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Home My WebLink About96-01604 J J :>. () : :; 0-1 I ./ ~1 ! ; I I ~ I I I 1 \ I I I I I I I I I ! ~ ~ ~ 8l ~i! ~ ~l . 3 . . . . 8 8 ~ ~ 8 8 11 " ~ . 8 . ~I ~A- -.ac:-:...;- .j.;: :;;.~',ioC, ~:<<.-.:.:~ ':.:. ,:.:.' .~. .:.:. -:.;. ,:.::.;. -:.: -:<<. .:+;. .:.:. <.:. :. ':~. <+;, <.:' .;.;. -:.:. -:.;. .:-.;. .:c- .:c- .;. " .... ,-, '..- '..,--- -, '... -'i,. i~ 1M ) . 8 '" " ~ '. .:c. .:<<. .:c. .:c. .~C. .:<<. .:<<. .:c. .:<<. <<<. .:<<. .:.:. .:+;. .:.;. .:.;. 8' ..~~_. -.,-.........-- ',." ...'.. .......... ,......... ' 8 8 ~;. ( ~; ~i' .' ./ .' ~i 81 81 8 81 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~:t STATE OF ~~ PENNA. \ V;.J1r.i ." CHARLES E. MILLER PLAINTIFF ;\; II. 96~ 1 'i04 CIVIL TERM \ \']',",,11;; KATHY L. MILLER DEFENDANT DECREE IN DIVORCE AND NOW, ...."..,.. p~", ,1:....-:.,., 19,~: 1". it is ordered and decreed that,...,.,..,.", ,CHAR,LES, E., ,MIL.LER....,.".".... plaintiff, and. , , , , . . , . . . ., ..,."".. K~THY,L., ,MI.LLER" ',..,..,."" 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; NONE ..".......,... ..,.. ..... ..,...'... .... ... .., ~ Alle"t: {J/~N";::' klc~;' ~~ J. .' .r}~'I"t r .~~ ~ ': / /Prothoootary I~ ,. " .. .. .. ..,...... i .:.:. -:.;. -:.: .:.;. .:.:. <.:- .:.;. '.~.' ....' '~..' '~..' '"t=., .*1 ... ,;, " 8 8 .;, " .;, " ~ ,;, " ~ 8 8 .. " i, 8 8 8 8 8 ~ . ~ ~ 8 $ 8 8 8 8 8 CHARLES E. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE, EQUITABLE DISTRIBUTION NO. 96-1604 CIVIL TERM KATHY L. MILLER, Defendant 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 ~3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: served on the Defendant by United States mail, certified, restricted delivery, return receipt requested on March 25, 1996. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the divorce Code: by plaintiff November 10, 1997; by defendant November 10, 1997. 4. Related claims pending: none. 5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: November 10, 1997 Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: Date November 10, 1997. ~~ Mark C. Locke ce~r~J~ Lrj~ Intern Katnerine c~rson Supervising Attorney Donald Marritz Staff Attorney Attorney for Plaintiff Family Law Clinic 45 North Pitt Street Carlisle, Pa 17013 (717) 243-2968 -'. . ..... r- >- (': ,.. .,~ ~.) ,. .. . - ,,, . ) ( ,- ( .. l.\-",; .'- "- L_, . v.- l._ ~) , t.1 ~ I , U-j.' . ~'~~,: to:...; ".J ,., -..: ;_:.!l~ ... r- :i 0 ('.I' (oJ , , CHARLES E. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE, EQUITABLE : DISTRIBUTION : NO. 96- /tJ/) '-/ CIVIL TERM KATHY L. MILLER, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in courl. If you wish to detimd againstlhc claims set furlh in Ihe following pages, you must take prompt action. You are warned thai 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 10 you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage. you may requesl marriage counseling. A list of marriage counselors is available in the Office of the Prothonolary, Cumberland County Courthouse. Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR AUMONY, 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. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the " court, please conlact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. Courl AdministralOr Cumberland County Courthouse Carlisle, PA 17013 717/2-10-6200 .' COUNT 11 EOUIT ABLE DISTJUBUTION 8, Plaintiff repeals and realleges paragraphs one through seven, 9. Plaintiff and defendant have acquired property during Iheir marriage, including, but not limited 10 a 1985 Ponliac Sunbird, an antique chest and various personal belongings, 10. Plaintiff and defendant have incurred numerous dehts during their marriage. WHEREFORE. plaintiff requesls the court to enler a decree dividing the property equitably between the parties and such other relief as the court deems just. Respectfully Submitted. Date J3^'a""~ m~ , 50-1l,(((. (.,'---:..... ~--_. THOMAS M, PLACE ROBERT E. RAINS KATHERINE C. PEARSON Supervising Attorney GAIL R. SHEARER Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240/5204 , ~ i .~ r:-.:.:> g ~'-I ' -. " , ' ., I..' "- (,.' r. t;: "~ I, ~ ,. - !. l( ~ I.... , hj' , .' . ... Disability payments: 0 Unemployment compensation and supplemental benefits: 0 Workman's compensation: 0 Public Assistance: 0 Other: 0 (d) Other contributions 10 household support (Wife)(Husband) Name: N/A If your (wife)(husband) is employed. stale Employer: Salary or wages per monh: Type of work: Contributions from children: 0 Contribulions from parents: 0 Other contributions: 0 (e) Property owned Cash: 0 Checking Account: 0 Savings Account 0 Certificates of deposit: 0 Real Estale (including home): 0 Motor vehicle: 0 Stocks; bonds: 0 Other: 0 (t) Debts and oblip,ations MOItgage: 0 Rent: $240.00 Loans: 0 Other: Child support currently $88/week Persons dependent upon you for support (Wife)(Husband) Name: Children. if any: Name: Joseph Michael Miller Name: Jennifer Hailey Miller Other: 0 (g) Age: 4 Age: 1 4, I understand that I have a contmumg obligation 10 inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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...5 i)~.. 9c" . (~,c/lt2JJh.i' etitioner .. Cl i'- . . I u.r~ .. c.... -- ( I' 7~ ....' ,. f:.' ~. , I C r I , , . 'J C , .. ! .~ CHARLES E. MILLER, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I V. . CIVIL ACTION - LAW . I IN DIVORCE, EQUITABLE DISTRIBUTION KATHY L. MILLER, I Defendant I NO. 96-1604 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on March 27, 1996, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of propsrty, lawyer's fees or expenses if I do not claim them before a divorce is granted. In addition, I specifically acknowledge that a full and final settlement of all property and other rights of the parties has been entered between the Plaintiff and Defendant. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Datel \ \- \0' 11 J\ro\\\~ '~. C/y LJ II QAJ KATHY L. ~ ):LLER ",. c.o ;... i.~ <', , ~ ~:: ., , 1 1:-' - -,' , I ( ; r; , . . :0: , n.. , .~j c..J :," r...:) C' ( I ~C i.:. .. GJ !~ I , r ~ :J (, 0'\ 1.J ~. c~.) f:: L'~. ( , i~ ? ~ i..' , . - ~) , " ! . ~. , '-! . :-~i I ! . .-.:) ;/') , '.? -;i i. ~ , . liJ - ( . '1',1.- ~ 5 , ..... (,; I:'" <.> V. !.N THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW I IN DIVORCE, EQUITABLE DISTRIBUTION I I NO. 96-1604 CIVIL TERM CHARLES E. MILLER, Plaintiff KATHY L. MILLER, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the DJ.vorce code was filed on March 21, 1996, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. In addition, I specifically acknowledge that a full and final settlement of all property and other rights of the parties has been entered between the Plaintiff and Defendant. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 1904 relating to unsworn falsification to authorities. Date I t ~ - I - r .. _/'(.",'" '!;-'d4,t.-~ CHARLES E. MILLER ,. ":-,. r.:) (~: c; ";'..,J '.. , . .-,...-' , " .' ~: ~ ~. . L: ; .;' , ":-l , ~/ . ,- . L .!. .... ~ ,..;) F' 1 ,'. ...'- b r- (;"1 c." CHARLES E. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 96 - 1604 CIVIL KATHY L. MILLER, Defendant IN DIVORCE THE MASTER: Today is Monday, November 10, 1997. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Charles E. Miller, and his counsel Mark Locke, certified legal intern, and Katherine C. Pearson, supervising attorney. Also present is the Defendant, Kathy L. Miller, and her counsel Samuel W. Milkes. A divorce complaint was filed on March 25, 1996, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. No claims have been filed in this case for alimony or counsel fees and expenses, Counsel have advised that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree. Those documents should be signed and filed within two (2) days of today's date with the Prothonotary's office. The Master has been advised that the parties have reached an agreement with respect to the economic claim of equitable distribution. An agreement is going to be placed on the record in the presence of the parties and counsel. It is understood that the agreement that is placed on the record will be not subject to modification or changes except for correction of any typogr~phical errors which may be made during the transcription. Subsequently, the agreement as stated on the record will be considered the agreement of the parties. After the agreement has been transcribed, the parties and counsel will return to review for typographical errors and make any corrections of typographical errors. After the agreement is in a final form for signature, the parties and counsel will affix their signatures. The signatures are simply an affirmation of the agreement that is being placed on the record at this time. After the agreement has been signed, the Master will prepare an order vacating his appointment and counsel can prepare a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Locke. Mr. Locke: The parties agree to a resolution of the economic issues in the following manner: 1. Kathy Miller will assume the responsibilities of the following debts: PP&L, UGI, two (2) Bell Atlantic, and $350,00 of Montgomery Wards credit card. 2. Charles Miller will assume the responsibility of following debt: The sum of $1,050,00 toward the Montgomery Ward credit card. 3, Charles Miller agrees to make payments of $10.00 a month while unemployed or on workers' compensation, or $25.00 a month while employed on account of the Montgomery Ward credit card account. 4. It is understood by the parties that Charles Miller will use his best efforts to make payments. If either party wishes to satisfy the Montgomery Ward credit card debt, they may do so, The parties expressly agree that as long as Charles Miller is using his best efforts, that this order is not subject to enforcement by contempt. 5. To the extent that the Montgomery Ward debt continues to accrue interest, each party shall be responsible for their ~ro rata share of the interest and any penalties. 6, If either party is able to reduce or cancel the Montgomery Ward credit card debt, the remaining party's Obligation to reimburse the other party will be handled on a pro rata basis. To the extent that either party cancels the Montgomery Ward debt, the reimbursement would be paid to that paying party by the nonpaying party. 7. To the extent that Montgomery Ward may not accept partial payments, the payments intended under this schedule would be made directly to that party's counsel's escrow account. 8. All other property has been distributed by the parties and there are no remaining property distribution issues. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate, Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims, MR. MILKES: Kathy, you understand that today was the time intended for a Master's hearing to consider all the equitable distribution claims in your divorce? MS. MILLER: Yes. MR. MILKES: And that instead of proceeding with the hearing, we've instead reached an agreement which we just placed on the record? MS, MILLER: Yes. MR, MILKES: And that agreement, once you come back and sign it, becomes a final agreement tu be on record at the courthouse and cannot later be challenged for lack of juriSdiction or lack of understanding; that it is a full and final settlement agreement reached between you and Charles? MS. MILLER: Yes. THE MASTER: Excuse me, Mr. Milkes. On that issue, the agreement when we leave here, whether signed or not, is valid. So you understand that, Your signature is simply an affirmation of what has been placed on the record. When you leave this table you have an agreement, do you understand that? MS. MILLER: Yes, 1 do. MR. MILKES: Is there anything about the agreement that's been put on the record here that you don't understand? MS. MILLER: No, 1 understand it all, MR. MILKES: Is there anything that you don't agree to? This is your last opportunity to say, Gee, something was ~ CHARLES E. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v.. NO. 96 - 1604 CIVIL KATHY L. MILLER, Defendant IN DIVORCE REI Pre-Hearing Conterence Memorandum DATE: Monday, June 23, 1997 Preeent tor the Plaintitf, Charles E. Miller, is the 'amily Law Clinic repre.ented by Thomas M. Place, supervisinq attorney and Mark Locke, certified legal intern. Samuel W. Milkes is here representing the Defendant, Kathy L. Miller. A divorce complaint was filed on March 25, 1996, raising grounds tor divorce of irretrievable breakdown of the marriege and the economic claim of equitable distribution. Counsel have edvised that the parties will sign and file etlidavits ot consent so that the divorce can be concluded under Section 3301(0) ot the Domestic Relations Code. The parti.. were married on January 5, 1991, and separated on September 4, 1994. There is no issue with respect to the date of separation. The parties are the natural parents of two children, Joseph, age 5, and Jennifer, age 2. Both children are in the custody of mother. Husband is 34 years of age and resides at 1617 Derry street, HarriSburg, Pennsylvania 17014 where he lives alone. Husband i. currently receiving workers' compensation as a result of a toot injury. He was working for ACE Moving and Storage. Counsel are going to provide income information aa to what he was earning at his employment and what he is receiving a. tar a. hi. workers' compensation payment. Also, counsel are going to provide updated information on husband's medical situation. Husband is probably a high school graduate,although counsel are going to inquire as to his educational background. He is currently paying child support of $88.00 per week which is being paid pursuant to an order in Cumberland county. Mr. Milke. indicated that there are arrearages on the order, although presently, as a result of the workers' compensation payments, the monies are being withdrawn directly from that benefit. We do not know whether husband has medical insurance coverage through his employer and presently through public as.istance. wife is in her 30s and is currently working in medical records at Carlisle Hospital. She reports a net biweekly income of $561.00. Wife lives at 141 East Louther street, Apartment IF, Carlisle, Pennsylvania, with the two children. She is a high school graduate and most likely has hospital and medical insurance through her employment. She is not receiving any spousal support or alimony pendente lite. The parties have listed a few items of personal property including a vehicle which wife claims she paid off in order to use the car as a trade in. The vehicle was a 1985 Sunbird. Husband's counsel believes, however, that there may have been another vehicle that she purchased as a result of that trade in which was accomplished prior to the separation and are going to make an inquiry about whether or not there are any other vehicles at issue. According to wife the vehicle that she listed (1985 Sunbird) after she paid the balance due to get the title, would indicate that the car had a negative value for purposes of equitable distribution. She valued the car at around $300.00 and paid $733.00 to get the clear title. other items of personalty include a chest which husband claims was a gift to the parties and wife claims was a gift to her, which wife values at around $50.00 to $100.00. Husband took a VCR and a blanket and wife claims he took two TVs. Husband claims the only TV he took was the TV which was his father's. Husband's counsel'are going to inquire as to whether or not there was a second TV that husband removed when he separated. There are also some other tangible personal property items which counsel are going to discuss with their clients to see if there is any value we need to consider for those items. For instance, husband claims that there were some tools and wife, on the other hand. says that she does not know anything about any tools. Both parties list various marital debt~ and are attempting to clarify some of the items listed which include the Montgome~y Ward credit card debt, the Bell Atlantic debts, the UGI debt, and the PP&L debt. There is also a question about some loans from the parents ?f both parties. Husband has listed on his debt statement a loan from his father in the amount of $500.00. Wife'S counsel today has indicated that he believes his client also has a loan claim as a result of monies lent to the parties by her mother. We are going to schedule a conference with the pa=tie. and counsel to see it we can resolve these issues regarding the distribution of the property and the outstanding debt before we schedule a hearing and prepare for testimony. counsel, at the time of the conference, are going to provide for signature by the parties affidavits of consent and waivers of notice of intention to request entry of divorce decree. A conference is going to be held on Wednesday, August 6, 1997, at 2:00 p.m. Notices will be sent to counsel and the parties. E. Robert Elicker, II Divorce Master cc: Family Law Clinic -- Thomas M. Place, supervising Attorney and Mark Locke, certified Legal Intern Attorneys for Plaintitf Samuel W. Milkes Attorney for Defendant 5. EXPENSES: None 6. GROSS INCOME: Plainliff will submil a copy of his 1996 Federal Income Taxes upon request Plainliff does nOI anlicipale his salary being an issue in !his Irial. 7. PENSION AND INSURANCE: None 8. COUNSEL FEES: There are no claims for counsel fees. 9. DL~PUTED PERSONAL PROPERTY: Disputed personal propeny includes !he following: a. Household goods including furniture and appliances b. I suede baseball jackel c. 30 records and 20 casselle tapes d. I antique chesl e. Tools f. Baby photos and olher pholos 10. MARITAL DEBTS: 1. PP&L $675.96 2. UGI $125.16 3. Bell Allantic $ 29.01 4. Bell Allanlic $ 88.09 5. Montgomery Ward Credil Card $621.52 6. IRS $300.00 7. Furniture removal $ 75.00 8. Loan from Fa!her $500.00 9. Rent (Maclay residence) $400.00 Plaintiff reserves the right to bring forth any other possible marital debts not listed. II. PROPOSED RESOLUTION: Plaintiff will assume possession of his mother's cross. his photos, and the antique chest. Defendant will remain in possession of all household goods acquired during the marriage. in return for which Defendant will assume all marital debt. If this proposal is not acceptable to Defendant, the parties will each assume 50% of the marital debt and 50% of all household goods. ;flflll /4. /1 '11'/ Date / ({II, r-A(/~' . arrie A. Lumi Certified Legal Intern ,Yh."'II(j~ III flj(UL 111"'5 Thomas M. Place . Robert E. Rains Katherine C. Pearson SUPERVISING ATTORNEY Gail R Shearer STAFF ATTORNEY " F AMIL Y LAW CUNIC 45 North Pill Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 () 8. () 9. ( ) 10. () 11. ( ) 12. ( ) 13. (x) 14. ( ) 15. () 16. ( ) 17. () 18. () 19. () 20. () 21. () 22. () 23. (x) 24. (x) 25. () 26. Truats Ute inllurance policiell (indicate face value, ca.lh surrender value and current beneficiariell) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Businellil8s (list all owners including percentage of ownership, and officer/director positionll held by a party with company) Employment termination benefits. severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryN.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute Other: Value of education received during the marriage MARITAL PROPERTY Defendant lists all property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: 118m Ducription of Property No. 1. 1981l Pontiac Sunbird 2. Cheat. Name of Value Liena or Date of Owners Encumbrances Valuation Huaband $300 (blown enginel $733 at date of 9/94 and Wife separation Husband Unknown. of N/A N/A and Wife nominal value H ullband $1000 N/A 9/94 and Wife. 3. Various perlOnal po......ions, including two television sete and a VCR. NON.~RITAL PROPERTY Defendant is unaware of any non. marital property which is at issue in this Cll88. LIABIUTIES V mous bill.. were incurred by the parties as marital debts, they remain the joint obligation of the parties. The are as follows: PP&L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $675.96 UGI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $125.16 Bell Atlantic. . . . . . . . . . . . . . . . . . . . . . . . . . .. $29.01(basic) Bell Atlantic . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $88.09(toll) Montgomery Ward Credit Card . . . . . . . . . . . . . . . . .. $621.52 Total .................................. $1,139.74 EXPERTS The Defendant anticipates there will be no expert testimony. EXHIBITS Exhibits will be limited in nature, documenting the above information. GROSS INCOME The Defendant's net income is approximately $561 net, biweekly. 'lefendant is unaware of Plaintiff's precise net income. PENSION/RETIREMENT This item is inapplicable. " . , CHARLES E. MILLER, Plaintiff IN TUE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE, EQUITABLE DISTRIBUTION KATHY L. MILLER, Defendant NO. 96-1604 CIVIL TERM G '.0 n ~ ',\ t:- :-~ \ , i,l1 "TH -".- (i"'1 ~"" !\.? ~ I 'll"-- ~ >~~ u' -<, ..., t- , ," It'i ~c ~, , c.rn ~<~ - ~ ~.a '. .'. -..> 7:1 .1"" ..... -<.. PRAECIPE TO WITHDRAW PETITION FOR LEAVE TO WITHDRAW AS COUNSEL TO THE PROTHONOTARY: Kindly withdraw the Petition to Withdraw as Counsel, filed April 29. 1997 by the Family Law Clinic. Respectfully submilled. Dare:5-1-11 C~Ll~~01.~. Carrie A. Lumi Certified Legal Intern ~n'lY- Thomas M. Place SUPERVISING ATIORNEY FAMILY LAW CLINIC 45 North Pill Street Cill'lislc, PA 17013 (717) 243-2968 Fax: (717) 243-3639 >. CO') ;.- ~; C":' I~,; ;:.~; rf<J J.... (", ~;. '.;;.! ':1.-: '<<.. ff" ,; . .~ ~i' w... , ~: r- .':,1 " J I .~:; _ t.._ . fr:ll; >- , ;1-;'] C;.i, .. f. :-~ 4.:: fJ.. r- ~j c-' 'n (.J CHARLES E. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVCRCE, EQUITABLE DISTRIBUTION NO. 96-1604 CIVIL TERM KATHY L. MILLER, Defendant P.~XTIOM rOR LBAVB TO WITHDRAW PURSUANT TO RULB 1.11Ib)I!) AHD II) or TBB PBHMSYLVAHIA .ULIS or P.OPBSSIOMAL CONDUCT Petitionar, The Family Law Clinic, hereby petitions to withdraw from further representation of Charles E. Miller, pursuant to Rule 1.16(b) (5) and (6) of the Pennsylvania Rules of Profes.ional Conduct, and in support therefore avers the following: 1. The Family Law Clinic agreed to represent Mr. Miller in January 1996. 2. On March 25, 1996, The Family Law Clinic tiled an IFP and a Complaint in Divorce (3301(C) and 3301(d)) on behalf of Mr. Miller. The divorce complaint included a count for equitable distribution of marital property. 3. The Family Law Clinic has attempted on numerous occasions to contact Mr. Miller regarding the status of the equitable distribution claim, including the following instances: a. On June 4, 1996, The Family Law Clinic sent correspondence to Mr. Miller regarding a proposed property settlement by the opposing counsel, Mr. Samuel Milkea, Esq. There was no response from Mr. Miller regarding that letter. b. On July 24, 1996, The Family Law Clinic again mailed correspondence to Mr. Miller regarding the proposed property settlement offered by Samuel Milkes, Esq. Mr. Miller failed to respond to this letter. c. On September 24, 1996, The Family Law Clinic mailed . letter to Mr. Miller requesting that he contact us regar~inq the .t.tus of his divorce .nd equitable distribution action. Mr. Miller tailed to respond to this letter. This letter was l.ter returned by the postal service to The Family Law Clinic, st.mped "Moved, Left No Address." Mr. Miller failed to inform The Family Law Clinic as to any .ddress ch.nge. d. On October 26, 1996, The Family Law Clinic received a letter from Mr. Miller regarding his desire to reduce hi. child support payments. This letter included Mr. Miller's new .ddr.... e. On November 19, 1995, The Family Law Clinic responded to Mr. Miller's October 26, 1996 letter and a.k.d that he contact the Clinic. Mr. Miller f.iled to respond to that request. t. On December 17, 1996, The Family Law Clinic wro~. to Mr. Miller, indicatinq that it would seek to withdraw tro. hi. case it he did not contact the Clinic to make an appointm.nt. Mr. Miller unexpectedly stopped by the Family Law Clinic on January 15, 1997 at which time The Clinic met with him and discussed his divorce action. At this meeting, The Family Law Clinic clearly expressed to Mr. Miller that he would have to remain in contact with the Clinic in order for us to continu. our representation of him. g. On January 30, 1997, The Family Law Clinic mailed Mr. Miller a letter confirming the January 15, 1997 conversation. This letter also requested further information regarding Mr. Miller's equitable distribution claim. Mr. Miller failed to respond to that letter. h. On February 10, 1997, The Family Law Clinic mailed Mr. Miller a letter requesting information regarding the equitable distribution of the marital assets and debts. Mr. Miller failed to respond to that letter. i. On February 27, 1997, Mr. Miller unexpectedly stopped by The Family Law Clinic and provided the Clinic with a new address as well as scheduled an appointment for March 3, 1997. Mr. Miller tailed to show during this scheduled appointment and failed to contact The family Law Clinic in any way. j. On March 4, 1997, The family Law Clinic mailed Mr. Miller a letter requesting that he contact The Clinic. Mr. Miller failed to respond to that letter. k. On March 19, 1997, The family Law Ciinic mailed Mr. Miller a letter asking him to contact The Clinic. This letter also indicated to Mr. Miller that The Clinic would seek to withdraw from his case by March 28, 1997 if no response was received by Mr. Miller. On March 25, 1997, The Family Law Clinic then received a motion from opposing counsel to appoint a divorce master. The Family Law Clinic immediately mailed a letter to Mr. Miller explaining the motion and requesting a response from Mr. Miller. A letter was received from Mr. Miller on April 1, 1997 explaining his position in regards to the marital property proposal provided by oPPo$ing counsel. l. On April 8, 1997, The family Law Clinic received the Divorce Master's order to file a pre-trial statement by April 28, 1997. On that same day, The Family Law Clinic m4ilad Mr. Miller a letter agreeing to continue its representation of Mr. Miller as long as he maintained in contact with the Family Law Clinic. m. On April 16, 1997, The Family Law Clinic mailed Mr. Miller a letter requesting that he contact The Clinic regarding his marital property settlement and notifying him that the Divorce Master had ordered that a pre-trial statement be filed by April 28, 1997. Mr. Miller failed to respond to that letter. n. On April 23, 1997, The Family Law Clinic mailed a letter to Mr. Miller notifying him that The Clinic would withdraw trom this case unless Mr. Miller responded to The Clinic by April 28, 1997. Mr. Miller failed to respond as directed. 4. The family Law Clinic is unable to provide effective representation for Mr. Miller because of his failure to otherwise remain in contact with The Family Law Clinic. 5. The family Law Clinic has provided Mr. Miller with reasonable warnings that The Clinic would seek to withdraw from the case should he fail to remain in contact with The Clinic. 6. Continuing representation of Mr. Miller has been rendered unreasonably difficult by Mr. Miller's failure to communicate with The Family Law Clinic. WHEREFORE, The FaMily Law Clinic requests permission to withdraw as counsal for Mr. Charles E. Miller in this matter. Respectfully submitted, ~ ~ltq/?1 Date FAMILY LAW CLINIC 45 North Pitt street carlisle, PA 17013 (117) 243-2968 Fax: (717) 243-3639 OffIce of Divorce Master 9 North Hanover Slreet Carlisle. Pennsylvania 1 70 13 ~,. . - . . . . . . . . . U.S. POaTAOI : CHARLES E. 1617 DERRY HARRISBU MILLER STREET KILL'l? 171043033 1'97 10 aZTURN TO a.xc.. JCILUR MOVX~ L.'T NO ADD.... TJ1Il'AIlL. TO 'OI.Am) '.TURN TO .IND.. I? I 1il4 - J J Z;3 it 11I,,,11,,,,,11,,/1,,11,,,11,"11,,,11......,,/1,,.11,,,11",' 01/U/t7 '.L'.....,''-'',;,._-'''~__.....~'#~ ..,,1' .. .. '" !' . , ,(' , , , of' I, .. '. . i . '7.-' ~!'ot, . ... , J- "..... '" . .... , '. , CHARLES E. MILLER, Plalntiff IN TH;;: COURT OF COMMON 2',\;:;\,: CUMBERLAND COUN'l"{. PENN';'!: ',\ CIVIL Ac'rtoN - LAW vs. NO. '~6-l604 CII/LL KATHY L. MILLER. Defendant IN DIVORCE ORDER AND NOTICB SETTING HEARING To: Cha,rles E. Miller L<1W Clinic plaintiff CounsBl ~or P1aLntLff Defendant Counsel for Defendant Kathy L. Miller Samuel W. Milkes You are directed to appear for a hearing to take t~~tLmony on the outstanding issues in the above captioned dlVOcce proceedings at the Office of the Divorce Master. ') :luni, Hanover Street Carlisle, pennsylvania. on the lOth day of Nnv..mh..r . 19-9.], at q,oo a .m, at which place and time you will be given the opportunity to present witnesses .\"d exhibits in support of your case. By the Court. ,!Ur'!q' ~~\~ Harold E. Sheely. Date of Order and Notice: 8/6/97 [tflL,-t{~~ Divorce Master By: IF ,{OU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO 10 OR TELEPHONE THE OFFICE SET FORTH BELOW TO rIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor. East Wing Cumberland County Courthou30 Carlisle. PA 17013 Telephone (717) 240-6200 ,-.- . ';;"'h~~~ 1 . ' " . , ifJ"' . W :: ,;'if . ~, 't: 0 .3 ~: 1 ~o . ,11 ".T'Ilt'. .. 1 .., 1 /11 It s. PO!ll~ & 1 1\0& of ~orc. .....er 101\1\ tlaflOVer SIr eel lrlisle. peflflSVNaflia \1013 \lll/)VH>':h;lfiL I C","" E. 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