HomeMy WebLinkAbout10-1287J.r
JOHN F. KING LAW, P.C. rF TH` 4 Y
John F. King, Esquire Zl? FE3 `3 F!` J. c
ID #61919
4076 Market Street C!
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Camp Hill, PA 17011 r' Syr '
Tel.: (717) 695-2222/Fax: (717) 695-2207
MATTHEW R. EAGEN
Plaintiff,
V.
ANNA L. PAPERO EAGEN
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. )0-
IN v ` 'r?fn1
CUSTODY
COMPLAINT FOR PARTIAL CUSTODY/VISITATION
1. The Plaintiff is Matthew R. Eagen, residing at 16749 Capon Tree Lane,
Woodbridge, VA 22191.
2. The Defendant is Anna L. Papero Eagen, residing at 5 Meadow Ridge Drive,
Shippensburg, Cumberland County, PA 17257.
3. Plaintiff seeks partial custody/visitation of the following child:
NAME PRESENT RESIDENCE AGE DOB
Samuel V. Eagen 5 Meadow Ridge Drive 10 yrs 10/31/1999
Shippensburg, PA 17257
The child was not born out of wedlock.
The child is presently in the custody of Defendant/Mother, who resides at 5
Meadow Ridge Drive, Shippensburg, PA 17257.
During the past five (5) years, the child has resided with the following persons and
at. the following addresses:
NAME RESIDENCE DATE
All 47y. G? 49'y ?
-T
a?-1q0
Anna L. Papero Eagen (Mother) Harrisonburg, VA 2004-2008
Anna L. Papero Eagen (Mother) Boone, NC 2008-2009
Madelyn (Infant Sister)
Anna L. Papero Eagen (Mother) 5 Meadow Ridge Drive 2009-ongoing
Madelyn (Infant Sister) Shippensburg, PA
The mother of the child is Defendant,Anna L. Papero Eagen, currently residing at
5 Meadow Ridge Drive, Shippensburg, PA 17257. She is single.
The father of the child is Plaintiff, Matthew R. Eagen, currently residing at 16749
Capon Tree Lane, Woodbridge, VA 22191. He is single.
4. The relationship of the Plaintiff to the child is that of Father. The Plaintiff
currently resides alone.
5. The relationship of the Defendant to the child is that of Mother. The Defendant
currently resides with the following persons:
NAME
RELATIONSHIP
Subject minor child
Madelyn ( 2yo)
Son
Daughter
6. Plaintiff has participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court. The court, term and
number, and its relationship to this action is: Circuit Court of Montgomery County Virginia:
Anna Louisa Panero Eagen v Matthew Rav Eagen - Bill of Complaint for Divorce. A certified
copy of the Decree of Divorce, containing custody terms, entered on the 26th day of July, 2002, is
attached hereto.
Plaintiff has no information of a custody proceeding concerning the child pending
in a court of this Commonwealth or any other state.
Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
7. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
A. Until recently, Plaintiff/Father has enjoyed ongoing partial custody for the
purposes of visitation of the subject minor child, including overnight
visitations at Plaintiff/Father's residence.
B. Defendant/Mother has recently denied Plaintiff/Father access to his son,
except for visitation required by Defendant/Mother to take place in
Shippensburg, Pennsylvania, thereby interfering with the Father/Son
relationship.
C. The inability of Father to maintain and continue a normal Father/Son
relationship with the subject minor child is detrimental to the child and not
in his best interests.
8. Each parent whose parental rights to the child have not been terminated, and the
person who has physical custody of the child, have been named a party to this action.
WHEREFORE, Plaintiff requests the Court to grant a Custody Order establishing a
visitation schedule.
Dated: February ?S , 2010
Respectfully submitted,
JOHN F. KING LAW, P.C.
J4Y' . King, Esquire
4076 Market Street
Camp Hill, PA 17011
Attorney for Plaintiff
VERIFICATION
I, Matthew R. Eagen, hereby acknowledge that I am the Plaintiff in the foregoing action;
that I have read the foregoing Complaint for Partial Custody; and the facts stated therein are true
and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
Matth ew R. Eagen
Dated: January , 2010
F9?6 17 Zo/a
EXHIBIT A
VIRGINIA: IN THE CIRCUIT COURT OF MONTGOMERY COUNTY
ANNA LOUISA PAPERO EAGEN,
Plaintiff
V.
MATTHEW RAY EAGEN,
Defendant
DECREE OF DIVORCE
A Vinculo Matrimonii
THIS CAUSE, which was regularly matured, came on this date to
be heard upon the Bill of Complaint heretofore filed; the process having been
duly accepted by the Defendant; upon Answer of Defendant; upon depositions
of two witnesses on behalf of the Plaintiff, regularly taken after proper and
legal notice to the Defendant; and filed in accordance with the law; and the
same was argued by counsel.
UPON CONSIDERATION WHEREOF, it appearing to the Court,
independently of the admissions of either party in the pleadings or otherwise,
that the parties were married on the 27th day of December, 1997, in Prince
George's County, Maryland; that there was one child born of this marriage,
namely Samuel Vail Eagen, born October 31, 1999; that both parties are sui
juris; that both parties are over the age of eighteen (18) years; that neither is a
member of the Armed Forces of the United States, nor has been for a period of
six (6) months prior to the institution of this suit; that Plaintiff is domiciled in
and has been an actual, bona fide resident of the County of Montgomery, State
of Virginia, for at least six (6) months preceding the institution of this suit;
that the parties last cohabited together on or about May 19, 2001, in
Montgomery County, Virginia, and separated at that time with the intention of
living separate and apart from each other permanently, and that the
intentional separation of the parties has continued without interruption.
AND IT FURTHER APPEARING unto the Court that no
reconciliation has taken place, or is possible; that the intentional separation of
the parties has continued without interruption for more than one (1) year; and
that the Plaintiff is entitled to a divorce from the Defendant as prayed for in
her Bill of Complaint.
Eagen v. Eagen Decree Page 2
The Court doth ADJUDGE, ORDER, and DECREE that the
Plaintiff, ANNA LOUISA PAPERO EAGEN, whose social security number is 217-
04-0692, be, and she is hereby, absolutely divorced from the Defendant,
MATTHEW RAY EAGEN, whose social security number is 214-04-5765, from the
bond of matrimony a vinculo matrimonii on the grounds of one (1) year
separation, pursuant to Section 20-91 (A)(9)(a) of the Code of Virginia, 1950, as
amended; and that the bond of matrimony heretofore created by the marriage
between these parties on the 27th day of December, 1997, be, and the same is,
hereby dissolved.
Pursuant to her request, Plaintiff is hereby restored to her
maiden name: ANNA LOUISA PAPERO.
The separation agreement dated July 1, 2002, which is attached
to the Bill of Complaint is hereby RATIFIED, CONFIRMED, APPROVED, and
INCORPORATED, but not MERGED herein by this reference.
Pursuant to Section 20-60.3, Code of Virginia, the parties are
hereby notified of the following provisions of Virginia law. The parties
represent to this Court that the information provided below is true
information:
1) Support payments may be withheld as they become due
pursuant to Section 20-79.1 or 20-79.2, from earnings as defined in Section
63.1-250 without further amendments of this Decree or having to file an
application for services with the Department of Social Services.
2) Support payments may be withheld pursuant to Chapter 13
(Section 63.1-249, et seq.) of Title 63.1 without further amendments to the
order, upon application for services with the Department of Social Services.
3) A duty of support is owed for the following child of the
parties:
NAME
DATE OF BIRTH
RESIDES WITH
Samuel Vail Eagen
October 31, 1999
Mother
4) The following is true information regarding each parent of
the child subject of this Decree:
Plaintiff: DOB: October 12, 1969
Eagen v. Eagen Decree Page 3
Defendant:
SSN: 217-04-0692
Address: 203 Orchard View Lane
Blacksburg, Virginia 24060
Employer: Virginia Polytechnic Institute & State
University
Address: College of Human Resources & Education
238 Wallace Hall 0426
Virginia Tech
Blacksburg, Virginia 24061
DOB: August 22,. 1972
SSN: 212-04-5765
Address: 313 Hunt Club Road, Apt. 6200 J
Blacksburg, Virginia 24060
Employer: Dublin Animal Hospital, Inc.
Address: 5720 Bagging Plant Road
Dublin, VA 24084
5) A petition may be filed for the suspension of any license,
certificate, registration or other authorization to engage in a profession, trade,
business or occupation issued by the Commonwealth of Virginia to a person
responsible for support as provided in Section 63.1-263.1, upon a delinquency
for a period of ninety days or more or in an amount of $5,000.00 or more.
a. Plaintiff currently holds no license.
b. Defendant currently holds a license to practice
veterinary medicine.
6) The parties acknowledge that while Defendant is enrolled
as a full-time veterinary student, he shall pay to Plaintiff, as child support,
each month on the first of the month, TWO HUNDRED AND 001100 DOLLARS
($200.00) per month, commencing on the 1st day of January, 2002.
Thereafter, starting July 1, 2002, child support is payable by Husband
monthly in the amount of EIGHT HUNDRED FORTY-EIGHT DOLLARS AND
00/100 ($848.00) per month, payable on the 1St day of the month. Said child
support payments shall continue to be paid for the child who is a (i) full time
Eagen v. Eagen Decree Page 4
high school student, (ii) not self-supporting, and (iii) living in the home of the
parent seeking or receiving child support until the child reaches nineteen (19)
years of age or graduates from high school, whichever first occurs.
7) Health care coverage for the child shall be provided by
Defendant through American Veterinary Medical Association Group
Heath/Life Insurance Trust (AVMA GHLIT). Husband shall be responsible
for maintaining health insurance coverage monthly for the child until he
reaches age twenty-three (23), has completed his education, or is otherwise
emancipated.
The parties shall share equally any medical and dental
expenses not covered by insurance, including, but not limited to the
deductible for the child's medical insurance, eyeglasses, prescription
medication, prostheses, and mental health services, whether provided by a
social worker, psychologist, psychiatrist, or counselor.
8) If support provided in this Order becomes payable through
the Department of Social Services (DSS), the parties shall give each other and
DSS at least thirty days' advance written notice of any change in residence,
and in addition, the delinquent obligor shall inform DSS of the name and
address and phone number of his/her current employer. If support is paid
directly to the obligee, then obligor shall keep the Court informed of the name,
address, phone number of his current employer.
9) In determination of a support obligation, the support
obligation as it becomes due and unpaid creates a judgment by operation of
law.
10) Husband shall be responsible for maintaining health
insurance coverage for the child until he reaches age twenty-three (23), has
completed his education, or is otherwise emancipated. The parties shall share
equally any medical and dental expenses not covered by insurance, including,
but not limited to the deductible for the child's medical insurance, eyeglasses,
prescription medication, prostheses, and mental health services, whether
provided by a social worker, psychologist, psychiatrist, or counselor.
11) The Department of Social Services may, pursuant to Chapter
13 (Section 63.1-249, et seq.) of Title 63.1 and in accordance with Section 20-
108.2 and Section 63.1-252.2, initiate a review of the amount of support
ordered by any court.
Eagen v. Eagen Decree Page 5
12) Pursuant to Section 20-124.5, either party who intends to
relocate his or her residence shall give a 30-day advance written notice of any
such intention to relocate and of any intended change of address, said notice
being given both to the other party and to this Court.
And this cause is stricken from the docket.
The Clerk of the Court shall provide counsel with two (2) certified
copies of this Decree.
ENTER this Decree this °s(e day of July, 2002.
I ask for this:
T PHANIE A. MURRAY, ESQ.
H. GREGORY CAMPBELL, JR. PC
Post Office Box 885
Blacksburg, VA 24063-0885
(540) 951-2953
Counsel for Plaintiff
VSB# 38170
Seen:
JJ. R ERTSON, ESQ.
Viiginia Tech Student Legal Services
143 Squires Student Center
Blacksburg, VA 24061-0138
(540) 231-4720
JUDGE
A Copy - Teste:
ALLAN C. BURKE _
Circuit uti Monig only V a
BY , Deputy Clerk
Counsel for Defendant
THIS AGREEMENT, made this day of July, 2002, by and between
ANNA LOUISA PAPERO EAGEN, (hereinafter referred to as "Wife"), and
MATTHEW RAY EAGEN, (hereinafter referred to as "Husband");
PROVIDES:
WHEREAS, the parties to this Agreement were lawfully married on
December 27, 1997, in Prince George's County, Maryland; and
WHEREAS, there was one child born of this marriage, namely Samuel Vail
Eagen, born October 31, 1999; and
WHEREAS, the parties separated from each other with the intent of
terminating the marital relationship on or about May 19, 2001; and
WHEREAS, the parties intend, and it is the purpose of this Agreement, to
acknowledge their separation and intention to live separate and apart permanently;
to make a complete and final settlement of all claims that either party may have
against the other for spousal support and maintenance; to provide for an equitable
division of all the marital property of the parties; to determine child custody,
support, and visitation; and to settle all other obligations arising out of their
marital relationship, so long as they are separated and in the event of a divorce;
and
NOW THEREFORE, in consideration of the promises and mutual covenants
and agreements hereinafter set forth, the parties hereto covenant, contract and
agree as follows:
I. Marital Property Division
A. Real Property:
The parties jointly own real estate located at 203 Orchard View Lane,
Blacksburg, Virginia 24060.
The parties acknowledge that the monies used to secure the marital
residence were Wife's separate, pre-marriage funds. Additionally, the parties
acknowledge that Wife paid the mortgage through her employment as a teacher
during the first eighteen months while Husband was a full-time veterinary student,
and that Husband contributed to the mortgage from December 1999 to September
2000, while Wife stayed home with their son. In recognition of the aforesaid, Wife
will pay Husband Two THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($2,500.00)
within five (5) days of execution of this agreement. Husband agrees to execute a
deed conveying to Wife all of his right, title, and interest in and to this real property
and to join in any deed that he may be requested to sign by Wife, thereby conveying
any right he may have by virtue of the marriage. Wife agrees to assume and to pay
the amount due on the Deed of Trust Note secured by this property. Wife expressly
agrees to release Husband from the secured debt through refinance within ninety
(90) days of execution of this agreement.
B. Personal Property:
1) The 1994 Dodge Intrepid shall hereafter be considered the property of
Wife. Husband will execute the necessary papers to transfer title of the vehicles in
Wife's sole name. Henceforth, Wife will pay all taxes, insurance, repairs, and
Page 2
maintenance on these vehicles.
2) The 1989 Honda Civic shall hereafter be considered the property of
Husband. Wife will execute the necessary papers to transfer title of the vehicle in
Husband's sole name. Henceforth, Husband will pay all taxes, insurance, repairs,
and maintenance on this vehicle.
3) The parties have divided all of their joint marital personal property to
their satisfaction. Any property, which may be hereafter acquired by either party,
shall become the sole and separate property of that party.
II. Taxes
The parties agree to file joint taxes for 2001 and share any liability and
refund equally. However, notwithstanding the provisions of Paragraph V below,
Husband, in recognition for not paying child support since December 2001, will pay
out of his share $700.00 to compensate Wife. The parties agree that in subsequent
years, the dependency exemption for federal and state income taxes for the child
will be granted to Wife.
The parties acknowledge that both parents can deduct medical expenses for
the child, and that the dependency exemption has no effect on the deduction of
medical expenses by both of them.
The parties acknowledge that the aforesaid arrangement will not prohibit an
otherwise eligible parent for qualifying as head of household.
III. Retirement, Pension Plans, & IRAs
Husband waives any present or future interest he may have in Wife's pension
Page 3
and/or retirement plans, including IRA's.
Wife waives any present or future interest she may have in Husband's
pension and/or retirement plans, including IRA's.
IV. Custody & Visitation
The parties will share joint legal custody of their child. Wife shall have
primary physical custody.
Husband is entitled to reasonable and seasonable visitation with proper
notice and subject to the following conditions:
1. The child shall be permitted to contact his mother during visitation.
2. Each parent shall immediately notify the other parent in the event of
the child's need for emergency medical services or major illness.
3. Father shall notify Mother by telephone of any delay in pickup or
redelivery of the child if same will be in excess of 15 minutes. Mother
and child shall not be required to wait in excess of 30 minutes past the
designated pickup time unless both parties are in agreement.
4. Both parents shall keep one another advised of their respective
telephone numbers. Father shall be advised of the residential address
and telephone number where the child resides. Mother shall be
advised of the address and telephone number of Father and where the
child will be located during the visit.
5. Pursuant to Section 20-124.6 Code of Virginia, neither parent shall be
denied access to the academic, medical, hospital or other health
records of that parent's minor child unless specifically set forth in this
Agreement for good cause shown.
6. Twenty-four hour notice of cancellation of a scheduled visit is required
except in the event of sudden illness on the part of the child or Father.
In the event a visit is so canceled, a make-up visit shall occur within
30 days to be scheduled by the agreement of the parents. No make-up
visit shall be required if the visit is canceled by Father for a reason
other than illness unless both parents are in agreement.
Page 4
7. The parties shall share the responsibility of transporting their child to
and from any visits on weekends, with Wife responsible for the
morning transportation, unless the parties otherwise agree in advance.
Mother shall not be responsible for driving any further than a radius of
twenty-five (25) miles from her current residence.
Husband shall be responsible for maintaining health insurance coverage
monthly for the child until he reaches age twenty-three (23), has completed his
education, or is otherwise emancipated.
The parties shall share equally any medical and dental expenses not covered
by insurance, including, but not limited to the deductible for the child's medical
insurance, eyeglasses, prescription medication, prostheses, and mental health
services, whether provided by a social worker, psychologist, psychiatrist, or
counselor.
V. Child Support & Insurance
In order to supply the information required by Section 20-60.3 of the Code of
Virginia, 1950, as amended, the parties state the following:
Wife represents that her name, date of birth, social security number, current
address, and place of employment are as follows:
Name: Anna Louisa Papero Eagen
Date of Birth: October 12, 1969
SSN: 217-04-0692
Address: 203 Orchard View Lane
Blacksburg, Virginia 24060
Employment: Office of the Dean
College of Human Resources & Education
Page 5
Virginia Polytechnic Institute & State University
238 Wallace Hall 0426
Blacksburg, VA 24061
Husband represents that his name, date of birth, social security number,
current address, and place of employment are as follows:
Name: Matthew Ray Eagen
Date of Birth: August 22, 1972
SSN: 212-04-5765
Address: 7003 Cherry Branch Road
Radford, Virginia 24141
Employment: Dublin Animal Hospital, Inc.
5720 Bagging Plant Road
Dublin, VA 24084
The parties acknowledge that while Husband is enrolled as a
full-time veterinary student, he shall pay to Wife, as child support, each month on
the first of the month, Two HUNDRED AND 00/100 DOLLARS ($200.00) per month,
commencing on the 1st day of January, 2002. Thereafter, commencing July 1, 2002,
child support is payable by Husband monthly in the amount of EIGHT HUNDRED
FORTY-EIGHT AND 00/100 DOLLARS ($848.00) per month, payable on the 1st day of
the month. Said child support payments shall continue to be paid for the child who
is a (i) full time high school student, (ii) not self-supporting, and (iii) living in the
home of the parent seeking or receiving child support until the child reaches
nineteen (19) years of age or graduates from high school, whichever first occurs.
The child support obligation is awarded in accordance with the
guidelines outlined in Virginia Code Section 20-108.1. There is not a deviation from
Page 6
the guidelines.
Health care coverage for the child shall be provided by Husband.
If support provided in this Order becomes payable through the
Department of Social Services (DSS), the parties shall give each other and DSS at
least thirty days' advance written notice of any change in residence, and in addition,
the delinquent obligor shall inform DSS of the name and address and phone number
of his/her current employer. If support is paid directly to the obligee, then obligor
shall keep the Court informed of the name, address, phone number of his current
employer.
In determination of a support obligation, the support obligation as it
becomes due and unpaid creates a judgment by operation of law.
The Department of Social Services may, pursuant to Chapter 13 (Section
63.1-249, et seq.) of Title 63.1 and in accordance with Section 20-108.2 and Section
63.1-252.2, initiate a review of the amount of support ordered by any court.
Pursuant to Section 20-124.5, either party who intends to relocate his or
her residence shall give a 30-day advance written notice of any such intention to
relocate and of any intended change of address, said notice being given both to the
other party and to this Court.
VI. Life Insurance
Wife and Husband shall keep life insurance on their lives in the amount of
ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000.00) each, with their child,
(or a trust for the child) as beneficiary until he reaches twenty-three (23) years of
Page 7
age, has completed his education, or is otherwise emancipated.
VII. Spousal Support
As expressly agreed to in Section I, Paragraph A, both parties waive all
claims of spousal support against the other, including any and all claims of alimony
and maintenance, attorney's fees, disability insurance, housing payments, pensions,
and any and all other types of support payable from one spouse to another and not
included in this Agreement.
VIII. Joint Debts
The parties agree to the division of the marital debt as follows:
Wife agrees to assume and to pay the amount due on the Deed of Trust
Note held by Washington Mutual secured by the real property located at 203
Orchard View Lane, Blacksburg, Virginia 24060. Wife expressly agrees to release
Husband from the secured debt through refinance within ninety (90) days of
execution of this agreement.
2. Wife agrees to pay be responsible for one-half of the $2,000.00 debt
owed to Husband's parents for the 1994 Dodge Intrepid. Wife agrees to pay this
debt within thirty (30) days of execution of this agreement. Henceforth, Husband
shall be solely responsible for the remaining $1,000.00 debt to his parents, and
shall indemnify and hold harmless Wife thereto.
3. The parties acknowledge that both have student loan debt obligations.
Wife expressly agrees that she will be exclusively responsible for her own student
loan debt, and shall indemnify and hold Husband harmless thereto. Husband
Page 8
expressly agrees that he will be exclusively responsible for his own student loan
debt, and shall indemnify and hold Wife harmless thereto.
4. All charge accounts or extensions of credit in either party's name will
no longer be available for the use of the other spouse. Neither party shall do any
act or contract any debts, charges, or liabilities for which the property or the estate
of the other shall be liable.
IX. Freedom from Restraint and Interference
The parties will continue to live separate and apart from one another, and
each party shall be entitled to live free from the molestation, authority or control,
direct or indirect, of the other in the same manner as if unmarried, and each party
shall have all the lawful rights and privileges that each would otherwise have if not
married to the other, including the right to reside at any place, associate with any
person, engage in any occupation, employment or business, and to contract and be
contracted with, without the consent of the other.
X. Binding on Heirs and Assigns
All of the terms and conditions contained in this Agreement, shall apply to,
bind and be obligatory upon the heirs, executors, administrators, personal
representatives and assigns of the parties hereto.
XI. Relinquishment of Claims
Each party hereby forever relinquishes and releases all right, title and
interest which each now has or ever may have in and to the real, personal, and
mixed property of the other, all right under the "augmented estate" law, all right,
Page 9
title and interest which each has or ever may have in and to the property or estate
of the other, at either's death, and all right and interest to take against under the
other's Will or under the intestate laws, and each and every other right, title and
interest each has or ever may have against the other, his or her heirs, executors,
administrators, and assigns excepting only every right is given to each party in and
by this Agreement.
XII. Further Assurances to Execute Documents
The parties hereto shall and will at all times hereinafter make, execute and
deliver all such further instruments and things that the other party shall require or
request for the purpose of giving full effect to this Agreement and to the covenants
contained herein. Each party also agrees to cause appropriate court orders to be
entered to reflect their agreement as embodied herein.
XIII. Severability
If a Court of competent jurisdiction shall, at any time, hold that a portion of
this Agreement is invalid, the remainder shall not be affected thereby and shall
continue in full force and effect, provided this Agreement has not been theretofore
breached or violated by either party.
XIV. Bankruptcy
It is mutually understood, covenanted and warranted that none of the
financial duties and responsibilities of the parties to each other under the terms of
this Agreement shall be dischargeable in bankruptcy, because each party has given
bona fide consideration and has relinquished marital rights as consideration
therefor. The parties further specifically intend any hold harmless or debt
Page 10
agreements, and provisions regarding the payment of attorney's fees and costs, to be
in the nature of the payment of alimony, maintenance or spousal support, and
therefore any such agreements shall not be dischargeable in bankruptcy. In the
event a party to this agreement files for bankruptcy, the creditor spouse shall be
entitled to attorney's fees and costs incurred in protecting his or her rights as
provided by this agreement.
The parties further recognize and agree that to the extent any obligation of a
party under this agreement is not in the nature of alimony or support, then that
obligation is non-dischargeable in bankruptcy, because it has been incurred by the
responsible party in the course of divorce or separation or in connection with a
separation agreement, divorce decree or other order. The parties acknowledge that
each of them has the ability to pay any obligation that either of them accepts under
the terms of this agreement. The party who accepts an obligation under this
agreement can pay such obligation from income or property of that party which is
not reasonably necessary to be expended for the maintenance or support of that
party or that party's dependent(s) and which is not necessary for the payment of
expenditures necessary for the continuation, preservation and operation of a
business. Discharging any obligation or debt under this agreement would result in
a detriment to the non-obligated party that outweighs the benefit to the party
requesting any discharge.
The debts shall survive the filing of any petition in bankruptcy by either
party, whether voluntary or involuntary. All proceedings arising from this
Agreement, as well as any general assignment for the benefit of creditors or other
Page 11
proceedings based on insolvency and any claims hereunder, shall remain in full
force and effect at all times and enforceable until performed and discharged in
accordance with this Agreement.
XV. Filing Divorce Suits and Incorporating Agreements
The parties agree that this Agreement is to be submitted to the Court for
confirmation, ratification, and approval and the terms of the same will be made a
part of and incorporated into the decree. Regardless of whether or not this
Agreement is affirmed, ratified, and approved by a Court of competent jurisdiction
as a part of divorce proceedings, this Agreement shall be independently enforceable
as a contract in law or equity.
This Agreement contains the entire agreement between the parties and there
are no oral or written promises, inducements or agreements whatsoever between
them, except as herein provided. This agreement supersedes all prior written and
oral agreements between the parties.
XVI. Attorneys' Fees
Although this is not an agreement to obtain a divorce, in the eventuality that
divorce proceedings are filed, it is understood that the parties will seek a no fault
divorce and will bear their own attorney's fees and costs.
If it is necessary for either party to employ counsel in connection with a
breach of the terms of this Agreement after its execution, the non-breaching party
will be entitled to payment of attorney's fees and costs incident to the breach if his
or her position relative to the breach is substantially maintained by settlement or
Page 12
court order.
XVII. Advice of Counsel
Wife and Husband acknowledge that they are entering into this Agreement of
their own accord and without coercion or pressure of any kind; that the parties have
fully disclosed to each other all information pertaining to their income and assets
likely to influence their judgment herein; that the parties have had the opportunity
to seek independent legal advice from counsel of their own selection; that they have
been duly apprised of their legal rights to their satisfaction; that all provisions of
this Agreement, as well as all questions pertinent thereto, have been fully and
satisfactorily explained to them; that they have given due consideration to such
provisions and questions, and understand them clearly; that the settlement
embodied in this Agreement is in all respects acceptable to them, being consistent
with the parties' income and assets, and ample for the parties' needs, and that
accordingly they assent to all the provisions hereof. This Agreement is entered into
with the full knowledge of the existence and effect of the concept of the equitable
distribution of the marital property as set forth in section 20-107.3 of the Code of
Virginia, 1950 as amended.
The parties acknowledge that Wife is a client of Stephanie A. Murray, Esq.,
and that Husband is a client of John J. Robertson, Esq.
Paae 13
IN WITNESS WHEREOF, the parties have hereunto set their respective
hands, and seals this 1-6* day of July, 2002.
(SEAL)
ANNA LOUISA PAPERO EAGEN
J (SEAL)
'?4e'z 4 TP6ATTHEW Y E GEN
STATE OF VIRGINIA,
COUNTY OF MONTGOMERY, TO-WIT:
The foregoing instrument was acknowledged before me this
day of July, 2002, by Anna Louisa Papero Eagen.
My commission expires CZ ^
NOTARY PUBLIC
STATE OF VIRGINIA,
CITY/COUNTY OF MOKC0$ TO-WIT:
The foregoing instrument was acknowledged before me this
day of July, 2002, by Matthew Ray Eagen.
My commission expires 9GP'fG-r'i? 30, Z003
NOTA Y PUBLIC
Page 14
MATTHEW R. EAGEN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ANNA LOUISA PAPERO EAGEN
• 2010-1287 CIVIL ACTION LAW
IN CUSTODY
DF~;FI:NDANT
ORDER OF COURT
AND NOW, ~___ __Thursda ,March 04, 2.010 _ _ ___ ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator°,
at 4th Floor ,Cumberland Coun Courthouse, Carlisle on Friday, March 26, 2010 at 8:30 AM
for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to a~t~eai° at the conference may provide grounds for entry of a temporary or permanent ardor.
The court hereby directs the parties to furnish any and ail existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
B y : /s/ Hubert X. Gilroy, Es
Custody C: onciliator
The Court of Common Pleas of Cumberland County is required by raw to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact ol~r office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. lF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WNERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3 l66
ARY'
2010 MQR _~ ppl i2; 24
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