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HomeMy WebLinkAbout01-0086ANNA M. ECKARD, Plaint'iff WALTER E. ECKARD, II, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : : CML 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 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 ANNA M. ECKAI~, Plaintiff WALTER E. ECKARD, II, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : CML 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 Waiter 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. 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, Plaintiffwaives 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 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. 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. WHE~RE, Plaintiff respectfully requests that Your Honorable Court enter an Order equitably distributing the marital property pursuant to Section 3502 of the Divorce Code. 10. COUNT H ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE The prior paragraphs of this pleading are incorporated herein by reference thereto. Plaintiff is unable to sustain herself during the course of litigation. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable sustain herself through appropriate employment. 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. 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 PlalntitTs reasonable counsel fees, costs and expenses pursuant to Section 3702 of the Divorce Code. Respectful~ubmitted, Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 ANNA M. ECKARD, Plaintiff V. WALTER E. ECKARD, II, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBE~ COUNTY, PENNSYLVANIA : : NO. 01-86 CIVIL TERM : : CML 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: Supreme Court ID 45513 5440 Jonestown Road Post Off, ce Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 EXHIB1T "A" ANNA M. ECKARD, Plaintiff V. WALTER E. ECKARD, II, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-86 CML TERM : : CMLACTION - DIVORCE : AFFIDAVIT OF CONSENT l. 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 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: WALTER E. ECKARD, II Defendant ANNA M. ECKARD, Plaintiff V. WALTER E. ECKARD, II, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-86 CML TERM : : CML 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. 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. ! understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. I understand that I will not be divorced until a Decree of Divorce is ' DATED: ~j/ i~,~(~i WALTER E. ECKARD, II Defendant ANNA M. ECKARD, Plaintiff WALTER E. ECKARD, II, Defendant :IN THE COURT OF COMMON PI,mAS, : CUMBE~ COUNTY, PENNSYLVANIA : NO. 01-86 CIVIL TERM : 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 atler 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 Pa.C.S. §4904 relating to unswom falsification to authorities. DATED: / Plaintiff ANNA M. ECKARD, Phaintfff V. WALTER E. ECKARD, II, Defendant :IN THE COURT OF COMMON PI,FAS, : CIYMBE~ COUNTY, PENNSYLVANIA : : NO. 01-86 CIVIL TERM : : CML ACTION - DIVORCE : WAIVER OF NOTICE OF INTENTION TO REQUEST 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 I do not claim them before a divorce is 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: / Plaintiff ANNA M. ECKARD, Plaintiff WALTER E. ECKARD, Il, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA o,- : CMLACTION - DIVORCE Pl~AECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for the Plaintiff in the above- captioned case. DATED: Respectfully submitted, 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1429 (fax) (717) 541-1428 ANNA M. ECKARD, Plaintiff V. WALTER E. ECKAR~, II, Defendant :IN THE COURT OF COMMON PLFAS, : CUMBER].AND COUNTY, PENNSYLVANIA : NO. 01-86 CIVIL TERM : : CML ACTION - DIVORCE ; SOCLAI, SECURITY NUMBERS FOR THE PARTIES The Social Security Number for Plaintiff, Anna M. Eckard, as provided to me is 195~62-1773. The Social Security Number for Defendant, Walter E. _~.~k~-~,_~_ ~,TT __~ provided to me is 184-48-3271. Dated: Respectfully submitted, Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 171124)216 (717) 541-1428 ANNA M. ECKARD, Plaintiff Vo WALTER E. ECKARD, II, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERI~ND COUNTY, PENNSYLVANIA : : NO. 01-86 CIVIL TEtLM : : CIVIL ACTION - DIVORCE : PRAEC1PE TO TRANSMIT RECORD UNDER § 3301(c) OF THE~ DIVORCE CODE To the Prothonotary: Transmit the record, together 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: By the Plaintiff: July 9, 2001 By the Defendant: July 10, 2001 (a) (b) Related claims pending: NONE DATED: July 22, 2001 Nora F Blair, Esquire Attorney for Plaintiff ANNA M. ECKARD, Plaintiff WALTER E. ECKARD, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW NO. 01-86 CIVIL TERM IN DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this ~ day of ~ , 2001, between ANNA M. ECKARD (hereinafter called "Wife") and WALTER E~ ECKARD, II, (hereinafter called "Husband"). WlTNESSETH: Diverse unhappy differences, 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 desire 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 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 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 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 3. PERSONAL PROPERTY Husband agrees to transfer to Wife upon execution of this Agreement, without further consideration and free and clear of all liens and encumbrances: (a). Wife is to receive a 1997 Protege for her 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 of this 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 other 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. From the date of this Agreement, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other 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 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 occur 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 whatever nature 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 nature 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 spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (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 or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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. 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 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 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 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 of the 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 any one 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. 14. AFFIDAVITS AND NOTICE OF WAIVER When requested by either party an Affidavit of Consent and a Notice of Waiver will be signed 7 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 divorce 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. Anna M. Eckard, Wife Walter E. Eckard, II, Husband COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Onthis, the ~ day°f ~-~-~r ,2001, beforeme, the subscriber, 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. Notary Public 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the 1~ day of_ ~ O ) : SS. ) ,2001, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Walter E. Eckard, II and in due form of law acknowledged the above Agreement to be his act and deed and desired the same to be recorded as such. Notarial Seal Lisa M. Greason, Notary Public Carlisle Bore Cumberland County My Corem ssion Expires Sept. 9, 10 IN THE COURT OF COMMON STATE OF OFCUMBERLAND COUNTY ~~~ PENNA. ANNA M. ECKARD Plaintiff VERSUS WALTER E. ECKARD, II Defmnd~nt PLEAS N o. 86 CML 20O 1 DECREE IN DIVORCE AND NOW, .~/UI ~I DECREED THAT /~TA M. ~'~.CK./kR,D A N D W~TER E. EC~D, II . IT IS ORDERED AND , PLAINTIFF, , 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 Agreement dated July 9, 2001 is incorporated into but not merged into this Decree in Divorce. PROTHONOTARY