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HomeMy WebLinkAbout07-6124 fl\div\L1DDICK,DAV 1D-3301 Ccomplaint Elizabeth B. Stone, Esquire Supreme Court ID #60251 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Attorneys for Plaintiff DAVID M. LIDDICK, Plaintiff V. CAROLYN M. LIDDICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,, PENNSYLVANIA NO. 67-WZY el.t 6 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 Courthouse, Carlisle, PA 17013. 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 32 South Bedford Street, Carlisle, PA 17013-3302 Telephone: (717) 249-3166 -1- Elizabeth B. Stone, Esquire Supreme Court ID #60251 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Attorneys for Plaintiff DAVID M. LIDDICK, Plaintiff V. CAROLYN M. LIDDICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. &[,Zq Cc, 11 LQ7i?? CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER V301(c) OF THE DIVORCE CODE 1. The Plaintiff in this action is David M. Liddick, an adult individual, who currently resides at 5011 McDonald Drive, Apartment #4, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant in this action is Carolyn M. Liddick, an adult individual, who currently resides at 805 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on January 24, 1987, in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -2- 7. The Plaintiff avers that one child, Rachel Marie Liddick, has been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of divorce. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 P.C.S. §4904, relating to unsworn falsification to authorities. ell David M. Liddick Date: ocf- 17 Zool STONE LaFAVE&Bi SUFAktyTSKI 51 414 Box E Ne17070 Tel5 SupzforPla7inti1ff Att -3- VERIFICATION David M. Liddick, states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. David M. Liddick Date: 0 c+, 17, 200"7 LL? t 61 C? c X? f_ ?J .r.. = j G Elizabeth B. Stone, Esquire Supreme Court ID #60251 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Attorneys for Plaintiff DAVID M. LIDDICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-6124 CIVIL TERM CAROLYN M. LIDDICK, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND SS: I, Elizabeth B. Stone, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, CAROLYN M. LIDDICK, at 805 Kent Drive, Mechanicsburg, Pennsylvania 17050 by United States First Class Mail and personal service as evidenced by the attached certified mail return receipts. SWORN TO AND SUjiSCRIBED befo me this i_ day of n 4t?? , 2007. ?-j COMMONWEALTH OF PENNSYLVANIA Notary ub i NOTARIAL SEAL KATHLEEN KEIM, Notary Public New Cumberland Boro., Cumberland Co. My Commission Expires Dec. 5. 2010 fl\divALIDDICK,DAVID-acceptservice Elizabeth B. Stone, Esquire Supreme Court ID #60251 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Attorneys for Plaintiff DAVID M. LIDDICK, Plaintiff V. CAROLYN M. LIDDICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, CAROLYN M. LIDDICK, defendant in the above captioned matter, accept service of a certified copy of the Complaint in Divorce Under § 3301(c) of the Divorce Code filed October 18, 2007, to the above term and number. i o l'x310-1 O? ° " Nrn _ Date CAROLYN lv? LIDDICK, Defendant -10 22 .. 77 a: ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF DAVID M. LIDDICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CAROLYN M. LIDDICK, : NO. 2007 07-6124 CIVIL TERM Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on October 18, 2007. 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 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. § 4904 relating to unsworn falsification to authorities. /"W- , 'r Date: By: {?`//Z DAVID M. LIDDICK, PLAINTIFF C r%4 z C)? cr*l ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF DAVID M. LIDDICK, Plaintiff V. CAROLYN M. LIDDICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 07-6124 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) 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 if I 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. § 4904 relating to unsworn falsification to authorities. Date: 10L15-lal By: d,4? ?( 44w, DAVID M. LIDDICK, PLAINTIFF am c = m ^? ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF DAVID M. LIDDICK, Plaintiff V. CAROLYN M. LIDDICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 07-6124 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on October 18, 2007. 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 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. § 4904 relating to unsworn falsification to authorities. Date: OI 1? I Ord By: 0-1 MA" YYl CAROLYN LIDDICK, DEFENDANT ru C CC- b rn Cry_ w t C i MC Cr^r -G ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF DAVID M. LIDDICK, Plaintiff V. CAROLYN M. LIDDICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 07-6124 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) 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 if I 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. § 4904 relating to unsworn falsification to authorities. Date: D I 1 S, 0? By: M - CAROLYN . LIDDICK, DEFENDANT t'? rs ca ? :- CA.) ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF DAVID M. LIDDICK, Plaintiff V. CAROLYN M. LIDDICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2007 07-6124 CIVIL TERM MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 15 day of October, 2008, by and between DAVID M. LIDDICK, of Cumberland County, Pennsylvania, (hereinafter referred to as "Husband"), and CAROLYN M. LIDDICK, of Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"). WI TNESSE TH: WHEREAS, Husband and Wife were lawfully married on January 24, 1987, and WHEREAS, one minor child has been born of this marriage, and WHEREAS, the parties have heretofore resolved those matters of custody of their minor daughter, Rachel Marie Liddick, born January 14, 1994, and have entered into a mutually agreeable verbal agreement; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and Page 1 of 11 property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony 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. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. Advice of Counsel. Each party has been represented by an independent attorney, who was selected by the party whom he or she represents, in the negotiation and preparation of this agreement which has been fully explained to each party by that party's attorney. Husband has been represented by Elizabeth B. Stone, Esquire, and Wife has been advised to seek counsel, that Attorney Stone cannot advise her any legal matter, and that Wife has chosen not to retain counsel at this time. Each party has Page 2 of 11 carefully read this agreement and is completely aware, not only of its contents, but also of its legal effect. 3. Preparation of Agreement. This agreement has been prepared by the attorney for the Husband. Each party has read this agreement carefully and thoroughly, fully understands each of its provisions, and therefore signs it freely and voluntarily. 4. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she, from time to time, may choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either parry of the lawfulness or unlawfulness of the causes leading to their living apart. 5. Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 6. Release of Claims. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the Page 3 of I I nature of dower or courtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which Wife or Husband may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any provision thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any provision thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein. 7. Warranty as to Future Obligations. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify and hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. Page 4 of I I 8. Debts and Obligations. Husband represents and warrants to Wife that, since their separation, Husband has not, and in the future will not, contract or incur any debt or liability for which the Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debt or obligations incurred by him. Wife represents and warrants to Husband that, since their separation, Wife has not, and in the future will not, contract or incur any debt or liability for which the Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debt or obligations incurred by her. 9. Personal Property. Wife and Husband do hereby acknowledge that they have heretofore divided the marital property including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. 10. Personal Property located at 805 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania.. Husband hereby agrees to set over, transfer and assign all of his right, title and interest to any and all furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, and any household goods of whatever nature which are presently located or situated in the residence at 805 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. 11. Cash. All cash presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. Page 5 of 11 12. Pension/Retirement. Husband and Wife do hereby waive any and all interest which they may have in the any and all retirement accounts of the other. 13. Automobiles and Motorcycles to Husband. The Husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the 2008 Suzuki SX4, 2002 Yamaha FZ1, or their replacements. If necessary, Wife shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of a request from Husband. 14. Automobile to Wife. The Wife shall be the sole owner, free and clear from any claim on the part of the Husband, of the 2007 Toyota Corolla, or its replacement. If necessary, Husband shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of a request from Wife. 15. Property Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their property, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. 16. Real Estate. The parties have heretofore agreed that Wife shall remain in the marital home located at 805 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. The parties agree that there are no encumbrances on this Real Estate and it is free from all liens, both recorded and unrecorded. In consideration for this agreement Husband agrees to execute a deed to convey all of his rights and interests to said property, including but not limited, Husband will give to Wife all equity in the marital home. With this Deed, Husband hereby agrees to convey, transfer and grant to Wife his right, title and Page 6 of 11 interest in the real estate situated and located at 805 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. From the date of this agreement, Wife agrees to assume as her sole obligation any and all taxes, insurance claims, damages or other expenses incurred in connection with said premises, and Wife agrees and covenants to hold Husband harmless from any such liability or obligation. If Carolyn would sell this property on or before Rachel's 18' birthday, half of the equity proceeds will be put in an account for Rachel. 17. Child Support. Husband agrees to pay to Wife $400.00 per month as child support for their daughter until she graduates high school. This amount shall be transferred directly into a savings account. The parties understand that Wife may not waive her child's right to collect said child support. The parties have agreed that Mother shall have primary custody and shall be entitled to claim the child as her dependent for all tax years. In the event that there is a breach by either party, both parties reserve the right to seek enforcement for support through the Cumberland County Domestic Relations Office. Both parties agree to accept the calculations and support amount as provided by the Domestic Relations office using the current Pennsylvania State Guidelines. 18. Medical Insurance. Wife agrees to provide medical insurance for the child with a policy containing minimum provisions as would be covered by a standard Blue Cross - Blue Shield policy. Husband shall be obligated for 50% and Wife shall be obligated for 50% of any uninsured or extraordinary medical expenses for the child. Both parties agree to share equally for all dental and orthodontic expenses not covered by insurance for Rachel. 19. Consultation. Husband and Wife shall have shared legal custody of Rachel and agree to confer with each other on all matters of importance relating to their daughter's health, maintenance and education with a view towards obtaining and following a harmonious Page 7 of 11 policy in the child's best interests and shall keep Husband informed of the progress of the Rachel's education and social adjustments. It is the intention of both parties to share equally in the decision making processes of raising their child. 20. Waiver of Alimony. The parties herein acknowledge that by this agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, and alimony pendente lite. 21. Enforcement. If either party shall bring an action or other proceeding to enforce this agreement, or to enforce any judgment, decree or order made by a court in connection with this agreement or the divorce of the parties, the prevailing party shall be entitled to reasonable attorney's fees from other party. 22. Payment of Attorney Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 23. Informed and Voluntary Execution. Each party to this agreement acknowledges and declares that he or she, respectively: Page 8 of 11 A. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. B. Enters into this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. C. Has given careful and mature thought to the making of this agreement. D. Has carefully read each provision of this agreement. E. Fully and completely understands each provision of this agreement. 24. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 25. Severability. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 26. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 27. Future Earnings. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other. Page 9 of I 1 28. Waiver of Rights. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. 29. Waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 30. Survival of Agreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 31. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction and venue of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. 32. Agreement Binding on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses and provisions of the parties hereto and their respective heirs, administrators, executors and assigns. Page 10 of 11 33. Divorce. Husband and Wife agree, upon the expiration of the ninety (90) day waiting period, to execute all Affidavits of Consent and other documentation necessary to have a divorce decree entered pursuant to Section 3301(c) of the Divorce Code of Pennsylvania on the ground that the marriage is irretrievably broken. 34. Incorporation of Agreement into Divorce. The parties agree that this document shall be filed with the Prothonotary to the civil action docketed at Cumberland County No. 07-6124, a motion shall be filed that shall incorporate this agreement into the divorce decree, and shall never merge with the divorce decree. 35. Headings. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above first written. ?vC DAVID M. LIDDICK Sworn or affirmed and subscribed before me this I:D day of 2008. tary Pu is C'. kAP4 1h CAROLYN . LIDDICK Sworn or affirmed and subscribed before me this 19 vr-% day of - 12008. A&A otary blic duty -I, a01a , l dv -7, o'b 1a My Commissio Expires M Commission Expires COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL COMMONWEALTH OF PENNSYLVANIA JENNIFER A. MEARKLE, Notary Public Now Cumberland Boro. Cumberland Co, FCwnn*910n NIFER A. MEARKLE, Notary Public My Commission Expires July 7, 2012 Cumberland Boro. Cumberland Co, ELT7 T JTRF. Expires July 7, 2012 Page 11 of 11 c? C=D C) tA> rr, r o m co cri ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF DAVID M. LIDDICK, Plaintiff V. CAROLYN M. LIDDICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : NO. 2007 07-6124 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section ® 3301C ? 3301D of the Divorce Code. (Check applicable code) 2. Date and manner of service of the complaint October 23, 2007, via service upon Defendant, Carolyn M. Liddick, by United States First Class Mail and by personal service. (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 10115108 by defendant 10115108 (B) (1) Date of execution of the affidavit of consent required by section 3301(c) of the divorce code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent 4. Related claims pending: No claims raised 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: , (B) Date plaintiff's Waiver of Notice in § 33 ivorce was filed with the Prothonotary: r Date defendant's Waiver of Notice n 330 c ivorce was filed with the Prothonotary: By: 29Plaintiff ? Defendant ?Rj m ?-•+ .nt_. ro y?_ }•.. co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DAVID M. LIDDICK, No. 2007 07-6124 VERSUS CAROLYN M. LIDDICK, DECREE IN DIVORCE AND NOW, OA6115 " lj? DECREED THAT DAVID M. LIDDICK , ?WV , IT IS ORDERED AND AND 'CAROLYN M. LIDDICK ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; The Marital Settlement Agreement dated is hereby incorporated, but not merged into the Decree in Divorce. BY THE COURT. PROTHONOTARY VA