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HomeMy WebLinkAbout96-01899e4 t j i 't t j f (4 fj t 1 1 **' 1 Y jjt~ ` .f . j. :~.. 'i i ++~ ~, 5,.i. y i i 1 i t ~~ ^~ W v {SJ .~.. ~~A • t' K h two •:K. •a• :YC• :~• •:~> •:K..;e;..or,..:eF <e} •:e:• :6• tr• te:• {ti :e:• ie:• {ti o- •:Y.• >:e?: •7-'r '•:e'r_{e:• •t-: :~:• :M •:~C!t+1~ IN THE COURT OF COMMON PLEAS K OF CUMBERLAND COUNTY t z STATE OF t~` t PENNA. i• ..~.•,t. +~ JOHN R. MILLER, PlaintlEf i~~~i, 1©99 CIVIL li) 96 Nrraun GAYLE R. MILLERS Defendant ~{ r, DECREE IN DIVORCE AND NOW, . , . , . • 1~.L.~...~.2, ......... , , 19.5.. it is ordered and k ' decreed that JOHN R. MILLER ii ................................................ plalntlff, GAYLE R. MILLER ond ........................................................ .defendant, are divorced from the bonds of matrimony. The court retains (urlsdictlon of the following claims which have been raised of record in this action for which a final order has not yet been entered; THE AGREEMENT• SIGNED, BY, T,F{E, PARTx~.§ .QN. APRII, .29r..1999..BEFARE, THE DIVORCE MASTER IS INCORPORATED E EI, S„ '' ........ ... . .....................h. R. N. A. 1!. F.xNnL..QRDER... Ry The F~ /t~~ D ~ tWl / 1/G/ '~ AUeets ~' ~ J. 1 U ~ ;•s r, i~ Ih•olhunolnry j I }~~~;. ~~. .~;. .W~. W ~~. _. ~:• •:Y.• •:ei :Y• •:e: :K• :ti •:e: :e: :1:• :ti <e: •:e:• {e:• :ti {e} .,y;. •:ti {e:• {1: :e:~ :e;• k rR r~ ~t (3 ~3 k i!i [R'~ ~! ~ ~~ :i ~~ i M ~~ t ~ ' ~ si3.9i ~~.r ~1~,cy ~.,.~~~~ t ~-'~ ~~--~1:~, JOHN R. h1ILI.ER, . Plaintiff vs. GAYLE R. MILLER, Defendant IN THE COURT OI' COh1MON ['LEAS OF CUMUI:RLAND COUNTY, PENNSYLVANIA N0. 96-1©99 CIVIL. 'PERM CIVIL ACTION - LAW IN DIVORCE /11.4RITA~- SciTtEMEN7' ACKFFmFN'T- THE MASTER: 'today is Thursday, April 29, 1999. This is the date set for a Master's hearing to continue testimony in the Miller case. Present in the hearing room are the plaintiff, John R. Miller, and his counsel, Michael A. Scherer, and the defendant, Gayle R. Miller, and her counsel, Frances H. Del Duca. This action was commenced with the filing of a divorce complaint on April 9, 1996, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided today affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties. Therefore, the divorce will be able to be concluded under Section 3301(c) of the Domestic Relations Code. On April 24, 1996, wife filed a counterclaim and raised the economic issuesof equitable distribution, alimony, alimony pendente late, counsel fees and expenses. Husband filed a petition raising the claim of equitable distribution on his own behalf by petition on December 31, 1996. I•: •:'^:~ previously had a hearing on Thursday, October 29, 1998, to take Cestimony on the issue of the date of -1- ~. ' ~ »~v•K•w . separation of the parties. ['ollowing the hearing, the Master stated his decision on the record, finding that the parties separated at the end of February, or March of 1995. The parties and counsel have been negoCiating today in an effort to reach a setclemenC of the remaining economic issues. 7'lie Master leas been advised that after negotiations the parties have reached an agreement-. The agreement is going co be placed on the record in t-he presence of the parties. 9'he agreement as staled on the record will not be subject to any changes or modifications and will be considered Che substantive agreement of the parties. The only corrections will be to typographical errors which may be made during the transcrlpt-ion. Counsel and the parties are going to return later today to review the draft of the agreement for typographical errors and make eny corrections as required. After the agreement has been checked for typographical errors, the parties and counsel will sign the agreement by way of affirmation of the terms of the agreement which are being placed on the record at this time. When the parties leave tho hearing room today, they will not be able to make any substantive changes to the terms of Che agreement. After the Master has been provided with the signed copies of the agreement, he will prepare an order vacating his appointment and counsel will be able to file a praecipe transmltting the record upon the Master's vacaCion, requesting a final decree in divorce. Mr. Scherer. (Whereupon, Mr. Scherer. recited the following:) 1. Wife will become the sole owner of the marital residence which is local-ed at 10 F Street, Carlisle, Pennsylvania. Husband shall convey his entire interest in this real estate to wife upon presentation of a deed from wife. Wife shall be solely responsible to pay any existing liens on the property and she shall indemnify and hold husband harmless for all such obligations. 2. Husband shall pay wife alimony 1n the amount of SA0.00 per week tlirougi~ the Cumberland County Domestic Relations Office. Husband's obligation to pay alimony is modifiable in the event of changed circumstances of either parl•y. Husband's obligation to pay alimony shall end in the event of the death of either party, or wife's remarriage or cohabitation. 3. Husband shall become the sole owner of the Monumental Life Insurance policy. A. The parties shall become the sole owners of the tangible and intangible personal property presently in their respective possessions and control. Neither party may hereafter make a claim for any such tangible or intangible personal property in the possession of the other party. 5. Wife shall become the sole owner of the burial lots at Cumberland Valley Memorial Gardens, Carlisle, Pennsylvania. 6. Husband shall become the sole owner of the 1996 Honda Accord presently in his possession. 7. Wife will obtain health insurance through her employer by May 7, 1999, and husband shall be permitted to discontinue health insurance coverage on wife through his employer on May 7, 1999. 8. Each party will pay their own counsel fees and expenses. MRS. MILLER: I don't think that's tai r. MR. SCHERER: The last paragraph ChaC I was going to put in was this standard language from Mr. Flicker. -3- ri .,rr.,':...r:. And that is: 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 slie may now have or I~ereafter 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 othereaand right to acteasgadministratorlorf the executor in the other's estate. Each will at the deliver anytand allrinstrumentscwhichemay~bend necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. THE MASTER: If you want to go on the record with your client. BY MR. SCHERER: Q. Will you please state your name, John? A. John R. Miller. Q. And have you been present for the agreement that I have just dictated? A. Yes. Q. Have you heard the entire agreement? A. Yes. Q, Do you understand the agreement? A. Yes. Q. Is it your desire to enter into that agreement that I have dictated? A. Yes. Q. Do you enter into the agreement voluntarily and of your own free will? A. Yes. -4- MR. SCHERER: Thank you. THE MASTER: Mrs. Del Duca. BY MS. DEL DUCA: Q. Would you state your name, please? A. Gayle R. Miller. Q. I need to ask you about the comment you made Chat it was not fair that each party was to pay Cheir own counsel fees. Was that simply a comment expressing your feelings, or is that a request that you have a hearing as to whether both of you should be paying your counsel fees? A. That was just my feelings. Q. So you have heard the agreement as it was just stated, and are you in agreement with the disposition of the marital assets as stated? A. Yes. THE MASTER: Do you understand the agreement? MRS. MILLER: Not really. Not all of it. THE MASTER: What don't you understand? MRS. MILLER: I don't understand what he read. THE MASTER: That may be something that we should explain to you. Let's go off the record and let Mrs. Del Duca explain that paragraph to you and then we'll go back on the record. (Discussion off the record.) THE MASTER: Mrs. Miller, has Mrs. Del Duca explained the last paragraph to you to your satisfaction? MRS. MILLER: Yes. 'fHE MAS'I'Eft: All right. Do you agree with -9- everything then3 MRS. MILLER: Yes. I acknowledge that I Have read t•he above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm t•he agreement previously made and intend to bind myself to the settlement and subjecting myself to the methods and procedures of r;nforcetnent which may be imposed by law in particular Section 3105 of t•he Domestic Relations Code. WITNESS: DATE: ~~~~A~~~~ y'79' 97 J ~ h~C~ c e c serer o in e~- Attorney for Plaintiff ` ~ `s- raF` nces fl-6el u B ca Attorney for Defendant a e er -6- ~. +` ~; k ; :, Y Y1~ ~ ~: u ~~ c.~~ ; M ~ ~~~~ ~~r ~.i r.. ~ .. Ci_~i: I- ~i. 4' (V Z N ~-~ 4 ~ .J.Y %'.~ iii ,~ ~i ~ U JOHN R. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.96-1899 CIVIL TERM GAYLE R. MILLER, CIVIL ACTION-LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Frances Del Duca, Esquire signed an Acceptance of Service which was filed on April 24, 1996. 3, (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff APRIL 29. 1999 ; by the defendant APRIL 29. 1999 (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the divorce code NIA (2) Date of service of the plaintiffs affidavit upon the defendant NIA 4. Related claims pending NONE 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 plaintiffs waiver of notice In Section 3301 (c) divorce was filed with the Prothonotary: Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: ~~ ~~~~ Michael A. Scher r, Esquire Attorney for the Plaintiff, John R. Miller ~ F wi; N [~ _ ~ t ~ .. , T ~. .:f .°~'t? ( is ~ ' - :z: ~- 'u rn is ,~ ~~ ,_, ~~ i ~ ~ h '' ~ ~ ~ o i;, r !`~ ~ ~. V O ~ N [Wt~ U N r~~l Q ; J • ~ u W ~ ~ pa < O. I d N o ~ a N ~ ~~ Z F C c ~ ~ ~ ~ a a a = .- IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA JOHN R. MILLER, Plaintiff CIVIL ACTION - LAW v. IN DIVORCE GAYLE R. MILLER, NO. 96- 1A99 C~'~:% T-e-~.,~ Defendant NOTICE TO DE['END 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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 Court Administrator One Courthouse Square Carlisle, Pennsylvania 17013 (717) ,2A 0/-~2Q0 ~ . William C. Vohs, Esqui Attorney for Plaintiff 1"1YYUx I Im.91YIdU I L Vlp lm i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. MILLER, Plaintiff v. GAYLE R. MILLER, DefendanC CIVIL ACTION - LAW IN DIVORCE NO. 96- /l~99 Cu%~P l.Gah- COMPLAINT IN DIVORCE AND NOW, this ~ day of April, 1996, comes Plaintiff, John R. Miller, by and through his attorneys, HANFT & VOHS, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is John R. Miller, who currently resides at 345 East Louther Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Gayle R. Miller, who currently resides at 10 F Street, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are sui juris, and Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on February 12, 1966, in Westminster, Maryland. 5. The marriage is irretrievably bro;cen. The foregoing facto are averred and brought under Sections 33o1(c) or 3301(d) l'lITWMMYIM/NIT~LOII~ /lY)YI I4. of the Divorce Code of 1900, ae amended. 6. The Plaintiff had been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, HANFT & VO1jS ~~L/ W 11 am C. Vohs, Esquire Attorney ID No. 65208 it West Pomfret Street, Suite 2 Carlisle, PA 17013 (717) 299-5373 Attorney for Plaintiff, John R. Miller r I V W~~ Il~nrM,t',m 11 ~ l,.xu Im Verification I verify that the statements made in the foregoing Complaint are true and correct to the beat of my knowledge, information and belief. This Verification is made only as to the factual averments contained herein, and not to legal conclusions and averments authored by counsel in hie capacity as attorney for the party or parties hereto. 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. w I ~ ~~~~ Jo n R. M ller r onwvv~~n~~.rvai~ w i~~w• ixv JOHN R, MILLER, Plaintiff v. GAYLE R. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 96-1899 CIVIL TERM CIVIL ACTION-lAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on April 9, 1996, 2. The marriage of the Plaintiff and Defendant is Irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 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. 5. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Oecree will be sent to me Immediately after it is filed with the Prothonotary. 6. I 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. understand that false statements herein are made subJect to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: -- Y ~ M. 2 ~ John R. Miller ~ Uj ~ ~ ~s ~. + ('- ;t'• Q 2 r ~ l~ N ~ ~ h' Q ~ m ~ C JOHN R. MILLER .. v. :: GAYLE R. MILLER .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1899 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed April 9, 1996. 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 have been advised of the availability of marriage counseling, that I may request that the Court require that my spouse and I participate in counseling, and that the Court maintains a list Of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I decline to request that the Court require that my spouse and I participate in counseling. 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. 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 19 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~-~~ (Z 111 ~..~~~,~~ Dated: y-,~•~ ~y ayle R. Miller ,:i ;; :, ~<< F, t~ i 1 _' jQ 1 I ~~ ~ U ~? F=i _ + ~ ~ ~~ f ~' °' :~ ; ` 4`, N ' ~~ ~ tl ~~ 4 ', i JOHN R. MILLER .. :. v. ;: GAYLE R. MILLER :: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 96-1899 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301( a ) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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. 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. Sec. 4909 relating to unsworn falsification to authorities. II i Dated: ,~ _ ~ ~ _ ~.y. ~J4•~~~~'1 l ,~C/~-~~ Gayle R. Miller . ~ 1 ~~ ~~ J? ~l Q~ N ] .: ~~ {u O. 4 O~ Ql IN THE COURT OF COMMUN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. MILLER Plaintiff V. GAYLE R. MILLER Defendant . CIVIL ACTION - LAW IN DIVORCE NO. 96-1899 Civil Term ACCL~PTA_NCL' OF SERVICE I, Frances H. Del Duca, Esquire hereby accept service of the Divorce Complaint filed in the above captioned matter on behalf of Defendant, Gayle R. Miller, and hereby certify that I am authorized to do so. DATE : ' LL ~G .Frances H. el Duca, Esquire .~ ,ou,.n,n.un nw un,rt a. ~~~ , _ ~: ~' :• ~._ r ~ ~ i l c i ~~~jjj"' ~1 • ui _ ,,- c, ~.~ ~_ ,, ~ t_ m ~. u ~ Z z ~ J 3 W J U ~ a ~ ~ < Z ~~„ ~ ~ ~ , u M a = _ a ~ w a ~ Hua,z ~ ~ ~ W o ;~ ~ a ~ u~ ~ o ~ ~~~~ ~ JOHN R. MILLER :: IN THE COURT OF COMMON PLEAS OF :; CUMBERLAND COUNTY, PENNSYLVANIA `/, ;; CIVIL ACTION - LAW ~ .. NO. 96-1©99 GAYLE R. MILLER .. COUNTERCLAIM Defendant/counter-plaintiff avers, by way of counterclaim. COUNT I - EQUITABLE DISTRIBUTION 1. Plaintiff and defendant/counter-plaintiff are the joint owners as tenants by the entireties of various items of personal property, furniture and household furnishings and real estate acquired during the marriage which are subject to equitable distribution by this court. 2. Defendant/counter-plaintiff requests this Honorable Court to equitably divide all marital property of the parties. COUNT II - COUNSEL FEES AND COSTS 3. Defendant/counter-plaintiff does not have sufficient funds to pay counsel fees and expenses incidental to this action. 4. Defendant/counter-plaintiff requests this Honorable Court to award her counsel fees and expenses. COUNT III - ALIMONY, ALIMONY PENDENTE LITE 5. Defendant/counter-plaintiff does not have sufficient mounds to support herself. 6. Defendant/counter-plaintiff requests this Honorable Court to award her alimony, alimony pendente late. WHEREFORE, defendant/counter-plaintiff respectfully requests this Honorable Court to grant the relief requested. Respectfully submitted, -) /, , ~_-Attorney for Defendant Counter-Plaintiff 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 10 Pa.C.S. Sec. 4909 relating to unsworn falsification to authorities. Dated: ~/- J7 - ~'~ a'~//i.~llc i~~. ,lL,~~~n-~ v `J _U v ~ ~ ~• rt is ~r, ~ ~,, ~~ ~ J ~ ~`. ~~" ~ ~ ' ~ LI ~ ]! t}~~ • bf. ~ ~ ii r: ~~ r ~. ~.) ,_~ '~ ~ ~ ~~ O~ N ~ 7. o N ~~ ~ _ ; . 5 ,, ~ w E ~ ~ ~ 2 ~ '~ N H I ~+ n, o •w ~i ~ p F C ro ~ a .. ~ a a . ~ ~ ~ a a & z > ~ ~ ~ 1f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. MILLER, t Plaintiff t t CIVIL ACTION - LAW V, t IN DIVORCE t GAYLE R. MILLER, t N0. 96-1899 Civil Term Defendant t pBTITION FOR BOUITABLB DISTRIBUTION AND NOW, this day of December, 1996, comae the Plaintiff, John R. Miller, by and through hi.e attorneys, Hanft & Vohs, and files the following Petition for Equitable Distribution as follow: I. BOUITABLE DISTRIBUTION 1. Plaintiff, John R. Miller, and Defendant, Gayle R. Miller, have acquired property, both real and personal, during their marriage. 2. Plaintiff, John R. Miller, and Defendant, Gayle R. Miller, have accumulated debt during their marriage. WHEREFORE, Plaintiff, John R. Miller, requests this Honorable Court to determine marital property and to order an equitable distribution thereof. Respectfully submitted, HANFT & VOHS William C. Vohs, Esquire Attorney for Petitioner cw~mnaw..wain,.nnwo. ~~ \ 1 ~ f I verify Lhat the statements made in the foregoing Petition for Equitable Distribution are true and correct to the best of my knowledge, information end belief. This Verification is made only as to the factual averments contained herein, and not to legal conclusions and averments authorized by counsel in hie capacity ae attorney for the party or parties hereto. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn fnleification to authorities. ~~ ohn R. Miller c wcoQaa.nyo,n,..n.w o+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. MILLER, Plaintiff V. GAYLE R. MILLER, Defendant t r t CIVIL ACTION - LAW r IN DIVORCE t r NO 96-1899 Civil Term t ~'ERTIFICATE OF SSRVICS AND NOW, this day of December, 1996, I, William C. Vohs, Esquire, hereby certify that the following persons were served with a true and correct copy of the Petition for Equitable Distribution by United States Mail, First Class, Postage Prepaid, addressed as follower Frances H. Del Duca, Esquire Ten West High Street Carlisle, PA 17013-2922 HANFT & VOHS William C. Vohs, Esquire Attorney ID No. 65208 11 W. Pomfret Street, Suite 2 Carlisle, PA 17013 (717) 249-5373 CWI~OWMI,[1VilLLlM14j14 W JOHN R. MILLER, s Plaintiff s v. s GAYLE R. MILLER, Defendants IN THE COURT OF COIMION PLEAS OF CUPIBERLAND COUIJTY, PENNSYLVANIA CIVIL ACTION - LA4i NO. 96-1899 CIVIL TERI•I _ORDER OF COURT AND NOW, this (` ~~ day of Octobor, 1997, upon consideration of Defendant's Motion For Sanctions Against Plaintiff for Plaintiff's Failure to Answer Defendant's Intarrogatories, a discovery conference is SCHEDULED in chambers of tha undersignad judge for Tuesday, December 16, 1997, at 11:00 a.m. BY THE COURT. Michael A. Scherer, Eeq. 17 Weat South Street Carlisle, PA 17013 Attorney for Plaintiff Frances Del Duca, Esq. Ten West High Street Carlisle, Pa 17013 Attorney for Defendant src ~~,:y mtiw.~:oL ~O~i7~9'1. ~S. ~' n _ ~, ~ , ., -~ .; ... .. '.; s.. :~ .. CUMBERLAND COUNTY, PENNSYLVANIA v. .. N0. 96-].899 CIVIL TERM GAYLE R. MILLER ;: ORDER AND NOW, this day of October, 1997, upon consideration of defendant's motion for Sanctions Against Plaintiff for Plaintiff's Failure to Answer Defendant's Interrogatories to Plaintiff, it is hereby ORDERED that the motion is granted and plaintiff, John R. Miller, shall answer defendant's interrogatories within ten (10) days of the date of this order or appropriate sanctions will be imposed upon further application to the Court. BY THE COURT, J. JOf1N R. MILLER :; IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA v. :: N0. 96-1099 CIVIL TEPM GAYLE R. MILLER :: DEFENDANT'S MOTION FOR SANCTION AGAINST PLAINTIFF FOR PLAINTIFF~B FAILURE TO ANSWER DEFENDANT'S INTERROGATORIES Defendant, Gayle R. Miller, by her counsel, moves the court to enter an order pursuant to PA.R.C.P. No. 4019(a)(1)(i) direcL-inq Plaintiff, John R. Miller, to serve full and complete answers to Defendant's interrogatories propounded to P1ainL•iff or suffer sanctions, and in support thereof avers as follows: 1. The action was instituted by complaint on April 9, 1996. Defendant filed her answer to the complaint on April 24, 1996. 2. On March 6, 1997, Defendant served a set of interrogatories upon counsel far Plaintiff. A copy of Defendant's interrogatories to Plaintiff and Defendant's transmittal letter of March 6, 1997 are attached as Exhibit ..Au 3. Plaintiff, through his counsel, served the answers to the interrogatories on Defendant's attorney by letter dated April 1, 1997. 4. On April 9, 1997, a copy of which is enclosed as Exhibit "B", Defendant, by letter, requested that Plaintiff answer Paragraph 5, Paragraph 7 and Paragraph 9. 5. By letter dated April 10, 1997, Plaintiff's attorney stated that Plaintiff was not willing to disclose the amount received through inheritance or tort settlement. A copy is attached hereto as Exhibit "C". 6. Defendant believes that Plaintiff will not answer interrogatory 5, 7 or 9 absent a court• order. WHEREFORE, Defendant requeate the court to enter directing Plaintiff to file a full and complete answer to interrogatory 5, 7 and 9 within ten (10) days or suffer appropriate sancL•ions to be imposed upon further application to the Court. ~-fiances fI. Del Duca, Esq. Attorney for Defendant October // , 1997 FRANCES H. DEL DUCA ATTOnNEY AT LAW rcN wcoT tnott amcrr CARLISLE, PENNSYLVANIA nou•eoea ear eooe nr e~a~taca March 6, 1997 William C. Voles, Esc;. 11 W. Pomfret St., Ste. 2 Carlisle, PA 17013 Re: Miller v. Miller 96-1099 Civil Term Dear Chuck: I aln enclosiny icllerroyaL•oriea L•o be answered by your client. We are particularly interested in having intorulaL•iou concerniny your clienC's torL• settlement and inheritance. Sincerely, Frances li. Del Uuca FHD/s Encl. ccs Gayle Miller EXHIBIT ttAtt JUIIN R. MILLEII v. GAYLE R. MILLER i IN 'PIIE COURT' OE' COMMON PLEAS OF' ;: CUMEIERLANU COUNTY, PENNSYLVANIA .. NO. 9G-1099 CIVIL 'PERM :s :: IN DIVORCE TOS JOAN R. MILLER INTEI2ROGATORIEB Demand is hereby by the Defendant of the Plaintiff for answers, under oath or certlflcation, to the following Interroyatoriea within the tlme and in the manner prescribed by the rules of• this Court. 1. State your full namo, age, residence and post office address, home telephone nntnber, social security number and present• military status. 2. State the names, addressee and telephone numbers of your employers, the l~oura and rate of pay or earnings, wages, commissions and overtime pay, any bonuses, yratuities, expense and drawing accounts and allowances for transporL•nt•lon and other accoimnodaL•iona and expenses, all pensions, stock purchase options, reL•irement plane, insurance, profit-sliarinq or other benefit• plane. If thero is a contract of employment, state the terms L•liereof or , if in writing, attach a copy hereto. 3. If you are sett-employed or conducL• a business or a profession as a solo proprietor, partner or corporation, 1 _.,.,.,, state (a) which il• is, (b) the nature thereof, (c) the name, address and L-eleplrono number thereof. 4. State (a) your average weekly take-home pay, (b) itemize all deducL•ions Laken from your earnings or other emoluments, includlny but no L• limited L•o L•axes, insurance, savings or loans, as L•o each of your Federal income tax returns for l•he lasL• L-hree years, state, (c) gross income and sources thereof, (d) net taxable income. Attach copies of the returned hereto. 5. itemize all income benefits and oL•her emoluments not already included in your answers to any preceding questions, such as, but not limited to pensions, annuities, inheritances, retirement plans, social security benefits, lotte- ry prizes, bank inl.•erest, dividends, insurance settlement received during the last three years, etc. sho~the source, amount and frequency of each. 6. If you own or Dave any interest in an automobile, truck, camper, mobile home, nroL•orcycle, boat, airp:ane or vehicle of any nature, household goods, furniture, jewelry, furs and other tlrinys of value, identify each and your interest therein, stating the make, model, year, price paid therefor, its preserrl.• value, location and the name and address of any co-owners. Do not• include items lisL•ed in Exhibit A of your pre-trial staL•ement. 2 7. Itemize all bank and savings and loan association accounts, time deposits, certificates of deposit,.eavinga clubs, checking accounts and IRS accounL•a in your name or in which you have an inL•ereat, showing L•he name and address of each depository, Clre presenL• balance L•herein, the name and address in which each is regisL•ered and the present locatio~r and custodian of the depoaiL books or certificates. identify all ba~ik accounts and give accounL• numbers. e. If during L•he last L•hree years you have sold, L•ranaferred or oL•lrerwise disposed of any items in questions 5, 6, and 7 or any inL•ereat therein, state which items were so sold, L•ratrsferred or ollterwise disposed of, to whom, the dates of Llre transaction and the consideration received for each. 9. List all life insurance policies in which you are Lhe insured or beneficiary showing as Lo each policy (a) name of company, face atnount• and policy number, (b) name of insured, beneficiary and relationship to you, (c) annual premiums acid wlro pays L•Iretn, (d) present cash surrender value. 3 10. Identify any automobile, truck, camper, mobile t-ome, moL•orcycle, boa, airplane or vel-icle of any nature that• you own or have an interest theroiu and set forth: (use supplemental sliest if necessary). a) make, model, year] b) dale acquired! c) purchase price or value at acquisition? d) your opinion as L•o current fair market valuet e) how title is held] f) name and address of any co-owners or interest holders) q) daL•e, i[-itial amount, preaenL• balance of any liens or encumbrances thereon including identity of lienholder. 11. State wl-eL•I-er you own any furniture, household goods, jewelry, antiques, art work, furs, collecL•ions or otter items of value exceeding $100 other than items listed in Exhibit "A" of• your pre-trial staL•ement. For each item set Forth: (use supplemental sheet if necessary) a) description: b) date of acquisitions c) if purchased, source of funds used to purchase: d) purchase price or value at acquisition if not purchased; 4 e) your opinion as Lo Pair market valuer f) present locaL•ion. 12. State whel•tter !-here is any money owing to you, including, but not limiL•ed to, judgments, notes, contracL• rights, loans, assignments, etc. and set forth: a) nature and amount of each obligation and date incurred! b) name and address of each debtor! c) condiL•ions of payment] d) consideration given! e) collateral or security for obligation) f) current balance duet q) attach writing indicating proof of debt or obligation. 13. Do you anticipate receipt of any devise, bequest, gifL•s, or inlteritance7 If so, sot forL•tts a) when receipt is anticipatedt b) amount L-o be received! c) from whom receipt is anticipatedt 5 d) any documents in support of such b~~~~eat, devise, gift or inheritance. 1~. Liot all insurance policies including life, healtt:, major medical, in wl:icls you, your wife or your children are either tl:e owner, insured or beneficiary, and to each policy set forth: a) state the nature oP tl~e plan (IRS, Keough, defined bonefit plan, etc.) b) atat-e balance or a:nount• to your credit on each oP the following dates: 1. date of separation 2. date of filing of divorce complaint 3. date of answers t-o these interrogatories c) bank or plan administrator: d) account numbers e) state Ilse date and amount of each contribution made by you and/or on your behalf during ttte immediately preceding three (3) yearss f) date of which you opened tl:e account or date on which your participation in t1:e plan commenceds 15. Itesnizo your average monthly living expenses in detail, includiny, but• not limited to, rent, clothing, food, G utilities, telopi~o~ie, transportation and car, medical and dental, i~~aurance of any naluro, mortgage and otl-er loan payments, Laxea and oL•l~er regular peraot~al items of a~~y nature. 16. If you conL•ributa L•o anyone~s support or welfare, list (a) the name and address of lhoae whom you support, (b) their relationship to you, (c) amounL• and frequency of support paymenL•a, (d) w1~eL•lier voluntary or by Court order, (e) name and address of CourL• a~td every attorney involved. 17. If you are presently unemployed, either permanently or L•emporarily, alaL•e (a) commencement date, (b) reason therefor, (c) when you expect to return to employment, (d) name and address oP last employer, (e) amount of sick pay, workmen~s compensation awards, disability, unemployment or insurance benefits, (f) amount of any oL•lier judgme-iLa or aeL•tlementa resulting from any claim by you for injuries causing your unemployment. 10. State w1~aL• counsel fees and coats you have paid or have agreed L-o pay for services rendered in this action. 7 The undersigned verifies that the llnswers contained herein are true and correct, Tlie undersigned understands that false atalemenL•a herein are made auhject of the penalties of 18 Pa. Cons. Stat. Sec. 4904, relating to unsworn falsification to authorities. Dateds ~. CER'T'IFICATE OF SERVICE I tiEREDY CBR'1'IFY that a copy of• Interrogatories in the foreyoiny matter was servod by deposiL•ing same in ttre United States Mail, first class, postayo propaid from Carlisle, Pennsylvania on L•he Gt.'h day of March, 199G, addressed as follows: William C. Vohs, Esquire 11 West Pomfret SL•., ste. 2 Carlisle, Pa 17013 AL•torney for Plaintiff Frances H. Del Duca 10 West High St. Carlisle, PA 17013 717-249-1323 Supreme Court N06269 Dated: March 6, 1997 FRANCES H. DEL DUCA ATTORNCY AT LAW tcN wcet wm~etnccT CARLISLE, PENNSYLVANIA irma•eoee ~eie eoo~ ro ^+r~aea April 9, 1997 William C. Vohs, Gsq. Nanft 6 Vohs 11 W. Pomfret SL•., Ste. 2 Carlisle, PA 17013 Re; Miller v. Millar 9601899 Civil Term Dear Chuck: Thank you for the answers to L•lie inlerrogatoriea which we lied forwarded to you on March 6, 1997. We would appreciate your client advising us as to the amounts received from L•he inheritance and tort settlement which was requesL-ed aL• Paragraph 5. We appreciate that the lnt:eritance and tort settlement was poet-separation but we are entitled to know the amounts. -.. We do not feel your client answered Number 7 nor Number 9. Number 7 dealt wiL•li presenL• accou:tL•s and Number 9 with the cash surrender value of the life insurance. We appreciate your cooperation. Sincerely, Frances El. Uel Uuca FHD/a cc; Gayle Miller GXIIIHIT "H" rIIC1lA 1t i. ~r. IIANI'T WILLIAl1 Q. Vo11H (717) L•L U-rSn7U rnx 17171 tl •l0•U~t117 April 18, 1997 Frnnces Fi. Del Duca, Esquire Ten Went High Street Carlisle, PA 17013-2922 REt Miller v. Miller Dear Francees I am in receipt of your letter dated April 9, 1997. My client is not willing to disclose the inheritance or tort settlement amount at this time. Bhould you have any questions or need any additional information, please do not hesitate to contact me. Very truly yours, HANF & VOHS William C. Vohs WCVedln acs John Miller c.rtnmis/naavslnRllm An HANFT 8G VOHl9 A'fl'l l 11 NltYR AT I.A\V II I1~It N'I h11l11~11 ItT tiTll It It T. HIII TII L' (~A I1 I.IN I.It. IIA 1711111 EXIIIBIT IIC 11 ,. rr r`~ _ (, I` ~ ~~; r,. l;'. c•~ ,.. = rv. ; ~. I ~ i_ I„ 1... : 1, u ., 1. v r~ `~~ U JOHN R. MILLER, Plaintiff v. GAYLE R. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.96-1899 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL OF COUNSEL AND APPEARANCE OF COUNSEL T0: Lawerence Welker, Prothonotary Please note my withdrawal as counsel for John R. Mlller, Plaintiff in the above matter. Dated: lo(2~~k9 ~ (~ BY: William C. Vohs, Esquire 11 Wesl Pomfret Street Suite 2 Carlisle, Pennsylvania 17013 (717)249-5373 Klndly enter our appearance on behalf of John R. Miller, Plaintiff in the above matter. Dated; /~ f L~t I y ~ O'BRIEN, BARK AND SCHERER Michael A. Scherer, Esqulre 17 West South Street Carlisle, Pennsylvania 17103 (717) 249.6873 .IOHN R. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v N0. 96-1899 CIVIL TERM GAYLE R. MILLER, CIVIL ACTION-LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on November 3, 1997, I, Jennifer S. Calaman, secretary to Michael A. Scherer, Esquire, did serve a copy of the Praecipe For Withdrawal of Counsel and Appearance of Counsel, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Frances Del Duca, Esquire 10 West High Street Carlisle, Pennsylvania 17013 v ~~V e If S. Caiaman ~~ :1 ' ~ . ~., I11 ~-. ; .. ~ . ~ ,• ~ 1. ~ 1'.~:~ ~ I l_'. ~ ~ 1~ l ~ l. ~ IJ JOHN R. MILLER, Plaintiff v. GAYLE R. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 96-1899 CIVIL TERM OADER OF COURT AND NOW, this (,ST~day of December, 1997, upon agreement of counsel, the hearing previously scheduled in this matter for December 16, 1997, is CONTINUED GENERALLY. Michael A. Scherer, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff Frances Del Duca, Esq. Ten West High Street Carlisle, PA 17013 Attorney for Defendant src BY THE COURT, ., ~ JOHN R. MILLER, Plaintiff vs. GAYLE R. MILLER, Defendant IN THE COURT' OF COMMON PLEAS OF CUh1BERLAND COUNTY, PENNSYLVANIA N0. 96-1899 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT /~ AND NOW, this 3 V ~ day of I4 1 , 1999, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on April 29, 1999, the date set for a Master's hearing, the agreement and stipulation having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with ttie affidavits of consent of the parties so that a final decree in divorce can be entered. BY CO RT, CFA ~~ eorge E. o er, P.J. cc: Michael A. Scherer Attorney for Plaintiff Frances H. Del Duca Attorney for Defendant "~l~Cl~ IJ ~~aJI~T`J/t,/J_ ~T"~itL A~~1~ ( dU ~ 4yr, A • ~ JOHN R. MILLER, Plaintiff vs. GAYLE R. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 96-1899 CIVIL TERM CIVIL ACTION - LAW . IN DIVORCE THE MASTER: Today is Thursday, April 29, 1999. This is the date set for a Master's hearing to continue testimony in the Miller case. Present in the hearing room are the plaintiff, John R. Miller, and his counsel, Michael A. Scherer, and the defendant, Gayle R. Miller, and her counsel, Frances H. Del Duca. This action was commenced with the filing of a divorce complaint on April 9, 1996, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided today affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties. Therefore, the divorce will be able to be concluded under Section 3301(c) of the Domestic Relations Code. On April 29, 1996, wife filed a counterclaim and raised the economic issues of equitable distribution, alimony, alimony pendente late, counsel fees and expenses. Husband filed a petition raising the claim of equitable distribution on his own behalf by petition on December 31, 1996. P:•.'•.•:~ previously had a hearing on Thursday, October 29, 1998, to take testimony on Che issue of the date of -1- separation of the parties. Following the hearing, the Master stated his decision on the record, finding that the parties separated at the end of 5ebruary, or March of 1995. The parties and counsel have been negotiating today in an effort to reach a settlement of the remaining economic issues. The Master has been advised that- after negotiations the parties have reached an agreement. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will not be subject to any changes or modifications and will be considered the substantive agreement of the parties. The only corrections will be to typographical errors which may be made during the transcription. Counsel and the parties are going to return later today to review the draft of the agreement for typographical errors and make any corrections as required. After the agreement has been checked for typographical errors, the parties and counsel will sign the agreement by way of affirmation of the terms of the agreement which are being placed on the record at this time. When the parties leave the hearing room today, they will not be able to make any substantive changes to the terms of the agreement. After the Master has been provided with the signed copies of the agreement, he will prepare an order vacating his appointment and counsel will be able to file a praecipe transmitting the record upon the Master's vacation, requesting a final decree in divorce. Mr. Scherer. -2- (Whereupon, Mr. Scherer recited the following:) 1. Wife will become the sole owner of the marital residence which is located at 10 F Street, Carlisle, Pennsylvania. Husband shall convey his entire interest in this real estate to wife upon presentation of a deed from wife. Wife shall be solely responsible to pay any existing liens on the property and she shall indemnify and hold husband harmless for all such obligations. 2. Husband shall pay wife alimony in the amount of 540.00 per week through the Cumberland County Domestic Relations Office. Husband's obligation to pay alimony is modifiable in the event of changed circumstances of either party. Husband's obligation to pay alimony shall end in the event of the death of either party, or wife's remarriage or cohabitation. 3. Husband shall become the sole owner of the Monumental Life Insurance policy. 4. The parties shall become the sole owners of the tangible and intangible personal property presently in their respective possessions and control. Neither party may hereafter make a claim for any such tangible or intangible personal property in the possession of the other party. 5. Wife shall become the sole owner of the burial lots at Cumberland Valley Memorial Gardens, Carlisle, Pennsylvania. 6. Husband shall become the sole owner of the 1996 Honda Accord presently 1n his possession. 7. Wife will obtain health insurance through her employer by Mayy 7, 1999, and husband shall be permitted to discontinue health insurance coverage on wife through his employer on hlay 7, 1999. 8. Each party will pay their own counsel fees and expenses. MRS. MILLER: I don't think that's fair. MR. SCHERER: The last pa ragr.aph that I was going to put in was this standard language from 1dr. Flicker. -3- And Chat is: Except as herein otherwise provided, each party may dispose of his or her property i.n 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 ayainst 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. 'fHE MASTER: If you want to go on the record with your client. BY MR. SCHERER: Q. Will you please state your name, John? A. John R. Miller. Q. And have you been present for the agreement that I have just dictated? A. Yes. Q. Have you heard the entire agreement? A. Yes. Q. po you undersL•and the agreement? A. Yes. Q. Is it your desire to enter into that agreement that I have dictated? A. Yes. Q. Do you enter into the agreement voluntarily and of your own free will? A. Yes. -~- MR. SCHERER: Thank you. THE MASTER: Mrs. Del Duca. BY MS. DEL DUCA: Q. Would you state your name, please? A. Gayle R. Miller. Q. I need to ask you about the comment you made that it was not fair that each party was to pay their own counsel fees. Was that simply a comment expressing your feelings, or is that a request that you have a hearing as to whether both of you should be paying your counsel fees? A. That was just my feelings. Q. So you have heard the agreement as it was just stated, and are you in agreement with the disposition of the marital assets as stated? A. Yes. THE MASTER: Do you understand the agreement? MRS. MILLER: Not really. Not all of it. THE MASTER: What don't you understand? MRS. MILLER: I don't understand what he read. THE MASTER: That may be something that we should explain to you. Let's go off the record and let Mrs. Del Duca explain that paragraph to you and then we'll go back on the record. (Discussion off the record.) THE MASTER: Mrs. Miller, has Mrs. Del Duca explained the last paragraph to you to your satisfaction? MRS. MILLER: Yes. THE MASTER: All right. Do you agree with -5- everything then? MRS. MILLER: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as sot forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law in particular Section 3105 of the Domestic Relations Code. WITNESS: Ffic~ia~~~~c erer Attorney for Plaintiff DATE: y•z9. yg ~ ~-~ o n iI err __ ~g'raPi"ces a uca ~!- aye i er Attorney for Defendant -6- I)I THE COURT OF COD?SON PLEAS OF CL^IDERLAND COWTY, PE.`1;iSYI.VANIA JOHN R. MILLER Plaintiff vs. f;AYT.F. R_ MTT.T.RR~ . ND. 96-iBna CTVTi. TRRM 19 KOTION FOR APPOINT:LF`!T OF MASTER .Tnhn R. Millar (Plaintiff) `roe-=e~.~, moves the court Ca appoint a master with respect to the Following claims: ( X) Divorce (X ) DistribuCion of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Faes [ 1 Alimanv Pendants Lire ( ) Costs and Exoansas and in support of the motion states: (1) Discovery is complete as co the claims(s) For ~ahich the appointment of a mast er is requested. (2) The defendant (has) Ehaa--aat~- appeared in the action l'parsoaa113c1. (by his attorney, Fra nraB H. r)ai rn, a ,Esquire). (3) The staturory groundEs-) Eor divorce (is) {-ere} irrahriava M a hra akdn wn (4) Delata the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: Non e (c) Tha action is contested with respect *_o the following C181ID9: Fm~i FaMa Ma h.ri hn h{nn (5) Tha action (~avotyea)- (does aoc involve) complex: issues of law or fact. (6) The hearing is excpeccad to take '~ ~~-)- (days) . (7) Additional information, if any. relevant to the motion: Data: 12/19/96 ORDER APPOINTING MASTER ./ AND NOW ` ` J~ ' ~ ,19`(7 , - L ~~ 1 ~~ ~ ( is appointed m~atar with respect to eha Following claims: - By t e Court: ~ "LCsy (~ /l/ ,J. F1l.GD-0Ffl~ E FLi~i~:i i G`'~'~\l1 7; l ? I ! r C. a ~;.• L `. ~.~ . -1 ~:J , S ' ~/1 c~ ~:. ~ CL~~~ L; ~. ilJl r: `,~ :.cl tl. fi ~U J U. ( JOHN R. MILLER :: :. V. :: :: GAYLE R. MILLER :: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 96-1899 CIVIL TERM IN DIVORCE DEFENDANT'S PRE-TRIAL BTATEMENT Date of Marriage - 2/11/67 Date of Separatior. - 9/1/95 Dated of Birth - 6/23/44 Children - Tina, Vickie, Steven Wife was a homemaker during the marriage and was not employed outside the home other than weekend work occasionally. Wife has health problems, high blood pressure, cholesterol and a herniated disk. She is monitored by physicians at Masland Associates. Her medication costs about $180. a month. Wife does not have a driver's license nor a vehicle. She must rely on family and friends for transportation. Wife has been working at the Giant Food Market, earning about $5.30 an hour. During the marriage Wife inherited about $32,000 from her mother and uncle. This was used to purchase the marital residence, to make repairs to upgrade it, to pay for their daughter's tuition, husband's vehicle, etc. Husband received a substantial inheritance and tort settlement. Wife requests the residence be awarded to her, that she receive alimony and that Husband pay her counsel fees and costa. _ ~_ ~ ! i , ~_ _, Frances H. Del Duca Attorney for Gayle R. Miller JOHN R. MILLER •• v. ~~ GAYLE R. MILLER •• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 96-1899 CIVIL TERM IN DIVORCE DEFENDANT~B INVENTORY AND APPRAIBEMENT Date of Marriage - 2/11/67 Date of Separation - 9/ /95 A. MARITAL Residence - 10 "F" Street (J) Appraised value $ 81,000.00 Carlisle, PA PNC Mortgage Corp. of America #350674 Balance as of 1/3/97 25,886.70 monthly payment - $327.29 Invest Net IRA Acct. #64919087 (H) As of 7/17/94 20,621.00 G.C. Bloser, Inc. Monumental Life ins.-cash balance (H) as of 11/27/94 11,394.00 Loan 10/23/95 of $7,000 1996 Honda Accord (H) 20,000.00 Household furnishings ? B. NON-MARITAL Husband's inheritance - 1995 30,000.00 '. Huaband~s tort settlement 100,000.00 7 JOHN R. MILLER :: :: v. :: .: GAYLE R. MILLER :: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 96-1899 CIVIL TERM IN DIVORCE DEFENDANT~B INCOME t EXPENSES INCOME EMPLOYMENT Work income - Giant November 16, 1996 thru January 4, 1997 Pay stubs attached Net pay average for 8 weeks - $ 133.55 Rent - from daughter $ 240. Per month Expenses Mortgage $ 327.29 Maintenance 50.00 Utilities 277.26 Doctor 50.00 Special 170.00 Medicine 180.00 Food 200.00 Credit payments 70.00 Legal fees 50.00 Transportation 50.00 $1429.55 I verify that the atatementa made in this affidavit are true and correct. I understand that false statements herein are made aub~ect to the penalties of 10 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: ~-+~' `~~ ,1 (~~~(`'' ~~"~1 ,;L/~'l_.(.f'-'C •r I r~.o r.,,l Ir.+r,r q_ 0 184380558 _~.1111~(IRIP„rl. I'In ~ II 1'/Vr i Itilr .111'1 I 696 11/ . . 22/96 .. .. PT 0.112 ,~j ,f, ,,, ~ ,,.I Y r(, REGULAR PAY 26.251 139.13 SUN STRAIGHT 6.00; 31.81 SUN PREM 1.0 6.00 6.00 HOL STRAIGHT .00~ .VO ': HOL PREM 1.0 00 .00 I ~ TOTAL PAY -- - 32.25 176.94 ,, ~, .-"'-"----' dpi4ii.t"Ii+NC~-'= _`~ TT'-56flxCL'C~~TD~ IIIILLER, GAYLE R 184-38-0558 i,t f -JAjgi ~Ai~~(AIV:HI{lt Col iiif,: lu Al L` y(MI IN~JIY- 1 -"L~GI I I -I,Llil 1,835,27 F1CA-OASDI 10.97' 138.' I 308.77 FEDERAL 18.971 229.1 54.25 I~1CA-H1 2.571 32. 26.50 STATE PA 4.9 62.: 5.00 PA UNEMI'LOYt~ 051 . 2,233.79 CARLISLE B 1.77j 22.:• OCC. WAGE TA .00, 10.1 NET PAY ~ 137.G6; 1,738,; r•., , l,;r r. __... _.. _,IIr ~.V X11 ,if,l( ---1 ___I -_Y1M1,]\i~ll~~ - -- r-.nltln,a,vr, ~ In^Ilrr I 01843805511 IAA I,li~,rl ~ MILLER GAYLE R ,li,: II,IIL, .EAU, All, n ~ ,All. , „~ , l I - 184 38-05: ~ullU~,r I ~]~ 3/., 6 ,I L^,.!'ii.F ~.LI _~'. I/_29/sJ6. I'T U1,12 ~ .lr" li w : 1' _OQO~~1~~ y~tf ,~.OU ~ - A 0 0 F:' 'r, ~ ~ . ~ ..~L:L. L3 t. . . 1•LL~:i~ (• . Q.^~l .c..AJai ':F.I r' T~ REGULAR PAY 31.50, 166.9 2,002.23 ~FICA-OASDI 12.31 150 SUN STRAIGH S.Oq 26,51 335.28 FEDERAL 22.2 . 251 SUN PREM 1. 5.00( 5.0 63.25; F1CA-HI 2.8 . 35 HOL STRAIGH .Oq 00 1 26,50 STATE PA 5.5 . 68 HOL PREM 1. ,00 00 5.00 PA UNEMPLOY .0 . TOTAL PAY 36.5q 198.47 2,432.26 CARLISLE 1.9 2q, OCC. WAGE T q 0q 10. __ ^ _-- _ I NET PAY I 153.46 --_- 1 , 891.' Cn li vii r. [, IS - ...-1~nz'tSr~t riaLr ._:..---~----..._ - - ~¢rtrmRrv~n- ..0.1843a05513_~iLLER GAYLE Rr 184-38-0558 'I ~`[lU06Lli~fitr"l"~~~i~All Idrl I sfa^II 1 alym I nl 11}IIrIiA, •. n1U9~•,d, Od'ljl e(~EIAII~3 II _ . _ _ II .- r ~,~I,t I 1 t,..~~ I ~ REGULAR PAY SUN STRAIGII~ SUN PREM 1.l HOL STRAIGHT HOL PREM 1.( TOTAL PAY 27.7 5.5 5,5 .0 .0 33.2 147.10 2,149.33 FICA-DASD[ 11.271 162,0' 29.15 364,43 FEDERAL 19,69 270,91 5.50 68.75 FICA-HI 2.631 37.91 .00 26.50 STATE PA 5.09 73.11 .00 5.00 PA UNEMPLOYM 051 ,71 181,75 2,614,01 CARLISLE 1.82 26.1 UNIT[D FUND 1.00 1.0 OCC. WAGE TA 00~ 10.O1 INET PAY 140.201 2,031.95 i L • ~ nl-, ~. ~.~ L;urlll.. ~ . _.__' __ _. ~_' lA1Pl1 Y~11'IIAAII,_. l--ate.- _~. ._..-~A ~~ 01843F30558 A ~L E R MILLER , G 184=38-055 In ern ~nlna•, ~ - ,.,,. I . , ,,I I ,,I I m! tnr[.,riu~nulis ~ ~ ~l QZ/`~6 J~,/-1 i 3/IJ,G.,._Pi .UII 4~~~~:OQ 000 O,p.0 1~,~,,,~ I lTr•' ~^!!Q ' I ~ ~~r'~ „ .! 1 I.l. .i M . . ~.. A . /ll .. L. ~ 4 Ll. ~ REGULAR PAYI 32,75 173.5 2,322.92 F1CA-OASDI 14.11 176, SUNDAY TIMEI 1.00 8.0 8.04 FEDERAL 28.5 297.! SUN STRAIGH 7.25 38.4 402.86 FICA-HI 3.3 41.; SUN PREM 1. 7,25 7.2, 76.00 STATE PA 6.3 ~ 79.! HOL STRAIGHI~ .OQ OQ 26.50 PA UNLMPLOY .0 .' HOL PREM 1. .00 : 0 5.00 CARLISLE 2.2~ 28.~ OTHER EARNi .00 .37 .37 UNITED FUND 1.0 2.1 TOTAL PAY 41.00 227.6 2,841,69 OCC. WAGE T ,0 10, 1 NET PAY 173.9 2,205.! _r, ..._ - ---.. `Y ~f1AW.'>•. lir/~1.11 _. ___.__.._.._-r_.v. W .•n~W1. ,J- .n 4sV,jrYJVAY s tl I.-.. ..... ___•.~ -' (711 L111''1 II Ar~,_. .. _ ._. .` '' ~ "' jt""1'111 _ 184-38-055E 0184380558 MILLERI GAYLE R :eldrl~ti,'-:1 alau nn, __nAi1n1,1 ,Aw AluTlli U1CT ~II'ii lj, lilli ild'" ( .... LA^ Lnil i~ ~"Lt n IIU A ~a•~ I~ ~/y20/9G.,T~' T .::-~~0.J 1 ~;.9_.AD,?- r:~~ ; p.pQQ;`x . •~ ..., ...A.1LlA REGULAR PAY 22.00 116.00 2,438.04 FEDERALSDI 15.83 383., SUNDAY TIME .00 2,27 43.( SUN STRAIGHT 6.25 33.13 435,99 FICA-Hi 4 37 gg 1 SUN PREM 1.0 6.25 6,00 26.50 PAAUNEMPLOYM .05 •' HOL STRAIGHT •00 00 5.00 CARLISLE 1.56 29•' HOL PREM 1.0 •00 00 .37 UNITED FUND 1.00 3• ' OTHER EARNIN .00 ,00 10. TOTAL PAY 28.25 155.99 2,997.68 ~ET•PAYGE TA 121.23 2,327, ~~,~ ..+«~.:.rrrr. ~I~ykts T4:'>fJuM.. Y1/.~-aWw•.rY . API r ~ 1 __. - ~ ~ .I W~I UwLi. ilii.LTL -- °- -'-~- -- 1- I . ~ GI~.YLE R 184 38 055 01843.8055 MILLER, ,, ,, 11 __ .._ _I 111,A,L In 1111 liu ro ~j11'li iI~BIP `((nTQ:Tii tl, lUi dUl I (IIK,(r l rlu~ifp, r^,2/21/961 ,2127/96' PT•I 10112 GGG 11`R 0 .4I,TA _ .. { REGULAR PAY 22.2 117.9 2,557.47 FICA-DASDI 9.7 195• ,p 8.04 FEDERAL 16.0 329. SUNDAY TIME .0 2.2 45• • SUN STRAIGH- 6.2 33'1 48E91,50 STATEHPA 4.4 88. ". SUN PREM 1. 6.2 6.2 ,0 , HOL STRAIGH. :0~ .0 28,50 PA UNEMPLOY 31 HOL PREM 1. 0 .0 5.00 CARLISLE 1.5 4 OTHER EARNI .0 .0 .37 UNITED FUND 1.0 10. TOTAL PAY 28.5 157.3 3,155.00 NET PAYGE T 122.2 2,449. ~...: ,,d:~..t..~~,~:1.:.. ,•, ....kit r'" l4i tifi[Ytt1bC6. I"~"_~ ~ :.~_..~... _...~... _ _. . u~~tTAECEG~fVT3' '" , t8A 055 !LL R_ GA t 184-38-tl51. i'liI'ini~bLl~ _. -'U,{lii"n.~`.- srqu .° ! ~ (I"~+T u•, ~-- ~=-- r-4 l-~• , 12/28/98 OI/03/gg~~ ~) 0119 000 a 5-00 .000 i>t._ I 31~ ~ '~~~ ~ ~~@SS17~_f'[,]ZQ~S @IAalYX11.4~ge.,, ,w~-.I wr.~.. ..... wcl-r r. iSr.Y Y: '.I ... .,... 1 t 1 ~) ~'~ li.lrlb r,l hide ~(j`~-- '~ _ _ 0 X893805.58_ Mi ,I ~fi~l~l l~foi,~~ ~ i,~ii f.r '~ : i I ~ Rinl ~ 8U•t. ~~ REGULAR PAY ` SUN STRAIGH ~~ SUN PREM 1. TOTAL PAY REGULAR PAY SUN STRAIGFI SUN PREM 1. HOL STRAIGH HOL PREM 1. TOTAL PAY 18:b0 95.4 '4.2 22.5 .4.25 4,2 22:2 5 122.1 21.0 111.3 4.7 25.1 4.7 4.7 4.0 21.2 4.0 4.0 29.7 166.4 ` ;4 FICA-OASDI 7.5 7. FEDERAL 10.6 10. '-. ~ F1CA-HI 1.7 1. '," ~ 2h2,y . STATE PA 3.4 3. • t • ~ ~^~ ? CARLISLE 1 .2 1 . , . ~~~: ~,' rt'. •. UNITED FUND 1.0 1. b' NET PAY 96. 96.5 , 1 1 ~~~~Zll l~ .._ ._ _.. _ J II I.ER, G ~~ ~ ~,~ 184-38-OF _ yu,.j Nl d U9 •Jlf l 1 . fC~ 41 206,7 FICA-DASD! 47.701 FEDERAL 9.0 FICA-H1 21.2 STATE PA 4.0 CARLISLE 288.61 UNITED FUND NET PAY 1=UUp STOIlE3, INC. ulAl)I I unlt !.l nlll-.S I IAAIII II I'ti I'UIIU IdAIIKLIO 10.3 1 17 17.3 . 28 2.4 1 4 4.6 8 1.6 2 129.O V 225. A GIANT WELCOME TO ALL NEW ASSOCIATES) , ~.Ir.nr.nnl.n ~ ~oanur~,au..nrnucnnrlc inancuAmnu:Inmrnnramlu~cunn~.. ...'-. _. .-- ° o ~ 1-~ ~ Q O ~ ~ ~ryuu C l ~ ~ ~ a ~ 4 ~ 4 WO ~ui `~ ~ a a h ~ °~ N F ~`i C ~ ~ ~ [ / O l 1a F w w Z ~ a Q ~ Y .~ ' 4 t'~ L7 ~ h H C7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. MILLER, Plaintiff V. GAYLE R. MILLER, Defendant CIVIL ACTION - LAW NO. 96-1899 CIVIL TERM IN DIVORCE AND NOW, this 27th day of January, 1997, comes the Plnintiff, John R. Miller, by and through his attorneys, Hanft & Vohs, and files hie Pre-Trial Statement, and in support thereof states ae follower I. BACKGROUND The parties were married on February 12, 1968, in Westminster, Maryland. The Parties separated in September, 1994, and have been living separate and apart since that time. On April 9, 1996, Husband filed a Divorce Complaint and served Wife by Attorney Acceptance. On or about March 20, 1996, Wife filed a complaint for spousal support. On April 17, 1996, Wife's request was granted in the amount of $173.33 per month. On or about April 24, 1996, Wife filed a counterclaim for equitable distribution, counsel fees and coats. On or about December 31, 1996, Husband filed a Petition for Equitable Distribution. r. wiw.~Im W x+nlaNUn~ M II. PRSSBNT INFORMATION 1. ABSETSs A. Real Propertys 10 F Street, Carlisle, Pennsylvania, with an appraisal value of $81,000.00 from Douglas Heineman. Husband disagrees with this appraisal and therefore, will have Bteven W. Barrett perform an appraisal. Bs Personal Property, excluding money accounts, retirement funds, and business venturers A list of personal property is attached to this Pre-Trial 6tatement and marked ae Exhibit "A". Husband proposes that the Court establish a value for all personal property and that Husband and Wife divide all property equally. C. Money accounts, Retirement Funds, Business Ventures 1. Money Accounts--IRA worth $20,000.00, of which Wife received $10,000.00. 2. Retirement Funds--none. 3. Business Ventures--none. 4. Insurance Proceeds--$7,000.00 of which Wife received $4,000.00. 5. Savings Account--Mellon Bank worth $2,000.00 of which Wife received entire $2,000.00. 2. EXPERTSs Husband does not anticipate calling any experts. However, if there is any question as to the value of marital property or Husband's personal property, Husband reserves the right to call nn appraiser. Husband reserves the right to supplement the list of expert witnesses as appropriate. 3. WITNESSESs Husband would expect calling Husband and Wife. Husband reserves the right to supplement hie list of witnesses if necessnry. 4. EXHIBITSt Husband anticipates offering the following exhibits at the hearings Husband's Income/Expense Statement. Income and Expense Statement is attached to this Pre-Trial Statement. Husband reserves the right to supplement this list if necessary. 5. INCOME INFORMATIONS Husband is employed by Veterans of Foreign Wars (V.F.W.) As a bartender. Please see attached Income and Expense Statement. Wife is currently employed by Giant Foods, Inc. 6. EXPENSE INFORMATIONt Please see attached income/Expense Statement. 7. COUNSEL FEESs It is Husband's position that each side would have sufficient funds to pay for their own attorney fees and thus neither party should be entitled to an award of counsel fees. C'IelOOtltl W LLT.YIAMLT. ~ M 8. ITEMS IN DISPUTES All marital property and the division thereof. 9. MARITAL DEHTSs The parties have no marital debt. 10. PROPOSED RESOLUTIONS Husband proposes that all marital property be valued and divided equally between the parties. Respectfully submitted, HANFT & PI1111OJ11 V • YYa.o, YYyYasY Attorney ID No. 65208 11 W. Pomfret Street, Suite 2 Carlisle, PA 17013 (717) 249-5373 c w.lmarlmrnrsuv~u~nr Ivr l_RATIPICATB OF SBRVICS AND NOW, this o~~ }~~'day of , 1997, I, William C. Vohs, Esquire, hereby certify that i have this day filod the originnl with the Divorce Master and served the following person with a copy of the foregoing document by depositing same, by the United States Mail, First Class, Postage Prepaid, addressed ae followsc Frances H. Del Duca, Esquire 10 West High Street Carlisle, PA 17013 HANFT 6 VOHS William C. Vohs, Esquire Attorney ID No. 65208 11 W. Pomfret Street, Suite 2 Carlisle, PA 17013 (717) 249-5373 C V i1~OQLIN1.tY~lYLi /M11Y. M SSHIBIT "A" ~:;_ , rIST OF PBASONAL PROPBRTY POR JOHN R NILI,BR Sectional Sofa 1992 $3,000.00 $ 400.00 W TV-Living Room 1995 $ 700.00 $ 300.00 W 3 TVS 1993-94 $ 650.00 $ 200.00 W Dining Room Set 1991 $ 200.00 $ 200.00 W or more Bedroom Set 1991 $2,500.00 $1,000.00 W 3 Air Conditioners 1992-93 $ 500.00 $ 200.00 W Doll Collection 1990-95 $2,000.00 $2,000.00 W Kitchen Set 1991 $ 400.00 $ 100.00 ~ Refrigerator 1994 $1,200.00 $ 200.00 I~ Stove 1989 $1,000.00 $ 200.00 ~ Dishwasher 1990 $ 400.00 $ 100.00 V~ Outside furn. 1993 $ 450.00 $ 100.00 Y~ ,, r1. . •,~. INCOME AND EXPENSE STATEMENT OF J r, h n l2 vvt, t I Gr~ SSN~~_•~-Y-• ~~1~~ DRN GATE THIS STATEMENT MUST BE FILLED OUT (II you aro sell.employod or II you aro salaried by a buslnosa of which you are owner in wholo or In part, you must also 1111 out the Supplomentel Income Statement which appears on Iho last pogo of this Income and Exponse Statomant.) . INCOME (a) wagee/salary v F ui Post ~ Employer 8 Address JobTltle/Description ~rj~-„~ cry Pay Period (weekly, bl•we I.t/c c /C/ ekly, monthl dross Pay per Pay Period y .............m~.tr .:.r...Q.(CJ................. Payroll Deductions; ", ~ ~~ Federal Wlthhoiding ... ...............$~( • Soalal Security $ ~•D • 0.~ ............ Local Wage Tax ........... ............... . ...............$ x-•4-7 . a ~L• State Income Tax ........ ...............$ q, ~ Retirement ................... ...............$ Health Insurance ......... ...............$ " '' - ~q Other speclly) ............ ...............$ r .......... ...............$ S. /L. Net Pay per Pay (b) Other Income (nlereatlDlvidenda ......................$ PensionlAnnulty .........................$ Social Security ...........................3 Week RenlslRoyaltlos ..........................5 Expense Account .......................$ Gills .............................................$ Unemployment Compensation .$ Workmen's Compensation ........$ Total, Olhor Income .......................$ ~,ps Month INCOME AND ExPENSE STATEMENT OF I verily that the stalamonls mado In tide Incomo and EKpanao Slato• moot oro Irua and corrocl. I undcraland that lalsa atatamanta heroin aro mado auhlocl to Iho penalties of 10 Pa.C.S. Ct104 rotating to unswom lalslllcallon to aunmrlllos. Oale: _ __ I'lalnllll or Uclondnnl $ Year $ $ a $ nrso linos J71~ ,r', EXPENSES Homo MorigapolRonl ........................................ Melntenanca ........................................... Utllitlos (lolephono, heating eloctric, etc.) ........................................ Employment (Iraneporletlon, lunches) ............................................... Taxes Roal Eatato .............................................. Porsonal Proparly ................................... Incomo ..................................................... Insurance Homeownora ........................................... Automobile .............................................. LIIe/AccidentlHeallh .............................. Other ........................................................ Automobile (payments, lust repairs) ...................... ~.a4...ul~as.~1.. Medical Doctor, Dentlat, Orthodontist ................ Hospital ................................................... Special (glasses, braces, etc.) ............... Education Private, Parochial School ....................... College ..................................................... Personal Clothing ................................................... Food ....................................................... Other (household supplies, barber, eta.) .......................................... Credit payments and loans .................... Miscellaneous Household holplchlid care ..................... Entertainment (Inc. papers, books, vacation, pay TV, etc.) ............ GlftslCharitable contributions .............. Legal Feos .............................................. Other child supportlalimony payments ............................................. Olhor (spoclly) ............................................... Housoltold Child Household Child Waok Wook Month Month $ $ $ $ - $ .~.a ~n rn n. $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ;o.oo my $ $ $ $ $ $ $ $~~in mo. $ $ $ $.~~a M19~ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $' $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ s $ $ $ $ $ $ $ a $ $ $ $ $ s $ $ $ $ a~.~-116. $ ~ o. ~~ ~*~ $ $ $ $ Total Expansos ............................................. $ $ $ $ $ $ $ $ $ ,~~ • 1 . ~; PROPERTY OWNED Chocking Accounts ........ Savings Accounts ........... ........... Credit Union .................... StockslBonda Real Ealete ...................... Other ................................ Total, Property ..................... INSURANCE Hoepilal ..........................._ Medical ..........................._ . HeallhlAccidont .............._ Disability Income .,,,........_ Other (dental, etc,) ,........._ ('H • Husband, W • Wife, J Joint, C • Child) Ownoralrip• Value H W J ~ --- - S 3 - S a S S a s 3 S 3 3_ Policy No. Coverage' H W C SUPPLEMENTAL INCOME STATEMENT A, This form must be filled out by a parson who (check one): (1) operates a business or practices a prolesslon; or (2) Is a member of a partnership or Joint venture; or (3) Is a shareholder In and Is salaried by a closed corporation or similar entity. B, Attach to this statement a copy of the lollowing documents relating to the business, prolesslon, partnership, Joint venture, corporation or similar entity. (1) the most recent Federal Income Tax Return, and (2) the most recent Prolll and Loss Statement. C, Name and Address of business: Telephone Number 0, Name and Address (il diflerent then C) of accountant, controller or other person in charge of financial records: E. (t) Annual Income from buslnoss ............................................................................................. (2) How ollon Is income rocelvad? ............................................................................................ (3) Gross Income per pay porlod ............................................................................................... (A) Nol income per pay porlod ................................................................................................... (5) Specific deductions II any .................................................................................................... Ooscriptlan Company JOHN R. MILLER :: IN THE COURT OF CObII4ON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA y, .. NO. 96-1899 CIVIL TERM fiAYLE R. MILLER DEFENDANT'S BRIEF ON ISSUE OF DATE OF SEPARATION FACTS 1. On August 30, 1995, John R. Miller was injured in a motorcycle accident in which his father died. 2. John R. Miller, following the accident, was treated for his injuries in a hospital and did not return to the marital residence on his discharge. 3. Beginning Labor Day 1994, Gayle R. Miller was aware that her husband, John, was seeing a woman by the name of Gloria. 4. At the time of his accident on August 30, 1995, John R. Miller, was living at the marital residence. 5. Prior to the accident on August 30, 1995, John R. Miller: a) spent week nights at the marital residence; b) kept his clothes and shoes in the closet in the marital bedrooms c) took his wife, Gayle, to doctor's appointments, shopping, bank, etc.t d) conducted his nut route business from the residence; e) received his mail at the residences f) signed 1996 Federal income tax forms as married on February 10, 1996] q) kept his van and motorcycle at the marital residences h) had a joint checking account with his wife, Gayle, in which he made deposits an on which she wrote numerous checks until it was closed on April 9, 1996. ISSUE WHEN DID THE PARTIES SEPARATE? In the case of Wellner v. Wellner, 699 A2d 1278 (Pa Super 1997), separation did not occur until wife affirmatively indicated an intention to live "separate and apart". The parties had been living in separate residences over a thirteen year period. They spent one night a week and weekends together, vacationed together and held themselves out to be husband and wife. It was only when the husband came to visit his wife and she handed him his clothes and told him not to return that separation occurred. After that, there was only minimal contact between them. While the parties had separated on an earlier occasion, there was no intent to dissolve the marital union, apart from physical separation, until wife handed him his clothes and told him not to return. in the case of Schmidt v. Krug, 425 Pa Super 136 (1993), 624 A2d 183, the trial court determined the date of separation was when wife handed husband papers for a separation. The court found that the parties up until that time had engaged in activities that they had engaged in during the marriage. The parties, until then, continued using the joint checking account. Husband also had assisted wife in selecting and negotiating the purchase of a property and improving it. The Superior Court upheld the trial court's finding on the date of separation. The court cited the Flynn v Flvnn, 341 Pa Super 76, 491 A2d 156 (1985) case. These cases, Wollner v. Wollner, supra and Schmidt v. Krug, supra follow the holding in the Sinha v. Sinha decision, 515 Pa lA (1987), 526 A2d 765. In that case, the parties did not begin to live separate and apart for purposes of the divorce statute until husband communicated his intent to dissolve the marital relationship to his wife in India. John Miller was seeing another woman during 1999 and 1995, but he did not advise his wife that he intended to end the marital relationship. He did so following the accident on August 30, 1995, when after being discharged from the hospital he did not return to the marital residence. Respectfully submitted, /l ~7 Dated: ~G~ - ~'C~ `I J /~_~,~'."~ i.. ~i'(' t%!«.e - ~ Attorney for Defendant ~~ h ~ < U ~ P4 ~ f J 0] ~ d ^ ~ S m U Q JOHN R. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96 -1899 CIVIL TERM GAYLE R. MILLER, IN DIVORCE Defendant . BRIEF OF JOHN R. MILLER ON THE ISSUE OF THE PARTIES' DATE OF SEPARATION I. FACTS Two hearings were held before the Divorce Master on the date of separation of the parties in this case. At the initial hearing, the plaintiff called Paul W. Frick as witness. Mr. Frick testified that on Labor Day, 1994, Gayle Miller (hereafter "wife') teamed that John Miller (hereafter "husband") was having an affair with another woman. Frick testified that it was al this time that husband began to reside in the basement portion of the marital residence, and not in the main residence as he had previously. Frick testified that husband had a bed in the basement, and he would stay there a couple limes per week, and on the other nights he would stay at his girlfriend Gloria's house. Husband told Frick that the reason he stayed in the basement of the marital residence some nights during the week rather than at Gloria's house was because wife was afraid to stay alone. Frick also testified that on Thanksgiving, 1994, husband brought Gloria to dinner and ate dinner with Frick and Frick's wife at the Legion. Frick testified that he was "sure" husband was living with Gloria at that time. Furthermore, Frick testified that the ~, four of them (the Fricks, husband and Gloria) went "a lot of places together" after husband began to date Gloria. Frick also testified that wife complained to Frick about Gloria when husband was in the hospital after the motorcycle accident. The cross-examination of Frick did not raise any doubt regarding the veracity of his testimony, and as such, the testimony must be accepted as credible evidence regarding the date of separation. Husband testified that he began to date Gloria Gilbert in the Summer of 1994, and that wife learned of this relationship during the Labor Day weekend in 1994. Husband specifically recalls a cookout held at the marital residence, during which wife received a phone call alerting her to husband's relationship with Gloria. Husband testified that when he returned home from work later that day, he went to the basement, where he resided from that day forward. From Labor Day 1994 forward, husband did not have meals with wife, did not go out with wife, nor did they go out socially. Their only trip outside the marital residence may have been to wife's doctor appointment. Sexual relations with wife ceased prior to Labor Day, 1994, end husband held himself out as separated from wife es of Labor Day, 1994. Friends of husband also commented to husband that the word around town was that husband was separated. Husband's close friends knew of the separation and that husband resided in the basement of the marital residence. Husband resided in the basement part of the week and resided with Giorfa the remainder of the week from Labor Day, 1994 until approximately November, 1994, at which point husband began to reside with Gloria all of the time. Husband specifically remembers wife Invited him to the marital residence on Christmas, 1994, but he declined the Invitation. Husband also testified that he spent Thanksgiving, 1994 with Frick and his wife, end that a group of husband's friends spent New Years' Eve, 1994 in Chambersburg, and Gloria, not wife, was his companion that evening. After husband departed from the marital residence, he continued to pay all of the bills and give wife money for her support until the motorcycle accident on August 31, 1995. Oncross-examination, husband agreed that for a time, his clothes remained in the marital bedroom while husband lived in the basement, but eventually wife moved all of husband's clothes Into the basement with him. Husband agreed that he left his motorcycle at the marital residence after he departed, and that to this day, some of his clothes remain there. Husband was also presented with s number of documents on cross-examination, which documents listed the marital residence as husband's address. Husband explained, during direct examination and prior to being confronted with the documents on cross-examination, that he continued to pay all of the bills at the marital residence until the motorcycle accident, and as such, he didn't notify the various people with whom he transacted business regarding his new address. Husband initially picked the mall up at the marital residence and after the motorcycle accident, wife sent the mall to husband at Gloria's home. Husband changed his address et the post office at some point, although he does not recall the date. ~.1,. It is noted that wife's counsel alluded to an allegation that husband represented to an Insurance company that he resided at the marital residence on the date of the accident, but no proof of that fact was admitted as evidence. Counsel did not have any Insurance form admitted as an exhibit for husband's review. Husband indicated that he was given some forms by his attorney to have his daughters sign, and Walther he nor his daughters knew what the farms said. Husband acted on the advice of his attorney to apparently have his daughters sign these unknown Insurance forms. Wife also testified regarding the date of separation, and undersigned counsel's notes Indicate as follows. Wife testified that husband never came home after the motorcycle accident, and that event triggered the separation. She also verified husband's account that she became aware of the affair during the Labor Day weekend, 1994, but incredibly, she continued to have sex with husband up to the days Immediately preceding the accident. Wife's account of the parties' sex life together was that the parties were quite active sexually, while on the other hand, wife indicated that her health is extremely poor, and her poor health led to them discontinuing their social relationship (n 1988 or 1989. Prior to 1988, the parties had gone out together at the clubs. Finally, wife admitted she filed for spousal support and verified her signature was on a petition far spousal support which was filed by her in the Domestic Relations Office. Wife had no explanation whatsoever for the reason that the petition for support which she filed indicated that the date of the parties separation was March, 1995. II. LAW The Divorce Code defines "separate and apart" as follows: "Complete cessation of any and all cohabitation, whether living in the same residence or not." 23 Pa.C.S.A. section 3103. In Thomas v. Thomas, 335 Pa.Super. 41, 483 A.2d 945 (1984), the Superior Court commented al length on this definition. The o as court held that "cohabitation" means "the mutual assumption of those rights and duties attendant to the relationship of husband and wife." The Superior Court pointed out in the o as case that Instances of sexual relations during a separation period to not, without more, defeat a claim that the parties have Ilved separate and apart for purposes of (section 3301 ]. The o as court went on to note that the phase "separate and apart" becomes the existence of separate lives not separate roofs, and that a common residence is not a bar to showing that the parties live separate and apart. Since every marriage (s different, there are no spec(fic criteria that can be applied to any g(ven marriage to determine if and when a separation occurred. In some marriages, spouses are pract(cally Joined at the hip, and In such cases, it is easy to detemt(ne when a separation occurs, In other marriages, spouses may spend little lime together and may even live in different homes. Because of the different nature of all marriages, the general rule cited in the Thomas case must be applied to determine when the parties began to have separate Yves. This analysis must obviously be undertaken with a view towards identifying the conduct of the parties In their marriage during the time the marriage was "good," and comparing that conduct with the changed behavior of the parties when the parties both agree that the marriage has taken a turn for the worse. In this way, the date of separation can be identifled regardless of the nature of any particular marriage, See Schmidt v. Krua, 624 A2d 183 (Pa.Super. 1993), where the Superior Court affirmed the trial court's decision regarding the date separation. In Schmidt, the trial court determined the date of separation was a particular date based upon a finding that the parties had engaged in certain activities that they had customarily engaged in during the marriage up until that particular date, Our appellate courts have had occasion to decide many "date of separation" cases. In some of those appellate cases, the court's task was routine because the nature of the marriage was traditional. In Gordon v. Gordon, 647 A.2d 530 (Pa.Super. 1994), the court determined the date of separation based upon when the parties discontinued sexual relations, when marriage counseling ceased, when they separated financially and when the parties stopped entertaining and socializing. In other cases, where the nature of the marriage was non-traditional, the court has been forced to focus on changes in the marriage, to the extent they exist. In Schmidt, suora•, wife was in the military and returned to the marital residence only on weekends. While the marriage was good, the parties invested in real estate together and were tied together flnancfelly. Since this conduct continued during the period wife believed the parties to be separated, the court determined that the date of separation did not occur until wife served husband with "separation papers." The non-traditional type of marriage the parties participated in made identifying a change in the marriage more difficult in Schmidt. Other non-traditional marriages have also been considered by our appellate courts. In Weliner v. Wollner, 699 A,2d 1278 (Pa.Super, 1997), wife began visiting her parents home on a daily basis to care for her ill father, and husband transported wife each day. One day, husband did not return to pick wife up, but he did return several days later with wife's clothes. Husband did not state his intentions regarding the marriage at that lime. Wife continued to raside with mother for many years, and later moved to another residence with mother. While wife lived separate from husband, the parties did many things together, including visiting people, shopping, taking weekend trips and d(ning out. Husband stayed with wife on weekends, when she would cook for husband, and have sexual relations with h(m. Husband repeatedly asked wife to resume res(ding with him during this time. After over a decade passed with this type of marriage, wife packed husband's clothes and told him not to return. The court held that the parties were not separated during the decade they lived In separate residences, and that the separation occurred only when wife packed husband's clothes and told him to leave and not return. One of the most non-traditional marriages Is discussed In Slnha v. Slnha, 526 A.2d 765 (Pa.Super. 1987), There, Pennsylvania Supreme Court was asked to review the date of separation in a case where the husband lived in the United States while the wife lived in Indfe during the marriage. Husband professed his love for wife In written communication to her in September, 1978, but filed for divorce In October, 1980 alleging that the parties had lived separate and apart far three years, Husband first revealed his desire for a divorce in August, 1979, when he served notice of a divorce upon wife which was later discontinued because husband relocated, In SI Fte, the Supreme Court recognized that physical separation alone is not tantamount to separation for purposes of the Divorce Code. Rather, there must be an Intent to terminate the marriage by one spouse which is must be clearly manifested and communicated to the other spouse. The "communication rule° enunciated by the court in S was necessary in that case because short of such a communication In a case where the parties are not in the same country let alone the same household, a spouse would never know that the other spouse Intended to be separated. The Sinhe court does not hold that the communication to the spouse be either verbal or In writing, because clearly actions alone can be communication to another that a separation Is Intended. III. ARGUMENT In the present case, it is clear from focusing on the marriage of the parties, that the date of separation occurred during the Labor Day weekend, 1994. The marriage of the parties In this case was of the traditional type, where husband and wife resided together in the same residence, shared a bedroom, had sexual relations and socialized outside of the home with other friends. In reviewing the evidence, it is clear when this traditional marriage encountered problems, and when the parties separated as husband and wife. Prior to the Labor Day weekend, 1994, wife admittedly was in III health and refused to go out and socialize with husband at the clubs, This event signaled a change In the nature of their relationship, because husband continued to go out to the clubs without wife when wife was unwilling to do so. At this point in the marriage, husband could have decided that he was in agreement with the change wife wanted to make In the marriage. Husband, however, did not agree to make that change and rather than stay home with wife, husband continued the custom of going out socially without wife. As wife's refusal to socialize with husband continued, husband sought companionship from another woman, and he began to have an affair with Gloria G(Ibert. This signaled yet another change in the status of the marriage, as husband sought to replace wife with a companion who would socialize with him, which Indeed Gloria Gilbert did. When wife found out about Gloria Gilbert during Labor Day weekend, 1994, wife was understandably angry and husband immediately began sleeping in the basement portion of the marital residence rather than in the bedroom with wife, as he had previously. This event was the separation of the parties, and husband communicated his Intent to separate from wife by moving to the basement. Whet followed served to confirm that separation. After husband moved to the basement of the marital residence, he dated Gloria Gilbert and as Mr. Frick testified, Gloria and John Miller went a lot of places together. Husband spent Thanksg(ving, Christmas and New Year's Eve with Gloria Gilbert in the company of others, rather than spending those holidays with wife. Husband told people he was separated from wife, and his habit of taking Gloria Gilbert out on dates served to create an understanding in the community that husband and wife were separated. At the same time, wife was not spending time with wife at home or socially, and he did not 9 spend time with wife at Christmas, es major holiday, despite her invitation. Husband testified that sexual relations with wife stopped as of Labor Day, 1994. After several months of his physical separation from wife, and after months of spending most evenings during the week at Gloria Gilbert's home, husband took the final step of moving out of the marital residence In November, 1994, which is s(mply a confirmation that the marriage with wife is ovar. Wife's counsel's cross-examination of husband did little to call husband's testimony in to question. Counsel was able to establish that husband's record address for some of his personal business affairs were at the marital residence, but husband explained this by indicating that he had paid the bills for many items at the marital residence after he became Involved with Gloria and that wife brought his mail to him at Gloria's house, so (t was unnecessary to have the address changed Immediately. Eventually, husband did change his address at the post office, but he does not recall when that occurred. It Is also noted that wife's counsel questioned husband regarding an allegation that husband represented his that his residence was the marital residence as of the lime of the motorcycle accident, but no proof was actually submitted on that point. All husband knows about the matter is that he followed his lawyers advice regarding having same forms signed by his daughters which were required in order to obtain the Insurance proceeds, to The evidence husband presented was credible and logical when viewed in its entirety, unlike the evidence offered by wife. Husband's version of how and when the parties' separation occurred stands to reason, and it is consistent with the account provided by Mr. Frick. On the other hand, wife's account of the parties' separation is not credible and is inconsistent with common sense. Undersigned counsel's notes indicate that wife admits that she was In poor health and that she stopped socializing with husband when her health declined. Wife also admitted she knew about Giorla Gilbert. In fact, wife testified at the hearing that Gloria was hanging around husband's hospital room, and that is why the separation occurred; obviously, husband's relationship with Gloria was initiated well before the accident, as a new acquaintance would not assume the responsibility of waiting by the hospital bed of a new companion in the place of a loving wife. Wife also acknowledges that husband moved to the basement at some point in the relationship. Wife further testified that the parties were having sexual relations right up until the time of the motorcycle accident. This does not comport with logic or common sense, and wife's testimony on these points cannot be reconciled. On one hand, she is iii; on the other, she has an active sex I(fe with her husband. On another hand, she knows husband is !n a new sexual relationship with another woman, yet she mainta(ns that she continues to have sex with her husband, who now lives in the basement and is not sleeping with her in the bedroom. This testimony is illogical and unbelievable. Notwithstanding the above, wife does not dispute that she did not socialize with husband after Labor Day, 1994, and even if her claim regarding the sexual relations is true, the o as case indicates that those Isolated Incidents of sex are inconsequential. Another factor Indicating that the parties were separated prior to the motorcycle accident (s the petition for support wife filed stating that the date of separation was March, 1995. Wife had no explanation for why that date was on that petition, yet wife acknowledged her signature and Indicated that the other Information on the form was accurate. Agefn, wife's testimony is suspect, as she has absolutely no explanation why all of the information on the petition is correct except for the critical detail, the date of separation. When all of the evidence is reviewed and considered for accuracy and veracity, and most importantly, when a common sense standard is applied to the evidence, it Is clear that husband's evidence is better and more believable than wife's. Wife knows the Importance of the date of separation in this case, and not surprisingly, she asserts that the date of separation is the date of the motorcycle accident. Her reason for picking that dale Is weak; she says it is because Gloria was staying by husband's bedside in the hospital. Clearly if wife was the Important woman in husband's life at that time, a time when husband may lose his life, a strange woman would not be in wife's place al husband's bedside. 12 ..A 1 VI. CONCLUSION It stands to reason, bawd upon the foregoing, that husband was separated from wife during the Labor Day weekend, 1994, well before the time of the motorcycle accident. In fact, the evidence shows that the parties' marriage changed as wife became III and no longer desired or could no longer continue in the same marriage the parties' previously had, This caused husband to be unhappy, because he did not want his marriage to change. The marriage changed, nevertheless. Eventually, husband sought and found a new companion who enjoyed the same type of relationship husband had previously had in his marriage, and when the new relationship was discovered by wife, husband manifested his Intent to separate from wife by sleeping in the basement of the marital residence. Husband's Intent to separate was communicated to wife by virtue of wife observing husband's actions in moving to the basement, ceasing sexual relations with wife, ceasing to have meals with wife, having an aNair with Gloria Gilbert, socializing in public with Gloria Gilbert, holding himself out in public as separated from his wife, telling people In public about his girlfriend Gloria, refusing to spend holidays with wife despite wife's inv(tatfon, and eventually moving out of the marital residence in November, 1994. Respectfully submitted, O'BRIEN, BARK & SCHERER __1~`~~w.rrd~ e'fC~ Michael A. Scherer, Esquire 17 Wesl South Street Carlisle, PA 17013 ID # 61974 Attorney for the Plaintiff, John R. Miller JOHN R. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0. 96 -1899 CIVIL TERM GAYLE R. MILLER, IN DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing Brief of John R. Mlller upon Frances H. Del Duca, Esquire, by hand delivering a copy of the document to her office at 10 West High Street, Carlisle, Pennsylvania on October 16, 1996. Date: October 16, 1998 ~~~U/ j~/~1it Michael A'.'Scherer JOHN R. MILLER, Plaintiff s vs. GAYLE R. MILLER, s Defendant s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 96 - 1899 CIVIL IN DIVORCE THE MASTERS Today is Thursday, October 29, 1998. This is the date set to take the testimony of Gloria Gilbert whose presence was requested by the Master to complete the testimony on the issue regarding the date of separation of the parties. Previously, we had the testimony of Gayle R. Miller on May 7, 1998, and John R. Miller on September 25, 1997. Also testifying at the September 25, 1997, hearing was Paul W. Frick, a witness who appeared on behalf of Mr. Miller. Present in the hearing room are the Plaintiff, John R. Millar, and his counsel Michael A. Scherer, and Franne H. Del Duca, counsel for Gayle R. Miller. Mrs. Miller did not appear today nor was she required to appear today. Also present is the witness, Gloria Gilbert. Following today~s testimony, the Master will indicate his findings with respect to the issue with regard to date of separation and then the Master will schedule another hearing to complete the testimony which will relate to the identification and valuation of marital assets and nonmarital assets and the Factors dealing with equitable distribution and alimony. Also pending is a claim for counsel Pees and expenses raised by the Defendant. TESTIMONY OF GLORIA GILBERT After hearing the testimony of the witnesses on the issue of the data of separation, the Master has considered the testimony oP all of the witnesses, although there is, not unexpectedly, discrepancy in the testimony between the husband and the wife. The Master does find that the parties ceased living in a marital relationship at the end of February or March of 1995. This is based on the testimony of the witness today who indicated how the relationship developed between she and the husband, and although the husbands version of the date of separation was earlier than Ms. Gilbert testified, it seems reasonable for the Master to assume that the relationship between she and Mr. M111er developed as she testified. The Master further points to the exhibit which was presented on behalf of the Plaintiff at a prior hearing, which was a complaint Por support filed by the Defendant in a support action in Cumberland county wherein she averred that the separation of the parties occurred in March oP 1995. This averment of the wife would be consistent with the testimony of the witness Gloria Gilbert. Even though husband may have had certain contacts with the marital home prior to the time of the accident in 1995, which ie the date that wife alleges the parties separated, nevertheless, the case law seems clear to the Master that even though there were certain contacts with the marital home and with wife, the parties could be found to have ceased living in a marital relationship. Those contacts the husband had with the marital home included the continuation of maintaining an account from which he paid bills, receiving mail at the marital residence, occasionally keeping his vehicles there, keeping soma clothes at the residence and according to wife, even having sexual relationships on occasion. The Master is not making any findings, however, with regard to the sexual relationship of the parties inasmuch as even if husband was on occasion having a sexual relationship with his wife, it would not change the finding of the Master that tha parties had, in fact, ceased living in a marital relationship and ceased cohabitating based on the other circumstances and facts that have been testified to in this case. A hearing is scheduled to take testimony on the identification and valuation of marital assets and nonmarital assets, the factors relating to equitable distribution and alimony, and the claim oP counsel Pees raised by wife for Tuesday, April 20, 1999, at 9:00 a.m. Notices will be sent to counsel and the parties. cc: Michael A. Scherer, Attorney for Plaintiff John R. Miller, Plaintiff Frances H. Del Duca, Attorney for Defendant Gayle R. Miller, Defendant r 1 JOHN R. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. t CIVIL ACTION - LAW NO. 96- 1899 GAYLE R. MILLER, . Defendant. : IN DIVORCE MASTER'S MEMORANDUM Proceedings held before E. Robert Flicker, II, Divorce Master Cumberland County Courthouse, 9 North Hanover Street, Carlisle, Pennsylvania proceedings held on April 20, 1999, commencing at 9:00 a.m. APPEARANCES: Michael A. Scherer Attorney for Plaintiff Frances H. Del Duca Attorney for Defendant 2 THE MASTER: Today is Tuesday, April 20, 1999. This is the date set fora Maeter~e hearing in the above-captioned divorce proceeding. Present in the hearing room are the plaintiff, John R. Miller, and hie counsel, Michael A. Schererr and the defendant, Gayle R. Miller, and her counsel, Frances H. Del Duca. The divorce is going to be concluded under Section 33o1(c) of the Domestic Relations Code and counsel are directed to file affidavits of consent and waivers of notice of intention to request entry of divorce decree within a week of today~s date eo the divorce can proceed upon resolution of the remaining economic claims. We have discussed today some issues that need to be clarified and investigated by the parties in order to help us hopefully come to a final resolution of the equitable distribution and alimony claims. One of the issues involves an alleged withdrawal of $10,000.00 which husband made from Mellon Sank from an account with Dreyfues fund that he says he gave to wife in cash. Wife apparently denies receiving this sum of money in cash from husband. Husband is going to attempt to find bank records to show that at a particular time he withdrew $10,000.00 from the Dreyfues fund. r 3 We also have a question about wife's medical insurance coverage. Currently husband is paying $50,00 a week to maintain wife on a medical insurance policy. Wife is in need of medical insurance because of the health conditions that she has, including osteoarthritis and high blood pressure. Wife takes medication for the health problems which she has enumerated. Consequently, it is important that wife has a continuous coverage of medical insurance, and we have discussed some options that may be available to wife, One of those options would be for wife to go on a direct pay plan with Blue Cross, Blue Shield; and the cost of that, we believe, would be around $985.00 a quarter. One of the questions that the Master had was whether or not, because of wife's preexisting conditions, she could get on a direct pay plan and whether or not there is a period where a direct pay plan is available and at other times not available to parties wanting to go on a direct pay. Also we have talked about whether or not wife could get on the group plan at Giant Foods where she is employed, even though she is a part-time employee. And the Master has asked wife to inquire with Giant Foods ae to whether or not she could get on their group plan and what the coat of that coverage would be. ., r,. 4 Finally, wife should inquire about medical assistance and determine if she would be eligible to be covered by the medical program provided through the Commonwealth for people who have limited incomes. That leaves us with the issue of hueband~s obligation for payment of alimony to wife. Wife is currently receiving $173.33 a month from husband. Factors that would be looked at with regard to the alimony would be the incomes of the parties, the health needs of the parties (which would allow the Master to consider coat of medical insurance coverage), and the assets of the parties which would include marital and nonmarital assets. We are going to schedule a hearing/conference with the parties and counsel for the Thursday, April 29, 1999 at 9:00 a.m. This period of time between today and Thursday the 29th of April will allow the parties to hopefully gather the evidence that we need in order to be able to properly evaluate the case and come to a resolution of the remaining issues. The Master ie not going to send notices to counsel or the parties since both parties and counsel are here today and know that the hearing/conference will continue on Thursday, April 29, 1999 at 9:00 a.m. M 5 Mrs. Del Duca has indicated that there ie also an outstanding claim that has been raised by wife for counsel fees. E. Robert Elicker, II Divorce Master ccs Michael A. Scherer Attorney for Plaintiff John R. Miller Plaintiff Frances H. Del Duca Attorney for Defendant chyle R. Miller Plaintiff i4 JOHN R. MILLER, Plaintiff Vs. GAYLE R. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 1899 CIVIL IN DIVORCE RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before E. Robert Elicker, II, Divorce Master Cumberland County Courthouse, 9 North Hanover Street, Carlisle, Pennsylvania proceedings held on September 25, 1997, commencing at 9:00 a.m. APPEARANCES: William C. Vohe Attorney for Plaintiff Frances H. Del Duca Attorney for Defendant FOR THE PLAINTIFF Paul W. Frisk John R. Miller INDEX TO WITNESSES DIRECT CROSS REDIRECT RECROSS 6 12 -- 13 22 48 56 r" 1 n INDEX TO EXHIBITS FOR THE PLAINTIFF IDENTIFIED ADMITTED Ex. No. 1 - Copies of newspaper clippings is 55 FOR THE DEFENDANT IDENTIFIED ADMITTED Ex. No. i - Erie ine, Group - New Declaration 39 -- Ex. No. 2 - Certificate of title Por X81 Honda 40 -- Ex. No. 3 - Bankers & Shippers Ins. Co. for Honda 41 -- Ex. No. 4 - Acordia confirmation oP of insurance of X81 Honda 43 -- Ex. No. 5 - Tri-State Pest Control invoice 43 -- Ex. No. 6 - Smiths Appliances & Center invoice 44 -- Ex. No. 7 - Dreyfus Ins. Service Corp. statement 45 -- Ex. No. s - Monumental Life statement 47 -- Ex. No. 9 - Invoice from Punches Nut Company 46 -- Ex. No. 10 - West Coast Video invoice 47 -- A 1 THE MASTER: Today is Thursday, September 25, 2 1997. This is the date set for a hearing to take testimony 3 in the above referenced case on the issue of when the 4 parties separated. The date of separation is significant in 5 this ones beoause it involves the way we handle certain 6 accident proceeds Prom an automobile accident that the 7 Plaintiff was involved in on August 31, 1995. 8 Wife claims that the separation occurred after 9 August 31, 1995, and husband claims that the separation l0 occurred approximately a year prior to the date of the 11 accident, which would have been 1n the summer of 1994. 12 Consequently, the testimony will involve that 13 issue specifically today, after which we will schedule a 14 hearing later to take the testimony on the factors and 15 identification of assets and debts of the parties. 16 (A discussion was held oPf the record.) 17 THE MASTER: The parties were married on 18 February 11, 1967. The economic claims raised by wife in 19 the action are equitable distribution, alimony, alimony 20 pandente lite, and counsel fees and expenses. Husband also 21 filed a claim raising the issue of equitable distribution. 22 Present in the hearing room are the Plaintiff, 23 John R. Miller, and his counsel William C. Vohs, and the 24 Defendant, Gayle R. Miller, and her counsel Frances H. Dal 25 Duca. Also present is a witness, Paul W. Frick. Is it 4 .-. i F-r-i-c-k? 2 THE WITNESS: Yea. 3 THE MASTER: Who is going to testify on behalf 4 0! the Plaintiff. 5 MS. DEL DUCA: I would like an offer. 6 MR. VOHS: He knows the Plaintiff and his 7 girlfriend. He knows when they started dating. Ha knows 8 when the Plaintiff started living with his girlfriend. 9 That~s what we are here for today. 10 THE MASTER: Okay. 11 MS. DEL DUCA: Well, I think it should be 12 restricted as -- not when he was daL•ing the girlfriend. 13 MR. VoHS: I donut understand what her 14 restriction is. 15 MS. DEL DUCA: It should be limited to when he 16 moved out of the marital residence. 17 MR. VOHS: No. They can be separated and 18 living in the residence at the same time. 19 THE MASTER: That is correct. They can still 20 be separated and living in the same residence and, i guess, 21 the relationship with the girlfriend will have some bearing 22 on the state of the relationship between these parties. So 23 we will hear the testimony. Will you proceed. 24 MR. VOHS: I call Mr. Frick. 25 Whereupon, 5 ~_. 1 PAUL W. FRICK 2 having been duly sworn, testified as follows: 3 DIRECT EXAMINATION 4 BY MR. VOHS: 5 Q Please state your full name? 6 A Paul W. Frick. 7 Q How old are you? 8 A 57. 9 Q You know John Miller? 10 A Yes, I do. 11 Q How do you know him? 12 THE MASTER: Could we have your address, 13 please? 14 THE WITNESS: I live at 730 Allen Road, 15 Carlisle, PA. i6 BY MR. VOHS: 17 Q How long have you known John? 18 A Probably since I joined the White Circle club 19 many years ago , when I was 21 -- since i was 21 or 22 years 20 old probably. 21 Q Do you remember hack in the summer of 1994, 22 do you know if John was dating anyone? 23 A Yes; that~s -- about that time is when he 24 started dating Gloria; that~s the lady he lives with. 25 Q Whereas that address at? 6 1 A What ie it, 3 -- 2 MR. MILLER: X45. 9 BY MR. VOHS: 4 Q What road is it? 5 MR. MILLER: Louther Street. 6 THE WITNESS: Louther Street. 7 MR. MILLER: East Lowther Street. e M3. DEL DUCAL I would like the record to 9 show that Mr. Miller had to give the address of his 10 girlfriend Por Mr. Frick. 11 THE MASTER: Okay. 12 BY MR. VOHF: 13 Q Mr. Frick, do you know where -- 14 A Yes. I've gone into the house. I've done 15 work there. I do work there. I just don't remember the 16 address. 17 Q May ba you could just describe for us 18 where -- 19 A Well, it's right across, I think, from the 20 old ribbon -- it used to be an old ribbon mill or 21 whatever -- right around the corner from the Taco Bell. 22 There's an alley that goes down the back. There's a wooden 27 shed that sits in the back, metal fence around it. 24 Q You've been inside the house? 25 A Been inside the house. Did work in there. 7 1 Built a cupboard for in the kitchen. 2 Q You just didn't remember the number? 3 A Exactly. 4 Q Back in the summer of 1994 did you learn of 5 what happened between John and his wife? 6 THE MASTER: What date did you say? 7 MR. VOfis: I'm asking him when he learned. I 8 said summer of '94. 9 THE MASTER: You said a data. December of 10 '94. 11 MR. VOHS: I said summer of '94. My next 12 question is going to be: When specifically was that. 13 THE MASTER: All right. 14 THE WITNESS: Let me tell you about as easy 15 as I can remember how this all occurred. 16 MS. DEL DUCA: I don't know that you really 17 asked him a question yet. 18 THE MASTER: Would you restate the question? 19 BY MR. VOHS: 20 Q Did you learn in Labor Day of '94 that John's 21 wife had found out that he had been having an affair? 22 A I probably knew it before that but I am 23 pretty positive that that's near about the time -- and I 24 didn't make any notes on this -- of when his wife found out 25 about it, yes. 8 .-. i Q How did you find out about that? 2 A How did I find out about it? 3 Q How did you Pind out that his wife had 4 learned? 5 A Well, John told me. 6 Q What did he tell you happened? 7 A He said, Gayle knows now. 8 Q And you're sure that was 1994? 9 A Yes. 10 Q Did John -- do you know -- 11 A The reason I can say it was '94 is because 12 right after she found out, John moved to the basement and 13 lived by him self -- or had his own bed down there -- and he 14 would stay t here a night or twa a week. i didn't qo in to 15 punch a cloc k on him, but I know he would stay there a 16 couple of ti mes -- days -- and than he would stay over with 17 Gloria some. 18 He made an appointment -- he told me already 19 that when -- he stayed there because she was afraid to stay 20 by herself. 21 Q Because who was afraid to stay by herself? 22 A Gayle was afraid to stay in the house by 23 herself. Th ere were times he stayed there for that reason. 24 Shortly afte r that he moved in with Gloria. I know that 25 whenever we had Thanksgiving dinner down at the Legion, and 9 R" 1 that was in '94. we went there at the Legion there in 2 Mechanicsburg, my wife, Gloria and John, and we went there 3 to have Thanks giving dinner. I'm sure he was living with 4 Gloria then. 5 Q He brought Gloria to that dinner? 6 A Oh, yes. The four of us went a lot of places 7 together, righ t after they started going together. 8 Q So your recollection is that she found out 9 some time in L abor Day '94? 10 A Yea. 11 Q And that's when he moved to the basement? 12 A Yes. 13 Q And then some time between Labor Day of '94 14 and Thanksgivi ng, he moved out of the basement into the 15 Lowther Street address? 16 A To the beat of my recollection, yes. 17 Q Did you know John was in an accident? 18 A Yea, I do. 19 Q Do you remember when that was? 20 A See, I'm not good on dates. Like that lady 21 didn't like I didn't know her address. 22 Q Let me ask you this way. Do you remember 23 whether John - - he was in the hospital when he had this 24 accident? 25 A Yes, because -- 10 -, ,~, 1 THE MASTER: Well, it doesn't much matter ?. whether ha remembers it, does it. We know when it was 3 unless it's important to where you're going with the 4 testimony. 5 MR. VOHS: I want to ba able to have him 6 state unequivocably that the separation was in Labor Day 7 '94, and that was before John was in the hospital. 8 THE MASTER: Well, we can tell him when the 9 accident was because we have stipulated to that. So why l0 don't you lead him; tell him when the accident was and then it ask your question. 12 BY MR. VOH3: 13 Q Sir, we've agreed that the accident happened 14 August 31, 1995. 15 A That sounds right. 16 Q As far as you can remember -- 17 A it was then too. 18 Q About a year after she found out? 19 A Yea; because i -- John was in very bad shape 20 in the hospital and he, at that time, had a part-time job 21 that he -- that he ran a nut route. He sold nuts to the 22 bars and soma of the clubs around town. i continued that 23 for him until he qot out of hospital and then he at soma 24 point stopped the nut route -- discontinued it. 25 Q But you're positive that he was already moved 11 z .. 1 out of the house? 2 A Yes. He was living there with Gloria but he 3 had some of his supplies and stuff in his garage, you know, 4 and he was going back and forth to both places. 5 Q But his wife knew about Gloria, right? 6 A Yesj because the day I went there to pick up 7 the stuff, Mrs. Miller approached me to say this or that was 8 going on and I said, Hey, I'm not into it. I don't have 9 anything to do with it. All I'm here to do is to pick up l0 the nuts and run his route for him. What he does and where it he lives, I don't want to discuss it. I'm not in it. I had 12 no part in it. 13 MR. VOHS: I have nothing further. 14 THE MASTER: Cross-examine. 15 Ms. DEL DUCA: May I just have one moment 16 with Mrs. Miller, please? 17 (Whereupon, a recess was taken.) 18 AFTER RECESS 19 CROSS EXAMINATION 20 BY MS. DEL DUCA: 21 Q Mr. Frick, when were you last 1n the house at 22 10 F Street? 23 A I was Haver in the house at 10 F Street. 24 That's where you live, right? 25 MRS. MILLER: Right. 12 i THE WITNESS: I was never in the house. 2 Never. I was in the garage. I was never in the house. ~ MS. DEL DUCA: I have no further questions. 4 MR. VOHS: I have no redirect and I would ask 5 that ha be excused. 6 THE MASTER: Do you have any objections to 7 him being excused? g Ms. DEL DUCA: No. g THE MASTER: You may be excused. 10 MR. VOHS: I call the Plaintiff, John R. 11 Miller. 12 Whereupon, 19 JOHN R. MILLER 14 having been duly sworn, testified as follows: 15 DIRECT EXAMINATION 16 BY MR. VOHS: i~ Q John, tell the Divorce Master your full name? ig A John R. Miller. ig Q How old are you? 20 A 54. 21 Q Where do you currently reside? 22 A 345 East Lowther Street. 23 Q We are here today just for a date of 24 separation hearing. We will get into a lot of the other 25 issues at another hearing but right now we are going to 1~ i focus on when you and your wife separated. You remember 2 back in the summer of 1994? 3 A Yes. 4 Q Did you start to date a woman then? 5 A Yes. 6 Q What was her name? 7 A Gloria Gilbert. 8 Q Where did she live? 9 A 345 East Lowther Street. 10 Q Do you remember when your wife l earned of 11 that? 12 A Labor Day weekend of '94. 13 Q How can you ba so certain in was Labor Day 14 weekend of '9 4? 15 A We had a cookout on the deck and she got a 16 phone call right before I had to go to work and that's -- 17 when I walked back into the bedroom the look I got, I knew 18 she knew. I went to work, came home that night and went to 19 the basement. 20 Q Did she ever say anything about the phone 21 call? 22 A She wouldn't tell me who called, no. 23 Q Did you say anything to her as a result of 24 the look that you got from her about the phone call? 25 A No; because I knew what it was. 14 i Q You took your belongings -- 2 A From that time -- from that day on, i lived 3 either in the basement or with Gloria, nowhere else. 4 Q When you started living in the basement, did 5 you continue to have meals with your wife? 6 A No. ? Q Did you go out with your wife? 8 A No. 9 Q Did you have Priends or family over to the l0 house togethe r? 11 A No. We did qo out to the bank, or she had to 12 qo to the doctor. i donut remember if I had to take her 13 there or not, but that would be the only way we would go out 14 any where. 15 Q Did you tell your friends that you and your 16 wife were separated? 17 A I didn~t have to tell them. They knew where is i was living. 19 Q Well, when you were still living in the 20 basement -- did they know you were living in the basement? 21 A Maybe. 22 Q Mr. Frick just testified that -- 23 A I was going to say maybe a couple of people. 24 Q Your close friends? 25 A Yeah. 15 _~ I i Q How long did you live in the basement? : 1! 2 A From Labor Day weekend until -- now this 3 wasn~t full-time, I was living there -- i would come home a 4 few nights. A lot of weekends I would spend with Gloria if 5 I was off, i would say i stopped going to the basement 6 pretty regular in November X94. ~ Q And since November X94, full-time, you~ve S been living where? 9 A 345 East Lowther. l0 Q With who? 11 A Gloria Gilbert. 12 Q Since that Labor Day weekend of X94, have you 13 had any type of marital or sexual relations with your wife? 14 A No. 15 THE MASTER: Since what date again? 16 MR. VOHS: Labor Day of X94. 1? THE MASTER: Thank you. 18 HY MR. VOHS: 19 Q Since Labor Day weekend of X94 have you and 20 your wife attended any functions together, any social 21 funations together? 22 A No. 23 Q Since 1994 -- Labor Day weekend of 1994, have 24 you told your family and your friends that you and your wife 25 have separated? 16 .,, 1 A I don't understand that. 2 Q Well, the friends that you work with -- you 3 just had one friend testify, Mr. Frick -- we know you told 4 him. Did you tell other friends that you and your wife 5 separated? 6 A I'm sure I did but -- I don't know if they 7 remember the dates or not. I mean Paul Logan -- e Q We don't need to know whether or not they 9 knew the dates. i need to know whether you've been telling l0 people "my wife found out about Gloria. We are separated." 11 A Yeah. 12 Q That happened? 13 A Yeah. I mean even a friend of mine that 14 helps -- takes her back and forth to work once in a while, 15 he even mentioned it right after it happened. 16 Q What was his name? 17 A Paul Logan. He said, I told you you were 18 going to gat it. 19 Q He told that to you? 20 A Yeah. So he heard about it from somebody 21 else. 22 Q Now, November of '94 you moved in with 23 Gloria, did you continue to pay bills at the F Street 24 residence? 25 A Yes. 17 1 Q How long did you continue to do that? 2 A I paid all the bills plus I gave her money 3 until the accident. 4 Q What accident are you talking about? 5 A Motorcycle accident. 6 Q When was that? 7 A Labor Day weekend of X95. 8 (Whereupon, Plaintiffs Exhibit No. 1 9 was marked for identification.) 10 BY MR. VONS: 11 Q ism going to show you what has been marked as 12 Plaintiffs Exhibit No. i. Can you identify what this is, 13 John? 14 A Just says my dad and I were in an accident. 15 Q Is this a newspaper clipping from that? 16 A Yes. 17 Q And there era two newspaper clippings, right? 10 Actually three. 19 A Yeah. 20 Q What newspapers are they? 21 A The one came out of Shippensburg and one is 22 the Sentinel, and the ona~s the York paper. 23 Q The Patriot News? 24 A No, Sentinel, the Naws-Chronicle, and the 25 York -- 10 n 1 Q Tha bate of that accident, do you remember 2 when that was? 3 A August 31st. 4 Q What year? 5 A 1995. 6 Q John, you were seriously injuried in that 7 accident? 8 A Yae. 9 Q You were hospitalized as a result of that to accident? 11 A Yes. 12 Q You testified that up until the day of that 13 accident you continued to pay the bills for your wife? 14 A Yes. 15 Q Did you do anything else for her? 16 A After the accident -- after I got out of the 17 hospital, I got soma money out of the joint policy that we 18 had, gave he r money to live on. i think -- ism not -- I 19 think it was around $4,000.00. 20 Q Wa will deal with those at the next hearing. 21 A Well, that~s what I did for her. 22 Q Before the accident, did you do anything else 23 besides pay the bills? 24 A I went up, I think, i was cutting the glass. 25 Q Cutting the grass at the F Street place? 19 1 A Right. 2 Q You stayed there once in a while in the 3 basement? 4 A In the basement, yea. 5 Q Wae that because she was afraid to stay there 6 by herself? 7 A She didn't like being alone. Now, I think at 8 the time Tina was st111 living there. 9 Q Who ie Tina? 10 A My daughter. 11 Q You're aware your wife has claimed that the 12 two of you did not separate until after your motorcycle 13 accident? 14 A Well -- I don't understand why she would say 15 that. Everybody knows i left way before that, way before 16 the accident. Like I said, from the time I moved out of the 17 house -- from the time she found out about Gloria, I moved 18 to the basemen t. From there I moved in with Gloria. it was 19 the winter of '94 - '95. It could have been November. It 20 could have bee n December. i wasn't living there in 21 December. She did invite me up Christmas Eve but i didn't 22 go up. 23 Q She invited you for Christmas? 24 A Because of the kids. She said the kids will 25 be there if yo u want to come up. 20 .~ -, i Q Christmas 1994? 2 A 1994. 3 Q Did you go to that? 4 A No. 5 Q How about Thanksgiving. Where did you spend 6 Thanksgiving at? 7 A American Legion. e Q With who? 9 A With Gloria, Paul Frick and Evelyn. 10 Christmas Eve I spent with Paul Frick, Evelyn, Gloria~s son li and Gloria~s daughter-in-law. 12 Q And Gloria? 13 A Yes. At Gloria~s house, all evening. 14 Q New Years Eve, where did you spend that? 15 A Of X94, at the Moose Lodge in Chambersburg. 16 Q With who? 17 A A whole gang from Carlisle. 18 Q Was your wife with yau? 19 A No. 2D Q Was Gloria with you? 21 A Yes. 22 Q Just so I can be absolutely clear on this. 23 Since she found out in September 1994, you didn~t take her 24 anywhere socially? 25 A No. 21 i Q You might have taken her to the doctors or 2 something like that? You can't remember? 3 A Right. 4 MR. VOHS: I've got nothing further on that 5 issue. 6 THE MASTER: Cross-examine. ~ CROSS EXAMINATIQN B BY MS. DEL DUCA: 9 Q You had affairs before this affair with to Gloria, did you not? li MR. VOHS: objection. It's irrelevant to the 12 date of separation. 13 THE MASTER: Sustained. 14 MS. DEL DUCA: I think it does go to the data 15 of separation. If I may give my reason for that. 16 THE MASTER: Yes. i~ MS. DEL DUCA: You're saying that -- he is 18 saying that because Mrs. Miller knew that he had an affair 19 that she would have nothing else to do with him, and he had 20 other affairs and that didn't end their relationship -- 21 THE MASTER: Actually ha didn't say anything 22 that she said. He said that she looked at him and ha knew 23 and he moved to the basement. He didn't testify to any 24 conversation between the parties. 25 MS. DEL DUCA: All right. 22 1 HY MS. DEL DUCA: 2 Q You continued to take your meals with Gayle, 3 did you not? 4 A No. 5 Q Is it your testimony that you never took 6 meale with her in the kitchen after that date? 7 A i can't remember that. I don't think I did. 8 Q And isn't it true that you took your showers 9 in the house o n l0 F Street during the week? 10 A Yes. When I stayed in the basement, yes. it Q Isn't it true that there is no cooking 12 facilities in the basement? 13 A Yes. 14 Q Isn't it true there is no kitchen in the 15 basement? 16 A Yes. 17 Q And isn't it true that there's no facility le for storing yo ur clothes in the basement? 19 A Storing my clothes? 20 Q Your underwear and shirts and trousers that 21 you use everyd ay? 22 A Yes. 23 Q That's true? 24 A Yea. 25 Q Isn't it true that you continued to have your 23 -. 1 underclothes and other daily clothing in the bureau drawers 2 in the room that you had shared with Gayle? 3 A Yeah, for a while. Then she took them all 4 out and brough t them down. I had nothing hanging in the 5 closet at all. it was all hanging in the basement or else 6 in bags. 7 Q Isn't it true that those clothes were still 8 there until th e date of the accident? 9 A There is still my stuff up there. i still l0 have stuff up there. 11 Q wall, isn't it true that your daily clothing 12 was still ther e until the data of the accident? 13 A No; not my daily clothing. Nothing I wore 14 regularly, no. I could probably go up there right now and 15 find a jacket that belongs to me or pants that I don't wear, 16 or shirts that I don't wear. I know there's a ring up there 17 too that belonges to me. There's a picture of my parents up 18 there. When I left, I left everything there for her. 19 Q Isn't it true that you left your motorcycle 20 parked outside there? 21 A My motorcycle was demolished. 22 Q isn't it true that your motorcycle was parked 23 there from Labor Day of '94 until the date of the accident? 24 A it was parked there all winter. 25 Q Isn't it true that it was parked there from 24 1 Labor Day of '94 until the day of the accident? 2 A Yes. But so was my riding mower. 3 Q Excuse me. Would you just answer my 4 question, please? 5 A Yes. 6 Q Thank you. isn't it true that that's where 7 you got on your motorcycle on the date of the accident? S A That I don't know. That I don't know. I 9 don't know whether I had it at Gloria's for, you know, since l0 it wasn't raining -- 11 Q All right. You don't know that; that's fine. 12 Isn't it true that your van was there on the date of the 13 aacident, parked at l0 F Streetl 14 A That I don't know either. 15 Q Isn't it true that your personal items, let's 16 say, mugs were delivered to you Following the accident some 17 months after? 18 A Yes. 19 Q Isn't it true that your van was delivered to 20 you some months after the accident from 10 F Street? 21 A I guess my daughter did bring it down. It 22 had to get down there some how. I couldn't get it. 23 Q Isn't it true that your items of personal 24 clothing were delivered to you after the accident? 25 A Only the items that i didn't wear. 25 ,. ,. '1 '-' 1 Q Isn~t it true that you and your wife did not 2 socialize very much the year before the accident -- i mean 3 that year befo re September of '94? 4 A What do you mean socialize? 5 Q Go out to the White Circle? 6 A No. She didn't like the clubs. 7 Q And it's true that you liked to do that? 8 A Yes. 9 Q And isn~t it true that Tina was living at 30 10 F Street from the period of September '94 and continues to 11 live there at 10 F Street? 12 A Tina? 13 Q Yes. 14 A Yes. She was living there. I think Vickie 15 is living ther e now too. 16 Q So both daughters ware living at l0 F Street 17 from Labor day of '94 through the data of the accident? 18 A I don't know if Vickie was or not. She lives 19 there, then sh e don't; than she does; than she don't. I 20 don't really r emember if Vickie was there on not. Tina 21 definitely was there. But they were all there the day she 22 found out. Wh en she told the kids, i don't know. It had to 23 be close after that. 24 Q Your testimony was that she gave you a look? 25 A Yes. I was on my way to work. 26 1 Q And isn't it true you spent moat weekends at 2 10 F Street frog, September '94 through September of '95? 3 A No. 4 MS. DEL DUCA: I need to get my file. 5 (Whereupon, a recess was taken.) 6 AFTER RECESS 7' BY MS. DEL DUCA: 8 Q Now, you received insurance money under your 9 daughters Vickie and Tina's insurance policies as a result 10 of the accident, did you not? 11 MR. VOHS: I object. It's irrelevant to the 12 data of separation. 13 MS. DEL DUCA: I think it's very relevant 14 because he told the insurance company that ha was living 15 there as of the data of the accident. 16 THE MASTER: I don't understand how he got 17 money from their policies but why don't you ask him if he 18 told the insurance company he was living there at the date 19 of the accident. i mean, I don't understand how he would 20 get money from somebody else's policy. At this point it's 21 not making sense to me but that's all right. 22 MR. VOHS: I need to talk to him for a few 23 minutes then. 24 THE MASTER: Well, it's not appropriate for 25 you to discuss -- talk to him while he is on cross 27 -~ i examination. _, 2 MR. VOHS: Well, then I go on the record and 3 I'm going to advise him that -- my advice to you is to not 4 answer questions about the insurance claim at this 5 proceeding until you have further contact with Mr. Douglas. 6 BY MS. DEL DUCA: 7 Q Isn't it true that you received insurance e money Prom your daughters' policies. 9 A No comment. 10 MR. VOHS: By no comment, he is exercising 11 his 5th amendment right against self-incrimination. You 12 understand that, John? 13 THE WITNESS: Yes. 14 MS. DEL DUCA: I donut know if we can go any 15 further on this if he doesn't answer. 16 THE MASTER: Well, you'll have to take it to 17 Court, get the Court to decide whether he is required to 18 answer the question. i can't -- I assume that he needs to 19 confer with Mr. Douglas. 2D MR. VOHS: I would like a ruling on the 21 objection before it goes to court on how it's relevant. 22 THE MASTER: Could you restate the objection? 23 MR. VOHS: I object to her line of 24 questioning regarding his own insurance proceeds as it 25 relates to the date of separation. Any claim form under 28 1 insured or insurance benefit was made after the date oP the 2 accident. Her claim is that they were separated at the 3 accident. His position is that they were separa ted a year 4 before, or almost a year before the accident so; therefore, 5 anything that happened after that is irrelevant to this 6 hearing on the date of separation. 7 it may be relevant for equitable distribution e or alimony issues. g THE MASTER: Wouldn't it be relevant to know l0 when the data of separation is to determine whether or not 11 the objection is appropriate, sustained or overruled? 12 MR. VOHS: As the Master is well aware, 13 whether two parties are separated or not is very specific to 14 their life. Insurance has no bearing on that. 15 THE MASTER: I don't know enough, as I said, 16 about where Ms. Del Duca is going with this questioning 17 because apparently she has soma purpose in this question 18 which has to do with whether or not he told an insurance 19 company that he was actually residing in that residence, and 20 in her view oP things, that is relevant to an argument that 21 she wishes to make that he was, in fact, living there and 22 not separated. But I don't know enough about what claim he 23 made or how he made the claim, in order to properly rule on 24 the objection. So I'm going to have to just defer that. 25 I'm not going to make a ruling on that objection. 29 ~, .. ; 1 I donut know enough about the issue. Ism 2 heerinq that she is alluding to soma matter of whether or 3 not he told an insurance company about his residence at a 4 certain time and I donut know how that is relevant at this 5 point because she hasn~t been able to follow-up with her 6 questioning and ha is not commenting on that. 7 MS. DEL DUCA: This is cross examination and e hie credibility is at issue. 9 THE MASTER: So until you get a specific 30 ruling on whether or not he is required to answer the 11 question, I cant make a determination on your objection. 12 MS. DEL DUCA: And I have two witnesses who 13 can testify to this too. 14 MR. VOHS: Testify to what? 18 MS. DEL DUCA: That he received insurance 16 money under their under insurance policies. 17 MR. VOHS: I~11 stipulate that that~s what 1B happened. Ism instructing him not to answer any questions 19 about what he told an insurance company or what his lawyer 20 might have told an insurance company. 21 If Mr. Douglas did that, Mr. Douglas did 22 that. Ism not going to have you ask questions and then try 23 to prosecute him for soma type of insurance fraud when he 24 was well represented by counsel, that was not me, in those 25 proceedings. 30 r1 _ 1 THE MASTER: Well, may be we need to just 2 continue this until. he has a chance to talk to Mr. Douglas 3 because you can't proceed with your case until we have soma 4 decision about whether or not he is going to be able to 5 answer that question without jeopardizing any position that 6 he has with respect to the receipt of those proceeds. 7 THE WITNESS: Can I make a question -- 8 THE MASTER: Well, you can talk to your 9 lawyer. 10 MS. DEL DUCA: Well, this is the middle of 11 cross examination. 12 MR. VOHS: Well, his constitutional rights 13 are a little bit more important than your right to 14 cross-examine. 15 THE MASTER: Well, if he has a question about 16 his constitutional rights, he can ask that off the record. 17 Just ask the question aloud. We can all hear it. I don't 18 want you to ask any questions about your testimony on cross 19 examination because you are not allowed to defer with 20 counsel while your under cross examination. 21 If it affects your constitutional rights, 22 then, yes, you may ask a question about that. 23 MR. VOHS: He should be allowed to discuss 24 that with me, Mr. Elicker. He might not know whether 25 something he is going to say is going to affect his cross 31 u .~ 1 examination. 2 THE MASTER: Well, you already told him not 3 to say anything so there should be no further comment on 4 that until he discusses it with counsel. Ism willing to 5 continua the case or we can proceed with his no comment 6 responses until you get a ruling by the Court on whether or 7 not he is required to answer the questions. I have not 8 ruled on the objection. 9 MS. DEL DUCA: I think the record should note to that i advised his attorney that this was an issue and a 11 problem before this hearing. 12 MR. VOHS: Ten minutes before this hearing. 13 MS. DEL DUCA: No. I mailed it to you about 14 two weeks ago, a letter, saying that this was an issue as to 15 whether he was living at the residence in view of his 16 comments to the insurance company. 17 MR. VOHS: I stated his position to you. 18 MS. DEL DUCA: And you did not respond to me. 19 MR. VOHS: I responded this morning to you 20 when you asked why I didn~t respond and I said, Whether or 21 not he filed an insurance claim has nc bearing on whether 22 these two people separated or not. He could have been 23 living there and they still could have been separated, so it 24 has no bearing on it whatsoever. 25 MS. DEL DUCA: Well, I disagree with that. 32 1 MR. VOHS: That's the law. 2 MS. DEL DUCA: His position is that he moved 3 out in November and yet he made a statement to the insurance 4 company that he was living there as of the date of the 5 accident. 6 THE MASTER: And that is definitely an issue 7 hare. I agree with that. He did say he moved out in e November of '94 and apparently, and i don't know, this is 9 not anything that i have heard through any testimony, but 10 the allegation is, that he made a claim with an insurance 11 company claiming -- stating that he was living at the 12 residence. 13 Now, I can't resolve that today and you're 14 concerned about his constitutional rights, that i 15 understand. I think that we need to just continue this 16 matter until counsel gat that resolved because you're not 17 going to be able to go forward with your case until you lay 18 the foundation for what he said. 19 The only other way to lay that foundation 20 would be to call someone from the insurance company, which 21 I'm not suggesting that you do that at this point because I 22 don't think it's going to serve either party to have him 23 charged with a criminal offense if that's what your 24 intention is here. So for that reason, i think he needs to 25 confer with counsel to determine whether he can answer that 33 1 question without jeopardizing his rights under the criminal 2 law. 3 MR. VOHS: Can I take h1m out there and talk 4 to him about that for a little bit? 5 THE MASTER: Yes. We will take a short 6 recess. Donut discuss with him, Chuck, any specific 7 testimony that he ought to offer on any other areas. 8 MR. VOHS: It will only be the issue of this 9 insurance claim. SO (Whereupon, a recess was taken.) 11 AFTER RECESS 12 THE MASTER: Mr. Vohs came back into the room 13 and indicated that he thought his client would be able to 14 answer some questions without jeopardizing his rights under 15 the constitution, so we are going proceed again. We will 16 ask Ms. Del Duca to restate her question and then we will go 17 forward. 18 BY MS. DEL DUCAs 19 Q You received $15,000.00 from your daughter 20 Tina~s automobile insurance which was under insurance 21 coverage following your accident? 22 A Yes. 23 Q And you also received $15,000.00 from your 24 daughter Vickie~s automobile insurance which was under 25 insurance coverage? 34 ,-~ ~-, 1 A Yes. 2 Q As a result of your accident? 3 A Yes. 4 Q And you know that you had to be living in the 5 residence at that time, of the date of the accident, to 6 receive the under insuranae motor coverage? 7 MR. VONS: Objection. Calls Por a legal 8 conclusion. 9 THE MASTER: That~s sustained. You have to 10 lay a Foundation that he would know that or that is a 11 prerequisite for him receiving those funds. You can ask him 12 what he understood the conditions of him receiving those 13 Funds would be. Restate your question, Ms. Del Duca. 14 BY MS. DEL DUCA: 15 Q You requested the under insurance coverage 16 under your daughtere~ policies as a result of your accident, 17 isn~t that correct? 18 A No. 19 Q You just stated that you obtained under 20 insurance funds from your daughters policies? 21 A Yes. 22 Q You filed or signed a statement with your 23 insurance company requesting that money? 24 A No. 25 Q Your daughters signed a form requesting that i' 35 1 you be paid $15,000.00 from each under their policies? 2 A Yes. 9 Q And as a result oP their signing this form 4 Por you, you gave them each $2,000.00, did you not? 5 A No. g Q You did at soma point give them each 7 $2,000.00? 8 A No. 9 Q You gave them $1,500.00? 10 A No. 11 Q You never gave them any money whatsoever as a 12 result of their signing that form for the insurance company? 1~ A I guess you could say three of them didn't 14 get anything any way yet. 15 THE MASTER: I don't understand the response 16 to the quest ion, three of them. 17 THE WITNESS: I have four children -- she 18 said that I have threw children. We raised four children. 19 When i recei ved that money I told them -- told two of 20 them -- she said i should give them all, which I agreed, 21 $2,000.00. And I agreed to that. This was just between 22 Gayle and I. All I'm waiting for is to see what happens 29 here and they will get their money. one of them already got 24 their money. 25 8Y MS. DEL DUCA: J6 1 Q So the answer to my question is that you did 2 give one of your daughera money for signing this form for 3 the insurance company for you to receive the under insurance 4 motorist coverage? 5 MR. VOHS: I object. That is not what he 6 said. He didn~t say he gave any of the money for signing a 7 form. I object to that question. 8 THE MASTER: Sustained. He didn't say he 9 gave money Por the signing of a form, but you can pursue 10 your line of questioning. ii THE WITNESS: I said, No, I didn't. 12 HY MS. DEL DUCA: i3 Q You gave -- did you give $2,000.00 to Tina? 14 A Just about. 15 Q And this was following her signing of the 16 form for the insurance company? 17 A Thia was two years after signing it. She 18 needed help with a car. 19 Q And you requested Tina to sign this form for 20 the insurance company to receive that money? 21 A No. 22 Q Did you request Vickie to sign this form for 23 the insurance company for you to obtain the under insurance 24 motorist coverage. 25 A For me to obtain the money? 37 ,,~ i Q Um-hum. 2 A Did I request her? 3 Q Um-hum. 4 A Yea, through my lawyer. 5 Q Did you and your lawyer obtain this form for 6 Vickie and Tina to sign so that you would receive the under 7 insurance motorist coverage? 8 A My lawyer did, yea. 9 Q Did you present this form to Tina and Vickie? 10 A Yes. 11 Q And you obtained their signatures on the form 12 requesting the $15,000.00 under their policies -- 13 $15,000.00 each? 14 A Yes. I had a stacked policy. 15 THE MASTER: Where is the form? Do you have 16 it. 17 MS. DEL DUCA: No. 18 THE MASTER: What did they sign? 19 MR. VOHS: It's a stacking policy. 20 THE MASTER: Wall, I want to see the form. 21 What did they say on the form? What did they aver? 22 THE WITNESS: Bill Douglas, I guess, would 23 have a copy of everything. I don't know. I didn't even 24 read it. They didn't read it. it was just something for 25 the insurance money. 38 ~ ~ Y 1 THE MASTER: Your attorney provided the Porm? 2 THE WITNESS: Yes. I never talked to an 3 insurance company. The whole way through the accident, I 4 never talked to an insurance company. It was handled 5 through a lawyer. 6 BY MS. DEL DUCA: 7 Q But you took these forms to your daughters to 8 sign? 9 A Yes. 1o Q And you did receive the $30,000.00? 11 A Yee. 12 Q Now, isn~t it true that you advised the Erie 13 Insurance Company that your address was l0 F Street as of 14 March 24, 1995? 15 A I donut know. 16 Q Ism going to show you an Erie Insurance form 17 regarding Policy No. Q032406888H and ask you what is the 18 policy period that is stated up here? 19 A 3/95 to 3/24/96. 20 Q What~s the address on there? 21 A 10 F Street. 22 MS. DEL DUCA: And that~s Exhibit No. 1. 23 (Whereupon, Defendants Exhibit No. 1 24 was marked for identification.) 25 BY MS. DEL DUCA: 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And that is the address you gave the insurance company for your insurance coverage? A IP that~e what address is on there, then I guess I did. THE MASTER: What kind oP coverage? THE WITNESS: Is it automobile insurance] ie that what it is? MR. VOHS: If you know. THE MASTER: Look at the form, sir. Tell us what kind of coverage it is. THE WITNESS: ACE, that has to be for the motorcycle. BY MS. DEL DUCA: Q Does that say auto X92, GMC Safari? A Yes. That~s for the van. Q So that~s for your van? A Yes. Q That~s your insurance coverage? A Yes. Q And that is your birth date at the bottom and your license number? A Yes. (Whereupon, Defendants Exhibit No. 2 was marked for identification.) BY MS. DEL DUCA: ao 1 Q I show you a certificate of title for an '81 2 Honda which is Defendant's Exhibit No. 2, and is that the 3 certificate of title for your 'S1 Honda? 4 A Yes. 5 Q And what is the address on that certificate 6 of title? 7 A 10 F Street. S Q What was the date that that was filed? 9 A Filed? l0 Q Yes. It says, Date Pennsylvania titled; li isn't that Hox 1795? 12 A Yes. 13 MR. VOHS: Can I just go on the record that 14 that is the original title. 15 MS. DEL DUCA: Looks like it. 16 MR. VOHS: You haven't marked that as an 17 exhibit, did you? You're going to return the original 18 document to him, right? 19 MS. DEL DUCA: The copy is marked as an 20 exhibit. 21 MR. VOHS: You're going to return the 22 original to him? 23 MS. DEL DUCA: Well, I don't know that right 24 now. 25 (Whereupon, Defendant's Exhibit No. 3 41 .~ i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was marked for identification.) BY MS. DEL DUCA: Q I show you Defendant's Exhibit No. 3 and this Bankers & Shippers insurance Company and is that an insurance policy that you had? A What is this for, the motorcycle or what -- Honda. Q Is that for your '81 Honda? A Yes. Q What is the effective date of that policy? I believe it's right at the top here. A 5/7/95. Q Is that 10 F Street on there? A Yes. Q And that's your name? A Yes. Q And what kind of coverage is that on that policy? A What do you mean what kind of coverage? MR. VoHS: If you don't know, don't answer it. BY MS. DEL DUCA: Q Is that your motorcycle policy? A I don't know but -- I guess it is, yes. Q And it has bodily injury $15,000.00 per 42 1 person? 2 A Yeah, that's what i was looking at. i don't 3 know if I got that or not. I'll have to check on that. 4 Q But that is your insurance policy from 5 Hankers & Shi ppers through ACE Insurance Group? 6 A Yes. 7 (Whereupon, Defendant's Exhibit No. 4 e was marked for identification.) 9 BY MS. DEL DUCA: 10 Q And I'll show you Defendant's Exhibit No. 4 11 and this is a n insurance coverage for -- does that indicate 12 an amendment of your policy showing the change from the 'e0 13 Honda to the '81 Honda? 14 A Yea. 15 Q And what is the remark that is noted on that 16 statement? 17 A Remark? 18 Q Yes. 19 A Per visit from John Millar delete 'BO Honda, 20 add '81 Honda CB50, same coverage. 21 Q And what is the date of this notice up on 22 that form? 23 A 4/13/95. 24 (Whereupon, Defendant's Exhibit No. 5 25 was marked for identification.) 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. DEL DUCA: Q I'll show you Defendant's Exhibit No. 3 which consists of a number of papers, essentially a billing statement from Tri-State Pest Control Company; is that your signature, John Miller, at the bottom of the -- A Yes. Q -- on the two sheets there? A Yes. Q What is the date on that? A 3/27/95. Q That is for l0 F Street? A Yes. THE MASTER: What was that? I don't even know -- THE WITNESS: Bug control. THE MASTER: For l0 F Street? THE WITNESS: Yes. (Whereupon, Defendant's Exhibit No. 6 was marked for identification.) BY MS. DEL DUCA: Q I show you Defendant's Exhibit No. 6, which is a copy of an invoice from Smith's Appliances & Center. Is that a RCA TV that you purchased? A Yes. Q And what is the date on that invoice? 44 ,- 1 A 1/20/95. 2 Q And is that for $518.23? 3 A Yes. 4 Q What~s the street address that is shown up 5 there? 6 A 10 F Street. 7 Q And you purchased that TV? 8 A For her. 9 THE MASTER: Who is her? 10 THE WITNESS: For Gayle. li (Whereupon, Defendants Exhibit No. 7 12 was marked for identification.) 13 BY MS. DEL DUCA: 14 Q I show you Defendants Exhibit No. 7 15 which is a statement from Dreyfus Investment customer 16 Servioea. You had an account with Dreyfus; is that correct? 17 A Yes. 18 Q And was this your IRA? 19 A That was a retirement from GC Blosser. 20 Q And what is the address shown on that 21 statement? 22 A to F Street. 23 Q What is the date shown on that statement? 24 I believe its over here (indicating). 25 A 6/19/95. 45 ,1 1 Q What is the address there? 2 A 10 F Street. 3 Q And i believe there~s been testimony that you 4 were running a business? 5 A I had peanuts and jerky business. 6 Q And did you purchase nuts from Punches Nut 7 Company? 8 A Yes. 9 (Whereupon, Defendants Exhibit No. 9 10 was marked for identification.) 11 BY MS. DEL DUCA: 12 Q I show you Defendant~a Exhibit No. 9; is this 13 an invoice Prom Punches Nut Company? 14 A Yes. 1/24/95. 15 Q And that was sold to you? 16 A Yes. i? Q And your name is there, J. R. Miller? 18 A Yes. 19 Q And the envelope, is that the envelope that 20 the invoice came in? 21 A Yea. 22 Q Where was that mailed to? 23 A 30 F Street. 24 THE MASTER: What was No. 8? 25 MS. DEL DUCA: i haven~t introduced No. 8, or 46 1 I haven't asked him about that. -. 2 (Whereupon, Defendant's Exhibit No. 8 3 was marked for identification.) 4 BY MS. DEL DUCA: 5 Q I show you Exhibit No. 8 and that is an 6 annual report oP financial values for ML, I believe. Did 7 you have an insurance policy with Monumental Life? 8 A Yes. 9 Q What is the date of that statement? It says l0 statement produced on. Does it have a date of 11/27/94? li A No, it say, 11/2/87. oh, up on top. okay. 12 11/2/94. 13 Q And is there a data underneath that statement 14 produced on? 15 A 11/27/94, statement produced on. 16 Q And what is the owner's name and address on 17 that? 18 A 10 F Street, John Miller. 19 Q Did you do business with West Coast Video? 20 A Yes. 21 (Whereupon, Defendant's Exhibit No. 10 22 was marked for identiflcation.) 23 SY MS. DEL DU CA: 24 Q I show you Defendant's Exhibit No. lo, 25 and is that a n invoice to you dated March 13, 1995? 47 n 1 A Yes. 2 Q What~s the address on that? 3 A 10 F Street. 4 Q And there is another invoice as part of that, 5 dated February 3, 1995? 6 A Yes. 7 Q What is the address on that? 8 A 10 F Street. 9 Q And again, that was with west Coast Video? 10 A Yes. 11 M8. DEL DUCA: I have nothing further right 12 now. 13 THE MASTER: Redirect. 14 REDIRECT EXAMINATION 15 BY MR. VOHS: 16 Q John, all of these documents that counsel 17 showed you, I think, there was 10 of them, any of them 18 indicate that you were not separated from your wife? 19 MS. DEL DUCA: I object to that. That~s a 20 conclusion. 21 THE MASTER: Sustained. 22 BY MR. VOHS: 23 Q John, the West Coast Video envelope, did you 24 tell West Coast Video that you were separated from your 25 wife? 48 1 A Did I tell them? 2 Q Yes. 3 A No. 4 Q When this came in the mail in July of '95, 5 were you sleeping with your wife? 6 A No. 7 Q Your nuts that came, January of '95, did you e tell them you were separated from your wife? 9 A No. l0 Q Were you sleeping with your wife in January 11 of '95, when this receipt came in the mail to you? 12 A No. 13 Q And you already testified that you were 14 paying all of the bills; is that right? 15 A I paid all of the bills up to the accident. 16 Q At 30 F Street? 17 A At 10 F Street. I didn~t change my mailing 18 address until after the accident? 19 Q You continued to receive mail there probably 20 even after th e accident? 21 A She used to send it down to me. 22 Q Same with your insurance company. You didn't 23 tell them tha t you had moved until after the acaident? 24 A Yes. 25 Q They sent their policy -- a9 -,:: i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A All my mail went to F street until i went up to the poet oPPice and changed my address, and when I did that, I really don't know what date -- I paid all of the bills !or a year eo all of my mail was going to the house. i was going up and picking the mail up Por a while. After the accident, she sent the mail down to the house. Q I want to just clarify this stacking issue. You had a conversation with your attorney for the accident? A Yes. q What was his name? A Bill Douglas. Q Right here in Carlisle, right? A Yes. Q As far as you can recall -- MS. DEL DUCA: i think this is hearsay and I have a problem with this. MR. VOHS: She opened the door on this. We went round and round about this. I want him to clarify -- MS. DEL DUCA: No. The attorney is not here and -- THE MASTER: objectionable questions. MR. VOHS: THE MASTER: MR. VOHS: Well, she didn't ask him any If you want to clarify -- They all were. Well, you didn't object anyway. i did. You didn't rule on it. 50 /'1 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 THE MASTER: I didn~t rule on the specific issue about the question that she asked about whether the daughters -- whether he had the daughters sign at his request, and then you said that -- you told him not to answer the question. You objected to her line of questioning and I said that I couldn~t rule on the objeation. You said that you wanted to talk to him then, and you did, and then came back and let him answer questions. Thera was no objection at that time to any of the questions that ware asked. Now she is objecting to your question based on the fact that any information that hers going to testify to about what his attorney told him would be hearsay. MR. VOHS: what the attorney said. in i,rocessing this claim. rule. Its not offered for the truth of its offered for his state of mind Its an exception to the hearsay MS. DEL DUCA: I donut believe it is an exception. Heys quoting an attorney and that person is not here and that~s hearsay. MR. VOHS: Its one of the exceptions. THE MASTER: What~s the question again. 24 BY MR. VOHS: 25 Q What was your understanding with regard to 51 ~ ~, 1 this stacking of your daughters' policies? 2 THE MASTER: He can answer that question. 3 His understanding about it -- he can answer that. 4 THE WITNESS : My lawyer told me that he -- 5 MS. DEL DUCA: And I object to that. 6 MR. VOHS: It's going to his understanding. 7 MS. DEL DUCA: He is getting into hearsay e information from another - - 9 MR. VoHS: it's an exception to the hearsay, 30 Mr. Elicker. If you would like some law or a brief on that 11 issue that's Pine, but it' s one of the -- 12 THE MASTER: I personally don't much like the 13 hearsay rules anyway but I think I need to be educated a bit 14 about this particular exce ption because this issue doesn't 15 come before me frequently and I don't really have a quick 16 response to this. You're saying he is offering it for what 17 purpose? 18 MR. VOHS: His state of mind in processing 19 these insurance claims. 20 THE MASTER: But he is stating what his 21 attorney told him and his state of mind was based on 22 comments apparently, that his attorney communicated to him 23 which would be hearsay if he says what his attorney told 24 him. 25 MR. VOHS: No doubt it would be hearsay 52 ;-~ - 1 except it's one of the enumerated exceptions to the hearsay 2 rule to prove his state of minds not to what Bill said was true -- I'm not sitting here trying to say Bill even said 4 this or it's true what Bill said. I'm saying his state of 5 mind lrom what he learned from hie counsel led him to do X. 6 It's not hearsay. it's not going -- it's not even -- I'm 7 not trying to prove that that's what he said. It's his 8 state of mind. It's one of the 16 enumerated exceptions. 9 MS. DEL DUCA: We don't know what the l0 situation was between he and his attorney so we can't 11 Follow-up with that. Ise can say his attorney told him 12 anything, and yet he took these forms to his daughters to 13 get their signatures. The attorney didn't do that. 14 THE MASTER: Did you take the forms to your 15 daughters on the advice of your attorney? 16 THE WITNESS: Yes. 17 THE MASTER: All right. Let's leave it at 18 that. I'll leave the record open and you can produce -- 19 THE WITNESS: i took them up there just to 20 save them a trip down to the lawyers. 21 THE MASTER: You took them there because your 22 attorney told you to take them? What else do we need to 23 know. it doesn't matter what Bill told him. Bill obviously 24 told him to take them down. 25 MR. VDHS: I think it matters tremendously 53 i \1 1 why he even took them down there and he can testify to 2 that -- ~ THE MASTER: Because hie lawyer told him to. 4 MR. VOHS: Befare the Porms even came in the 5 mail, his lawyer indicated to him something that brought 6 this whole thing to the forms coming to him. 7 THE MASTER: Why donut we hear what the e lawyer told him. Why donut we get Bill Douglas over here 9 and clear all of these questions up. 10 MR. VOHS: Ism not trying to say what Bill 11 said was true. Ism trying to indicate his state of mind. 12 THE MASTER: I think Bill Douglas is the one 13 to -- we go to the question of whether or not there is an 14 underlying issue here about fraud and whether or not he 15 should have even had the claims processed -- I think we Head 16 to know what Hill Douglas told him and why Bill Douglas told 17 him -- 18 MS. DEL DUCA: We are impugning his integrity 19 right now. 20 MR. VOHS: Whose, Bills? 21 MS. DEL DUCA: Yes. 22 MR. VOHS: Bill Douglas? 2~ MS. DEL DUCA: Yes. If we are saying that 24 Bill Douglas told him to take these forms -- 25 MR. VOHS: No, we are not. ~1 54 n 1 MS. DEL DUCA: Yea, we are. 2 MR. VOHS: Not one bit. 3 THE MASTER: I think I want -- I would like 4 to hear Bill Douglas on this whole issue about this 5 insurance and what Bill understood when he advised him to do 6 what he advised him to do. I think that's important. I 7 think we ought to know what Bill's advice was based on. 8 MR. VOHB: It's not coming from my case in 9 chief. I move for the admission of my one exhibit and I -- 10 THE MASTER: I understand that it's not from 11 your case but I will leave Ms. Del Duca the opportunity to 12 subpoena Mr. Douglas if you want to do that. 13 MS. DEL DUCA: I will. 14 THE MASTER: Do you have any further 15 questions. You can follow up on this when Mr. Douglas 16 testifies. Do you have any further questions at this time? 17 MR. VOHS: No. 18 THE MASTER: Are you finished at this time 19 with this witness? 20 MR. VOHS: Yes. 21 (Whereupon, Plaintiff's Exhibit No. 1 22 was admitted into evidence.) 23 THE MASTER: Do you have any further 24 questions of this witness? 25 MS. DEL DUCA: One question. 55 f'1 i RECROSS EXAMINATION 2 BY MS. DEL DUCA: 3 Q Where did you tell Mr. Douglas you were 4 living as of the date of the accident? 5 MR. VOHS: I object. If we are going to 6 bring Mr. Douglas in, then the questioning about his lawyer 7 and his relationship with Mr. Douglas should end until Mr. B Douglas comes in. g THE MASTER: Sustained. Wait until Mr. 10 Douglas comes in and we will hear what he has to say, what 11 his client told him, because -- you~re willing to waive the 12 confidential relationship between you and your attorney? 13 MR. VoHS: I donut know if he is willing to 14 waive that right now or not. 15 THE WITNESS: Well, I can answer that but 16 what I want to know it what~s that going to do -- is that 17 going to put somebody else in trouble? ig THE MASTERS Off the record. 19 (A discussion was held off the record.) 20 THE MASTER: There was a discussion off the 21 record regarding a title to a Honda motorcycle. Mr. Vohs 22 requested that the title be turned over to him by attorney 23 Del Duca. Attorney Del Duca~s response was that she would 24 not give the title over today but would do that at a later 25 time, not specified. 56 '1 1 Mr. Vohs objects to the Pact that the title 2 has not been turned over today because it is the property oP 3 his and that Ms. Del Duca, according to Mr. Vohe, has no 4 right to retain the property of another person. 5 (Whereupon, Court was adjourned 6 at 10:45 a.m.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 /"'1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I hereby oertify that the proceedings and evidence era contained fully and accurately in the notes taken by ma in the proceedings of the above cause and that this copy is a correct transcript of the same. ~. ~ , Tra ~Jo olyer .i. The foregoing record of the proceedings of the above cause is hereby approved and directed to be filed. Da e• E. Robert E1 cker, II Divorce Master 58 Cltpitul f3IUC(";rotis Agent for Penneylvanla Oluo 6hlotd ma•o.namr ls•nuo or rn• P~u• Cwn •na eW eM•W Auoc W wn April 23, 1999 Ms. Gayle Miller 10 F Street Carlisle, PA 17013 Identification #188-34-2183 Group #888207000 Dear Me, Miller: ,~' A 1221 W. Homillon 6ireol Allonlown, PA 16102.4070 1 •BDO.O50.6556 www.capblue cro a e.com This letter is in reference to your recent Inquiry concerning our non-group rates, Our records indicate that you currently have Blue Crosa• 120-day full coverage, Blue Shields Plan 100, Major Medical with a $250 deductible, and prescription drug coverage through PAID Directs. The most comparable coverage we offer non- group subscribers is the Blue Cross 120-day copayment, Blue Shletd Plan 100, and Major Medical with a $600 deductible, which includes prescriptions. The current rate for this program is $1,054.85 per quarter. I hope this letter clarifies this matter; however, If you have any additional questions, please do not hesitate to contact our office. Sincerely, ~~ Mrs, Stagers Customer Service Representative LS:deNC2/8021-13 iwm~ioxi 1\'Innrr ul' Iho i1111X Ilnuuf li~rrllrnrr A~rnrd .. ~~~ Capital B1ueCroea Apanl for Pannaylvanta Blue&hleld IndoplnaMl LkMINI of VN Mw Cw/l Md aW~ 6oNN A11oc41bn i INDIVIDUAL ACCOUNT QUARTERLY RATES ..H. .~ ...... _._ -- --~ Single ,~S ~b I'arenUChlld I arcnUChildron I(usbmlJ/Wife family $985.35 ~~'~ $1,671.45 $1,776.30 $1,970.85 $2,075.70 rr ~ t 4 -I ~•.FK. ~. b Mr.n IJl« ~ M Single 1'arcnUChiIJ/rcn (lusbnnd/Wifo or fanilly $750.00 $1,027.50 $1,500.00 5ingic ParcnUChilcUren Ilusband/Wife or family $542.10 $742.65 $1,084.20 Single ('arenUChUcUren HusbancUWife or family $465.00 $636.90 $929.85 Note: These rates are subJect to change. A•23 (3NDBB) ...~ Special Care Intormatlon on reverse side Func: ~ GINX Member Income and Expenses GOSHORFt3 04129!99 09:42 MEMBER ID: 9582000037 JOHN IZ MILLER P Number of Exemptions: 1 Tax Year: 1999 State Tax Rate: 2. ao Local Tax Rate: 1. oo FICA Rate: 7.65 Total Income: 169e.92 Total Expense: 343.6a Net Income: 1266.3e CODE Description Amount Typ Monthly Allow SAL SALARY SIT STATE TAX LIT LOCAL TAX FIC FICA TAXES FIT FEDERAL TAX S••#rO003:COMMAND COMPLETED I A D 169e.92 S M " 44.77 L M 16.99 T M 122.32 F M " 160.46 BACK PREY NEXT ADD CHANGE CALCULATE NETINC Func: ~~raINX Mornbor Incomo and Expensos GOSHORFB 04rz9199 09:44 MEMBER ID: D882o90037 P State Tax Rate: 2. eo Total Income: 917.26 SALARY STATE TAX LOCAL TAX FICA TAXES FEDERAL TAX Description S-•;<10003:COMMAND COMPLETED GAYLE R. MILLER Number of Exemptions: 1 Local Tax Rate: 1.00 Total Expense: 1x3.23 Amount 70.17 50, 21 Tax Year: FICA Rate: Net Income: TYp S L T F 1999 ?.65 754.03 Monthly Allow 917.26 25.60 9.17 70.17 58.21 BACK PREV NEXT ADD CHANGE CALCULATE NET INC .,•, ~1 r . 'S w VI 1' ; Y V I "~ ^ 83 ~,, .. ~~ ~ V ' Y iW p ~ ~~~ ~1 J ~ Np1 ~ r L s~ a M M M ~ V O P y \ V ' p b h ~ P P n n O j A w L r V. O ~ r r C N VI M y w Y u Y y~ rl L M VI M Y N N FOO w~~ wl.l. n a q 1-PM N 11 N w L v C O I i Y N 4 ^ M K1p L M » HJJ p ~L ~` L (WW Y y 1 C 0[O( 1 J y D SJJ ~ y Y ~ A 7\ w M1 L 4 ~L N S ^ r. ry O w O ~ r .. ~ M O ~ 11 Y r Y I a w V C 4} 1. U J H w I ti F M p M G u Y ~ ~ W J H I11C( ~ `~Y M WTI ~ M ~ ZI~M ~ N 1 pK ~{ 1~l ~ w~ot J O L uJ 4 O N S1G 0 •( w u u ? ? JW W 4 O ~ A w4W w F W Y y L C R y V~N ~ N ~II~pJ Y 1 H O+O S w r M P 1 v ~ c c r M O M N N 'l U 'C Y 7 f. M ppV O M N S ~ dPP V ~ ^ • Y ~ y M M \ \ \ y p ~ 1. p . ~ V O 40'7 Y r YI u H 4 ~. ~8..8~888 & o ~ Q ~ c. o u N • ~ $ o d B ~tl ~~ ~ N ~ U L ~ L V 4 C N 3 u O u O O ~Ma G n 4 Y 1 C N A u L FFFQ IVr~ J P N g N Y 1 1 1 .p N wy JW ~ M w ~ ~i O f Jwyy ~O ^ ' V •O 6 Y N ~- W w 9 ~` Il u p lCyi Cu [ T$J; ~ r .0i q q~ y ~ qL YI I~ • ~ 11 Y S 7 ~ m ~ Q ~ *~ ggg~ S3 ~~~,. a . ~ W a ,t. ~f , ..4 . ~; ~ ~ I p Newe•C ~ .~ hro ' pB~p~. ,.~ r.~~a.?~ ~Yr 7ka ~~i(}r~A~ ~~a; c~ :i r .,. Fr~ ~ . (~~~i ~Y,~~ln>.. 4 . ,I ~ ~in~}}~}~d~+~n~~':, ~... . -n~r ~r.'` r MIY ~r r~I•Y~,'u~~~~ '~1 Y „ ~ . ~ aJ + {~ M i j~ lira ip'.t :•• ~ r a 55i6Iuo.~tlrla ;, .i~ ~ r . ~ " a ~;~~ tr°''~ ~ ~I$~ ~i~~i~~ ta{ 1J CyC~B-'C~~.S~l.~' 's ., t 4 'f ta~f%~' ~',~~ roc rF~~1 w'lllialC~'ti A 61 y~r-'~`pld~>~i~(and,bb L ~' ,:. r i i,a}rla. ...w..w..w4rw.s .,,,ww •w ..~ 7G•yeer= Id fa he ~•Are in w '" eorloue.oonditlon today.in the care w ter'•thl with'd. ft.' M John r,,a: ~.~ L Val;. hayys , istidnti gident . ..~~ec,- are .ru by of their. tore, ialur h>ar '"~ ambulAncb' tTo;~H!'mbetlbuY'g .,1 lloepital, ~ppttn9d'~orr'about . 10 minutebb' en~Ai •11(tAd to" the York ~Ioepltall Trauma Qontor by Llfa' Lfon, helb coptor, according,to police. .,,. ~• ~• ,. . ~ ~ r'. r ... ~ . ,, . .•'.~ . . ,' '' . . , . la ,~ . . ~r • ~ ~ '~ ' , •! a ~~ r I ~VI 111,1'111 y (i.\1'Lli It, h111.L1iR, IN lllli CUlllt f Uf CU\Ih1UN I'LIiAti I'LAINfII'I' Cllhlllliltl.~\NDCUIINIY,PI!N\tiYl.\',\\L\ Vti Iri)hllitillC I(CI ~\1It)NS ~fi IU)N 1'1\'11. AC I II IV • CI'I'I'I Ilt 1 1(111N H. hlll.l.l`.It. 11111:\I1\VI Nu. 117 til'I'Inlltl I'!yn ('l)\II'L \1\ f fUlt 1111'1'O11 l' I. 1'IainlillretiideiaLL11"P"Street.C.ulitile, l'umbrrl,uid Cuunq,I'enn,)Isania. I'laintill',Sucial lecurily Number Is 13dJ1i.11SSH and Jahn ni birth is June _'1, I'LW . ?. l7ctenJanl resides:n 1JS fa,l Luulher ~uecl, ('elli,le, Cumberl;mJ Cuunl), I'enns)Ir;uda. Del¢ndmll', lueinl Secu1 ily Number i. I Sn•1 1•? I X t ,and Jale ul' binh i, leptemher 'u, I'I_Li . 3. (n- I'Llinlill'^nJDel'enJ;uuwerenuuriedun I'cbnlarv II.1'167,a1 \LlnLuul. Ib) I'lalnlill';md DefenJmu were sepcunleJ un hlnrcb 19'15 , lel I'lalndfl anJ DcfenJunt wen JicnreeJ on N'A , ;11 _ ~1. I'la4uilf anJ Defendant nre the p:uenl, ul'Ihe I~dluwing children: Inl ^urnut'hlorriage: N11IIle 1111111 I1a1e ALe IteHJellce _ _ _ - ~ r. ' i ~J _ ~ f :., . r; .1 li f;) IJ ~: Y, A~ Ilq Ilmn uul ul \YcJlue6:;. A Name Binh Uale Age Re,idence S. Plaimilt ,ceks support fur the l'ollusciny persu^+, ciaslc I2. Allllcr . 6. lal I'Inintill' is Ur"I) receis ing public asislance in rlrc ;unuunl nl'S NrA per _ ti,r the'agrywit of _. (h) I'hrimitl is recclving aJdilinnnl hraune in dre anunnrl ol'S N_~ from _. 7.:\ prc(inn, uq,pml order (vas entered ;r.ainst the del'cnd.uu an ;v1,1 in an aelion .u _ in dre auunnu of S_ lirr the suppnn ul'_ 'there are lonl nrrcarages in dw:unuum nfS N/A , The order has Ourtl loco termimued. 8. I'Lrinlil~ 6n1 rcceiv¢d suppan tiem the Uefendanl in Ihe;unuunl nl'S •LIn no un Jnenrl,er I. I')95. \\'I IGItGPORIi, I'laimil'f rcyuesls than nn order be entered against Uel'endant and in I:rcor ol'thc rdirrenrentiunedehild fist rc.uunahle suppun and medical cnvemge. (eril'y hurl IIIC SIBICItlCIIh InadC In Ih15 (Culllhllllnl and oUnched hlconre and liapensr Statemem arc true ;md cmrecl. I undcrsumd Drat I:d,e aalenrenls herein ;rrc made su~jeet w the penalties of I ~ I'a.l' ti. tiecliun JO(Id, relalin~ lu uns„orn lalsilicelinn ar authorities. i i I'laintil nt)nct: Guidelines fur child;md spuu,al wppun, and tin' alinunrl pendente lilt base hccn prcpaieJ h~ the Cuurl ul c'ununon fleas and atr asailahle ti,r iny,aeliun in the ullicr of Ilume,tic ItcLuiun, tiecliun. 1 Nmlhllano,rrtilrcrl.(':uhJc.I'enn,sls.wia I'ul). .' al's] Eal•IW]0EV 6N] ERIE ~-' ~ INSURANCE GROUP ~ ~ IW EUa Ine Po Erla, PA 185JU ~~ ~~'Y ____,__. AUTO DECLARATION9____ `_ __ NEW DECLARATIONS ___~__ AGENT _.._ AA7881 ACE INSURANCB GROUP _. ITEM 1. NAMED INSURED__AND ADDRESS .__--- LIIIIIIIIIII~llllllill IllIIIILLdlhldllLll IIIILIrILIII JOHN R MILLBR 10 F STRSBT CARLISLB PA 17013-1408 BRIE INSURANCE SKCHANGB PIONBBR FAMILY AUTO POLICY ITEM 2. POLICY PERIOD _ __ POLICY NUMBER 03/24/95 TO 03/24/96~Q03 2406888 H ,2406880 H , -- _____ ___ __ITEM3.OTHERINTEREST AGBNT - ACB INSURANCE GROUP _l -_- -'--' 309 THIRD STREET AGENT PNONE - (717) 774-1928 NEW CUMBERLAND PA 17070 ITEM y4. AUTOS COVERED y T AUTO 92 ~~E SAFARI VGRDM19Z6NB517297 P71 T27 3YM RATBLG CLASS DDP ITEM 5, INSURANCE IS PROVIDED WHERE A PREMIUM OR INCL IS SHOWN FOR THE COVERAGE. COVERAGES, LIMITS AND ANNUAL PREMIUMS ARE A9 FOLLOWS- $1 *****GOOD DRIVER RATES APPLY***** - THB FULL TORT OPTION APPLIES TO ALL PRIVATE PASSENGER VEHICLES. -- LIABILITY PROTSC~i 5UN~ACC - BODILY INJURY 5 P RSON $100M/ACC 16~ PAOPBRTY DAMNANG g_ FIMBDICALTBXPBNgBgSI SON INCOME LOSS gg1M/M NTH, $5N NAKIMUM lp FUNgRAL BBNTBPIT 1 5M 1 UNINNBASD M45M PSR90N0 gp~G6 BOD INJ ppl RR ~CC50M/ACC-_STACKED 13 UNBpEDIINJR 25M PSR80NS~5~M IRICC~STACKBD 20 PHYSICAL D G CO 8 6S- COMPRBHSNSIVgB - ~1~ DED 131 OPTI0~11LICOVB SGBB-DED 11 TRANSPSSRPSNSEB - COLL 20 DAY .{ $ / , $600/LOSS 11 TOTAL ANNUAL PRBNIUM FOR EACH AUTO 1 TOTAL ANNUAL POLICY PREMIUM $ 411 PAYMENT g 6 BALANCE p S Zg~~88 CC R Ip ALGEAUTb9APPFLAPA05~9P~LIABfSU02D~9393~NTA~PNO1B07%~O~,TAFPA03AR3%945 ITEMS UNLBBS STATED INFTHB MISCELLANEOUS INFORMATION THB FOLLOWING APPLY - ITBN 7 THB ApTO WB INSURE WILL BE PRINCIPALLY GARAGED AT THE ADDRESS BHOWN IN ITEM U. ITEM 9. EKCBPT FOR A LIBNHOLDER'S INTEREST, THE NAMED INSURED IS THE SOLE OWNER OF TNB AUTO WB INSURE. 1RJVNN R MILLER PA 12554063NUHBER 809~20/4~E ~' ~ ~ ;( ~ ~:~~ 005301 N AGTLLB 03/30/95 • • • ~ ar:E nevrn3e e;rora ~ft7~bT OCPAgtMF.Ni OI' TRANBPORiA~ION 669 CERTIFICATE OF TITLE FOR A VEHICLE ~~2 ~ 951280027004136-001 RC0112BH105941 I 81 I HONliA 33244761!701 Mi \1 IN•11 N!I IIIIIY NIM III IX 111111 II C .I YI ( VIH III YIbM II 1 IIIIf NU411P1 I a I I INN41:11 5/17/95 I'IN of X11 Yf Ir11 Y114111 xV11 I 5/17/95 qVl\II I 1111111 I IIIIf Ul41Y1[ 1 I I 5/17/951 I 012699 0 VIII IN 1111111 1.111111Ir'I!II Ills •II 11111'1.11 yixlr l'll(M 11141f 1 IMMNI \Ir 1'i INMIN 111111111 ~ Irluut n n ew D[ O- Y.IIW WIYN 1 I~w1YYlw11 U\III MUWNII ! ~ I.. .... .. .. WU t NII Nf Rb'4 NU VJ { 1•NII bf Ylby WllY A.M qU 1 ' .N\ IN.1 \I M f I~ Y. InNllnq Rrrplu UV N1-I.r INII191111[bIMIJ0111 T •~~~~ I JOHN R MILLER ( VIII IIINNIIf .•wNY,„1rN 10 F STREET ' 1 .11 Mv. N I. 1( ''""""'""" ' • I CARLISLE PA 17013 1 11•"«rW1Y NIN111Y1 NHYI II 11•Y/F """"""' II\W I I N N Nl1 . 1 .IIYY VY1N11.1[ «• IIrM 1111 Rf YS NInJ[ fl•M1IIWIINR'1lU f f' 111(111Y III 1 • IIfIMIpU 11411 I YID W W N CIl N 1!1'11 N NI b1YI1V Irl it lr!M Iq 11 A9111 N1wN V • Nlpll CUN IYM p N!" N NI w •IInr1101fp W IQ1111f NI/MYIIM .•IlrrlprN4p I ', ~. of .. M11111}IY 1 Il I rv . u1N rrI1lYrr ra 039036 JOHN R MILLER 10 F STREET CARLISLE PA 17013 .. (r..nN I«Y.rw N w«I pm Ylrizpn .J IM1. bN Yrl. sr ~.. ' b1UYr mnl bnwA IM Gr ro Ilw INrOU W MW.f VNrre 1.r11 pl eq•q+nM Nrm w.l Mr I\ e((DMgUUpIWfD of I „ { 1 11wlfr n\ M Ilr MN• 11 hV r, Ilr 111.I,h.r rv•h IJ Ilm Hr.nllcvwl byy.rhY nl I IJ I1Yy.YIN11N1NI.I IIN11Ilr InIN.Jllp.mquNn Iw1wll.rmll.Iln lMl~/1M1r1 .A Iw.NI Mlw V ( G 11YIpq II1NI LW Yrl In UIIIXH Vl u r I:, •~ BRADLEY L MALLORY &nflfp of Iumllmllllnn . m O«w.1.1w pN Mw M..n1' 1N.1 or o IMtYN Mr w(Iw Mnl M"Iwwrl w Il.l.wn NI tl N.rX.Np Nn rwnl N Nr w1N. IN owl 1 n INIw rJ nw ~- x« nN M 1Y.M1 wrw I I I, I 1 11. .. Mlpl l GIY !Y~ Ila y.FU1.'l InN 1 n.N.~\ NI r rFU I. 1 n1A \~ rl 1.• 4 F.~ ...a I• •Y\..«I w•w !I«~ I \r Na n.l.~l.n......1 r xa~ N-IM r...rn •.I I.N I..n •.IIIII..N rY rrr lrll. rl Illil rY .i il~rnylll... r11 NNpn In! 61111 ~ ,.~ 1 A T'- /,~~ 1f ~- .. _.'"~.""~.~. ~~ IVJJV'IVVV I VVlil .'c 37D IjAt19~Ir~A~5~11~~K!1~ BANKERS AND SHIPPERS INSURANCE~COMPIANY~r7rJr-~1,H.r, , 1Jmm~wmtllmw 0flkr PO Bnt 7JI" •Ilvhn~lnn HC ;7; IJ 14mrtMlip IJN OiIu DtM,t lu1y~mmrq•:1unt JnJ .. Ro^1nILl1. CI Iw.Ni NEW DECLARt:TiON * * * LF'FECTIVE 05/07/95 EFFECTIVE FROM 05/07/95 TO 05/07/96 JOHN R MILLER 10 F ST CARLISLE, PA 17013 PENNSYLVANIA MOTORCYCLE POLICY MPA 705564000 006530400 ' PHONE H (717) 779-1928 ACE INSURANCE GROUP 309 THIRD STREET NEW CUMBERLAND, PA 17070 VEHICLE3 COVERED UNIT ST TER YR MAKE-DESCRIPTION SERIAL NUMBER SYM CC CLASS ST AM CHG DATI 001 PA 027 81 HONDA RC01128M105941 02 0750 MM5100 05/07/9: INSURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE COVERAGE LIMITS OF LIABILITY BODILY INJURY $15,000 EA PERSON $30,000 EA ACCIDENT GUEST LIAR $15,000 EA PERSON $30,000 EA ACCIDENT PROPERTY DAMAGE $5,000 EACH ACCIDENT UNINSURED MOTOR BI $15,000 EA PERSON $30,000 EA ACC UNDERINSD MOTOR BI $15,000 EA PERSON $30,000 EA ACC PEDESTRIAN PIP SPECIAL HAZARD SURCHARGE APPLIES TRANSFER DISCOUNT APPLIES DRIVER ID DRIVER NAME O1 JOHN R MILLER 02 TINA L MILLER 03 VICKIE L MILLER PREMIUMS UNIT 1 8.00 28.00 8.00 12.00 14.00 INCL TOTAL BY UNIT 70.00 TOTAL TERM PREMIUM $')0.00 1 LICENSE NUMBER BIRTH DATE 12559063 09/20/93 21892552 00/13/48 22775928 07/15/72 APPLICABLE FOAMS FOAM H DATE UNIT FORM N DATE UNIT FORM N DATE UNIT FORM H DATE UNIT MC-37C1 02/95* ALL MC-37D O1/99* ALL CONTINUED ON NEXT PAGE INSURf:U CUI'Y AonrJin of Conlrnl 1'nnr.ylrnnin 151 llul Laulhl r Slreol Grlbin, I'ennq lennln 171117 (717) 219.1979 I•arK,•71s•19ua 14r (7171119.9179 CONFIRMATION 'r0: John R, Mlllor 10 "F" Sl, Carlisle, 1'A 1'1013 ord~a. 6ndoreoment oroyolo t;ovornlln Pogo 1 . 4/13/BG 1 . . s e 118118000 1103'!G Amend the following: From- 1880 Hondo Cucl<nn 4101281 To- 1881 HONDA CU /GU CUSIUM l1C01128M10G841 Torritory: Frorn- To- 0027 Por visit from John M(Ilor, rloleto 80 Hondo, and odd 81 Hondo CD '160, Same covoroges. Thanks, UL11 " End of Ordor , IIIUST[CS er ISSU[n S none. elreel ulduq, dlr. ,LIn end Ilr code IIREYFUS INVCSTMENI' SGRVICES CUIIP 2 MC•LLUII ISANI< CGIIrflR 11UOM 177 P1TTSUUR011 PA 1626U 11N3131'S er gSUlIF3 hdonl q no. rMIM:Pr 111 5 wrhl eerudly nu 26- 16303 14 I U1~-34-2 183 rAATICIrANT'S name, elnel eddnee. NIY• enu enJ 21P eeJe URBYPUS 1N\ L'STMENT SL'IiV1C[5 CU51 , I'UI e1011N R MILLER 1RA 1o r• s1Rr.er CARL CsLE PA I'!U I8- 1401, I1IIIII111III1111I IIIIIIII111'll~lll II II III II II IIIII'llllllll) fid$IBdB'/ G6 0l loon 6498 UCl)ImF.CI[U (il clmckodl nnruh, nA eannlnuuenl meUe In ISa1 enJ IS9S OMO No. 1615-0717 Individu la, 1071 Retiremel .I„ never elA r ml,dlune"' ~1~94 Arrangemel 2062 I . I I Informatic Ub mwunq [e11 Included In Vow 1 Copy /etr mulel vetul of ecc"unl • F I 1876 .64 Pertlcipa Tbs Inlormn In boASL 1, i .nd 1 b be Iurnirhod to IntarnN Revol Sarv L IlKnop lar your raem~ Uoparunonl of Iho Traemry - Intoned Rovonua 5arvico 410'° ' /, ~:~ c PA MO WV TRI-STATE Pest Control Co. Inc. Route 8, Box 48 Hagerstown, MD 21740 (301) 797-5288 ~ I SPECIAL INBTNUCTIONB•00•AREAB TO OE BEIIVICED P.O.. PAYMENT IS DU E WH EN SERV ICE IS PERF ORMED ... J CIIEMICAL % AMOUNT ) ~"/ : I1- r t a ~ L f f "'' BPECIALRED EQUIPMENT U9E0 O Meil Accl. O CU118C1 ACCt. O E+b11n0 Conlnel ^ N„v ContrKi aNn OW aa1. nom•~oo.y. oa..no~l•eAionuu O'r.imltr Tmlm.nl O Powdw Pw16.NN Tnd. LIME ON JOO•E%CLUOINO Tf1AVEL TIME OOId Wood 9onr OOdNn FnOM.S~~ ;3Q AM 10/~ UU AM Tndm.nl PM PM ~ TOTAL MAN IIOUN9 BALEBMAN i~ ~:t ~l r u r~~ 302 ~'`~/ /YJ o r/C snL~s corn . ,_ SMITH'S APPLIANCE & ELECTRONIC CEN 3 ER .,~lonehedge Drive P.O. Box 628 CARLISLE, PA 17013 (717) 249.1911 CU/IOYIR'•OROIR RO. PNON/ 3 011T^ ~ nAUe p~ AOOR/^ IIrr^^\\ _.. ._.____\v_.~~__~~-____.___._._ lOLO BY CAOR O.OD. CNARO!_ ACCT. ADlLNID. / / PAD OU T ~n,~ 01Ve r .r.-r; v.'gr bQebgl ,~ r,;T~:,~~P rt~1U n r.' ~~ ,r G.. ~ ~~ , at1 ~ . S ~~`nfiT. ~.Yl n: -- - -~_- ~ --- ~ I --- -- ~_ j-- - ~ I ---- I I --- - - ------ -------- - ------ --- -- L-- --------- Tex R/cuveD sY TOTAL I 7 3 g 4 A11 Dlelme end returned pood• ~ n MU9T bs eccampanlsd by lhl• blll. CVIiU1U_7_IKK~. raw l" /~ ~~ .; ., ,;~ ', "• ~; ;; , ;, i ~!. ~~, p~1 Statement RRYPUB RA'l'1 O i 1411un'I'runl IhIRd61 1'illebur III I'A 1525'~000I 1 •RUU•2~!•734'1 DREYFUS INVESTMENT SERVICES OUST, FBO JOHN R MILLER IRA 10 F STREET CARLISLE PA 17015 Accuunl Nunthcr a9919DeT-OS-O1 tineinl ticcurily Nunthcr lDa-39-t1e3 tilRlcurcnl Irwm 07/tD/98'PUOB/tb/96 Ingo MUTUAL FUNDS ANO OTHER SECURITIES SOLO TIIROl1Oll DREYFUS 1NVESr11ENr SEIIV1CESr Al1E NUf (AlAl1ANTEED OR INSURED DY TILE TDIt OR ANY OTHER GOVERNMENT AGENCY, ARE NOT DEPOSITS OR OTHER OOLIOATIDNS OF OR GUARANTEED DY ANY DAN!( ANO ARE SUOJECi Tf INVESTMENT RISKS, INCLUDtrlO POSSIBLE LOSS OF TIIE PRINCIPAL AMOUNT INVESTED. U,S. TREASURY DILLS, OOIIOS AND NOTES, ANO CERTAIN OTHER U,9. OOVERNHEIIT OOLIOATIGNS, ARE DACKEtl OY TIIE FULL FAITH ANO CREDIT OF TIIE U, S. GOVERNMENT. Actlvily In Yuur Account Unto 'I'rmm~ctlun Qum,llly UcrerlPlinn Price (I) Amount I OB/1B/9B DIVIDEND REINVEST b5.96 DREYFUS MONEY MKT RESERVES R tiwlldllot In four Arcounl ' Qunnllly Ucrerlpllnn Ihlcc (f) Alnrkct Valuo (f) 1L,St0.a9 DREYFUS MONEY H(T RESERVES R 1 lE,3E0,a9 'I'ulul Mnrkcl Vnlue of I'riccd 5oourilieA Ie,3tD,a9 Irhumclni Sununnry UrcyfuK Money ~lurkot Porlfnliu Sununury <:unlrlUulhtu 5lunmury Yuu I lnve RcleclcJ Muncy Mkt Ilvr• Il An Yuur Cnrh Kweep Ilpllen. 199! (f Ihcyllu Contrlbullann 0.0t Mancy A1kt Ilcr• It Itolluver 0.0[ Opmtinµ Ilolnn~r lE,ta6. QA UbUlhutlnne D,at Clndnµ Ilninnca 1E, 320,69 1994 (3 I'crluJ UlvklcnJ b8,96 CuntrlUullolu 0.01 Y'I'U t11rlJend 996.36 Ilolluver t0,atl.ll 1'Ie1J' 6.95 UUUlbullum -9,000.Ot '' 1 0 6 w s a10 >a~~ io~x i :• ~' 7 u.oew 04~~ ttW ZZZZZZ SaaG ~o ~~~ i@ a 5g •~~ t~ 8888888$8s88 a~ a~ oouooooo0000 • m °oi~i~na°mrrlaal~~ ~ N ° $ g ~ ~nmm~almnmrvu i m~l > wloarr•~1-mamas m LL o~ 00000000000 fi Y q y Z U ~ ~ ~ ~ N N I ~ ssssssssssss q} 0 0 0 0 0 0 0 0 0 0 0 0 ~Y 1 J J MMa K 0 _ n a ~ n ~ :. Y ti 4. G wi ie z a 8 n as l v ~g _ o vIa o a ... 1 . .. .. . . a i v v 1- w lu w LL O ~ O 1111~1 .. ' J o w J ° 2 ° 0 { w oool•Imrm~rlm rl lo u a ar ro• rrl r - o a w J a 14 n 411- v ~ r ~ m r r 1- r• a m ~ a aH ule NmYImmIII 1010aa101• vvvvvvavnvvv m s > ~ ~ ~ ~ ~ p 1 - N ' ' Y ui ~ ~ 4{)1N r1N •~ Om1~lOm ••I1 rl ~ m W m N m V V V rl O 1 4 F W W Y > 2 C Y Y V v N 6 O F 7'1 1 A 41 ' I ~ y ~ U I M lu -J yx1 >~ 4 a W ~ 8K Y N O 1 O O ( o8n8d `d o8b'8b5' J > 8iu , , Z .Twa vvvvv~•rv~a•i•i o yy aw tS ~ ~i (] a O b Q J 2 U 111 ~~ sasssssssssa o ioao oo au ~I IIa ( o o ti ~ v a 0. IN s h o .I , ~ ~ I (10000000 sU Od ~ ~ as ~~ ~ w w w O U O O O D U O D U U ul 4i J V 1 1 r N Kul 1 1 a a n T z 4. .1 as e 1 ; ~1 '']] y [I O "'iii pp 41 vI b 7 rl v V V v q Y •1 V 9 •1 41mmm• mmmmmmo~ 1 1 1 1 "'a' i.. 1 1 1 1 1 1 1 1 rl fl N 1' I rv r N r rv rl c~aa Id d Gd ~ 2 ( ( o o llu 11 1 1 1 1 1 1 1 1! I .~, tsi~ n 11~ :•loo'iid'~Ilkiin~i~: .. ,.-... ~. 1 {. I ~~ ^ ~. M P. ~ ~ '.,~, p. 7 ~i ~a~ ~. d GU ~°. w ~ ~ ~ ~ •I ~l n ~ ~~ ' cn -n '~' ~> .-- J O _ GI .,,~ 10 ~ ~~ 1 n ~ g ~, ~` ~1 '11 ~ I a'~ I I 7 ~~d .r~l. AQ97t33 NUT CO. :,IIF:ASI'AYg AIf:UINA,N.Y.NIat 1'Lune 716~7911~711'NI I .. I sl ll.u ru ._ i . ~L . l l \ : ~ V: ~ , I 1 I , , <- r1~1 '' .'1 ~~.. I'Iti'I'AI:IIIU NIfIF r ~~~ r.~.. ,~~.IIIIA%ILNII'15 .,.~ r r,c± ,~.51'ANI~II r.. ALA111NIIti ~,~ ~.n • , ~ ' 1 ~ ` r~ ~h• ,1 U` h~ i ~ ' ~~ X47' 1 ll fF:IlA15;1(Idny~u~l i• /o ~' ~~z` u~~~l OAI[: ~°-~~ 9'S cuslntuxa nnatn Nu NAME. C ..__.- -- - G 3 _._._ ~ ~__ rt S ----.... douAEq _._-~- ---....~____ _SOlOAY_I CASIIICnAI CIMxO[IONACCL ~. MOtE. AEI'D =AI000I- • Sdell Cl nup[uln CrAolru U WIIsmIJOnAe •S!'10 CL Inp4gla•CuMdp[ ~ +'RII ACCR IISd, L¢ Mrdrn USA RICIIVW AY ~_,__,,. _. ,_ _., n I)k ~5,2a9 Ai! .111 T10_ (iA1'Lli It, MILLIiIt, : IN'I'lIG CUl1R'1' OP l'OIs1MON I'LI?AS I'LAIN'I'IPf CUMIIGRLANDCOUN'fY,pIiNNSYLVr\NIA VS : I)OMIiSI'IC RI'.LA'I IONS tiGC"IIUN CIVII. AC'I'It)N • SI II'I'Ult'I' JUIIN It. MILLIiR. UI:I'IiNI)AN I Nu. 117 SUI'I'tllt l 199u ('0111'LAIN'1' PUIt tilll'I'Olt'1' I. I'Initniff resldcs nt 10"f" SirceL Cnrlislc , (lnnherlni d CouNy, I'cnnsylvnnin. I'Inhull'I's Suchd Security Number Is I Rd•3R•0558 mui date of birth is June :1. 19.W . ~. Uetcndnm resldcs at ]45 I~n,t Luwher Street, Carlisle . Cunthcrlund County, Pennsylvnnin. I)cl'endmn's Social Sccuriq~ Number is 116.1d•'_' I Itl , and d;nc of both is ticntcnthcr ?u 1943 , 3. (n) I'hdutifl'nnd pefcndnnt were nutrrlcd un I'ebruarv I I, 19h7 , nt ~ arvl:uul , Ib) I'InimBTnndi)clendanl,ecresep;n'utcdun Mnreh 1995. (e) 1'Inint(fl'and 1)cfcndmrt were divorced nn N/A , at A. I'In4ttill'nnd i)clcnd;uu me the parcnk of the titUo,vinl: ehlldren: UU Ilorn ul'tsLtrrhtgc: Nnnte Itirth IT,ue Age krsidencs ; . ' IJ , r~ d .r_ . ,~ ~,: r, fry U) ,_ Ihl Ifi,u, aw ul'\I'edlucA:N'A N:une liirlh Uatc AFe Re~idencc 5, 1'Ininlill'veelswpponl'arlhel'ollosclogpcrsanv: (ins lelt,Miller. G. Inl I'Inlutil)' k Uun) receh~ing puhllc nvsisuulce in Qle nnunmt al'S_~ per _ I'nr the support ol'_, Ihf I'Inimlfl Is rccciving nddhional Income in the nmount ofS JJ~/ \ IYmn _ 7, A pros loos support order wns entered ngninsl the defendnnt on !/~ In un ncUnn nl _ in the mnounl of S_ li,r the support of _ , 'There me Inol :Irrenrnges in the nnuwnl of S N!A . The order has mall been armhrnled. 4. I'Inintilt Insl rnehed support Innn the Uefcnd;uu in the anunuu ol'S •Id0.011 un tienren,her I. 1495. \1'I Ilil(IifORli, I'Inhull'f requests Ihnl nn order he entered agnhtsl Del'endnnl ;md in I'usor ol'dlc nl'orenlentiuucd child Inr reasonnhle support and nrcdical n,venlge. I verily thnl d,e smicnunts mode in Ihi, Canq,hdnl and nlmchcd Income and Ispenx tirnremenl are True and correct. I undersuuul tluu I'ahe suuenlents herein ore mode subject us dle pennUles ul I k 1'a.C.ti. tiecrion •19111. nlntinp m umsvorn Ldsilirnion to nmharille,. PL•Ihuil no fu~h: (iuidclinev li,r child mul spousal support, and tin nlinwnq pnldenle lilt have been prepared by the Cuun of ('ununon I'Ico, and cue nrnilahte I'ui in,prrlion in the ollice al' Ihnne+lic kelnlium tiectian. I) NuOhlhuu,scrtitn•et.(';uii,le.l'enn,shania 17011. . ~'.~ , f. ,'~~ ,~ ~• : , ' ~ ~ . f. .. i~ i~~ I. ,f ,~J ~ 1. • ~ ~ fl r, ~ ~~ ~ f~ 1278 Ihl. 0pU AT4ANTIL' Illil'OltTlat, 'ld HI•:ItIM:B tiunp, H4:1 P'.tinpp• ul 7X11 1"IWlhellu•r the dcfendnnl hod n xignllirnnl nud cuugwruble, presexlxtlug dexlltn Ill IIN IIN'll prlar In the ndxnppngirhdlnn of Iho Irndo xucret+i' benrx upon whether Ihrre IA nu ku•xtrlcuble cornea lion). i~urlheruun•c, nn hQunctlon llud burr llennwl nnd'I'he Fudge \Vorkx Prow involves meal lu the Ndge•umkb,g huxlnexA pruvklex ubxnhdn prulcrllun In 111u•IAlupher M'x U•ude xl'r1Y!lx Iw 6~uu•uulecing Ihut iiconnu will not unu Iboxn lrnde xrrrelx lu dupllrnln Chrlxlo• pher M'x fudgr• r/: Riruumx, nu)nr,, nl ~L7, 6110 A:~d ul 1'L'il .L1 luphuldh,g btlm+cllnn lhnl banned drfrnihnd curpornlinu from ne• quh•hgt plnlnllfl'x ruuqu•Ilb,r rurpurnlluu fur n period of Ihrru yrnrx, nfler dofrudnnl learned errlnin of plulnliffx Irndn xrrrelx during uu•rgrr nud nrqulxlllun urgolinlinux). NI! Lhw•efura hold Ihul the Inwrr court did wrt nbuxa IIA IIIYI'I'1!IIUII by peruuwenlly en- Jnluing Ilrnuun nnd'I'hr Fndgn 1VnrkA 6•nm cugnHing In Ihu uuuudnclura uud xnln of fudgr. Order AI+FIINIIBI). U 111 NSW III ,}IIN Onmlhy WI:LLNiat, Appellee v, Albert Jnmex 1VIsLI,NP;It, Appellnnl lTwn (:nxex), tiulx•rlor Cunrl of I'ennxylvuuin• Argacd April 10, I00T. I'll,~ll Aug, H, 111117, Iluxbnnd nn0 silo both look nppcul frow Ilnnl ardor of equlb,blu dIAU•ibuliwl of lbr Court of Cnnuunn I'lenx, York Couuly, Clvll Ub•Inluu nl Nu. H2•HIbINIGh1160EU, Ih•illhnrl, ,1, The Suprriur Court, Nux.INNif~l, INIINIII Ilnrrixburg 1111X{, I'upwich, ,L, held IhnL 11) dulo of Krpnrnlluu ~enx not In bn dole upon wldrh_wlfe nuJ liiieh~inil ILet begun In Ib~u eJmrnlr~,Y, but dpln upun_whlrh wifo. I•n- timvrd huxlniti~~'x_Imluuglugx 6•uln hrr xepn• role rrxidenrr nud told him uecer In return; (2rivlGr <<~iie alit rxlupprd from Illgpdhgl dnlo of Ilnul xrpnrnllon hl ryulhlhlr dlxU•Ihutlnn phnxe of urllnn by ruurl'x rm'Ilrr drlrl•udnn- Ilnn of diffrrrul dnlo of Ilnnl xepnl•nllnn for purpuxrx of mvnrd of xpuuxnl xupporl; nud 10) rvuuuul world unl be unlered lu mvixn data of vnluatlon of nun•Ilnl nxxelA In Ilghl of fnll• uro to rnixe INPIIe beluw• Order of equlwblu dlxU•Ihnllnn nfRrnled. I, Appcnl and I:rnn• x+111111.160 Abxeul nhuxe of dlxcrellon, lua•rr euurCx Ilndingx of furl, If xuppurled by credible evl• dente of rrrxrd, ore biudiug upon rr!viewing rnul•L !. Ubnrccc~Y6Y.811) Flnnl xepurulion of pnrtlux did nut ucvul•, for purpnxrx of ,Ielrrndning nuu•IUd propeliv to hu rqulh,bly dlxlrihnled, whan Iwxbnnd nud wifo Ilrxl begun Ilvlug xepnrnluly where Iharrnltar huxbnnd and wifo xpcul ono night u a•crk and werluyulx bq,.elher nl wlfe'x troAl• drncr, ncvnxinnully nlQuyrd phyxlcnl Inlhnnry of ww•I•lugc, vnculiuucd lugclhur, uud held themxelvex nut to be huxbnnd and wilt; xcpn- rnllun did uol occur uulil wife afllnnullvely Dullrnled lufmdinn lu Ilvu "xepnrnlo and npurl" I.1 yrnrx Inlcr by pocking huxbnn,l'x clulhrx nud lellD,g huxbnnd to Iruvx her and her duugldrr'x Iwuxe uud nut return. t~l :1. 0A•urcc c~2la Onle of Ilunl xepm•nllml determined fur purpuxex of ulfex pelhlml fur xpuuxnl xup• port wnx nut rvx Judirnln fur purixlxcx of delernduing dole of xepnrnllon for e,pdd,ble dlxlrlbullun of nwribll pnqu'rly; xchml dole of xrpnnUlnn e•nx not nl!cexxnry bl xuppnrl order, hul wnx ubxnlulely necrxxnt•y lu onler of rquhnbin dlxlrihulimi. t:l I'a(:,9.A. p :16111, ' 4. Olcurec a't IJ Wife wnx nut exlupped from Iilignling dmr Lr m,ol xep,ll•nunn In e,polnblx dixlrihu• Ilnll phuxe of uun•Ilnl IIIANIIIIIIIUII Ill'Unll by her rnrllrr nrllun In requexllug xpuuxnl Aup• purl, u1dch rrxulled in deh!1•luinullun of dif• frrrnt dolt fur purpnxrx of aupporL awnrd• G, Illvnrre C~YHlilfi, H) 1Vhru revlre'Ing order of apdb,blu dlx• Uibullon bl dixxnhdluu urllnn, xuperlnr cnurt'x xlnndnrd of rrvlew Ix Ilndlod, and n nl w k fi. Ir t '• 1 1 i tsl 'uW alb ud. rt'd •vl• mg nr, Ity nd ~ro ;ht xl- Icy ad IN• 'IY nd 1'e nd '."J nr Ir of to W rt Ir 1. ~u y ,•. WEI.I.NEIt v. WHI.I.NEIi 1'u. 127:) rib uY99 A.7J IflY 114.Nulwr. 19971 emlrt will not dlaplrh trial anu•t'a deciJlon lhl llccmnhur 1•I, lUlr., Wifu nlml u cmn• ubnent ahuuu of dlacrollnn ur error of law pluhlt requuallug u dlvarcu, equllublu dlalri• which Is denwaetrolud by clear uud cuuvlna Callon of prolwrly, ulinunry uud anmacl'n 1nµ evlduncu. teen, a,xW uud uxiwnaex. Thu action woe 8. Divorce ~'26.7Rq bllhrculed, mid the purUud tvero dlvun•al nn Proper thno fnr vululnµ nnu•Ilul prolwrly July 12, IUltil. Hubacquuully, In November of lUtl;l, Wlfu Hied a Iwlhluu fnr xlwchd Halal le prnxlmalo to dnld of dlxhihnllon, nnl xep°- which rolplealal Ihu court la nwunl her ull- ruUnn. 2:11 n.C.H.A. 5 8fd11' many prndxnfu IUn. A nmalur'n hcurhlµ wax 7. IllvurceaYtl7 hold on April I'J, Illllh Thu muatur Ixnuud 3ulwdnr cmlrl would not runumd rune In hlx ngwrl and recnnunendutlun nn HupWnl• trial cmui fur rvlvlacd vulnullou of nnu•µul bur 2tl, Ill¢I, mid both Iluxhund and Wlfu uxaulu rulullvu lu 16du of dixlribullnu, well Hied uxcepllonx la lho muxter'd declalun• lhuuµh uadulx wuru vuhuul ua of lulu of Olvl urµllmunl un Iha uxcuplinnx wax hold on xupxruUon, whuro wife xhould huvu 01711 pro- Muy •t, lUllfi. nentod Ixnuu of dnlu of vulnullun hl luwur court but geµlucted In do xu. 'L7 1'u.C.Y•A. 4 8fi(Il. 8• Divorce a~92'L Properly dnea not Inns Ile mm•hnl ch~r- uclcr Incroly Iwcmino entry of divorce drrreu In 6lfurcaled uellml bud ehunµcd IW owncr- xhlp ltnm tenancy by unllrenea bl lonnucy In common. Cldudlu DcArmcnt, Ynrh, for Alhurl .1. Wollner. Ndwarll D• (lotto, 9tuwnrWlnwll, fur Doter lhy Welineo Ilofoln CAVANAII(ill,1'UI'UVICII and 0L5'LFAVHKI, JJ.. PUPOVICII,Judµol Thlx aplwul and croex-uppoul urn from lhu Onal onlur of e1luiWhlo dlntribullon of the Court of Common 1'Icua of York Coualy Ilerohl, Albert Wellnur uxxurta Ihut lho Inw• cr nmrt erred In dulurndulnµ llml Ihu pm•- tlee nupurolal In Auµllat of Il11YL, rather 16un Auµunl of lU7U, fur lhu purpoxoa of mpdhlLlu dialrihullen. In bur c171aa•uppcul, Uurulhy Wellnur uaacHx that lho lotvur coati erred In fLNillj l0 diVI11U L•L'1'tUhl rolllx, bdercxt uud pro0in alrned by murhul axnulx hulwuun Ilw data of tho dlvarcu decree un Jniy 12, Ifllla, and Ihu data of diaU•ibullon of 16uxu uxxulx. •Ulwn ruvluw, wo unlrm Ihu Wool ardor of clpolnhlo dlxh•Ilnµlnn, Un November Ill, IUlFI, la ruepnnxo In Wlfu'x pulllinn fur xpeelul rolluf Nnd nlmoat u your mailer, Ilw amrl uulured un orvlcr dl• rcclhlg Ilexbund to pay Wifu ~ 1U,872.µ11, which ruprcxmllud Iluabund'x ulhnuny nbll- µution of upprnxlnuduly ~LIIIU.IN) Iwr month from July 12, IUUa, Ihu data of divorce, throuµh lhu lulu of Iluxbund'd rlairumunl ml Huplumbur 1, IUUI• '1'hlx order Ingdemunled, Dl purl, lhu ulhnuny (xlNlon of lhu muaWr'n rocmnnwudullon nlucu Iluxhund did not ch~t~ Imlµu the muatur'd ulhnuny dulerndnutlon In hia uxcuplinnx. Thla order did not cumllel Iluxlnuul to cnnlhnm to pny monthly ulhnuny pnndado lift. On Uccmnbur 18, IINd, Wifu Ned unuthur Iwlillnn fnr npeclul rulluf width rcquoalud dlvlalml of rcnW, pronlx and unrnlnµx Orom nmrlWl property, all of which, Wlfu nrµlwd, wuru In Ihlxbund'n poxxuxnlnn. Uu Uecmn• bur 14, IUlIfi, In runpnuxu hl thin Inellou, lhu court mdurcd un order dircclinµ Iluxhund to pny ;JILlIJ1U Iwr month hl ullmmly bcµlnnlnµ with Huplumbur of IUI)I• '1'hexu ulhnuny pun• dunfu lifo puywonW wrru hl Uu cnldlled hl• wu171» Iluxbnad'a Hoot nlhuuny nhllµutlon, uad, to lhu uxluul 16uy uxcceded hlx Hoot ullnuluy obllµnlinu, Ihuy wclw hl 6u crudlled dIH7u•dx 1VIfu'n nhuru of Iha ognllnhlu dl»U•1• halloo. 9'hu order ul»a rcaelvud Ihu I»xuo of renlx, hdm•exl amt pram far dulm•ndnnllun ul lhu Ihnu of Hoot di»U'Ihullon of the Innritul prupurly,l On July 111, IUllb, the rourl Ned nn u uplnlnu which ul'IL•nuxl Ihu lauxlur'x duhn•ud• 1. Ile Uecrmher IA, 1995, the cunll, upon cuuaht legl. 1hh cl(rcaaclY ndured Ilu+b;uul'+ ulluur rrullun of the nw.lcr•. lepon uud Icnunua'lldu~ ny ubhputlnn lahlrh wu~ mgUnullY nnnuuu•ndcd r Ilan unlelcd Ihubond lu m Sad~!lA ,cr nuullh Y I 1 I Y I 6 Illy IIIIMII'1 heC111Ne a IIIMhullll•e lelhrlllclll. d III YIIIIInIIY lilt Ille~ la'll „IICIIIe IU de111Clllhtlr ,d 12H11 1'n. 6lNl ATLANTIC It7;l'OIITI';It, 2d Nliltlli9 nnllnu that Ihr dart of xrparnllnn fur the purpuxrx of rqullublr dixtribuliun of properly N'llx AHg11Nl Ill 1111PL, t1111I rl`IIIn1111141 1111! rllxl' to Iho nulxlrt• fur eougdrllun of Ihx rrrut•tl u•Ilh rrgnrd to Ihn enter of the Af'I'A Credit Ilninn xnehlgx uccouul nnd Ihr nuuilnl pot. (Inn of Ihr value of Ilunbnnd'x Ilnllluun•e lily prnxinn. Ile Brplrmbrr Itl, I1NIfi, Ihx nuwlrr held unulhm• hrnrbq( nnd, Ihrrrnitrr, un Ile. Inbrr 111, IUUfi, Illed n xapplenlrnhd rrixwl w111C11 dctermhuvl (fin velun of Ihn A1'I'A (hrdll !!oleo account and Ilnlllnurrn chy penxinn nnd Ihr murllni purllnn of thnxo nx• Hl'Ix IIA Ill Ills IIIIII! Ill xPlllll'lithlll. '19u! nulx~ Ire nlxn I•rcununrndrd lhr uuu•Ilnl rxlnlr br dlHhibuled Io iha pm•tirx equally, nx find prevlauxly been decided In hix 6rel reconr nlendnlloa [•:xcepllnnx to Ihlx report q•ut•n Oled 6y bath Huxbnnd nnd Wlfe• In nn opinion Olal Auguxl fi, IfN10, the luwrr coot( rrJrclad for the xrcnnd Iluur Iluxhnnd'x IL4xC1'Ilnil Ihn! till! data of xepnrnllnu wnx actually Aulpixl of 1!17!1, not Auguxl of IIIt12. 'I'hx court then nflirmed lho mnxlerx equal dlviHlan of uulrl• tnl properly with each pnl•ly n!celvlug ~tUl,- G(Il.~i(1 In mm•Ibd properly. 'I'iwxn nppenlx folloucd. III Abxl'nl nn nbuxu xf dixcrellnu, lha lower cout•t'x Iludingx of 6m1, If xuplrorlcd by credlblo ovideucu of record, nru bindhlg upon a reviewing nmrl. Culrfnu n. Banton, d31i Pn•Bupcr. 1211, IAd-130, 1417 A.'LO fw1U, R14 (IUtI•q, rntrlmrd nn nfhrr pmronlx, frlfi 1'n. 3SII, UA1 A.2d 7.12 (IIItNq; CnmpGcl! v. (:mnp• hrl6 3fi7 191.Buprr. dH~l, dtNl, filU A,2d 31i~i, 3MI (IUAI{), Ih•exenlly, lhn lower court adopted lho factual Ondingn nnd Irgnl enuclu• xlnn of the nlnxler with rngmrl to dole of xepnrnllun. In Ihn rl!Ilurl nnd remuuncndn• llnn of Beplombcr 2H, 1(1114, the mnxter xe~ forth the 6u'bI which nro perlhu!nl lu Iho xepnrnllon Ixxur, ux fnllmvx: I'L. 61 Auguxl, 111711, Iluxbnud nnd \Vife were rrxldhlg together n( Hege•oud Itund hl Fork, Ablrylnnd, 19, ht Augltxl, 11170, Wifux fnlhrr Ivan III nnd Wlfr. wnx vlxiling her nudhrr'x home on n dolly 611xix bl help wllh the core of her Odher. WUu find nn rnr xo xhn wax belug lt•nuxpurled lu4ce a day b>' her Ihlxhuud, 61, In Auguxl, IU?U, the Ihwbnnd fnllyd In upprnr to plrk up Ihr. R'Ifo nl her nudhcrx rexldunre but Iho Iluxbnnd did urrivr n G`u' dnyx Inter whh lhn WIfBx rlolhcx which hr Irfl nl hlx uullhrr•krlnu'x houxr. '1'herr wax nn ennverxnllun nr nay ulhrr rvldl•uro ux to iluxbnud'x inleulionx, 16, Wife cnnlinurd lu Ibe n( her nudh• cr'x hnuxa fur n petted of yenre nnd even~ badly uulvcd, whh fiat uwlhcr, to Blew• nrlxlmcn, I'rnnxylvuuln Ivhcre uudher mul dnul{filer rrxldrd lu a huuxo bclnuging In R'Ife'x daughter. 11{. For n period of lluln after Auguxl, 111711, Iherr n•nx nn conbu•l 6cherml Ilux• baud Iwo 1VIfe 6ul Ihrreuflrr contort tvnx rrxunuvl nnd ovm• the euxuing ycnre Iho runtm•Ix buhvrrn Ilunbund nnd Wlfe wrorn t1H fI1N11N'x1 GI) They Inolwd nl rare together. (W 'They e•enl for ridcx Hod aenl out fur nlrnlx• (c) Iluxbmul vlxlled Wifc nl (hair d~ugh- trr'x houxe nnll xtnycd ovendghl nv- rry Wednexdny, ' (d) Iluxbnnd cnuw every hlidny nl~{hl bI Wife'n dnughler'e huuxo nod loft htondny morning. Uurhlg lhexn vls• Ilx, lhn Wlfc cooked fln• the Iluxbnnd nnd did h1H Imuuh•y. (e) Bexunl rclullone bchvncn Iluxbnud nod Wlfc occurl'ed un nn uvcrugo of IUICU 11 Illlllllh. (q Iluxbmul repnnlally I'cquexted lho 1VIfc In return lu lbo Fork, Maryland nddrexx. Thn Wifn relaxed duo to the foci that lhu huuxo wlw nut h~bi~~ able nH the wnlm• woe polluted, only ono 6nlcel worked nnd the xepllc balk wnx defccllve. (g) burlug IUA'L nnd ItIA3 Iluxbnnd nnd Wifn look Uipx In q{c ocean, vlHilcd glu•denx nnd xnnm of lhexu lrlpa terl•e nvm•ulghL lh) When Iluxbnnd oral Wlfo xpmd lhr nlghl in n nadrl, they reglxlcl•ed Iw huxhnnd nnd wife. ••• lA, lu Auguxl, IIIU2, Ihxbnnd m•rived fur hlx regalnr VIMIt IIIIII WI(a 111111 IIIN l'lUtkl`H puckrd uud told 61m not la return. After Ihln data thrrr avx only uthdnud cuulacl betlecrn I luxbund and Wlfu. Itrpnrl and IG!vnnunnudnUou of Mnt+ler, Thr xhall r IIIU n'~ dlvun` 'L'1 1,'It.' ganerr cllhcr lhn In fine! x Lt prb to Ute IIf nett ehmdn mul <If 11 In 1 C.B. I'a.l cow mul Iluti ban 7' n P~ u F1U A.2 Afu (1W qur fiat' Iivl lhu tlr~ A.' pw chi bm Z. N pre thm aer mu. 1A' Ihr ten Aul tv'• tllo Wifa'x Ilor•III•law+x dlun ar any 1 Inlontlaw. l bar moth- x uud avwr• r, In Blaw• molhar and ~elnnging to ter August, Iween Hue- contact woe (ycare lha I Wge woro Iler. von! old for bolt dmlgh- ornlght av- , lay night to , end IaR 1( lheea vle• Io Huebanli 1 Huebund uverego of ueated iho Alarylanll Ind dun W I not hubll• ~lutal, only lha eeplla wound and •un, vlel/od heao trlpa epenl tlm tlatcrod ux Irl'ivad for his dalhux Irn. Aflur nd contact f MasWr, ' WLI,LNIat v. 1VRI,LNBIt 1'a• 1281 l'henl99 A.IJ Ili! IIL.euprr. 1997) Thu 1)Ivarca Codo pnn4dex that the court and resunu+d xuxunl rclatlala, the court shall equltnhly divlda uulrind prol,erty upuu found llw purllcx w•aru nut Ilving "xopurula UIU request of allher putty In un ucllnn for and apnrl:7. dlvorco, 'L'1 1'a.C.B.A. tl 3fdY.1, 1'ul•xuunl Ia 3rhmidt It tirrUA •12fi IhLaupcr, I31I, 1:111,1{2.1 `L1) I'u.C,B.A. 0 8fdllln), "uulrhul prniwrly" Ix A.2d IKI, IHL (111031; (iurvlou, 1117 A.2d ul gonerully dellnad ns all prnlwrly uclpllred by GI.1, rmtrxed un ufkm•prvundx. allher putty doting lhu umrrhlgq Including llm Incrcuau In vuhm, prior h, 11tH data rtf finnl aopnmttun, of nay nnnnua•Ilul property. In prior awex, when cunxlderhlg a chullanga to tha lrlul caurl's dalavdnutlan of lhu data of ecparutial, wo huvu npplled lhu fallnwing etundurd; ... Tho T)Ivorca Lndo da8nan "xepnrnla end apart" ua follows; "Cnmpleto censutiml of any and nil cohnhllntian, whalhcr Ilvlug In tha ammo rasldenco nr not." 21 I'a. C.B.A. 6 1110.9, In TkamaA v. Tkornnx, ;136 Pu.Bullcr. 41, 4&1 ASd 9.16 (IU84), thlx court held that "rnhubitullon" means "iho mutual usnumplion of Umeu rlghte and dullua allendunt to the ralullnnxhip of hux• band and wlfu." Id. ut 47, 48:1 A2d ut UItl. Thus, tho gravamen of the phueu "napu• rnto and apart" hecomee lha axlatenco of eapurato Ilvex not xapurulu roofs (dlu• !tans anllted). 9'hlx Imxlllan follows the trend of Pennnylvunlu awe law hl which u common rexldalrc Ix not u bur W ehowing that lha purllae Ilvo eupurnto and apart ... FIUrm a Fl~rnr, 341 Pu.Bulwr. 70, 81, 4111 A.2d ]fill, 1fiU (IUBfi). Compote AfarA•e~ u AfnckeU, 870 1'n.Bupa•. L10, &Ifi A.dd 31i3 (1088) (where purllca bud pr(vnta Ilving quurlare, no publle sndul Ilia together, and had ccuxed xuxuul rolulinux, the purtlex Ilvod "ecpnndo and upnrC' dexpllu iho fort that Ihcy rcxldod In Ihu xunm hnuxu) mitlr (lritfarl a lfrtifGnr, •11X1 IhcBupar. 43, fJt2 A.2d 181ifi (IIIiNI) (wharc pnrl(an Jnhdly purchnacd a (OW11111111xe, shnral a Jalnt checking ucauult, bud a ea•Inl Ilia ns hus- band and wife, shared lha xmnn bedrnnm S. 1Vn sole Ihn1 Ihu wppal order gmclllenlly provided: "We, of round, do nut Intend la haply Ihu! Idm rcpmullnn Jnlc of Auguvt 19791 cursive aunt h, the dlraru ddc, u. Ihclc hw hacn levtl• many Ihul the purller cnyuged lu wxuul rclullunv up to mIJ Ilnuuyh June ul 1'192. Iluwover, fur Iho pugnuc~ of the ugquul pnwceJing, wu de• let nJuu Ihul the pools JIQ sepal ulu to ul Imul Auamt of I'J79". Suppun Ih Jer of Afunh 16, 1997, p. ]. 121 Applylug Ihu foregoing, wu Ond that lhu lrlul court did not err whorl It duternduad lha dots of xupurullon to Iw Augllxt of Itllr:. Nullhor Iluxbnnd nor Wlfu afOruudivuly Indl• total lhuD• lulenllon to Iivo "sepurulo and opal-!" until Au(,nlxt of IUt12, when Wifu puckad Iluxbund'a clnihax and trlld llunbulul In Icnvo her and IhaD• duugldur'n balsa mid not return. 81nca tha linen Wlfo begun Ilving with her dnughlur, Iluxbnnd and Wlfo xpant Wadnceduy nights together and wcekond lo• gclhar ut 1VIfu'u rcnlduuw, mid, nl leant nncu u mmdh through Jnno of IUU2, limy alloyed lha physlcul Intimacy of murrluga. Wldla ut Wife'x rexidence, iho cmgda udal us If they wcro nmrrled wllh Wifu enoking mauls for Ilusbnml and wuxhing his dnthes. '1'ha pur- lics vucutlnned together and held lhamxelvex nut to ho husband and wife, Accordingly, tha record auplwrte lha cavl'n conduxlnn that iho purllee did not ecpnndo unlll Augllxt of ItKN2, mid wo will not dlxUlrb iho lower courl'e declnlon. ^uxbund uavorlhalesx nrgllen that tho cnr- roct data of xepurullml Ix August of 1D70, whin 1Vifo left lha murlWl rcsldonca to curs for her uillnbr hdher oral did nnl rotors. ne uvldonro of Iho August of lU7U dale of eopn• rollnu, Iluxblmd chug In vuriale plaudingn of Wife, most nuWhly hot uomplulnt In dlvorco, which averred Ihu lulu of supurnl(nn w•ua Au6nwl of IU7U. Ile ulxu dlex to two onlero of court, ono which glvnlod xlmuxul xupiwrl to Wifu uud nnu which blfuradwl Ihu dlvnrcu ucllnn, which indlculu Ihu! Ihu duW of sepnru• lion wIw Auimxl of 1!17!1,1 F'urlhur, Ihlsbund notes thin during support and blNrcutlnn pruccalingn lha \Vlfa Iosll0al wider oath that iho purliex xupurulad hl Augtlxt of lU7U? ~, Wu sale Ihu6 laexplivuhly, nchher Ihu orlgloul cuuylhdnl In Jiwn cc, auppull aster, Llhuculluu outer our lenllnunry Iclnled Ihmeln u q,cnr In Ihu lettnd. Uuwever, shove ducunlcnn I~n appear In the Icaanl us clhlLlb wldvh were offered Into evlJcnee durlnx Iho mualer'v hem lay. 1182 Ihl• IWII ATLANTIC UI:I'tlltTRlt, Yd l3RIt11i3 'I'hr prnhlrw u'hh Iluxbnud'x nrfpunrnt Ix hen-fold: hhrl, hn elh'R N'Ifr'x prlnt• IrAlluun ny and fnrlunl uvornu'mx uuLuf•eanlexl. II IA Uve Ilud IVifn huA plr'cluuxly nxxrliod Ihn( Ihr pn1111~•I,litxf xrpnrnhvl In 111711. Iluu•ce• rt•, 11'110 Ihrn further rrplninrd Ihnl Ihn pm•• Iil!A 17'NIIIIII`II 1111'il' IIIIII'll 111 17'1111 IIIIIx 111101' NIII' uulvrd UI Ihrh• duughlrr'x haalr and did nul Iinnlly xrpnrulr mull Aupuxl of IIIU;I. Ac• rnI71111R1v, as Uu4 nn erne' lu Ihr euurt'A dclrrndunlllln Ihnl nrllher pnrly t•nvenlcd un "hncnl In dlxxnk•r lhu nnn•Ilnl unlnn npul•t b•nm tul'rn pbyxlrnl xepnrnllnn" unlll Auguxl of 11111'd, Rrr; Sinlm r. Siuda, rilri Ihl. 46 2U, ri'LI{ A.l!d 711ri, 711H I IIIN71.1 I:I, II tircuud, Ihn drlcrndnuUun uuulu In the xuDlxml ardrr nod the IdflllYllllall m7Ir1' Ihnl lhr )1IU'lIOA \1'017! Rl'Inll'nl l'll III 111711 IIII/!A unl hour lhn xnnu' Icgnl xlgnl0cnnru ux Ihn dclcrndnuliml of Ihu "Iluul dnbl of xupmm- Ilali' lehlrh lenx 17!ndered dntiu;( rqullnble Illxtlihlll (IIII. 1'111' IIIII Nllhhal'l 111'l'IAIUII, Il'Ifr Illdy IlPrllell III l'xhd111N11, infrr nli4 Ihxl xhu wvlx Ilunncinlly depundrul nod Ihu pnrlkw a•erp Rupnlmlud \vilh nduqunla Icgul cnuxu nl lhu lhno of her requuxl far Ruppnt•l. 2;f 1'n.C•S.A. S d;l'N; Cmu rr Irl. Siuglrnn u. ,Vinglnolb 2tiT 1'n tiuprt•. ;frill, d;lll A2d ;IL:1 (IIIAU. Thux, lho dclerndnnliun of lhr ncluul 111110 Uf AelNll'll111111 wilx IIIIL IIIYITIt111Ml11' fur ~. lVe nalc thm Ihr Imrrr cuurl did cnnsldrr Mfr's nnlrulculs and fncwnl ncrnnrnls trgmd• 1uµ Ihr pm llc>i Ilul e•µan111un In nochhlg ha cuuclu+lnn Ihul Ilunl srpnlnllun did uul urcur mull AuµnM of 19'12. B. 1Vr unlr Ilmbmul J,x•a nul r11111'eall' n5rl'll ihnt Isgm ul Ihr dmr of upmnlinn Is rrs puLrmn, nhhnuµh Ids mgnnn•ul snouµly hupllcs ux'h n clnlul. e. Wr nrAnmvh'dµl' Ihnl Ibh row la uulgnl• rlurr In Ihr uronl enar, Ihn dolt of rrpnvnllun la n n•nenulbls' n•Ilnln dole nod the vuulr Julr Im dhnlvr uud vqulloblr Jlsn lbullun pw puvcr. 111 rum sr• wv un• cow rl urd Ihul Ihr1r Ia n µ1m lop pnlLlrm \vllb Ihr dual dnlrr nppllyd h, Ilda roar llhlrb m•Ilhrr pm 11' Iola ndrrd. I'm Ihu pm tlvr dlvolce Jrvtrr lu Lnn• born rmrn•d ou huu• 17, 199.7, Ihr µ:11110r urrdrd In br u•pm nlyd h1r ul Irual h\o yrmr on Ilnd Jnn•, 2.1 I'n.l'.S.A. 4 JlUlldl. Aluvr. In Ihr runlrvt ul rgnlulblr dhblbullnn. Ibr rural nrlunliv d,9rludnrd Ihm Ibr px111rr did uul rrpuutle, Lr., li\r rrpnuar and up;n 1. nnlll Aulanl nl 1'191• Ibr pmllrv ulpm ably did uw gnnhh Iu1 n 5 l.llllldl Jhunr nl Ihr Ilnu• Ihr drru•r Unr rnlrl rd. In Incl. In u slndlnr rlUmnun. ur IuuuJ dun Ihr Imrrr luwt P11011A11I NIIIIII01'I. LIIIIIR'IAr, lu IhIA rnxe, Wifr wnx 19dltlad lu n divnrcr ulxul Rhowlug, infrr olio, "Ilud lhu pnrllrx hove Ilvud eepnnde nod npnrl fur n prliud of ul Irnxl hen yemn," 2't IhI,C,N,A. 4 ;I:IUI(d)• Aguln, Ihu IRAl10 \vhlrh Ihr ruurl uuA I7vpdnvl la dcrldn In the dlcorer Ihiltn77dlun) drelAluU e•ilx \ehulher Ihu pnrlh:v lull Ifeed xepnrnlu and npnrl fnr nt Irnxl heu yenrx, luul, thux, the prruixu lulu of Rrpul7dlun 11µ1111l 1YIIx nll( IIL Ilnllle. (:UIINa• qucnlly, "Ihu dole of Ounl Rrpw7dlan" e'ux nul n•x,Judirnln fur lhu purpuxux of mpddlblu dlxh•Ibullun xlnuu lhu ncluul dole of Beppru- IIIIiI \CIIN 1111( I1L'L'1'tlAllry to ullhur lhu Bupllurt urdrr ur dlym•cn decl•ue IIIIL wiUf phAldnhlly nuce:ulnt•y' ful• lhu ot7lur of equllublu dleh•Ibu• Ilan. Srr, L'1 191.(;.3.A• 4 ;Irilll; 11rGdnn r, II:(1.A.11. (RcUuann2l~ AfinrB/, r,;f•! Pu. J'27, ;11111, Ikl'L A.Yd 1;IUY, 18U1 (IUU;I) (era Judicnfu or callnlmnl exlappcl "fnlrclosuB ro•Illigntiun In a Inlet nellun, of nn Ixxua of foul ur Ina• \vhleh e•IW nchndly Illlgnlud nod luhfrq unA narrreull/ 61 fGc uri~irud judymunl ")! Alt corrlingly, IVifu enB nu( eelopped from Illl• {Intiug Ihu dole of Mpl eepurpUml lu !ho equllnhlu dlxU•Ibullun phrlnB of lhle uctluu, and Ihu lae•ur court did not ahuxu Ihl IIIBCYI!• Ilan in Ilnding (Im dole of ecpm•nUon to be AudllAl of 111II'L! , en7•d In rnlrrinµ Ihr dbvnce Jrcree and re• \rlerd the dccrcr gtnntlng ihr Jhnrca Srr, Ihlrfnn, nynu Iwhrlc µnnlcs wen nnl srparnl0d fnr sulllch•ul pct lad of Ilnln. II was rcveulblc rl1 ur fur Ihu coon to grunt o Jlvmrr). Unfmtu• unlrl)', nrllhrr pmly hm rnbnl the pmpl lrty of dll• dll'i11rC dl'l'1l•C 10 ptl 16ellr, nlld \er WIII Ilal eon tlv,nrr nddlns Ih6 problrnt. 216trt r. hlnrr. •112 I'A.tiuprt•. JA9, 6U] A.2d 6A6 (IV92111ssurs nm plr.rntrll to Ihr mull Ix•luw me wslrcJ fur Ihr µulymr. of npprllnlr u•rlewl: SrIn16nrA r. RrlulMnrt. •112 1'n.tiuln•r. 211, e0l A.2d 194 119921: Alrr:inlry v. AfrGlydl9•, )RB I'a5uper. 51111, Sn5 A.1d 122U (19BY). Iluwcrcr. wr do nuh• Ihnl our ,h•clvlon luduy slwuld uul 6¢ Inler• pu•h71 ns holdluµ Ihnl Ihrlr call IM Ino1r dmn our "Ilunl (Cllr of srpnrnllmN In n db'one nellun for clrmly the dole of u•pnn111nn for dlwner and rynllublr dlah ibuliml pu111uscs should br the rnuu•. Ilulununnirll5 µlvcn Ihr pnn'rdal nl Ima• our ul Ihlr rnu•• wr rmuwl revlcw Ihr pogo lrly nl Ibr nnu l'a Jra•nnlnnUun of the Jnle of srpn• rdluu In Ihr dhon•c nrnan. bul InU1er, nmy only ruuvldrl ahclhvr the dcdvlon of Ihr ruu11 In Ihr rynllnblr dlsnlbudon nellun w'ns player. llm pulblrm ul Ihr hvu dllfrlrul dnlev has dupdy pl rrrulyd Ilu•If In n mmuu•r w'hlch rvndes our rnuJdrualnn ul II. Wlfu . tutor aurolu enrx." Ixauo In tho mlhor rt far I dato 'oneo• ' waa Ilublo •paro- Ipport lowly Irlbu• ran u 927, llcafa tattoo r law r 11NIN ne• I IIII• I tllo ctlon, ~xcro• In bo .1 re• Sm, ,rote) I dblc lilrlu• ly of II nut llfulr. +tluctl d fur rk v. Iv4 agcy. u do aucr• Ihun vllau and the Iroa• rlcly ~li~~ only Ilhc 17w nply our MARTIN v, IIALFI l'It1111UL"I8, INC. 1'n• L2N3 lab+xe nY9 A.hl 11X.1 II'•.NUlsr. IYY/) IGl Wo now turn w \VII'iin ehdm Ihn! the renumd enxe la Irlnl eunrl Gn• roviXing vnluu• lowrr court erred trhru II did not uwunl her lluu of uuu•ihd unnula rrhdivn Ia Iho dole ul' rentx, Inlerv:at nod prnfiln tehlrh terry carnrd dlXtrihulluu, ut'cu though uevrlx e'eru valued by hrr ehurn of the nmril:d unuclx h•um 16o ux of Ihr Ibdo ul' nrpnrnllnu, e'hcru Wlfu did awn at xrpnrutlan unlll Iho data of dlah•Iblr out proffer up lhdrd vulurn of Ihr uxxulx)•1 tlall. Whl'll YOVILII'lllg IIII 111'lhn' of Olhlllld'IP f]rdrr of rlplllu6lr. dinh•Ibullnn Ix nnlrvnrd. dlxlrihutlnn, our xlnndurd of rrvleu• in Iludl rd, and tva wlll unl dlxhn•b Ihn Irlul rmu•I'11 dncixlml nbxmd nn nbuxn of dixcrrtlnn ar ~v me~rrun,nl, o vrlror of Inw which Ix demnnnlrutal by nlclu, E 1 uud emlvincing ovidenru. h'on:i v. F'nnsl, •1111 Ih1.9upor, hfi, I{;ia A.~d II.41 (ItN,11q; Pnrl• Ger)lur v. 1'nrtGolllul; 4110 I'n.Ynpor• '.SIG, II°.0 A.2d 11N11 (111!1:1); Nuddro n. NndJrn, •I'.6 I'u.8uper, 1111, lP.SO A.2d IAIN (IUI131. I'rexenb ly, Wifn xlwcincally rongdnlnx Ihnt 161xhnud Ilnrbul•u A, 111AIt'I'IN, Appclluul, controlled all of Ihn mm•IIIII nxdnlx, and xho hnx raupod uono of tlm Inctruxo In Iho vulnn v~' of thoxa uxxetx. I:xpecinlly, xho Ix anlccrnrd IL11.Id 1'It(Ip11CIW, INC. about tho murilul tLudx which wcru Invewed in the xwek murl(et nrom Iho dote of xepura. Bupedur l;ourl of I'enuxylvnnlu. lion until the tlmo of diau•Ibullnn. Hho nxkx Fuhndlled Aprll 17, IIN17. lhia court to ronuuul This manor far the 10117, hlldd Aug. ICI culculutlon of "lho ummud of Inrnmo unll , grunt don to lWlful . , . fm• nll murilul Iwacla bolween tho dew of dlvarco and w Ithol data of now dotcrndnution by thla Bulwrim• Court...." Wlfo'd [Irluf, p. 18. !11-81 Clearly, Iho pngmr thnn fur vuluing u mnriwl ptvlpcrty la proxhnnw to tho Ihdn of dlXlrihullon, nut xepuralinu, ux axed In Ihix cueo, SrrfljQ'v. Srrt1~Q'; fi18 1'11. ;i7N, tINI~IN2, 64.1 A.2d f-1.1, fwi0 (IIIHNI; Atahnxd v. Alob Hacr; 388 Pn.Aupcr. 214, fi6fi A2d 4fdi (lUNlp; 1'auYlfl u Pan+cli, 1111fi pn•NUpm•. Itlfi, fi77 A td 6711 g1nJ0). lhdorlunnlwy, Wlfa hnx uavm• previouxly ohJocwd (n vahudiun of Iho nuu•I• bd luwatn ux of lha duUl of xapm•nllun and hnx not nfferad avidoncu w xugguxt Ihx wduu of Ihoxo xaduW nn of lho data of dixlribullnn. Cnnxelpwnliy, wo nJeet 1VIfu'x prayer I'nr u remand for ro•vuluutiml of Ihu nuu•hal nnxelx IUI 11tH Ix u mullur tvldch xho xhuuld huvu neat prcumded to Ihu luwxn• court but um gluctod to dn. Cf., Solomon v. Snlouunl, fdil Yn. 113, Olt A.2d Ikl6 (IUB3) (Hupcrlur Uunrl did not ubuxu Ila Qixcrcllun In rufuxhpt hl 7, We n'Jcct Wlfc'tl chnllun w Uil'la,idn r. Uil'lu" ddo, 459 i'n. 141, 111 A.1J 17.1 (1975) nod l4uu, v. N•nru, 25b I'n.5upcr. 91, Sd9 A.2d n151197d1. Pa Ihllae rll+ra alU luuppo+llc to Iho slluallun u1 cyulWLlu dlan llnlllnu. 'fhu+r ra+c+ Inudrrd ry. • IIIIY Ilcnulltl lur I,nlllllull UI IIUO IIIII Ill Ulh'1ly wldch prwdun' the unnall Invurru Coda Av wu IIXVe prcvluualy hold, pngml ly duce uul luau Ih l•;ugdnyra Nod rongdulut ugulnat farnlcr Innployor clnhning branch of conlnwt, pram- Ixxnry axhglpul and frnudnlont nddroprexnn• ddiml• 9'hu Court of Gammon 1'Icna of Montgomery County, Clvll Divlwnn, Nn. Ufi- It41L'{II, Huherx, J., granted xuuunnry Jude. moot fur mnployrr, uud engdnyea upponled• Thu Nupcrlur Cuurl, Nn. 11:17611 I'hlludelphln 1U60, Cmtunc, Ihr:nldutlt .luagu l;nmrllux, Iwld Ihut facto ullvged by emplnycu wuln udclplulu la l'xhdll(YII prinw facto cane of Il•nwhdeut udxl•oprcnculnlhm uguluxt engduy. cr boxed un Ihcury of fraud In Ilan huluco- nand. Vacated unll renuuuled. L Appeal and lirror v~+N6;1 Appallnlr ruurl'n aropr of rrvlca• Ix plu• nary tehun ruvlcnhgl prnpricly of U•Inl ennrl'x entry of xununury Judgment. uunllnl churnclcl uulcly lu•ruuac uuuy nl a JI- um~r dvneu In n Linn ndvd ucnun tun clwngrJ In 1,11'llelahll, hunt J la'llJllly by IIIr rlll llCnl'tl 1„ u lenmuy In ruuunuu. Anon( r. /moot. ]7X I'n.tiupw~. H'1, 51X A.2d 2'111 11'INH1. •Ilnu, the Inwvr cuull pnqu•I ly Ji+u lhwrd Ihr puqu•Ilt' ur. Ioldiuµ lu Ihu puniduu+al Ihu Ilhuau l'udr, 2.1 ihl.(:.B.A. A9 !5111 ISIIN, y JOHN R. MILLER, Plaintiff vs. GAYLE R. MILLER, Defendant S IN 7'HE COURT OF COMMON PLEAS OF i CUMBERLAND COUNTY, PENNSYLVANIA i CIVIL ACTION - i,AW N0. 9G-1899 CIVIL 19 : i IN pIVORCE STATUS SHEET DATE: ~ ACTIVITIES: / 7L 1 ~I/~ n T r l (~ ~'~ e . ,~ 0 /~"I'i~P ~ off ' ~"" p .~~ ~~~~~ ~;ava.n. . , 9/10/97 Hearing for 9/11/97 was continued and ie reschedul fo 9 25 97 at 9:00 a.m. ~r~~: r'/,' •~ . l' .. ) /7 I (r ~~ ~9.y :d ,l r/~ yQ1~~,;~,~•P,.i. .. :. /rT.'~,,(n.~i,r/ Yr'- Jn,.. ..f„ '-,)C'e..,.,~,Y((i. ,~, •.1 .f., ...., t c , r ~.. , c, `7~ •~..,,e.,~ ~ ~ •1-, ; r~~~,., : moo. ` .~,,.,~:f i ;l ~. JOHN R. MILLER, Plaintiff ve. GAYLE R. MILLER, Defendant IN TIIE COURT OI' COMMON PLEAS OF CUMDERLAND COUNTY, PENNSYLVANIA CIVII. ACTION - LAW NO, 96 - 1899 CIVIL 19 IN DIVORCE STATUS SHEET DATE: nc'rivrri~5: , ~I u~I ~/~ f~( r I /lf ~~ r ,.... ir(. ., Ft•~.t.~~.l~_ ~r r,r ~ Ar.J . a ~~, b r. ~ r L~ t n 4Q 'T~ Cl~LJ 1. '~ Gr.~.t,,.4J.•rt.r LICAnta.. ,(_ .n ~~ N./. Ct ~ ~~ i r p ~ C..r n t t ~ .. .. .na ,r n it .r. w~11,n ~1 .~ /t„.~..~i. l tr+.n. .t t,... lN•.,. 4.n c~r/1,..~n let.. / r~ '/ rl t'r~ ~ ~~. ]:1 / ~ n ,. ~z9~ (~ . -. Qi, ~i u'~t"'J • .~~Jt n-, ..n ~.~li •.,,. - ~-r N. _..nc~ .`~M. ' .•.q(,, . . ~` / ~a«, ~ ~: / t ~ ~ t / ('r ~ ~ l/~~ " i 4 .,, . . v ri ..-!tt r...r a i c r„ . v.. t L 1+,•(. r ~~ . I f ` /~ L -1<.Ql~ ~,tru~.~r 1. r•_...I~ fltt.nl.t. r, /, /I ~ ~'/I~ .r A 4t J, r7~( tn ~uvl ; !1~ /0 ' ~ C~ ~ [ 1 r / / / 1 .. . . . -~1.W Ctr r nGht.~d. Iel.~-r /~ . ,rj,y jlt. U r 1 (1 II J•~~, ./:~t~l [LA 1l U. ~`Ge.-. a.~, ..~ C...1,II•l ~..tvl /~r er (+pAhx tlI v` I~ r ) ~tIC.A~IM...~ XaIUI~r.^t!Ea/~UM~ , [».. .ci/•.... / 'l~Cn .. l.tfen!u.,' ya~d~tltf• df'JU~K.~n Qj (./"n• f . C f iL~ ; i~ / ~ r...,y , r~,(/Ih r ,t ., L OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slreet Carlisle, PA 17013 (717)240.6535 E. Rotoert Eileker, II Divorce Maeler Trecl Jo Colyer Ollke Manager/Reporter January 7, 1997 Waet Shoro 697.0371 Ex1, 6535 William C. Vohs, Esquire Frances H. Del Duca HANFT & VOHS Attorney at Law li West Pomfret Street, Suite 2 10 West High Street Carlisle, PA 17013 Carlisle, PA 17013 RE: John R. Miller ve. Gayle R. Miller No. 96 - 1899 Civil In Divorce Dear Mr. Vohs and Ms. Del Duca: By order of Court of President Judge Harold E. Shaely dated January 3, 1997, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on April 9, 1996, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On April 24, 1996, the Defendant filed a counterclaim raising the economic issues oP equitable distribution and counsel fees and expanses. The prayer for relief in the counterclaim mentions a request for alimony aid alimony pendente lite but those claims have not been raised in the body of the pleadings. Mr. Miller also raised a claim for equitable distribution by filing a petition on December 31, 1996. i assume that grounds Por divorce are not an issue and that the parties will sign affidavits oP consent to conclude the divorce under Section 3301(c) of the Domestic Relations Code. Based on that assumption, I am directing each counsel to Pile a pre-trial statement in accordance with P.R.C.P. 1920.33(b) on or before Monday, January 27, 1997. Upon receipt of the pre-trial _. _,. ._. 1 ~f Mr. Vohs and Me. Del Duca, Attorneys at Law 7 January 1997 Page 2 statements I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Eliaker, II Divorce Master NOTE: Sanctions for failure to file the pra-trial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTERS OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. ~ ,,: - JOHN R. MILLER, Plaintiff VS. GAYLE R. MILLER, Defendant TO: William C. Vohs Frances H. Del Duca IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96 - 1899 CIVIL IN DIVORCE Counsel for Plaintiff counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 9th day of May, 1997, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 2/3/97 E. Robert Elicker, Ii Divorce Master .., .. , .1,-,.._ .. JOHN R. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ve. N0. 96 - 1899 CIVIL GAYLE R. MILLER, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Friday, May 9, 1997 Present for the Plaintiff, John R. Miller, is attorney William C. Vohs, and present for the Defendant, Gayle R. Miller, is attorney Frances H. Del Duca. A divorce complaint was filed on April 9, 1996, raising grounds for divorce of irretrievable breakdown of the marriage. Counsel have advised that the parties will sign and file affidavits of consent so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Coda. Wife filed a counterclaim on April 24, 1996, and raised the economic issues of equitable distribution, alimony, alimony pendente liter, and counsel fees and expenses. Husband filed a petition raising on his own behalf the claim of equitable distribution on December 31, 1996. Counsel have indicated that husband had an extra marital affair while the parties were living together, and with respect to wife~s alimony claim and the factor of marital misconduct we will not take any testimony on that factor assuming that husband will stipulate that he had an ongoing extra marital relationship while the parties were married and living together. if counsel are unable to obtain such a stipulation than they should advise the Master and he will take testimony on the marital misconduct issue at the time he takes testimony on another separate matter, namely, the date of separation. With respect to the data of separation, wife says the parties separated on September 1, 1995, and husband says they separated in September 1994. This date may be particularly relevant depending on when husband was involved in an accident from which he has received certain benefits and proceeds. Attorney Del Duca indicated that according to her notes husbands accident occurred on August 30, 1995. Mr. Vohs had some notation about an accident in November 1995. Counsel are ,~ going to attempt to determine the date of the accident. Also, attorney Del Duca has requested information on the amount of monies received by husband in his settlement of the accident claim and Mr. Vohs indicated that he is going to ask his client to provide that information. Absent that information being provided, the matter will go to Court on a special petition Por discovery which will increase the cost to the parties so that wife can obtain that information. Likewise, wife has requested information on the amount of an inheritance which husband has received. That information should also be provided by husband to avoid the extra cost to wife of having to go to Court to obtain an order requiring that information be produced. If wife is required to go forward with a court petition, the Master will consider the extra costs that wife will have to incur in attorney fees and may assess those fees against husband. Husband is 53 years of age and resides at 345 East Lowther street, Carlisle, Pennsylvania, with a female friend. He is a high school graduate and bartender at the VFW Post 477 in Carlisle where he has worked for the last six years. According to the notes from the support conference on April 9, 1996, husband reported a net monthly income of $1,179.00 and wife reported a net monthly income of $613.00. Husband also pays for medical coverage for himself and wife of $550.00 per quarter. Mr. Vohs indicated he is not aware of health problems that husband has which carried over from the accident or otherwise. Husband is paying wife spousal support in the amount of $173.33 per month. Husband does not have any pension or retirement benefits. Wife is 52 years of age and resides at 10 F Street, Carlisle, Pennsylvania, with a daughter of the marriage. The daughter is paying wife $240.00 a month to reside in the premises but according to attorney Del Duca the daughter is looking for separate living quarters and may be moving from the home. Wife is a high school graduate. She works at Giant Food. Attorney Del Duca believes she works in the deli department and makes $5.30 an hour. Her hours vary each week but nevertheless she is not working sufficiently to be classified as a full-time employee which means she is not entitled to any benefits. When the parties are divorced, wife will be faced with the prospect of having to provide for her own medical insurance coverage. She is requested to provide information as to the cost of that coverage and whether or not any coverage can be obtained through Giant Food. Wife reports that she has high blood pressure, cholesterol, and a herniated disc but apparently these ailments do not prevent her from engaging in her present employment. Attorney Del Duca did report on the pre-trial statement that wife~s medication coats $180.00 per month. Husbands coverage that he currently provides for wife does reduce the costs of medication. Without that coverage, of course, her costs for medication will be substantially higher. Wife does not have a drivers license and needs to rely on other people to get her to and from work and other activities. The parties have three children to this marriage, all of whom are emancipated. Counsel believe that wife hae a child to a prior marriage but that child is also emancipated. The real estate at 10 F Street, Carlisle, Pennsylvania, has been appraised by Douglas Heineman in July 1996 at $91,000.00. Mr. Vohs indicated that he is going to ask that the property be appraised by Steven Barrett so we have a comparison in the opinion as to market value. The house is subject to a mortgage in favor of PNC and the pay off as of January 3, 1997, was $25,886.70. The payment, which includes taxes and insurance, is $327.29 monthly. Husband claims that wife retained all of the household tangible personal property when he vacated the premises. Mr. Vohe has indicated that he would like to have the property appraised so we could have an idea as to value for purposes of equitable distribution. Husband has a 1996 Honda Accord and he has placed a value on the vehicle at $15,000.00. The car is subject to an encumbrance of around $9,000.00. Attorney Del Duca is going to determine whether or not she can stipulate to the value that husband has placed on the vehicle. Attorney Vohs has pointed out that the car was acquired after the date of separation and, therefore, is not marital so that specific value of that vehicle ie not particularly important. it does, however, represent an interest that husband has in a nonmarital asset with a value. However, it would appear that since husband was the only source of transportation in the family, that he probably had a vehicle that the parties had while they were married and living together and that vehicle was used as a trade in on the Honda. We would like to have information as to the value of any vehicles that were used as a trade in which may have been marital. The parties had an IRA with Invest which attorney Vohs Bays was split and the Master would like to know the amount of the IRA that was cashed in and what each party received. Likewise, the savings from Mellon Bank, wife received that account and the Master would like to know the exact amount that she received. There was an insurance policy with Monumental Life which had a cash value of around $11,795.00 as reported on the pre-trial statement with a loan of around $7,000.00. Wife got the balance from that policy of around $4,000.00. The Master would like to have specific data as to the amount of money wife received from that insurance policy. According to attorney Vohs, the parties ware receiving around $1,500.00 a year from proceeds from using their property for parking for the car shows. Attorney Del Duaa says her client does not agree with the $1,500.00 figure but rather says they made around $500.00. Wife received an inheritance in 1986 from her mother and an uncle. The total was around $32,000.00 and all of those funds were used in the marital relationship to help purchase the marital residence and make repairs on the property and to pay for other expanses of the parties. The parties have not listed any marital debt except the mortgage with PNC Bank. Attorney Vohs has also raised a question as to the fair rental value for the property and he is going to ask Mr. Barrett, when he does his appraisal, to include in his opinion the Pair rental value monthly for this real estate. Tha basis of Mr. Vohs concern is that the monthly mortgage payment is fairly low and, in fact, the rental monthly may be more which would indicate that perhaps husband has some net interest in a rental claim. The Master is going to schedule a separate hearing to take testimony to establish the date of separation since the parties have not agreed as to when they actually ceased living in a marital relationship. The date may be significant since the date choosen may or may not include or exclude the accident proceeds which husband has received as a result oP the accident on August 30, 1995. (We note that Mr. Vohs did indicate he had a notation that the accident occurred in November oP 1995.) After we have been able to establish the date of separation, whether or not wife has any interest in accident proceeds and, in fact, what those proceeds are, including any inheritances which husband may have received, then we will perhaps be in a better position to evaluate the possibilities of resolving this case. It does appear from just an overview of this case that wife will be entitled to some amount of alimony on an indefinite basis although the Master is unprepared to make any statement as to what that amount may be on a monthly basis. The Master will also consider, even if the accident proceeds are not marital, that husband does have interests in nonmarital assets which is one of the factors which can be considered. A hearing is scheduled for Thursday, September 11, 1997, at 9:00 a.m., to take testimony on the issue of the date of separation of the parties. After that date we will discuss what information has been obtained through continuing discovery and appraisals and then see if we can coma to some agreement. IP not, then we will schedule another hearing to take additional testimony on the asset values and factors relating to equitable distribution and alimony. E. Robert Elicker, II Divorce Master cos William C. Vohs Attorney for Plaintiff Frances H. Del Duca Attorney for Defendant JOHN R. MILLER, i IN THE COURT OF COMMON PLEAS UI' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 9G - 1699CIVIL 19 GAYLE R. MILLER, Defendant IN DIVORCE ORDBR AND NOTICE 3BTTING HEARING To: John R. Miller William C. Vohs Gayle R. Miller Frances H. Del Duca Plaintiff Counsel for Plaintiff Defendant Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street Carlisle, Pennsylvania, on the 11th day of September 1927,, at 9:00 a•m, at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. Date of Order and By the Court, Harold E. Sheely, Presi n .ludge Notices 5/12/97 BYs Divorce Master IF YOU p0 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. Court Administrator Fourth Floor, East Wing Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 2A0-G20U + Testimony will be limited to the issue of t•he date of separation of the parties. JOHN R. MILLER, IN THE COURT OF COMMON PLEAS OI' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIi, vs. CIVIL ACTION - LAW NO. 96-1899 CIVIL 1'? GAYLE R. MILLER,', Defendant IN DIVORCE RESCHEDULED HEARING ORDER AND NOTICE SE'CTING HEARING '1'0. John R. Miller William C. Vohs Gayle R. Miller Frances H. Del Duca Plaintiff Counsel for Plaintiff Defendant Counsel for Defendant You are directed to appear for a hearing to take testimony*on the outstanding issues in the above captioned divorce proceedings at the Uffice of the Divorce Master, 9 Nor•tli Hanover Street, Carlisle, Pennsylvania, on the 25th day of Rrntemher 1997, at 9:00 a.m., at which place and time you will be given the upportunity to present witnesse., anfl exhibits in support of your case. By the Court, H`a`rold E. Shealy, Presi n Judq~• Date of Order and Notice: q~t7/97 By: Divorce Master IF YOU DO NOT HAVE A LA{JYER OR CANNOT AFFORD ONE, GO 7'0 Oli TELEPHONE THE OFFICE SET FORTH BELOW 'PO FIND OUT {JHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, East Wing Cumberland County Courthou~~~ Carlisle, PA 17013 Telephone (717) 2A0-620(1 * Testimony will be limited to the issue of the date of separation of the parties. JOHN R. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA N0. 96 - 1899 CIVIL VS. CIVIL ACTION - LAW GAYLE R. MILLER, . Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING 1'O: John R. Miller Michael A. Scherer Gayle R. Miller Frances H. Del Duca Plaintiff Counsel for Plaintiff Defendant Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 7th day of MeY 1998, at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. Hoffdr, President Judge Date of Order and Notico: 1/16/98 Bye 1~e, Cart , By: D vorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR 'TELEPHONE THE OFFICE SET FOR7'I1 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUN'PY pAR ASSOCIATION 2 I,IBER'1'Y AVENUE CAIi1.ISLG, PA 17013 '1'Ii1.IBPIIONf•: (717) 2A9-31GG - _., , w . `~ ~.~ OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hartovor Strool Carlisle, PA 17013 (717)240.6535 E. Robert flicker, it Divorce Master West Shore 697.0371 Ex1.6535 Traci Jo Colyer OIIkeManager/Reporter September 24, 1998 Michael A. Scherer, Esquire Frances H. Del Duca O~BRIEN, BARK & SCHERER Attorney at Law 17 West South Street l0 West High Street Carlisle, PA 17013 Carlisle, PA 17013 Re: John R. Millar vs. Gayle R. Miller No. 96 - 1899 Civil In Divorce Dear Mr. Scherer and Ms. Del Duca: I am writing in response to Ms. Dal Duca~s latter of September 22, 1998, asking that I give counsel some indication of my decision on the date oP separation issue and schedule the case for a hearing on equitable distribution. My recollection is that after we concluded the testimony on May 7, 1998, counsel were going to meat to discuss settlement issues, advise the Master if they thought a four-party conference would be helpful, and in the alternative advise the Master of a briefing schedule. I suppose I should assume that the settlement discussions have proved unsatisfactory; therefore, we should be looking at a briefing schedule which has not been communicated to me by counsel. The purpose of the briefs from counsel was to allow counsel to review the facts relating to separation and make appropriate arguments with any case citations which they thought supported their point of view. A review of the facto by eaah side would be helpful which was what was contemplated in the discussion we had regarding the request by the Master for the Piling of briefs. Consequently, I am directing each counsel to Piles a brief on behalf of each of the parties on or before October 16, 1998. IP counsel would like to meet with me following my review of the briefs to discuss my findings on date Mr. Scherer and Ms. Del Duca, Attorneys at Law 24 September 1998 Paae 2 separation I will be happy to do so, at which time we will schedule another hearing, if necessary on the issues pending, involving the claims of equitable distribution, alimony, and counsel fees and expenses. When counsel file their briefs, they should advise whether or not they would like to have a conference with me following my review of the briefs. Very truly yours, E. Robert Elicker, II Divorce Master JOHN R. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA N0. 96 - 1899 CIVIL VS. CIVIL ACTION - LAW GAYLE R. MILLER, Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: John R. Millor Michael A. Scherer Plaintiff Counsel for Plaintiff Gayle R. Miller Frances 11. Del Duca Defendant Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 20th day of April 1999, at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By_t~e~ Cart, E. Hoffdr, President Judge Date of Order and Notice: 11/2/98 By: Divorce Master 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 2 LIBER'CY AVENUE CARLISLE, PA 17013 TEGEPIIONE (717) 249-31GG PRANCES H. DEL DUCA ATTORNEY AT LAW T[N WC6T NIOM BTRCCT CARLISLE, PENNSYLVANIA nol]~xexx eicA coot m i •Y•1]i] October 16, 1998 E. Robert Elicker, II Master in Divorce 9 No. Hanover St. Carlisle, PA 17013 Re: Miller v. Miller No. 96-1899 Civil Term Dear Mr. Elicker: Enclosed is the Brief of Gayle R. Miller regarding the date of separation of the parties. Sincerely, r -I~~, fLLt^> , Frances H. Del Duca FHD/s Encl. FRANCES H, DEL DUCA AItOHNCY AT I.AW 1111 WI RI 111011 tllllttt CAnl.lal.C, f'rNNaY1.VAN1A unu ru-r etlu coot ns s+a•ue~ September 22, 1990 E. Robert Elickor, II Master in Divorce 9 No. Ilanovor SL•. Carlisle, PA 17013 Roi Millar v. Millar 1899 Civil 199G Dear Mr. Elickort Ae I recall, wo had a hearing on May 7 regarding the date of separation of Gayle Mlllor and John R. Miller. My notes indicate that wo woro to submit soma authority or discuss the F1 nn v. F1 nn 491 A2d 156 341 Pa. Su er 76 (1985) case and t e S nta v, s n e ~2G A2 765, 515 Pa. 14 (1987 case. While Mr. Millar began seeing another woman in 1994, separation did not occur until Mr, Miller had an accident on August 30, 1995, and ho novor returned to the marital residence attar that event. Tho testimony will allow that until after the accident Mr. Millar novor communicated Lo ilia wife that they were in fact separated for purposes of a divorce. Ile slept at the house except on soma weekends and soma holidays. He drove her to doctor's appointments, for food shopping and any time she Hooded transportation. They certainly were not leading separate lives during 1994 and 1995 whop Mr. Miller asserts that they woro separated. I have provided Mr. Scharer with certified copies of documonta from the Register of Wills Office and ProL•lionotary's Office regarding amounts received by Mr. Millar and tlioso are documonta I will submit at a hearing on equitable distribution. E. Robert Elicker, II Page 2 My client advises me that her daughter is moving to New York on September 26. She will no longer have the benefit of any rental payments from her. She presently is seeking medical help for a back problem. She is not sure whether she will be able to continue her present employment. The bottom line is that we need to move this case forward. We need a decision on the issue of date of separation and a date for a hearing on equitable distribution. Sincerely, +~.~~µ_. Frances H. Del Duca FHD/s cc: Michael Scherer, Esq. ~~.,. Luu oJfirr, SrrphrnJ. FiJhmnn O'lIH1F.N,1L4N1Cd SC'IIERER oJcoumrl 171 Pr.r r Saurh Srn•rf r.'orltJr,1'rnruplronla /7013 Robert L. O'Hrlrrr IlavldA. Uarlc .1 flchar! A. Scharr Frances Del Duca, Esquire 1U West High Street Carlisle, Pennsylvanle 17013 RE; Miller v. Miller Dear Frances; May 1, 1998 (717) :x9.6873 FA.1' (!l1) ?49.5733 Following our discussion on the telephone Thursday, I spoke with Mr. Flicker regarding the nature of the hearing set in this matter for Thursday, May 7, 1998. Mr. Flicker advised me that the hearing is Intended to conclude testimony on the issue of the date of separation of the parties. After we have each offered whatever evidence we would Ilke him to conalder on the dale of separation issue, Mr. Ellcker will make a decision regarding the date of separation, after which we can attempt to resolve the case by agreement or proceed to a later hearing on equitable distribution and related claims. My reeding of the transcript from the prior hearing is that the hearing was terminated during my case In chief. I will in all likelihood recall John Miller to cover some arses which I do not believe were addressed in the prior hearing, but I am not certain if I will have any additional witnesses. After I conclude my case, you will have the opportunity to put your case into evidence. If you have any questions or concerns, please contact me. MASIjc Enc. cc: ~bert Flicker, Esq. John Miller File ma s.dUllette rslmillerti,ltr Very truly yours, O'BRIEN, BARK 8 SCHERER ~~~ Michael A. Scherer lmr Oj/Tcra Stephen J. I•'Islunnn (1'lIR1EN, lLt R1C &SCNERER ojcounrrl l7 Itist Sinnh Snrrr Cnr•Bs/r. Pennsehvndn 17013 Robert L. O'Rrlen Dav1dA. Unrlc Alfcharl A Sclrertr January I5, 1998 Robert Elicker Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 RE: Miller v. Miller No. 96-1899 Civil Torm In Divorco Dear Mr. Elicker: (717J :afl-6873 I~:LI' (717J Jag-5755 I believe that I have provided Ms. Del Duca with all of the discovery material she has requested of me in this case. Although I am waiting for a response from Ms. Dal Duca on soma information 1 have requested from her, I am confident she will provide it to me without delay. Since discovery appears to have been completed, I would request that we establish a hearing data on the issue of equitable distribution. Please contact me if you Nava any questions or concerns. Vary truly yours, O'BRIGN, BARK &SCNERER ~,~~ Michael A. Scherer MAS/jc ec: Frances Del Duca, Esquire John Miller File m^~.Jldlelten/mlllex3.11r FRANCES H. DEL DUCA ATTORNEY AT LAW TCN W[ST HIGH STREET CARLISLE, PENNSYLVANIA 1701]•2BEE we[w coo[ nt 2~Y•1]t~ January 22, 1997 E. Robert Flicker Divorce Master 9 No. Hanover St. Carlisle, PA 17013 Re: John R. Miller v. Gayle R. Miller No. 96-1899 Dear Divorce Master: Enclosed is the pre-trial statement which you required to be filed on or before Monday, January 27, 1997, In your letter of January 7, 1997, you state that the prayer for relief in the defendant's counterclaim only mentions a request for alimony and alimony pendente late but that those calims were not raised in the body of the pleadings. I believe you will find that it was raised in Count IIi, paragraph 5. Sincerely, l t-rte . Frances H. Del Duca FHD/s Encl. cc: Charles Vohs HANFT SG VOHB 1\TTUU%I[Tw AT LAe• II N'lIN7' 1111111'11 I['1' 17'1/lt ltT. tiltl'I'I[ L UA111.11. L If. Il.~ 1711111 I•IIC IIA Ii 1..1. IIA NNT January 27, 1997 E. Robert Flicker, II, Divorce Master Office of Divorce Master 9 North Hanover street Carlisle, PA 17013 RE: John R. Miller v. Gayle R. Miller No. 96-1899 Civil In Divorce Dear Mr. Elickert (717) L''1~1)•IS 11711 1'A% (717) t7 111.11 {A7 Enclosed please find the Pre-trial Statement of Plnintiff, John R. Miller. Should you have any questions or need any additional information, please do not hesitate to contact me. Very truly yours, HAN~T VOHS Wi am C. Vohs WCVldln Enclosure ccl Frances H. Del Duca, Esquire John R. Miller c wl~ummrtr{~ua n11%1%u JOHN R MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. . CIVIL ACTION -DIVORCE . NO. 96-1899 CIVIL TERM GAYLE R MILLER, IN DIVORCE Defendant/Petitioner . . PACSES Case No: 918000051 ORDER OF COLtItT AND NOW to wit, this 18th day of September 2007, it is hereby Ordered that the Domestic Relations Section dismiss their interest in the above captioned Alimony matter, pursuant to the demise of the Plaintiff/Respondent on September 3, 2007. There is no balance due to the Petitioner. BY THE COURT: M. L. Ebert, Jr., J, DRO: R.J. Shadday xc: Petitioner Respondent Service Type; M Form 0E-001 Worl~er: 21005 ~ ~i e~~_ ~ ~ ~; ~ a _ ,,, -t C; ~ ~ 5y ~ w '~ c.a -G