HomeMy WebLinkAbout01-0086 FX
';:''C'\_;,'c,i,''''
.
. .
.. .
.
;f. ;f. ;f.;f.;f.;f.
;f.;f. ;f.;f.
Oli:f. Oli:f.ffi
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNA.
STATE OF
.
ANNAM. ECKARD
.
Pl~intiff
VERSUS
WALTER E. ECKARD,II
.
.
.
nf'ff'nrl~nt
.
.
.
.
.
.
.
.
.
AND NOW,
.
.
NO.
86
CIVIL
2001
DECREE IN
DIVORCE
\~1~
;ZUV' , IT IS ORDERED AND
.
DECREED THAT ANNAM. ECKARD
, PLAINTIFF,
.
.
.
.
AND
WALTER E. ECKARD, II
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; lJO!li\.Q..
The Marital Settlement Agreement dated July 9, 2001 is incorporated into but not
merged into this Decree in Divorce.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
-
IFI:
~.
By THE rt-~RT:
ATTEST:
~~~P'OTHONOTA':
~ ;f.~~~;f.~ ;f.;f. ;f.;f. ;f.;f.;f. ;f.
;f.;f.;f. ;f.;f.
.
. ~.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
iif
E$
tf
~"."m'
. ,
"I' Ii'. .1' 'lil"'i!".-w.I"i";i'j/'!1:;1'Fi!l\'!1
. . .,..., ..... .".'tJliii'iiI"'Wu'j'rl. .. ..... ..._... ...
.~ .r:z ~ ~IS 9'IF-L
~r t$ ~ 4.; -n /i? '/~'L
.~,.. '. S'. ,.....s,... . " . .""s",,"''''''''..,,,'''' .
''''''''''''''''''''')''''
,"' ,-' '",-
, ,,"-,--
, '~--~.: ~ ~ ,I. -, "" ,. -: ~"-:~"~,~~,~w,' -,-.'-,-, ^_ ,"
-.,
" '1,"j"-~r;r:'
-
v.
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-86 CIVIL TERM
ANNAM. ECKARD,
Plaintiff
WALTER E. ECKARD, II,
Defendant
: CIVIL ACTION - DIVORCE
PRAECIPE TO TRANSMIT RECORD
UNDER ~ 3301(e) OF THE DIVORCE CODE
To the Prothonotary:
Transmit the record, toge1her with the following information, to the Court for entry of a divorce
decree:
1. Ground for divorce: irretrievable breakdown under ~ 3301(c) of the Divorce Code.
2. Date and manner of service of the complaint:
(a) Date of service: January 9, 2001.
(b) Manner of service: Certified Mail, Restricted Delivery, Return Receipt
Requested
3. Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code:
(a) By the Plaintiff: July 9, 2001
(b) By the Defendant: July 10,2001
4. Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record:
(a) By the Plaintiff: July 9,2001
(b) By the Defendant: July 10, 2001
5. Related claims pending: NONE
DATED: July 22, 2001
JbB~
Attorney for Plaintiff
!'~'
r'1 '~
"1',.
~
,
~
F~
~lI!I'I'F",
,. .Ii'i
. ~~IIIIlfJIl!II!IW!'I$j!l'i!i'~,In_il"l!1'>'-1"i,",'r.;;'"'""f""!T'91"_:''''',~\1-F''~f'',j!1f.!~WimW~I5_" , "l'!lH'I5'I':I!\I!I;f'l''"~~,"'''fO'~,",,_',", ~ _~
'"""--
. . ...~'c'..""'''lilllM
I'
Vin -^_"'""i1'-;'iO",,<jhf?~~\l'j~i ;,[;;- ,;"
(-
'-<,
I :U
.
. ,
ANNA M. ECKARD,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
; CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
WALTERE. ECKARD, II,
Defendant
: NO. 01-86 CIVIL TERM
: IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
AGREEMENT, made this q day Of~, 2001, between ANNA M.
ECKARD (hereinafter called "Wife") and W ALTER E. ECKARD, II, (hereinafter called
----
"Husband").
WITNESSETH:
Diverse unhappy diffeTences, disputes and difficulties have arisen between the parties and
it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives,
and the parties hereto desiTe to settle fully and finally their respective financial and property rights
and obligations as between each other, including without limitation: (1) the settling of all matters
,I
"
between them relating to the ownership of real and personal property; (2) the settling of all
,~
matters between them relating to the past, present and future support and/or maintenance of Wife
~k
----
by Husband and of Husband by Wife; (3) in general, the settling of any and all claims and possible
claims by one against the other or against theiT respective estates.
'['i
'~1
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, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
___m'__,,=~ .~. ... ,_, ~ ~
,~"
--- i
_> "e'~ ,,~_
1. ADVICE OF COUNSEL
The provisions of this Agreement and theiT legal effect have been fully explained to the
parties by their respective counsel, Nora F. Blair, EsquiTe, for Wife, and Karl E. Rominger,
Esquire, for Husband. Each party acknowledges that she OT he has received independent legal
advice from counsel of her or his selection and that each fully understands the facts and has been
fully informed as to heT OT his legal rights and obligations and each party acknowledges and
accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered
into freely and voluntarily, afteT having Teceived such advice and with such knowledge 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.
2. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall
be free from all control, restraint, interference or authority, direct or indirect, by the other in all
respects as fully as if she or he were unmarried. Each may reside at such place or places as she or
he may select. Each may, for her or his separate use OT benefit, conduct, carry on and engage in
any business, occupation, profession or employment which to her or him may seem advisable.
This provision shall not be taken, however, to be an admission on the part of either Wife or
Husband of the lawfulness ofthe causes which led to, or resulted in, the continuation of their
living apart. Wife and Husband shall not molest, harass, disturb OT malign each other or the
respective families of each other, nOT compel or attempt to compel the other to cohabit OT dwell
by any means or in any manner whatsoever with her or him.
2
'\. .
"<"""_="'__"_"'_'-~,-"~W'? - . .,-,-,_, ,yo - . ,_I~' 1.-
, -I' ~
. .,.,,"-~ .
3. PERSONAL PROPERTY
Husband agrees to transfer to Wife upon execution of this Agreement, without furtheT
consideration and free and clear of all liens and encumbTances:
(a). Wife is to receive a 1997 Protege for heT exclusive use and benefit, and husband will
pay any financing or amount remaining due on said vehicle giving it to Wife free and clear.
(b). Husband agrees to pay Wife $4,000.00 cash upon signing ofthis Agreement and
$5,800.00 within thirty (30) day of the entry of a decree in divorce in the Court of Common Pleas
in this matter, less any amount he has paid above and beyond the $4,000.00 at the time of the
signing of this Agreement but before the final installment becomes due and payable.
(c). Husband is to receive and keep his 401(k) benefits, his retirement account(s), any and
all stocks, accounts and otheT property now in his name.
4. REAL PROPERTY
Wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in
the real estate situated and located at 1090 Oyster Mill Road, Camp Hill, Pennsylvania. FTom the
date ofthis Agreement, Husband agrees to assume as his sole obligation any and all mortgage
payments, taxes, claims, damages or otheT expenses incurred in connection with said premises,
and Husband agrees and covenants to hold Wife harmless from any such liability or obligation.
Wife agrees to execute a deed transferring sole title of property to husband after the signing of
this Agreement and upon request of husband.
3
{::
'C-',
''''-'l,,' -~"'i',-"""_,_~.",,,~", ..,~ -, ';~-""-'-l'[wl"'-"_" __,,,,,,~,. -,- _oc,_'",,' "'-'1'
-I'
-".. .,t_C:'_,e,_
,,,-
5. LIABILITIES
Each party Tepresents that they have not contracted any debt or liability for the other for
which the estate of the other party may be responsible or liable, and that except only for the rights
arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which
the otheT party or the estate of the other party, will be liable. Each party agrees to indemnifY or
hold the other party harmless from and against all future obligations of every kind incurred by
them, including those for necessities. Wife and Husband each covenant, warrant and represent
and agree that each will now and at all times heTeafter save harmless and keep the other
indemnified from all debts, charges and liabilities incurred by the other prior to or after the
effective date of this Agreement, except as may be otherwise provided by the terms of this
Agreement.
6. TAX LIABILITIES
Husband and Wife agree to file separate returns for the calendar year 2000; and if either
party is entitled to any refund hereunder, each shall be entitled to the proceeds thereof of their
respective returns. Should there be a tax liability, it shall be Husband and Wife's obligation to pay
for any tax liability for 2000 for their Tespective returns. Husband further agrees that he will be
responsible and hold Wife harmless for any contingent liabilities on joint income tax returns
pTeviously filed by the parties before the tax return of the calendar year 2000, and will agree to
pay any claim or expenses arising out of such returns or liabilities, unless additional liabilities are
found to be attributable to misrepresentations or failures to disclose the nature and extent of
4
, ~I
, . ,-1 ""."",- .,," ,,~" ,1~""--' " ,~~, _-,'i'O, I., '" ~,_,_,__ ,. _' _, C"
,_.--
" .
'-.-><.
Wife's income as it may appear on said previous tax returns. It is the intent of the parties that this
agreement have no tax consequences other than above stated.
7. NO BAR TO FURTHER PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a
limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or
to such defense as may be available. It is agreed that this Agreement shall not be impaired by any
divorce decree which may be granted but shall continue in full force and effect notwithstanding
the granting of any such decree. This Agreement is not intended to condone and shall not be
deemed to be a condonation on the part of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy differences which have occurred prior
to or which may OCCUT subsequent to the date hereof.
8. MUTUAL RELEASE
Wife and Husband 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, titles 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 whateveT natUTe and wheresoever situate, which she or he 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 natUTe of dower or curtsey or widow's or widower's rights, family
exemption or similar allowance, or under the intestate laws, or the right to take against the
5
'",.~,',~"." <':~'"":'J"~:'~-"--'->'~,~Frl'--'-'"'_-- ,_o""','~~ -,
~- '--,"
>.-,
,,'~
spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of a sUTViving spouse to participate in a deceased spouse's estate, whether arising under the
laws of (a) Peunsylvania, (b) any State, Commonwealth or territory of the United States, or (c)
any other country, or any rights which Wife may have or at any time hereafter have for past,
present OT future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or
expenses, whether arising as a result ofthe marital relation or otherwise, except, and only except,
all Tights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any theTeof. It is the intention of Wife and Husband to give
to each other by the execution of this Agreement a full, complete and general release with Tespect
to any and all property of any kind or nature, real, personal or mixed, which the other now owns
or may hereafteT acquire, except and only except all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any
thereof, subject, however, to the implementation and satisfaction of the conditions precedent as
set forth herein above.
9. BINDING EFFECT OF AGREEMENT
This Agreement shall remain in full force and effect unless and until terminated 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 not be construed as a waiver of any subsequent default of
the same or similar nature. Any modification of this Agreement will be agreed upon by both
parties and in a written form, signed by both parties.
6
'-I ',_ ",' ","O",'~~'C,=,"~_=_'_' .C
~'~4",,._1TI"1>_.",_ ""_,"~__,, '''',_~ '-',' _, I ,..-
d_
~",-
_, _0',0""",. ~_,",_,
'-. . ~ ,
10. CONTROLLING LAW
This Agreement shall be construed in accordance with laws of the Commonwealth of
Pennsylvania.
11. BREACH OF CONTRACT
This Agreement shall be in full force and effect and failure of either party to abide by said
Agreement will result in breaching party paying costs and expenses, including attorney fees ofthe
effected party.
12. SUCCESSORS' RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be binding upon and inure to
the benefit of the parties hereto, their respective heirs, executors, administrators.
13. SEVERABILITY
If any term, condition, clause or 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
her or his obligations under anyone or more of the paragraphs herein, with the exception of the
satisfaction of the conditions pTecedent, shall in no way avoid or alter the remaining obligations of
the parties.
14. AFFIDAVITS AND NOTICE OF WAIVER
,
,j
"j
When requested by either party an Affidavit of Consent and a Notice of Waiver will be signed
7
, '~m"
. ~,
"'-, -~ - '~""-'I'!l'H"~' .~, -e, .'-
,..,
'- ~
to execute the finalizing of the Divorce and which this Agreement will be incorporated into but
not merged into.
14. DISCLOSURE OF ASSETS
Both parties agree they have had ample opportunity to review the assets of the other party. Both
parties agree they are satisfied with the disclosures made, and as such enter into this agreement,
without further duty of disclosure, and knowingly waiving informal and formal discovery as
available in a litigated divoTce action.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as
parties hereto, acknowledge the receipt of a duly executed copy hereof.
fh- ~fI 4Jf
Anna M. Eckard, Wife
;I~
Witne
kla/lt:~
Walter E. Eckard, II, Husband
8
'.
.,*,i~,-O'>"'~-"_',l,~ ,_,. ,_",_"._ ,,,,"~,_~, "~" 'I~I"', ."'". '._.'~n
- :,. <. , '~'. ','-
--~ '<,-. ,. ,
.
. ---' -'-~ .,
.",".'"
.
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
On this, the q!>!- day of
9-'7
,2001, before me, the
subscTiber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of
Cumberland, personally appeared Anna M. Eckard and in due form of law acknowledged the
above Agreement to be her act and deed and desired the same to be recorded as such.
/~ ,leA
Notary Public
Nora F. ~otarlal Seal
Lower PaxtOn ~r, Notary Public
My Commission ~xP'" Dauphin County
pires May 10, 2003
9
, ^ ,~,
-,~-:,-,,' '-" ,',. "-- ,'-. ""."
,-""_-<:_"I"!'I-,.>...,
,_ _, w~~ ''--~'"
. " ---.. ~ -,,-
"~, -~ .-- ,- "',
.
.
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
On this, the I D day of
~
,2001, before me, the
subscriber, a Notary Public fOT the Commonwealth of Pennsylvania, residing in the County of
Cumberland, personally appeared Walter E. Eckard, II and in due form oflaw acknowledged the
above Agreement to be his act and deed and desired the same to be recorded as such.
No IC
Notarial Seal
Us.a M. Greason, Notary Publio
Ca~lsle Bora, Cumbe~and County
My CommissIon Expires Sept. 9, 2002
10
.-~ f, . ~~-__'7r:""'/,-'::"'c',-,,~,,:-,-;"_'~'~1\'~ -~ 'f''" _",~__'I?I'I ~,~~_,_ .'.,.<
"" -"'I'
" -"r~,~_',,, "'''_~~ <,_~," _d
ANNAM. ECKARD,
Plaintiff
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
; NO. 0/ - th
CiUL'L T~
WALTER E. ECKARD, II,
Defendant
: CIVIL ACTION - 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 or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of marriage
counselors is available in the Office of the Prothonotary, Cumberland County
Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
d
q ~- ",.,
.-
v.
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
~ NO. <91- n ~ /UA^^
ANNAM. ECKARD,
Plaintiff
WALTER E. ECKARD, II,
Defendant
: CIVIL ACTION - DIVORCE
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is Anna M. Eckard, who resides at 115 Charlotte Way,
Apartment 303, Enola, Pennsylvania.
2. Defendant is Walter E. Eckard, II, who resides at 1090 Oyster Mill
Road, Camp Hill, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents of this
Commonwealth for at least six months immediately previous to the filing of this
Complaint.
4. Plaintiff and Defendant were married on January 2, 1982, in Naples,
Italy.
5. The parties have been living separate and apart since on or about
July, 2000, a date prior to the filing of this Complaint.
6. There have been no prior actions of divorce or for annulment between
the parties.
-,~
.
'I I.
,
7. Neither of the parties in this action is presently a member of the
Armed Forces on active duty.
8. Defendant is a citizen of the United States.
9. Plaintiff has been advised of the availability of marriage counseling
and of the right to request the Court to require the parties to participate in such
counseling. Being so advised, Plaintiff waives the right to request that the Court
require the parties to participate in counseling prior to a Divorce Decree being
issued by the Court.
10. Plaintiff avers that this ground on which the action is based is that
the marriage is irretrievably broken.
WHEREFORE, Plaintiff respectfully requests that Your Honorable Court
enter a Decree of Divorce.
COUNT I
EQUITABLE DISTRIBUTION OF MARITAL
PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE
II
"
Ii
Ii
I
,
:1
i
I
I
i
I.
I
I
I,
!;
I
,
i
1.
The prior paragraphs of this pleading are incorporated herein by reference
thereto.
2.
The parties have accumulated various items of property both real and
personal during the marriage.
3.
Upon information and belief Defendant has various items of premarital
property that have increased in value during the marriage.
'~_ "_n" ~ < =, ~,_F-r__c. c' .
1""'1
- f'-
,- ~ "
4. The parties have been unable to agree upon an appropriate distribution of
the marital assets.
5. Plaintiff desires that the Court equitably divide, distribute or assign the
marital property between the parties in such proportion as the Court deems
just after consideration of all relevant factors.
WHEREFORE, Plaintiff respectfully requests that Your Honorable Court
enter an Order equitably distributing the marital property pursuant to Section
3502 of the Divorce Code.
COUNT II
ALIMONY PENDENTE LITE, COUNSEL FEES,
COSTS AND EXPENSES UNDER SECTION 3702
OF THE DIVORCE CODE
6. The prior paragraphs of this pleading are incorporated herein by reference
thereto.
7. Plaintiff is unable to sustain herself during the course of litigation.
8. Plaintiff lacks sufficient property to provide for her reasonable needs and
is unable sustain herself through appropriate employment.
9. Defendant has sufficient resources available to sustain himself, pay his
counsel fees, costs and expenses and provide assistance to Plaintiff for her
support, counsel fees, costs and expenses.
10. Defendant is in a better position to provide for Plaintiff than Plaintiff can
provide for herself.
.:~
~.
, ., ,~~"""""
11. Plaintiff desires that the Court enter an award of Alimony Pendente Lite,
Counsel Fees, Costs and Expenses after considering all relevant factors.
WHEREFORE, Plaintiff respectfully requests that Your Honorable Court
enter an award of Alimony Pendente Lite until final hearing and that the Court
enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs
and expenses pursuant to Section 3702 of the Divorce Code.
DATED: f - 3- 0,
,u~~
Nora . Blair
Supreme Court ID 45513
5440 Jonestown Road
Post Office Box 6216
Harrisburg, PA 17112-0216
(717) 541-1428
~, Q, .
d
'7;1'1'l'1
91'1
"............
~-
-'''~"
~~l
~"1f!I
_u~,_" '
--'q'~
'-e-.'-' "-""', .' """--"<~'C "',-., '-"'-, ""0",",':' ';;;"'"11." '--""1'" _;-Jl--'
()
~
'"o,"c,
t{t
:2:'" -~
..c"t,
~5
--I
''"'(
C)
-
':>
- ~I
.r.-:-~
'~':-J
!:-
'-.
:(]
,
~~~_~IiI!!MIl-!~ffi.w.lI"~'-"';"'"Of;'''ff''!YW'''~'~'-~-''~'''A'I!IJ''fE~ZI'l1I~~~~~",!F'l, ~.
"~
~..
"
v.
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-86 CIVIL TERM
ANNAM. ECKARD,
Plaintiff
WALTER E. ECKARD, II,
Defendant
: CIVIL ACTION - DIVORCE
AFFIDAVIT OF SERVICE
I, Nora F. Blair, Esquire, hereby certify that a true and correct copy of the
Complaint in Divorce was served on the Defendant by certified mail, restricted
delivery, return receipt requested, on January 9,2001, addressed as follows:
Walter E. Eckard, II
1090 Oyster Mill Road
Camp Hill, Pennsylvania 17011
The return receipt card is attached hereto marked Exhibit "A" and
incorporated herein by reference.
DATED: I, J 0 - 0 I
/1
~~<~c)
ora F. Blair
Supreme Court ID 45513
5440 Jonestown Road
Post Office Box 6216
Harrisburg, PA 17112-0216
(717) 541-1428
{r~.~ _I
.--~ ,
,_~ "1'1'"1
. ,
,
-.
,.1'
:r ',~ c' ")_' .,.. __"
. --' ~~ ,"~
n. ~'_ ._'\'..-'_.'.'_',....._ _~.,_ _ '_ "~~
i
;;
I
II
IS
'D
tl
f.
_ _ ._ "_:_!lIn.-1 sndlor2feradditionaJ.8eJ-Vlces.
-(i:omplete itBI11S 3. 4a. - and 4h.
. Print your name and addrest on the reverse of this form so that we can return this
c;ardtoyou.
-Attach this .form to the front of the mailp!ece, or on the back If space does not
penn".
-Write-Return Recsipt Requested- on the mallplece below the article number.
-The Return Aeceipt will show to whom the article was deliv~red and the,: date
delivered.
I also wish to~ethe .
Iilllowlng services (Iilr an
'eXtra fee):
1. 0 Addressee's Address
2. 9f'Restricted Delivery
Consult postmaster Iilr fee.
3. ArtloIe Addressed to:
'~
JrJlJlkt:. Ii. Edt:.#O 1l
/(jdJl Ot.S'k
OHm/' //7// / II} /7tJ//
~
5. Received By: (Print Name)
k
"
~
JI
it
"
.
,
\
,
8. Addressee's Address (Only if requested
and fee is paid)
lO:i595-97.B.()179 Domestic Return celpt
EXHIBIT "A"
"
.-1-1"--'
I' I
~
k
oS!
"
o
,..
...
c
..
~
'''''
e
-"" =-'--
~!l\IIt'liJ!lM.~"..,.",,.~~"__~,,,_~,~_ '_'~ l'I!lll1t~~4IL_~
1''''''-''
"~
'" , ~ ,,-,." ,"~ .J 0 ,'~ ,,-
"~,.-, -,-'""_'~'_J,j 'lb, "",,'~",i", """'-Jl("~'_"rr
~
'\,
j,
o
c
,...
-ou5
ninO!
Z:x-_'
z,
~~2:;
~Ci
-.
z(~
s:;C
c:
Z
.:;!
c
-<
~
"~
~~~lfflItmJ:II!~Umtll1ilq,I$~<W!~om-'5N'i"<t~""'''-''_';=~''''~YJI'~~_'''''1~"r~,",",m"~"'~~:W~'!!!lll","'ij!!~~'CR'J~~.Ili'iI"OO~.
v.
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-86 CIVIL TERM
ANNA M. ECKARD,
Plaintiff
WALTER E. ECKARD, II,
Defendant
: CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under section 3301(c) of the Divorce Code was
filed on January 4,2001 and served on January 9, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the filing of the Complaint and service of the
Complaint on Defendant.
3. I consent to the entry of a final Decree of Divorce after service of
Notice of Intention to Request Entry of Divorce Decree or at any time after the
signing of this Consent if I have also signed a Waiver of Notice of Intention to
Request Entry ofa Divorce Decree Under Section 3301(c) of the Divorce Code.
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. H904 relating to unsworn falsification to authorities.
DATED: K /4 i ;;> l>o I
tf}ala{&.
WALTER E. ECKARD, II
Defendant
'"!"'lI~""1 J I
~, ,.." '"
I'
v.
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-86 CNIL TERM
ANNA M. ECKARD,
Plaintiff
WALTER E. ECKARD, II,
Defendant
: CNIL ACTION - 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 concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is
granted.
3. . I understand that I will not be divorced until a Decree of Divorce is .
entered by the Court and that a copy of the decree will be sent to me immediately
after it is flIed with the prothonotary.
I verify that the statements made in this Mfidavit 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.
DATED: ~ 10,:2.';01
W~f~~
WALTER E. ECKARD, II
Defendant
''''''''''"-''
v.
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-86 CML TERM
: CMLACTION - DIVORCE
ANNA M. ECKARD,
Plaintiff
WALTER E. ECKARD, n,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under section 3301(c) of the Divorce Code was
filed on January 4, 2001 and served on January 9, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the filing of the Complaint and service of the
Complaint on Defendant.
3. I consent to the entry of a final Decree of Divorce after service of
Notice of Intention to Request Entry of Divorce Decree or at any time after the
signing of this Consent if I have also signed a Waiver of Notice of Intention to
Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code.
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
Fa.C.S. H904 relating to unsworn falsification to authorities.
DATED: /
7~ ~ - 0 (
a - 0 )7, 'fr1(
~M. ECKARD
Plaintiff
,
'l ,~, 1_' ",
. ,~""" ,- ,
-< -I" .1 . '~'.I
,
"
-,,,- '" ~
-
~ - <.~<" ,"",'.
",
,.
"""Q
~-.'"
'=0'
...........AML
....-.' "",,.-,~' ~. -" ""-,,-., '-
~
-~,--
" ~~
c') (:.J
~
c
".
---:.
,".,.
~ , .
. .~ -'.'. , .;,"
t'"J- __
-~l
"-c,)
.....J
r'"
=."'m~"ft"".,:tr1';_''''''~1"~",,,f,";';q;lt~lI!l';~~I!!';li<\~'''~~~m!''''L-''''_",,,,!"~~!lJ!
v.
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-86 CML TERM
: CIVIL ACTION - DIVORCE
ANNAM. ECKARD,
Plaintiff
WALTER E. ECKARD, IT,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OFA 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 concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is
granted.
3. I understand that I will not be divorced until a Decree of Divorce 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 Waiver 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.
DATED:
7- 9 ~
I
0/
fb %- 1J:f-
ANNA M. ~CKARD
Plaintiff
~~~ "
.' ,~ ,"-y
,-,
c
,,:
,1'1
. I;'
."f'."
H'
"'
r",,'
--
..~
_'-I,: I'. ".,
.~ ^
~. .(:
.;"
...
,,'
i'
lIlIlIlJI!l.
^
'>.>-'
~
>;",-,'."
-""""-~'- "~-' ""'~' ~ -""-,-*
.." ~, -." .. ''',,'"'~~
"..
:~
"-,
"".
c.
-',,\
,'-'-.
,'-"J
. 1_1~-l''''';.''l1!I''-ff'11'~.?T~",_T''~f'')~1''f-llW-m.Wn~~~1:fjIflI!'Af_U~.11!1''_l!lI!JI,!!!!',~
v.
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
C;u t-( Y02..YvJ
ANNAM. ECKARD,
Plaintiff
.
: NO. 01- ?~
WALTER E. ECKARD, II,
Defendant
: CIVIL ACTION - DIVORCE
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as attorney for the Plaintiff in the above-
captioned case.
Respectfully submitted,
DATED: 1- 3- 0)
h'-,---..
"
Nora . Blair
Supreme Court ID 45513
5440 Jonestown Road
Post Office Box 6216
Harrisburg, PA 17112-0216
(717) 541-1429 (fax)
(717) 541-1428
"'-'''''''',.- ,~". ~--_,'i';"".'~:> '-"'_',1~_~_"".~, "nl"'!'l',.
"1
E
I
i
"
~~",.
'., ~c"" ^-~,., ;~ ;e'-"
", "~,.. "",.',,;' , cl" ~~ -,
"0"' ~ .. ,. "'Y'" _ ,,~ ':>"...~"',',~
u.
k'A
G
C
?
-o;=r--
rniT
L:T
2:r,~
(n..,,~'__
-<...-.:::..
GC~
::-
)>(-..
~~::~
,.~ ,,_'""'~_","~"< ',,_v. '''' ''.--_'"''0,",.'' ".' ~I~'
c.:'
..,;:>
t:"~
~/
,--
-'
-~
,~~ .~~~I.t '''llil
-
,BIl'JlI!IItl!l'l"""", ~!,!",*",~~'jIl;",,~!"""!'>'''f';''V'''''''''''i''"'Ol''''''W''_W~Wi<l~~~!lliI;;1'!!!!l~1!'~,lf!_",,~~~'lI!j!
v.
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-86 CML TERM
ANNAM. ECKARD,
Plaintiff
WALTER E. ECKARD, II,
Defendant
: CML ACTION - DIVORCE
SOCIAL SECURITY NUMBERS FOR THE PARTIES
1. The Social Security Number for Plaintiff, Anna M. Eckard, as provided to
me is 195-62-1773.
2. The Social Security Number for Defendant, Walter E. Eckard, II, as
provided to me is 184-48-3271.
Respectfully submitted,
Dated: {/,
"2 '2 L DCY
J
No F. Blair
Supreme Court ID 45513
5440 Jonestown Road
Post Office Box 6216
Harrisburg, PA 17112-0216
(717) 541-1428
'll_,
~, ~-.- .I-~I"
.
. .
:f. ,Inli if. if.
if. if. if. if. if. if. "''''''''''if. "'if. "''''if. "'if. if. "'if. "'if. if. if. if. "''''if.
.
.
IN THE COURT OF COMMON PLEAS
.
.
.
.
OF CUMBERLAND COUNTY
PENNA.
.
.
.
.
.
.
STATE OF
ANNAM. ECKARD
.
.
.
86 CIVIL
2001
No.
PlAintiff
.
VERSUS
.
.
WALTER E. ECKARD. II
.
DpfpnnAnt
.
.
.
DECREE IN
DIVORCE
.
.
.
.
.
.
AND NOW,
, IT IS ORDERED AND
.
.
.
.
.
DECREED THAT ANNAM. ECKARD
, PLAINTIFF,
AND
WALTER E. ECKARD, II
, DEFENDANT,
.
.
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
.
THE: COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
.
.
The Marital Settlement ~reement dated July 9, 2001 is incorporated into but
.
.
not merged into this Decree in Divorce.
.
.
.
.
By THE COURT:
.
.
.
.
.
ATTEST:
.
.
.
.
PROTHONOTARY
. .
.
.
.
if. "'''''''if. "''''if. if. if. "''''if.
"'if. Of. if. if.'*' if.
'~'':'''~=''~'' 1- 'n~. __'."_' ~,~",7' ,~
.
l'r'I-' 'r,' ,~
,
J.
"'if. "'if.
"''''''';+;
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.