Ecker v. Ecker

36 Pa. D. & C.4th 104, 1997 Pa. Dist. & Cnty. Dec. LEXIS 91
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedJanuary 23, 1997
Docketno. FD93-05184
StatusPublished

This text of 36 Pa. D. & C.4th 104 (Ecker v. Ecker) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ecker v. Ecker, 36 Pa. D. & C.4th 104, 1997 Pa. Dist. & Cnty. Dec. LEXIS 91 (Pa. Super. Ct. 1997).

Opinion

BAER, A.J.,

Appellant/defendant Evelyn E. Ecker, First Wife, appeals from our order holding that she is (1) estopped from denying the validity of the divorce decree ending her marriage to Donald B. Ecker; (2) estopped from denying the validity of the marriage between Ecker and appellee/plaintiff Mildred D. Ecker, Second Wife; and (3) that Second Wife is the legal widow of Ecker.

This dispute concerns determining who is the legal widow of Ecker. The issue is important because both parties have claimed Ecker’s substantial federal annuity benefits. Second Wife contends she is entitled to these benefits as Ecker’s widow. First Wife argues that Ecker’s marriage to Second Wife was void, and that therefore Ecker died unmarried. Under these facts and applicable regulations, she believes she is entitled to the annuity [106]*106fund as Ecker’s former spouse. The federal Office of Personnel Management was unable to decide this matter, and deferred the issue of who is the legal widow of Ecker to the Pennsylvania courts for adjudication. Before addressing this issue, it is necessary to review the complicated factual and procedural history of this case.

In 1970, Ecker and First Wife separated. Thereafter, in 1972 and 1975 respectively, Ecker filed two different divorce actions against First Wife in the Court of Common Pleas of Allegheny County.1 Neither of these actions resulted in the entry of a divorce decree. On June 3, 1975, Ecker obtained a divorce decree in the Dominican Republic without any prior notice to First Wife. He then obtained a marriage license in Washington County, Pennsylvania, and on June 25, 1975, entered into marriage with Second Wife.

In March 1976, First Wife brought an action against Ecker and Second Wife in Allegheny County challenging both the validity of the Dominican Republic divorce decree and Husband’s subsequent marriage to Second Wife.2 Prior to trial in this action, Ecker and First Wife executed a settlement agreement on July 1, 1976, which appeared to resolve their differences forever. In the agreement, in exchange for a cash payment of $8,000, First Wife agreed to accept the Dominican Republic divorce decree as fully valid and binding, and to recognize Ecker’s second marriage.

Two years after the agreement was executed, First Wife married Raymond G. Gouker. That marriage lasted for six years until their divorce in 1985. Meanwhile, in 1983, Ecker died while First Wife was still married [107]*107to Gouker. Subsequent to Ecker’s death, pursuant to the beneficiary designation on Ecker’s federal retirement annuity, Second Wife began receiving benefits from OPM.

Approximately four years after Ecker’s death and two years after First Wife’s divorce from Gouker, First Wife read an article in a publication by the American Association of Retired People, which led her to believe that she might be entitled to Ecker’s federal annuity benefits. Thereafter, First Wife filed a claim with OPM. After a full administrative proceeding, OPM suspended payment of federal benefits to Second Wife, and began making payments to First Wife. On June 15, 1990, Second Wife sought reconsideration of OPM’s decision. OPM then requested the parties to petition the Pennsylvania courts to determine the legal widow of Ecker.

To accomplish this, Second Wife filed a complaint. First Wife responded with preliminary objections. Eventually, Second Wife filed an amended complaint and a second amended complaint, both of which were responded to with preliminary objections. Finally, Second Wife’s second amended complaint and First Wife’s preliminary objections thereto were joined before us. Count I of the complaint sought a declaration that First Wife was estopped from challenging the validity of the Dominican Republic divorce decree, and that, therefore, Second Wife was the lawful widow of Ecker. The complaint also included counts for breach of contract, intentional infliction of emotional distress and fraud. We denied preliminary objections as to Count I, and directed that First Wife file an answer thereto. We stayed further proceedings on Counts II through IV until final disposition of Count I.

Eventually, the parties filed cross-motions for summary judgment. We denied both motions, and scheduled [108]*108the case for an evidentiary hearing. That hearing was to consider (1) whether First Wife was estopped from denying both the validity of the Dominican Republic divorce decree and Second Wife’s marriage to Ecker; and, in the alternative, to determine (2) whether Second Wife and Ecker reaffirmed their marriage after First Wife and Ecker entered into their 1976 agreement.

After hearing and full consideration of the evidence, we found First Wife was estopped from denying the validity of the June 3, 1975 Dominican Republic divorce decree and subsequent marriage between Ecker and Second Wife, and therefore, Second Wife was the legal widow of Ecker. We were aware that First Wife desired to appeal this decision. Accordingly, our order respectfully requested that the Superior Court accept certification of the appeal notwithstanding that Counts II through IV of First Wife’s complaint remained pending. We made this request because we believed, as a pragmatic matter, that final adjudication of Count I would resolve the dispute between the parties.

First Wife filed a petition for permission to appeal an interlocutory order and a protective notice of appeal. Notwithstanding our acquiescence in certification of the issue, the Superior Court denied the petition for allowance of appeal and quashed the notice of appeal as interlocutory. First Wife filed a petition for allowance of appeal to the Supreme Court which was denied in a per curiam order. Subsequent to the Supreme Court’s order, we scheduled a conciliation to address Counts II through IV of Second Wife’s complaint. During the interim period, Second Wife filed a praecipe to settle and discontinue the action as to Counts II through IV.3

[109]*109First Wife then filed a motion to strike Second Wife’s praecipe to settle and discontinue, which we denied. Instead, we ordered that the praecipe “remain in full force and effect.” Thus, all of Second Wife’s claims contained in Counts II through IV of her complaint were dismissed, and the only claims remaining sub judice were those which we fully adjudicated in our order deciding Count I. The result of this procedural maneuvering was that that order became what we believe to be a final order, and thus the proper subject for an appeal. First Wife filed a motion for reconsideration before us and a notice of appeal to the Superior Court. We denied the motion for reconsideration. Thus, the notice of appeal in this matter has been taken from a final order.

First Wife’s Pa.R.A.P. 1925(b) statement of matters complained of on appeal lists 17 errors of law committed by this court. Those errors can be stated succinctly in the following two issues:

“(1) Whether the court erred in finding that First Wife was estopped from denying both the validity of the Dominican Republic divorce decree and the subsequent marriage between Ecker and Second Wife; and,
“(2) Whether the court erred in finding Second Wife was the legal widow of Ecker.”

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Related

Dowd v. Dowd
418 A.2d 1387 (Superior Court of Pennsylvania, 1980)
Lowenschuss v. Lowenschuss
579 A.2d 377 (Supreme Court of Pennsylvania, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
36 Pa. D. & C.4th 104, 1997 Pa. Dist. & Cnty. Dec. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ecker-v-ecker-pactcomplallegh-1997.