Loading...
HomeMy WebLinkAbout00-03879 . C',. ~" ".0 "'C' "' 'fil,.,........ ... , . . . . ,.,,.,:f. ,., ,., . ,.,,., ,.,,., ,.,,., ,.,,.,,.,,., ,., ,.,,.,,.,,., IN THE COURT OF COMMON PLEAS . . OF CUMBERLAND COUNTY SHERI A. PECHART, PENNA, STATE OF . . Plaintiff N 2000-3879 o. Civil Term . VERSUS . JEFFREY K. PECHART. Defendant . . . . DECREE IN DIVORCE . AND NOW, /1, I~ " ., .-- 2000 L<'c~~ ........ , IT IS ORDERED AND DECREED THAT SHERI A. PECHART , PLAINTIFF, AND JEFFREY K. PECHART , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, . ',,<>"" .,': ,., ,.,:f. "'~:,; . . . . . . . . . . . . . 2000,~ . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . The attached Property Settlement Agreement, dated October 12, is hereby incorporated, but not merged, into the Divorce Decree. OTHONOTARY ,., "',., :f. :f.;Ii"'''' '" '" '" '" . . . .. . . . . . . . . '" :f.'" "'''' :t:T. -'"~. ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . ".~^' ~ "~,' '_J" ~"' e_,' "~< """"",,..'_',~,~'.." ~,-'.J"'o_ ~. _ .;. "~';"'~_ I \1 '11 ;" ;i1 :f~ '~1 ,.:-".. " =~ -"'.',' -'" ',", . . ,- '~"""'~~"-"'=~'\":;'J ",",,, ."'-,. ',"-- '""",,; ~, .J ''t- '. ..~ ,,:'t; .' !t) ,,;4:a:; W t~ ~ -$ ,)(5, ItJ 'dJ - t'tJ '1l~ j41~ -;;6 dfI .- . ,'-'. ,,-'.,., ," ' , . ~J!\l!!llIl1ll ~~,~m~~ --~ ~M'. ~ ''''''" ' - .u . _m,.-,~, -'-"i;'~ PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this I ~ ~day of ~ooo by and between SHERI A. PECHART of Cumberland County, Pennsylvania (hereinafter referred to as WIFE), and J:EFFREY K. PECHART of Cumberland County, Pennsylvania (hereinafter referred to as HUSBAND) , WHEREAS, HUSBAND and WIFE were lawfully married on May 27, 1982 in Cumberland County, Pennsylvania; and WHEREAS, one (2) children were born of this marriage, namely: AMANDA C. PECHART, born August 18, 1982; and SPENSER C. PECHART, born June 26, 1990; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between ,,'~' , -- ~,: them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to past, present and future support and alimony; and in general, the settling of any and all claims by one against the other or against their respective estates, NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. Separation: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2, Interference: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to 1 " " ~ ' ,t"-_ carry out the provisions of this Agreement, Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other, while living separate and apart, 3, Subsequent Divorce: The parties acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County, Pennsylvania, to docket number 2000-3879 civil Term, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) of the Divorce Code. The parties hereby waive all rights to request Court- ordered counseling under the Divorce Code, It is specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code, 2 " - ~, i_~'" Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, It is specifically agreed, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference, but not merged, into any divorce, judgment or decree, It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4, Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the day upon which it is executed by the parties if they have each executed the agreement on the same date, Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement, 3 ~, , - , - "~. ,'-- , &, -" , ,. "-", '"., 'Ilk 5. Distribution Date: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 6, Mutual Release: HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a survi ving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, 4 ~ ~ - ~" ~, -.~' Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof, It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all right and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania 5 ~;~2;_;".'-5\F,,~ I' '-;';"-Uil1-- _:.,{;i;-, Divorce Code or the divorce laws of any other jurisdiction, Advice of Counsel: The provisions of this Agreement and 7, their legal effect have been fully explained to WIFE by MARYANN MURPHY, ESQUIRE, counsel for WIFE, HUSBAND has knowingly, willingly and voluntarily waived his right to counsel. HUSBAND understands that he has the right to have an attorney of his choice review this Agreement before it is executed, HUSBAND and WIFE acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements, 8 , Warranty as to Existincr Oblicrations: Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement, Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore 6 --,-- "-"'( '"-b\l1iI<...ill, been incurred by them, including those for necessities, except for the obligation arising out of this Agreement. 9, EXISTING DEBTS: HUSBAND agrees to be solely and exclusively responsible for any and all debts in his individual name, and for any monies owed for the parties' Toyota which was repossessed, HUSBAND further agrees to indemnify WIFE and hold her harmless from any and all liability for same, WIFE agrees to be solely and exclusively responsible for any and all debts in her individual name, WIFE further agrees to indemnify HUSBAND and hold him harmless from any and all liability for same. 10, Warrantvas to Future Oblicrations: HUSBAND and WIFE each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable, Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 7 "." __" ._-.i ~ ., !i.~"""-. 11. Personal Property: The parties acknowledge that they have already divided their personal property between themselves; HUSBAND shall become the sole and exclusive owner of all personal property currently in his possession, and WIFE shall become the sole and exclusive owner of all personal property currently in her possession, HUSBAND and WIFE agree that the above division of property is mutually acceptable to them. Neither party shall make any claim to any such item of marital property, or of the separate personal property of either party, except as provided for in this Agreement, which will be in the possession and/or under the control of the other at the time of the execution of this Agreement, Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph, Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the execution of this Agreement; and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy 8 .,. .-" ~ ~J;,- or certificate of insurance or other similar writing is in the possession or control of the party at the time of the execution of this Agreement, 12, Motor Vebicles: The parties agree that HUSBAND shall be solely and exclusively responsible for any and all monies owed for the parties' Toyota which was repossessed, HUSBAND agrees to indemnify WIFE and hold her harmless from any and all liability for same, The parties acknowledge that the 1992 Chevrolet Cavalier, currently titled in WIFE's name and driven by the parties' daughter, Amanda, was purchased after the date of separation and shall remain the sole and exclusive property of WIFE. 13, Pension/Retirement Benefits: HUSBAND and WIFE acknowledge that HUSBAND shall become the sole and exclusive owner of any and all pension/retirement benefits he has accrued during the course of the marriage. WIFE agrees to execute, upon request, any and all documents necessary to effectuate the terms of this agreement, The parties acknowledge that WIFE has not accrued any pension/retirement benefits during the course of the marriage. 9 " , -~ 14, Health Insurance: HUSBAND agrees to provide medical insurance coverage for the parties' children: AMANDA and SPENSER for so long as it is available to him through his employer, HUSBAND further agrees to provide medical insurance coverage for WIFE until the Decree in Divorce has been issued by the Court. HUSBAND agrees to provide to WIFE, in a timely manner, all information regarding COBRA for WIFE's continued medical insurance coverage through HUSBAND's employer, 15, Life Insurance: The parties agree that HUSBAND shall name the parties' children, AMANDA and SPENSER, as beneficiaries of his life insurance policy through his employer, HUSBAND agrees to maintain said policy with these named beneficiaries until SPENSER reaches the age of eighteen (18) years or graduates from high school, whichever shall last occur, 16. After Acauired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 10 "0 ,,'" ''''"~; 17. Applicability of Tax Law to Property Transfers: The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses, The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act, 18. Alimony: HUSBAND agrees that he shall pay to WIFE the sum of fifty ($50,00) dollars per week in alimony beginning the first Monday after the Decree in Divorce is entered and ending only upon WIFE's remarriage, or the death of HUSBAND or WIFE. The parties agree that alimony payments, and enforcement if necessary, shall be through the Domestic Relations Office of Cumberland County, Pennsylvania, 19. Waiver of Alimony Pendente Lite, and Counsel Fees: Each party hereby waives any right to alimony pendente lite. 11 ~ . - -'H,,< 0<1>_ WIFE agrees to file a petition to terminate spousal support within ten (10) days of the execution of this Agreement, with the effective date of termination being the date of the execution of this Agreement, WIFE further agrees to provide a copy of this Agreement to the Domestic Relations Office of Cumberland County, Pennsylvania regarding alimony payments as per paragraph number 18 herein, The parties agree to be responsible for their own attorney's fees, 20, Full Disclosure: HUSBAND and WIFE each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of every type whatsoever in which such party has an interest, and of all other facts relating to the subject matter of this Agreement. 21, Disclosure and Waiver of Procedural Riqhts: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all. of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such 12 .'" property valued by means of appraisals or otherwise. Both parties understand that they have the right to have the Court hold hearings and make decisions on the matters covered by this Agreement, Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement, Both parties waive the following procedural rights: a, The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code; b, The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code; c, The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital; d, The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and 13 . ,c.._ _n", .~ ij" expenses, 22, Waiver of Modification to be in WritinQ': No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 23, Mutual Cooperation: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement, 24, Applicable Law: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement, 25, AQ'reement BindinQ' on Heirs: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26, InteQ'ration: This Agreement constitutes the entire 14 ." ., . -, l~il_ understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein, 27, Other Documentation: HUSBAND and WIFE covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, This Agreement shall remain in 28 . No Wai ver on Defaul t: full force and effect unless and until terminated under and pursuant to the terms of this Agreement, The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein, 29, Severability: If any term, condition, clause or 15 ~ = .ur - -4' .- provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, Likewise, the failure of any party to meet his or her obligation under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties, 30. Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, The party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement, 31, Headinqs Not Part of Aqreement: Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its 16 - ~'~ " , , ~"~"I~ '''ll.e''C meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year first above written, /o-/z-()tJ Date !t).12 " fJ7) Date ~(t1 Wit es ' .--// ~ K. PECHART ~\\~~ ~~ SHERI '. PECHARTL, 17 . ,-, ~, -- .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff : No. 2000-3879 Civil Term v. JEFFREY K. PECHART, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To The Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: L Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code, 2, Date and Manner of service of the Complaint: Sent to Defendant on June 23. 2000 by U,S, first class mail. oostage ore-oaid. certified/restricted deliverv, Received bv Defendant on Julv 3.2000, 3, Complete either paragraph (a) or (b), (a) Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code: by Plaintiff, October 13. 2000; by Defendant, October 13. 2000, (b)(1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiff's Affidavit upon Defendant: N/A, 4, Related claims pending: All claims have been resolved bv the Prooertv Settlement .' , " J, ,. I .. Agreement dated October 12.2000, 5, Complete either paragraph (a) or (b), (a) Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached: N/A (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 23. 2000, (c) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 23. 2000, Plaintiff's Social Security Number: 177-60-4085 Defendant's Social Security Number: 184-50-3367 ~~Wre LEGAL SERVICES, INe. 8 Irvine Row Carlisle, PAl 70 13 (717) 243-9400 LD, # 61900 J~ ~~ . 'A~~J,'4l~~~IIfll/iil1ii~.~~~b;,ti!iWll_i'....!WfWt~~.t""~""""""''''' IJIi!llIillll '" ~,' c ~"" ~~ wo' 1!I!I!!l__ 0 ~,-' '.,.1 ~;; C) -n .<- a III " "-, Lr:-:: --1 L. , .<... i'.) -, U, ......~ ~~~ '-0 ,- "':;.>' ).:>- c:;.. w -;;-...- ::> ::::::1 ~.1J -< , [) -< "',' ~'- I .. ~~ ce IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff . ; No..(CX)o-3?19 Civil Term v. JEFFREY K. PECHART, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~ -i. - -~, "'-=~^- ~- ""',;I\!ll\<' Le han demandado a usted a la corte, Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra suya, Se has avisado que si usted no se defienda, la corte tomara me9idas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier que ja 0 alivio que es pedido en la peticion do demanda, USTED PUEDE PERDER DINERO 0 PROPIENDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED, LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of I 990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the Court, You must attend the scheduled Conference or Hearing, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PAl 70 13 (717) 249-3166 , - '"'""-" ""~..:',, -,--,~, ". 'Yk. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff : No. ()-(J.3f7Q Cw.ze f~ v. JEFFREY K. PECHART, Defendant : IN DIVORCE COUNT I COMPLAINT UNDER SECTION 330Hc) and 330Hd) OF THE DIVORCE CODE AND NOW comes SHERI A. PECHART, by and through her attorney, Maryann Murphy, Esquire of Legal Services, Inc., who respectfully avers as follows: 1. Plaintiff is SHERI A. PECHART whose current address is 4183 Cove Court, Mechanicsburg, Cumberland County, Pennsylvania. 2, Defendant is JEFFREY K. PECHART whose current address is 1133 Laurel Avenue, Camp Hill, Cumberland County, Pennsylvania. 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint, 4. Plaintiff and Defendant were married on May 27, 1982 in Cumberland County, Pennsylvania, 5, There have been no prior actions for divorce or for annulment between the parties. ,> ,- . "..,mr''''''Il'''.-;;..i- 6 . Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 7. The marriage is irretrievably broken. 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 requests this Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 10, plaintiff hereby incorporates by reference all of the averments contained in Count I of this Complaint. 11. Plaintiff and Defendant are the owners of motor vehicles, retirement benefits, etc. acquired during the marriage which is subject to equitable distribution by this Court. 12, Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. ',,:--- Ii".""",, 13, Plaintiff requests this Court to equitably distribute the parties' marital property, COUNT III CLAIM FOR ALIMONY ONDER SECTION 3701 OF THE DIVORCE CODE 14, Plaintiff hereby incorporates by reference all of the averments contained in Counts I and II of this Complaint, 15. Plaintiff does not have a sufficient source of income or earning capacity at the present time to maintain the standard of living enjoyed by the parties during their marriage, 16. Defendant does have a sufficient source of income and earning capacity to aid Plaintiff in maintaining the standard of living enjoyed by the parties during their marriage, 17, Plaintiff requests this Court to grant her alimony to enable her to maintain the standard of living enjoyed by the parties during their marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; and b. equitably distributing all property owned by the parties hereto; and I'-~ c, d, ,"'i ~ "',. granting alimony to Plaintiff; for such further relief as the to be equitable and just, and Court may determine Respectfully submitted, Maryann Murphy, Esquire LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 LD, # 61900 Attorney for Plaintiff fc' ,'~-= - ,- ~ ~-~-i-;c I, SHERI A. PECHART, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c. S, Section 4904, relating to unsworn falsification to authorities, (rr l-:droo ~'~A- SBER~. PEbHART Date "\7; f'~ , ,- - "'~ ~ -- --\i-ill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff : No. v. JEFFREY K. PECHART, Defendant : IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must me a counterclaim within twenty (20) days after this affidavit has been served on you or the allegations will be admitted. AFFIDAVIT OF PLAINTIFF UNDER SECTION 3301 (d) OF THE DIVORCE CODE I, The parties to this action separated in October of I 997 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 marital property, attorney's fees or expenses if! do not claim them before a divorce is granted, I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. iJ- - 7- dJ::cD ~'J~ ' SH :~. P~RT Date 't, " -"~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff : No. v. JEFFREY K. PECHART, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that a true and correct copy of the within Divorce Complaint and Affidavit of Plaintiff under Section 3301(d) of the Divorce Code was mailed to the Defendant, JEFFREY K. PECHART, by first class U.S. mail, postage pre-paid, certified/restricted delivery, addressed as follows: Jeffrey K, pechart 1133 Laurel Avenue Camp Hill, PA 17011 Respectfully submitted, MUrphy, LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LD, # 61900 Attorney for Plaintiff "' ,.,. "..:.....,,~" _j ,'__,,___"'- H1~~i'FlIl!mi~j;:<I~,\H;;Mt~~ ",..l," "K"-~&'-., ._~ ~ _~"d '..ml ~:F?>: :;~ ~.r C7: -< r;: ~~~~ S>C'_:_' ;",'1 ~ FI ~II ~rl ~I ill 1:1' ~: 1",1 [::1 Ifl 11,1 I! I ! II ~ ~ () c' c::: ....".. I !,."I [I I I I ;'C'~' '"'..' , '-,~ ~ , ,n,-; -':' (n ,,~ ~~, ". - ,~~"...' "- ,~'~, " ~ .Il!l.:",'-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW SHERI A, PECHART, Plaintiff ; NO, ;;000 - 38'79 Civil Term v, PRAECIPE TO PROCEED IN FORMA PAUPERIS -rJ Q) ~:;: .r.:;:'" (f:: ~; ~c! 5:2 /~ --; ....,.".., '0 1',,-.- : IN DIVORCE JEFFREY K. PECHART, Defendant ',",- ~, ,. To the Prothonotary: ',> CL Kindly allow, SHERI A. PECHART, Plaintiff, to proceed in forma pauperis, I, Maryann Murphy, Esquire, of Legal Services, Inc" attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party, The party's affidavit showing inability to pay the costs of litigation is attached hereto, Vru ~!At.l Maryann M rphy, Esquire Legal Services, Inc, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LD, # 61900 Attorney for Plaintiff " - ~ - --. "::, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHERI A, PECHART, Plaintiff : NO. ll'O' 3 S 7'1 Civil Term v, : IN DIVORCE JEFFREY K. PECHART, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1, I am SHERI A. PECHART, the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding, 2, I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation, 3, I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: SHERI A, PECHART Address: 4183 Cove Court. Mechanicsburg. PA 17055 (b) Social Security Number: 177-60-4085 If you are presently employed, state N / A Employer: N/A Address: N/A Salary or wages per month: N/A Type of work: N/A , ~""";' If you are presently unemployed, state Date of last employment: 12/99 Salary or wages per month: $8,50 per hour Type of work: Receptionist (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: -0- Dividends: -0- Pension and annuities: -0- Social Security benefits: -0- Support payments: $866,00 Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: -0- Other: -0- (d) Other contributions to household support N/A If your (husband) (wife) is employed, state (Husband)(wife) Name: N/A Employer: N/A ~ . " ," - ,- ,-- ~~ Salary or wages per month: Type of work: Contributions from children: N/A N/A -0- (e) Property owned Cash: Checking Account: Savings Account: Certificates of Deposit: Real Estate (including home): -0- -0- $8,00 -O- N/A Motor vehicle: Make Chevrolet Year 1986 Cost $3.500,00 Amount owed -0- Stocks; bonds: Other: -0- -0- (t) Debts and obligations Mortgage: N/A Rent: $635,00 Loans: -0- Monthly Expenses: $1.200,00 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A \~ w' Children, if any: Name: Amanda Age: 17 Age: 9 Name: SDencer 4, I understand that I have a continuing obligation to inform the court of improvement in my fInancial circumstances which would permit me to pay the costs incurred herein, 5, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, 4904, relating to unsworn falsifIcation to authorities, Date: IJ.. - r Jed) s c ""'"~ ~,...,~~ -""rr~.d~lijj~'""-b~',",,,,""'~ ~-'" ~'~. .. o ~ ~~?::: fi:rT: Z;-:(1 7C- ~~;~ ~Cl ~,f? PC :z ~ t''''''''' ~s L:;: :".) f""':': ~';) ~"" 'T' l ~ ~ , ~ , t ~, ~' f; ~jj '" Ii !I ., , i i i i I ii 'I I I " . ~. .' -',-=-,,1 ,-) :;-...\ "D -< ,.- ,.-" .,- "~'i.liII0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff : No. 2000-3879 Civil Term v. JEFFREY K. PECHART, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 22, 2000, 2, The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service ofthe 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, Section 4904 relating to unsworn falsification to authorities, \0- \~-;;).oo() Date ~~ ~~+ SHE A. PECHART ~..:..v illIi""~'!illrWil.Ili!!IIIIlIIi~.jlli.~~!oil"'o!r,",~.."!i:\i-'i\!jct:!t.J.::,j~~' - = ~- " -;:-;" '- ~~IT: /~F-- 0'2 ;:;, ':,'S :,:.' ~ -:~... ( ~~~, --, '"'''''!>II;-''' (') (::::J c::) o C) -,,>1 C) -, --..\ 'i ;-......1 c..::' ."0 c.) :::> ~-_! r-~' "n - ~~ ~~ - ,~ ~"O 1:;2i~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff : No. 2000-3879 Civil Term v. JEFFREY K. PECHART, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I, I consent to the entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted, 3, I understand that I will not be divorced 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 18 Pa,C.S, Section 4904 relating to unsworn falsification to authorities, \0- \~-~OZl Date ~~ ~~~'n~* SHE A. PECHART iW..,..;', ~-"'~llI'llifl(~lililS~ilJiOOi~i~Iw~_t.:':;-li!Iia-liihM."'~~~j,j;g~';oil..cl,&j['mltl ,"> ..' ,,~"'~= =, n ,~ ~.~ , l ~ " "'-..-~""" ~ . 'f -0\.:\" C~:~ e-! f3i;,. :"::,~l c "'\-~ ~. s~~~ -;,,- :cc~ ...z !ti1iJiiiidillHiM o C -;cc.. (~) c:: :::::> (1 "..; r~.) <'.....-:; '''"lIiiIIit ("~, ~ Co.) ..'") -\'~ ~~:.~ -- :::> ~.-3 ~ < ~IU- . ~1IiSiIII ~'I:ii!iqliiijb:"lli" , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff : No. 2000-3879 Civil Term v. JEFFREY K. PECHART, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 22, 2000, 2, The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service ofthe 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, Section 4904 relating to unsworn falsification to authorities, /t1-/3 -(jf) Date .~u iiiiJ' Ji:Jui1." ......,.""O! ~~1Il ~ tl!i1~I~_~M";o.,,~'lil;;\","',",,,_~~i~1li1lllf ...._..~" ,--- _.~ . ~ -~~ ~ l!fuI ~.~~ .~"'" ~._' :__'1 1 ( (') C) , C C.:,) " 00: C) -\:J j~-~.'1 0.:1 c; '-'4 " L~ -- ?~ i'J ii' ~, (F! ., C..:. , -< , C) r- , of: . --".- "'n ~2 i,cc i7;; J::.. :"J .<'~-- => -,-1 .-.- .-.....! , " ,,--,. .'--",-' '-" - ~:ih!'!r': . <. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff : No. 2000-3879 Civil Term v. JEFFREY K. PECHART, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I, I consent to the entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this Affidavit are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, Section 4904 relating to unsworn falsification to authorities, /1) -/:1 -CTZI Date ~ .' ~- 'lr ~,' ~'iltilieilill-'~"~'V'" " - "'''-'"''''''';''~=''~'ii~~i!liii~MdI.''~'''''~.'~'' ,,' ,',;- ............"'......:.. .. , .........~,;,'~ ~_ 0.-. 'II II II :1 0 <:;~:; ~;:: l~ U D C) rl >"-~1 :""1'J -<.'" u :?~ ;~'>,) n "'/"1 (,,~. Q :.:< ,- "-~j ~::) ~-- -:')' ~ -'f ! h ,..,. C~ l0 'J nl ~~ => :?,3 :IJ -, ,..j --<": -0 '" en -.l' 'T1 )> gOB' 3 -9(D' '" Z o:>-S;>3 ~ '" .....lo --1Ji: E" '0 -< ~ (00-= ~ ?~ ~ - . ~, \J~ Og "I:::" r~" =9-:. o :0 9l. c: ~.- 3 :0 . o m -S ~ ~ ~ " ~ " 0: ill -=----~- ~ -0 ~ \0 :tf , I~ ~7k= <" ' :-" . . . s: ~Q~~~g-9 ~ ~'~::r;a.33 )> _::Js.'<'~"O 0.. i5s:""g~S[ ~ _U).~""'l:Dt'tl ~ gCl(')~m~ ([l _~~3:r.3 a. :;;:;0...... CD ~cn 9: {go~~8.~ ~::r3o.a~ <D~S-~~~ -gClCDg..<o. 3~Qm~~ ~S.a~ U'j";e . ::T 6':::S g. ~ ro<< :r22.g 30CD@ ~.F@P.~ -g: rti CD " ~ - " m " " " oJ V' r ..:I -' Q -<= - (2) ~~ ~ ~ I "'\ --- :;!?" !:l )( ''''-''''''' litE . 'U~'- , - ....J~~l~~i - ,',. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff : No. 2000-3879 Civil Term v. JEFFREY K. PECHART, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: 1, That I am an adult individual residing in Cumberland County, Pennsylvania, 2, That on June 23, 2000, I sent by U,S, first class mail, postage pre-paid, . certified/restricted delivery, number 7099 3400 0004 52 I 67429, a 3301( c) Complaint in Divorce to the Defendant, JEFFREY K. PECHART, at the following address: Jeffrey K, Pechart 1133 Laurel Avenue Camp Hill, PAl 70 11 3, That on July 3,2000, the Defendant was served with the Complaint in Divorce as evidenced by his signature on the green card, number 7099 3400 0004 5216 7429, which is attached hereto, ~"ire LEGAL SERVICES, INe. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 LD, # 61900 I~ ~ ) ^,~- liIIl~liIHlWlilh~!~",*~"',f"""~",.,,,-,~,,,,,,;,,.,~,-,,",,&,,,,,,'tl,,,,,j!;;,~~,~v.dt.\i!i~ ~ , p ..dlIi_IIl!l( ...... -_r ~~~ ~~~_MIIiI_1S.~'f\t ,~~~ ~~ liIiIiJi:: c:) :~) t:J " l1 C) ,;"") rn .,~,-j L. i ~.:: ::-z ,) .-" (0 c.-..: ) 'S.J ::'.:::: <-- C) c~ .~ " .', " ~1") . .,~- C -;~ C - C) ::--.", S S'~J i_) rT( ,.,,--\ :;.., "r> :<( ::u _J -< '. , ( ~ . ~ . ~.- .~" - - '..ll . ''''';''(;',''""i''''i''\''~''F' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW SHERI A. PECHART, Plaintiff : No. 2000-3879 Civil Term v. JEFFREY K. PECHART, Defendant : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in Divorce on the 25th day of October, 2000, hereby elects to resume the prior sumame of Sheri A, McClain, and gives this written notice pursuant to the provisions of 54 P,S, Section 704, Date: I/-:;J,. _e.. ~~ ~ 9. .\e.<:i-- SHE ANN PECHART ~~. \-:~~ SHE~NN McCL~ . COMMONWEALTH OF PENNSYLVANIA: : ss: COUNTY OF CUMBERLAND On the k..I day of I1l /7J~ ,~.(. , 2000, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained, In Witness Whereof, I have hereunto set my hand and official seaL ~~~-:~AJA~ Notary Public . NOT ARIAt. SEAL PATRICIA A SHATTO. Notary Public Carlisle BOlO, Cumber/and County My Commlslion Expir.i December 17. 2001 LS__l1!Iiii\llIIII:'.' -- " .1";~!!illi.j[I,,,,'j"!jm"''' J~~ ,.!.L'" III~I IIf ~~'~~11Il -- - ~ () (::> 0 ~ ~ <:) '-n -J :z: ".-\ -oOJ ;::) ~ii~ mrn "c ""'-- ~ z::o I ''''-;1;\1 0- G> zr:;:; N -nO 1>0 ~Z S-),(~) W ,<:0 :t:'" -,::-["i ~--n -J::::: :zO :x <:;0 !? ..,..- rt1 0 :1>8 s ~ -:sL ~., w 55 """ '< 1=5 _ c~. y'''' ;-' ),...11 ..~T". ~, ~ ...<