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HomeMy WebLinkAbout01-2079 RICHARD PHILLIPS EIDE, IH, · IN THE COURT OF COMMON PLEAS OF Plaintiff, · CUMBERLAND COUNTY, PENNSYLVANIA vs. · NO. O I'..107~ CIVIL TERM TARA BROOKE EIDE, . Defendant. · IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to &fend against thc claims set forth in the following pages, you must take prompt action. You arc 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 thc court. A judgment may also be entered against you for any other claim or relief requested in these papers by thc 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 IF YOU DO NOT FR,E A CLAIM FOR ALIMONY, DMSION 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, TO GET LEGAL HELP SHOULD CONTACT: Cumberland County Lawyer Referral Service 2 Liberty ~4venue, Carlisle, Pennsylvania 1-(800)-990-9108 COYNE & COYNE, P.C. Camp Hill, PA 17011-4227 (717) 73 7-0464 Pa. Supreme Ct. No. 06250 ~tttorney for Plaintiff RICHARD PHILLIPS EIDE, IH, · IN THE COURT OF COMMON PLEAS OF Plaintiff, · CUMBERLAND COUNTY, PENNSYLVANIA VS. TARA BROOKE EIDE, . Defendant. · IN DIVORCE COMPLAINT IN DIVORCF, NOW COMES the Plaintiff, RICHARD PHILLIPS EIDE, III, by his attorney, Henry F. Coyne, Esquire of Coyne & Coyne, P.C., and files this Complaint In Divorce and avers the following in support thereof: 1. The Plaintiff, RICHARD PHILLIPS EIDE, III, is an adult individual, suijuris, residing at 701 Stanwix Circle, Apt. B, Carlisle Barracks, Cumberland County, Pennsylvania. 2. The Defendant, TARA BROOKE EIDE, is an adult individual, suijuris, residing at 261 Camby Drive, Kingsport, Tennessee 37664. 3. The Plaintiff has been a bona fide resident in the Commonwealth for at lest six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 14, 1999 in San Antonio, Bexar County, Texas 5. The Defendant is a member of the United States Army Reserve (active). 6. There have been no prior actions of divorce or for annulment commenced by the parties. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Further, Plaintiff waives his right to request that the parties participate in marriage counseling. 8. The marriage is irretrievably broken. 9. After ninety (90) days have elapsed from the date of tae filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenint to a divorce after ninety (90) days have elapsed from the filing of this Complaint, or alternatively if the appropriate time has elapsed since date of separation, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce, pursuant to Section 3301 (c) or Section 3301 (d), as may be appropriate. Respectfully submitted: COYNE & COYNE, p.~//~ Dated: ~- g ~ 4~_ ! _ By: - ~_MM,~,4_~ (ii_ ~.,,?~'~_ ry V. Coyne, /qui; / - 3901 Market Street Camp Hill, PA 17011-4227 (717) 73 7-0464 Pa. S. Ct. No. 06250 Attorney for Plaintiff ~VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A.. § 4904. Dated: Ffl~hard Pffillips Eide, · : RICHARD PHH.,LIPS EIDE, HI, · IN THE COURT OF COMMON PLEAS OF Plaintiff, · CUMBERLAND COUNTY, PENNSYLVANIA VS. ' NO.~I-.7~ 7~ CIVIL TERM TARA BROOKE EIDE, . Defendant. · IN DIVORCE says: I, RICHARD PIHLLIPS EIDE, IH, Plaintiff, being duly sworn according to law, deposes and 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 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 counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. No. 4904 relating to unswom falsification to authorities. ~MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of_ _~ ra, O~_.~'~_ __, 2001, by and between TARA BROOKE EIDE, hereinafter referred to as "Wife", and RICHARD PHILLIPS EIDE, III, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 14, 1999 in San Antonio, Bexar County, Texas and separated on December 17, 2000 at the Carlisle Barracks, Cumberland County, Pennsylvania; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart fi'om one another, and are desirous of settling fully and finally their respective financial and property fights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and fights growing out of the marriage relationship; and separation on or about December 17, 2000 she has not, and in the future she will not, contract or incur by debt or liability for which Husband or his estate might be responsible and shall r : ' , r , I 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her fight to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, fights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. Section 3302. 7. The parties distributed their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the marriage; the age, health, station, mount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans, or individual retirement accounts, retirement benefits, of any nature and Social Security benefits to which either party may have a vested or contingent fight or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, ,i i Husband and Wife further, voluntarily and knowingly, waive and relinquish any fight to seek from the other any payment for alimony. 12. Husband and Wife fimher, voluntarily and knowingly, waive and relinquish any right to seek from the other any payment for alimony pendente lite, counsel fees, and expenses. Each party shall be responsible for his or her own attorney fees. 13. INCOME T/IX RETURN.% The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold 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 to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 14. W/lIVERS OF CLAIMS ~4G~41NST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all fights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right and take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect his mutual waiver and relinquishment of all such interests, fights and claims. 15. MUTU~4L CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, waivers of notice, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a final decree in divorce pursuant to said 23 Pa. C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in, but shall not merge into, any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16. BREACHAND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the fight, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of attorney fees and court costs incurred by the other in enforcing his or her fights under this Agreement. 17. ADDITIONAL INSTRUMF~NTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 10 RIC~~ PHILLIps EIDE, III, Plaintiff, ' IN THE COURT OF COMMON PLEAS OF ' CUMBERLAND COUNTY, vs. · PENNS~VANiA BROO~ EIDE, ' Defendant. ' · IN DIVORCE TO THE PROTHONOTARY: 2001. Kindly docket of record the attached Mart/age Settlement Agreement, dated March 28, Respectfully, COYNE & COYNE, P.C. Dated: ~_ By: :., treet Camp Hill, PA 1701 ~-4227 (717) 73 7-0464 Pa. Supreme Ct. No. 06250 ,4ttorney for Plaintiff Plaintiff, · IN THE COURT OF COMMON PLEAS OF · CUMBE~~ COUNTY, PENNS~VANIA ¥$o · · NO. 01-2079 CIVIL TERM TARA BROOKE EH)E, ' Defendant. ' · IN DIVORCE PROOF OF SERVICE Original service of thc Complaint in Divorce, filed April 9, 2001, was made upon Defendant on April 20, 2001 by First Class Certified Mail, Restricted Delivery, United States Postal Service. Coyne &__Coyne, P.C. By · . ~e ~ Camp Hill, PA 17011-4227 ~' (717) 737 0464 .~ .- Pa. Supreme Ct. No. 06250 ~ ~ .4ttorneyfor Plaintiff ._> ..... · ~. .~ I~1 ~eturn Receipt Fee Postmark ~ E ~ (EndOrsement Required) o Hem · "b, ~ ~ [~ TotalPos'tage&Fee8 $ $7.15 04/16/2001 RICHARD P~LIPS E/DE, IH, Plaintiff, ·/N THE COURT OF COMMON PLEAS OF vs. ' CUMBERLAND COUNTY, ' PENNSYLVANIA · NO. tg/-,ToTq CIVIL TERM TARA BROOKE EIDE, ' Defendant. ' · IN DIVORCE .4FFID~4 FIT OF CONSENT 1. A Comp/aim In Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to thc entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that fa/se statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to author/ties. Dated.._~~ ._/_~ ~ vo / EIDE, HI, Plaintiff RICHARD PHILLIPS EH)E, HI, Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBE~~ COUNTY, PENNS~V~A VS. ° · NO. 01-2079 CIVIL TERM TARA BROOKE EIDE, ' Defendant ' · IN DIVORCE dFFID,4 g'IT OF CO ' ONSEN.] 2001. 1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was filed on April 9, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements statements herein are made subjectmade in this affidavit are true and correct I un , that false to the e · derstand falsification to authorities, p nalties of 18 Pa. C.S. Section 4904 relating to unsworn Dated: '~-- ~o ~ '~ ¢~o t TARA BROOKE E/DE, Defendant RICHARD PHILLIPS EIDE, IH, · IN THE COURT OF COMMON PLEAS OF Plaintiff, ' CUMBE~AND COUNTY, PENNSYLVANIA VS. · NO. 01-2079 CIVIL TERM TARA BROOKE EIDE, : Defendant. · IN DIVORCE ~'~R¥ OF A DIVORCE. c.~.~ -,~ ..... UEST 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree 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 mad_c in this affidavit arc truc and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. RICHARD PHILLIPS EH)E, IH, Plaintiff, · IN THE COURT OF COMMON PLEAS OF · CUMBEP~AND COUNTY, PENNSYLVANIA VS. · NO. 01-2079 CML TERM TARA BROOKE EH)E, ' Defendant. · IN DIVORCE WAIVER OF NOTICE OF COUNSELING I, TARA BROOKE EIDE, Defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to mc upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. No. 4904 relating to unsworn falsification to authorities. Dated: RICHARD PHILLIPS EIDE, HI, Plaintiff, · IN THE COURT OF COMMON PLEAS OF ' CUMBERL~ COUNTY, PENNS~V~A ¥$o ° · No. /-gozq crv TI RM TARA BROOKE EIDE, ' Defendant. ' · IN DIVORCE 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree 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 affidavit 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. Date:~ ~--/_ .... --~- --~,~ara rIOE, HI, Plaintiff -- RICHARD PHR,LIPS EH)E, HI, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBE~AND COUNTY, PA VS. · NO. 01 - 2079 CIVIL TERM TARA BROOKE EH)E, ' Defendant ' · IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretr/evable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service Restricted Delive . of the complaint: ~ 3. (comPlete either paragraph (a) or (b).). a. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff on ~; by defendant on ~. Divorce Code: b. (1) Date of execution of the affidavit required by Section 3301(d) of the (2) Date of filing and service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: NONE 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary..(b)August 6, 2001. Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: August 6, 2001. .,- . Pg Supreme Ct. No. 53788 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RIC~AR-D---P~-I-LLIP.$..Ei~)E.,....i. iZ ...................... // ~() 01-2079 Civil T~m TARA BROOKE EIDE DECREE IN DIVORCE ;~; AND NOW .~. ~, ~u. ~.~ l.~ ~ ' .... · ............. , x]~. ,%0.01, it is ordered and '" · , ~"~ · · · ,~,e~ ~ decreed that ~T-C~TA~. ~HZ.T.,T.,IpS .]~ZD,Cr. ZZ~ .............. , plaintiff, ~ and ............. T.A.~?..BROOKE EIDE ...................................... , 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. ~o~. ' · . The Marriage Settlement Agreement, dated March 28, 20 ......................... 01, is , ,.' · · · · · · · · · · · · o , · · · · , · · · · · · , · , incorporated and no merged into this Final Decree in Divorce. ... · . . ~ ' ~ Prothonotary . · ... -:.;:~:,;::........ ..... ...,,.. "~:~:;':' '~'~";:;' '"':~:~:" ::~:~:~"': :'<~>"' ":':~::;: ':~:~:,:. ". ;:e;..,. '".:e:., ." ;:~:..:~:... ::<.:; .,: :::':e:<: :: ,:e:- :~-':e:::: :::,:~:,.:: ::::e:-'...:e:...' :: ','e:.,:: '. ':e:.. :: :":e:,.'