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Home My WebLink About97-04437 . .. ~ ~ ~ o ~ ~ .d 1.ii - . - ::t . ... r- It) "j :r . r- ~ , ~l I i ! i: I i \ , , , T I /. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UY f1tEO-OFFlCE r- -,~ ~',"'n ,~..')-t.RY ,- ," 1'-'" .. o. ., ,~, 11"1 I ...., ,.,. .~ . .J , 91 AUr, 14 HI 4: 09 MICHAEL W. EICKHOFF, Plaintiff CLi1l . '''l' . , ."''''' I'''''' , a :\;:r' ,.".:; ".\.iu"ll P-""l,t('\II \""'11 t:1...1.r,JIL.If"':'i~\ v. 1/5 gJ~L71L'" !:'- m r4' :W1ri,J,.;:( LEANDRA J, EICKHOFF, Defendant 1997 IN DIVORCE CIVIL ACTION-LAW t!i~6"3~/ RIo;(! 5si//S' t....t"t" f~ (ll\l\l[N MRlC I\' ~';(tlf.R[K t' .,t.'t ....,.-m...!Mtf I t.UUt"-lt f'l...........H\,""'I~l;-l1I' and marital debt and related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, Husband is represented by Michael A. Scherer, Esquire, who is his separate legal counsel and he has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support, and Wife is represented by William C. Felker, Esquire, who is her separate legal counsel and she has been advised regarding her respective property rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. NOW, THEREFORE, the parties hereto intending to be legally bound hereby, do covenant and agree as follows: 1. The parties agree to the entry of a Decree in Divorce pursuant to Section 3301 (d) of the Divorce Code. Both parties have previously executed and filed the requisite Consents with the Court indicating their desire to be divorced Husband's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement. the other party may, at his or her option. declare this Agreement null and void. 2 2. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. 3. The parties agree that each of them have incurred substantial debt in the past, and that debt continues to be owed to numerous creditors. Much of the debt which is presently in the names of the parties is marital debt, while some of the debt presently in the names of the parties was incurred after the parties began living separate and apart. Husband has retained Robert L. O'Brien, Esquire, to file a Chapter 7 bankruptcy action on his behalf, which bankruptcy filing shall be made without delay. Husband agrees to allow Wife to join in the Chapter 7 bankruptcy he is filing and Wife shall incur no legal or filing fees from Robert L O'Brien, Esquire, in connection with the Chapter 7 bankruptcy filing. Both parties must include all debt for which both of them may be liable in the Chapter 7 " bankruptcy for discharge, and either of them may reaffirm in their sole name any debts they desire in connection with the Chapter 7 bankruptcy. 4. Any individual debts not included in the Chapter 7 bankruptcy by either party shall become the sole obligation of the party in whose name the debt appears, and either party not including any such debt In the Chapter 7 bankruptcy shall indenvufy and hold harmless the other party to this Agreement 1 , " (") .0 0 r.; -' " ~, ~ ::;I -c._~ \-, 'iJ. U2t+; c;') ~t:. - tj, s:- . ~ -,:! C:CI :11 ,~ ~;c' .) - '~:M ,.. 'J ~;~ r:- ~ .. ~ - ~ .... OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 Norlh Hanover Street Carlisle, PA 17013 (717) 240-6535 I. Robert I"cker, II DIvoIC. Mesl" Treel .10 Col,er Ollie. UIIlICI.rtRtpOrt" West Shore 697-0371 Ex\. 6535 October 30, 1997 Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 William c. Felker, Esquire 1099 Nanroc Road Mechanicsburg, PA 17055 RE: Michael W. Eickhoff vs. Leandra J. Eickhoff No. 97 - 4437 Civil In Divorce Dear Mr. Scherer and Mr. Felker: By order of Court of President Judge Harold E. Sheely dated October 23, 1997, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on August 14, 1997, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On August 14, 1997, the Plaintiff filed an affidavit under Section 3301(d) averring that the parties have been separated for a period of at least two years, since January 1, 1995. On September 26, 1997, the Defendant filed a counter-affidavit indicating that she wished to raise economic claim.. On September 26, 1997, the Defendant did file an answer and counterclaim in response to Plaintiff's complaint raising the economic issue of equitable distribution. I will note that the motion for appointment of Kaster indicated that only groundS for divorce were an issue and the Kaster was appointed in the Court's order to deal only with grounds for divorce. I assume that counsel. by stipUlation, will agree that I can consider the equitable distribution claim Which has been raised. On that assumption, I am directing each counsel in aecordance with P.R.C.P. 1920.))(b) to file a pre-trial IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -. !'^ ~ ~- .,' . MICHAEL W. EICKHOFF, Plaintiff v. LEANDRA J. EICKHOFF, Defendant --------------------------- MOTION FOR APPOINTMENT OF MASTER NO. 97-4437 CIVIL TERM CIVIL ACTION-LAW IN OIVORCE LA.(",..-r~ () IIRtfJI. IWVC . 5rllrNl1 11_." ....tn1 "'-I" '.w''Il.f.I'f.M\l\\'1I/'OIA 17f1" Michacl W. Eickhoff. : IN TilE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA l'laintiff. ,"'I. : NO, 97-4437 CIVIL TERM Leandra J. Eickhoff. Defcndant. : IN DIVORCE DEFENDANT'S COUNTER.AFFlDA VIT UNDER 63301101 OF THE DIVORCE CODE I. Check either (al or (bl: :~) I do nol oppose Ihe entry of a di_oree decree, _(bll oppose the entry of a di,'oree decree because: (Check (i). (iil or both): .__ (i) The parties 10 this action ha_e nolli_OO separate and apart for a period of alleasl two years. _( ii) The marriage is nol irretrienbly broken. 2. Ch<<k either (al or (bl: ._Jall do not wish 10 make any claims for economic relief. I understand thaI I may lose rights concerning alimony, di_ision of properlY, lawyer's fees or expenses if! do not claim lhem before a divoree is granted, ~bl I wish 10 claim economic relief whkh may include alimony, division of properlY, lawyer's fees or expenses or other rights, I understand thai in addition 10 checking (bl aoo_e, I musl also file all of my economic claims with the prothonotary in writing IIJId sen'e them on the other parI). If I fail 10 do so before the date set for1b 01\ the Notice of Intention to llequesI Dinm:e Decree. the di_OKe decree may be etIlered without further delay. I verify lhat the _ents made in this cOIInler-alTtdavit are tnJe and correct. I unden\alld thai fahc ualemenlS ~in are made subjecl to lhe penallies or II Pa.C .S. i4'lOol relating 10 unsworn falsiflcalion to llIIthoritieS. IliIte. :\~l'2t11- ~ ('I.: '- ~ \" j) .,1 I l .-'.\ 4."(~ . L14Jt~.'f.J -_/;'__-11) Ic J.licUlotT J-'- ~ V NOTKt: " ,.tl\l IlO NoT \\IStt TO OppOSE mt: ENTRl' or " ot\'ORct.: DtCtlU .\ND 00 NOT \\lSIt TO MAKt: A!'i\ CLAIM fOR t('()!'lOMK' RtUn. \O\J SHO\lLD \'lOT nLl t"~ ('O\ll'4tttl-4fFlDA VIT, MICHAEL W. EICKHOFF, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 97 - 4437 CIVIL . LEANDRA J. EICKHOFF, . . Defendant . IN DIVORCE . ORDER OF COURT (C-fff- (i. 0/\ AND NOW, this ). day of j}1..-(/ f\1 , 1997, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated November 28, 1997, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, re t IE- ---- eel Michael A. Scherer Attorney for Plaintiff _ C~,,'h""" .~~ I~/lr/f?_ william G. Felker --I) ...t.t'. Attorney for Defendant and marital debt and related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, Husband is represented by Michael A. Scherer, Esquire, who is his separate legal counsel and he has been advised of his respective rights, privileges, duties I and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support, and Wife is represented by William C. Felker, Esquire, who is her separate legal counsel and she has been advised regarding her respective property rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. NOW, THEREFORE, the parties hereto intending to be legally bound hereby, do covenant and agree as follows: 1. The parties agree to the entry of a Decree in DIVOrce pursuant to Section 3301 (d) of the Divorce Code Both parties have previously executed and filed the requisite Consents with the Court Indicating their desire to be divorced Husband's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtatn the Divorce Decree In breach of this Agreement, the other party may. at his or her opbOn. declare this Agreement null and void 2 2, This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. 3. The parties agree that each of them have incurred substantial debt in the past, and that debt continues to be owed to numerous creditors Much of the debt which is presently in the names of the parties is marital debt, while some of the debt presently in the names of the parties was incurred after the parties began living separate and apart. Husband has retained Robert L O'Brien, Esquire, to file a Chapter 7 bankruptcy action on his behalf, which bankruptcy filing shall be made without delay. Husband agrees to allow Wife to join in the Chapter 7 bankruptcy he is filing and Wife shall incur no legal or filing fees from Robert l O'Brien, EsqUire, in connectIon With the Chapter 7 bankruptcy filing. Both parties must include all debt for which both of them may be liable in the Chapter 7 bankruptcy for discharge, and either of them may reaffirm in their sole name any debts they desire in connechon with the Chapter 7 bankruptcy 4. Any individual debts not Included In the Chapter 7 bankruptcy by either party shall become the sole obllg8tJon of the party In whose name the debt appears, and 8I1her party not includlng any such debt In the Chapter 7 bankruptcy shall indemnify and hold harmles$ the othef' party to this Agteement 1 5, Should either party reaffirm any debt for which both parties may be liable, the reaffirming party shall be solely responsible for the repayment of that debt to the creditor and the reaffirming party shall indemnify and hold harmless the non-reaffirming party for any such reaffirmed debt. 6. Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after execution of this Agreement. 7. The parties have divided between them to their mutual satisfaction all tangible and intangible property consisting of personal property, cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property. Husband specifically waives any interest ,. he may have in wife's WalMart stock. The parties hereby agree that all such tangible and intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property. Each party hereby expressly waives any right to claim any pensionlproflt sharinglretirement rights of the other, vested or contingent, each party to retain full ownership of such rights as hIS or her sole and separate property. 8 Both partl8S IV" that the hereinabove set forth Agreement constitutes an equstabIe dtslnbution of their marital property and debts and an eQUItable resolution of all otrlef economiC deims pursuant to the pI'OV1sions of the DIvorce Code . i:;~f'.~:~.~: Cr.. ., ""-/Sd 03 '...')\.1 "\'''~ ..It .!"::.,... .::1: ,"':' C..'.' "'~"" . t.. " , "l,i' t .' t ". $ ?,oo~d Q~ Fe-\br Lcwh M ~1(G/-' No. _ Term, 19 _ ~s, J'RAECfPE Filc<l 19_ . Ally. " 1 . ~..- . . ~ " .. .~ ~ 1..\ ,. "'l ~ ~ ~ ~~ ,. \, i. ~ ~ \. ~ . .. .'- is , "- .. - n z z ~I 0 ;! . m n >z 0 ~e c ~ i :cl~ ~ no 0"" ~~ c s ~I ~~ cI ~3 i ~"II . c< a m~ 3e .. ~ <.. ~ - ~ - . > ~~ - >