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HomeMy WebLinkAbout93-0980AS OF o9-o~-aoo~ CASE# 9 3 - q ~'a HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. r ~' WALTER M. ECKMAN, III, Plaintiff vs. VONNY E. ECKMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 980 CIVIL 1993 IN DIVORCE PETITION TO TERMINATE ALIMONY AND CANCEL ARREARS AND NOW comes Walter M. Eckman, III, by his attorney, Samuel L. Andes, and petitions the court to terminate his alimony obligation in this matter, based upon the following: 1. The Petitioner herein is Walter M. Eckman, III, an adult individual who resides at 1 Tioga Lane in Carlisle, Cumberland County, Pennsylvania. 2. The Respondent herein is Vonny E. Eckman, an adult individual who resides at 1417 Mt. Holly Pike in Carlisle, Cumberland County, Pennsylvania. 3. The parties are formerly husband and wife having been divorced by a final decree entered in this matter to the above caption. 4. At the time this court entered the final decree in divorce it ordered the Petitioner to pay alimony in the amount of $2,000.00 per month to the Respondent for an indefinite term. From the entry of that order, the amount of alimony has been modified on one or more occasions, as Petitioner's income changed, but the alimony order has continued in full force and effect and the Petitioner has paid the alimony required by the court. 5. Petitioner is now age 62 and has retired from active employment. At the present time, his income consists of social security payments of approximately $1,485.00 per month, a pension payment in the amount of $528.00 from Carlisle Tire and Rubber and small income from investments he holds. As a result of this reduction in his income, Petitioner can no longer afford to pay alimony to Respondent. 6. Petitioner believes Respondent is employed and enjoys regular income. In addition, he is aware that Respondent has substantial assets, including the substantial gain made when she sold the parties' former marital residence, with which she can meet her reasonable needs and living expenses. 7. Under the circumstances, it is unreasonable and unjust to require Petitioner to continue to pay alimony to Respondent. 8. Since Plaintiffs retirement, the prior alimony order has continued to charge and the Domestic Relations Office's records indicate a substantial arrearage for the time after Plaintiffs retirement. Plaintiff believes it is unfair to require him to pay alimony after his retirement and requests that any arrearages in this matter be stricken. WHEREFORE, Petitioner prays this court to terminate the alimony he is obligated to pay Respondent in this matter and to strike or cancel all arrearages under the current order. =~rv ~ Samu~'PL. Andes Attorney for Respondent Supreme Court ID # 17225 525 North 12`" Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: oG d~ Walter M. Ec an _., y C) ~v C,' i a ~ ~,_ rn 47 . ~ ~ ~ ~ ~ `CSC R v ,i<, ~ ~ ' , ~ : ~ ~, S ~c>> ~ N `=i to , 7 '- i ~ ~ `-:7 ~+ "C ~. WALTER M. ECKMAN, III, Plaintiff vs VONNY E. ECKMAN, Defendant ,1 1 SEP ~ r-` l(11~~ $Y: ~ __- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 980 CIVIL 1993 IN DIVORCE ORDER OF COURT AND NOW this / ~ ~ day of ~.~,<k,.(r~ , 2006, upon consideration of the attached Petition, a Rule is hereby issued upon the Respondent Vonny E. Eckman, to show cause, if any she has, why the relief requested in this Petition should not be granted and the alimony in this matter should not be terminated and any arrears under the current order be stricken and vacated. The Rule shall be served upon the Respondent personally and is returnable z o days from the date of service. Distribution: .~t5amuel L. Andes, Esquire (Attorney for Petitioner) P.O. Box 168, Lemoyne, PA 17043 onny Eckman, pro se (Defendant) 1417 Mt. Holly Pike, Carlisle, PA 17013 ' ~ ~. ' c ~ ,~~, BY THE COURT, 1 :lf Jvt ~: -..~~~'' ~ ~ r, WALTER M. ECKMAN, III Plaintiff vs. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA No. 984 Civil 1993 VONNY E. ECKMAN Defendant IN DIVORCE DEFENDANT'S RESPONSE TO PETITION TO TERMINATE ALIMONY AND CANCEL ARREARS AND NOW, comes Vonny E. Eckman, by and through her attorney, Sally J. Winder, Esquire, and files the following Response to the Petition requesting that the alimony obligation be ongoing in this matter, based upon the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. Admitted that there exists an order for alimony as part of the final divorce decree and that such alimony order was indefinite. The alimony order was docketed to PACSES No. 321100018 which currently shows an arrearage of $6,577.42. 5. Admitted in part and denied in part. It is admitted that Petitioner is now age 62. The amount of Petitioner's Social Security income is not known to Defendant and strict proof thereof at any hearing scheduled in this matter is demanded. If Petitioner has retired from "active employment" it has been a voluntary choice and reduction of income which should not affect the existence of the alimony order; therefore, it is denied that this is a valid reason to terminate the alimony order and cancel arrears as requested by Petitioner. The amount of the pension payment from Carlisle Tire and Rubber is unknown to Defendant and strict proof thereof at any hearing scheduled in this matter is demanded. Petitioner does admit that he has investment income and fails to provide that income information in his Petition. The amount of that income and proof thereof is demanded at any hearing scheduled in this matter. It is denied that Petitioner can no longer afford to pay alimony. On the contrary, Defendant avers that Petitioner is employed and does have sufficient income to continue to pay support. 6. Admitted in part and denied in part. Admitted that Defendant has been employed in various jobs since the divorce. Admitted that Defendant was awarded the former marital residence in the divorce. The award of the marital residence was in conjunction with the order for alimony. Therefore, it is denied that Petitioner should be permitted to infer that the award of the former marital residence and sale of it alleviate Petitioner's obligation to pay alimony. Denied that Defendant is able to meet her needs and living expenses for the rest of her life from the limited proceeds from sale of the former marital residence. On the contrary, Defendant is entitled to ongoing alimony and is in need of that money to meet her needs and living expenses. 7. Denied. On the contrary, it is reasonable and just for the Court to require Petitioner to continue to pay his financial obligation to Defendant under the alimony order which he knew was in full force and effect when he voluntazily chose to "retire" at age 62 and apply for Social Security benefits. Payment of the order being "unreasonable and unjust" is denied and strict proof thereof is demanded at any hearing scheduled in this matter. $. Denied. On the contrary, Defendant believes and therefore avers that the arrearages are due and owing and that any arrearages shown are payable to Defendant with no reduction or credit to Petitioner. Additionally, it is denied that it is unfair to require Petitioner to continue to pay alimony. WHEREFORE, Defendant prays this Honorable Court deny the request to terminate the alimony order and order Petitioner to continue payment of the alimony order and all arrears accumulated on said order. ~w~, Sally J. V~(~nder Attorney or Defendant Supreme Court ID 24705 9974 Molly Pitcher Highway Shippensburg, PA 17257 VERIFICATION I verify that the statements made in this pleading 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: ll' b oZ -D to t~~ VONNY . ECKMA C'+ e:` ~. ~~ _-i ~: ~ -~ -r~ s-; z sin , ~- - ~' .) f t ,_' -- ..+~~ 1, ~I-~ ' y - ~, SHERIFF'S RETURN - REGULAR CASE NO: 1993-00980 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECKMAN WALTER M III VS ECKMAN VONNY E WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER AND PETITION was served upon ECKMAN VONNY E the RESPONDENT at 1032:00 HOURS, on the 18th day of October 2006 at 1417 HOLLY PIKE CARLISLE, PA 17013 VONNY E ECKMAN by handing to a true and attested copy of ORDER AND PETITION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge iml3o~sG Sworn and Subscibe to before me this So Answers: 18.00 .39 10.00 R. Thomas Kline .00 32.79, 10/19/2006 SAMUEL ANDES day Deputy Sheriff of A.D. i~ t. r~ WALTER M. ECKMAN, .III, Plaintiff vs. VON NY E. ECKMAN, Defendant !N THE COURT OF COMMON PLEAS-OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 980 CIVIL 1993 IN DIVORCE MOTION FOR HEARING AND NOW comes the above-named Plaintiff, and petitions the court to schedule a hearing on his Petition to Terminate Alimony and cancel arrears. Samuel L. odes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12t" Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 * ~ .~ CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 Date: 2 February 2007 Amy arkins retary for Samuel L. Andes #. ('°t r~ C~ C'- < ~ °+i ~ r-=- I~TF ~-~ -r•s f'.. t C~' - C..~l ~, - _ _ ~~ ' :, _ ,S _...~ ^, ii 1~ M WALTER M. ECKMAN, III, Plaintiff vs. VONNY E. ECKMAN, Defendant ORDER OF COURT Fie o e 2ooi -~"y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 980 CIVIL 1993 IN DIVORCE AND NOW this f~~ day of ~~ ~ , 2007, a hearing is hereby scheduled, to be held before the undersigne , in Court Room No. ~_ of the Cumberland County Courthouse in Carlisle, Pennsylvania, on Plaintiff's Petit'on to Terminate Alimony and Cancel Arrears. The hearing is scheduled for ,! 3~ o`clock ~D.m. on o?3 oit14 7. Distribution: amuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12t'' Street, P.O. Box 168, Lemoyne, PA 17043 ~~ Ily J. Winder, Esquire (Attorney for Defendant) 9974 Molly Pitcher Highway, Shippensburg, PA 17257 BY THE COURT, «. .~ t'~~';~` ~{1~~~~i ~~~~c~ ~ ~ ~~~ ~r~ ~ ~ ~~~ ~~~~ Jl~lq~+.~#.~ 3~-LI. WALTER M. ECKMAN, III, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 980 CIVIL 1993 VONNY E. ECKMAN, IN DIVORCE Defendant IN RE: TERMINATION OF ALIMONY BEFORE HESS, J. ORDER AND NOW, this / 9' day of July, 2007, the alimony order in this case is modified to provide that the plaintiff will pay to the defendant alimony in the amount of $300.00 per month from and after July of 2006. ~uel Andes, Esquire For the Plaintiff ~lly Winder, Esquire For the Defendant J :rlm BY THE COURT, ~ . ~,~:f ' .u Ji~~ 1 WALTER M. ECKMAN, III, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 980 CIVIL 1993 VONNY E. ECKMAN, IN DIVORCE Defendant IN RE: TERMINATION OF ALIMONY BEFORE HESS, J. OPINION AND ORDER The question posed by this case is whether voluntary retirement qualifies as a substantial change in circumstances allowing the court to exercise its discretion to terminate alimony payments based on 23 Pa.C.S. 3701(c).1 Mr. and Mrs. Eckman divorced in 1999. N.T., Hearing May 23, 2007, at pg. 4. The divorce master set alimony at $2,000.00 per month. From 1999 to 2001, alimony was reduced several times with the final reduction to $700.00 per month. N.T. at 5-6. Mr. Eckman met all alimony requirements until Apri12006, at which point he stopped paying altogether. N.T. at 16-17. In July 2006, Mr. Eckman retired and began receiving social security payments of $1,534.00 per month. He continues to engage in part-time work. N.T. at 6- 7; Plaintiff s Exhibit 2, Hearing May 23, 2007. Ms. Eckman also retired in 2006, receiving social security payments of $758.00 per month. N.T. at 29. She holds a post graduate degree in education and currently receives a stipend for work done in the educational community. N.T. at ~ 23 Pa.C.S. § 3701 (a) General Rule-Where a divorce decree has been entered, the court may allow alimony as it deems reasonable, to either party only if it finds that alimony is necessary.. . (e) Modification and termination-An order entered pursuant to this section is subject to further order of the court upon changed circumstances or either party of a substantial and continuing nature whereupon the order may be modified, suspended, terminated or reinstituted or a new order made. 23 Pa.C.S. § 3701 (2006). NO. 980 CIVIL 1993 26, 37. Both parties' earning capacity was capped at $12,480.00 in 2006, based on the Social Security law. P.E. 2, 6/23/07. Meaning, if a party earned more than $12,480.00 apart from social security, their social security payment would then be reduced. N.T. at 15, 43; P.E. 2, 6/23/07. On February 14, 2007, this petition to terminate alimony and cancel arrears was filed. The law is now clear that retirement may be regarded as a changed circumstance for modification of alimony. McFadden v. McFadden, 563 A.2d 180, 183 (Pa. Super. 1989). Moreover, it is clear that this changed circumstance is of a substantial and continuous nature necessitating modification. Mr. Eckman seeks to terminate the alimony altogether arguing that "enough is enough." While we disagree that termination is required in this case, we will modify the amount of the alimony payment. Both Mr. and Ms. Eckman chose to retire at the age of sixty-two and they have begun receiving social security payments. Both parties were less than full retirement age. Their earning potential, beyond social security payments, is capped at $12,480.00. Mr. Eckman receives $1,534.00 a month in social security. Ms. Eckman earns $758.00 a month from social security. Mr. Eckman had been paying $700.00 per month in alimony. A continuation of this amount would not be equitable. Instead, we will reduce Mr. Eckman's alimony payment to $300.00 per month concluding that such a modification is fair and equitable. ORDER AND NOW, this ~~` day of July, 2007, the alimony order in this case is modified to 2 N0.980 CIVIL 1993 provide that the plaintiff will pay to the defendant alimony in the amount of $300.00 per month from and after July of 2006. BY THE COURT, ~~ Kevin ¢C. Hess, J. Samuel Andes, Esquire For the Plaintiff Sally Winder, Esquire For the Defendant rlm c" ~ WALTER M. ECKMAN, III, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 93-980 CIVIL TERM VONNY E. ECKMAN, IN DIVORCE Defendant/Petitioner PACSES CASE: 321100018 ORDER OF COURT AND NOW to wit, this 22nd day of October, 2010, it is hereby Ordered that, pursuant to the Respondent's previous payment to the Petitioner in the amount of $4200.00, the arrears on the above captioned case have been satisfied. The matter is set to a $0.00 balance as of this date per the Petitioner's written request attached. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner ,,1, #~}~!j!?'} fir ~,~~~~~-,~~ Respondent t~ ~~ ~~d zz ~~oa~~? .~"it.~~~l-f1.:a~f.~ --. Form 0E-001 Service Type: M Worker: 21005 ~~ ~~ ~D/d OCj 2 1 2010 o .~ ~. ~ f~ ~ ~ ~~~ ~ ~ yo~~ c~--, ~ ~- ~~r'rx, `,~~ _ , Jam ~ ~ o~-~ j ~~ 9~ ~ ~ ~ ~ ~~ ~ ~~~~ ~ . . - ~~ .~`~ ~ ~ ~ ~~~~ ~-- ~- ~