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HomeMy WebLinkAbout09-6186 RICHARD T. DIETRICH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 01- (pl??(' ?iU'1 l ?GY ??i? BEVERLY DIETRICH, Defendant : IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the lclaims 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 breakd wn of the marriage, you may request marriage counseling. A list of marriage counselors isvailable in the Office of the Prothonotary at the Cumberland County Court Hous6, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, LINDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & INDSAY Carol J. Lindoy) Esquir Attorney Id. 393 ' 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff RICHARD T. DIETRICH, Plaintiff V. BEVERLY DIETRICH, Defendant IN THE COURT OF COMMON PLEA$ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA NO. 0 el- IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Richard T. Dietrich, an adult individual, residing at 7 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Beverly Dietrich, an adult individual, residing'', at 14580 Ardara Road, North Huntington, PA 15642. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 22, 1981 in North Versailles, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the SAIDIS, LIND AY erroxr?s,?ruw 26 West High Street Carlisle, PA parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that the has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 of the Pennsylvania Divorce Code. SAIDIS:-FL0WE6h& LINDSAY Carol J. Lin sa ,'Esqui Attorney Id. 4693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY WMEMM r-uw 26 West High Street Carlisle, PA i • VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Richard T. Dietrich ' Date: ?. 1-11-?('j FLOWER ? LIlVDSAY 26 West High Street Carlisle, PA OF F(4 u-t Fj CE THE PPC7-"',f POT „lpY 7009 SEP 1 t P4 S: k 'x J t ,r r _! Ck?" a?3a I @# a 3os)) RICHARD T. DIETRICH, Plaintiff V. BEVERLY DIETRICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-6186 IN DIVORCE AFFIDAVIT OF SERVICE I, Carol J. Lindsay, Esquire, being duly sworn according to law, hereby deposes and says that on September 14, 2009, 1 served a true and correct copy of the Complaint in Divorce upon Defendant, by mailing the document to her address at 14580 Ardara Road, North Huntington, Pennsylvania 15642, by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Beverly Dietrich. Respectfully submitted, SAMIS, LINDSAY 26 West High Street Carlisle, PA Dated: gI7-11v? SAIDIS, FLOWER & L Carol J. Linds PSI Attorney Id. 446f3 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Y SAIDIS, RFLOWER IX4DS" 26 West High Street Carlisle, PA • `bmt. 2. and & Aao oar aee MIm 4 x RaaOW Ddvwy b daalrad. • ttllnt yaw awns and addtsaa an tha roam A that"am ran tba and tp ya,: • -00 noti t and to tha bade dif th* mm1piaor. a on the ftnt M apaoa poll ta. 1. AAkna Addmmd to: ,?verl yr ?f e?rrcl? SHOD f}ro(U-rCZ. ocicL. "Oh dun47^,3foe-)' Pp Pbo~ by (PAWA" J o. Dpi a try D. a do toonomml? Lim" h addrw!»tow: I?tNc a ED t~. MIN 3 = Rmomwm a Rd='A - oMpfor M«ohnft. l] bmm Md O C.O.D. s '%N*Nwmo 7003 1010 0001 1189 5694 (Jdwshr Ow *0*0 a* ob ftm T llu 7y im Dsswrye 11wn IIMSrrt UM FILED fCc OF THE ITXRY 2G9 S ?f 24z I a? M,_.1; RICHARD T. DIETRICH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 09-6186 BEVERLY DIETRICH, : Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Beverly Dietrich, Plaintiff, accept service of the Complaint in Divorce in the above-captioned matter. r -0 Date a rly Dietric SAIDIS, FLOWER & LWDSAY AT10Me*YS•AT uw 26 West High Street Carlisle, PA ? 2 e 200 orAWM in, 5EP MM 4153 a%;% "10 WO RICHARD T. DIETRICH, IN THE COURT OF COMMON PLEAS c-) 1'-.a Plaintiff IIA; CUMBERLAND COUNTY, PENNSYL,V v. V rn - NO. 2009-6186 CIVIL TERM =M, ?- ` BEVERLY DIETRICH, CIVIL ACTION - LAW r-2 ' - Defendant IN DIVORCE -0 PLAINTIFF'S AFFIDAVIT OF CONSENT ;!? 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was ftd September 11, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Uq 1 Z- Date: q1/ ti Richard T. Dietrich PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER6 3301 W OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 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. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. U Date: Richard T. Dietrich F:\F1LES\Clients\14363 Crider\] 4363.1,aocwon Revised: 7/25/11 2: 27PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant f = -,,.. ,.a r rll.] t^.9 l Z? c.? T{ ! r-; RICHARD T. DIETRICH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-6186 BEVERLY DIETRICH, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on September 11, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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: i Z -Z& Z verly Dietrich, Defendant Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER t MARTSON LAW OFFICES v? I.D. 87445 10 East High Street Carlisle, PA 17013 c` (717) 243-3341 Attorneys for Defendant c° RICHARD T. DIETRICH, IN THE COURT OF COMMON'AE'AS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-6186 BEVERLY DIETRICH, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) 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 waiver 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: ?P •? Z- Z(/ ( Z Beverly Dietri ,Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Richard T. Dietrich V. Beverly Dietrich NO. 09-6186 DIVORCE DECREE AND NOW, ( L- ?-OL,Z' it is ordered and decreed that Richard T. Dietrich plaintiff, and Beverly Dietrich bonds of matrimony. defendant, are divorced from the 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.") A Marital Settlement Agreement is incorporated into but not merged with the Divorce Decree. By the C1burt, AttesthOMl S A. Placey-1. Comm Peas IL ge Prothonotary - Jvo7'Sc e ? ??pY rn???ed ? /?. s?Fc?lS RICHARD T. DIETRICH, Plaintiff V. BEVERLY DIETRICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-6186 IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This cause came before the Court for entry of a Qualified Domestic Relations Order as that term is defined and applied under Section 414(p) of the Internal Revenue Code of 1986 or any successor statute thereto (the "Code"). As the terms of this Order have been stipulated and agreed to by the parties, and the Court has been fully advised thereof, IT IS HEREBY ORDERED AS FOLLOWS: 1. Backaround. This Order pertains to the JP Morgan Chase Investment Services IRA account, (hereinafter referred to as the "Plan"); is incorporated into the judgment order dissolving the marriage of the parties; and may be amended if necessary to comply with the Code. The Court retains jurisdiction of the subject matter hereof and the parties hereto to enforce the terms of this Order. 2. Applicable Law. This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO") as that term is defined by Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of ERISA, as amended. This Order relates to the equitable division of martial property as defined under the Pennsylvania Domestic Relations Code of 1980, as amended. 3. Definitions. As used in this Order, the following terms shall apply: a. "Participant" shall mean Richard Dietrich, whose current address is 691 Dry Valley Road, Lewistown, Pennsylvania, 17044, and whose Social Security iy Number is and whose date of birth is b. "Alternate Payee" shall mean Beverly Dietrich, whose current address is 1698 Haflinger Drive, North Huntingdon, Pennsylvania, 15642, and whose Social Security Number is and whose date of birth is The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in his/her mailing address subsequent to the entry of this Order. C. "Administrator" shall mean The Plan Administrator for the Chase Retirement Services Account, 4900 Memorial Highway, Tampa, Florida, 33634. Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 5. For Provision of marital Property Rights and/or Spousal Support: This Order relates to the provision of marital property rights to the Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. 6. Assignment to Alternate Payee. The Alternate Payee (who is the former spouse of the Participant) is awarded and assigned the amount of FIVE HUNDRED SIXTY-SIX THOUSAND SIX HUNDRED FIFTY-EIGHT DOLLARS AND 50/100 ($566,658.50) from Participant's Traditional Rollover IRA account, No. 0500077228971. Any outstanding loans shall be treated or allocated as follows: Participant shall continue to make payment on any outstanding loans and such loans shall not in any way affect the Alternate Payee's monetary benefit as assigned in this paragraph. Establishment of New Account(s): In the event the Alternate Payee does not elect an immediate distribution, her share of the benefits described above shall be segregated and separately maintained in Account(s) established on her behalf and shall additionally be credited with any interest and investment income or losses attributable thereon from the date of segregation until the date of total distribution to the Alternate Payee. 7. Commencement of Assigned Benefits to Alternate Pgvee. The Alternate Payee shall receive the Alternate Payee's assigned benefit under the Plan as soon as administratively practicable following the Administrator's determination that this Order is a Qualified Domestic Relations Order. 8. Form of Payment. Upon Alternate Payee's request for an immediate distribution, as soon as administratively feasible after the date this Order is determined to be a QDRO by the Plan Administrator, the Plan shall distribute Alternate Payee's interest in a single lump sum payment directly to Alternate Payee, or at the direction of Alternate Payee, to an Individual Retirement Account. The Alternate Payee shall complete such distribution forms as may be required under the terms of the Plan. In the event Alternate Payee does not request an immediate distribution, as soon as administratively feasible after this Order is determined to be a QDRO by the Plan Administrator, the Alternate Payee's interest shall be separated from the Participant's interest in the account and will be held by the Plan in a separate account for the Alternate Payee until Alternate Payee's request for distribution. Such separate account will be credited with its allocable share of the income and losses of the Plan but shall not be credited with any future contributions or forfeitures. Alternate Payee shall have the same ability to designate the investment of the amounts in the separate account as the Participant would otherwise have had with respect to those amounts. In accordance with the Plan, as soon as administratively feasible after Participant's Normal Retirement, death or termination of employment, or at such earlier time as Alternate Payee may request in wring, the Plan shall distribute the amount in Alternate Payee's separate account to Alternate Payee in a single lump sum payment directly or, at the direction of the Alternate Payee, to an Individual Retirement Account. The Alternate Payee shall complete such distribution forms as may be required under the terms of the Plan. 9. Death of Participant. The death of the Participant, either before or after the Alternate Payee has received payment of the Alternate Payee's assigned benefit, shall neither affect the Alternate Payee's right to payment of the assigned benefit nor entitle the Alternate Payee to any additional benefits. 10. Death of Alternate Payee. a. Before Commencement to Alternate Payee. If the Alternate Payee dies prior to receiving payment of the benefits assigned under this Order, the benefits payable under this Order shall be paid to Alternate Payee's beneficiary, or if no beneficiary has been designated, then to her estate. b. After Commencement to Alternate Payee. If the Alternate Payee dies after receiving payment of the benefits assigned under this Order, no additional benefits shall be payable under this Order. 11. Taxes. For purposes of Sections 402(a)(2) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. The Alternate Payee shall have the right to roll over the benefits distributed to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account. Subject to the conditions imposed by ERISA and the Internal Revenue Code, such transfer shall be considered a tax-free rollover of the benefits distributed. 12. Continuing Interests. From the date of this Order and thereafter, except as provided herein, the Alternate Payee shall have no further right or interest in any portion of Participant's Plan benefits. From the date of this Order and thereafter, except as provided herein, the Participant shall have no further right or interest in any portion of the Plan benefits which are assigned to the Alternate Payee pursuant to this Order. 13. Costs for Implementation. Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of the Qualified Domestic Relations Order shall be assessed against the parties such that the Alternate Payee pays 50% of the costs and the Participant pays 50% of the costs. 14. Plan Provisions to Govern. This Order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to take any action which is inconsistent with any provision of the Plan, as now or hereafter in effect. The Participant and the Alternate Payee shall be subject to all of the provisions of the Plan and any administrative rules as from time to time in effect under the Plan. 15. Limitations. This order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to: a. Make any payment or take any action which is inconsistent with any federal law, rule, regulation, or applicable judicial decision; b. Provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; C. Pay benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order in accordance with the provisions of Code Section 414(p) and Section 206(d) of the Employee Retirement Income Security Act. 16. Mailing to Last Known Address. All appropriate payments, notices and other communications shall be mailed to the Participant and the Alternate Payee at the respective addresses set forth in Paragraph 3 above, until such time as the Participant or Alternate Payee advises the Administrator in writing of the occurrence of a change of address. Any benefit payment or communication to the Alternate Payee at the Alternate Payee's last known address shall operate on a complete discharge of the obligations, with respect to such payment or communication, of the Plan. 17. Parties to Cooperate. If the Administrator of the Plan does not agree that this is a "Qualified" Domestic Relations Order under Code Section 414(p), each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Administrator as a Qualified Domestic Relations Order. 18. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 19. Correctina or Terminating Payments: The Plan will retain any rights it may have under its terms to suspend or terminate payments to Alternate Payee and Participant provided that either Participant or Alternate Payee may contest such suspension or termination through any administration remedies available under the Plan. Payments by the Plan pursuant to this Order will be without prejudice to any right the Plan has under applicable law to seek recoupment or offset for overpayment. If the Plan pays one party a portion of the other party's benefits under the Plan and this Order, the party receiving the overpayment will return that portion to the Plan, which in turn, will pass that portion on to the other Party. BY THE COURT: ilua- Da e Witness Judge V % Thomas A. Placey Common Pleas Judge )2.e4 Richard Diefth, Participant Dated: o 04/ Zof Z 8everfy Q%trIch, Alternate Payee Dated: I -- -/>--- rnm C A a r .....! C:3 ^ r, ? ?Ary?DU ?Q.Y•Q.S ?? '?3-etip.r L. S?a?s Est 4p;rs AG COMMONWEALTH OF PENNSYLVANIA , , SS COUNTY OF m? 'y n On this ( U day of Nu rl , 2012, before me, the undersigned officer, personally appeared RICHA DIETRICH, known to me (or satisfactorily proven) to be the parson whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. PENNSYI.VAN SOMMOMNEA13111017 JAMIE L SNYDER Now U01111Own em My CIP106" E*11" Mey 24,2("0 No6ry Public COMMONWEALTH OF PENNSYLV NIA SS COUNTY OF On thisa day of , 2012, before me, the undersigned officer, personalty appeared BEVE LY DIETRICH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public ni r?wuw? uoMld a«w r,.na owgaw>r Pu6iic Ma,rowll. soro, can?r ©o?Wbn tic. 13, 2012 a