Loading...
HomeMy WebLinkAbout09-1831 LEANN BECKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. GEORGE E. BECKER, III, 69- X31 C wI Defendant IN DIVORCE NOTICE TO DEFEND 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 Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY SAIDIS, FLOVVER LINDSAY Xnarall'AFEW 26 West High Street Carlisle, PA A Mary Batas, Esquire Attorney'Td. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 6 IS C& LINDSAY 26 West High Street Carlisle, PA LEANN BECKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GEORGE E. BECKER, III, NO. C/ " I ?3 I C tv: I Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is LeAnn Becker, an adult individual currently residing at 653 Spring Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant is George E. Becker, III, an adult individual currently residing at 501 East Elmwood Ave., Apt. 4, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 17, 2005 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff is not a member of the United States Armed Forces or its Allies. 7. The Defendant is a member of the United States Armed Forces or its Allies. 8. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 9. Plaintiff and Defendant are citizens of the United States of America. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 (c) or (d) of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Ma a as, Esq Attorney I . 919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: 3iZ A Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA i LEANN BECKER, Plaintiff V. GEORGE E. BECKER, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O9_?53? cN,? IN DIVORCE VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. ?LEANN BECKER Date: 9 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA c t41 co 'V 1 LEANN BECKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2009-1831 CIVIL TERM GEORGE E. BECKER, III, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on March 27, 2009 she served a true and correct copy of the Complaint in Divorce upon George E. Becker, II, my mailing those documents to the his address at HSC 628th ASB, 6609 NW Fort Sill Blvd., Fort Sill, OK 73503 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, George E. Becker, ll. Respectfully submitted, Dated: 4--/ // 07 SAIDIS, FLOWER & LINDSAY 9750 EYg.AT MAW 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Ma atas, Esquire ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 1 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Pont your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: oti HNC l,?ag A6 B (c??0?? NW Fort sillcvd Fort Si If , OK g35o-s A. Signature ' ? Agent X ? 0 Addressee eceived by ( printed Name) C. Date of Delivery (e &4,KA? ? 2-4 Mas D. Is ivery address different from Item 11 , 0 Yes If YES, enter delivery address below: A No 3. S" Type Certified Mail ? Express Mail Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number ?008 0150 0001 6188 3905 (rransfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ITj i T LEANN BECKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2009-1831 CIVIL TERM GEORGE E. BECKER, III, Defendant IN DIVORCE WAIVER OF MILITARY RELIEF I, GEORGE E. BECKER, III, hereby aver that I am a member of the Armed Forces, United States National Guard. I currently am serving on active duty. I am aware of the Soldiers' and Sailors' Civil Relief Act ("SSCRA") and the protections available to me pursuant to that Act. I have been served with a Complaint in Divorce docketed to Civil Action No. 2009-1831 in the Court of Common Pleas, Cumberland County, Pennsylvania and have accepted service of the same. I hereby waive the protections offered to me by the SSCRA as they may apply to this divorce proceeding. Plaintiff, to the divorce, LEANN BECKER and I are not the biological parents of any children together. Dated: I-2A-Ll Z O'O" G RGE E. ECKER, III 7o,4nn SAMIS, )FLOWER & LINDSAY ?r 26 West High Street Carlisle, PA COa A.Wa,- 7-e.11.1, -7-,9 )SS. V/'11 IAITV Ap On this, the day of /1 `? , 2009, before me, a notary public, the undersigned officer, personally appeared GEORGE E. BECKER, III known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Waiver, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ry Public CPT Ctit? >, L,,,?- sj JA RLED-OF7GE QE THE PROT f-?t?NOTARY 1009 JUG -8 PM 3: 13 ?XDUNTTY tPENi\iS`'!l.'VANV, LEANN BECKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2009-1831 CIVIL TERM GEORGE E. BECKER, III, Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this d, day of BETWEEN George E. Becker, III, of Mechanicsburg, Cumberla d County, hereinafter referred to as Husband, AND Leann Becker, of Boiling Springs, Cumb Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are Husband and Wife, having been joined in 2009, ylvania, County, marriage on, December 17, 2005, in Mechanicsburg, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Com on Pleas of Cumberland County Commonwealth of Pennsylvania, to Number 2009-1831 Civil Ter ; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them gelating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against estates. NOW THEREFORE, in consideration of the covenants and promises mutually kept and performed by each party, as well as for other good and valuable and intending to be legally bound, it is agreed as follows: 1 respective to be ideration (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 or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her y any legal or other proceeding. Each party shall be free of the interference, authoritv or contact b the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrieva ly broken and that they will secure a mutual consent no-fault divorce decree in the above-cap ioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move or the entry of the divorce decree at that time. If either party fails or refuses to execute and file the foregoing documents or i? Husband fails to make the monetary payment to Wife aforesaid, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her optic n to terminate this Agreement. (3) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are certain outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, listed as follows: i.) Citi, with an approximate date of separation balance due of $7 000.00; ii.) Capitol One, with an approximate date of separation ba ance due of $1,600.00; and iii.) Visa, with an approximate date of separation balance due of $5,000.00. From the date of execution of this Agreement forward, Wife shall maintain responsibility for 2 payment for the debts listed above, by making consistent monthly payments as they are due or by otherwise satisfying the debts in full. Wife shall hold Husband harmless and indemnify him from collection activities of any nature regarding these debts. Husband shall make a payment to Wife in the amount of TEN THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($10,500.00) for his contribution to the rep?yment of the aforesaid debts. Husband shall make this payment to Wife by monthly contributions outlined in Paragraph 3 included herein. In the event Husband fails or refuses to make the monthly payments to Wife as forth herein, Wife shall immediately file a request for alimony thrcul gh Domestic Relations to which Husband shall not defend and to which Wife's co-habitation or rgmarriaae shall not constitute a defense. Upon the filing of a request and evidence of Husband's non-payment, Wife shall be automatically entitled to an entry for an order of alimony in the amo nt of $750.00 plus interest in the amount of six (6%) percent of the late charged interest. In addi?ion, Wife shall be entitled to all other remedies for non-payment and breach included in this Agreemeent. B: Post Separation Debt: In the event that either party contracted o? incurred any debt since the date of separation on December 4, 2008, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or d mands made against him or her by reason of debts or obligations incurred by the other party (4) INCOME: At the time of execution of this Agreement, Husband has been called to active military duty. A Complaint in Divorce has been filed. Husband has filed a Waiver of the protection of Soldiers' and Sailors' Civil Relief Act and has accepted service of th Complaint in Divorce. To satisfy his obligation to Wife incurred in paragraph 3 herein, Husband s all allot $750 3 of his net pay to the parties' joint Americhoice checking account monthly, beginning in February 2009 and continuing for a period of fourteen months, through and including'! March 2010. Payments shall be deposited no later than the 30th day of each month. When Husband has paid the obligation as set forth in paragraph 3 herein ($10,500.00), Husband's der Americhoice checking account shall cease. Payments shall continue for a period consecutive months in the amount of $750 or shall be in the total amount of $10,° prepayment penalty; Husband is free to pay any additional amount over and a obligation to satisfy the total obligation at any time; however, the minimum oblige in a timely fashion. If the minimum amount is not paid by the 30th day of each me shall accrue on the unpaid balance due. t to the joint fourteen (14) There is no the monthly must be paid a 6% late fee (5) MOTOR VEHICLES: Each party relinquishes any right, title and linterest he or she may have to any and all motor vehicles currently in possession of the other party. From the date of separation forward Wife shall retain the 2006 Honda CRV, titled in the parties' names jointly. The vehicle has a loan obligation requiring a monthly payment of approximately $450 per month. Wife shall continue to maintain responsibility for payment of this obligation. From the date of separation forward, Husband shall retain the Pontiac Grand Prix, titled in the parties' names jointly. The vehicle has a loan obligation requiring a monthly payment of approximately $330 per month. Each party shall sign all documents necessary to sign the vehicles to the other's name individually. The party receiving title of their respective vehicle shall be responsible for all taxes and other charges that may be incurred due to the transfe of title. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually gree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individuallylby the parties 4 hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Husband has an interest in a military retirement account. Wife waives any and all right, title and interest she ma? have in that account(s) and shall sign any document necessary to have her name removed as b neficiary of all military retirement and/or pension plans, and the like. Husband owns or has an interest in a life insurance policy through his service with the military. Wife waives any and all right, title and interest she may have in that account(s) and shall sign any document necessary to have her name removed as beneficiary. Husband is employed with the federal government and through this employ ent may own or have an interest in a retirement/pension/TSP or the like. Wife waives any and al? right, title and interest she may have in that account(s) and shall sign any document necessary to ave her name removed as beneficiary of all military retirement and/or pension plans, and the like. Wife does not own or have an interest in any IRA, retirement, 401(k) or the The parties represent that they do not own or have an interest in any other intangible personal property, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings lans, pension plans, stock plans, 401K plans and the like. If it is discovered that such intangible personal property exists and has not otherwise been disclosed and divided pursuant to this Agreement, the parties shall divide the marital interest of each account equally, and close the account to the extent it can be closed. (8) HEALTH INSURANCE - WIFF-: Husband shall maintain hec, coverage for Wife until the entry of any final decree in divorce. From the date of sepE the date of any decree in divorce, Wife shall be responsible for all unreimbursed medical expenses that may be incurred on her behalf. insurance n through or un-insured 5 (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, is represented by Marylou Matas, Esquire and, has been advised that he or she may be represented by counsel o? choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is i not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (10) COUNSEL FEES: Husband shall make a payment to Wife for her I?gal fees in the amount of SEVEN HUNDRED FIFTY DOLLARS ($750.00) AND 00/100. Payment (shall be made to Wife at the time of execution of this Agreement. In the event Husband fails to ma? a payment as required, said payment shall incur a 6% interest charge and late fee until paid in full, in addition to the other remedies available to Wife pursuant to the terms of this Agreement. (11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time ?o time, at the request of the other, execute, acknowledge and deliver to the other party any nd all further instruments that may be reasonably required to give full force and effect to the previsions of this Agreement. (12) INCOME TAX: A: The parties have heretofore filed joint Federal and State Ta> returns. Both parties agree that in the event any deficiency in Federal, state or local income taxi proposed, or assessment of any such tax is made against either of them, each will indemnify and old harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined t be the cause 6 of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: Wife agrees, upon the request of Husband, to join in the filing', of a 2008 and 2009 joint federal, Pennsylvania income tax return. Husband will bear the expense ?f preparing all joint tax returns. In the event that a joint return is filed, and a deficiency is determined so that the parties owe sums for federal or state taxes, the parties shall be equally responsible ?or payment of the tax due. In the event a refund is received, the parties shall divide that refund equally. (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including al mony shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the ther and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other entire assets, liabilities, income and expenses and any further enumeration or states this Agreement is specifically waived. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledc them has read and understand his and her rights and responsibilities under this F that they have executed this Agreement under no compulsion to do so but as a volur his and her it thereof in that each of and act. 7 (16) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined Ito be invalid or unenforceable, all other provisions shall continue in full force and effect. (17) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court t of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (18) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agree ent, including, but not limited to, court cost and counsel fees of the other party. In the event of br ach, the other party shall have the right, at his or her election; to sue for damages for such breach Or to seek such other and additional remedies as may be available to him or her. (19) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or or written, of any nature whatsoever, other than those herein contained. (20) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound set their hands and seals the day and year first written above. WITNESS: itness:,TS PTA Date o E. Becker, III r +"A Ce 9 d ness V Date Leann Becke 8 oral I bind the hereunto tN? US A,11 STAIME? T OF On this ?a day of /?1 e,,7 , 2009, before me, the undersigned officer, personally appeared, GEORGE E. BECKER, lll, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Public C PT <?'A-j D COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this 914day of (A A-? 2009, before me, officer, personally appeared LEANN BECKER, known to me (or satisfactory person whose name is subscribed to the within Agreement and ack executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOVULULWAL BARBARA 1:. STM Notary PG Carlisle Boro+ Cumbaiand Coo*, PA M commission Expim June 7, 11 -6- s 1A undersigned n) to be the that she 9 0; F1LED-D TA OF THE PRO y10NOTARY 2009 JUN 10 All 11: 08 CV?Y?i3..JI ! ,J i.JJ.. viW i