HomeMy WebLinkAbout09-3056HAROLD J. LIDDICK, JR.,
Plaintiff
V.
PATRICIA A. LIDDICK,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 1?05? CIVIL
CIVIL ACTION - LAW
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 ATTORNEY AT ONCE. IF YOU
DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013
(717) 249-3166
HAROLD J. LIDDICK, JR.,
Plaintiff
V.
PATRICIA A. LIDDICK,
Defendant
CIVIL ACTION - LAW
COMPLAINT UNDER SECTIONS 3301(C) AND
3301(Q) OF THE DIVORCE CODE
1. Plaintiff is Harold J. Liddick, Jr., an adult individual who currently resides
at 22 Broad Street, Shippensburg, Cumberland County, Pennsylvania 17257.
2. Defendant is Patricia A. Liddick, an adult individual who currently resides
at 1531 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania 17241.
3. Plaintiff has been a bona fide resident 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 July 28, 2001, in Carlisle,
Cumberland County, Pennsylvania.
5. Neither the Plaintiff nor the Defendant are currently enlisted in the Armed
Forces of the United States.
6. Plaintiff avers that the marriage between the parties 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
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- -250?? CIVIL
counseling.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a
decree in divorce.
Date: a Z , Zoo `?
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Michael A. Scherer, Esquire
I. D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this Complaint in Divorce 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: -?t - " -Li \ "'A. -Iu. -L\
larold J. Lid ick, Jr.
FILED--4D ACNE
OF THE f R(,) ; ',, fOTARY
2G09 MA Y 13 Piw3 2: 33
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HAROLD J. LIDDICK, JR.,
Plaintiff
V.
PATRICIA A. LIDDICK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009-3056 CIVIL
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Michael A. Scherer, Esquire, attorney for the Plaintiff in the above-captioned
divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce
to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt
card.
DATE: May 27, 2009
¦ Complete items 1, 2, and 3. Also complete
lam 4 If Restricted Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the hack of the mailpiece,
or on the front If space permits.
1. Article Addressed to:
A. UM1A
1531 0",+ goorn Road
Nevi I I? ? ? 11x41
O'BRIEN, BARIC & SCHERER
4 A
UIX86hWer, Esquire
A. Sre
B. Received by (Printed b! Date JPD#very
D. Is dell?ry address d' Y
If YES, enter delivery address o
3. type
1) Certified Mail ? E)press Mall
R.letered ? Retum Receipt for Merchandles
? Insured mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Artk:WNuff9er 7008 0150 0001 8366 4865
(lira *IW Aorn ee?ria.low
PS form 3811. February 2004 Dwm* Return Receipt t
FICE
QF MTARY
2009 JUN -4 PM 2: 2 7
PEh???.V?lW
HAROLD J. LIDDICK, Jr. : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 09 - 3056 CIVIL TERM
PATRICIA A. LIDDICK, : CIVIL ACTION - LAW
Defendant. : IN DIVORCE
ANSWER TO COMPLAINT IN DIVORCE
AND NOW, comes the Defendant, Patricia A. Liddick, by and through her
attorney, Turo Law Offices, who represents as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Defendant is without knowledge as to whether Plaintiff has been advised
of the availability of counseling. Defendant does not desire counseling.
NEW MATTER
COUNT II - EQUITABLE DISTRIBUTION
8. Paragraphs 1 through 7 are incorporated herein by reference as if fully set
forth.
i
9. Plaintiff and Defendant possess personal marital property which is subject
to equitable distribution by this Honorable Court.
WHEREFORE, Defendant requests this Honorable Court to equitably distribute
the marital property after an inventory and appraisement has been filed by the parties.
COUNT III - ALIMONY
10. Paragraphs 1 through 9 are incorporated herein by reference as if fully set
forth.
11. Defendant requires support to adequately maintain herself in the standard
of living established during the marriage.
12. Plaintiff is able to pay an appropriate alimony for Plaintiff.
WHEREFORE, Defendant requests this Honorable Court to award her
reasonable alimony pursuant to Section 3701 of the Divorce Code.
COUNT IV - COSTS AND EXPENSES AND COUNSEL FEES
13. Paragraphs 1 through 12 are incorporated herein by reference as if fully
set forth.
14. Defendant is unable to provide for, or afford her counsel fees, expenses
and costs during the pendency of this divorce action, and through its resolution.
15. Plaintiff is able to pay for counsel fees, expenses and costs for Plaintiff.
WHEREFORE, Defendant requests this Honorable Court to Order Plaintiff to pay
Defendant's costs and expenses and counsel fees.
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601 19
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Date
Respectfully Submitted,
TURD LAVOMICES
onAn0Snyder, Esquire
P D 3199
ou Pitt Street
Carlisle, 17013
(717) 245- 8
Attorney for De endant
VERIFICATION
I verify that the statements made in the foregoing Answer to Complaint in Divorce
are true and correct. I understand that false statements herein made are subject to the
penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date Patricia A. Liddick
Defendant
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Answer to Complaint
in Divorce on Michael A. Scherer, Esquire, by depositing same in the United States
Mail, first class, postage pre-paid on theday of June, 2009, from Carlisle,
Pennsylvania, addressed as follows:
Michael A. Scherer
O'Brien Baric & Scherer
19 W. South Street
Carlisle, PA 17013
TU
LorieAn yder, E squire
28 S Street
CrlA 3
pho 7) 245-9688
fax: 717.245.2165
Attorney for Defendant
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HAROLD J. LIDDICK,
Plaintiff
v
PATRICIA A. LIDDICK,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY', PENNSYLVANIA
NO. 2009-3056 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed on April 7, 2009.
2. Defendant acknowledges receipt and accepts service of the Complaint on
April 16, 2009.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce without notice.
5. 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.
6. 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.
7. !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.
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Date: / h - /. S,-= ~ ~ ~~' ~ ~~ ,...<< . ~.c,.~ij-v~ ~ ~~1 c~ ~ c ~C
PATRICIA A. LIDDICK
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HAROLD J. LIDDICK JR.
V.
PATRICIA A. LIDDICK
NO. 2009-3056
DIVORCE DECREE
AND NOW, ~~""' ~ , ~, it is ordered and decreed that
HAROLD J. LIDDICK JR. plaintiff, and
,
PATRICIA A. LIDDICK ,defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.") u®ll~_
The parties Marital Settlement Agreement dated October 20, 2009 is incorporated but not
merged herein as a final Order of Court.
By the C
Attest: ` ~ ~ J.
Prot notary ~ .
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HAROLD J. LIDDICK, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 2009- 3056 CIVIL
PATRICIA A. LIDDICK, CIVIL ACTION -LAW
Defendant
ORDER OF COURT
ll__
AND NOW, this . ~- ~ of T~ y\I ~.IMK1 t~" , 2009, upon consideration of the
within Stipulation for Entry of a Qualified Domestic Relations Order, the following is
hereby entered as a Qualified Domestic Relation Order:
RETIREMENT PLAN FOR EMPLOYEES OF CARLISLE CORPORATION
QUALIFIED DOMESTIC RELATIONS ORDER
§ 1. Definitions. For the purposes of this section 1 and the following sections 2
through 4 of this domestic relations order, the following terms, when used with initial
capital letters, shall have the following meanings.
§ 1.1. Account -The Participant's entire interest in the Plan whether or not
vested.
§ 1.2. Alternate Payee -The following person:
Name:
Last Known Mailing Address:
Patricia A. Liddick
1531 Walnut Bottom Road
Newville PA 17241
Social Security Number: xxx-xx-5971
Date of Birth: December 30 1963
§ 1.3. Distribution Date -Distribution will be made as soon as administratively
feasible after the Plan Administrator formally and finally determines that this domestic
relations order constitutes a qualified domestic relations order and all appropriate time
for appeals under the claims procedure of the Plan applicable to domestic relations
orders has expired.
.~
§ 1.4. Participant -The following person:
Name:
Last Known Mailing Address:
Social Security Number:
Date of Birth:
Employee Number:
Harold J. Liddick Jr.
22 Broad Street
Shippensburg1 PA 17257
xxx-xx-7537
Aril 4 1952
1031
§ 1.5. Plan -The defined benefit pension plan of Carlisle Corporation.
§ 1.6. Plan Administrator -The following:
Carlisle Corporation Pension and Insurance Committee
§ 2. Award To Alternate Payee.
§ 2.1. Time and Amount of Payment. As soon as may be administratively
feasible after the Distribution Date, the Plan Administrator shall cause the trustee of the
Plan to distribute to the Alternate Payee Seventeen Thousand ($ 17,000.00) Dollars of
the Account irrespective of the Participant's Vested Account as of the Distribution Date.
The amount awarded to the Alternate Payee shall be adjusted for investment gains
and/or losses from the date of this Order to the Distribution Date.
§ 2.2. Form of Payment. Distribution from the Account to the Alternate Payee
shall be made in a single lump sum payment in cash. The Alternate Payee shalt not be
permitted to elect any other form or time of distribution even if it would be otherwise
available under the Plan. Upon the completion of this distribution to the Alternate
Payee, the Plan shall have no further obligation to make any further distributions from
the Account to the Alternate Payee.
§ 2.3. Limitation Rules. The value of the Participant's Account as of the
Distribution Date shall be determined excluding: (I) any portion which has been, before
such Distribution Date, distributed from the Plan to (or with respect to) the Participant,
and (ii) any portion which has been awarded to any other alternate payee under any
other domestic relations order which was determined to be a qualified domestic
relations order before the date this domestic relations order is determined to be a
qualified domestic relations order. The value of the Participant's Account shall be
determined as of the Distribution Date including all amounts which are then accrued for
contribution to the Account (whether from contributions of the Participant or a sponsor
of the Plan) under generally accepted accounting principles (whether or not such
contributions have in fact been received by the trustee of the Plan as of such
Distribution Date).
§ 3. Miscellaneous Substantive Provisions. The Alternate Payee shall not be
deemed or considered to be a spouse, former spouse or surviving spouse of the
Participant for any purpose of the Plan. The Plan Administrator may, but shall not be
required to, cause the trustee of the Plan to segregate in a separate account under the
Plan the amount awarded to the Alternate Payee under this domestic relations order
pending its actual distribution to the Alternate Payee. To the extent that the Account of
the Participant consists of monies coming from different sources or monies that have
been divided for investment purposes into different classes or categories of
investments, the Plan Administrator shall cause the trustee to withdraw the monies for
distribution to the Alternate Payee in reasonable proportion to such sources and
investments as they exist on the Distribution Date (if the amount awarded to the
Alternate Payee has not been previously segregated). Except as hereinafter provided,
the distribution shall be made only to the Alternate Payee. If the Alternate Payee dies
after this order is entered but before the date actual distribution is made to the Alternate
Payee, distribution of the benefit awarded to the Alternate Payee under this order shall
be made in accordance with the Plan provisions. If the Plan Administrator has actual
knowledge of the appointment by a court of competent jurisdiction of a guardian,
conservator or similar court appointed fiduciary having responsibility for the Alternate
Payee's financial affairs, the distribution shall be made only to such court appointed
fiduciary. For all purposes of the Plan, the Participant's Account (and all benefits
payable under the Plan which are derived in whole or in part by reference to the
Participant's Account) shall be permanently diminished by the portion of the
Participant's Account which is awarded to the Alternate Payee.
§ 4. Miscellaneous Procedural Provisions. Upon entry of this domestic relations
order, the Alternate Payee shall deliver to the Plan Administrator a certified copy of this
domestic relations order and shall simultaneously furnish the Participant with evidence
of such delivery. The Alternate Payee shall be responsible for the payment of all state
and federal income taxes on amounts awarded to and paid to the Alternate Payee
under this domestic relations order. The Alternate Payee shall file all elections,
applications or other forms required by the Plan Administrator in connection with the
distribution contemplated by this domestic relations order. The Participant shall
cooperate fully with the Ptan and the Alternate Payee in executing such documents and
taking all other actions which may be necessary or required by the Plan Administrator
for the purpose of causing the distribution to the Alternate Payee which is contemplated
by this domestic relations order. The Participant and the Alternate Payee may notify
the Plan Administrator in writing that copies of notices to the Participant or the Alternate
Payee, as the case may be, should be sent to a designated representative. Upon
receipt of such notice, the Plan Administrator shall give copies of notices sent by the
Plan Administrator to the Participant or Alternate Payee, as the case may be, to that
representative. To the extent the Plan makes a reasonable and good faith effort to
observe the terms of this domestic relations order in making the distribution to the
Alternate Payee contemplated by this domestic relations order, the Plan, the Plan
Administrator and every fiduciary of the Plan shall be deemed to have fully satisfied
their obligations to the Participant and the Alternate Payee (and their successors and
assigns) and shall be fully discharged from any further liability to the Participant and the
Alternate Payee (and their successors and assigns) with respect to such distribution.
BY THE COURT,
J.
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