HomeMy WebLinkAbout96-02872
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DBBRA J. MILLER, I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
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vs. I No. 96-2872
il I
BARRY A. MILLER, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
PRABCIPB TO TRANSMIT THB RECORD
To the Prothonotary I
Transmit the r.ecord, together with the followinq information,
to the Court for entry of a divorce decree I
1. Ground for Divorce I Irretrievable breakdown under section
3301(c) of the Divorce Code.
2. Date and Manner of service of the Complaint I
Service by certified mail . P 224 575 265 delivered on
May 28, 1996. See Attached Affidavit of Service.
3. Date of execution of the Affidavit of Consent required by
Section 330l(c) of the Divorce Codel
Plaintiff - August 27, 1996 (see attached Power of
Attorney)
Defendant - September 3, 1996
4. Related claims pendinql None - All matters settled.
5. Date and manner of service of the Notice of Intention to
File Praecipe to Transmit Record, a copy of which is attached, if
the decree is to be entered under section 3301(d) (1) (i) of the
I Divorce Codel N/A.
D.tel'~~,
Res\~jClrr~lY SU\bttted,
~V1U y,j\ ~-_.
Matthew J. shelman, Esquire
Law Office of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Buildinq
Camp Hill, Pennsylvania 17011-4706
10. 72655 Tel. (717) 763-1800
Attorney for the Plaintiff
DEBRA J. MILLER, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I e 'l'lf
vs. I No. 91, .;2.P'lJ... .1'" frLI>,
.
.
BARRY A. MILLER, I CIVIL ACTION - LAW
Defendant . IN DIVORCE
.
~OTrCB TO DEFBND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against
I 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
!
I, proceed without you, and a decree of divorce or annulment may be
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II entered against you by the court. A judgment may also be entered
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aqainst 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 indiqnities or
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I irretrievablG breakdown of the marriage, you may request marriage
I counseling.
A list of marriaqe counselors is available in the
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I Office of the Prothonotary at the Cumberland County Courthouse,
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'I Carlisle, Pennsylvania.
I
. IF YOU DO NOT FILE A CLAIM FO~ 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 PAPBR TO YOUR LAWYER AT ONCB. IP YOU DO
,I NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TBLBPHONB THB
I OPFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GBT LEGAL HBLP.
COURT IUDMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
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II DEBRA J. MILLER,
I: Plaint.iff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I No. 9(" - ok?.).., Cic.,l/ ---ri"p,rl
I
I CIVIL ACTION - LAW
I IN DIVORCE
vs.
BARRY A. MILLER,
Defendant
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COMPLAINT IN DIVORCB UNDER SBCTIONS 330l(c) or 330l(d)
OF TIlB DIVORCB CODB
The Plaintiff, Debra J. Miller, through her attorneys, The Law
, Offices of Patrick F. Lauer, Jr., makes the followinq Complaint in
Divorce and, in support thereof, avers as fol1owSl
1. The Plaintiff, Debra J. Miller, is an adult individual
who currently resides at 1674 Douglas Drive, Carlisle, Cumberland
I
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I County, Pennsylvania 17013.
2. The Defendant, Barry A. Miller, is an adult individual
who currently resides at 51 Ball Park Drive, Gardners, York County,
Pennsylvania 17324.
3. The Defendant and the Plaintiff have been bona fide
residents of the Commonwealth of Pennsylvania for at least six
I months immediately prior to the filing of this Complaint.
COUNT I - DIVORCB
4. Paragraphs one through three are incorporated herein by
reference.
5. The Plaintiff and the Defendant were married on September
Ii 27, 1986 in Orlando, Florida.
Ii 6. There have been no prior actions of divorce or for I
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,: annulment between the pftrties.
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" 7. The marriaqe is irretrievably broken.
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8. The Plaintiff has been advised that counseling is
available and that the Plaintiff may have the right to request that
the oourt require the parties to participate in counseling.
9. This action is not collusive.
10. There are no dependent children to the marriage.
COUNT II - EQUITABLE DISTRIBUTION
11. Paraqraphs one through ten are incorporated herein by
reference.
12. The parties have legally and beneficially acquired
property, both real and personal, during their marriage.
13. The Plaintiff and the Defendant have been unable, as of
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I, the date of this Complaint, to agree as to an equitable division of
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! I said property.
WHEREFORE ,
the
Plaintiff,
Debra J.
Miller,
respectfully
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'i requests this Honorable Court to enter a decree of divorce in this
I matteq and the Plaintiff further requests the Court to incorporate
I any Stipulation reached by the parties regardinq the division of
,I marital property into the divorce decree1 or, should the parties
I fail to reach such an aqreement, to equitably db,ide all marital
I property.
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R"~~~"::~'bmitted'
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Matthew J. Eshelman, Esquire
Law Offic s of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Buildinq
Camp Hill, Pennsylvania 17011-4706
ID* 72655 Tel. (717) 763-1800
Datel
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DEBRA J. MILLER, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
VB. I No. 96-2872
I
BARRY A. MILLER, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
,
,
PLAINTIFP'S AFPIDAVIT OF CONSBNT
UNDBR SBCTION 3301lcl OF THB DIVORCB CODE
1. A complaint in divorce under Section 3301(c) of the
Divorce Code was filed on the 23rd day of May, 1996.
2. The nlarriage of the Plaintiff and the 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 of divorce after
service of notice of intention to request entry of the decree.
4. 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. S 4904 relating to
unsworn falsification to authoritieA.
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St\((\\.,
Sworn to and subscribed to
beforA m9 ~tts )1'" day
of (}."L\:'. , 1996.
Notary Public
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Ill. OfJ~ !"'-<Jei ~ AiJ.'f..fI, ", f, r
n 1itJ1{~~'~~,~.w '-
NOIRrlnl Son I
Mafthew J. Esholm;ln, Notary Public
Camp Hill Aore, CumbfJrlnnd C',lunlv
My Commi~6lon E)lpu HS NtlV 1 ':l. 1 !)(,.~
Ml!!1ltwr. F',,"w.,I'.lf.I~l f.'~ f,"":"i:;-.~r7;,~,~.
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ROBERT p, ZIEGLrR
RECORDER OF DEEDS
I;UMBERLAND COUNTY'PA
.~96 MBY16 PrI ~cRR OP ATTORNEY
I, Debra J. Miller, of 1674 Douglas Drive, Carlisle,
Cumberland County, Pennllylvania 17013, do hereby make,
con.titute, and appoint, my mother, Sarah L.A. McCullough, of
1674 Douglas Drive, Carlisle, Cumberland County, Pennsylvania
17013, as my true and lawful Power of Attorney, under the terms
and conditions and with the powers and authority contained
herein. My intention in granting this Appointment of Power of
Attorney is for this individual to have all power and authority
to act for and on my behalf with regard to each and every aspeat
of my financiAl affairs, and this Appointment is to be
interpreted to carry out this intention.
My attorney's powers and authorities include, but are not
limited to the following:
1. PROPERTY - power and authority to manage, sell, buy,
convey, and mortgaqe or pledqe real or personal
property, income producing or not, for cash or on
credit, to take title to property in my name if my
attorney thinks proper, to execute, acknowledqe and
deliver deeds, mortgages, releases, satisfactions, and
any other instruments relating to real or personal
property which my attorney considers necessary and
proper;
2. INSURANCE - to place and effect insurance, (life,
accident, or health), to borrow against, to chanqe the
beneficiary of, and otherwise take such steps as are
deGmed by my attorney as necessary or appropriate as to
handle such insurance;
3. CHECKING ACCOUNTS, SAFETY DEPOSIT BOX - to endorse all
checks and drafts made payable to my order, and collect
the proceeds, to enter and remove from any safety
deposit box or boxes that are standing in my name any
items, to sign my name for checks on all accounts
standing in my name, to withdraw funds frolR said
accounts and to open accounts either in my attorney's
name or in my name as attorney in fact;
4. CLAIMS - to collect, compromise and receive all sums of
money, dividends, interest, payments on account of
debts, and legacies on all property now due or which
may hereafter become due and owing to me, or claims
paqe 1 of 5
BOOK 520 PACE 261
'.
made against me, and to qive good and valid receipts
and discharges for such payments,
5. SECURITIES - to sell, assign, and transfer stocks and
bonds and securities standing in my name lit such prices
and on such terms as shall seem reasonable to my
attorney;
6. BORROWING - to borrow money, and to pledqe or mortqage
therefor any property, real or rersonal, which I may
own, to make payments and expend tures as may, for the
purposes of investment, re-investment, raisinq
necessary funds, or otherwise, be necessary in
connection with any of the foreqoing matters or with
the administration of my affairs,
7. AGENTS, LITIGATION - to retain counsel, aqents, and
attorneys on my behalf and/or appear for me in any
action in which I may be a party or my interest
affected, and prosecute, defend, or settle any claims,
8. GIFTS, TRUSTS - to make gifts, whether absolute,
contingent, or in trust, and in such amounts, to such
persons, including the donee hereof, despite the
obvious conflict of interest thereof, and on such terms
and conditions as my attorney deems appropriate,
including power to distribute assets to any inter vivos
trust, and power to create a trust for my benefit and
to make additions to all existing trusts for my benefit;
9. BONDS - to act in my behalf in all transactions
necessary for the purchase of certain issues of United
States Treasury bonds rede~mable at par in payment of
Federal estate taxes levied upon my estate;
10. EXPENSES - to incur for me, and pay, from my assets,
any necessary and appropriate expenses, to support me
in the style to which I have become accustomed, and to
use assets of mine for maintaininq the standard of
livinq of my spouse, children, and any other
dependents, and my attorney shall not be required to
incur any such expense personally;
11. RETIREMENT PLANS - to do all acts necessary to
contribute to or withdraw assets from any retirement
plan, or otherwise act in connection therewith;
Page 2 of 5
800K 520 f^GE 26~
12. FORGIVB DEBTS - to forqive debts;
13. MAKE BLECTIONS - to make such elections and diaclaimen
in connection with any matter to the same extent as we
could if present, includinq the power to claim an
elective share of the estate of my deceased spouse and
to disclaim any interest in property;
14. MEDICAL POWERS - to authorize my admission to a medical
or nursing residence or similar facility, to enter into
aqreements for my care, and to authorize medical and
surgical procedures;
15. TAXE~ - to prepare, execute, and file all income tax,
gift tax, social security or unemplnyment insurance and
information returns required by the laws of the united
States, or of any state or subdivision thereof, to
confer with revenue agents, to prepare, execute, and
file refund claims, to collect any tax refunds from the
United States or any state or subdivision, to execute
agreements extending the statute of limitations, to
represent me or obtain representation for ene before the
Tax Court of the United States or any other court in
connection with any tax matters, and to do anything
whatsoever requisite or necessary in connection with
all income tax, gift tax, social security and
unemployment insurance taxes required by the laws of
the United States or any state or subdivision that I
could do in my own person I
16. MANAGING BUSINESS - to manage, control, and take charge
of any business which I own or in which I have an
interest, and to do everything necessary to carryon
and continue the affairs of the business including the
purchase of materials and supplies, the hirinq and
firinq of personnel, the acceptance of orders for and
delivery of merchandise and qoods produced, either in
cash or for credi.t, the acceptance of checks, notes, or
documents of title in connection with the operation of
the businoss, and the making, issuance, endorsinq of
any chocks, notes, or documents of title as may be
necessary in the judgment of my attorney-ln-fact;
17. MISCELLANEOUS - to renounce fiduciary positions, to
withdraw and receive the income or corpus of a trust;
Page 3 of 5
eOOK 520 P^CE ~63
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GBNERAL - to do all tho.. thinql which I miCJht do with
any property, whether real or personal, and not to be
limited in my attorney's power and authority to act for
ms under those powers enumerated herein.
Provided, however, that this appointment of attorney shall
be in full force and effect until revoked in writing by Donor.
18.
This APfointment of Attorney shall not be affected by my
subsequent d lability or incapacity, it being my intention that
this Appointment of Attorney shall survive me, such dilability,
or incapacity, and shall be exercisable notwithetanding luch
dieability or incapacity.
The qrant of any invalid power hereunder shall not affect
any other power hereunder.
The following is a specimen siqnature of the person to whom
this Appointment of Attorney is qiven.
~..~ ~Jf),,~
L.A. MCCOLLOUGH
Page 4 of 5
BOOK 520 PACE 264
. .
II}! DBBRA J.
~ day of
bound hereby.
MILLBIJ, have
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.et my hands and seale hereto, this
1996, intendinq to be leqally
Jilt) V 0t~, {
DBBRA J. MILLER
We have witnl!Bsed the signatures to this Appointment of
Attorney I
atL;7' ~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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55:
On this the '~f~ day of ~~y 1996, before me, a
Notary Public in and for said Coll1llionweal th and County, the
undersiqned officer, personally appeared Debra J. Hiller, known
to me (or satiSfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledqed that she
executed the same for the purposes therein contained, and desired
the same to be recorded as such.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial
Seal.
'::'. of "'enneylvan.. J
' , .tv of Curnbert'nd IS
. . dcd in lhe office for lhe
.. and for Curnbe I recontJno of 0...
, ,/II' ,! tlooII ~ Yo,' !.nd County, ...
, ;"".'~m"~ d ,_P.",Ol.Io'
. n ~ 'nd ,..1 of off
'. ,;, 'iI. PA thl, --!.I:l.:\. Ice of
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BOOK 52() PACE 265
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DB BRA J. MILLER, I IN THE COURT OF COMMON PLEAS OF i
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I No. 96-2872
I
BARRY A. MILLER, I CIVIL ACTION - LAW
Defendant I :t:N DIVORCE
DEFENDANT'S AFPIDAVIT OP CONSBNT
IDI.ImR SECTION 33011cl OP THE DIVORCB CODB
1. A complaint in divorce under Section 3301(c) of the
Divorce Code was filed on the 23th day of May, 1996.
2. The marriage of the Plaintiff and the Defendant is
irretrievably broken and ninety days have elapsed from the date of
the filinq of the Complaint.
3. I consent to the entry of a final decree of divorce after
service of notice of intention to request entry of the docree.
4. I verify that the statements made in this affidavit ar~
,
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. S 4904 relatinq to
unsworn falsification to authorities.
i Datel~
Signature I K5~ 4'. h/~
Barr . iller
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DEBRA J. MILLER, I IN THE COURT OF COMMON PLEAS OF : I
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA :
I "['
VS. I No. 96-2872 I
,
I I
' BARRY A. MILLER, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
DBPBNDANT'S WAIVER OP NOTICB OP INTENTION
TO RBQUBST BNTRY OP A DIVORCB DBCRBB
UNDER SBCTION 33011c\ OP THB DIVORCB CODB
1. I consent to the entry of a final decree of divorce
without notice.
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2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees, or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a divorce,
decree is entered by the Court and that a copy of the decree will'
be sent to me immediately after it is filed with the prothonotary.
4. 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. S 4904 relatinq to
unsworn falsification to authorities.
I!
Siqnaturel --<5' ~. ~,J?2d~
Barry . iller
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DEBRA J. MILLER, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
VS. I NO. 96-2872
I
BARRY A. MILLER, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
AFFIDAVIT OP SBRVICB
TO THE PROTHONOTARY I
I, Matthew J. Eshelman, Esquire, verify that the Complaint
in Divorce has been served upon the Defendant indicated above
by first class, Certified Mail No. P 224 575 265, postaqe
prepaid, ~eturn receipt requested, pursuant to the requirements
of Pa. R.C.P. 1930.4.
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"'I 1<;ompIIIe ~ 1 ~Ot' lot 1ddl1IonII1IMcI1.
'ComfHII tteml3, 4_, and 4b.
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I, I .=:'it.o.n ,,-1Itq_' on tho mall,,*" bolo. Iho ortldo....-,
. In. """'" ill_pi wtllhow 10 whOm the article W'I dlNvlNdll'ld the dill
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Respectfu ly submitted,
It! .If d L-
! VAL l! C,., ':l--
Matthew J. E helman, Esquire
Law Offices f Patrick F. Lauer, Jr.
2108 Market Street, Aztec Buildinq
Camp Hill, Pennsylvania 17011-4706
10. 72655 Tel. (717) 763-1800
~~~~--*~--_._------_._--------~
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81 8
:i IN THE COURT OF COMMON PLEAS :
$i OF CUMBERLAND COUNTY ~
$ ~~ 8
:: STATE OF ~~~ PENNA. :
8 iii
iii 8
III DEBRA J. MIl.LER,
8 Plaintiff I\i (), 96-;!a7/1..XPl~ :
8 \'.'1,11.. 8
iii 8ARRY A. MILLER, 8
iii Defendant 8
111 111
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~I DEe R EEl N *
:1 D I V 0 R C E i:
· AND NOW, ....,.." , . ....,... .. .....,., 19.,."., it is ordered and ~
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111 decreed that ,..,. .. P'~I;>:ril..J:. ,f'I,i,U~;r. . .. .. .. " plaintif, 8
iii and. .. .. .. , .. Ba,r,r:y, A.., MHlElt" , .. . . . . . .. " , ' " defendant, iI
iii ore divorced from the bonds of matrimony. I~
iii ~
iii The court retains jurisdiction of the following claims which have I ~
111 been raised of record in this action for which a final order has not yet I ~
.:. been entered; I'
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