HomeMy WebLinkAbout07-2975
DAVID L. SHERIDAN,
Plaintiff
V.
AMELIA L. SHERIDAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - .297S CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
NOTICE TO DEFEND AND 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 Prothonotary at the Cumberland County Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
I
DAVID L. SHERIDAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
AMELIA L. SHERIDAN,
Defendant
NO. 2007 - a9 1'S CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
DIVORCE COMPLAINT
1. Plaintiff is David L. Sheridan, an adult individual who currently resides at
331 West Penn Street, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is Amelia L. Sheridan, an adult individual who currently resides
at 507 Colony Road, Camp Hill, Cumberland County, Pennsylvania, 170011.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on November 20, 1970 in
Winchester, Frederick County, Virginia.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised of the availability of counseling and that he
may have the right to request that the court require the parties to participate in
Counseling.
8. Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in
favor of the Plaintiff and against the Defendant.
COUNT I -EQUITABLE DISTRIBUTION
9. Plaintiff hereby incorporates by reference paragraphs 1 through 8 above.
10. The parties have acquired real estate, personal property, including
automobiles, bank accounts and other items of miscellaneous property during the
course of their marriage, some of which is marital property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a
decree which effects an equitable distribution of marital property.
Date: A44,1 t7, Zoo
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
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Michadl K. ITcherer, Esquire
I.D.# 61974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
VERIFICATION
verify that the statements made in this Divorce Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. § 4904, relating to unsworn falsification to authorities.
Date: °C'
David L. Sheridan
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DAVID L. SHERIDAN,
Plaintiff
V.
AMELIA L. SHERIDAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 2975 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
AND NOW, this PV day of , 2007, I, Amelia L. Sheridan
accept service of the Divorce Complaint in the above-captioned case.
"d_'u.. 0e, ?ut4LW? I
Amelia L. Sheridan
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DAVID L. SHERIDAN,
Plaintiff
v.
AMELIA L. SHERIDAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 2975 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
A complaint in divorce under Section 3301(C) of the Divorce Code was filed
on May 18, 2007.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
3. 1 consent to the entry of a final decree in divorce without notice.
4. 1 understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
5. 1 understand that 1 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.
6. 1 have been advised of the availability of marriage counseling and understand
that I may request that the court require counseling. I do not request that the court require
counseling.
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.
n
Date: ?"---r-
David L. Sheridan
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
DAVID L. SHERIDAN, ii
Plaintiff
VERSUS
AMELIA L SHERIDAN,
Defendant
No. 2007-2975 r; vi 1
DECREE IN
DIVORCE
AND NOW, 'r?" Ac' Za Z?aB , IT IS ORDERED AND
DECREED THAT DAVID L SHERIDAN , PLAINTIFF,
AND AMELIA L. SHERIDAN , 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;
incorporated but not merged herein as a final Order of Court.
BY THE COJURT:
ATTES ./ J.
PROTHONOTARY
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JUL 0 6 20096,
DAVID L. SHERIDAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2007 - 2975 CIVIL TERM
AMELIA L. SHERIDAN, CIVIL ACTION-LAW
Defendant IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
RELATING TO PARTICIPANT'S INTEREST IN A RETIREMENT PLAN
WITH GANNETT FLEMING, INC.
AND NOW, this 17' day of ?f + 12009, it is hei eby vruered as
follows:
1.
This Order is intended to meet the requirements of a "qualified domestic relations
order" as defined in Section 414(p) of the Internal Revenue Code of 1986 ("Code") and
Section 206(d) of ERISA.
2.
This Qualified Domestic Relations Order is made pursuant to paragraph eleven
(11) of the Marital Settlement Agreement dated May 1, 2008, relative to an interest
David L. Sheridan has in a the Gannett Fleming, Inc. Pension Plan (hereinafter "Plan").
3.
The Court does hereby incorporate the Marital Settlement Agreement, a copy of
which is attached hereto as "Exhibit A", by reference as a part of this Order effective this
date.
4.
The Gannett Fleming, Inc. Pension Plan is a retirement plan maintained by
Gannett Fleming, Inc., whose information is as follows:
Gannett Fleming, Inc.
P.O. Box 67100
Harrisburg, PA 17106-7100
EIN: 25-1613591
5.
The Participant in the Account is David L. Sheridan ("Participant"), whose address is
251 South Pitt Street, Carlisle, Pennsylvania 17013, and whose Social Security number
is 190-40-5705. The Participant's date of birth is August 19, 1949.
6.
The Alternate Payee is Amelia L. Sheridan ("Alternate Payee"), whose address is
507 Colony Road, Camp Hill, Pennsylvania 17011, and whose Social Security number
is 198-52-1527. The Alternate Payee's date of birth is November 19, 1948. The
Alternate Payee is the former spouse of the Participant.
7.
The Account Administrator is Gannett Fleming, Inc. P.O. Box 67100, Harrisburg,
Pennsylvania 17106-7100.
8.
The Participant and the Alternate Payee were married on November 20, 1970, in
Winchester, Virginia and divorced by Decree of the Court of Common Pleas of
Cumberland County, Pennsylvania on May 20, 2008.
9.
The Plan was frozen as of December 31, 2005 and the participant will not receive
credit for service after December 31, 2005.
10.
The Court hereby assigns to the Alternate Payee one-half of the total of
Participant's axroed benefits in the Plan in accordance with paragraph eleven of the
May 1, 2008 Marital Settlement Agreement. Paragraph eleven of the marital settlement
agreement states that:
"The parties shall share equally in Husband's defined benefit
pension through Gannett Fleming. Husband's counsel shall
prepare a QDRO which facilitates Wife's receipt of a monthly
benefit from this pension, including a survivorship benefit."
11.
As soon as practicable after this Order is determined to be qualified by the Plan
Administrator, Alternate Payee's interest in Participant's retirement account shall be
segregated or withdrawn from Participant's interest and invested in such fashion in a
separate account maintained for the benefit of the Alternate Payee. On and after the
date such interest is established the Alternate Payee shall have the same ability to
control and designate the disposition of her interest and select survivor benefits, if any,
as the Participant would otherwise have had with respect to his interest.
12.
Payment of the Alternate Payee's benefit shall be made in accordance with terms
and conditions of the Plan after the Order is determined to be qualified.
13.
To the extent permitted by the Plan, the Alternate Payee may designate a
beneficiary to receive payment of the Alternate Payee's remaining interest in the Plan, if
any, upon the Alternate Payee's death. Any such beneficiary designation shall be made
without regard to any designation by the Participant of a beneficiary with respect to the
Participant's interest.
14.
The assignment of benefits to the Alternate Payee shall not be reduced, abated
or terminated as a result of the death of the Participant. Alternate Payee's interest in
the Plan as awarded by this Qualified Domestic Relations Order shall be unaffected by
Participant's death.
15.
The Participant, Alternate Payed and the Court 'intend this Order to be a qualified
domestic relations order within the meaning of Section 414(p) of the Code and Section
206(d) of ERISA. Accordingly, this Order shall not require the Plan to provide under any
circumstances: (i) any type or form of benefit, or any benefit option, not otherwise
provided under the Plan; (ii) provide benefits in excess of the value of the Participant's
account or as of the date the separate account is established for the Alternate Payee; or
(iii) benefits that are required to be paid to another alternate payee under another order
previously determined to be a qualified domestic relations order. This Order relates to
the provision of marital property rights of a former spouse of the Participant and is made
pursuant to this State's domestic relations laws.
16.
In the event this Order is found by the Account Administrator of the Plan not to be
a qualified domestic relations order, the Court shall retain jurisdiction to modify the
Order as necessary for the Account Administrator to accept the Order and pay benefits
in accordance with its provisions.
17.
The assignment made by this Order shall be permanent. On and after the date
of this Order, the Participant shall have no further right or interest in the portion of the
Participant's account balance which is hereby assigned to the Alternate Payee and the
Alternate Payee shall have no right or interest in the portion of the Participant's account
balance that is not assigned to the Alternate Payee pursuant to Paragraph eleven (11)
of the Marital Settlement Agreement: dated May 1, 2008. Nothing in this Order shall
restrict the Participant's ability to obtain a distribution under the Plan with respect to the
portion of the Participant's account balance not assigned to the Alternate Payee.
18.
The Alternate Payee shall be responsible for the payment of all taxes due on
amounts paid to the Alternate Payee. The Account Administrator and trustee of the
Plan are hereby authorized to withhold tax as required under law and to report any such
withholdings and taxable income to the taxing authorities.
19.
The parties hereby agree to the terms of this Qualified Domestic Relations Order:
David L. Sheridan
IV4*4 A /
i ha I A. 9c r, Esquire
Amelia L. Sheridan
,IAarlin L. arkley, Esquire
BY THE COURT:
Kev' A. Hess, J.
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