HomeMy WebLinkAbout01-1032 FX
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LAWRENCE W. PECHART, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01-1032-CIVIL TERM
SHIRLEY J. PECHART,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
~~
PETITION FOR ALIMONY PENDENTE LITE.
COSTS. COUNSEL FEES & EXPENSES
NOW COMES, Petitioner, Shirley J. Pechart, by her attorneys,
Purcell, Krug & Haller, and files the following Petitioner:
1. A Complaint in Divorce was filed on February 16, 2001.
2. On April 20, 2001, Petitioner filed an Answer with
Counterclaim wherein she seeks, inter alia, equitable
distribution, alimony, alimony pendente lite, counsel fees and
expenses.
3. Petitioner has retained counsel and will be put to
considerable expense in preparation for her case in the
employment of counsel and the payment of costs.
4. petitioner is without adequate funds to support herself
and to meet the costs and expenses of this litigation and is
unable to sustain herself during the continuing pendency of this
action.
5. Respondent has failed and refused to support Petitioner
adequately since the parties' separation.
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WHEREFORE, Petitioner requests this Honorable Court to issue
an Order directing Respondent to pay Petitioner adequate sums for
her support, as well as pay her counsel fees and expenses.
:URCELL, KRU~
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H6wa dB. rug, Esqui~'
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1 19 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Dated: Vlzs /01
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PURCELL KRUG AND HALLER
7172340409
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VERIFICATION
I, SHIRLEY J. PECHART, hereby verify that the facts
contained in the foregoing PETJ:'l'J:ON POR APL, COSTS, COUNSEL
FEES and EXpENSES are true and correct to the best of my
knowledge, information and belief. I understand that false
statements made herein are subject to the penalties of 18 Pa.
C.S_ Section 4904, relating to unsworn falsification to
authorities.
Date:
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CERTIFICATE OF SERVICE
I, ANGELA S. EATON, an employee of the law firm of Purcell,
Krug & Haller, counsel for Defendant, hereby certify that service
of the Petition for Alimony, Alimony Pendente Lite, Costs, and
Counsel Fees & Expenses was served upon the following by first
class regular mail on April
z9l1,
2001:
Johnna J. Kopecky, Jr., Esquire
26 West High Street
Carlisle, PA 17013
Attorney for plaintiff
~L~~~tkrn< Eacon
SAlOIS
SHUFF, FLOWER
& LINDSEY
ATIORNEYS'AT'LAW
26 W. HIgh Street
Carlisle, PA
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LAWRENCE W. PECHART, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No.614~IVIL TERM
SHIRLEY J. PECHART,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE
You have been sued in court. If you wish to defend against
I':, the claims set forth in the following pages, you must take
I prompt action. You are warned that if you fail to do so, the
,:
!i,11 case may proceed without you "and a decree of di vorce or
I, 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.
n
!I When the ground for the divorce is indignities or
ill
1'1 irretrievable breakdown of the marriage, you may request
II
ill marriage counselling. A list of marriage counselors is
'I available in the Office of the Prothonotary at the Cumberland
ill County Court House, High and Hanover Street, 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
SAIDIS,
Date: Jh~ I~. J..OO I
LINDSAY
By:
Joh J. K
Supreme Co t ID # 53147
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Plaintiff
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SHUFF, FLOWER
& LINDSEY
ATIORNEYS-AT-LAW
26 W. High Street
Carlisle, P A
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LAWRENCE W. PECHART, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. ~/- ICJ'-<CIVIL TERM
SHIRLEY J. PECHART,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OR 3301(dl OF THE DIVORCE CODE
1. Plaintiff is Lawrence W. Pechart, Jr., who currently
resides at 214 Ridge Hill Road, Mechanicsburg, Cumberland
County, Pennsylvania.
2. Defendant is Shirley J. Pechart, who currently resides
at 214 Ridge Hill Road, Mechanicsburg, 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. The Plaintiff and Defendant were married on
July 27, 1968 in Mechanicsburg, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The Plaintiff has been advised of the availability of
marriage counseling and the Plaintiff may have the right to
request that the Court require the parties to participate in
counseling. Having been so advised Plaintiff does not desire
the Court to order counseling.
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SAlOIS
SHUFF, FLOWER
& LINDSEY
ATI'ORNEYS-AT-LAW
26 W. High Street
Carlisle. PA
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7. The marriage is irretrievably broken.
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WHEREFORE, Plaintiff requests Your Honorable Court to enter
a decree in divorce.
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Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
By:
J opecky, Esquir
S reme rt ID # 53147
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for plaintiff
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SAIDIS
SHUFF, FLOWER
& LINDSEY
ATIORNEYSIATelAW
26 W. High Street
Carlisle. PA
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AFFIDAVIT
I, Lawrence W. pechart, Jr., being duly sworn according to
I law, depose and say:
(1) I have been advised of the availability of marriage
counselling and understand that I may request that the court
require that my spouse and I participate in counselling.
(2) I understand that the court maintains a list of
marriage counselors in the Prothonotary's Office, which list is
available to me upon request.
(3) Being so advised, I do not request that the court
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I require that my spouse and I participate in counselling prior to
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a divorce decree being handed down by the court.
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.
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SAlOIS
SHUFF, FLOWER
& LINDSEY
ATI'ORNEYS.ATeIAW
26 w. High Slr..t
Carlisle, P A
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VERIFICATION
I verify that the statements made in this Complaint 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.
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, a rence W. Pe art, Jr.
Plaintiff
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LAWRENCE W. PECHART, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO. 01-1032 CIVIL TERM
SHIRLEY J. PECHART,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Court Administrator, Cumberland County Courthouse,
Hanover Street, Carlisle, PA.
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
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LAWRENCE W. PECHART, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO. 01-1032 CIVIL TERM
SHIRLEY J. PECHART,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ANSWER TO COMPLAINT AND COUNTERCLAIM
NOW COMES, SHIRLEY J. PECHART, Defendant, by her attorneys,
purcell, Krug & Haller, and files the following Answer to
Plaintiff's Complaint and Counterclaim:
1. Admitted in part and denied in part. It is admitted
that Lawrence W. Pechart, Jr., is the Plaintiff in this matter,
but it is denied that his current address is 214 Ridge Hill Road,
Mechanicsburg, Cumberland County, Pennsylvania. The current
address of Plaintiff is 258-B Locust Point Road, Mechanicsburg,
Cumberland County, Pennsylvania.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. A prior Action in Divorce was filed by
Defendant on the 2200 day of November, 1995 and docketed to
Cumberland County Court of Common Pleas No. 95-6668. Defendant
withdrew the Divorce Complaint by Praecipe on March 8, 1996.
6. Admitted.
7. Admitted.
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WHEREFORE, Defendant requests that This Honorable Court
enter a Decree in Divorce, including the remedies requested in
Defendant's Counterclaim.
COUNTERCLAIM
COUNT I
EQUITABLE DISTRIBUTION
8. Defendant incorporates paragraphs 1 through 7 by
reference hereto as though the same were set forth herein at
length.
9. Plaintiff and Defendant possess various items of both
real and personal property which are subject to equitable
distribution by this Court.
COUNT II
CLAIM FOR ALIMONY
10. Defendant incorporates paragraphs 1 through 9 by
reference hereto as though the same were set forth herein at
length.
11. Defendant is unable to support herself through
appropriate employment.
12. Defendant lacks sufficient property and income to
provide for her reasonable needs.
COUNT III
ALIMONY PENDENTE LITE, COUNSEL
FEES, COSTS AND EXPENSES
13. Defendant incorporates paragraphs 1 through 12 by
reference hereto as though the same were set forth herein at
length.
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14. Defendant does not have sufficient funds to support
herself and pay counsel fees, costs and expenses incidental to
the action.
15. Plaintiff is full and well able to pay Defendant
alimony pendente lite, counsel fees and expenses incidental to
this divorce action
WHEREFORE, Defendant requests this Honorable Court to enter
a Decree:
(a) Dissolving the marriage between the Plaintiff and
Defendant;
(b) Equitably distributing all property, both personal
and real, owned by the parties;
(c) Ordering alimony;
(d) Ordering alimony pendente lite, in addition to
counsel fees and expenses necessary for the Defendant to
adequately prosecute this case;
(e) Such further relief as the Court may deem
equitable and just.
Dated:
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PURCELL, KRUG &
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SHIRLEY PECHAR'r
VERIFICATION
, hereby verify that the
facts contained in the foregoing ANSWER & COUNTERCLAIM are
true and correct to the best of my knowledge, information and
belief. I understand that false statements made herein are
subject to the penalties of 18 Pa. C.S. Section 4904, relating '0
unsworn falsification to authorities.
DATE:
3 -02 '/-tJ/
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CERTIFICATE OF SERVICE
I, ANGELA S. EATON, an employee of the law firm of Purcell,
Krug & Haller, counsel for Defendant, hereby certify that service
of the DEFENDANT'S ANSWER TO COMPLAINT AND COUNTERCLAIM was made
upon the following by first class regular mail on April ~
2001:
Johnna J. Kopecky, Esquire
26 West High Street
Carlisle, PA 17013
(Attorney for Plaintiff)
Angela S. Eaton,
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LAWRENCE W. PECHART, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01-1032-CIVIL TERM
SHIRLEY J. PECHART,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR ALIMONY PENDENTE LITE.
COSTS. COUNSEL FEES & EXPENSES
NOW COMES, Petitioner, Shirley J. Pechart, by her attorneys,
Purcell, Krug & Haller, and files the following Petitioner:
1. A Complaint in Divorce was filed on February 16, 2001.
2. On April 20, 2001, Petitioner filed an Answer with
Counterclaim wherein she seeks, inter alia, equitable
distribution, alimony, alimony pendente lite, counsel fees and
expenses.
3. Petitioner has retained counsel and will be put to
considerable expense in preparation for her case in the
employment of counsel and the payment of costs.
4. Petitioner is without adequate funds to support herself
and to meet the costs and expenses of this litigation and is
unable to sustain herself during the continuing pendency of this
action.
5. Respondent has failed and refused to support Petitioner
adequately since the parties' separation.
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WHEREFORE, Petitioner requests this Honorable Court to issue
an Order directing Respondent to pay Petitioner adequate sums for
her support, as well as pay her counsel fees and expenses.
PURCELL, KRUG
rU;v.",Esquire ~
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X 19 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Dated: v!z~ /01
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APR-25-2001 .09'39
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7172340409
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PURCELL KRUG AND HALlER
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VERIFICATION
If SHIRLEY J. PECHART, hereby verify that the facts
contained in the foregoing PETITION FOR APL, COSTS, COUNSEL
FEES and EXPENSES are true and correct to the best of my
knowledge, information and belief. I understand that false
statements made herein are subject to the penalties of 18 Pa.
C,S. Section 4904, relating to unsworn falsification to
authori ties.
Date:
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CERTIFICATE OF SERVICE
I, ANGELA S. EATON, an employee of the law firm of Purcell,
Krug & Haller, counsel for Defendant, hereby certify that service
of the Petition for Alimony, Alimony Pendente Lite, Costs, and
Counsel Fees & Expenses was served upon the following by first
lc;fU,
class regular mail on April
2001:
Johnna J. Kopecky, Jr., Esquire
26 West High Street
Carlisle, PA 17013
Attorney for Plaintiff
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Angela S. Eaton
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LAWRENCE W. PECHART, JR.,
PIaintiffIRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
SHIRLEY J. PECHART,
DefendantJPetitioner
NO. 01-1032 CIVIL TERM
IN DIVORCE
DR# 30,619
Pacses# 813103407
ORDER OF COURT
AND NOW, this 26th day of April, 2001, upon consideratiouofthe attached Petition for Alimony
Pendente Lite tlIld/or counsel fees, it is hereby directed that the parties and their respective counsel appear
before R.J. Shaddav onMav 31. 2001 at 10:30A.M. for a conference, at 13 N. HtlIlover St., Carlisle, PA
17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be
entered. NOTE: The support conference previously scheduled before Frank Goshorn wUl not be heard
by R.J. Shadday on the same date.
YOU are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
I9IO.II@
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
if you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
4-26-01 to:
Petitioner
< Respondent
Howard Krug, Esquire
Johnna Kopecky, Esquire
Date of Order: April 26, 200 I
I
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, G TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
LAWRENCE W. PECl!ART, JR.,
Plaintiff /llespcmdent
Defendant JPetitioner
) Docket Number 01-1032 CIVIL
)
) PACSES Case Number 813103407/D30619
)
) Other State ID Number
vs.
SHIRLEY J. PECHART,
ORDER
AND NOW, to wit on this
4TH DAY OF JUNE, 2001
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or <i) Other
PETITION FOR A.P.L.
filed on APRIL 26, 2001
in the above captioned
matter is dismissed without prejudice due to:
THE PARTIES' INCOMES AND THE PENNSYLVANIA GUIDELINES.
o The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
BY THE COURT:
DRO: RJ Shadcltly
xc: petitioner
rejlpondel1t
Howard Kt1Jg, ESquire
Johnna Kopecky, Esquire
MAILED
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JUDGE
Service Type M
Form OE-506
Worker ID 21005
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LAWRENCE J. PECHART, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01-1032 CIVIL TERM
SHIRLEY J. PECHART,
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw any and all Claims and Counterclaims of
Defendant, Shirley Pechart, in the above matter.
By
How r
ID #J!6826
1719 No ront Street
Harrisburg, PA 17102
(717)234-4178
Attorney for Defendant
Date: September 24, 2001
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CERTIFICATE OF SERVICE
I, ANGELA S. EATON, an employee of the law firm of Purcell, Krug
& Haller, counsel for Defendant, Shirley J. Pechart, hereby certify
that service of the PRAECIPE TO WITHDRAW ALL CLAIMS AND COUNTERCLAIMS
ON BEHALF OF DEFENDANT was made upon the following by first class
regular mail on September 24, 2001:
Johnna Kopecky, Esquire
26 West High Street
Carlisle, PA 17013
Attorney for Plaintiff
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r:::c " , "~I
'- !:'~~ ") :;:::'
~g C)
\.D (~n"!
~-~l
Z -
:::! :::> 5:J
..,- -<
n_~_
I