Loading...
HomeMy WebLinkAbout01-1032 SAIDIS SHUFF, FLOWER & LINDSEY 26 W. High Streel LAWRENCE W. PECHART, JR., : Plaintiff : SHIRLEY J. PECHART, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV~a~IA TERM CIVIL ACTION - LAW IN DIVORCE NOTICE 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 10se 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 counselling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland 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 TAK~ THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAb[NOT 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 SAIDI~~R & LINDSAY ~0o , BY:Joh~k~Esq~q~~ ~e Supreme Couqzt ID # 53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS SHUFF, FLOWER & LINDSEY Carlisle, PA LAWRENCE W. PECHART, JR., Plaintiff V. SHIRLEY J. PECHART, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PElVNSYLV~IA NO. ~/- z~3e2IVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 (c) OR 3301 (d) 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 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 of the availability of the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court a decree in divorce. Date: ~ /&- O/ By: to enter Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY S~reme ~6/rt ID # 53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS SHUFF, FLOWER & LINDSEY 26 W. High Street 2 AFFIDAVIT SAIDIS SHUFF, FLOWER & LINDSEY 26 w, High Street Carlisle, PA I, Lawrence W. Pechart, Jr., being duly sworn according to 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 require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject Section 4904 relating to unsworn to the penalties of 18 Pa. falsification to authorities. ~ . ~rence W. Pec/~.art, er. Q__//Pl~intiff VERIFICATION I verify that the s~atements 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. SAIDIS SHUFF, FLOWER & LINDSEY 26 w. High Street Carlisle, PA LAWRENCE W. PECHART, JR., Plaintiff SHIRLEY J. PECHART, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01-1032 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND ARD 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 LAWRENCE W. PECHART, JR., : Plaintiff : SHIRLEY J. PECHART, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01-1032 CIVIL TERM 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 22nd 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. 14. herself and pay counsel the action. 15. Plaintiff alimony pendente lite, this divorce action WHEREFORE, Defendant requests a Decree: Defendant does not have sufficient funds to support fees, costs and expenses incidental to is full and well able to pay Defendant counsel fees and expenses incidental to this Honorable Court to enter (a) Dissolving the marriage between the Plaintiff and Defendant; (b) and real, owned by the parties; Equitably distributing all property, both personal counsel adequately prosecute this case; (e) Such further relief equitable and just. (c) Ordering alimony; (d) Ordering alimony pendente lite, in addition to fees and expenses necessary for the Defendant to as the Court may deem PURCELL, KRUG &~LLE~ 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 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 DEFENDAIqT'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) ~ C t~ c © C 0 LAWRENCE W. PECHART, JR., Plaintiff SHIRLEY J. PECHART, Defendant NOW COMES, Purcell, 1. 2. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1032-CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE, COSTS, COUNSEL FEES & EXPENSES Petitioner, Shirley J. Pechart, by her attorneys, Krug &Haller, and files the following Petitioner: A Complaint in Divorce was filed on February 16, 2001. On April 20, 2001, Petitioner filed an Answer with Counterclaim wherein she seeks, inter alia, distribution, alimony, expenses. 3. Petitioner has retained counsel equitable alimony pendente lite, counsel fees and 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. 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. Dated: ~dB ~qui re_/: 1~7~9 North Front Street Harrisburg, PA 17102 (717) 234-4178 RPR-25-200& 89:39 PURCELL kRUG RND HRLLER 9172341~409 P,02 VERIFICATION I, SNIRLEY J. PECHART, hereby verify that the facts contained in the foregoing P~TITION FOR APL, COSTS, COUNSEL FEES and EXPENSES are true and correct to the bes~ 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, rela=ing to unsworn falsification to authorities. TOTAL P. 02 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 ~q~f, 2001: Johnna J. Kopecky, Jr., Esquire 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff LAWRENCE W. PECHART, JR., Plaintiff/Respondent VS. SHIRLEY J. PECHART, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - DIVORCE ?~ -~ L : NO. 01-1032 CIVIL TERM : IN DIVORCE ~[~ : DR# 30,619 ~..~ ~,'\ :.~, : Pacses# 813103407 ORDER OF COURT AND NOW, this 26th day of April, 2001, upon consideration of the attached Petition for Alimony Pendente Lite and/or cotmsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on May 31, 2001 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, at, er which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. NOTE: The support conference previously scheduled before Frank Goshorn will not be heard by R.J. Shadday on the same date. YOU are further ordered to bring to the conference: (1) 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 1910.11© (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 Petitioner 4-26-01 to: < Respondent Howard Krug, Esquire Johnna Kopecky, Esquire ~/1 A~ You HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AI~/ REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GI~TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ~CE W. PECHART, JR., Pl~nfiff/P~sponde-nt vs. SHIRLEY J. PECHART, Defendant/Petitioner ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 01-1032 CIVIL 813103407/D30619 ORDER AND NOW, to wit on this 4TH DAY OF JUNE, 2001 IT IS HEREBY ORDERED that the C) Complaint for Support or C) Petition to Modify or (~) Other PETITION FOR A.P.L. filed on ~mRIn 26, 2001 in the above captioned matter is dismissed without prejudice due to: THE PARTIES' INCOMES AND THE PENNSYLVANIA GUIDELINES. © The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: JUDGE Form OE-506 Service Type M Worker ID 21005 LAWRENCE J. PECHART, JR., : Plaintiff : VS. : SHIRLEY J. PECHART, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1032 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please withdraw any and all Claims and Counterclaims of Defendant, Shirley Pechart, in the above matter. ID ~F6826~ ~ 1719 Nom~f?r-Front Street Harrisburg, PA 17102 (717)234-4178 Attorney for Defendant Date: September 24, 2001 ALL-STATELEGALSUPPLYCOFOR~ 0 ~ ~:x~ L"d 0 0 0 C,~ ~--] ro ,-~0