts husband in the past has received immediate expectancy of inheriting from his family. The parties were married and living together in a marital relationship for approximately thirty Years- Power of Neither party contributed to the education, training or increased earning the other party- 10. it. 12. 13. Neither party contributed property of a substantial value to Inc Tn g Wife contributed her skills as a homemaker and husband acknowledged that she was a good mother and took care of the home. ce Considering wife's employment situation and her need for medical insurance coverage, she will not be able to maintain herself with carvings. substantial sum fro disibution of her fathers uldmatelyreceive has not occurred at the present timeeand cannot be counted as,a estate but t source of income to wife. Husband with his earnings from his employment and his income from his non- marital estate is able to provide adequately for his needs, even after considering his alimony obligation. 14. Wife claims that husband was verbally abusive and drank to the point of intoxication frequently. Wife also testified that husband had two extra marital affairs while the parties were living together. Husband claimed that wife was loud, controlling, mean, and argumentative. The Master does not find that the conduct of one party was substantially more offensive so as to consider marital misconduct as an important factor in these proceedings. 15. The tax ramifications of alimony for federal tax purposes will be that alimony will be treated as income to wife and as a deduction for husband. 16. Although wife is receiving a substantial marital estate, nevertheless, her earning capacity is much less than that of husband, and wife does not enjoy the benefits from employment such as medical insurance coverage and retirement. Consequently, husband's continued contribution to wife is necessary for wife to maintain a comfortable standard of living and to provide for her reasonable needs. 17. Although wife is capable of contributing to her own support through earnings, nevertheless, she is not capable of supporting herself in a manner sufficient to allow for her needs consistent with the standard of living to which she was accustomed during the marriage. DISCUSSION ALIMONY The Master believes that alimony is necessary for wife's continued maintenance and support. The Master has considered the stipulation and agreement of the parties relating to equitable distribution, the findings of fact, the analysis of the factors under Section 3701(b) of the Domestic Relations Code and the non-marital estate of husband. With respect to wife's expectation of receiving a substantial inheritance, the Master cannot consider any income from that expectation until the distribution to wife; therefore, the receipt by wife of her inheritance may be a change of circumstance of a substantial and continuing nature as to require a review of the amount of wife's alimony entitlement. There is no dispute about husband's earnings. However, wife's earnings and earning capacity are at the crux of the amount of alimony that should be awarded to wife. Wife claims that she has been unable to work because of her impaired emotional state but since separation she has failed to follow a consistent course of counseling which would be a source of helping her deal with her problems arising out of the dissolution of the marriage. The Master has found that wife has an earning capacity of $800.00 per month net and this presupposes that she will either return to a retail position or will return to using her CDL license to drive a school bus. The Master does not believe that it is unreasonable since the parties have been separated for more than two years to find that wife should be charged with making some contribution to her own maintenance and support. The Master notes that wife has not presented any expenses for her monthly needs although the Master is aware that should wife find her own residence, she will incur the normal list of expenses of maintaining herself. The Master was troubled by the failure of wife to file an income and expense statement which prevented the Master from having any basis to determine wife's customary living expenses. The Master does consider that she will need to have medical insurance benefits and will have to incur the cost of these benefits. 8 RECOMMENDATION ALIMONY Husband shall pay to wife the sum of $1,200.00 per month through the Cumberland County Domestic Relations office to begin upon the entry of a divorce decree in these proceedings. The amount and duration of alimony shall be subject to modification and termination on petition of either party as allowed under Section 3701(e) of the Domestic Relations Code. Specific termination provisions in the Domestic Relations Code will also apply. Respectfully submitted, E. Robert Elicker, II Divorce Master 9 KAREN ENCK, Plaintiff Vs. W. EUGENE ENCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 6316 CIVIL . IN DIVORCE THE MASTER: Today is Tuesday, August 81 2000. This is the date we set for a conference with the parties and counsel following a stipulation that was placed on the record on Thursday June 8, 2000. Counsel were directed to provide spreadsheets and inventories and income statements so that they would have a basis to conduct discussions on a settlement of the economic claims. Present in the hearing room today are the Plaintiff, Karen Enck, and her counsel Barbara J. Patton, and the Defendant, W. Eugene Enck, and his counsel Taylor P. Andrews. Mr. Andrews has provided the Master with an affidavit of consent and a waiver of notice of intention to request entry of divorce decree signed by Mr. Enck which the Master's office will file. Counsel for wife is going to either file or provide the Master's office with an affidavit and wavier signed by her client within seven days of today's date. The divorce will be concluded, therefore, under section 3301(c) of the Domestic Relations Code. The Master has been advised that after . discussions this morning, the parties have reached an agreement with respect to the claim by wife of equitable distribution. The Master understands that no resolution has been made with respect to the claim for alimony which is going to be the subject of continuing discussion toward trying to resolve the issue or will be heard by the Master at the hearing scheduled on September 28, 2000. The agreement that is going to be placed on the record with respect to the equitable distribution claim will be considered the final agreement with regard to that issue. The agreement will be the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Therefore, when the agreement is stated on the record today with respect to equitable distribution, when the parties leave the hearing room, they will bound by the terms that they have reached with regard to that economic issue. Mr. Andrews is going to state the agreement on the record with respect to equitable distribution and, as noted, if the alimony issue is not resolved by September 28, 2000, the Master will hear testimony on that issue and make findings and recommendations. Mr. Andrews: MR. ANDREWS: ¦ 1. The claim for equitable distribution of marital property is resolved by the payment to wife of a sum in the amount of $204,837.00 as follows: a) One-half of husband's PP&L savings plan shall be transferred to wife by a ODRO or other suitable Court order to effect the division of that sheltered benefit account. b) $40,000.00 shall be paid by husband to wife within thirty (30) days of today. c) The balance shall be paid to wife upon the settlement on the sale of the marital residence. 2. This division does not resolve the distribution of the tangible personal property. The parties agree that the tangible personal property shall be divided in kind and they shall use a list prepared by the personal property appraiser, Ben Rowe, as well as any supplement to that list that may be prepared by wife, Karen Enck, to reach an agreement on the division of the personal property in kind. If an agreement cannot be reached as to any particular items, evidence will be presented to the Master with regard to those items on September 28, 2000, and the Master shall determine the distribution of such items that are in dispute. 3. Wife's claim for counsel fees and costs is withdrawn. 4. Wife's claim for alimony is unresolved. 5. Wife shall file an income and expense statement by September 20, 2000 and wife shall provide information regarding her non-marital property to the Master and opposing counsel by September 20, 2000. 6. Pending a sale of the real estate, husband shall have exclusive right to occupy and possess the marital home. Husband shall be responsible for all occupancy expenses. 7. Wife shall cooperate in the sale of the home by signing all necessary listing agreements, deeds, and other related legal documents. 8. Husband shall receive the net proceeds of the sale of the marital home in excess of that amount needed to fund the distribution of $204,837.00 to wife. 9. Husband agrees to list the house for sale within seven days of today. ¦ 10. 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. 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 interest, rights, and claims. MR. ANDREWS what the agreement was? Mr. Enck, you heard me recite MR. ENCK: Yes. MR. ANDREWS: Did you understand what I said? MR. ENCK: Yes MR. ANDREWS: Do you agree to that? MR. ENCK: Yes. MR. ANDREWS: This is going to be drawn up -- it's going to be typed up -- you see that we have a court reporter here taking this down, this is going to be transcribed and you are going to be asked to sign this, do you understand that when you sign it, these terms that we have just put on the record will be the terms of settlement of the claim of your divorce. The alimony claim left yet unresolved. THE MASTER: If I may interrupt you, Mr. Andrews, when they leave here today, whether it is signed or not, they are bound by the terms of the settlement. ??' 44?pa?N• (Z MR. ANDREWS: By indicating you assent.now, you are binding yourself, do you understand that? MR. ENCK: Yes, I do. MR. ANDREWS: And do you agree? MR. ENCK: Yes. MS. PATTON: Karen, have you listened to all of the terms of this agreement and do you understand all of those terms? MRS. ENCK: Yes. MS. PATTON: Do you agree with the terms of the agreement, understanding that alimony has yet to be resolved? MRS. ENCK: Yes. THE MASTER: Do you understand that when you leave here today the claim of equitable distribution is resolved even though you don't ultimately.sign the agreement that has been placed on the record? MRS. ENCK: Yes. THE MASTER: And the only matters that are left open in the equitable distribution claim involve the tangible personal property which has been addressed in the agreement? MRS. ENCK: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: d4 n 928-a3 2u.?c I?L? Barbara Patton K en Enck Attorney for P1 intiff Tay r P. Andrews W. Eugene E Atr rney for Defendant KAREN ENCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW W. BUOBNB ENCK, : NO. 95-6316 CIVIL TERM Defendant : IN DIVORCE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on November 1, 1995, 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: -f-9q - R 9 W. Eugene G ck, Defendan 'I f KAREN ENCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW W. EUGENE ENCK, : NO. 95-6316 CIVIL TERM Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE. DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. I oppose the entry of a divorce decree because Check (i), (ii) or both): 0 (i)The parties to this action have not lived separate and apart for a period of at least two years. (11) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4 4904 relating to unswom falsification to authorities. Date: b l aa-/q I aren Enck, Plaintiff C NOTICE; it you do not wish to oppose the entry or a divorce decree and you do not wish to make any claim for economic relief, you need not Me this counter-affidavit. n! l?:r tl) .1 fA tom,. N 77. J . ? I It-'.! I IItJ. .7J CA. U Gm (> KAREN ENCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW W. EUGENE ENCK, : NO. 95-6316 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. I 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. 1 understand that 1 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 riled with the Prothonotary. 1 verify that the statements made in this Affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: 20atT W. Eugene Erick, Plaintiff KAREN ENCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ; CIVIL ACTION - LAW W. EUGENE ENCK, : NO. 95.6316 CIVIL TERM Defendant : IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) and 3301(a)(6) of the Divorce Code was filed on November 2, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. 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: AIM B . 20X C ':?S' qJ, W. Eugene rick, Plaintiff I PYS510D Cumberland County Prothonotary's office 1995-06316 ENCK KARSN (va) BNCK W ZUGENE Case Types COMPLAINT - DIVORCE 3 Times 2:54 811ad Dates 11/02/1995 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - " - - - - - - 11/02/95 COMPLAINT - DIVORCE ADDITIONAL COUNT EQUITABLE DISTRIBUTION ADDITIONAL COUNT - ALIMONY ALIMONY PENDENTE LITE ADDITIONAL COUNT - ATTORNEY'S FEES AND COSTS 11/28/95 AFFIDAVIT OF SERVICE 12/06/95 PRAECIPE FOR ENTRY OF APPEARANCE _FOR-DEFT-BY TAYLOR-P ANDREWS E3 1/16/97 PRAECIPE FOR WITHDRAWAL OF APPEARANCE FOR PLAINTIFF BY MARIA COGNETTI ESQ ------------- 1/16/97 PRAE---- FOR ENTRY OF APPEARANCE -FOR-PLFF-BY_ROB----L O'BRIEN ES 6/09/99 AFFIDAVIT UNDER SECTION 3301D OF THE DIVORCE CODE Roll up or down past the first or last record in file. cA? AOO otary'e office Cumberland CO PYS510D Cass 8atries 1995-06316 ENCK W EUGENE Case Type' COMPLAINT ENCK KAREN (ve) e 5 Time' 2'54 p - DIVORCE 3 Of 3 Filed Date ag ' 11/02/199 _ b _______________________ _ ------_ _ ____________ Q` 6/21/99 _ _ AFFIDAVIT OF SERVICE ___________ ' .. ,. ----------_.'___ OF THE DIVORCE --- COUNTER-AFFIDAVIT UNDER SECTION 3301(D) -----•_----_ CODE ____. -•___--_ i 6/25/99 ------------------------------------------ ENTRY OF APPEARANCE FOR PLFF BY BARBARA J PATTON ES -------•----- 7/07/99 PRAECI-- FOR ------------------ APPEARANCE FOR PLAINTIFF BY ROBERT L 7/07/99 PRAECIPE FOR WITHDRAWAL OF ------- O'BRIEN ESQ -- 11/01/99 11/01/99 ----------------------- MOTION FOR APPOINTMENT OF MASTER _ BY ATTY ANDREWS -------- ------------------ ------------- 11/03/99 ORDER APPOINTING MASTER - DATED 11-01-99 - BY THE COURT -OFFER ________ ------------------- --------- ---------------- ------------ OFiCONSENT:!.L;DEPT4 -' FIDAVIT ---------- ----------- + BJ08/00 . , `"AF ---------------- F10¦Print F12-Cancel F17¦Top 7180Bot F2-Done PYS510D Cumberland County Prothonotary's Office Came Entries 1995-06316 ENCK KAREN (Ve) ENCK W EUGENE Filed Dates 11/02/1995 Times 2:54 Came Types COMPLAINT - DIVORCE _..... , 6 ,, page _ ,3 of 3 ,48/08/00 WAIMBR 'OP.sNOTICB-OP:WINTBNTION`TO REQUEST -'SNTRY1OVZKfDI.V D5CRR8.%DSFT - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - F2.Done F10.Print F12.Cancel F17¦Top F18.Eot } 1 I E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reponer OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 West Shore 697.0371 Ext. 6535 v, bl (iv-v?o?l++? Gw.v.l eve-'- ..oC?-?. !/.Qc.e...? na-cla,[.t ow. 4 CA-, ?. "?` a . KAREN ENCK, V. : IN THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW W. EUGENE ENCK, . Defendant NO. 95-6316 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 contenting 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 are made subject to the penalties of IS Pa. C.S. Section 4904, relating to falsification to authorities. Date: 1-742--00 et ck KAREN ENCK, V. Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA W. EUGENE ENCK, Defendant CIVIL ACTION - LAW NO. 95-6316 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) and 3301(a)(6) of the Divorce Code was filed on November 2, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of 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. I verify that the statements made in this Affidavit are true and COMM I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to falsification to authorities. Date:__ - 00 C?.CR-GCS n Enck J KAREN ENCK, Plaintiff vs. W. EUGENE ENCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 6316 CIVIL IN DIVORCE o -4tir Y ' NOTICE OF FILING MASTER'S REPORT The report of the Master has been filed th gc clatit-and, bE copies have been sent with this notice to counsel o£? reeerW-' r and the parties. In accordance with P.R.C.P. 1920.55 within ten (30) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations contained in the report. guolta /1a..a Date: 1/31/01 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the proposed order of Court a praecipe* to the Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's office for docketing and transmittal by the Prothonotary to the Court. * Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) ANDREWS & JOHNSON Attorneys at Law 78 W. Pomfret Street Carlisle, PA 17013.3216 TAYLOR P. ANDREWS RONALD E. JOHNSON Telephone (717) 243-0123 Telefax (717) 243-0061 February 21, 2001 Robert E. Elicker, 11. Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Enck vs. Enck Dear Mr. Elicker: I enclose a Praecipe to transmit the Enck Report to the Court for signature. I also enclose a proposed Order to incorporate your recommendations. Thank you for your work on this case. 1 can assure you that my client is happy to have this matter concluded. Sincerely, P. Andrews TPA:ss Enclosure cc: Barbara J. Patton, Esquire W. Eugene Enck, Jr. KAREN ENCK, V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW W. EUGENE ENCK, : NO. 95-6316 CIVIL TERM Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER W. Eugene Enck, Defendant, moves the court to appoint a master with respect to the following claims: ( X) Divorce ( ) Annulment (X) Alimony (x) Alimony Pendente Lite (X) Distribution of Property ( ) Support ( X) Counsel Fees ( X) Costs and Expanses and in support of the motion states: Discovery is complete as to the claim(s) for which the appointment of a master is requested 2. The defendant has appeared in the action by his attorney, Taylor P. Andrews, Esquire. The Plaintiff has appeared in the action by her attorney, Barbara J. Patton, Esquire. 3. The statutory ground for divorce is Marriage is irretrievably broken. 4. The action is contested with respect to the following claims: All of the above. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 8 hours. 7. Additional information, if any, relevant to the motion: None. Date: November 1, 1999 tkw(ey for Defendant 78 W. Pomfret St. Carlisle, Pa. 17013 717 243-0123 ORDER APPOINTING MASTER Supreme Ct# 15641 AND NOW, 1999, E. Robert Elicker, Esquire is appointed master with respect to the following claims: Divorce, Distribution of Property, Alimony, Counsel Fees and Costs and Expenses. BY T E COURT: J. Ilucks Ilutler Cambria Cameron Carbon Centre Cheater Clarion ClearOeld Clinton Columbia Crawford Cumberland Dauphin Delaware Elk Erie Fayette Forest Franklin Fulton Greene Huntingdon Indians Jefferson Juniata Lackawanna Lancaster Lawrence Lebanon Lehigh Luzern Lycoming McKean Mercer Mifflin Monroe Montgomery Montour Northampton Northumberland Perry Phfelphia Pike Potter Schuylkill Snyder Somerset Sullivan Susquehanna 75oga Union Venango Warren Washington Wayne tv"Zort-lamp Wyoming York Roth I VtU.lw-• 1010.4'.' IV.b.t?f.-•t 10.0.1!4-2 1820.66-2 1820.6!.2 111211.4'.2 1920.66..'2 no masts 1020.!46.2 1920X6-2 1920.66-2 1020.555 1020.!5-2 1820.!45-2 1920.66-2 1020.X6-2 10'10X6-2 1020.66-2 1020.6!,_2 no Masten 1020X6-2 1020.45-2 1020.65-2 1020X6-2 1020.66-2 1920.6!,-2 1820.66-2 1820X6-2 1020X6-2 1820.66-2 Io20.66.2 1020X6-2 no Masten 1920.65-2 1920.564 1920.66-2 1920X5-2 1920.56-2 1920.65-2 1920.45.•1 1920.45-2 no masters 1920.66.2 1020.56-2 1920.5•,-2 1020.55-2 1920X!4-2 19,.Io -2 I D.0.. 1020.6!.2 1920.65-2 I920.r&2 1920.47-2 IP1O Wi 2 11r20.f7-2 1920.65.1' t ItU1.E 1010.55-2 MASTER'S Ite t NOTICE, EXCF1'TIONS. FIN DECREE la) After the conclusion of the hearing 1 shall U) nle the record and the report within (1) twenty days in unconeated actions or, (1l) thirty days by them ter it, contester] a lions, and the (2) or, Immediately serve upon counsel for sac's. If unrepresented, upon the party, a co p report and rceommendatlon and written not, right to file exceptions. (b) Within ten days of the mailing of the report and recommendation, any party may III lion to the report or any Part thereof, to rut obJectlons to evidence, to statements or fm fact, to conclusions of law, or to any other occurring during the hearing. Each exceptio set forth a separate obJection precisely and discussion. ,Matters not covered by exceptio deemed waived unless, prior to entry of the decree, leave fe granted to file exceptions raising matters. (c) If exceptions are flied, any other party m exceptions within ten days of the date of service Original exc the exceptions and enter n sdhMirechear argum thedr)c If no exceptions are "led the court shall port and, if approved, shall enter a final d (e) No Motion for Post-Trial Relief may be "I the anal decree. Adopted Sept. 11. 1995, effective Jan. 1, 19%. !See F.zplanalory Comment-1995 following Rule 192o.55_ll . RULE 192055-,9 bASTER'S REPORT, 4 NOTICE. REARING DE NOVO. FINAL DECREE (a) No record shall be marls of the hearing in proceedings held pursuant to this rule. (b) After the conclusion of hearing, the minter shag (1) file the report within (t) twenty days in uncontested actionx or, 01) thirty days In contested actions, and (2) immediately serve upon counsel fir each party, or. if unrepresented, upon the party, it copy of the report and recommendation, and written notice of the right to demand a hearing de novo. (c) Within ten days after the date the ,mater's retort is mullet, any laity nloy file a wrlten demand '121! I 1 1 I ,O \n ?00 h ? ? r a r ? p \n o ? M r N K lam'- 1 M I t t i 1 w un ? N w o w I n v n ' d C36 9 e q? ? j v e ? .. '? c c LL O c v - E i U c _ ° F m z z O z U 1 4` PAGE 2 SHED ?Long Handle tools stack Lawn Chairs v'Sellers Kitchen cabinet (rough) Mahogany Breakfront (As Is) Craftsman Snow Blower (Needs Work) Mulcher/Chipper Step Ladder Misc. Spreader Canes 2 Wheel Dump Trailer Suzuki 4 Wheeler GARAGE Rotary Lawn Mower Tree Stand Jack Stands Bench Grinder Vise Electric Chain Saw Gas Chain Saw Battery Charger Floor Safe Hydralic jacks Ports Cable Saw 2 H P Air compressor Shelving Electric Welder `Bicycles , /= ddi 42. Gas Line Trimmer Shop vac Small Hand tool Other Garage Items 45.00 20.00- 165.00 45.00 275.00 135.00 6.00 38.00 12.00 175.00 40.00 475.00 45.00 50.00 24.00 12.00 14.00 20.00 65.00 10.00 30.00 8.00 35.00 80.00 20.00 55.00 35.00 20.00 15.00 65.00 85.00 PAGE 3 BASEMENT Step Ladder $ 8.00 eaburg Selectomatic 100 325.00 -ArTcoreboard Pin Ball Machine 120.00 Floor Model Radio (rough) N/V Bowling Machine 100.00 2 Pcs. Living Room Suite (stained) N/V Maple Coffee Table 5.00 vfligh top Oak table w/2 Chairs,Q 75.00&- Platform Rocker 10.00 3 Deer Head Mounts 60.00 t,-Wooden Tub 45.00 Lobster Trap 20.09 Large Screen T V 265.06 Feed chest 115.00 Muzzle Load Shot Gun 65.00 Cast Iron Skillet 12.00 v'Dough Maker 15.00 Fire Extinguisher 10.00 Wooden Keg 12.00 Wooden Barrel 14.00 v4 Bar Stools , 32.00 Cash Register, Brass 265.00 K Beer Meister 110.00 ? Wet/Dry Vac 15.00 _ Exercise Equipment 75.00 Delta Scroll Saw 160.00 Craftsman Bandsaw 190.00 Small electrical tool 75.00 Sears Radial Arm Saw 265.00 Craftsman Work bench 175.00 ?oak Wall Telephone (rough) 45.00 Shelving 20.00 Sears Floor Drill Press 130.00 Baer/Soda Advertising 85.00 Electronics (various states of repair) N/V Accessories/Decorators 65.00 VMisc Merchandise 175.00 P- oa 1 TA61e v oot-Table Liyh f- PAGE 4 ENTRANCE HALL Oak Wash Stand i 160.00 *Oak Medicine Cabinet 65.00 *'Gilt Mirror 35.00 ?Oak Mirror 20.00- 6-1 Gal Jug 10.00 Iron Bull Dog Door Stop 12.00 VVacuum Cleaner dQ /g! 9 30.00 T VROOM: 2 Brass Table Lights 20.00 2 Pcs Living Room Suite 120.00 L"Wing Chair w/ Hassock 65 00 ,e'Maple Coffee Table _ C17-4J,^-r' . 10.00 ?2 Wing Chairs w/Tufted Backs 150.00 v?-2 Maple End Stands -. i't;y ?'--- 40.00 Platform Chair 60.00 t-'Oak Stand 30.00 -Color t V 55.00- ? Copper Wash Boiler 25.00 r'Oak Cabinet (new glass) 65.00 4 Fenton commerative Plates 24.00 v Oak Commode 30.00 v-Kerosene Lamp 10.00e0 jWalnut Cradle 130.00•. --Oak Corner Cabinet ?H d M 90.00-- owar iller Grandfather Clock 235.00 ?Jelly cupboard 275.00 X25 Pcs. Modern Stoneware 50.00 Cast Iron Skillet- Long Handle _ 20.00 Shutters 20.00 '-,'Pictures/Prints 45.00 2 Needlepoint Chairs ' 24.00 ',- Scales 12.00 _eGnome collection 20.00 Cast Iron Waffle Iron 12.00 'Wooden Kitchen Items 45.00 ? 4ccessories/Decorators 75 00 ??Regulator Wall Clock ?O G . 125.00 Mantle Clock 115.00 VMisc. ' 85.00 PAGE 5 KITCHEN obench ?i0ak Table w/6 Chairs Ice Cream Freezer 7t Mahogany Vanity (rough)s> Hanging scales V13 Gal Crock VAdmiral Microwave vButcher Block ?$mall Electrical Appliances &'ffot s / Pan s v24aking Needs -Glass/China Planters Peanut Jar Small Kitchen Accessories -becorators LIVING ROOM/DINING ROOM $ 15.00 185.00 15.00 15.00 20.00- 10.00 20.00- 155.00- 65.00` 45.00 30.00 ' . QQ 35 20. 0 65.00 40.00 2 Lid Wood box t/4 Section Stack Bookcase 1/Oak Frame Mirror Frame w/Portriat Commodore Wall Clock V erosene Lamp ?Treadle Sewing Machine ?Cane back Upholstered Chair W' llection Teddy Bears PShadow box j4 Drw Walnut Cheat of Drawers 2 Childrens rockers Walnut Blanket Chest 1MInlaid Coffee table \\ I/Inlaid Lamp Stand Coney-ri Aic-C.PA".) ?2 Brass Table Lights / " Pcs. Living Room Suite oriental type rug ¢feaded glass crystal decorators i'grass Candlesticks ,Mahogany victrola I/Misc. $ 140.00 440.00- 30.00- 20.00 15.00 8.00- 35.00 10.'60-d 30.00 5.00 130.00 80.00 235.00 110.00 90.00 20.00^,- 225.00- 15.00- 18.00 35.00 12.00 210.00" 65.00 0 PAGE 6 BEDROOM 1 Aquarium _„.. rth 3 Upholstered Chairs Q*N. E. Blanket Chest Color T V Single Maple Bed Maple Chest of Drawers Misc. BEDROOM M2 wooden wardrobe Reclining Chair X-Cycle .,pCorner Chair ^•ryrxf Drawer Chest of Drawers Oak Dresser Base - (a4 M, 's or /WDm p' Work table w Misc. BEDROOM # 3 j'Bed, Brass Headboard -*'Blanket Chest, Small -r Platform Rocker, Ladderback u r5t- o ,c 3 Dr Oak Chest 4- Upholstered Chair - !' f '0 7d'Jewlery Chest *Mahogany Vanity w/Chair A-Mahogany Stand, Shaped top 2 Table Lights ''hair, Carved Victorian 1.-Accessories/Decorators Cb7 e- or R reel vC;? M $ 65.00 15.00 110.00 45.00 55.00 50.00 35.00 I- 25.00 20.00 5.00 35.00 45.00 65.00 5.00 20.00 50.00 55.00 20.00 10.00 5.00 8.00 145.00 65.00 8.00 12.00 55.00 PAGE 7 BEDROOM Y 4 ?Rocker, Cane ICA64 At' ?dka $ 45.00 Empire Chest of Drawers 110.00 Blanket Chest 135.00 vVreadmill 65.00-W bWing Chair 20.00 - Mahogany 2 Drw Stand 45.00 RCA Color T V 50.00 Samsung VCR 20.00 Childs Rocker 40.00 Brass Bad, King Size 75.00 3 Chairs - 15.00 ?y t?Miac. - e,oy/eh ScW'e- mikes/.. -ev ?.4• cf1P - 45.00 Y OFFICE Computer, Compaq 285.00 Desk, Mahogany 75.00 Shelf Unit 20.00 Table Light 5.00 Office Swivel Chair 30.00 Mahogany Stand (rough) 10.00 Receiver 15.00 X-Machines 110.00 Telescope 15.00 Speakers 20.00 Dropleaf table 165.00 Electronic (Various states of repair) N/V Misc. 85.00 TOTAL- $12,932.00 Denny E. Rowe KAREN ENCK, Plaintiff vs. W. EUGENE ENCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95 - 6316 CIVIL : IN DIVORCE THE MASTER: Today is Tuesday, August 8, 2000. This is the date we set for a conference with the parties and counsel following a stipulation that was placed on the record on Thursday June 8, 2000. Counsel were directed to provide spreadsheets and inventories and income statements so that they would have a basis to conduct discussions on a settlement of the economic claims. Present in the hearing room today are the Plaintiff, Karen Enck, and her counsel Barbara J. Patton, and the Defendant, W. Eugene Enck, and his counsel Taylor P. Andrews. Mr. Andrews has provided the Master with an affidavit of consent and a waiver of notice of intention to request entry of divorce decree signed by Mr. Enck which the Master's office will file. Counsel for wife is going to either file or provide the Master's office with an affidavit and wavier signed by her client within seven days of today's date. The divorce will be concluded, therefore, under Section 3301(c) of the Domestic Relations Code. The Master has been advised that after discussions this morning, the parties have reached an agreement with respect to the claim by wife of equitable distribution. The Master understands that no resolution has been made with respect to the claim for alimony which is going to be the subject of continuing discussion toward trying to resolve the issue or will be heard by the Master at the hearing scheduled on September 28, 2000. The agreement that is going to be placed on the record with respect to the equitable distribution claim will be considered the final agreement with regard to that issue. The agreement will be the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Therefore, when the agreement is stated on the record today with respect to equitable distribution, when the parties leave the hearing room, they will bound by the terms that they have reached with regard to that economic issue. Mr. Andrews is going to state the agreement on the record with respect to equitable distribution and, as noted, if the alimony issue is not resolved by September 28, 2000, the Master will hear testimony on that issue and make findings and recommendations. Mr. Andrews: MR. ANDREWS: 1. The claim for equitable distribution of marital property is resolved by the payment to wifo of a sum in the amount of $204,837.00 as follows: a) One-half of husband's PP&L savings plan shall be transferred to wife by a QDRO or other suitable Court order to effect the division of that sheltered benefit account. b) $40,000.00 shall be paid by husband to wife within thirty (30) days of today. c) The balance shall be paid to wife upon the settlement on the sale of the marital residence. 2. This division does not resolve the distribution of the tangible personal property. The parties agree that the tangible personal property shall be divided in kind and they shall use a list prepared by the personal property appraiser, Ben Rowe, as well as any supplement to that list that may be prepared by wife, Karen Enck, to reach an agreement on the division of the personal property in kind. If an agreement cannot be reached as to any particular items, evidence will be presented to the Master with regard to those items on September 28, 2000, and the Master shall determine the distribution of such items that are in dispute. 3. Wife's claim for counsel fees and costs is withdrawn. 4. Wife's claim for alimony is unresolved. 5. Wife shall file an income and expense statement by September 20, 2000 and wife shall provide information regarding her non-marital property to the Master and opposing counsel by September 20, 2000. - 6. Pending a sale of the real estate, husband shall have exclusive right to occupy and possess the marital home. Husband shall be responsible for all occupancy expenses. 7. Wife shall cooperate in the sale of the home by signing all necessary listing agreements, deeds, and other related legal documents. 8. Husband shall receive the net proceeds of the sale of the marital home in excess of that amount needed to fund the distribution of $204,837.00 to wife. 9. Husband agrees to list the house for sale within seven days of today. •1 10. 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. 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 interest, rights, and claims. MR. ANDREWS: Mr. Enck, you heard me recite what the agreement was? MR. ENCK: Yes. MR. ANDREWS: Did you understand what I said? MR. ENCK: Yes. MR. ANDREWS: Do you agree to that? MR. ENCK: Yes. MR. ANDREWS: This is going to be drawn up -- it's going to be typed up -- you see that we have a court reporter here taking this down, this is going to be transcribed and you are going to be asked to sign this, do you understand that when you sign it, these terms that we have just put on the record will be the terms of settlement of the claim of your divorce. The alimony claim left yet unresolved. THE MASTER: If I may interrupt you, Mr. Andrews, when they leave here today, whether it is signed or not, they are bound by the terms of the settlement. l ?r MR. ANDREWS: By indicating you assent now, you are binding yourself, do you understand that? MR. ENCK: Yes, I do. MR. ANDREWS: And do you agree? MR. ENCK: Yes. MS. PATTON: Karen, have you listened to all of the terms of this agreement and do you understand all of those terms? MRS. ENCK: Yes. MS. PATTON: Do you agree with the terms of the agreement, understanding that alimony has yet to be resolved? MRS. ENCK: Yes. THE MASTER: Do you understand that when you leave here today the claim of equitable distribution is resolved even though you don't ultimately sign the agreement that has been placed on the record? MRS. ENCK: Yes. THE MASTER: And the only matters that are left open in the equitable distribution claim involve the tangible personal property which has been addressed in the agreement? MRS. ENCK: Yes. i i 5 ? 'i I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as , set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: 14L, -? k' Barbara Patton Attorney for Plaintiff for Defendant DATE: 9 28- av WayAn Enck 17.7-00 W. Eugen Endk a V. KAREN ENCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 95 - 6316 CIVIL W. EUGENE ENCK, Defendant IN DIVORCE THE MASTER: Today is Tuesday, August 8, 2000. This is the date we set for a conference with the parties and counsel following a stipulation that was placed on the record on Thursday June 8, 2000. Counsel were directed to provide spreadsheets and inventories and income statements so that they would have a basis to conduct discussions on a settlement of the economic claims. Present in the hearing room today are the Plaintiff, Karen Enck, and her counsel Barbara J. Patton, and the Defendant, W. Eugene Enck, and his counsel Taylor P. Andrews. Mr. Andrews has provided the Master with an affidavit of consent and a waiver of notice of intention to request entry of divorce decree signed by Mr. Enck which the Master's office will file. Counsel for wife is going to either file or provide the Master's office with an affidavit and wavier signed by her client within seven days of today's date. The divorce will be concluded, therefore, under Section 3301(c) of the Domestic Relations Code. The Master has been advised that after discussions this morning, the parties have reached an agreement with respect to the claim by wife of equitable distribution. The Master understands that no resolution has been made with respect to the claim for alimony which is going to be the subject of continuing discussion toward trying to resolve the issue or will be heard by the Master at the hearing scheduled on September 28, 2000. The agreement that is going to be placed on the record with respect to the equitable distribution claim will be considered the final agreement with regard to that issue. The agreement will be the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Therefore, when the agreement is stated on the record today with respect to equitable distribution, when the parties leave the hearing room, they will bound by the terms that they have reached with regard to that economic issue. Mr. Andrews is going to state the agreement on the record with respect to equitable distribution and, as noted, if the alimony issue is not resolved by September 28, 2000, the Master will hear testimony on that issue and make findings and recommendations. Mr. Andrews: MR. ANDREWS: V 1. The claim for equitable distribution of marital property is resolved by the payment to wife of a sum in the amount of $204,837.00 as follows: a) One-half of husband's PP&L savings plan shall be transferred to wife by a QDRO or other suitable Court order to effect the division of that sheltered benefit account. b) $40,000.00 shall be paid by husband to wife within thirty (30) days of today. c) The balance shall be paid to wife upon the settlement on the sale of the marital residence. 2. This division does not resolve the distribution of the tangible personal property. The parties agree that the tangible personal property shall be divided in kind and they shall use a list prepared by the personal property appraiser, Ben Rowe, as well as any supplement to that list that may be prepared by wife, Karen Enck, to reach an agreement on the division of the personal property in kind. If an agreement cannot be reached as to any particular items, evidence will be presented to the Master with regard to those items on September 28, 2000, and the Master shall determine the distribution of such items that are in dispute. 3. Wife's claim for counsel fees and costs is withdrawn. 4. Wife's claim for alimony is unresolved. 5. Wife shall file an income and expense statement by September 20, 2000 and wife shall provide information regarding her non-marital property to the Master and opposing counsel by September 20, 2000. 6. Pending a sale of the real estate, husband shall have exclusive right to occupy and possess the marital home. Husband shall be responsible for all occupancy expenses. 7. Wife shall cooperate in the sale of the home by signing all necessary listing agreements, deeds, and other related legal documents. 8. Husband shall receive the net proceeds of the sale of the marital home in excess of that amount needed to fund the distribution of $204,837.00 to wife. 9. Husband agrees to list the house for sale within seven days of today. If 10. 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. 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 interest, rights, and claims. MR. ANDREWS: Mr. Enck, you heard me recite what the agreement was? MR. ENCK: Yes. MR. ANDREWS: Did you understand what I said? MR. ENCK: Yes. MR. ANDREWS: Do you agree to that? MR. ENCK: Yes. MR. ANDREWS: This is going to be drawn up -- it's going to be typed up -- you see that we have a court reporter here taking this down, this is going to be transcribed and you are going to be asked to sign this, do you understand that when you sign it, these terms that we have just put on the record will be the terms of settlement of the claim of your divorce. The alimony claim left yet unresolved. THE MASTER: If I may interrupt you, Mr. Andrews, when they leave here today, whether it is signed or not, they are bound by the terms of the settlement. MR. ANDREWS: By indicating you assent now, you are binding yourself, do you understand that? MR. ENCK: Yes, I do. MR. ANDREWS: And do you agree? MR. ENCK: Yes. MS. PATTON: Karen, have you listened to all of the terms of this agreement and do you understand all of those terms? MRS. ENCK: Yes. MS. PATTON: Do you agree with the terms of the agreement, understanding that alimony has yet to be resolved? MRS. ENCK: Yes. THE MASTER: Do you understand that when you leave here today the claim of equitable distribution is resolved even though you don't ultimately sign the agreement that has been placed on the record? MRS. ENCK: Yes. THE MASTER: And the only matters that are left open in the equitable distribution claim involve the tangible personal property which has been addressed in the agreement? MRS. ENCK: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. KAREN ENCK, Plaintiff W. EUGENE EWeg, Defendant • IN THE COURT OF COMMON PLEAS OF 2 CUMBERLAND COUNTY, PENNSYLVANIA i CIVIL ACTION - LAW 2 NO. 95 - 6316 CIVIL 19 IN DIVORCE STATUS SHEET DATES ACTIVITIES: 11/5/99 sent certification to counsel. /i(Y/7.a 0 U ? (/eiiu.t? a-u GLe.a+ re z 0'w"Ai %4 cs...Ti{,? &-xw 6: 640d 11-460"j. ad-to? aquAn A"&? y?Z ?/Z°a? ?..,-tom g ?.-,...?,> ?.,,.?,?,,,,.? •? -?'?rr,':? ?,;?-11 ?•e..?7_an.,..uc,r . ?ii"?'?[ ,??lut??C_1.+?-':,? J J Gq&et9- w .'t.i[?u.111 1 o darn 1? , i w? 4 KAREN ENCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 95-6316 CIVIL TERM W. EUGENE ENCK, Defendant IN DIVORCE STIPULATION THE MASTER: Today is Thursday, June 81 2000. This is the date set for a hearing on the issue of the date of separation of the parties. Present in the hearing room are the Plaintiff, Karen Enck and her counsel Barbara J. Patton, and the Defendant W. Eugene Enck and his counsel, Taylor P. Andrews. This action was commenced by the filing of a divorce complaint on November 20 1995, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. Counsel have indicated that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Defendant has filed an affidavit under Section 3301(d) averring a two-year separation; the Plaintiff has filed a counter-affidavit disputing the date set forth on the affidavit. We do not need to proceed, however, under Section 3301(d) since the parties will, as previously stated, sign affidavits of consent and waivers. The parties were married on October 7, 1968, and they are the natural parents of three children, all of whom are emancipated. After a discussion this morning, the Master has been advised that the parties and counsel have agreed to a date of separation which will be stipulated to on the record. Upon establishing this date of separation we will have a basis to proceed with valuation of assets which depend on using this date for valuation. I am going to ask counsel to put on the record their stipulation in the presence of the parties and then ask each counsel to indicate what documentation or information needs to be provided to begin the process of getting valuations on various assets. The Master is going to set a settlement conference with counsel and the parties for August 8, 2000 at 9:00 a.m., at which time counsel will present a spread sheet showing the valuations of the marital estate and the increase in value of the non-marital estate from the date of marriage to the established date of separation. If we are unable to settle the case on August 81 2000, after continuing our discussion and review, we will have a hearing on September 28, 2000, at 9:00 a.m. Mr. Andrews. MR. ANDREWS: The stipulation between the parties is that the date of separation shall be deemed to be January let, 1998. MS. PATTON: And we concur with that. THE MASTER: You concur with that stipulation. Would you state it on the record? MR. ANDREWS: Do you want me to elicit the concurrence of the parties on the record? THE MASTER: Yes. MR. ANDREWS: Gene, you Just heard the stipulation on the date of separation being established by virtue of our agreement here of January 1st, 1998. Do you concur and agree with that, Gene? MR. ENCK: Yes. MS. PATTON: And Karen, you've heard our stipulation. Do you concur and agree with that date of separation? MRS. ENCK: Yes. THE MASTER: Now, would counsel state on the record what they need to do in order to be prepared for the conference on August 8 in order to have the valuations that we need on the spread sheet? Mr. Andrews, do you want to address that? MR. ANDREWS: We had provided a spread sheet assuming a different date of separation. Some of the values were obtained, particularly for employment benefits from the representatives of PPBL, pertaining to a previous date that was contended. So I need to go back to PP&L and get an updated statement from them as to the benefits earned as of January 1, 1998. I also am in the process of getting an appraisal on the real estate. So we should have that, and that's by Doug Heineman. We do need to still establish some of the initial acquisition values of the portion of the spread sheet that pertains to Mr. Enck's non-marital property. And we will have to update the date of separation value to this new date of separation. I will look to do that, and try and get that information in Attorney Patton's hands as soon as I have it. We have not formally made a request for information from Mrs. Enck, basically believing that part of this process is a pre-trial statement or pre-conference statement where she would be outlining in a similar fashion her assets, but I wouldn't want to explicitly make that statement at this time. What she had in non-marital property she has a right to at this time. She has tragically lost both of her parents relatively recently and is an heir of their estate from Florida, and we have absolutely no information from that, and it's gone now past the point of being a mere expectation. And these are real property rights which need to be considered as her non-marital property as part of this process, and we need information on that as well. THE MASTER: I think it would be appropriate to have counsel prepare also, in addition to the spread sheet, an inventory and appraisement and an income and expense statement to bring to the conference on August B. Also with respect to the pension, are you going to at least initially agree to one particular appraiser or evaluator to do it, and then if either of you has any problem, you can go off on your own and get somebody else? Do you want to try to establish it? MS. PATTON: I will leave that up to you. I don't have any reason to believe -- I don't have a problem with that. MR. ANDREWS: We will pursue that possibility. I guess with both that appraisal and the real estate appraisal, there are costs involved. we may be talking between the two of them somewhere around $500.00. Whether the parties are agreeable that those costs will be shared. MS. PATTON: She has no money. MRS. ENCK: No. ¦ MR. ANDREWS: Even if the initial payment is fronted by Mr. Enck, that those costs are going to be shared as part of the overall resolution. THE MASTER: Well, what you may want to do is let Mr. Enck pay for the initial appraisals, and then if she wants to have her own done, then she will have to pay for that. If she uses and agrees with Mr. Enck's, which we hope is reasonable, that we can accomplish that kind of a result, then she could share in the costs of those appraisals at that point because she would be benefiting as well from the appraisal. Now, she also does have a claim here for counsel fees and costs. So that may have to be impacted too into the whole process, and maybe ultimately the result may be based on how this thing comes out in terms of the economics that Mr. Enck would ultimately bear the costs of those appraisals. I am just suggesting that intitially Mr. Enck will probably have to front the money on it. Do the parties still reside at the same address of 1271 Sandy Lane, Boiling Spring? MRS. ENCK: No. THE MASTER: Would you give us your address because we are going to send notices to you. MRS. ENCK: It's 3071 White Ash Trail, Orlando, 32826. THE MASTER: And Mr. Enck, you are at the Sandy Lane address? MR. ENCK: That's correct. MR. ANDREWS: Just so we are clear, we are 11 : talking Orlando, Florida. MRS. ENCK: Yes. 0, THE MASTER: Is there any interest in listing the house for sale? And the reason I ask that, the market will determine the value, and you may be able to avoid the costs of appraisal, if the parties want to consider just putting the place on the market. MR. ANDREWS: I explored that with Mr. Enck with our brief discussions afterwards, and that is not his inclination at this point in time. If possible, he would like to receive the house as part of his share. THE MASTER: That's fine. Okay. Now, just so he understands, if it's to be sold ultimately, don't come in the day of the hearing and expect wife to share the cost of sale. I am putting you on notice of that. If you are going to sell it, let's get it on the market and sell it and then the parties share the costs of sale. But don't come in in September and say, Well, now I have decided to sell it, and I want her to reimburse me or share in the cost of sale. That won't happen because there is plenty of time to make that decision. There has been plenty of time to make it. And I have no problem with Mr. Enck wanting to retain the property, it's just that we need to know that now, and he indicates that he intends to ask that the property be awarded to him. Any other comments on the matters that we need to address to prepare for the conference? MS. PATTON: Just to clarify, you are going to be getting updates of value on everything on your spread sheet that you've provided? MR. ANDREWS: Yes. I mean, some of these things are not going to be affected. I think the vehicles really aren't going to be significantly affected. The jukebox, the items of personal property. MS. PATTON: Right. She is going to be -- part of her argument is going to be some of these items he claims to be non-marital property are marital property. So we need current values of them just because we might be using them. Not just purchase value, but she will want the current value. THE MASTER: Well, are there certain things -- MR. ANDREWS: On the spread sheet that we have provided, we are showing what we consider to be the current value. THE MASTER: Do you want an appraisal of the personalty? MR. ANDREWS: What about personalty that Mrs. Enck has -- THE MASTER: Well, that would have to likewise be done. MR. ANDREWS: -- control over. MS. PATTON: She has very little right now, if anything. MRS. ENCK: Right. MS. PATTON: She has nothing. But, um, yeah, sure, that probably would make sense to have everything appraised. Yes, all personal property appraised. MRS. ENCK: Yes, it does. I don't even have a car. THE MASTER: Why don't you have it appraised, then we are ready. I mean, if we get in here and start having issues over the chair and the table -- MRS. ENCK: Right. THE MASTER: -- then we have values to talk about. Do you have a preference as to whom you want to do the appraisal? MS. PATTON: No. THE MASTER: Mr. Andrews, do you have anyone that you've used? MR. ANDREWS: I used Rowe in the past. I've ¦ used -- there's a Wayne Myers I've used for personal property appraisals. THE MASTER: Do you have any preference? MS. PATTON: I don't have anybody. MR. ANDREWS: Oftentimes it's a matter of who is available. THE MASTER: Okay. Well, let's get that done, then. Let's have the appraisal. Any vehicles or any other assets that need to be valued? Jewelry? I haven't seen -- MR. ANDREWS: On the list of assets there is somewhat of a classic car, here. I guess there is a question as to -- is Mrs. Enck contending that that is marital? MS. PATTON: His Corvette. MRS. ENCK: Yes. MS. PATTON: How is it non-marital? MR. ANDREWS: was given to him by his folks. It was acquired from a CD that MR. ENCK: Same as the jukebox. MRS. ENCK: Same as the other cars that you have listed there? Is that what you are saying? MR. ANDREWS: It came from financial -- MRS. ENCK: If he can prove that. I don't know if it's out of our account or -- MR. ENCK: No, the Corvette and jukebox, I can definitely prove that. THE MASTER: Well, why don't you provide documentation to trace those funds to show the source of the funds that were used to get those assets. MR. ENCK: Okay. THE MASTER: And if I need them to be appraised, we will have that also done. Because I would like to come in here on the 8th and have these things either valued or we know the status of them so that we can have some meaningful discussion. Anything else? Any other assets that we need to address? I don't have a list because I haven't gotten any inventories filed yet, but anything else that you have a concern about? (NO RESPONSE) THE MASTER: Okay. We will send out notices for the conference and the hearing date, and we will see you back here in August. Thank you very much. cc: Barbara J. Patton Attorney for Plaintiff Taylor P. Andrews Attorney for Defendant 4 Please call if you have any questions. Sin ly, Barbara J. P /on Cc: Taylor P. Andrews, Esquire Karen Enck W W 0MC9 OF BARBARA I PAWON 1 20 Locust STREET - HAraseum, PA 17101 (717) 2000545 FN(: (7 1 71 9020009 December 18, 2000 Robert E. Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Enck v. Enck Dear Mr. Elicker. Per your request, enclosed please find a Memorandum regarding the alimony issue in the above referenced divorce action. KAREN ENCK, Plaintiff V. W. EUGENE ENCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-6316 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE 1. STATEMENT OF FACTS Karen and Gene Enck were married on June , 1968. At the time, neither had completed their education, and neither had more than a high school diploma. Mr. Enck obtained an Associates degree from HACC after the marriage. The parties had three children during their marriage. Mrs. Erick stayed home with the children when they were young, but returned to work part-time when the youngest was five years old. Mr. Erick made a good income, and was able to support the family without his wife's income. Mrs. Erick has not worked more than part-time since the children were born. She has a Commercial Drivers' License (CDL) and was driving a school bus until recently. The family took vacations every year when the children were young, but less often as the marriage deteriorated. Mr. Erick had a serious drinking problem during the marriage. Mrs. Enck can remember very few evenings when her husband was not intoxicated. He often drove while intoxicated, and on at least one occasion had a child with him while driving drunk. He was very verbally abusive to his wife while intoxicated, and often physically damaged property. Mr. Erick participated very little in his children's activities, school and otherwise. The already bad marriage between Karen and Gene Enck took a serious turn for the worse when Mr. Enck had two extra-marital affairs in quick succession in 1995. The first one was followed by an affair with his son's girlfriend. Mrs. Enck is still very disturbed by the fact that a father could so treat his son with no apparent signs of remorse. Mrs. Erick filed for divorce after learning of the second affair, but she never left the marital residence. At the time of separation, the parties lived in a large, five bedroom home in an upscale development in Boiling Springs. Mr. Erik's income allowed them to live comfortably without financial assistance from Mrs. Erick. Mrs. Erick left the marital residence after her husband stopped supporting her, and she was unable to petition for spousal support while living in the home. She took no marital personal property when she left. She is currently living with her son in Florida. Mrs. Erick acquired two dogs during the marriage. Mr. Erick is currently keeping them at the marital home, but she does not expect him to do so indefinitely. She is looking for a place to live in Florida that will allow her to keep her dogs. salary employed Fall-time In retail. 2. The ages and the physical, mental and emotional conditions of the parties- Both parties are at or approaching their mid-fifties. Mr. Erick has been employed with the same company for many years, and there is no reason to believe that he will not be able to stay with that company until he chooses to retire. If his mental and/or emotional state has not yet caused him a reduced earning capacity, it is not likely that it ever will. Mrs. Erick has worked a variety of jobs, both before the children were bom, and once they were older. She did not work when they were very young, and has not worked more than part-time since returning to work after their births. The divorce, and the events leading up to it, have caused Mrs. Enck severe emotional distress, especially her husband's affair with their son's girlfriend. She is currently undergoing counseling, and will soon be seeing a psychiatrist for medication. She has been unable to develop a plan for her future. She still seems uncertain even as to where she wants to live. 3. The sources of income of both parties, including, but not limited to, medical, retirement, insurance, or other benefits- Mr. Enck receives regular income from his employer, his father, and for the last couple of years, his uncle's estate. Mrs. Erik's only current source of income is the spousal support she receives from her husband. She expects to be working full- time in retail once she settles down in one place in Florida. 4. The expectancies and inheritances of the parties- Mrs. Erick will be receiving a sum of money from her father's estate. That estate is far from settled , however, and she cannot be sure at this time what she will ultimately receive. Mr. Enck has been receiving regular payments from his uncle's estate for the past two years. That estate also remains unsettled. Mr. Enck was unable to say how much he would ultimately receive from his Uncle's estate. Mr. Erik's father is 96 years old, and while in good health today, cannot be expected to live for many more years. He should have an estate to leave to his son, as well. 5. The duration of the marriage- the time between the wedding and the agreed upon date of separation was thirty (30) years. 6. The contribution by one party to the education, training or increased earning power of the other party- While Mrs. Enck did not contribute financially to her husband's education, she kept his home, cooked for him, and took care of his children while he pursued his education. 7. The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child. N/A The children are all grown. 8. The standard of living of the parties established during the marriage- While married, the parties living in a five-bedroom house in an upscale neighborhood in Boiling Springs. The home was appropriately famished, and the parties were able to meet all their material needs with Mr. Erik's income. Mr. Enck remains in the home. Mrs. Erick shuttles between her sons' w At the time of the Master's hearing, Mrs. Erick was not working. She does not feel emotionally stable enough to resume work as a school bus driver at this time. She intends to work retail when she is permanently moved to Florida. She is undergoing counseling. She is also receiving medical treatment in Pennsylvania, and will permanently move to Florida when that treatment is completed. Mr. Erick has admitted that his wife was a good mother and housekeeper during the marriage. It is expected that Mrs. Erick will some day receive something from her father's estate, but that estate is far from being settled, and a specific amount cannot yet be established. Mr. Erick has already received a substantial sum (in excess of $50,000) from his uncle's estate, and that estate is not yet settled. It appears from documents submitted to the court in response to interrogatories that Mr. Erick can expect additional payments from his uncle's estate. Mr. Erick recently purchased a truck, a considerable amount of furniture, and a hot tub, paying cash for all. During the marriage, Mr. Erick would receive regular payments from his father. Mrs. Erick is unsure of the exact amounts of those payments, but is confident that her husband continues to receive money from his father. Gene Enek's father is 96 years old. At the time of her marriage, Karen Erick expected to remain married to Gene for life. She is Roman Catholic, and to this day, feels conflict and guilt about the impending divorce, notwithstanding her husband's drinking and extramarital affairs. Mrs. Erick is seeking alimony in an amount that would allow her to live comfortably for the rest of her life, while working in a retail environment. She is currently receiving $1500 a month spousal support from her husband. That figure was calculated by Domestic Relations using her bus driving salary as her income. She is not currently working. 11. DISCUSSION The Pennsylvania Divorce Code (Title 23, Section 3701) gives courts the authority to award alimony to either parry. Section 3701 (b) specifies the factors that are to be considered in determining whether alimony is necessary and in determining the nature, amount, duration, and manner of payment of alimony. An application of the facts of the instant case to the enumerated factors to be considered make it clear that Karen Erick is entitled to receive alimony from her husband in an amount that would allow her to live comfortably for the rest of her Iife.The factors are as follows: 1. The relative earnings and earning capacities of the parties: Eugene Erick eams almost $7,000 a month working for PP&L and from interest and dividend income paid on the investments he made with the money given to him by his father during the marriage. It is possible that he is still receiving monetary gifts from his father. Mrs. Erick has no reason to believe that he was not, as such gifts were ongoing throughout the marriage. Mrs. Erick has a CDL, and earned approximately $11.00 an hour as a part-time bus driver. She does not feel emotionally able to resume driving at this time, but can earn roughly the same gross weekly homes 9. The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.- Mrs. Erick will be seeking employment in the retail field and does not anticipate any additional training requirement. 10. The relative assets and liabilities of the parties: Mr. Erick has retained much of the material assets of the marriage, and the marital settlement agreement has or will reimburse Mrs. Erick for her share. The asset of the marriage that Mrs. Erick has lost has been the benefit of her husband's income. She can replace the material goods to some extent with her cash settlement, but she does not have the security of knowing that her day to day needs can be met, and she can afford some of the finer things she may desire. 11. Property brought into the marriage- Neither party brought anything of significant value into the manage at the time of the marriage. 12. Contribution of a spouse as homemaker- Mr. Erick has conceded that his wife was an excellent mother and homemaker. 13. Relative needs of the parties- Since Mr. Erick retained the large majority of the marital assets, Mrs. Erick has to replace much of what she owned in her marriage. She must reestablish herself physically and emotionally if she is to function on her own. She is currently unemployed, and needs health care. She needs a place to live that will accommodate herself, her dogs, and visits by her children. She needs counseling to allow her to work to full capacity. 14. Marital misconduct of either of the parties during the marriage: Mr. Erick was often drinking or intoxicated during the marriage. He was very verbally abusive toward his wife, and often damaged or destroyed property in anger. He drove while intoxicated, sometimes when the children were in the vehicle with him. Mr. Erick had two (2) affairs in 1995, the second one with his son's girlfriend. Mr. Erick contends that his wife was verbally abusive toward him, and also drank to excess. The parties' son testified that his father was often intoxicated, and that his mother had a drink only now and then. Mrs. Erick probably did seem verbally abusive to her drunken husband when she was trying to get him to see what he was doing to his family. A good mother does is not ordinarily verbally abusive, nor does she drink to excess. Mr. Erick admits that his wife was a good mother. 15. Tax Ramifications of Alimony- None that are of concern to Mrs. Erick. 16. Whether the party seeking alimony lacks sufficient property to provide for the parties' reasonable needs: Mrs. Erick must replace almost all of the property, real and personal, acquired during the marriage. Her husband retained most of those assets. 17. Whether the party seeking alimony is incapable of self-support through employment- Mrs. Enck is capable of working to meet her basic needs. She cannot begin to earn the money to allow her to have what she had, or could have had during the marriage. BOTTOM LINE The Marital Settlement Agreement reached between the parties will allow Mrs. Enck to replace much of the property she lost when she moved from the marital residence. It will not, however, allow her to live on a day-to day basis in the manner in which she lived, or could have lived during the marriage. If she is not awarded alimony, both she and her husband will have a furnished home with a mortgage, but her husband will have an income that will allow him to live in some comfort, while she struggles to meet her basic needs. Considering the length of the marriage, Mr. Enck's marital misconduct, and Mrs. Enck's reasonable expectation that she would be married for life to a husband capable of supporting her, it is only fair that Mrs. Enck be awarded an amount of alimony that would provide her with a disposable income equal to, or more than that of her husband. She, therefore, does not believe an award of $3,000 a month for an indefinite period of time to be excessive. She also believes that any amount of money she receives from her father's estate will be offset by her husband's inheritance from his uncle, and should not be considered in determining whether, and how much alimony she is to receive. Respectfully Submitted, ?,M?, . ,"Av- Barbara J. Patt Atty I.D. 60731 (717) 362-0903 i Af KAREN ENCK, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, :PENNSYLVANIA W. : CIVIL ACTION - LAW W. EUGENE ENCK, : NO. 95-6316 CIVIL TERM Defendant : IN DIVORCE Defendant's proposed findings Re: Plaintiffs alimony claim - The following alternative findings are hereby submitted on behalf of the Defendant, W. Eugene Erick, with regard to the alimony claim by the Plaintiff in the above captioned action: As the moving party on the Alimony claim, Plaintiff had the burden of proving her entitlement.:. An award of alimony should not be based on speculation.' In this case'Plaintiffhas failed to offer evidence that supports hecclaim.. She offered no'evidence as to her expenses. She offered no testimony other than her own testimony that she could not work. Even her own testimony was conflicting on this point. Considering the property that Plaintiff has and will receive in the equitable distribution of propertyl, and further considering the non-marital property that she expects to receive , Plaintiff has not demonstrated that she cannot meet her own reasonable needs with her own income and her own property. While it is true that there may be an undetermined delay in Plaintiffs receipt of the property referenced above,3 Plaintiff offered no evidence as to the resources that are available to her to carry her to the time that she will receive the assets.' Without the information referenced above, an award of alimony would be based on speculation. Therefore, the claim of alimony should be denied. 1 $204,837 as per agroemenl In transcript from Master's proceedings on August 8, 2000, plus an additional $1,733 for settlement of personal property division as Per page S of transcript of Master's proceedings an September 28, 2000. _ $156,139 as per letter ftm IL Scth Mann, Esq. Introduced into record on November, l7, 2000. Approximately $80,000 laiyabie at sale of nraritrtt residence. Nun-marital property received when administration of father's elate completed Idod: 5-17-991. ' Plaintiff feed no Income and expense statement, and to die best of counsel's recolloction offered no other evidence as to her current assets Plaintiff was to receive $40,000 from Defendant within 30 days of September 28, 20W and Plaintiff has received spousal support in the amount of $1,500 per month. Defendant's Income 1. Defendant is employed by P P & L as a distribution technician. His earned income is as follows': Gross per pay period [2 wks]: $2,255.84 Gross per month: $4,887.65 Net per pay period [2 wks]: $1,623.21 Net per month: $3,516.95 2. Defendant's unearned income from his savings and investments of marital and non-marital property is as follows: Gross per month: $ 823.00 Net per month6: $ 576.10 3. Defendant's combined earned and unearned net monthly income is $4,093.05. 4. Plaintiff has a Commercial Drivers License [CDL] and has worked as a school bus driver in Pennsylvania for many years. 5 As per Defendants Income and Expense statement and the attached pay stub and the attached 1999 tax 6 Gross less 28% federal marginal tax rate, and 2% Pa State income tax. 7 Earning capacity is the appropriate consideration for support and alimony analysis. Patella v. Paaila 342 Pa Super. 178, 492 A.2d 707 (1985); Earning capacity is the amount a pawn can realistically [not theoretically] earn. Geyer v. Gever 310 Pa. Super. 456, 456 A2. 1025 (1985). 5. Full-time jobs for school bus drivers are available in Florida where Plaintiff has or will relocate. Such jobs are with medical benefits and pay S9 per hour for 35 hours a weeks Such a job would pay an earned income of. Gross income per month: $1,404 Net income per month: $1,1769 6. At a return of 6% Plaintiff can yield unearned income on the unsheltered portion of her share of the marital property10 in the amount of. Gross income per month: S 500 Net income per months': $ 425 7. At a return of 6% Plaintiff can yield unearned income on her expected non-marital property of. Gross income per month: $ 785 Net income per montht2: S 667 8. Plaintiffs combined net earning capacity and estimated unearned net monthly income is $2,268. Other Procosed Nadi= 9. The cost of COBRA medical and dental benefits for Plaintiff through Defendant's employer are as follows: HealthOne Point of Service - $227.97 per month Dental Assistance - $ 21.59 per month 10. If Plaintiff is employed as a bus driver in Florida she would have her own benefits, and there would be no need for COBRA benefits. 11. Plaintiff can find employment in Florida with her CDL that would be at a higher rate of pay than $9 per hour and would be for more than 35 hours per week, and the increased income would more than cover the cost of the COBRA benefits. s N.T. 48 of hearing of Sept. 28, 2000, and reaffirmed in hearing on Nov. 17, 2000 [not yet transcribed]. 9 Gross income: $16,848 less standard deduction $ 4,400 personal exemption 2,800 Adjusted Gross Income $ 9,648 Tax - 150/9 of AGI $ 1,447 FICA -6.2%ofGI $ 1,045 Medicare -1.45%GI S 244 Net Income - Gross Income less federal tax, FICA, and Medicare 10 Estimated at $100,000 from Defendant's inventory and appraisal. One half of the savings plan [the sheltered portion] is approximately $84,000. The balance of the Plaintiffs share would be $122,000. Using $100,000 to calculate unearned income allows for some shrinkage by expenditure and also for some delay in the sale of the marital residence. " Gross less 15% marginal federal income tax rate '2 Gross less 15% marginal federal income tax rate I 12. Plaintiff is able bodied and has no disabilities that prevent her from productive work. 13. Plaintiff offered no evidence as to her expenses in Orlando, FL where she indicated she has recently lived and will settle. Proposed Conclusion Though Defendant maintains that Plaintiff has not proven her entitlement to alimony, Defendant proposes as an alternative that Plaintiff be awarded alimony in an amount that shall not exceed $500 per month 13. Submitted, r P. Andrews, Esq. for Defendant ME wrote a certain base level of expenses may perhaps be assumed, even in the absence of any evidence, as monthly Income with alimony exceeds $2,500 per month, an award of alimony cannot be supported by assumed expenses. tttttttttt?tttt? NOV.`as 1 Sic 774 4245 reoa. tit VPL TWO North NW%sit" MMMM4 M 1110M IP • '? 1l I 14 66714451 ? qtr ? . . Wrr?iac\om rr.. ? 4 r pp 4 %\ \Y November 28, 2000 PAX to: 717-243.0061 Taylor Andrawe, Esquire Mr. W. Eugene Enck, Jr. 1271 Sandy Lane Boiling Springs, PA 17007 The following Iulbrawdon is being provided in response to Attorney Andrews's request for COBRA benefits that would be available to your spouse upon your divorce. COBRA benefits would be available for Ms. Enck for a period of 36 months. The medical and dental benefits and the costs for the year 2001 are as follows: HcalthOne Point of Service .1227.97 per month Dental Assistance - $21.59 per mouth Upon your divorce you are required to notify the Employee Benefits Section of your divorce and remove Ms Enck from the PPL records. You must also provide us with a forwarding address for Ms. Enek. After we have received this notification, our third party administrator, COBRAScrve, will send a certified package to Ms. Enck with the information on continuing theca benefits. Sincerely, Art Aa ze Diana Persons Specialist-Employee Benefits ii. 4 6 . t? KAREN ENCK, Plaintiff' V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.95-6316 CIVIL TERM W. EUGENE ENCK, Defendant TO THE PROTHONOTARY: : CIVIL ACTION - LAW : IN DIVORCE Please note my withdrawal as counsel for Karen Enck, Plaintiff in the above-captioned matter. Dated: r7/Z11 9 f Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 matter. Pease enter my appearance as counsel for Karen Enck, Plaintiff in the ove-captioned Dated: I Z I R 4 ?f7,c[R Barbara J. Pat , Esquire I.D. # 60731 126 Locust Street Harrisburg, PA 17101 ANDREWS & JOHNSON - Attorneys at Law 78 W. Pomfret Street Carlisle, PA 17013-3216 TAYLOR P. ANDREWS RONALD E. JOHNSON Telephone (717) 243.0123 Telefax (717) 243-0061 November 29, 2000 Robert E. Elicker,11, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Enck vs. Enck Dear Mr. Elicker: As per our understanding at the end of the last hearing I enclose a letter from PP&L stating the costs of Mrs. Enck's COBRA benefits. This is to be added to the record as per our understanding. TPA:ss Enclosure cc: Barbara J. Patton, Esquire W. Eugene Enck, Jr. (w/encl.) 10/31/2000 11:10 3525671877 R SETH MMN EM PAGE 02 MANN lk Smivi- P.A. UGAL AND FINANCIAL COUNSl LING October 30, 2000 Karen Enck 136 West Louther Street Carlisle, PA 17013 RE: Estate of William O'Donnell, Sr. Dear Karen, The information to date is as follows l.) Gross estate value $3,912,023.00 1) Probate Administration Expenses (Estimated) -169,098.00 3,) Debts, Mortgages and Liens -2,622,134.00 4.) Estate Taxes due (Florida) -40,131.00 5.) Estate taxes due (Federal) -143.893.00 6.) Net assets S 936,767.00 7,) Tax return filed by John T. Weaver, CPA shows: Karen E. Enck - Beneficiary share (estimated) $156,159.00 8.) Additional Factors: There are three lawsuits in process. Contract dispute on 436 property Contract dispute on Hewett Heights property Personal injury claim from auto accident The expenses associated with the litigation cannot be determined at this time and the amount of liability against the estate, if any, has not been determined and will not be determined until the lawsuits are concluded. Real estate holdings constitute a major portion of (lie estate and the costs associated with the sate of these assets has not been calculated in the numbers above. Payment to beneficiaries will not be made until holdings can be liquidated. The information provided is from the estate tax return filed by John Weaver, CPA. If you need additional information regarding the valuation estate assets, you may contact John Weaver at (813) 287-1519. If you treed additional information from me, please contact me at the number listed below. rel & Seth 1L Seth ann, Esq. e ? c IIIII 37" 1 MERIDIAN AVINDr Me Cm, FLORIDA 33525 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN ENCK Plaintiff V. W. EUGENE ENCK Defendant NO. 95-6316 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 94,00? INCOME AND EXPENSE STATEMENT OF W. EUGENE ENCK I verify that the statements made in the Income and Expense Statement arc true and correct. I understand that false statements heroin are made subject to the penalties of 19 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Date: C? W. Defendant INCOME Employer: PPL Address: 7tvo Norgh Nin" St.. Allentown, Pa. 19101.1179 Type of Work: Distribution Technician Fay Period: 2 Weeks Gross Fay per pay od: 52.235.84 itemized payroll Deductions Federal Withholding: $352.42 Social Security: 5173.61 Local Wage Tax: $22.56 State Income Tax: $63.16 Retirement: Savings Bonds: Credit Union: Life Insurance: $0.96 Other Union Dues $16.92 UW SI.00 Net Fay per Fay Period: S1,623.21 Net Pay per Month: Other Income: Month Interest 5500.00 Dividends $323.00 Pension Annuity social security Ruts Royalties Expense Accounts Gifts Unemployment Camp. Woriunads Camp. Total TOTAL INCOME $823.00 $1,623.21 $3,516.95 54.339.95 _ _. _.r...?4 ? rM?fNWerr..uavakaa.pµ? ': EXPENSES Monthly Home Mortgage 5073.00 Maintenance 5100.00 Utilities Electric $86.00 ass Oil $100.00 Telephone $140.00 Water $37.00 Sewer $118.00 Employment Public Transportation Lunch Taxes Real Estate es crowed Personal Property $41.16 Income $1,074.41 Insurance Homeowners 547.00 Automobile $209.00 Life $1.93 Accident Health Other Automobile Payments Fuel $180.00 Repairs $100.00 Medial Doctor $50.00 Dentist Othodontist Hospital Medicine $35.00 Special Nods Education Private School Parochial School College Religious !1/7/00 WORM oral Clothing Food & supplies Barbedluirdressor Credit payments credit Cards Charge account Memberships Loans Credit Union Miscellaneous Household Help Child Caro Papas/ba"magazines Entertainment Pay TV Vacation Gifts Legal fees Charitable contributions Other child support Alimony payments Other Total Expenses $50.00 $650.00 $12.00 $50.00 $30.00 $100.00 $250.00 $4,834.50 SUM PPL Two North Ninth Street •n..a.••,... PA 19401.1179 pay Grow: PPL B"Wn0 Unit • BU Advice 0: 6427677 Pay D•pin Data: 0025300 Pft 6: 6706002766 r n.•_• ,w.um Check Date: 00116100 Employw to: 021270 u Data Federal PA state W Eu re E1d1 Jr D M M 1271 Sandy Lane Deprtnrot: PD-Hw4$b gWeat Ar•• tatia: LfedW Boat/ Sp*W. PA 17007 location: Wo4Sly SWWC•nW Allowance : Job Title: Di* Tech Add Pet: SSN: 1763446/9 Pay Rata: 6211.165 Add Ant: •ro - - -------- - Taxes ----- --------- - - - o - - - - i ---- - Y - - - Cirr« t --------- r1D - ------ o..a Non b;r;rt YTD on Dav s Reg" 00.00 24M.114 211.4 17.211 22637 fad Mte d nip fad FICA M•dimra No4Pla1 Ins 762.42 2291 4.217.15 399.77 BU Safety Award 11 00 fb OASO9Diubilry 140.70 1.707A6 Meet Abowone• . 20 53 PA Wdt*Wg 6310 755.78 Colima TrA Alowanee . 601 00 PA Slw SR Witim"ri0 22.68 273A0 OT Hare Paid ®1.6 . 160 09 PA Giver SR DoouPatirrl Pd 10.00 OT 1feVs Paid ® 2.0 . Tmfel; 2.265.64 27.464.77 Total: 0111.76 7.474.30 Before sa ue ons D !_u_ _ eductions __-_ - -__-- _- --- - - - - Curenl Y 7D iWon D YTD Ch DARN of cNld - 112e.12 7.537.14 LM of the Ora Cad11• Ara r 2 .17?g5 1.00 12.00 IDEW10001.1,ton Ouaa qj/fn0 24110 Grp Life k"op Plon-Fl•r1N'f131h 0 11.69 Tdel: 0.00 0.00 Total: 629.12 7.402.22 total ee • ate a rose O Lies Total -- Deductions ---------- • sy -------'- wrem ------ curnM: ---- ' --------- 2166.64 --------------------------- 2169.34 611.76 629.12 1,011.47 YTD: 27 7M.73 27.642.73 7.474.306 7.60212 12.106 21 PPL Two North Ninth Street Allentown, PA 16101.1170 •ESJ% Advice No. 6427633 PPS ?: ACS khtp Direct Deposit Information WESSCS 0855 A W EUGENE ENCK JR 1271 SANDY LANE BOILING SPRINGS, PA 17007 Date 06116100 Account Number Deposit Amount 1334298 $1,014.97 930/1002766 NON-NEGOTIABLE npor"ont of Ow Treasury - InWnal flowage Service Label (see insarttkn..) Use the IRS label. Otherwise, or tyyppeprint Presidential Election Campaign (s« insbuetions.) Filing Status Check only one box. he year Jan 1-Dec 31, 1999, or other tax year beolru tar fast None W Lest Name You must enter your social seemly number(s) above. ... -...... - • - Nab:Orcw'rw Do you want $3 to go to this fund? .................................................... X V"tamWg ds" If a joint return, does your spouse want E3 to go to this find? ............................ tar row. Married filing joint return (even if only one had Income) Married filing separate return. Enter spouse's SSN above & full name here ... ? KAREN E ENCK Head of household (with qualifying person). (See Instructions.) If the qualifying person is a child but not your dependent, enter this child's name here ... ? Exemptions If more than six dependents, see Instnxtions. child 6a ?( Yourself. If your parent (or someone else) can claim you as a dependent on his or her tax return, do not check box 6a .............................................. b_(1 Spouse ....................................................................... No. of bones coded an do and Its .. 1 No- el.... e Dependents: (2) Dependent's (3) Dependent's (4) it iu ie u social security relationship I ct-l= rnld a Ores m number to you . aNt?yav First name Last name me t (mow a ad note NICM EL J ENCK 201-60-2711 Son 'htlyend" dNenee •naee wa e 4sln u an en f an ac not et abases oboe .... Add nwMe ...= re ar •r Income 7 Wages, salaries, lips, etc. Attach Form(s) W-2 ........................................ .. 7 ones above . 0` 1 60.392. On Taxable Interest, Attach Schedule B it required ........................................ Attach Co B 8e. 6,001. py 6 Tax-exempt Interest. Do not include on line 8e. 86 of your Forms ••••••••••••• W-2 and W-2G 9 Ordinary dividends. Attach Schedule B if required ..................................... h 9 5,144. en. Also attach 10 Taxable refunds, credits, or onsets of stale and local Income taxes (see Instructions) .. Form(s) 1099-R If 10 11 Alimony received ......................................... . tax was withheld. ....................... 71 If you did not 12 Business Income or (loss). Attach Schedule C or C•EZ ................................. 12 get a W2, see 13 Capital gain or (loss). Attach Schedule D if required. If not required, check here .... ? 13 1,167. instructions. 14 Other gains or posses). Attac h Form 4797 ............ ................................ 14 15a Total IRA distributions ..... 1521 1 ? Is Taxable amount (see instrs) .. 75b Use Total pensions & annuities . 16¦ Is Taxable amount (see instrs) - 161; 29. 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E .. 17 Enclose, but do 18 Farm income or (loss). Attach Schedule F ............................................ not sta le an 18 p , y 19 Unemployment compensation ....... payment. Also, ................................................ 19 Please use 20a Social security benefits ..... 1 20&1 1 Is Taxable amount (see instrs) .. 20b Farm 1040-V. 21 01Mi income. List type & amount (see instrs) _ _ _ _ _ _ - - - - - _ 22 Add the amounts in the far right column for lines 7 throueh 21. This is vnor lef.l Inenn,e ? 21 " 77 722 '•.............. ............................ Aclusted 24 Student loan interest deduction (see instructions) ........... Gross 24 2S Medical savings account deduction. Attach Form 8853 ....... Income 25 26 Moving expenses. Attach Form 3903 ....................... 26 27 One-half of self-employment tax. Attach Schedule SE ....... 27 28 Self-employed health insurance deduction (see instructions) . 28 29 Keogh end sell-employed SEP and SIMPLE plans .......... 29 30 Penalty on early withdrawal of savings ..................... 30 31 a Alimony paid Is Recipient's SSN.... ?266-96-3497 ... 31a 7,500. 32 Add lines 23 Waugh 31a ........................................... ........... ......... 32 7 120. 33 Subtract line 32 from line 22. This is our ad uslad ross Income ..................... ? BAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see Instructions. FDIA0112 1111699 33 65 233 . Form 1048 (1999) CLIENT'S COPY N EUGENE ENCK JR 176-34-8849 Pa e2 d 34 Amount from line 33 (adjusted gross Income) ........... ....................... 65 233. is SSa Check if: ? You were 65/older, []Blind; [] Spouse was 651older, []BIIhd. Add the number of boxes checked above and enter the total here ............ ? 35¦ Standard b 11 you are married fill separately and your spouse Itemizes deductions or you were a dual-status alien, see instructions and check here ............. ? 35b T Deduction for Most 36 Enter your Itemized deductions from Schedule A, line 28, Or standard deduction People shown on the Ian. But see instructions to find your standard deduction If you checked any box on line 35a or 35b or if someone can claim you as a dependent ........... . E X 11 482. Iraq a 300 54 37 Subtract Ilse 36 from lire 34 .................................................... 5 751 . , 38 If line 34 b 594,975 or Ias, multiply 51,750 by the total number a1 ousmptions claimed on line 60. If line 34 Head of is am $94,97% see IM rakslad in IM Instructions lot the amount to inter ............................ So 5,500. household: 39 Taxable Income. Subtract line 38 from line 37. If line 38 is more than line 37 enter .0• .. , . .. . 39 48 251 $6,350 , ? 40 Tax (acre fnsbs . Oeck t n is from a [] F [] ) any tax are(a) 8814 b Form 1971 ................... .................... . , . 40 3 0 616 . Married filing 41 Oodit for child and dependent care expenses, Attach Form 2111 .......... 41 1QuelY or e 42 Credit for the elderly or the disabled. Attach Schedule R ..... 42 widow r?: $7,200 43 Child tax credit (see instructions) ..................... 43 ..... 44 Education credits. Attach Form 8863 .................. ..... 44 Married filing 45 Adoption credit. Attach Form 8839 ......................... 45 $3,600 ely: 46 Foreign tax credit. Attach Form 1116 If required ............. 46 47 Other. Check if from.. • Form 3800 b []Form 8396 c [] Form 8801 d BForm (specify) 47 48 Add lines 41 trough 47. These we your total credits ............................................ 48 49 Subtract line 48 from line 40. If line 48 Is more than line 40, enter •0• .................. ? 49 10.616. Other 50 Self-employment uxAttach Schedule SE ..................................................... 50 ' Taxes 51 Alternative mWmurn tax. Attach Form 6251 ........................................... 51 52 Social savrily and Medicare lax an tip income not reported to employer. Attach r arm 4137 ................. 52 53 Tax on IRAs, other retirement plans, and MSAs. Attach Form 5329 If required ............ 53 54 Advance earned income credit payments from Form(s) W2 ............................ 54 55 Household employment taxes. Attach Schedule H ..................................... 55 56 Add lines 49.55. This Is your total lu ..................................................... ? 56 10,616. Payments 57 Federal Income tax withheld from Farms W4 and 1099 ...... 57 9,646. 58 1999 estimated tax payments and amount applied from 1998 return ........ SO 59a Eeraed lacame credit Attach Schedule BC it you haw a qualifying child. Is Nontaxable earned Income: amount . ? 59¦ and type .?----------------- ----- 60 Additional child hex credit. Attach r;n 8812 ............... 60 61 Amount paid with request for edem(an to file (see instructions) .......... 61 62 Excess social security and MA tax withheld (see Insbs) ... 62 63 Other payments. Check if from ..... a [] Form 2439 Is [] Form 4136 ........................................ 63 y 64 Add lines 57, 58, 59a, and 60 through 63. These are your total payments .................................................................. ? 64 9,646. Refund 65 t line 64 is more than line K subtract line 56 from line 64. This is the arrant you overpaid ............... 65 Have it directly 66a Amount of line 65 you want Refunded to You ............ ....................... ? 66a deposited) See instructions and ? Is Routing number ....... ? e Type: [] Checking [] Savings fill in 65b, 66c, ? d Account number ....... end 66d. 67 Amount of line 65 you want Applied to Your 2W Estimated Tax ....... ? 67 Amount 68 It line 56 Is more than line 64, subtrad line 64 from line 56. This Is the Amount You You Owe Owe. For details on how to pay, see Instructions .................................... ? 68 970. 69 Estimated tax penalty, Also Include on line 68 .............. 69 Sign Ilk rm h c wr e«u.°=*", te00cl iti "ds,• of oW'W ((on Ire °e.. y m. wttlwA..e a`hs.s .wen a .? pp neww h i rh° I I w wry mo,o.Lep• is Here . Joint relum7 vqM Sterne" err ra. own.hm " fpew`m`" See Instruction. TECHNICIAN Keep a copy na,••• ae•. . Joint lie BOO m Sir. r p? '* •bn for your records. 10, P°e ah. Prep oers sera w PTn Paid a%" V mwaa.w 08 3-34-2918 Preparer's F.mse.m. E woo IL Associates Inc Use Only y P 21 State Ave Suite 102 (( Eel 25-1590742 M Carlisle PA 21PceM 17013-4432 FCU0112 11115M Form 1040 0999) en Fenn 1010. D• Na Enter Nome end social ae•unlr PO" d shorn •n ed,•dWo A. I Your social - Schedule B - Interest and Ordinary Dividends 08 Part 1 1 List name of payer. If arty Interest Is from a seller-financed mortgage and the buyer used Interest the property as a personal residence, see the instructions and list this interest first. Also, show Viet buyer's social security number and address ................................. ALLFIRST BANK__________________________________ ---- a instruct ions ------ -- ALLFIRST BANK or Form 1040, IreBe.) -------------------------------- ---------- FIRST_UNION ----------------------------------- KEYSTONEF INANCIAL BANK__________________________ MELLON BANK ----------------------------------- a.r:uyW f F _MEM_B_E_RS__I_ST__F_CU--------------------------------- OIm • M .M• Iv,9m,r«m PNC BANK ---------------------- m.nl rbab PRUDENTIAL INS CO OF AMERICA______________________ ar Or* ? M.+, bM =6 PRUDENTIAL INS CO OF AMERICA MMOMa a1?, I rd•eWM ______________________________ YORK FEDERAL ,or, ea,nl shoo,, •n ! ru,lam. ____ ---- - - ESTATE-OF-NORMAN H _SMACK _________________________ -------------------------------------------- -------------------------------------------- -------------------------------------------- -------------------------------------------- 2 Add the amounts online 1 ............................................................ 3 Excludable Interest on series EE and I U.S. savings bonds issued after 1989 from Form 8815, line 14. You Must attach Form 8815 ........................................ Part 11 Ordinary 5 List name of payer. Include only ordinary dividends. It you received any capital gain Dividends distributions, see the Instructions for Form 1040, line 13 ..... ?_ _ _ _ _ _ _ _ _ _ _ _ _. AT&T CORP------------------------------------ P_E - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (See instructions INC LUCENT TECH for Form 1040, _______________________________, - - line Be.) PP&L INC ------------------------------------ VANGUARD _ EQUITY INCOME FUND ____________________. VANGUARD - ASSET ALLOCATION FUND ------------------ ----- ,.,.n•d.F«m ----??-------------- ESTATE OF NORMAN M SMACK ----------------------- u99euV.« -------------------- •.b.bbu sb,•m«n ---------------------- him a bNar•9• --------------------- a.m, MI M Mmt ------------------------------ n.ma•.Mcarat ------------- •na oea, M ;ninon .Wands wwn «r ------------------------------------------- ; n am. ------------------------------------------- ------------------------------------------- ------------------------------------------- ------------------------------------------- --------------------- ---------------------- ------------------------------------------- ------------------------------------------- ------------------------------------------- ------------------------------------------- 6 Add tie ;mounts on line 5. Enter the total here and c n Farm 1040, line 9 ............... . Part III Foreign Accounts and Trusts (See instructions.) You must complete this part it you (a) had over $400 of Interest or ordinary dividends; (b) had a foreign account; or I Yes I No (c) received a distribution from, or were a grantor of, or a transferor to, a foreign trust. 78 At any time during 1999, did you have an Interest in or a signature or other authority over a financial account in a lorell co?nVy such as a bank account, securities account, or other financial account? See instructions for exceptions and Tiling requirements for Form TD F 90.22.1 ............................................. b If 'yes; enter the name of the foreign country . . did you receive a distribution from, or were you the grantor of, or transferor to, a foreign trust? nay have to file Form 3520. See instructions ...... .... ........ .... . BAA For Paperwork Reduction Act Notice, see Form 1040 Instructions. rDIA0401 10117199 Schedule 0 ENCK VS. ENCK NO. 95 - 6316 CIVIL NOTES OF TESTIMONY OF WIFE AT HEARING ON SEPTEMBER 28, 2000 Wife testified on direct on the alimony claim, the parties previously, during day, having resolved the outstanding issues with respect to tangible personal property. Wife testified that she is 52 years of age and is currently residing at 3071 White Ash Trail, Orlando, Florida, where she lives with one of the sons of the marriage. The parties were married on October 7,1968. At the time that the parties were married wife was in college and as a result of the marriage dropped out. Husband continued his education as HACC and received an associates degree. Both parties were going to Athens College in Alabama. Wife worked in retail at J.C. Penney and in the credit department of Montgomery Ward and subsequently at the Sears store in Carlisle. She did, however, stopped working five months during her pregnancy with the first child and then did not work while the children were growing up except for extra money at Christmas. She returned to work in November of 1985 when the youngest child was five and worked nights and weekends. Wife testified that husband wanted her to stay home with the children while they were young but he did not help with the children very much. Wife indicated that husband was often not sober and when drinking he was physically abusive. She also indicated that he was always verbally abusive and that the reason she didn't leave him was because she loved him. Further she stated that she did not know where she would have gone and she was not feeling secure. Finally, part of her feelings were affected by the fact that she was Roman Catholic. When wife worked at the Sears outlet in Carlisle she worked daylight, 20 to 25 hours a week for 8 years. From August 1994 until February 1995 she worked at the Army War College doing childcare. She indicated that she did not like that work and then got her CDL license and went to work for Roher Bus driving school buses. ` Wife described the marital home as a "big beautiful house". She indicated that husband did provide all the necessities for the household. In 1995 wife filed for divorce. Husband had an affair with a high school friend and with his son's girlfriend. Wife did not leave the house and husband would not leave the house and he kept bills current. Wife continued to hope that the marriage would work out. Finally wife left in July 1997 because she had no means of getting any support as long as she resided in the household while husband was paying all of the household bills. Wife indicated that her emotional state as "horrible"; that she would still like to have reconciliation and that she talked to husband about getting back together. Based on wife's interpretation of a conversation that she had with husband, she returned to Pennsylvania in August 2000 to try to work out the marital relationship. However, her expectations were not fulfilled and husband indicated that he had no intention of wanted to return to the marriage. Currently wife is not working although she could return to her employment with _Roher Bus. She would be employed 25 hours per week and making around $11.00 per hour. During the summer months she would be getting unemployment compensation although no other benefits were provided on the job. Wife indicated that she has no vision for the future and moved to Florida because that is where her family is although she is not receiving any support from the family other than from her son who lives in Orlando. Wife stated that she does not like leaning on the son. She needs to determine whether she wants pursue employment in Florida driving a school bus for the county, which joy would provide benefits, or whether she wants to return to the job at Roher and to resume a residency in Pennsylvania. Wife receives spousal support in the amount of $1,500.00 per month. There is also an issue as to her interest in the estate of her father who passed away about a year and half ago. She is the beneficiary with five siblings. The status of the estate is uncertain and the Master has asked wife to make an effort to determine what is going on with respect to the settlement of the estate. The estate has apparently been valued in excess of two million dollars although there are some claims against the estate and obviously an estate tax or inherit tax will have to be paid before a net amount is realized for the beneficiaries. The Master, in addition to finding out information about the estate, directed wife to file an income and expense statement. The Master also encouraged wife to make a decision about where she intends to live and to seek employment in that place. The Master also suggested to wife that she obtain some counseling to try to help her adjust to the final conclusion of the marital relationship. The Master also asked both parties to provide information regarding cost to wife of medical insurance coverage upon the entry of a divorce decree. The Master's impression is that wife's emotionally state is very much impaired by the resulting separation and perhaps false hopes of reconciliation. She indicated that she has never lived alone. Obviously she has never had the responsibility of taking care of herself totally. The breakup of the marriage has been extremely difficult to wife and her emotional state, as noted, is impaired. Hopefully with counseling and final resolution of the divorce issues she will be able to find some closure with respect to her current problems. The case is going to resume for additional testimony to take husband's testimony on income and expenses. The Master's inclination, based on the knowledge that he has before him, currently is to award wife indefinite alimony. The amount of the alimony will depend on the incomes of the parties, wife's need and the cost to her of medical insurance coverage. The Master will make his final determination regarding the amount of alimony following husband's testimony. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN ENCK Plaintiff' NO. 95-6316 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE W. EUGENE ENCK Defendant ?'Pof INVENTORY OF W. EUGENE ENCK Defendant, W. Eugene Erick, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant, W. Eugene Enck, verifies that the statements made in this inventory are true and correct. Defendant, W. Eugene Enck understands that false statements herein are made subject to the penalties of 19 Pa.C.S. Section 4909 relating to unworn falsification to authorities. W. G M E1 D fen t ASSETS AND LIABILITIES OF PARTIES Defendant marks of the list below those items applicable to the case at bar and itemizes the assets on the following pages: (x) 1. Real Property (x) 2. Motor vehicles (x) 3. Stocks, bonds, securities, and options (x) 4. Certificates of deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts (x) 9. Life insurance policies (face & cash surrender values, and beneficiaries) () 10. Annuities (x) 11. Gifts (x) 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Business () 16. Employment termination benefits () 17. Profit sharing plans (x) 18. Pension plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, individual retirement accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilItaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such asset is in dispute) () 26. Other MARITAL PROPERTY And NON-MARITAL PROPERTY m i1 ? N W W m n v g "N gal ?m W 14 M 0 ?i N ?i?i?i?aSSSS Ila* il'iokig m I llu- 111 111,15 $4 f il l I p If s a ;, l O P d a r"a n a ? I N p - 9 g sa a S 0 sa aa as aa ?a es as sa s - ? w 1 ee 222 we 188 2 1 1 y 88 e 89 , w 00 i?? _ ? "l r aa' aa »a wr ? 1 3? °. e M E 4 Ji ll ? ? E EE ,?? 7 t - 2e ? YE atr iI D wry ?3 O 14 V 4N61161 fnp616d for 711462APu W.7r\ SRl L 1211 W* LAN kWV WkVk 6A 17007 PNP=d As Ob lp 21.2000 Pnp6e6 or. 167 0- ""-ShK Ul lk IA 17012 rrM.+rllu.l6.owSrl w11x?rI 1Af411?? 11 rnMr2Addmm 1271 SAtly lrr "SP6101, IA 1700? Jury 31, 2000 Dear Sirs, In accordance with your request, I have personally Inspected and appraised the property located at: 1271 Sandy Lane Boiling Springs, PA 17007 The purpose of the appraisal was to estimate the market value of the property as Improved In unencumbered fee simple We of ownership. The subject property consists of 9 Rooms 5 Bedrooms 2.5 Baths The single family detached two story style residence contains 2702 square feet of gross living area above grade. It Is my opinion that the estimated market value of the property as of July 21, 2000 Is $190,000.00. Respectfully submitted, Do R Heineman C"M ROW W" AWMV All MORT"= iminvi i cDffgR on A"? WIF Li AMi6 W iiai° 1414 N/p ACTIVITY STATEMENT 1.?"u"o?OU?111111noa K1 W IMI SAX AIM??? r 117 ///A 00fM YNNO/ ?A?17007-9647 ImIIL111Lx1AaAx1LI nlL.. 611...11M1104111ml11 LOAN MAIILIC 000111/1/1 CUW,V f WUMgT IIAT4 •11400 ¦ YW mvv r Us MIAM CALL W A11100•a11.1111 041111 PAM MAe10N 11 151.117-0700 1lfAM IMMINAL 1141 All CM/101lRILTA 7M1011NA0101a7TW*CCM rev yOw monad me .eey WMMI The /rlM /M 1144.. M /al aM AA Mw M aM M "homes FI 1wh., WOYO AWAY a M IIM motet A e1W Me Y We M M M M MW W eeaee••Irl W 1-171-PAY-IAfO WO* We U Ava A We. Y M • rry11 Y ow,4 /eK M /.v W M M r holwe MM nF of N wwN1 Ir • 1eW1A IM r.v M M eW M W IM aenM/ nerMlp PINIixA M 111e. M N /err Ile feeN IM N M YM rpl/Me M MI all CreYn Oa.FO ~ ow T." lxaewe M •A.ew.MK PdW look . Avdombo rymal Plee Aver1MF1 W Y wyi/w Yev P11wae hwn Iav ok: yra r 1411x1 stem " alw Kv IMhour a. - N MMM CM M MM Wei /stele. CeMr M N Met stet. w InaeeY m r..awe lerw _ •,.r we .wwe .? ar. -..-. Wy MM eMFO who YM M M F 11 We w"WN WA tea nryne. So antsy A, /el Na YN M eats F n 14 1WG a M. 7 Mae a wets. M1 Iwt w1. N eAMYYIt Cats M eM 904 W Ar A ovr ww r""r' w ww r e R p r eKw el/O0 14/00 1MW 71 ,TI $W." OaM u 111 u 0 7 14.00 : A W µ1 1 . NZ ?tltl f 0.. .e 114 00 NO ) O 0 Mn'M 14.00 MYM .r seW.M 1 u 14.00 A ?00im all 114414:011 1 a d w un Via "in u.tl1.01 M TM Se ML 0.00 Yn I=T Pu0 $2. M.e1 Tn TaAf PA ru 4411.441 Yn an alcohols I.M COWI TON OF TWAYU MMNTN1"nON xMN11M AM OMIT WIOWAT10N F Well M .11T ln. A.Aehoa 101 nryy. IepaN IW YYe all cauNa rye. M hoerN M.rxae srctO am IeYM M IeY IYNM1 ryv IKY eKrlMr Mew ISfN w NyNw MaKIKNKII Meer (its M YF Al M how" nw11 WM lee ll e N N Nnere e s r A, Mre shoal NMbee ears n1 M I~le W Me Ha 11 N e el Well, f IM Fie MIea M ONew ffWTM Y eWo, K ele. ro el )steer. N .0 chr? smol Wd. pishoo Flrlroan 1W hn old N 1104.,4 n. tarn F M ".10m p Metre Wn1 Hex, p M .ael rr.. M erllie ow M code", I.Y11 e, VImel e.A M N 9ec1IN apMae F M whew of M My1 A.1.ee NIW: N [MCI OI 110. Mumoll 0004411111 11.110,41.1 IIM IIM: 110•30.1010 collect sssN/IIM: [o•bno,4 r'1 ?IN/t IN: 100.00.7401 Cnlect ssN111x1 hnlat Photo Meal40: 1IIge1.9016 Collett thole Matlel _ -- ,-- ---- Oche, rho., Me.sol: III411.1/10 Collect r1Me N.Wol twit A1r1401: (.,I'll Emil A411111s b1teMW signalul: 01114 b•sollmos slPeluo: Duel Lawrence Chevrolet. Oldsmobile 4..bbex&va S. 7-l, ? ??O Seed 0-14e14ree 0&401?? Alu "& :501 wr6 OF 500 dal*A-6 hub /coo d011*1:5, -F` x eb r??to?e?-e r/o?ye .4 /?I?ic- ???e o7G ?es?Dec?/?y 6445 Carli%lc Pike, Mechanicsburg. PA 17035 • (717) 766.0284 • (800) 427-1505 • FAX (717) 766.8398 Lawrrnce Chevrolet- Oldsmobile A"f 6r 6, /V?a Cler?roo.er- eoivelle, okM1,60 19y W .Er.pwe -•r?K oT-,Qo,'/.',tea-Sp•;?•?s? A4 hbs g? 11,010rri4AO72E io d4/ae osC//~lc?la?/ . 7%e- relic. r/.¢?ue r'S .¢?io/oXiA. ?r /S r i/mss. D 7-te, 199 Fiq/E,?,Alo?ed o?,rred ,9y ul, .5 EuGQ,v+z c? 4r l?iu r/G- ?Dliir/lr5? P,4 1,4,4 A.1l,¢/??iaXi. .Qrc -1419fe v.?tcue o? 2 300 SCb 4boll*e5. t ,web. 6445 Carlisle Pike. Mechanicsburg. PA 17055 • (717) 766.0284 • (800) 4274505 • FAX (717) 766.8398 1614 W TM IIwM 11w?{w, ?ir..,r?uima'n ? . w4j: mom OWN MW ... •- pp June 22, 2000 Mr. W Eugene Enck Jr 1271 Sandy Lane Bolling Springs, PA 17007 Dear Mr. Enck: This Is In response to a request for PPL employment information from Taylor P Andrews, Esquire on June 12, 2000. Your accrued monthly retirement benefit (straight life) was $1,550.09 on January 1, 1998. Your accrued monthly retirement benefit as of June 21, 2000 was $1,870.71. Your balance In the Employee Savings Plan (401K) was $94,859.99 on January 1, 1998. Your balance was $171,585.84 on June 21, 2000. There were no withdrawals In 1999 or to date in 2000. You had 1455.289 shares In the Employee Stock Ownership Plan (ESOP) on January 1. 1998, and the price per share was $23.9376. On June 13, 2000, you had 1882.039 shares and the price per share was $23.75. No withdrawals have been made from this account. Please contact me at (510) 774.1950 If you have any further questions. Sincerely, 4LA 1460W4 Diana Parsons Specialist-Employee Benefits hi" WNwaUgdroWxk, .dM PENSION APPRAISERS INe. P.O. Box 43% • Allenlown. PA 181054396 1-800.4474)084 • Fax 610.770.9342 li-MAIL: penapptl wnxlonappralsers com 11'W1Yt hlipolwww.petulanapprahtemoom July 8, 2000 Taylor P. Andrews, Esq. 78 West Pomfret Street Carlisle, Pennsylvania 17013 RE: Present Value of W. Eugene Erick, Jr.'s Defined Pension Benefit File No. 07.03.00.005.18288 Dear Attorney Andrews: We have determined the present value of W. Eugene Enck, Jr.'s defined pension benefit by the PBGC Actuarial and Mortally Table Method as of July 6, 2000 to be $86,140.43. This valuation was developed and prepared in conformity with the requirements of the Actuarial Standards of Practice No. 34. These Standards were developed by the Pension Committee of the Actuarial Standards Board of the American Academy of Actuaries. The purpose Is to set standards for Members and Other Persons Interested In Actuarial Practice Concerning Retirement Plan Benefits In Domestic Relations Actions. BIRTH DATE: August 23, 1944 SEX: Mate MARRIAGE DATE: October 7, 1968 VALUATION DATE: July e, 2000 PENSION PLAN: PPBL Retirement Plan DATE EMPLOYMENT STARTED: July 30, 1974 (Assumed date pension holder began participation In the plan) DATE BENEFITS STOPPED ACCRUING: January 1, 1998 (Assumed date pension holder ended participation in the plan) ASSUMED DATE MARRIAGE ENDED: January 1, 1998 AGE WHEN BENEFITS COMMENCE: 65 Years 'Valuators of Defined Pension Benefits for Equitable Distribution' PBGC Actuarial and Mortality Tables Method July 6, 2000 W. Eugene hnck, Jr. • N 07-03-00-005.18268 Page 2 MORTALITY TABLES AND INTEREST RATES: Mortality Tables (1983 Group Annuity Mortality Tables), Interest Rates and Factors used by the Pension Benefit Guaranty Corporation to determine the present value of annuities for single- employer plans. INTEREST RATE ASSUMPTIONS: Table II • Annuity Rates Rates: t1 a 7,40 %,12 = 6.25 % and 13 = 6.25 % ASSUMED MONTHLY BENEFIT: $1,550.09 Monthly pension benefit the pension holder would receive at retirement age with a fully vested pension based upon compensation and plan provisions as of January 1, 1998. REDUCTION FOR NON-VESTING: 1,0000 Represents a reduction for the probability of service to 100 percent vesting as equal to the portion already completed. REDUCTION FOR MARITAL COVERTURE FRACTION: 1.0000 Represents that portion of the value of the benefits attributable to the marriage. The numerator of the fraction represents the total period of time the pension holder participated In the plan during the marriage and the denominator Is the total period the pension holder partipated in the benefits program. PRESENT VALUE BEFORE REDUCTIONS: $86,140.43 Reduction for Non-vesting: x 1.0000 Reduction for Marital Covenure: x 1.0000 VALUATION FOR EQUITABLE DISTRIBUTION: $86,140.43 ¦- 1 PPS PP&L, Inc. PP&L SAVINGS PLAN Savings Statement April I, 2000 • June 30, Mild Social Security Number: 176.31.9919 eBWNFXSJ ENVOOP0316W OP 90033 A W EUGENE ENCK JR qC Cuslomer Service Center 1.800.635.5092 1271 SANDY LANE To make charges to your account or for gwglons about BOILING SPRINGS, PA 17007 this steremerd, call the lol-het cuslonNr service nmW r Rpresema6ws are available 6:30 AM • 8:00 PM M-F. Your Account Summary Your Asset Allocation Beginnkg Balance $176,409.50 Charge In Market Value •6,151.84 Ending Balance $167,957.60 Additional Information ? Vested Balance $167,957.66 4 Dividend 6 Interest $476.19 Your Personal ate of Return This Period -4,6% Year to Date 4.2% Your Personal Ftds of Mann Is calculated with to fwxs? elpNed bmojW a kmx4 w1AYy used by rwtcW arWyslt b calculate eo k"wir onteerNrps of • poroob. 6 (sleds eo resins M your Irmes"unt Wwlons Ywel as any a" in M account There an oew Parsons! Mla of Return kenarlas used eW My yield drlerw9 result. RenlerroersrY past Perkrrrreroe isroguranoe of future results. Stocks 66% Bonds 12% Your account is currently allocaled amag the asset classes bape6 e. Percentages and totals my not be exact due The Additional Fund Information section Isis the allocation of your blended funds. Market Value of Your Account Arke on Market stw* Investments 6137,163.06 $128,907.30 FdeKy Growth Cc 813.267 843287 $98.99 $90.89 83.476.96 78,646.36 Spartan US Eq Index 1,010.657 1,013.398 $53.12 $51.57 53,686.10 62,260.94 Blended Fund Investments' $31 A28A3 $31,520.39 Fidelry Balanced 2,042.90.7 2,057.467 $15.58 $15.32 31,828.43 31,520.39 Bond lnvesumnta $7,417.99 $7,529.97 Blended W. Rate 7,417.990 7,529.970 $1.00 $1.00 7,417.99 7,529.97 PMass reed Ns tlatemenl careluly My Mror mull be npwW b Fibpy IWNMaMa wod 190 days. 31606 OP031608 0001 20000711 OP49 176348949 Page 1 of 5 PPAL. had. 51alsmsM Paled. 06101/200 to 067902000 PP0. SAVINGS PLAN Social Fascmdy Number. 176.96.6649 Additional Fund Information Use 916 sscdat to dsWmkr IM 44601 "WARM 01 Yad Mwtdsd nmbmnli 40% 0% BlwAW nwskw s mum nvut n me 9rrt ona asset d445 The blended I1v061msM asset elarr60n'0015 Illegal Ow stated Most MI 0.9roI available. M use Ms mpMed by MOmkpstu, Inc. to m kW funds a by Mw66n6M MWISPn IN rannukld ka106 Fund Performance A 6artlYy at Mevinanl penamuasd no Iudsaralsb4 nM plan FIW6ywawnnilm kOdwMnuMn6M InevishreginfilliffCods) Crnubave% I 16bnn Yr9 Anwdrelm ANrdn% I I/e/ 1Bad 164! Ave, AnnudrWl=%44.1667020001 IY 2Y. IM, L%r seem, One 9bak6 Dray FnA6 Omwlh F(097921 •1206 094 7007 2504 2669 2077 21.77 5 2406 7620 19.66 2771 WA 21 22 040II19W 0111711963 FWAIJ 0mvdh Cc (000251- ate 906 7964 x727 1691 6791 961 780 2216 2060 18 49 . 2220 0500211663 11"'y Mag"M(00021) 0496 070 475 2605 4289 7763 1284 2650 10 92 2595 1764 16.18 . 9.68 17.50 12,0411964 FF11ddes56?tyy Ownut(00094) MASVslw Admwr(09040) .526 447 4.19 474 0.11 . 2299 •17.78 •141 979 17.22 7 14.17 17 65 07117119% 02/1711998 8prun U9 E9 Index (00650) ' •2.65 047 2066 . 28.48 7704 7.12 1945 642 2766 10 60 1 10 9 78 , 63 15 100511982 TalnpNbn Faslpn A(095001 057 •506 79.21 -469 665 767 . . . Mukot Indic". 7000OrewdlhNas flusud 42 3393 3502 2674 2 67 2743 1949 0 7 WA WA &P 500 S .266 -0 104 2 2858 7776 725 19 2700 1 .6 DMndsd Funds Rd Asset Manager (011314) .051 789 1760 1609 22.27 11.64 1462 1554 1789 17.65 1002001998 1 91 Fk1 Asset Mgr 0mwth 003211 •1.74 086 17.97 BOB ! 26,46 7.74 657 14.64 Gig 17.75 022 WA WA 1547 1270 19 fld Aust Mgt OWw mmn 61 Fidwtyry BalataW (0030410]011' ' -0.97 121 see 0 32 2 .22 1241 2745 -0.12 1724 1771 12.19 1971 1 XW1966 bdmaas at 963 days An 6lns~tn•merry mwku hMd W nwrsda pumwuW by Ow FDICaany pwartvrwnl NOWY Aw"hnannymuketAnds6091,a =mp Mvansofyoumv*smwldalslooparshwa.dapmstb4wbunarybynvos*VnMskW Fa Fk1sUyRWamsM OaamWit Alpry kW WI Palma. M 7 day pmd W dw pubd ondnp Jar 30, 2000 is 6 16% &G. bwk 16105 And NOW krdaasW Ruu*N 300DG wthh we mw mdmbn Mnance of Imo 1800dwhn ft ? Nas1s w2000 in Orowdt ? pmwdt stocks 91608 OP031608 0001 20000711 OP4N 176348649 Page 3 015 Satr16 66 645 WA MA 04WI912 Mendsd W. RAW 151 304 &59 666 6.45 665 6 vaovt5o"ly ?7^^^) 146 772 •109 614 905 7.96 665 585 6.12 006 IWMI"6 Me 164055' LBA99Smrdndsa 1.74 799 062 869 965 4.57 604 625 7.62 WA Rat OIMMMi0063I) 1.47 266 491 670 6.70 547 528 6.71 497 664 IXQ11998 74)64 YISMt 116% IL I 1 PPBL, Ind. Statement Period: 04191!2989 to OWW2000 PPBL SAVINGS PLAN Social Security Number: 170.31.8849 Your Statement Glossary Ylrr, You Ntol.ia.la °w9 Naluof Curtakladve rated Rodurn nkrAw"basyounbwsarm swkul prbmwn Own certain pwbdol6nu. AbW returnb esPMU$d N¦PWCWAW and Tess you how muds money you be" samd or bet an an Nwserunt over Nu, ass11nN9 that Y dddrds end copaai phs w naseded. BAddwds Laetd.ratwlmuy paidb aiuretobrs N M knesarwa optional your yon. NckudNp mukrl knds ordcanp.ryI Mock R IW0 tut cams komM Nwsknnl Naar tW Mhndhas caned DopWnp onM aof your plc,&Adrdt an company$Wk my be femoaded his your retirement account or paid b you h cash. A4rkatValm Maker Value is M coast V Wr of M investments N your eccant. You can calculate M corkst vane by uMV M lolbslrq IsrrnN: l/rka Value w MaM-,I at swum in your accorm t Price Der there of M hand Shams Owes we your units of ownership of each Nwsennl N you account Sham The Value d one Price a 6bmirrd by Wkg do bbl rWe at the rlno wnbwut option ni plwn _ day inveommi In your and dNdkp it by Mnanir dW shawhars res outstanding. k Vss Wsagxf*Ws b yw owl d owraip N cwvmy ow&&Abnscad wy usodlmbd"rntigs. kNun M ampany uuuiWUbs morry b olptwL mwatwaysswfdoddbklW%olyw=W?lmwWmyauodrtleunYpe you have WYWMwetkq requirements Some special information about other sections In your account statement Asset Allocation arras Nwuu can be dabod into even mAW uses classes: Stodu. Bads6 and Own Trm Nwabunts. 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DeposliStatement February 13, 1998 to March 13,1998 Pap I of2 PO BOX 3 NEW KINOSTOWN PA 170724003 Number orlitatemnd Boclosum: 14 For Information rosuding this uatemem, call: 711.7664765 ACCOUNT INFORMATION. PLB? COMINUfiTO Lt31 US KNOW HOWIWECAN UE1TUt ReyClasalclnterestCheckln¢,, AccountTltle Wilbur 2Buck JR' Account Number 1334298 - ap,.p LAW" - urtr.,.t, aw.r awa„r W?,r M.1.. Aww,? M.rs A. M rrI Irw+ S 1886.74 S 11117,785.00 1-; 22 513,52730 S3.00 1 S3.811 S 6,145.25 Deposit Transactions Dote Aatoaat Description. -V *2 0 p022•26 ' 2268,8664` SPRIF PAPO??WBRREIOIiTNBTPAY 2226 012 1 14 ,POSIT PAPOWBR&LICHTN13TPAY 21236 Checks Dote Amount: Number Date Amount Number 02-j 1..S , s°3 o 0 i ? 2°1 0 1 •zx 2 08 20 . o 9 f 2 . 30 e 2 77 0 9 22 78 j 213 -04 03 72 0 3 . M r.,bt (7 w,w, . tnr w rYr M. w...?..?.. Dote. :.Ankodut Number 03 0 395 1 1 2 2 9 01-1 2 e 00 i • Rnanclal Trust ? Arglam CaW.myBd\ Clatonwr. Mew R Bnck JR Primuy Acmnt Number. 1334298 raptor] Other Withdrawal *0, A A w JknwA 11' A AJbW F"''A 1 A l 0I ??AMAq?f?TlU R P IIILL PA Dally Balances I1ateDoatr ?:`.' Atooaat notes „ ;'AWUlint of 11:11 9 03 - I• -I E awn APY i Other Information 3 .421: 1 Wr .G,) j !!?l?t9fr 0209 f KAREN ENCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ; CIVIL ACTION - LAW W. EUGENE ENCK, : NO. 95-6316 CIVIL TERM Defendant : IN DIVORCE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this JL day of June, 1999, I, Taylor P. Andrews, Esquire, attorney for W. Eugene Enck, Defendant in the above-captioned action, hereby swear that I have served a true copy of the Notice Affidavit Under Section 3301(d) of the Divorce Code and Counter Affidavit executed by the Defendant in the above-captioned matter, upon the Plaintiff at her residence at 1271 Sandy Lane, Boiling Springs, PA 17007 and upon the Plaintiffs counsel of record, Robert L. O'Brien, Esquire, 17 South Street, Carlisle, PA 17013 by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt. A copy of the return receipt cards signed by the Plaintiff on June 11, 1999, and signed by Plaintiff's counsel of record on June 4, 1999 indicating service was effected, are marked Exhibit "A", attached hereto and made a part hereof. ANDREWS & JOHNSON By: Andrews for Plaintiff Sworn and subscribed to before me this /S day of June, 1999. NOTARIAL SEAL SLLY SEXTON, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND COUI MY COMMISSION EXPIRES APRIL 20. Z IemOer, Pennsylyenle AelOCIVIOO Of NO S SENDER: .C.mpIM¦ Wm. answ 2 kt.ddlbrW wMO¦¦, d 40. also s 10 cCs(fo wish do ft se (Vkaa (for an N ee i ? ¦Cpnp¦b r .P,Mt YO,¦ and aedwumew rwru MeaabmwtlW INS Dare M,In NO @Xtra exba f M): card io, oats, y¦b M m. ID ar Mots of #0 m¦Mp.o¦. or on the err M pace sow not 1. C3 Addres"Wit Address : . ¦r. . wn¦ru r,ar marp e,?n t?o,Ngg ' • 2.17 ReeMctedOMlwry , . d RwRal ¦W r" caw w2JI u a.wr.e areWa the W¦ Dais wp .u snmow I* b e carom e, . n. dasvwaa Consult posbaastsr for 1 I. 3. Article Addressed to: 4s. Article IN xM*r ?o)aert G?B?;C'a1l ?s? 41I.Servlce Type 1'1 WGr ? l? S?YtG't 0 Registered KCsNlw d , O Express Mal 17 Insure C? ?, S l-c PR 17 rz, irlisturn Iiecep for Mrdsndw C1 COD 7. Date of Delive a. Ned By: (PrM( Nara) 8. Addresses's More (OMy If requested and lee Is paid) 8. Signs re: (Addressee Agent) X Fr?t?. J hem 4 PS Form 3811, December 1994 102W5 Or ea,n meat c etum ace pt ;a SENDER: .Cm p M¦ Um t wNr s for aOeerW w*". •CmpM. f Wn 3.49, aM 41). I also vAeb to receive it* foftMng services (for an ¦N,6s your rwn.ne.arw. on er,.w¦¦ MWa brm w eW yn cen MUm We d extra fee): .r ?u. III .AtlaM,rra¦bm,btlr honlMtlr nWlpl¦w.ormtM Gtke paw EOw not 1. Addfese69Y Address ¦ 'AAM R.a.p Rapuara0'm er m¦Ipl¦ce brow ft aAW rxre.r. 2.0 Restricted Del ry • RMf•n A¦OMN wVl Mawto y4,an er W W was dahwW W 1M AMa Cansullpwhnsssrforf If. .r 3. s Addressed to: 4a. Article Number M ?GIVGn L~^c-K 'Z 3 'O (ON-1k rd4 Lane 4b. Service Type O Registered R(Certlled r? '(A Y`S f ?? I?S,S , 0 Express Mail O Insured ILRstuoi Recei t for Merclsndse 0 COD r p J 1 U U'? 7. Date of Delivery 6-11 -q9 8. R ed By. (Pdgt 8. Addressee's Address (OrNy g regveafsd Y..) and fee Is paid) 8. : (Addreseso or q O'115T.an11IllF, nnmeuc a 1etrl? ecfnl t'j22 , nnr ru u rru, 'lit l Exhibit A LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET OF COUNSEL JAMES D. FLOWER CARLISLE, PENNSYLVANIA 17013 JOHN L SLIKE TELEPHONE: (717) 2436222. FACSIMILE: (717) 243.6486 ALBERT H. MASLAND ROBERT C. SAIDIS EMAIL: eltomey4pw0•lew.COm 1N cHORR OFFICE GEOFFREY S. SHUFF 2109 MARKET STREET JAMES D. FLOWER, JR. CAMP HILL, PA 17011 CAROL J. LINDSAY TELEPHONH: (717)737.3405 JOHNNA J. KOPECKY FACSIMILE (717)737.3407 KARL M. LEDEBOHM JOSEPH L HITCHINGS REPIA TO CARLISLE THOMAS E. FLOWER October 25, 2000 Mr. E. Robert Elicker, II 9 North Hanover Street Carlisle, PA 17013 Dear Mr. cker This will confirm our recent conversation where you agreed to participate in the Breakout Session concerning Family Law at the upcoming Bench Bar Conference. The conference is currently scheduled for April 4, 2001. As the time approaches, I will provide you the appropriate documentation for our Breakout Session. I appreciate your cooperation and thank you in advance. Very truly yours, SAIDIS, GIWFF, FLOWER & LINDSAY obert C. Saidis RCS/Pm f ? l rC?? • u' N i•? rn ANDREWS & JOHNSON Attorneys at Law 78 W, Pomfret Street Carlisle, PA 17013-3216 TAYLOR P. ANDREWS RONALD E. JOHNSON December 2, 1999 Robert E. Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Enck vs. Enck Dear Mr. Elicker: Telephone (717) 243-0123 Telefax (717) 243-W61 I return a Certification with regard to discovery in the above referenced case. A spreadsheet itemizing marital and non-marital property with supporting records has been provided to Plaintiffs counsel. Sincerely, Andrews TPA:ss Enclosure cc: Barbara J. Patton, Esquire W. Eugene Enck, Jr. r OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 E. Robert Ellaker, II West Shore Divorce Master 697.0371 Ext. 6535 Traci Jo Colyer Office Manager/Reporter August 91 2000 Barbara J. Patton Attorney at Law 126 Locust Street Harrisburg, PA 17101 Taylor P. Andrews, Esquire ANDREWS & JOHNSON 78 West Pomfret Street Carlisle, PA 17013 RE: Karen Enck vs. W. Eugene Enck No. 95 - 6316 Civil In Divorce Dear Ms. Patton and Mr. Andrews: Enclosed is a draft of the agreement which you put on the record on August 8, 2000. Please review the draft for any corrections with the understanding that no substantive changes can be made. When you have reviewed the draft give us a call and let us know if you want us to send the original to the Plaintiff's attorney for signature who then can transmit the original to the Defendant's attorney for signature. If the alimony claim remains unresolved, we will go forward with the hearing September 28, 2000. Thank you for your continuing cooperation in bringing this matter to settlement. Very truly yours, E. Robert Elicker, II Divorce Master KAREN ENCK, I IN THE COURT OF COMMON PLEAS OF Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA s s NO. 95 - 6316 vs. s s CIVIL ACTION - LAW W. EUGENE ENCK, s Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Karen Enck Plaintiff Barbara J. Patton Counsel for Plaintiff W. Eugene Enck , Defendant Taylor P. Andrews Counsel for Defendant You are directed to appear for a hearing to take testimony*on the outstanding issues in the above captioned divorce proceedings at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 8th day of. June 02000, at 9:00_ a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By , President Judge Date of Order and Notice: 12/16/99 By: Divorce Master 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, PA 17013 TELEPHONE (717) 249-3166 * TESTIMONY WILL BE LIMITED TO THE ISSUE OF THE DATE OF SEPARATION OF THE PARTIES. KAREN ENCK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. W. EUGENE ENCK, Defendant CIVIL ACTION - LAW NO. 95 - 6316 Civil : IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Barbara J. Patton Counsel for Plaintiff Karen Enck , Plaintiff Taylor P. Andrews , Counsel for Defendant W. Eugene Enck , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 8th day of August, 2000, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II June 81 2000 Divorce Master ¦- LAW OFFICE OF BARBARA J. PATTON 1 26 LOCUST STREET Hu+wseurro, PA 17101 71*7 ' 7.GU ^ U % S _ (717) 260-0545 1G FAX: 17171 362-0903 71 -1 ^ 3<z- o q 3 December 8, 1999 Robert E. Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Enck v. Erick Dear Mr. Elicker. I am sorry for the delay in getting the enclosed certification back to you. 1 had a baby shortly after receiving them, and 1 am only now getting caught up. You will note from my response that there is a dispute as to the date of final separation of the parties. The Defendant contends that they separated when the divorce complaint was filed in 1995. My client will contend, and prove, that they did not separate until February of this year. Obviously, that issue must be resolved before we can proceed with a hearing on Equitable Distribution. Sincerely, Barbara J. Pa n Cc: Taylor P. Andrews, Esquire Karen Erick ¦ E. KAREN ENCK, s IN THE COURT OF COMMON PLEAS OF Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA s NO. 95 - 6316 vs. s CIVIL ACTION - LAW W. EUGENE ENCK, Defendant IN DIVORCE >z ORDER AND NOTICE SETTING HEARING r TO: Karen Enck Plaintiff Barbara J. Patton Counsel for Plaintiff W. Eugene Enck Defendant Taylor P. Andrews Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 17th day of November , 2001 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. Date of Order and Notice: 10/11/00 By t e C rt, I Hoff f r, President Judge E . By: Divorce Master 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, PA 17013 TELEPHONE (717) 249-3166 NANCY ENCK, s IN THE COURT OF COMMON PLEAS OF Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA s s NO. 95 - 6316 vs. s i CIVIL ACTION - LAW W. EUGENE ENCK, s Defendant s IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Nancy Enck Barbara J. Patton Plaintiff Counsel for Plaintiff W. Eugene Enck Taylor P. Andrews Defendant Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 28th day of September , 2000 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By_ t1 se, C4lsrt, E. Hoffdr, President Judge Date of Order and Notice: 6/8/00 By: Divorce Master 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, PA 17013 TELEPHONE (717) 249-3166 KAREN ENCK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 95 - 6316 CIVIL W. EUGENE ENCK, DEFENDANT IN DIVORCE TO: Barbara J. Patton , Attorney for Plaintiff Taylor P. Andrews Attorney for Defendant DATE: Friday, November 5, 1999 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 1. The inventory of marital and non-marital property must be updated to current values 2. An appraisal for the marital real estate should be obtained. 3. An appraisal of Defendant's retirement benefit at PP&L should be obtained. A set of interrogatories from PLaintiff to Defendant is outstadding, but will be answered within 30 days. .r (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. As fhdicated above, Answer to Interrogatories will be provided within 30 days. Appraisals for the real estate and Defendant's pension should be obtainable within 30 days as wall. (? Z, ?F c DATE COUNPtIL FOR PLAINTIFF ( j COU S L FOR DEFENDANT (A) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. Estimated Income Statement for Karen Enck Monthly earning Capacity as per ORO 6126/99 $821.15 Income from Divorce settlement 6% of $100,000 $500.00 Income from Parents's estates 6% of $400,000 $2,000.00 Total Monthly Income [estimated] $3,321.15 ANDREWS & JOHNSON Attorneys at Law 78 W. Pomfret Street Carlisle, PA 17013.3216 TAYLOR P. ANDREWS RONALD E. JOHNSON Telephone (717) 243-0123 Telefax (717) 243-0061 September 6, 2000 Robert E. Elicker, ll, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Enck vs. Enck Dear Bob: The transcript of the Agreement which was sent around for proofing looks fine. I ask that the originals be circulated for signature. Your previous correspondence indicated that you would start with the Plaintiff, Karen Enck. TPA:ss cc: Barbara J. Patton, Esquire W. Eugene Enck, Jr. III our-ay-68 98104 rM r OOUOLMO MaK"IUMT 40Te4ee9=7 P.02 F. DOUGLAS MCKNIGHT 601 N. Myaolh stmt Macey d L. Pat Olinn Hon 3695 FWdW& W7.e6SM9 0g2 Oel.nJo, Flodd.32602 .almll. a07.a{ auWShtW.mt September 26, 2000 Taylor Andrews, Esq, 78 W. Pomfret St Carlisle, PA 17013 SENT VIA FAX 717.243.0061 Dear Mr, Andrews: Atyourrequest, Ihave reviewed the estate file of William O'Donnell, deceased, being probate case number PR 99.0001082, in the Probate Court in and for Orange County, Florida. The Petition for Administration in that file indicates real property assets in the amount of two million dollars plus sixty five thousand dollars in other assets. The Inventory and the Will in this case, as in all cases, have been sealed and can only be obtained by court order. The file does reflect that an Inventory was filed in this case in January of 2000 and, according to Florida Statute 733.604(2x1997), a copy of that inventory was furnished to all residuary beneficiaries in the estate, including the children of the decedent Likewise, under Florida Statute 733.203, a copy of the Petition for Administration indicating the 52,065,000.00 value of the estate should have been forwarded to the residual beneficiaries, including the children. I am enclosing copies of those statutes. One significant claim has been filed in the estate. That claim is for injuries of a mother and unborn child in an automobile accident allegedly caused by Mr. O'Donnell prior to his death. The claim is for over one million dollars but my understanding from the attorney representing the claimant is that Mr. O'Donnell carried automobile liability insurance in the amount of $2,500,000.00. With best regards. Very trul ours, F. Douglas McKnight, Esq. F.3. 1N7 PROBATE CODE: AOUINIiTRATN3N OF ESTATES Ch 733 n a a ro m lie A lily rR xa at aft lM Y to believes Ins writing exhibited to be the true last will of tw decedent x10 " "q 14101.1 61, d, 3M70.1 1", N n.rm MM--*4 OW"%w 1737.14 733.202 Petition.- (1) AvddUadpa6Uonforadministration Maybe(Ned by any Interestedd Porson. (2) The petition for administration 611811 contain: (d A statement of the Interest of the patiooner, the petionefs name and address, and the name and Wca Address of his or her attorney. (b) The name, lest known address, social security r tuber, and date and place of death of the decedent slid the state and county of the decodenre domicile. (c) Scfill AsIsknown, thenames andaddreuesof to bene'iclanes end the Bales of birth of any who are m'nors. (d) A statement showing venue. (e) The priority under pad III of the person whose appointment as the personal representative is sought. (f) A statement of the approximate value and future Of the Assets so the clerk can ascertain the arnount of the fling lee and the con can determine the amount Of any bond authorized by this code. (3) 1 the decedent was a noruoaident f this stale, 6epetition &hallstate whetlerdernlel0a oeeedin at pending in another state or country, it known, end, tso. the name and address of the foreign personal top- n)entatlve and the court Issuing titers. a In an intestate estate, the petition sheik ai Stale Nat after the exercise of reasonable d& 01wdlsorffthepetitionerIsawareduanyunre oked ads a cockile, why tie wills or odk:ts are not being petaled, or (b) Otherwise give the facts concerning the will or M1c1. In A (a) isolate IdentifyAM unrevokewills ? andteodicils being presentod for probate. (b) State that the w4 or cod ct or. If the petitioner aawarehof eh other unrevoked will or codicil, why the other will or addl is not being probated. (c) State that the odginal of the decedent's last will k in Ua Possession of the court Of s emlanies the ten a that an authenticated copy of a will probated ;ghee udsdion accompanies the petition. 1 1. ot4 oz d+. 742211,. s. N. 7747.1 to. Ch t2-M MICA ?'oMIN I,pi„ cam., 1. 737.13 (I wet ellasbeentiedbyanheiroradevisee er then that obate 44.4 wethpro Wded for in&&733.2123 sfor helrbe tot. O) Except as may otherwise be provided In this al;Ir notice need be given of the Petition foradminis• Or of the order granting favors when it appears .%.* Petitioner ale petitioner is entitled to preference OF appoint. IcrPreference, formal notice shall be served on all known persons qualified to act As par. sonal representative and enlillod to preference equal to or greater than the applicant, unless those entitled to prelarence waive It in wrglnnpp la.ar-/ tN741p,1 {alx.nlial A an Ir41,1 J77,4 /r•ru WAS'4ftw hm bus % 1tl11 733.201 Probate of A will written In a foreign len• gunge.- (1) mitted to pobatee unless it Is eaccccompan led by a true and om0ele English translation. (2) In Admitting establish its orrrectEng Ewill to probate. nglish translation. the the original wll is rot or cannol be filed a photographic copy or the originelwill $hall be fled. At any lime during the admin. 131ydtion any interested person may have the orrect• ness of the IranslaVon, or any pad, redetermined after formal notice to All other Hammed persons. No per. sonal representative who complies In good faftth with the English translation Of the will as may then be eslab• Ushed by the court shag thereafter be held liable as e recall of having done so. lrx7n.-1 r. m 74106 • N. /? n 671, ? 1. aw 7x•01 1114.-G4M seta brier 1.777 31 733203 Probate of notarial wlll.- of (1) When a notary angled to of a its custody In a forolpnsstala or the wi remain in lithe custody Of such notary, duly 4110e11kated by the notary, whose official pesitbn, aig• nature, and seat of o faa arc further authenticated by an American consul, vice consul, or other American Consular officer within whose )udsdktlon the notary Is a resident, is presented Io the court it may be admitted to probate If the original could have been admitted to probate in INa slate. (2) The duty authenticated copy shall be Prima fade evidence of Its purported execution and of the facts slated In the cenifieato in compliance with subsec• Von (1). (3) Any Interested person notified may oppose the probate of such notarial will or may polition for ravoca. Von of probate of such notarial wit, as In the case of original proale or a wit In this state. relaq•-+ 1.a 74ho11 un nre W4.-61YN inn lmw 1 1721? 1393 733,206 Probate of will of resident altar foreign probete.- stele Is admilled to probate in any other stale resident or country through inadvertence, error, or omission before pro• bale in this state, the will may be admitted to probate in This stale if the odglnw could have been edmitled to probate In this stale. (2) An Authenticated copy of the will, foreign prof Issued shat the be nbtl Instead of thhe oarignal Alan d letters be prima lade evidence of its execution and admission to foreign probate. (3) Any interested person may oppose the probate of the Will. or may petition for revocation of the probato 40 • ) 0 41011 sP.P-27-00 03376 PM P DOUGLns MCfeHIGMT 4070430929 fy5 11997 ROIfATECODE ADMINISTRATION OF ESTATES Ch. 737 73].602 Oenermduties.- (q A personal representative Is a fiduciary who slue observe the standards of care applicable to trust. ees ore descrbedby s. 737,302. A personal represenla• vie is under a duly to settle and distribute the estate of tle decedent in accordance with the forme at the office. dam's will and this coda as expedR)ousfy and effidently as is p1`01116anl with the best interests of the estate. A personal repressMatlve shall use the Authority con. fail upon him or her by this code, the authority In the Van , yand the aWhorlty of any order In proceedings la wexeh ha or she Is party, for the best interests of inter. $31ed Pets 9, Including creditors as well as beneficia• des. (2) A personal representative shelf not be liable for ary ad of aomirtstratlon or distribution if the act was nsboruod at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to Its terms. An older or appointment of a personal reprasenlative is eltlorsy to distrlbute apparently Intestate ascots to the lain of the decedent if, at the time of distribution, the personal represenlativo to riot aware of A proceeding lytasengng Intestacy or a procoeding questioning his or her appointment or IAness to continue, Nothing in this 6mlion atacts the duty of the personal represents. M to administer and distribute the estate in accord. M with lot rlahls of Interested person. rartrr.-9 rot ria''.ios. 7a.nreata• e7. rn ner.l. l.a n•va: lea w 71+ee • 3, A saga', s. 1001. d• a7.103. 733.603 Personal representative to proceed with- Wt court order.-A personal represema0ve shell pro. teed e96>edtiousty with the settlement and distibutlen eta docedent's estate and, except as otherwise specl- 9ed by sus code or ordered by the count shall do so tkeein adjudication, order, or diracll011 01 the court. A gnpul representative may Invoke the jurisdiction of Ms court to resolve Judidal questions concerning the "Its o• its administration. w.nY 1.0 74•1ra.9. rem. 01 er.•02 731604 Inventory.- (1)(11) Within 60 days after Issuance of letters, a ,Ixv4onal representative who is not a curator or a suc• 1,01111110i to another personal representative who has pre. ibl * discharged the duty shall file an Inventory of propern a?tlteludntl orreach lstedItem Itsestmated fait mor• ?d vdue at the date of the decedent's death. Unless [*Id ordered by the court lot good cause shown, nvonlory or amended or supplementary Is subjec! to t-apection only by the clerk of the a clerk's representative, the personal repre• "Fit torit end the Personal repraconlative's allomey. e AlDrted Initial o enino of an safe-depoit box of of* ent must be conducted In the pre eSSnce of an W Iho institution where Ito box k boated end nal representative. The Inventory of the eon. e box also must be conducted in the pres. e empbye0 and the personal representative, ham must verily the contents of the box by IOPy Of the Inventory . The personal repre• sentadve shat Zile the safe-deposit box inventory with the court with 10 days after the box is opened. (2) The personal repreeenlallve shall setio a copy of the inventory on Ihe Department of Revenue, as pro. vided In s. 199.062(4), the surviving spouse, each heir at law In an tmeslate estate, each residuary beneficiary Ina kslala estate, and any other Interested person who may request it; and the personal representative shelf file proof of such service. The Inventory shall be vedrisd by the personal repr4sentailve. (3) If the personal representative losing of any properly not Included In the original inventory, or looms teal the estimated value or description indicated in the original Inventory for any hem Is erroneous or mislaad• ing, he or she shell prepare an amended or supplemen• Icily Inventory showing the oflimalfid value of the new item at the date of the decedont'a death, or the revised estimated value or description; and the personal repre• tentative shall serve a copy of the amended or supple. menlary Inventory on each person on whom a copy of the inventory was served and shall file proof of such servlco. The amended or supplementary Inventory shall bo verified by the personal representative. (4) Upon tewritten request ofabeneficiary for any asset specifically devised to that beneficiary, a bonoli. Clary lot any easel received by first beneficiary In salts. faction of a general devils, or a residuary beneficiary of A10111914esW4at an hair at an intaelAtaw.11.1. Lvanu 9154411101 epeol tally devtaed, the personal representa• five shall promptly fundsh a written explanation of hour the Inventory value for the asset was determined. Including whether the ppaereafal representative obtained an Indepondent appraisal for that suet and from whom the aPpralsal was obtained. The personal represenla• live must notify each beneficiary a the right to request tnformadan regarding determination of the inventory value d an asset. Neither a request not the failure to request Information under this subsection affects any rights of a benefidaaryry In subsequent proceedings con. cerning any aecountlng Of the personal representative or the Propriety of any action of the personal represent. alive, M11 -1 1.v. "'1011 1 )I. ra 7H:e.1 1.0 x4127.1 a 111 "1011. 1 1. rn I$ 12 r 29.M N•W. a MO. 0-=. @ 2t o 46.41, • nom an /1.1.•'3.4 rts4. N«•.-086101 k k w«1 »903 733.605 Appralsers,-The personal reprosentaWe may employ a qualified and disinterested appraiser to asc:sl him or her in ascertaining the fait market value of any asset at the date of the decedent's death or any other date that may be appropriate, the value of which may be subject to reasonable doubt. Dillerenl persons may be employed to appreloo dAlorent kinds of assets Inc.udee in the scale. 1ae«r.-11 0141m,• F&M 71420:• eW a er.rm. N.r -e,r.ra •o+ww« a race. ro m 733.607 Possession cfestate,- (1) Except as olherwlse provided by a decedenfs will, every personal representative has a right to, and shall take possession or control of, the decedent's pnapody, except the homestead, but any teal properly or lang,ble personal properly may be fell with, o• sor• rendered lo, the person presumptively entitled to It 1399 P.04 PROBATE DIVISION 09/18/00 CASE PROGRESS DOCH IN RE ESTATE OF: CASH IDs FILING DATE: ODONNELL, BLAINE PRATHER JUDGE: CASE TYPE: PARTY TYPE REPRESENTATIVE ATTORNEY BENEFICIARY/HEIR BENEFICIARY/HEIR BENEFICIARY/HEIR BENEFICIARY/HEIR BENEFICIARY/HEIR BENEFICIARY/HEIR REPRESENTATIVE/GUARDIAN PARTY NAME MANN, R SETH PRATHER, ELSBBTH R ENCK, KAREN 8 ENGEL, DIANE 0 ODONNBLL, DANIEL P DANIELS, MARY BETH FRANCISCO, KATHLEEN 0 ODONNHLL, WILLIAM JR DATE FEE -------- --------------------------------------------------- ------------ 07/31/00 07/31/00 07/31/00 07/31/00 07/31/00 07/31/00 07/31/00 07/31/00 07/31/00 07/31/00 07/31/00 07/31/00 PETITION TO WAIVE BOND WVR OF PRIOR.,CON TO APPT OF PR & WVR OF NOT & BD-KATHLEEN 0. FRANCISC 0 WVR OF PRIOR.,CON TO APPT OF PR & WVR OF NOT & BD-MARY BETH DANIELS WVR OF PRIOR.,CON TO APPT OF PR & WVR OF NOT & BD-ELSBETH PRATHER WVR OF PRIOR.,CON TO APPT OF PR & WVR OF NOT & BD-DIANE 0. ENGEL WVR OF PRIOR.,CON TO APPT OF PR & WVR OF NOT & BD-KAREN E. ENCK WVR OF PRIOR.,CON TO APPT OF PR & WVR OF NOT & BD-DANIEL P. O'DONNEL OATH OF WITNESS TO WILL BY A NOTARY PUBLIC LAST WILL AND TESTAMENT DEATH CERTIFICATE PETITION FOR ADMINISTRATION PROBATE - NEW FILING TOTAL NUMBER OF ENTRIES: 12 ******* END OF REPORT ******* PAGE: BT PR-0-00-0001368 ES 07/31/00 TURNER, W R ESTATE 161.25 1 09/18/00 IN R8 ESTATE OF: ODONNELL, WILLIAM PARTY TYPE PROBATE DIVISION CUB PROOR88S DOCKET CASE IDs PR-0-99-0001082 88 FILING DATE: 06/25/99 JUDGE: TURNER, W R CASE TYPE: ESTATE REPRESENTATIVE ATTORNEY BENEFICIARY/HEIR BENEFICIARY/HEIR BENEFICIARY/HEIR BENEFICIARY/HEIR BENEFICIARY/HEIR REPRESENTATIVE/GUARDIAN PARTY PAGE: 1 MANN, R SETH ENCK, KAREN 8 ENGEL, DIANE 0 ODONNELL, DANIEL P ODONNELL, MARY BETH FRANCISCO, KATHLEEN 0 ODONNELL, WILLIAM JR DATE FEE 09/11/00 -------- ----------------- RESPONDENT'S AMENDED ANSWER 09/05/00 AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM 09/05/00 COPY OF ASSIGNMENT AND ASSUMPTION OF CONTRACT FOR SALE 05/24/00 CLAIMANT'S NOTICE OF FILING 05/15/00 NOTICE OF HEARING, ON 06/29/2000 AT 09:00 A.M. 03/16/00 NOTICE OF TAKING DEPOSITION 03/16/00 WAIVER AND CONSENT OF DANIEL P. O'DONNELL 03/16/00 WAIVER AND CONSENT OF KATHLEEN 0. FRANCISCO 03/16/00 WAIVER AND CONSENT OF KAREN B. ENCK 03/16/00 WAIVER AND CONSENT OF MARY BETH DANIELS 03/16/00 WAIVER AND CONSENT OF WILLIAM O'DONNELL, JR 03/16/00 WAIVER AND CONSENT OF DIANE 0. ENGEL 03/09/00 NOTICE OF FILING WAIVERS AND CONSENTS 03/06/00 ACCEPTANCE & ACKNOWLEDGEMENT OF SERVICE 03/02/00 PROOF OF SERVICE OF OBJECTION TO CLAIM 03/02/00 ANSWERS AND AFFIRMATIVE DEFENSES 02/26/00 PROOF OF SERVICE OF FORMAL NOTICE BY MAIL OBJECTION TO CLAIM OF ALTAMONTE SIESTA, INC PROBATE DIVISION 09/18/00 PAGE: 2 CASE PROGRESS DOCKET IN RE CASE ID: PR-0-99-0001082 ES DATE -------- --------------------------------------- ------ m ----------------- $ 02/22/00 02/22/00 PET FOR DELCARATORY JUDGEMENT OF PRIOR CONTRACT FOR SALE/AUTH TO SELL FORMAL NOTICE BY MAIL 02/11/00 02/02/00 STATEMENT OF CLAIM - ANTALMONTE SIESTA, INC - $REAL PROPERTY 01/21/00 STATEMENT OF CLAIM - FDS/BURDINES - $506.49 INVENTORY 01/04/00 INFORMAL REQUEST TO FILE INVENTORY 12/06/99 12/01/99 STATEMENT OF CLAIM - THE HUNTINGTON NATL BANK - $UNDETERMINED 11/30/99 MOTION/ORDER FOR WITHDRAWAL & SUBS OF COUNSEL, CONSENT, DESIG OF RES 10/29/99 STATEMENT OF CLAIM -HUNTINGTON NATL BANK-$3,244.65 + $132.39 + $250.00 OBJ TO CLAIM OF KATHERYNE S MULLINS, DEAN E MULLINS & UNBORN CHILD 10/14/99 STATEMENT OF CLAIM -KATHERINE S MULLINS, DEAN E MULLINS & UNBORN CHILD IN EXCESS OF $1,000,000.00 10/07/99 STATEMENT OF CLAIM - LIBERTY NATL BANK - $91,785.47 + } 10/07/99 STATEMENT OF CLAIM - LIBERTY NATL BANK - $120,421.75 + 1891 PER ANNUM 09/22/99 STATEMENT OF CLAIM - AMERICAN EXPRESS - $1,805.64 09/07/99 STATEMENT OF CLAIM - MENA - $4,101.01 08/16/99 STATEMENT OF CLAIM - AT&T UNIVERSAL CARD - $3,397.60 08/11/99 PROOF OF PUB. OF NOT. OF ADM. 07/29/99 & 08/05/99 08/09/99 STATEMENT OF CLAIM - MENA - $452.00 08/09/99 STATEMENT OF CLAIM - THE FIRST NATL BANK OF ATLANTA - $6,117.19 07/29/99 STATEMENT OF CLAIM - SEARS - $4,833.96 07/29/99 STATEMENT OF CLAIM - ORL. REGIONAL HEALTHCARE -$764.00 07/20/99 LETTERS OF ADMINISTRATION 07/20/99 OATH OF PR, DESIGNATION OF RES AGENT & ACCEPTANCE 07/20/99 ORDER ADMITTING WILL AND APPOINTING PERSONAL REP 09/18/00 PROBATE DIVISION PAGE CASE PROGRESS DOCKET : 3 IN RE CASE ID: PR-0-99-0001082 ES DATE PER -------- --------------------------------------------------- ------------------ 07/06/99 07/06/99 WVR OF PRIOR, CON TO APPT OF PR, WVR OF NOT, BD KAREN E. RUCK 07/06/99 WVR OF PRIOR, CON TO APPT OF PR, WVR OF NOT, BD MARY SETH O'DONNBLL 07/06/99 WVR OF PRIOR, CON TO APPT OF PR, WVR OF NOT, SD KATHLEEN 0. FRANCISCO WVR OF PRIOR, CON TO APPT OF PR, WVR OF NOT, BD DIANE 0. ENGEL 07/06/99 WVR OF PRIOR, CON TO APPT OF PR, WVR OF NOT, ED DANIEL P. O'DONNELL 07/06/99 OATH OF WITNESS TO WILL 06/25/99 PETITION TO WAIVE BOND 06/25/99 LAST WILL AND TESTAMENT 06/25/99 DEATH CERTIFICATE 06/25/99 161.25 PETITION FOR ADMINISTRATION 06/25/99 PROBATE - NEW FILING TOTAL NUMBER OF ENTRIES: 52 ttttttt END OF REPORT tttttt* s A• KAREN ENCK, Plaintiff V. W. EUGENE ENCK, Defendant IN THE COURT OF COMMON PLEAS OF s CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6316 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE TO: LAWRENCE WELKER, PROTHONOTARY Please note my withdrawal as counsel for Karen, Plaintiff in the above matter. Dated: ?Ij6r5? ?"lL BY: "l Mar a P. C etti, Esquire I.D. #2791 132-134 Walnut Street P.O. Box 689 Harrisburg, Pennsylvania 17108 Kindly enter our appearance on behalf of Karen Enck, Plaintiff in the above matter. Dated: ih(VI T O'BRIEN, BARIC AND SCHERER BY., Robert L. O'Brien, Esquire I.D. A 28351 17 West South Street Carlisle, Pennsylvania 17013 !J KAREN ENCK, Plaintiff V. W. EUGENE ENCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6316 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE I hereby certify that on this date, a true and correct copy of the foregoing Praecips for Withdrawal of Counsel and Appearance of Counsel was served by first-class mail, postage prepaid, upon the following: Maria P. Cognetti, Esquire 132-134 Walnut Street P.O. Box 689 Harrisburg, Pennsylvania 17108 Dated: Robert L. O'Brien, Esquire ?+ C ?_ ulf,?C' ? ' ? ? .J ? 2 ? ?r x a. J r?? r ? L ? ]? -7 ?a ? -a.. , KAREN ENCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : IN DIVORCE W. EUGENE ENCK, Defendant 95-6316 CIVIL TERM PRAP.CIPE TO THE PROTHONOTARY: I hereby enter my appearance on behalf of the Defendant, W. EUGENE ENCK, in the above-captioned case. ANDREWS & JOHNSON DATE:' Ta P. Andrews, Esq. 7 est Pomfret Street Carlisle, PA 17013 717-243-0123 Supreme Court ID No. 15641 I Mr r ? 10/31/2000 11:10 3525671077 R SETH MANN ESQ UGAt AND FINANCIAL COUNStUNO October 30, 2000 Karen Erick 136 West Louther Street Carlisle, PA 17013 RE: Estate of William O'Donnell, Sr. _ f PAGE 02 Dear Karen, - The informati on to date is as follows- 1.) Gross estate value $3,912,023.00 2.) Probate Administration Expenses (Estimated) -169,098.00 3.) Debts, Mortgages and Liens -2,622,134.00 4.) Estate Taxes due (Florida) -40,131.00 5.) Estate taxes due (Federal) -143.893.00 6.) Net assets S 936,767.00 7.) Tax return filed by John T. Weaver, CPA shows: Karen E. Erick - Beneficiary share (estimated) S156,159.00 8.) Additional Factors: There are three lawsuits in process: Contract dispute on 436 property Contract dispute on Hewett Heights property Personal Injury claim from auto accident The expenses associated with the litigation cannot be determined at this time and the amount of liability against the estate, if any, has not been determined and will not be determined until the lawsuits are concluded. Real estate holdings constitute a major portion of the estate and the costs associated with the sale of these assets has not been calculated in the numbers above. Payment to beneficiaries will not be made until holdings can be liquidated. The information provided is from the estate tax return filed by John Weaver, CPA. If you need additional information regarding the valuation estate assets, you may contact John Weaver at (813) 287-1519. If you need additional information from me, please contact me at the number listed below. Sin rel R. Seth arm, Esq. 37941 MERIDIAN AVE Nur EISor c1rv, rLORIDA 33575 r KAREN ENCK, PLAINTIFF VS. W. EUGENE ENCK, DEFENDANT . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 6316 CIVIL iN VIVURCE TO:- Barbara J. Patton , Attorney for Plaintiff Taylor P. Andrews , Attorney for Defendant DATE: Friday, November 5, 1999 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (1) Plaintiff will be disputing Defendant's date of separation, and will require valuations of assets os of February, 1999, the date she will be indicating as the final separation date of the parties. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. la ti 61 DATE 1/j( 14 1 7 COUNSEL FO PLAINTIFF (X ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. KAREN ENCK, PLAINTIFF VS. W. EUGENE ENCK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 6316 CIVIL IN DIVORCE T0: Barbara J. Patton , Attorney for Plaintiff Taylor P. Andrews , Attorney for Defendant DATE: Friday, November 5, 1999 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 40 (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. KAREN ENCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95 - 6316 CIVIL W. EUGENE ENCK, Defendant IN DIVORCE TRANSCRIPT OF PROCEEDINGS Proceedings held before E. Robert Elicker, II Divorce Master, Cumberland County, ^ Carlisle, Pennsylvania, on September 28, 2000 APPEARANCES: Barbara J. Patton Attorney for Plaintiff Taylor P. Andrews Attorney for Defendant ?,?- :: 1 THE MASTER: Today is Thursday, September 2 28, 2000. This is the date set to take testimony on any 3 outstanding issues involving tangible personal property and 4 alimony. 5 Present in the hearing room are the 6 Plaintiff, Karen Enck, and her counsel Barbara J. Patton, and 7 the Defendant, W. Eugene Enck, and his counsel Taylor P. 8 Andrews. 9 Counsel have provided the Master with the 10 signed agreement which was placed on the record on August 8, 11 2000, with respect to equitable distribution. Counsel have 12 also indicated that they have resolved the tangible personal © 13 property issues and the Master is going to ask counsel to 14 simply state on the record generally how those issues were 15 resolved. Following that statement, we will begin to take 16 testimony on the alimony claim of wife. Wife will testify as 17 the Plaintiff and the party raising the economic claim. 18 Mr. Andrews, would you state on the record 19 the disposition of the issue with respect to tangible personal 20 property. 21 MR. ANDREWS: There are pages labeled Page 2 22 to Page 71 which are a list of tangible personal property 23 compiled by the personal property appraiser in this case. 24 This list has been marked up by Mrs. Enck with a check mark or 25 an asterisk or a star on the items that she desired. Mr. 4 1 010-11 Enck indicated which items Mrs. Enck had expressed a desire 2 for that he did not agree with by either putting a red mark by 3 the price of the item, the appraised value of the item, or by 4 writing in red adjacent to the description of the item. I 5 think our agreement is that Mrs. Enck will receive all of the 6 personal property that she has indicated on this list that was 7 not objected to by Mr. Enck and of those items that were 8 objected to, they are set forth on a separate two-page sheet 9 that is labeled Enck vs. Enck private auction of disputed 10 personalty, to be divided in kind, where the parties have gone 11 back and forth with bids for those 23 items until there has 12 been a high bidder and the high bidder shall receive that item 13 that is described and will be charged the price indicated. 14 The difference in the price bid by Mrs. Enck 15 and Mr. Enck was $1,735.00 and we had agreed that that would 16 be added to the figure that was agreed to in August that Mr. 17 Enck would be paying to Mrs. Enck as the payment to effect the 18 equitable distribution. So that the amount that was recited 19 in the August agreement will now be increased by $1,735.00. 20 Other than that, the parties will remain in 21 possession of their personal property other than as indicated 22 on this list. 23 THE MASTER: Would you swear the witness, 24 please. 25 MS. PATTON: Can I ask a question first. 5 1 This is our only copy of -- 2 MR. ANDREWS: I would ask that these be made 3 part of the record since it is hard to make sense of what I 4 have just put on the record without reference to those lists. 5 THE MASTER: Why don't we just mark them as a 6 joint exhibit? 7 MR. ANDREWS: Fine. 8 (Whereupon, Joint Exhibit No. 1 9 was marked for identification.) 10 THE MASTER: Let the record reflect that the 11 documents which Mr. Andrews was referring to in his recitation 12 of the disposition of tangible personal property have been Q 13 marked as Joint Exhibit 1. 14 All right. Would you swear the witness and 15 we will begin the testimony of Mrs. Enck regarding the alimony 16 claim. 17 Whereupon, KAREN E. ENCK, having been duly 18 sworn, testified as follows: 19 DIRECT EXAMINATION 20 BY MS. PATTON: 21 0 Would you state your name, please. 22 A Karen E. Enck. 23 0 Where do you live now? 24 A 3071 White Ash Trail, Orlando. 25 THE MASTER: I can't hear you. I'm sorry. 6 1 THE WITNESS: 3071 White Ash Trail, Orlando, 2 Florida 32 826. 3 BY MS. PAT TON: 4 Q Do you live with anybody? 5 A My son. 6 Q What is your birth date? 7 A 8/20/48. 8 Q How old are you? 9 A 52. 30 Q Are you married to W. Eugene Enck? it A Yes. 12 Q When were you married? V 13 A October 7th 1968. 14 Q How old were you then? 15 A 20. 16 Q Were you in college at that time? 17 A Yes. 18 Q Was he in college? 19 A Yes. 20 Q Did you drop out of college when you were married? 21 A Yes. 22 Q So you never got your degree? 23 A No. 24 Q Did he complete his education? 25 A Not at Athens. He did up here, Harrisburg Area 7 op 1 Community College. 2 THE MASTER: I'm sorry. You are going to 3 have to speak up. 4 THE WITNESS: Harrisburg Area Community 5 College at HACC; not where we were in Alabama. 6 BY MS. PATTON: 7 Q What degree did he receive from HACC? 8 A Something to do with electronics, I believe. 9 THE MASTER: Was it an Associates degree? 10 THE WITNESS: Yes. 11 BY MS. PATTON; 12 Q You mentioned something about being in Athens? Q 13 A Yes. 14 Q Where was that? 15 A In Alabama. 16 Q And after you married, where did you go? 17 A We lived there for a month and then we moved up 18 here in the beginning of November of 1968. 19 Q Did you go to work after you moved up here? 20 A Yes. 21 Q Where did you work? 22 A I had a retail job at Christmas at J.C. Penney's 23 and then I, in January -- that was only for Christmas -- I 24 started at Montgomery Wards in the credit office. J 25 Q Did your husband work at that time? 8 1 A Yes, he did. 2 Q What did he do? 3 A He worked for Zeigler's Moving Company. 4 THE MASTER: What moving company? 5 THE WITNESS: Zeigler's. 6 THE MASTER: I'm sorry, Mrs. Enck, you are 7 going to have to speak louder. I am not hearing you and the 8 court reporter also has to take this down. You are just going 9 to have to shout at us if that is what it takes. Okay? 10 THE WITNESS: Okay. 11 BY MS. PATTON: 12 Q How long did you work during your marriage, once 13 you initially were married? 14 A I worked until January of 1971. 15 Q Why did you stop working? 16 A At that time I was five months pregnant and back 17 then they made you quit work at five months. 18 Q How many children did you have during the 19 marriage? 20 A Three. 21 Q Did you work at any time while they were growing 22 up? 23 A No, I didn't. I worked a couple of times at 24 Christmas. I think there might have been two occasions in 15 25 years that I worked over Christmas for some extra money for i s M 1 Christmas. 2 Q When did you return to work? 3 A I returned to work November of 1986. 4 Q and how old was -- 5 A I'm sorry. Scratch that. It was November of 6 1985. 7 Q How old was your youngest child at that time? 8 A He was five years old. 9 Q So you worked during his childhood? 10 A Once he was five I went to work part-time. 11 Q What hours did you work then? 12 A I worked nights and weekends. 0 13 Q Did Mr. Enck agree that you should stay home with 14 the children while they were young? 15 A Yes, he did. 16 Q Would you say that you were the primary caregiver 17 during the marriage? 18 A Yes, I was. 19 Q Did your husband help you with the children? 20 A Not a lot. 21 Q Would you have trusted Mr. Enck to watch your 22 children? 23 A When he was sober I trusted him. 24 Q Was he often not sober? 25 A Yes. 10 1 Q And are you suggesting that he drank a lot. 2 A Yes, I am. 3 MR. ANDREWS: I'm going to object to this 4 line of questioning. It is irrelevant on the claim of alimony 5 as to whether he was drinking when his kids were young. 6 MS. PATTON: I would say that -- we are 7 intending on further testimony regarding his behavior and 8 actions during the marriage as very relevant toward her even 9 current state of mind. 10 THE MASTER: I'll allow it. I understand the 11 nature of the objection but I will let her pursue it. 12 BY MS. PATTON: 'J 13 Q When he was drinking was Mr. Enck physically or 14 verbally abusive toward you and the children? 15 A He was towards me. 16 Q Did he ever hit you? 17 MR. ANDREWS: I'm really going to object. We 18 have had no notice that this was coming out at this hearing -- 19 MS. PATTON: We are going to be -- 20 THE MASTER: I understand your objection but 21 there is a marital misconduct factor that is something that I 22 can consider. Now, as far as notice, do you want to request 23 more time -- 24 MR. ANDREWS: It is also a relevancy -? 25 objection. 11 I THE MASTER: Well, it is relevant to marital 2 misconduct. 3 MR. ANDREWS: At what point in time are we -- 4 THE MASTER: I don't know where she is going 5 with this but I did let her go forward. I assume she is 6 developing something here in her testimony. 7 MS. PATTON: Mrs. Enck is in a current 8 emotional state that is very related back to her -- what went 9 on during the marriage. We are going to be indicating that 10 she was an abused co-dependent housewife and that puts her in 11 her current emotional state. She honestly does not believe 12 that she is capable of working full-time at the moment. If O 13 you talk to her for a while you can tell that she has a lot to 14 get through. 15 THE MASTER: And I assume that this is the 16 first you have heard any of -- the nature of this? 17 MR. ANDREWS: Yes, it is. 18 THE MASTER: Do you want to continue the 19 case until you have an opportunity to prepare with your 20 client? What do you want to do? If this is a surprise -- we 21 are probably going to have to come back anyway. Apparently 22 what we are getting into now is going to take a lot of time to 23 develop in terms of the testimony. We are not going to be 24 just dealing with facts and numbers -- r 25 MR. ANDREWS: We will deal with rebuttal when 12 1 we come back if need be. Go ahead. You made a ruling. It is 2 admissible. Go ahead. We will deal with it later. 3 THE MASTER: All right. 4 BY MS. PATTON: 5 0 You have indicated that Mr. Enck was physically 6 abusive towards you during the marriage? 7 A On occasions, yes. 8 0 Did you ever call the police? 9 A No; not until recently. In the last five years. 10 0 The police were not called prior to that? 11 A Never. 12 0 But was he verbally abusive prior to the last five 13 years? 14 A Always. 15 0 Why didn't you leave? 16 A I loved him. 17 0 Where would you have gone had you left? 18 A I don't know. I didn't have any skills. I had 19 two little boys and then a third seven years later. I had not 20 finished my education. I didn't feel secure. I hated to take 21 the children from him, and I figured if I left I would go a 22 thousand miles away and he would never get to see them. I 23 just couldn't do that. I couldn't take his children from him. 24 I wouldn't want anybody to do that to me and I couldn't do it 25 to him. 13 Ox 1 Q What is your religious faith? 2 A Roman Catholic. 3 Q Does that have any -- did that have any influence 4 on your staying in the marriage? 5 A Yes. 6 Q Are you, to this day, opposed to divorce? 7 A I am opposed to divorce unless there is a 8 situation of a relationship that can't be mended; can't be 9 bettered. 10 Q You indicated that you returned to work in 1985 11 when Michael was five? 12 A Yes. 13 Q And that you had worked nights and weekends? 14 A Yes, I did. 15 Q How long did you do that? 16 A For two years, until he started first grade. 17 Q And who watched the children when you were at 18 work? 19 A Gene watched Michael when I was at work but my 20 boys were 13 and 15, the older two children, and I felt like 21 he would be all right since they were around. 22 Q If? 23 A If Gene was drinking that he would be all right. 24 Q Were any of your children ever hurt while Gene was 25 drinking? 14 0" O 1 A Yes. 2 Q How often did that happen? 3 A With which child? 4 Q All of the children. 5 A When I say hurt, I say things, like, putting -- 6 Q Was there any physical injury? 7 A All right. The only time there was a physical 8 injury, there was one time we were walking in the mall and he 9 had drinks and stuff and he grabbed Michael's arm -- he was 10 little. He started to run away, like, children do, and I 11 guess he didn't realize -- he didn't mean to hurt him -- but 12 his arm was, like -- he thought his arm was dislocated. We 13 took him to the emergency room at Carlisle Hospital. It was 14 okay. 15 Q You described for me an incident where your child 16 was run over by a lawn mower? 17 A Right. 18 Q Was that a physical injury? 19 A Yes, it was. 20 Q Can you describe that? 21 A I was at work. Michael was five years old. It 22 was a terrible accident, the lawn tractor. It'was an 23 accident. It was definitely an accident. He would never hurt 24 his children. He would never mean to hurt anyone, but at the 25 time and he was dreadful and he was very very hurt and upset 15 1 about it, he was drinking -- 2 MR. ANDREWS: I'm going to object unless she 3 can indicate how she even knows what happened if she was at 9 work. 5 THE WITNESS: Well, we met at the emergency 6 room. 7 MR. ENCK: The brakes went out on that 8 tractor; that's what happened. 9 MR. ANDREWS: Gene, you be quiet. 10 THE MASTER: Well, you can testify as to 11 personal knowledge of what happened, if you saw the incident, 12 but not from what someone told you. 13 THE WITNESS: No, no, that's not what I'm 19 doing. It was an accident, like I said. It was a terrible 15 accident. The brakes did go out on the four-wheeler -- 16 THE MASTER: I'm going to sustain the 17 objection. i don't think there is anything here to show state 18 of mind on the part of the Defendant that he intentionally 19 intended to do anything to that child -- 20 MS. PATTON: It was not even suggested that 21 it was intentional -- 22 THE MASTER: Well, then it is really not 23 relevant. I'm only interested in conduct that he might have 24 engaged in as a result of being under the control of drugs or 25 alcohol or out of anger, but just because it was an incident 16 1 with a vehicle that malfunctioned, I don't think that is an 2 incident that I need to consider. 3 MS. PATTON: No. And she would suggest that 4 may be he was drinking but she has no independent knowledge of 5 that. 6 THE MASTER: All right. 7 BY MS. PATTON* 8 Q During your marriage did you often have to protect 9 Gene when he was drinking? 10 A Yeah, there were a lot of times that I would 11 protect Gene when he was drinking. 12 Q Are you protecting him now? 13 A Yes. 14 THE MASTER: I don't think that I understand 15 what the question was -- 16 MR. ENCK: Gene hasn't had a drink in a long 17 long time. 38 MR. ANDREWS: Just let them do it. 19 THE MASTER: -- nor do I understand what the 20 response was. I don't understand the purpose of the question 21 and I don't understand the response and if we want to leave 22 the record that way, fine. Mr. Andrews hasn't objected but 23 I'm not going to draw anything out of what was just said. 24 MS. PATTON: I am suggesting that -- she and 25 I talked for a long time and -- 17 ?I 1 THE MASTER: I don't want you to testify on 2 her behalf -- 3 MS. PATTON: I'm not. We will leave it the 4 way it is. She is protecting him. We will leave it at that. 5 THE MASTER: Well, I'm telling you that we 6 will leave the record the way it is but I'm not drawing any 7 conclusions about that comment. So you may proceed. 8 BY MS. PATTON: 9 Q Okay. You have already testified that you worked 10 for two years, nights and weekends, and then where did you 11 work? Did your work schedule change after that? 12 A Yes. I worked a lot of daylight, part-time, at 13 the same place. Twenty to twenty-four -- twenty-five hours a 14 week. 15 Q How long did you stay there? 16 A I was there a total of about eight and a half 17 years, until the store closed. 18 Q And where did you go after the store closed? 19 THE MASTER: What store was this? 20 THE WITNESS: Sears outlet in Carlisle. 21 BY MS. PATTON: 22 Q Where did you go when the store closed? 23 A I collected unemployment for a year and then I 24 went to work at the US Army War College in the child care 25 development center. 18 1 Q When was that? When did you start working there? 2 A In August of 194. 3 Q How long did you stay at the daycare center? 4 A Until the end of February 195. 5 Q Why did you leave? 6 A I didn't care for the work there, the child care 7 work. 8 Q Where did you go after that? 9 A I got my CDL while I was still working at the 10 child care development center because I knew I didn't like it 11 and I went to drive for Rohrer Bus Company in March of 195, 12 the beginning of March. 13 Q And is that what you have been doing since -- 14 until you moved to Florida? 15 A Right. 16 Q Could you describe your marital home, the home you 17 lived in during the marriage prior to separation? 18 A It was a big beautiful house up in White Rock 19 Acres, five bedrooms. I don't know what the square footage 20 is. Den, family room, finished basement, beautiful 21 landscaping. 22 THE MASTER: Beautiful what? 23 THE WITNESS: Landscaping. 24 BY MS. PATTON: `J 25 Q And would you say that during your marriage your 19 /l 1 husband was able to provide for your household -- adequately 2 provide for your household? 3 A Yes, he was. 4 Q And he provided you with what you needed? 5 A Yes, he did. 6 Q Why did you file for divorce in 1995? 7 A My husband had an affair with a girl he knew back 8 in high school and with my son's 22-year old girlfriend, my 9 oldest son Bill. 10 THE MASTER: Both in 1995? 11 THE WITNESS: Yes. Within a matter -- he 12 switched from one to the other. 13 THE MASTER: So with a high school friend -- 14 THE WITNESS: That he knew back in high 15 school, I assume that. She is my age so I don't -- he knew 16 her around Carlisle. 17 THE MASTER: And a friend of your son's -- 18 THE WITNESS: My son's long time, four-year, 19 girlfriend. We had known her since she was 16. She was at 20 the time 22. 21 BY MS. PATTON: 22 Q Did you leave the marital residence after filing 23 for divorce? 24 A No -- J 25 Q Why not? 20 I A -- I moved into another room. Because I was 2 afraid to move and afraid to leave, and I was overwhelmed. 3 My life had been destroyed. Our family had been destroyed. I 9 felt like Gene should leave. He should have left before he 5 ever did what he did. But he stayed in our home. He did it 6 in front of our children. 7 THE MASTER: Who is this? 8 THE WITNESS: My husband did. 9 THE MASTER: You said you felt that he should 10 have left? 11 THE WITNESS: Before he ever had his marital 12 misconduct -- when he was having the affairs, he lived at home 13 and came and went in front of myself and my children. We 19 couldn't get him out of the house. I had gone to see -- when 15 I filed about getting him out of the house -- they said unless 16 he abused me physically that I couldn't get him removed from 17 the house; that I had to put up with marital misconduct even 18 though it was an emotional, terrible thing. There was no way 19 I could get him out of the house and he wouldn't leave. 20 BY MS. PATTON: 21 0 Did you at that point still hope your marriage 22 could work? 23 A Yes, I did. As horrible as everything was -- it 29 was so overwhelming -- it was like a bad dream. It was like 25 -- at the time I was married 27 years and I left one month and 21 /N 1 came back the next month from my parents and our life was 2 over. Our life was ruined. 3 Q When did you finally leave the marital residence? 4 A In July of 1999 I guess it was, when I filed for 5 support. 6 Q Why did you leave? 7 A I left, because to get any money, I had to leave. 8 Q Had he not been paying your expenses? 9 A He paid the expenses, the household bills. I 10 didn't have access -- after my job was over in June -- I had 11 gone home. My mother had died of cancer a year before and I 12 couldn't collect unemployment that year. I had gone back to 13 work when I came back but I couldn't collect my unemployment 14 and I didn't have any money and I asked him for money and I 15 didn't get it, you know. He wouldn't give me any money. 16 He paid the household bills because he lived 17 there; because that was something that had to be paid. As far 18 as personal money, no, I had no access to any personal money. 19 So I finally went in July and applied for support. Moved out, 20 thought that would be worth it but -- none of this is worth 21 anything. 22 Q Would you say that this whole separation, divorce 23 matter has been difficult for you emotionally? 24 A Horrible. J 25 Q Do you still have hopes of reconciliation? 22 is 1 A I had this month even. Even including this month. 2 Q What happened this month? Was that since the last 3 time you were here? 4 A Since I was here. 5 Q What happened? 6 A Well, the day of the hearing I went up to the 7 house with Michael. I asked if I could -- I didn't go in 8 because I wasn't supposed to go in. Michael went in and asked 9 Gene if it was all right and he said yes -- 10 MR. ANDREWS: I'm going to object at this 11 point. The relevancy of this, I mean, this is after the date 12 of separation. 13 MS. PATTON: Once again, this goes to her 14 emotional state. I mean she has been told that she should 15 have been working; she should have been filing things, and she 16 is going to testify that up until very recently he had her 17 hopes -- that he had given her reason to believe that they 18 could go to counseling together. We are talking very 19 recently. 20 THE MASTER: Okay. I'll hear it. 21 MR. ENCK: I said after this is over. 22 THE MASTER: You will have your chance to 23 rebut. 24 THE WITNESS: I went in then. And -- this is J 25 when we were talking about the distribution of property, how 23 ,h 1 we were going to split things up, what I was going to take and 2 what he was going to have, and I looked at him and I said, how 3 would you like to handle this. He got upset himself. He 4 started to tear up and everything. Michael was right there 5 and I said, well let's go out in the living room and talk 6 about this. 7 We did and I told him that, you know, that 8 all of this was such tragedy and such a shame and how horrible 9 it all was and that it wasn't worth it to met that I would 30 give up everything, all of the money -- I know a lot of people 11 that would have taken the money and run with what has gone on 12 in my life but to me it wasn't worth it. I said we would have 13 grandchildren someday; that hopefully the boys would come back 14 around if they saw things working. That's how it went up 15 there that day. I talked about that we should go to 16 counseling, you know, that he had spoken of that before -- 17 several months before and, you know, when it came down to the 18 wire, when it came down to this going really truly through, 19 that's how I felt. I expressed that to him. I told him that 20 I loved him that day. I said that I still think you care 21 about me, you don't have anybody else; I don't have anybody 22 else and none of this money or anything is worth the tragedy 23 of ending this marriage and that's how it ended. That we 24 would may be go to counseling -- 25 BY MS. PATTON: 24 48 1 0 Did you return to Florida? 2 A Yeah, I did go to Florida about -- that was on the 3 -- the 'hearing was on the 8th. I stayed up at the house and I 9 was there until -- just in my room -- until the 19th, the day 5 before my birthday, and I left. Gene called me on the 21st -- 6 the morning of the 21st, and wished me a happy birthday and I 7 started crying on the phone, telling him that I couldn't do 8 thin and he said, well, I think it is a done deal and I said I 9 don't think so and I said I wish we could just, you know, once 10 again, go to counseling and he said, you know -- because he 11 thought it was over and done and I didn't know whether it was 12 or not with what we had been through, I just, you know, he 13 started talking about, well, may be afterwards and whatever 19 but he did say about -- I said, well, I don't think it is 15 over; I don't think it's over. I haven't signed any paper, so 16 1 don't think it is over. I'm trying to remember. 17 0 Did you drive back up to Pennsylvania? 18 A So anyway, that following week -- I talked to him 19 several times on the phone and I asked him for the number that 20 -- we have to dial a 1-800 number to call the counseling 21 services out in California for his counseling at work, the 22 network that they are in. He went and looked up the number 23 for me and he gave it to me and I assumed that we were going 24 to go to counseling. I assumed that I would come home and I 25 called my work. I called Rohrer Bus and the school started 25 ON y? j 1 the 28th of August and I drove up here. 2 Q Did you expect that you would be working for 3 Rohrer Bus and living with your husband? 4 A Yes. I talked to my boss. I had missed the bid 5 meeting in the middle of August but she said there were runs 6 available and that as long as I was there by Wednesday 7 everything was fine, you know, she had hoped that I would be 8 there by Wednesday. I left on Sunday and I drove up here and 9 my car broke down coming up. I had to have the repairs done 10 Monday morning. I drove up and got here, like, 7;30 on Monday it night and no greeting at the door or anything; just went in 12 after the horrible trip and all and talked to Michael a little 13 bit. Gene came in and said, oh, you're here or something and 14 then I went back out to get my things in the car, showed him 15 my birthday presents -- Mike -- and then I came and sat on our 16 bench outside on the porch and was out there just distraught 17 because I didn't understand his distance] his -- after we 18 talked and all. 19 So he came out and immediately started talking 20 about the money here, the money that was involved here. I 21 said, I can't believe you haven't heard anything that I said 22 before, how could you be talking of the money. I said it 23 wasn't worth anything to me, we could work things through, and 24 I drove up for this reason. I said, well, I drove up; that's 25 why 1 came a thousand miles by myself in a car, you know, that 26 Y.J. :J. 1 wasn't that reliable. 2 Q Are you testifying that you came up with hopes of 3 a possible reconciliation and counseling with your husband? 4 A Yes, I did. 5 Q Did he lead you to believe that that was possible? 6 MR. ENCK: No. 7 MR. ANDREWS: Be quiet, Gene. 8 THE WITNESS: Yes, he did lead me to believe 9 that. He gave me the 800 number to call. He talked to me on 10 the phone. In fact, when I broke down I called him and I 11 needed his Triple A plus number and he gave me that and there 12 was not one inkling on the phone of, you know -- he was fine. 13 BY MS. PATTON: 14 Q Have you received any counseling whatsoever? 15 A Only at the very beginning. 16 THE MASTER: Only? 17 THE WITNESS: In 1995. 18 THE MASTER: That was marriage counseling? 19 THE WITNESS: That was personal counseling. 20 THE MASTER: Just for you? 21 THE WITNESS: Yes. 22 BY THE MASTER: 23 Q And that is the last time you've had any 24 counseling? J 25 A Yes. 27 1 Q Is there any reason why you haven't had any since 2 then? 3 A I guess -- I'm sorry. There was one other time 4 that I went back. It just seemed like -- she did explore a 5 lot of things about me but it just seemed like we kind of kept 6 hashing out the same things that had happened. It wasn't 7 really helping me. It was just going over and over things. 8 BY MS. PATTON: 9 Q Would you like to return to counseling and receive 10 additional counseling now? 11 A Yes. I think I need counseling. 12 Q How would you describe your emotional state over 13 the last month? 14 A Not very good. Terrible. 15 Q Do you feel capable of working full-time -- 16 MR. ANDREWS: Objection. I question her 17 qualifications to access that. Now, perhaps -- she 18 nevertheless can testify to it but to be -- 19 THE MASTER: Yes, she can testify to it. 20 I'll overrule the objection. She can testify how she feels. 21 MR. ANDREWS: All right. 22 THE MASTER: If there is an issue about that 23 you can develop it otherwise. The question was about your 24 emotional state. J 25 THE WITNESS: This is not good. This isn't 28 1 good. 2 BY MS. PATTON: 3 Q Have you ever lived alone? 9 A No. 5 Q How do you feel about the prospect of living 6 alone? 7 A I'm afraid to live alone. 8 Q Have you any vision whatsoever for your future? 9 A No. 30 Q Did you imagine that you would be married forever? it A Yes. 12 Q Why did you move to Florida? _ 13 A Because that is my home town and that was where I 19 was born and that is where my family is. 15 Q Did you expect that your family would support you 16 during th is time? 17 A Yes, I did. 18 Q Have they been supporting you? 19 A No. 20 Q Do you have any support? 21 A No, other than my boys. 22 THE MASTER: Which son is that? 23 THE WITNESS: That's my middle son, Brian. v 29 THE MASTER: When you mean support, you mean 25 physical, in terms of -- 29 I THE WITNESS: Just emotional support. 2 THE MASTER: Emotional support. How about 3 financial support? 4 THE WITNESS: None. 5 BY THE MASTER: 6 Q When you talk about Brian supporting you, what do 7 you mean? 8 A i mean he listens to me and counsels me and helps 9 me. 10 BY MS. PATTON: 11 Q How do you feel about leaning on your sons in such 12 a way? J 13 A I don't like leaning on them. I don't like 14 involving them but they have been in the middle of this since 15 day one. 16 Q How would you describe your boy's relationship to 17 their father? 18 MR. ANDREWS: Objection. That is irrelevant. 19 THE MASTER: I'll sustain that objection. 20 BY MS. PATTON: 21 Q Are you currently receiving spousal support from 22 Mr. Enck? 23 A Yes, I am. 24 Q How much do you receive a month? `J 25 A $1,500.00. 30 1 Q And you have seen his income and expense 2 statement? 3 A You mean his -- what do you mean? 4 Q The statement that indicates how much money he 5 makes a month. 6 A No. 7 Q You haven't seen that? 8 A I don't think that I have. 9 Q Do you know of any additional income that he 10 regularly receives other than salary, interest, and dividend 11 income? 12 A Money from his dad. © 13 Q Do you know how much he gets? 14 A No. 15 MR. ANDREWS: Objection. 16 THE MASTER: What is the basis of your 17 objection? 18 MR. ANDREWS: Well, this was mentioned before 19 and, I think, she indicated that she was going to inject into 20 this hearing gift money from Gene's father and past gifts have 21 already been included as non-marital property in equitable 22 distribution. Future gifts cannot be considered. That is 23 totally speculative. 24 THE MASTER: Sustained. v 25 BY MS. PATTON: II 31 1 Q I understand that your father fairly recently 2 passed away? 3 A Yes. 4 0 Are you a beneficiary of his e state? 5 A Yes. 6 Q Do you have any idea what you might expect to 7 receive from that estate? 8 A Unfortunately, no. 9 MS. PATTON: That's all I have for her. 10 CROSS-EXAMINATION 11 BY MR. AN DREWS: 12 Q Mrs. Enck, let me start right where your counsel ^i 13 left off. 14 A Okay. 15 Q You tragically lost both your mom and dad within 16 the last two years? 17 A Yes. 18 Q Can you indicate what the date of death was for 19 your father? 20 A May 17th 1999. 21 Q And your father's name? 22 A William O'Donnell. 23 Q And the date of death of your mother? 24 A August 23rd 1998. 25 Q And you are aware that their estates have been 32 1 filed for probate down in Florida? 2 A Yes, I am. 3 Q And you're one of five children? 4 A One of six. 5 THE MASTER: Are all of the children 6 beneficiaries? 7 THE WITNESS: Yes. 8 BY MR. ANDREWS: 9 Q Is Diane Engel a sister? 10 A Yes. 11 Q Daniel O'Donnell a brother? 12 A Yes. 13 Q Mary Beth O'Donnell a brother? 14 A Sister. 15 Q Pardon me. Mary Beth O'Donnell a sister? 16 A Yes. 17 Q Kathleen Francisco a sister? 18 A Yes. 19 Q And William O'Donnell, Jr.? 20 A He is my brother. 21 Q So there are six of you? 22 A Yes. 23 Q And is your brother, William, Jr., actually the 24 executor of your father's estate? J 25 A Yes. 33 I Q And have you given William O'Donnell, Jr, your 2 address in Florida? 3 A Yes, he has my address. 4 0 They did send you, did they not, a copy of the 5 petition for probate shortly after your father died? 6 A What is a petition for probate? 7 0 Well, that's how your brother got appointed to be 8 the executor -- 9 A You mean when I signed the paper that he could be 30 -- 11 0 I believe so. 12 A Yes, I did receive that. 13 Q Did that not set forth an estimate of what the 14 value of your father's estate was? 15 A At that time, no. 16 0 Do you have the documents that you received, do 17 you have copies? 18 A Yes. 19 0 You have not produced them to this Court in any 20 fashion, have you? 21 A Which -- I don't know -- no, I have never given 22 anything to this Court. 23 0 Have you ever given them to your counsel -- I'll 24 withdraw that question. Did you -- at the beginning of this 25 year, lat e January early February -- not receive a copy of the 34 1 inventory of your father's estate? 2 A I'm not sure. I received papers but -- there was 3 property listed on there. 4 Q Property that comprised your father's estate? 5 A Right. 6 Q You were aware since August the 8th, when you last 7 appeared here, that you were supposed to deliver up to myself, 8 as your husband's attorney, information about your father's 9 estate? 10 A I didn't understand -- what I understood was that 11 if I was to receive anything or know, you know, to get 12 anything from the estate, I would get it. I don't even 13 understand the estate. I haven't talked to my brother. I 14 haven't talked to the lawyer. I haven't talked to anybody 15 about my parents' estate. 16 Q Never even talked to them? 17 A None of us have. We are all up in Orlando. My 18 brother is in Tampa. He is the executor and none of us know 19 other than what -- 20 Q What is the distance between Orlando and Tampa? 21 A An hour. 22 Q Driving? 23 A Right. 24 Q Long distance call? 25 A What do you mean. I signed over the authority to 35 1 my brother and that's what I have given him. 2 Q Since you were here on August the 8th, you never 3 picked up the phone to ask your brother any questions about 4 your father's estate? 5 A Never. 6 Q Now, do you know, is your brother also the 7 executor of your mother's estate? 8 A I don't know that. I thought that was all settled 9 when my dad was still living. 10 Q So is it a fair statement to say that since August 11 8th, when you were last here that you, yourself, personally 12 took no action to get any information about your father's 13 estate, to communicate to me, as Gene's counsel, or the Court 14 -- 15 A No. 16 Q Now, did you also not know from August the 8th 17 that you were to file an income and expense statement by 18 September 20th of this year? 19 A Right. 20 Q And you never did that, did you? 21 A No. 22 Q Why not? 23 A Because I don't have a job right now. 24 Q You're not receiving any kind of disability, am I y `i 25 correct? 36 1 A No. 2 Q In the past you have worked retail? 3 A Yes. 4 Q When you worked at Sears you were working in an 5 office doin g office work? 6 A No. I was a sales clerk. 7 Q You say you were there for eight and a half years? 8 A Yes. 9 Q And all that while was a sales clerk? 10 A Um-hum. 11 Q After eight and a half years you were making more 12 than minimum wage, weren't you? 13 A Um-hum. 14 Q How much were you making, do you remember? 15 A $6.75. 16 Q Do you remember what minimum wage was back then? 17 A No. May be $4.75. 18 Q When you worked at the Bon-Ton? 19 A Um-hum. 20 Q Was that as a sales clerk also? 21 A Yes. 22 Q So you've worked as a sales clerk at Sears and at 23 the Bon-Ton. You've worked the equipment that is necessary to 24 ring out a sale? 25 A Right. 37 1 Q You know sales procedures? 2 A Yes. 3 Q You know how to deal with customers? 4 A Yes. 5 Q Where all have you looked for sales clerk type 6 work, let's say since June of this year? 7 A I don't look for sales clerk jobs? 8 Q Why not? 9 A Because I have a CDL and it was very hard to get 10 and I can make a lot more money driving commercial large it vehicles than I can to stand in a store. 12 Q CDL. By that you do mean a commercial driver's 13 license? 14 A Yes, I do. 15 Q You just have a Pennsylvania's commercial driver's 16 license, right? 17 A Right. But that automatically transfers anywhere. 18 Q You could use that in Florida? 19 A Anywhere. 20 Q You can use it anywhere? 21 A Um-hum. 22 Q But you can only drive a bus, right. I mean, you 23 can't drive some other big vehicle besides a school bus? 24 A No. I can drive a dump truck. v 25 Q You can drive any large vehicles? 38 1 A Yes; not a tractor-trailer. 2 Q All right. Something that is all one piece? 3 A All one piece. 4 Q And you can drive any of those trucks? 5 A Yea, I can. 6 Q Well, since June 1 where have you gone looking for 7 work using your CD license? 8 A Well, we get unemployment during the summer. 9 Q We meaning, bus drivers from Rohrer -- 10 A All bus drivers in Pennsylvania. That's a law. 11 Q And you did collect unemployment this last summer? 12 A Yes. 13 Q What was the amount of your unemployment? 14 A $100.00 a week. 15 Q So in order to collect -- 16 A Before taxes. 17 Q In order to collect that $100.00 a week, 18 unemploymen t compensation, you did not go out and look for any 19 employment? 20 A No; because I have a job to go back to. 21 Q The job you're talking about going back to is at 22 Rohrer? 23 A Yes. 24 Q And that's working how many hours a week? .J 25 A Approximately -- probably 25. 39 is 1 Q When you had school-age children you could only 2 work part-time; is that rights that is when you were working 3 weekends and evenings? 4 A Yes, that's the way I worked. 5 Q But there is nothing to limit you now to a 6 part-time job, is there? 7 A Well, I have a very good paying part-time job 8 driving a school bus. 9 Q Well, in fact the total income that you make 10 driving a school bus proves -- even when you add the 11 unemployment compensation at a $100.00 a week in the summers 12 -- calculates to less than a minimum wage job, doesn't it? 13 A No. 14 Q Don't you recall when we were at the support 15 office in the early summer of 1999 that they calculated your 16 income based upon minimum wage because it was greater than the 17 amount that you were earning at Rohrer? 18 A No, it was equal. 19 Q About the same? 20 A Yes. 21 Q Why can't you find a job that pays or that works 22 40 hours a week? 23 A Well, I've never worked 40 hours a week. 24 Q Well, there is nothing to stop you from working 40 25 hours a week, is there? 40 1 A No, other than my emotional state right now. 2 Q When you were working at Rohrer's for that 25 3 hours a week, how much do you get paid per hour? 4 A I get $47.70 a day. 5 Q How many hours a day is that? 6 A About four or five hours a day. 7 Q So you're getting somewhere between $9.00 and 8 $10.00 an hour? 9 A Yes. 10 Q Now, that's without any benefits; is that correct? 11 A Right. 12 Q Is that because of the few number of hours that 13 you're working? 14 A No, it is because these are private contractors 15 here. 16 Q There are no drivers for Rohrer that are getting 17 any benefits? 18 A Oh, yeah. There are drivers -- you can buy 19 benefits there. 20 Q But you don't get medical insurance paid for you 21 as an employment benefit? 22 A No. But I didn't need that when I was married so 23 that's why I didn't. 24 Q Well, my question of you is: Are there any ..) 25 drivers at Rohrer that are getting medical insurance provided 41 2 .J 1 -- 2 A If they pay for it. 3 Q Have you looked, or am I correct that you have not 4 looked for any employment outside of Rohrer using your CDL, 5 working 40 hours a week, where you might have benefits? 6 A Um-hum. I looked. 7 Q Where? 8 A In Florida. I called up right away. 9 Q What company did you interview with down there? 10 A it's the county there. I would work for Orange 11 County. / 12 Q Oh, again, as a school bus driver? 13 A Right. But you're a county employee. 14 Q And have you looked for any jobs to use your CDL, 15 driving anything but a school bus? 16 A No. 17 Q Now, you talked about your religion and how you 18 feel about divorce. You do acknowledge that you are the 19 Plaintiff in this action? 20 A I know that. 21 Q And you filed this action back in 1995? 22 A Yes, sir, I did. 23 Q Now, you indicated that in 195 that you didn't 24 feel that you could leave the house and you wanted Gene to 25 leave but what you did is you basically moved to a different 42 z a 1 bedroom; is that right? 2 A Yes. 3 Q Didn't you and Gene very much go about separate 9 lives from that point on? 5 A No. 6 Q When we were here on August 8th and the agreement 7 was reached and it was recited in the presence of both you and 8 Gene, do you remember that? 9 A Yes. 10 Q Do you remember listening to it and saying, yes, 11 you did agree to those terms? 12 A Yes. 13 Q And it was some time after that in late August or 19 September, earlier this month, that you may have been sent 15 that same agreement in writing; is that correct? 16 A Yes. 17 Q So you have had a chance to look at in writing? 18 A Yes. 19 Q You understood on August 8th, did you not, that 20 one of the provisions of that agreement was from that time 21 forward Gene would be entitled to the occupancy of the 22 residence while there was an effort to sell the residence? 23 A Yes. 24 Q And that you would only be at the residence if he 25 gave you permission to be there? Didn't you understand that? 43 1 A He did. 2 MR. ANDREWS: I have no further questions. 3 Bear with me for one moment. I have no further questions. 4 THE MASTER: Any redirect? 5 MS. PATTON: Yes. 6 REDIRECT EXAMINATION 7 BY MS. PATTON: 8 0 You testified con cerning the deaths of both of 9 your parents fairly recently. Were you close to your mother? 10 A Very. Yes. 11 Q Was her death an emotional blow to you? 12 A Very much. 13 0 Would you say she was your primary support? 14 A Yes. 15 0 Did Gene provide any support for you during that 16 time? 17 A No. 18 0 To your knowledge, did I attempt to contact your 19 father -- the attorney -- 20 MR. ANDREWS: Objection. 21 THE MASTER: Well, you can testify to that if 22 you want. She -- to what purpose -- 23 MS. PATTON: Well, he was just indicating 24 that no e ffort was made at all to get information from the 25 estate an d I was -- 44 1 THE MASTER: Okay. If that is the purpose of 2 it, all right. She admitted that she personally made no 3 effort. 4 BY MS. PATTON: 5 Q You testified that your CDL qualifies you to drive 6 dump trucks and other small vehicles. 7 A Yes, I did. 8 Q Have you ever driven a dump truck or any other 9 such vehicle? 10 A No. 11 Q Would you feel comfortable doing so? 12 A No. 13 Q Do you know if it is possible to drive a school 14 bus full-time? 15 A Yes. 16 Q Could you choose -- 17 A When I contacted the county there is a full-time 18 -- 19 Q Is that in Florida? 20 A Yes. 21 Q And even up to this day is there any confusion on 22 your part as to where you're going to be living? 23 A Yes. 24 THE MASTER: What was the answer to that? i v 25 THE WITNESS: Yes. 45 iw • 7 1 THE MASTER: Why is there confusion? 2 THE WITNESS: It's strange but -- I have 3 lived my whole entire adult life here and I never felt like 4 this was home but then I went home, to my real home, and with 5 my parents gone and the city has changed a lot in 30 years, it 6 really doesn't seem like home. I have been trying it out 7 there. I'm there and I think of here; I'm here and I think of 8 there and I really have mixed emotions. I just don't know 9 where I want to be. 10 BY MS. PATTON: 11 Q Do you feel best qualified to work as a school bus 12 driver? 13 A Yes, I do. I've enjoyed it. It's a rewarding 14 job no matter what other people think. 15 Q Do you have at this moment any idea where you 16 would choose to live? 17 A Well, I'm not absolutely sure. I'm so mixed up. 18 There are memories here. I don't know. 19 MS. PATTON: That's all I have. 20 RECROSS-EXAMINATION 21 BY MR. ANDREWS: 22 Q Mrs. Enck, how many of your brothers and sisters 23 live in the Florida area of Orlando? 24 A Three. J 25 Q Which ones are they? 46 .40 1 A I'm sorry. Four. Diane, Danny, Mary Beth, and 2 Kathy. 3 Q Those four live right around Orlando where you've 4 been recently? 5 A Yes, they do. 6 Q And your brother William is just an hour away in 7 Tampa? 8 A Right. 9 Q What about -- who am I missing here -- Karen. 10 That's you. You're Karen. All right. And you say you have 11 not received support -- the sort of support that you expected 12 from them down in Florida? -` 13 A Well, they love me and they are supportive in that 14 way but everybody has their own life now. You know how that 15 is. 16 Q The sort of trucks that UPS drives are -- just the 17 single UPS delivery truck -- that is something you could drive 18 with a CDL; isn't it? 19 A Yes. 20 Q Have you looked for a job at UPS? 21 A You have to be with UPS for many many years to 22 have the privilege of being a driver. You have to work the 23 docks -- 24 Q Have you investigated that? 25 A Yes, I have; not as a CDL driver. I've 47 A r? 1 investigated jobs at UPS and I know -- actually those people 2 make unbel ievable amounts of money driving for UPS but it 3 takes year s and years of seniority to get to be a driver. 4 Q But that is something that is not a school bus 5 that you feel that you could drive, right? 6 A I would love to drive for UPS. 7 Q And it's not a school bus? 8 A That's right. 9 Q I mean there are lots of vehicles besides school 10 buses that you feel you could drive and make use of your CDL? it A Yes. 12 Q Right? J 13 A I prefer to drive a school bus. 14 Q The full-time job that is in Florida that you say 15 you became aware of driving school bus, how much did that pay? 16 A That pays over $9.00. 17 Q An hour? 18 A Um-hum. 19 Q For how many hours a week? 20 A 35. 21 Q And does it have benefits? 22 A The county has benefits no matter how many hours 23 you work. 24 Q So they are paying for your medical insurance and r ?J 25 -- 48 1 A After so many months. I believe it is 90 days. 2 Q Is that a job that you did or did not apply for? 3 A I did call about it. 4 Q Well, you called about it. Did you submit an 5 application? 6 A Not yet. 7 Q Is that because of your indecision as to whether 8 you want to live there or not? 9 A Right. 30 Q So if you do want to live there, there is still an 11 opportunity for you to make an application for that job? 12 A' Right. 13 Q You say you did collect unemployment this last 14 summer? 15 A Yes, I did. 16 Q Since school has started, back up here, has that 17 unemployment terminated? 18 A It ran out, yes. 19 Q And no doctors have determined that you have any 20 physical limitations with work, have they? 21 A I haven't been to the doctors. 22 Q When you interview for a job you don't tell people 23 that you have any physical limitations, you don't have any 24 physical disability? J ' 25 A Well, I haven t applied for a job. 49 e4 1 Q Do you regard yourself as having any physical 2 disability from work? 3 A I don't have any physical -- I have a very very 4 horrible emotional state right now, terrible. 5 Q Now, this marriage has been in turmoil since the 6 filing of your divorce five years ago, has it not? 7 A Yes. 8 Q Is it the fact that this is all coming to a 9 conclusion now that is making your emotional state so much 10 worse? 11 A No. It's been bad all a long. My mother got sick 12 and I put my relationship with my husband on hold. 13 Q So that the emotional state that you're describing 19 is not only due to the marital situation but also due to the 15 death of your mother -- 16 A Of course. I've been mourning for both of my 17 parents. 18 Q -- and your father? 19 A But the majority -- the majority of my emotional 20 wreck that I'm in, is my marriage. 21 Q And that's been true for five years? 22 A That's right. 23 Q And you counselled briefly about it in 195 but 29 stopped when it wasn't doing you any good? 25 A Well, I got tired of talking about what Gene did. 50 1 MR. ANDREWS: I have no further questions. 2 REDIRECT EXAMINATION 3 BY MS. PATTON: 4 Q Do you intend to seek further counseling? 5 A Yes, I do. 6 Q Assuming that you can afford to do so? 7 A Yes. 8 MS. PATTON: That's all I have for her. 9 THE MASTER: Well, when do you expect to 10 start your counseling? 11 THE WITNESS: As soon as I can. 12 THE MASTER: Is there any reason why you have 13 put it off this long? 14 THE WITNESS: I thought things were going to 15 work again and I was feeling somewhat better. I should have 16 been in counseling for a long time. 17 THE MASTER: You understand that I'm not 18 talking about marriage counseling; that I'm talking about 19 counseling to help you get through this difficult time and get 20 a future and a vision for yourself in your life; that's the 21 kind of counseling that you need. You're going to start that 22 soon? 23 THE WITNESS: Yes. 24 BY THE MASTER: ?y ' 25 re going to do that? Q When do you think you 51 Mir 1 A Right away. I need the 800 number again. 2 Q okay. Well, I'm sure that can be provided. You 3 will start that right away. q A Yes. 5 Q Let me understand something about the estates. 6 Your mother passed away before your father? 7 A Yes. 8 Q And is there a separate estate for your mother or 9 did -- 10 A I didn't hear anything about it. 11 Q Do you know if all of the assets that your parents 12 had are now passing through your father's estate? 13 A My father handled my mother's estate after she 14 passed away. 15 Q Was there an estate or did -- 16 A i don't know if there was an estate. She didn't 17 have anything, i mean, they owned everything together. 18 Q So what they had, your father acquired by the fact 19 that he was the surviving spouse? 20 A Yes. 21 Q And now that your father has passed away all of 22 the assets of your parents have passed to your father's 23 estate? 24 A Yes. q ./ 25 Q Are you aware of the claims that are being made 52 1 against your father's estate? 2 A I know that there was an automobile accident. 3 Q Is that what resulted in your father's death? 4 A No. He had a heart attack. 5 Q And the automobile accident has not been resolved 6 and is it - - 7 A I don't know. 8 Q You don't know? 9 A No. 10 Q Are there any other claims that you are aware of 11 against the estate? 12 A Not that I know of. I don't know. As I 13 understand it, there is debt there that needs to be taken care 14 of. There is property that isn't sold. 15 Q Is there any problem that you have in trying to 16 find out the answers to these questions? 17 A I don't have a problem with that. 18 Q Can you find out what the status is of the 19 accident claim? 20 A Yes. 21 Q Can you find out what debts are due and to whom? 22 A Yes. 23 Q And provide that information. 24 A I'll try to get that the best that I can. y 25 Q What is your relationship with your brother who is 53 om 1 the executor? 2 A I don't really have a relationship with my oldest 3 brother. I hardly -- over the years -- I've been here and 4 when I go home -- he is never in Orlando when I would go and 5 visit my parents. I've seen him, may be, I don't know, 10 6 times in 30 years. 7 Q So you don't have a relationship with him? 8 A No. 9 Q Is that part of the problem in getting information 10 about this.estate? 11 A Yes. I just trusted him to take care of it. I 12 thought I would sign those papers and -- I assume that he is J 13 doing all that he can to take care of it. It was a big 14 estate. It takes time; things aren't sold. 15 Q We need to have a little bit of information, as I 16 have indicated, so if you will make an effort to find out 17 about that? 18 A Okay. 19 Q And I think you need to consider where you're 20 going to live. If you can get that county job in Florida, may 21 be you ought to think about that and get some medical 22 insurance benefits. You have no real plan, am I correct, to 23 come back to Pennsylvania, it's just something you're not sure 24 about? J 25 A I'm not sure about it. 54 ?A 1 Q Well, you're going to have to make up your mind. 2 A Well, I have two sons here and that's another 3 reason for staying here. 4 Q When do you think you can make up your mind? 5 A Soon. I think I would like to try it here. I 6 can't say t hat I'll be -- I'll try it for a year alone on my 7 own. 8 Q Well, you have a job here, right? 9 A Yes. I can go right to work. 10 Q So you could come back and go to work here? 11 A Yes. 12 Q How much time do you think you need to make up 13 your mind about whether you want to do that or not? 14 A Whether I want to -- 15 Q Come back here and take that job at Rohrer which 16 is waiting for you? 17 A I can start right away. 18 Q Do you think you can make that decision in the 19 next month? 20 A Yes. 21 Q And get started working? 22 A Yes. 23 THE MASTER: Okay. We are going to adjourn. 24 Mrs. Enck, I would like you to get that information that I J 25 have asked you about as soon as possible. I would like you to 55 1 go to counseling as soon as possible. And I would like you to 2 make some plans for your future, and if you're going to come 3 back, get started on that job. 4 MR. ENCK: All right. 5 (Whereupon, Court was adjourned at 6 9.16 p.m.) 7 8 9 10 11 12 1 13 t, J 19 15 16 17 18 19 20 21 22 23 r-? 29 V 25 56 57 ?a ,C CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. L I '? Off Reporter - - - - - - - - - - - - The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. 6d,l -(4 La-nb Date E. Robert Elicker, II Divorce Master `Y 5. 1 ..: ?.: ?: y f?i. S L'i d', b +' KAREN ENCK, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA W. EUGENE ENCK, Defendant CIVIL ACTION - LAW : NO.95-6316 CIVIL TERM : IN DIVORCE PPL SERVICES CORPORATION DEFINED CONTRIBUTION PLANS QUALIFIED DOMESTIC RELATIONS ORDER And Now, this I LI? day of S ? It Let, 2001, in accordance with the stipulation of the parties attached hereto, t e following Qualified Domestic Relations Order is hereby entered in the above captioned case: 1. Parties to Divorce Action. The parties in this action are the parties specified below. The Participant is W. Eugene Enck Jr. The Participant's address is 1271 Sandy Lane, Boiling Springs, Pa. 17007. The Participant's social security number is 176-34- 8842. The Participant's date of birth is August 23, 1944. The Spouse is Karen Enck. The Spouses address is 18 South Baltimore St., Mt. Holly Springs, Pa 17065. The Spouse's social security number is 266-96-3497. The Spouse's date of birth is August 20, 1948. 2. Plans . This order (the "Order") applies to the following plan(s): PPL Employee Savings Plan, hereinafter referred to as the "Plan" or "Plan(s)". 3. Interpretation and Construction of Order. 3.1 The parties intend this Order to constitute a "Qualified Domestic Relations Order," within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). The provisions of this Order shall be administered and interpreted in conformity with section 414(p) of the Code and section 206(d)(3)(B) of ERISA. 3.2 Nothing in this Order shall be construed to require the Plan(s) to provide: a. Any type or form of benefit, or any option, not otherwise provided under the Plan(s). b. Benefits to Alternate Payee (as defined in Paragraph 4) in an amount that exceeds the amount of benefits that the Plan(s) would be required to pay with respect to the Participant if the Order did not apply. C. Benefits to Alternate Payee (as defined in Paragraph 4) which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. 3.3 This Order is made pursuant to state domestic relations law 23 Pa. C.S.A. Sec. 3502. 4. Alternate PaYee. This Order creates or recognizes the existence of the right of Alternate Payee (as hereinafter defined) to receive all or a portion of the benefits payable with respect to Participant under the Plan(s). For purposes of this Order, Alternate Payee is (check one): _X_ 4.1 Spouse. 4.2 Participant's child. 4.3 A dependant of Participant, other than Spouse or Participant's child Alternate Payee shall provide the Plan Administrator with timely written notice of the name and address of changes. 5. Amount of Distribution to Alternate Payee. The amount to be distributed to Alternate Payee from Participant's Account in the Plan(s) shall be determined as provided in this Paragraph 5, and shall be paid in the form as described in Paragraph 6, commencing on the date as described in Paragraph 7 (check one, and fill in the applicable blank or blanks): [Note: if the Order applies to more than one Plan, separately identify each Plan and the amount awarded from such Plan. Note that 5.1 and 5.2 can NOT be used for the Employee Stock Ownership Plana 5.1 X_ 5.2 Fifty (50%)% of Participant's vested Account in the Plan, determined as of date of distribution, 2001. 5.3 shares from the Participant's vested Account in the Employee Stock Ownership Plan provided that the amount to be distributed shall not exceed the value of Participant's vested Account in the Plan(s) determined as of the date of distribution, and determined without regard to any outstanding loans to Participant. 6. Form of Distribution. The distribution to Alternate Payee contemplated by this Order shall be made in any form permitted by the Plan(s) and elected by the Alternate Payee, except a joint and survivor annuity. If no election is made, distribution shall he in a single sum. Notwithstanding the foregoing, if the value of the Alternate Payee's interest in any Plan does not exceed $5,000, the Alternate Payee shall receive a single sum payment from such Plan. 7. Distribution Date. The distribution to Alternate Payee contemplated by this Order shall be made as soon as administratively practicable following the Plan Administrator's determination that this Order is a Qualified Domestic Relations Order. No distribution shall be made before the expiration of the period during which any interested person has a right to appeal the Plan Administrator's determination that this Order is a Qualified Domestic Relations Order, unless such period is waived in accordance with procedures adopted by the Plan(s). 8. Death of Alternate Pavice. If Alternate Payee dies before distribution is made pursuant to Paragraphs 6 and 7, the benefits to which Alternate Payee is entitled under this Order shall be paid to a beneficiary (or beneficiaries) named by the Alternate Payee. The death of Alternate Payee before the Plan Administrator determines that this Order is a Qualified Domestic Relations order shall not affect the right of Alternate Payee's beneficiary to benefits from the Plan(s) as described in this Order, provided that the Order is ultimately determined to be a Qualified Domestic Relations Order. For the purposes of this Order, the term "beneficiary" shall mean the individual or entity identified below, or any other individual or entity named by Alternate Payee in a written notice to the Plan Administrator, or in the absence of any effective designation, Alternate Payee's estate. All distributions pursuant to this Order shall be consistent with the requirements of section 401(a)(9) of the Code. For the purposes of this Order, Alternate Payee's beneficiaries shall be: Name: William E. Enck Address: 43 E. Penn St., Carlisle, PA 17013 Soc. Sec. No: 16248-0675 Name: Brian M. Erick Address: 3071 White Ash Trail, Orlando, FL 32826 Soc. Sec, No: 170-52-8787 Name: Michael J. Enck Address: 43 E. Penn St., Carlisle, PA 17013 Soc. Sec. No: 201-60-2711 9. Death of Participant. The death of Participant before benefits to which Alternate Payee or Alternate Payee's beneficiary are entitled under this Order have been paid shall not affect the right of the Alternate Payee or Alternate Payce's beneficiary to benefits from the Plan(s) as described in this Order. 10. Continuing Jurisdiction. The Court shall retain jurisdiction to amend this Order for the purposes of carrying out the intent of the Parties as reflected in this Order and to establish or maintain the status of the Order as a Qualified Domestic Relations Order. Either party to this Order may apply to the Court for such amendment. 11. Continued Qualified Status of Order. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Section 414(p) of the Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to confirm the qualified status of the Order at the time benefits become payable hereunder. 12. Constructive Receipt. If any of the benefits assigned to the Alternate Payee are inadvertently paid to the Participant, the Participant shall immediately reimburse the Alternate Payee to the extent of such benefits. Further. until the Alternate Payee has received the benefits assigned to him/her pursuant to this Order, the Participant shall make no election inconsistent with this Order concerning such benefits. BY THE COURT cc: Taylor P. Andrews, Esq., 78 W. Pomfret St., Carlisle, PA 17013 61, 3.0? Karen Enck, 18 S. Baltimore St., Mt. Holly Springs, PA 17065 KAREN ENCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW W. EUGENE ENCK, : NO. 95-6316 CIVIL TERM Defendant : IN DIVORCE PARTIES' STIPULATION FOR A PPL SERVICES CORPORATION QUALIFIED DOMESTIC RELATIONS ORDER In accordance with the Marital Settlement Agreement of the parties already filed of record, the above named and undersigned Parties, KAREN ENCK, Plaintiff, and W. EUGENE ENCK, Defendant, hereby agree to the entry by the Court of Common Pleas of a QUALIFIED DOMESTIC RELATIONS ORDER to divide Defendant's PP&L Employee Savings Plan, which order shall be in the same form as the order attached hereto prepared for the signature of a Judge of the Cumberland County Court of Common Pleas. The approval of this form QDRO by the PP&L Ian Administrators is attached e;o as c ibit 1 Witness: K en Enck, Plaintiff Date W. Eugene E eten a D e ?? KAREN ENCK, Plaintiff-Respondent vs. W. EUGENE ENCK, Defendant-Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 95-6316 CIVIL TERM IN DIVORCE PETITION TO MODIFY AND/OR TERMINATE ALIMONY AND NOW, this 9 h day of November, 2009, comes the Defendant and Petitioner herein, W. EUGENE ENCK, by and through his counsel, R. Mark Thomas, Esquire, and files this Petition to Modify and/or Terminate the Alimony previously ordered by this Court, and in support thereof, respectfully represents: 1. Defendant and Petitioner, W. EUGENE ENCK, currently resides at 4942 Eleanor Drive, Frederick, Maryland 21703. 2. Plaintiff and Respondent, KAREN ENCK, currently resides at 51 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17015. 3. The parties hereto were previously married, but a Divorce Complaint was filed under this term and number on November 2, 1995. 4. The Divorce Complaint filed by the Plaintiff made an economic claim for alimony. 5. All economic issues were referred to the Cumberland County Divorce Master who after hearing filed a report with the Court on January 31, 2001. 6. No exceptions were filed to the Master's Report and on March 5, 2001, a Divorce Decree was entered into the record. 7. Concurrent with the entry of a Divorce Decree, a Court Order was issued which directed the Defendant, W. EUGENE ENCK, to pay to Plaintiff, KAREN ENCK, alimony in the amount of $1,200.00 per month. The Court Order further stated that the amount and duration of alimony would be subject to modification and termination on petition of either party as allowed under Section 3701(e) of the Domestic Relations Code. 8. The award of alimony to the Plaintiff and the amount thereof was premised upon a finding that Defendant had a net monthly income in the amount of $4,200.00. 9. According to the Master's Report which had been filed with the Court, the Plaintiff had an expectation of receiving a substantial inheritance and "the receipt by wife of her inheritance may be a change of circumstance of a substantial and continuing nature as to require review of the amount of wife's alimony entitlement". 10. Defendant-Petitioner hereby asserts that due to the following changes of circumstance which are of a substantial and continuing nature, a modification and/or termination of alimony is warranted. 11. The changes of circumstance relied upon by Defendant-Petitioner such that would justify a modification or termination of alimony are as follows: A. Defendant-Petitioner's net monthly income has been significantly reduced due to his retirement from PPL; and B. Plaintiff-Respondent's father is now deceased and Plaintiff-Respondent has received a substantial inheritance such as was referred to in the Master's Report. 12. Due to Defendant-Petitioner's fixed income which is considerably less than the income relied upon by the Master when the Master submitted his report and findings of fact, the continued requirement that Defendant-Petitioner pay $1,200.00 per month in alimony works a substantial financial hardship on the Defendant-Petitioner. 13. Defendant-Petitioner avers that the changes of circumstances set forth above warrant a modification or termination of the alimony currently being paid from Defendant-Petitioner to Plaintiff-Respondent. WHEREFORE, Defendant-Petitioner, W. EUGENE ENCK, hereby prays that this Honorable Court will schedule a hearing at which time the Court will receive evidence on the changes of circumstances and make a ruling on this Petition to Modify and/or Terminate Alimony. Respectfully submitted, R. Mark Thomas, Esquire Attorney 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: 717-796-2100 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities. Date: November 2009 W. EUGENE C K CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the within Petition to Modify and/or Terminate Alimony on the following person by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, First Class Postage pre-paid, addressed to: Karen Enck 51 Brian Drive Carlisle, PA 17015 Date: November 9, 2009 R. Mark Thomas, Esq. THE 20cgHov NOV 10 znnQ eA KAREN ENCK, Plaintiff VS. W. EUGENE ENCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 95-6316 CIVIL TERM IN DIVORCE ORDER AND NOW this 0 day of November, 2009, upon consideration of the within Petition to Modify and/or Terminate Alimony in the above-captioned case, a hearing is scheduled to be held on the // QL day of , 20 d, in Courtroom No. at ?C o'clock aAs/p.m., at which time the Court will receive evidence concerning this Petition. cc: "R Mark Thomas Esquire Counsel R wren Enck, Plaintiff-Respondent (24> t E s •vt %a c ?£c? /l l3lO?j RV the rmirt ry Al I r KAREN ENCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW W. EUGENE ENCK, Defendant NO. 95-6316 CIVIL TERM ORDER OF COURT AND NOW, this 8'' day of January, 2010, upon consideration of the attached letter from Bradley L. Griffie, Esq., attorney for Plaintiff, the hearing previously scheduled for January 11, 2010, is CONTINUED GENERALLY. Counsel are directed to notify the Court by motion if a hearing in this matter is required or when a settlement has been reached. BY THE COURT, ? Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ? R. Mark Thomas, Esq. 101 S. Market Street Mechanicsburg, PA 17055 Attorney for Defendant rc (20pl'es r7l 111 LL 'esley Oler, Jr., J. ca o , _, I rn1.. 'd ` r rt _ N cr; In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KAREN E. ENCK ) Docket Number: 95-6316 CIVIL Plaintiff ) vs. ) PACSES Case Number: 475101153 WILBUR E. ENCK JR Defendant Other State ID Number: Order AND NOW to wit, this FEBRUARY 3, 2012 it is hereby Ordered that: i one The Domestic Relations Section dismiss their interest in the above capt d alimony matter pursuant to the demise of the Defendant on January 31, 2012. 7:n, CIN C7, -. ,-, The alimony account is closed with a balance of $14,089.30 owed to the Q Plaintiff. N BY THE COURT: '?\ t ?? V M-L. ^t Jr JUDGE Service Type M Form OE-520 02/11 Worker ID 21205 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 FEBRUARY 14, 2012 Fax: (717) 240-6248 Plaintiff Name: KAREN E. ENCK Defendant Name: WILBUR E. ENCK JR -o Docket Number: 95-6316 CIVIL lot- o° PACSES Case Number: 475101153 z Other State ID Number: 5- Please note: All correspondence must Include the PACSES Case Number. ZC Cpl C' Certification of Arrearaae I, R. J. Shadday, hereby certify that arrearages on the above case as of FEBRUARY 14, 2012 total $ 14,089.30 14 Date Signa a i Form EN-003 Service Type M Worker ID 21205