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HomeMy WebLinkAbout96-05080 \ \I - - '- " ~ \ \ ''\ / f f i j ...... . '0 c..... . ~( ~. ao. ~I ~ THIS DIVORCE SETTLEMENT AGREEMENT. made this I 4egayof AI A1lL..J-I- .1997, by and between TAMMY SUE MILLER. of Wormleysburg. Cumberland County. Pennsylvania (hereinefter called 'Wife"). and TODD LOREN MILLER. of Lemoyne. Cumberlend County. Pennsylvania (hereinafter called .Husband"). WIT N E SSE T H: WHEREAS. Husband and Wife were lawfully married on September 21, 1983. in Camp Hill. Pennsylvania; and WHEREAS. two (2) children have been born of this marriage. MICHAEL TODD MILLER (d.o.b. October 31. 19851 and EMIL Y LYNN MILLER (d.o.b. January 3. 19911; and WHEREAS. differences have arisen between Husband and Wife the consequence of which they intend to live separate and apart from each other; and WHEREAS. Husband and Wife desire to settle and determine their property rights and obligations growing out of their marital relationship; and WHEREAS. the parties desire to confirm their understanding in writing. NOW. THEREFORE the parties hereto, intending to be legally bound hereby, agree as follows: 1. S-~fiaft. The parties hereto shortly after the signing of this Agreement shall live separate and apart and will not cohabitat. with each other. It shan be lawful lor each party at III times hereafter to live separate and apart from each other at such a place Of placlS as he Of she may from time to time choose or deem lit. 2. .,twlwMCe. From the date 01 signing this Agreement. each party shall be fr.. from interference. authority and control of the other. IS fully as if he Of she were single or unmarried. e"cept . as may be necessary to carry out the provisions of tt.is Agreement. Neither party shall molest or attempt to endeavor to molest the other, or compel the other to cohabitate with the other or in any way harass or malign the other, or in any other way interfere with their peaceful existence, separate and apart from the other. 3. Mutuel R.I.es.. Subject to the provisions contained in this Agreement. each party has released and discharged. and by this Agreement does for himself or herself. and his or her heirs. legal representatives. executors. administrators and assig"s, forever release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other. except a cause or causes of action for divorce or all causes of action for breach of any provisions of this Agreement. Further. each party. subject to the provisions of this Agreement. releases and forever discharges the other from any and all claims one may have against the other arising out of this matrimonial action, including, but not limited to alimony. alimony pendente lite. spousal support. equitable distribution. counsel fees. costs and expenses. 4. Welverof CIe/ms A_Ins' 'h. Este'.. Except as harein otherwise provided. each party may dispose of his or her property in any way. and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future law of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship. including, without limitation. dowry. courtesy. statutory allowance. widow's allowance. homestead rights. right to equitable distribution, rights to take in intestacy. right to elect ageinst the will of the other. and right to act as administrator or executor of the other's estate. Each party will. at the request of the other. execute. acknowledge and deliver any and III instruments that may be necesslry or advisable to carry into effect this mutual waiver and relinquishment of all such interests. rights and claims. 5. DIvIskJn of PwsOlMII'rtJD<<fy. Except as set forth herein. each 01 the parties hereto has divided between themselves. to their mutual satisfaction. an items 01 tangible and intangible marital personal property. including household furnishings Ind other similar property e.cept as otherwise speCifically provided herein. Neither party shall make any claim to any such item. 01 marital property. or 01 the seperlte personal property of either party. which are now in the possession Ind/or under the control of the other. Should it become necessary, the parties eeeh agree to sign. upon request, any titles or documents neceSSlry to give efleet to this paragteph. The property shell be deemed to be in the possession or under the control of either party If. in the case of tangible personal property, the Item is physically in the possession or control of the party at the time of the signing of this Agreement. and in the case of intangible personal property, if any physical or written evidence of ownership, such as a passbook, check book, policy or certificate of insurance or other similar writing is in the possession or control of the party. With respect to the motor vehicles owned by one or both of the parties. they agree 8!1 follows: A. The 1990 Chevrolet pick-up truck titled in Husband's name shall become the sole and saparate property of Husband, subject to any liens and encumbrances. Husband agrees to indemnify and save harmless Wife on account of any said obligation. B. ",,"101 ~~/If_ ,tr#" The 1987 Jeep Cherokee in W'Husband's nama. shall becoma the sole and separate proparty of Wife. Wife's 1987 Jeep Cherokee is unencumbered and Wife egrees to save harmless Husband from any further financial responsibilities incident to ownerShip of said Jeep. The titles to the said motor vehicles shall be axecuted by the parties, if appropriate. fOf effecting the trans far as herein provided, on the date of execution of this Agreement if the title is in the possession of one or the other party. In the event that either Of.1I of title to the said vehicles shall be in the hands of a bank Of other holder of the lien Of encumbrance upon said vehicle, the parties agrea to advise such bank or holder as to the transfer of title set forth herein and they further agrae to execute whatever documents may be required to transfer title Of said document of title as in the hends of such bank or holder. 6. DItMJoIJ 0' RMlI'lOltMt.,. Wifl agrllS and does hereby transfer III of her right. titll and interest In end to the real estate situated at 719 Hummel Avenue. Lemoyne. Cumberland County. F'eMSylVanl'. now titled in the name of Husband .nd Wife as tenants by the entireties to Husband. and IgrllS to immedIately e.ecute now and in the Mutl. eny Ind all deeds. documents. 01' papers necessary to allect such transfel' of tItle upon request. Wife further ecknowledges thlt upon her execution of this Agreement she his no c;laim. right. interest. or title whltsoever in said Itat property .nd fulther agrles ne....r to u"" eny c:Ieim to said property. Said transfer tNIl be effective immadi.tely upon Huslltnd'S and Wife's execution of this Agreement. Husband hereby covenants and agraes to assume and pay in full on a timely basis any obligations encumbering or constituting a lien upon said property and further covenants and agrees that he will indemnify and save Wife harmless from any and all liability, expense, cost, or loss whatsoever as a result of his nonpayment of or nonperformance of said obligations. In consideration for Wife's transfar of ell her right, title and interest in tha real estate situated at 719 Hummel Avenue, Lemoyne, Cumberland County, Pannsylvania, to Husband. Husband hereby agrees to pay Wife Ten Thousand Dollars (&10,000.001. Said sum rellects Wife's share in the equity of the marital home as well as a significant portion of the marital hDme's equity encumbered by the purchase of Husband's 1990 Chevrolet pick-up truck. Husband agrees to transfer said sum upon Husband's and Wife's execution of this Agreement. 7. AdditloNlllMtrumfHIts. Each of the parties shall, on demand. execute and deliver to the other any deeds. bills of sale. assignments, consents to change of beneficiary on insurance policies, tax returns and other documents and do or cause to be done any other act Of thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision. that party shall pay to the other, all attorneys fees, costs and other expenses reasonably incurred as a result of such failure. 8. Debt. IInd L'-bllitle.. Husband and Wife hereby represent and warrant to the other that he or she has not incurred any debts or liabilities or made any contracts fOf which tha othar Of his or her estate may be liable. except as stated in this Agreement. If either party has incurred an individual obligation during the term of the marriage, that party shall be responsible to discharge said obligation and hereby agrees to indemnify and save the other spouse harmless on account of said obligation. g. WllnMtIf II' to FutrIft OMfaafions. Husband and Wife each covenant. warrant. repr.sent and allree that with the exception of the obligations set forth in this Agreement, neither of them shall hareafte' incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the othaf patty for and against any and all debts. cha'ges and Iiabillt..s incurred by the ottltr aft" the data OfaxlC\ltlon of this Ag,eement, ellc.pt IS may be otherWIse spe<:,f,cllly prOlrided for by the terms of this AQretmtrlt. 10. Ah.r A caul,.dP'lfsanal Prou,"". Each of the parties hereto shall hereafter own and enjoy. independent of any claims or right of the other. all items of personal property, tangible or intangible. hereafter acquired by him or her, with full power in him or her to dispose of the same as fully end effectively. in all respects and for all purposes, as though he or she were unmarried. ". R.Dfls.nt.tlon bv Couns.l. Both Husband and Wife acknowledge that they are fully aware of the assets and income of each other and that they enter into this Agreement fully understanding their respective rights and responsibilities. Each party has been fully informed as to his or her legal rights and obligations and acknowledges that he or she enters into this Agreement fully and voluntarily without any duress or undue influence. Each party has had the opportunity to receive independent legal advice and each party acknowledgas that this Agreement is fair and equitabla under the circumstances. 1 2. Custodv. For purposes of this paragraph. Husband shall hereafter be referred to as Father and Wife shall hereafter be referred to as Mother. A. Mother and Father shall have shered legal custody of their children. Michael Todd Miller (Born October 31. 19851 and Emily Lynn Miller (born January 3. 1991). Shared legal custody includes and requires consultation between the parties in making all major decisions effecting the children's best interests. including major health and medical, educational and religious decisions. Each parent shall provide the other parent with information concerning these matters. B. Mother shall be the primary physical custodian of the children. C. During the week. Mother shall deliver the children to Father's residence at about 6:50 A.M. depending upon Mother's employment houri, prior to her going to work and Father shall take the children to school or to the dayeare prOvider or shall assume physical custody. depending on whether school is in session or Husband is working. Mother shall retrieve the children from school. the dayeare provider or trom Husband in the afternoon. I. Transportation to and from the parties' houses shall be shared. Except as otherwise specifically provided for, the weekday arrangements in subparagraph C above. when Father has partial custody of the children, he shall transport them to his house end Mother shall retrieve the children at the end of the period of partial custody and transport them back to her house. J. Each party shall provide reasonable prior notice to the other party of any intention to relocate his or her residence. K. During such time as the children reside with the other parent, that parent shall be responsible for all aspects of the children's care. including medical needs and shall have the duty to immediately advise the other parent of any unusual occurrences or any illness. Each of the parties hereto acknowledge that it is important that the children continue to have a relationship with both the Father and Mother. and each hereby agrees to assert his or her best efforts to insure that those relationships continue and is not in any way adversely affected. The parties agree that these provisions pertaining to custody, may upon the application of either party, be entered as a court order. 13. Consultation 1'rftthws. In addition to any provisions which may be contained herein regarding custody and visitation. Husband shall have the following rights with respect to the children: reasonable telephone calling privileges; access to report cards and other relevant information concerning the progress of the children in school; approval of extraordinary medical and/or dental treatment except in the case of an emergancy and provided that such approval shall not be unreasonably withheld; approval of summer camp and schoofs provided that such approval shall not be unreasonably withheld. 14. Child ~.- The parties acknowledge that Husband's obligation to provide for support for the parties' minor children has been detltmlined pursuant to en Order Of Court entered October 4. 1996. which Order is subject to modification upon a change of circumstances. 15. HN1r116u-.r(f. Husband shall milntain hulth inSurance coverage for the benefit of the minor children which is paid for him by his employer. 16. Mutuel Consent Divorce. The parties agrea and acknowladge that their marriage is irretrievably broken, that they do not desire marital counseling. and that they both consent to the entry of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980. as may be amended (hereinafter referred to as the Code). Wife has filed a No.Fault Divorce action in Cumberland County Court at her sole cost and expense, and both parties agree at the appropriate time to execute such consents. affidavits and other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301(c) of the Code. Upon request, Husband and Wife shall execute any waivers of notice or other waivers necessary to expedite such divorce. 17. Tu Refund. The parties, ifstilllegally married on January 1, 1997, will file a joint 1996 federal tax return and agree to split the refund evenly so that each party will receive one-half 11/21 of the proceeds refund by the IRS. If not. Wife will claim the children as dependents on her 1996 federal tax return as well as all other returns in the future providing Wife has primary physical custody of the minor children. 18. EffKt of the DIvorr:e Decree. The parties agree that this Agreement shall become incorporated into the Divorce Decree. 19. Senk Accounts. Certlficetes. PensIon Funds and other Assets. Eech party shall retain any individual retirement account in his or her name. Each party shall retain as his or her own property, any pension. stock. savings or other plan through his or her place of employment. or otherwisa. whether vested or non vested. Each party shall be and remain the sole owner of any other aSSlt in his or her control not specifically covered by other provisions in this Agreement. Should it become necesSlry. eech party agrees to sign any other titles or documents necessary to give effect to this section upon request of the other party. 20. S,..c/t. If either party breaches any provision of this Agreement, the other party shall have the right. It his or her election. to SUtl for damages for such br.ach. The party breaching this Agreement shell be responsible fot the payment of all legal fe.. and costs incurred by the other in enfotcing his or her fights under this Agreement. ot ..eking such other remecfy ot relief as may be availeble to him ot her. .......""- { - .- ~ l!: Q <f - ~. ~ ~- a ~F i..;" i~ ~ ...( "":".: ) ::~. ~ - .'> ~ '>7 .....,.. .,;l E> -, , y.."# - ~ . ~ ~ rl: c' j 1\ l.- Ii ,- .:i , . \." 0._1 6,. ~ (.:ll . ~'">"\ I:) 006166 OOOOIlScplcmber26. 19961MCDIPARI'662I TAMMY SUE MILLER. . IN THE COURT OF COMMON PLEAS OF . PIaIndff CUMBERLAND COUNTY. PENNSYLVANIA Y. NO. ~(p. ~-()rO - c,~~ 1',........... . . TODD LOREN MILLER. : IN DIVORCE Defendant ~ I hereby certify thet on the 26th ct.y of September. 1996.1 served e true and correct copy of the Complaint In Divorce upon the Defandent. TODD LOREN MILLER. by certiflld mail. restricted deUvery to him at 719 Hummel Avenue. Lemoyne, Pennsylvania. 17070. by return receipt rlQUllted, attached hereto and made e part hereof. JOHNSON. DumE. STEWART. WEIDNER Date: 1/:", 'It... By: ~c~- Attorney 1.0. No. 75908' 301 Market Street P.O. lox 109 Lemoyne, Pol. 17043-0109 T.1lhoM 17171761-4540 Attorneys for Plaintiff TlIlMty Sue Millet J ~ n. .. <..: I ~ It'' -, ( ),. (;: . '. ~. .' ., C :'.1 .-- ,.~ . ..... . L , , .) .. . .. . ~ ...... TAMMY SUE MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 96-5080 CIVIL TERM : CIVIL ACTION - LAW : DIVORCE TODD LOREN MILLER, Defendant AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A COMplaint in Divorce under Section 3301(c) of the Divorce COMplaint vas filed on Septeaber 13, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed froa the date of filing the Coaplaint. 3. I consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of ..rriage counseling and understand that I ..y request that the Court require that -r spouse and I participate in counseling, aeinq so advised, I do not request that -r spouse and I participate in co~eling prior to a Decree in Divorce beinq handed down by the Court. I verify that the state..nts ..de in this Affidavit are true and correct, I understand that false atate..nta herein are ..de .ubject to the penal tie. of 18 Pa. C.S. 14904 relatinq to ~vorn falsification to authorities. Detyl/9 } . t/ /' 'it,<< ... ,"~ -j. .t,l ~~if-.t"~~ ~ . .' TAMMY SUE MILLER, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. . NO. 96-5080 CIVIL TERM . . . TODD LOREN MILLER, . CIVIL ACTION - LAW . o.fendant DIVORCE WAIVER or NO'1'ICE or IN'l'INTION TO REQUEST EN'l'Ry or A DIVORCE DECREE UNDER SEC'l'ION 330l(c) or THZ DIVORCE CODE 1. I cons.nt to the entry of a final decree of divorce without notice. 2. I understand that I may lose right. concerning aliaony, division of property, lawyer'. fee. or expense. if I do not clai. the. before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree i. entered by the Court and that a copy of the decree will be .ent to .. i...diately after it i. filed with the Prothonotary. I verify that the .tate.ents ..de in thi. Affidavit are true and correct, I understand that false state..nt. herein are ..de subject to the penal tie. of 18 'a, C.S. Section 4909 relating to unsworn fal.ification to authoritie., Date p~l if}tf~/ Segment 81 December 25 at noon tbrougb December 26 at noon. During even numbered years, Father shall bave Emily for Segment A and Mother sball have Emily for Segment B. During odd numbered years, Motber shall bave Emily for Segment A and Father sba11 bave Emily for Segment B. 5. The Thanksgiving bOliday sball be rotated as follows I Segment AI Thanksgiving Eve from 5130 p.m. to Thanksgiving Day at 6100 p.m. Segment 81 Thanksgiving Day at 6100 p.m. througb the day after Thanksgiving at '130 p... During odd numbered years, ratber shall have Emily for segment A and Motber shall have Emily for Segment 8, During even numbered years, Motber shall have Emily for Segment A and ratber shall have Emily for Segment 8, 6. Transportation to and from the parties' bouses shall be sbared. When Motber has partial custody of Emily, she shall transport Emily to her house and rather shall retri... Emily at the end of tbe period of partial custody and transport Emily back to hi. hou.e. 7, aach party shall proYid. r.a.oD&ble prior DOtlce to the otber party of any intention to relocate hi. or bar nddeDCe. Page 2 of 3 TAlCMY' SUB HILLER, I IN THE COURT OF COIOION PLEAS Plaintiff I CUHBERLAND COtlNTY, PENNSYLVANIA I v. I NO. 96-5080 CIVIL TERN I TODD LOlUl:N HILLER, I Defendant I CIVIL ACTION - CUSTODY STIPULATION FOR CUSTODY ORDER AIm NON 'l'HIS I \t. day of 'fIw~_ , 200&, it i. .tipu1ated bet..an Plaintiff T~ SUe Hiller, (hereinafter referred to a. "Mother-) and Defendant Todd L. Killer, (hereinafter referred to a. "rather-) that cu.tody of the partie.' m.nor Child, bily Lynn Killer (hereinafter referred to a. "DdlY'"), .hall be a. followal 1, Mother and rather .ha1l have .hared legal cu.tody of the their m.nor child. bily Lynn Killer (bora January 3, 1191). Shared legal cu.tody include. and require. con.ultation bet..an the partie. in .&king all ..jor deci.ion. affecting Ddly'. be.t intere.t., including ..jor health and .edical, educational and religious decidon.. hch parent ahall proYide the other parent with iDfo~tiOD coneeraing tba.e ..tter., 2, ratbar .hall be the prt.ary phyaical custodian of Ddly. 8, During .uch time a. Emily r..id.. with the oth.r par.nt, that parent .ha1l be r..pon.ib1e for all a.p.ct. of Emily'. care, including medical n.ed. and .ha11 have the duty to immediat.ly advi.e the other par.nt of any UDu.ua1 occurr.nc.. or i11n.... Each of the part i.. h.reby acknowledge that it i. important that Emily continue to have a r.1ation.hip with both the rather and Moth.r, and each hereby agr.e. to a...rt hi. or h.r be.t effort. to in.ur. that that relation.hip continu.. and i. not in any _y adver.e1y aff.cted. Th. parti.. agre. that th... provi.ion. pertaining to cu.tody, may upon the application of .ither party, be entered a. a court order. g. rathar and Mother .hall each have the fOllowing righte with regard to z.11YI rea.onabl. telephone calling privi1eg.., acce.. to r.port card. and other relevant information concerning z.11y'. progr... in .cbool, approval of extraordinary .-dical and/or dental trea~t exc.pt in the ca.e of an ..-rgency and provi4ed that .\lch approval .hall not be unrea.onably witbhe14, and approval of .~r C&IIIP and .cbool. provided that ncb appl1Wal aball DOt be unr...oubly witbhe14, .3- ~ ;j ~-~ >- .~ .... L ,... ~ ", . 9- .0) r " - :...c .." " ...., "" .. ,-~ .~ t-~4;.1 . . ....' ~ tJ. .." :.) ~_.~ () ~... V .... . through Sunday at 6100 p.m. If a holiday falls on the Friday when Father's weekend begins. then, at Father's option. Father's weekend shall begin at 9100 a.m, on that Friday. If a holiday falls on the Monday after Father's weekend. then. at Father's option, Father's weekend shall be extended through 6100 p.m. on that Monday. B. Every Easter Sunday from 9100 a,m. through 3100 p.m. C. A total of 2 weeks uninterrupted custody each summer which. at the option of rather, shall be either consecutive or non-consecutive weeks. rather shall give Mother at least 3 weeks notice of the week or weeks of summer custody which he has selected. D. At such other times as the parties shall agree. .. The Chrlstaas holiday shall be rotated as follOWllI Segment AI Dec.-ber 2. at noon through Deceaber 25 at noon. Segment BI Dec.-ber 25 at noon through December 26 at noon. DIlrlng even nWlbered yeara, rather shall have IDaily for Segment A and Mother shall have Daily for S~t B. DlU'ing odd nWlbered years, Mother shall have Daily for .~t A and rather shall have Daily for I~nt B. 5. The ThanJl.svhinV holiday shall be rotated as followa. Page 2 of . Segment AI Thanksgiving Eve from 5130 p,m. to Thanksgiving Day at 4100 p.m. Segment BI Thanksgiving Day at 4100 p.m. through the day after Thanksgiving at 5130 p.m. During odd numbered years. Father shall have Emily for Segment A and Mother shall have Emily for Segment B. During even numbered years. Mother shall have Emily for Segment A and Father shall have Emily for Segment B. 6. Transportation to and from the parties' houses shall be shared. When Mother has partial custody of Emily, she shall transport Emily to her house and Father shall retrieve Emily at the end of the period of partial custody and transport Emily back to his house. 7. Each party shall provide reasonable prior notice to the other party of any intention to relocate hi. or her residence. e. During such time as Emily reside. with the other parent. that parent shall be responsible for all aspect. of Emily'. care. including -.dical needs and shall bave the duty to i..ediately advise the other parent of any unu.ual occurreace. or illne.s, Each of the parties hereby acknowledoe that it is i~rtant that z.!ly continue to bave a relationship with both Page 3 of 4 RECEIVED OCT 13 lOG'! :I',~ TAlGIY SUE MILLER, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO, 96-5080 CIVIL TERM I TODD LOREN MILLER, I Defendant I CIVIL ACTION - CUSTODY STIPULATION FOR CUSTODY ORDER AND HOW THIS 6[!... day of {)k~ ~, 2005, it is atipu1ated between Plaintiff T~ Sue Miller, (hereinafter referred to aa -Mother-) and Defendant Todd L. Miller, (hereinafter referred to aa -Father-) that cuatody of the partiea' ~nor Child, Emily Lynn Miller (hereinafter referred to aa -Emi1Y"), aha11 be aa fo11owa I 1. Mother and Father aha11 have ahared legal cuatody of the their ainor child, Emily Lynn Miller (born January 3, 1ttl). Shared legal cuatody includea and requirea conaultation betwean the parties in making all major deciaion. affecting Emily'. be.t intereat., including major health and medical, educational and religious decisiona. hch parent shall provide the other parent with info~tion concerning the.e matter.. 2. Nother .hall be the prll1&l'Y phy.ical custodian of Emily. 1. The Plaintiff/Petitioner is Tammy Sue Miller (hereinafter "Mother") who resides at 5 Mulligan Drive. Etters. Newberry Township. York County, Pennsylvania 17319. 2. The Defendant/Respondent is Todd Loren Miller (hereinafter "Father") who resides at 329 Garriston Road. York Haven. York County. Pennsylvania 17370. 3. The parties are the parents of a minor child. Emily Lynn Miller. bom January 3.1991. 4. The parties are also the parents of Michael Todd Miller. born October 31. 1985. who is now nineteen (19) years of age and has obtained majority. 5. The parties were formally married and divorced by a Decree in Divorce dated April 2, 1997. which is docketed to the above captioned docket number. 6. The parties entered in to a Marital Settlement Agreement dated March 14. 1997. which was incorporated into the Divorce Decree and contained custody provisions in paragraphs 12 and 13. 7. The custody provisions contained in the Marital Settlement Agreement were modified by Petition filed by Father on or about March 1.2004. At that time the parties entered in to a Stipulation with regard to the custody of the minor child. 8. As part of the Stipulation. Father became the primary physical custodian of the minor child and Mother has rights of partial physical custody at such times as Mother and Father shall agree. 9 During the past five years. the minor child has primanly resided wrth the following person. at the following addresses Persons ~ddress Date 1. Mother Hummel Avenue 1998-1999 Lemoyne, PA 17043 2. Mother 519 South 16th Street 1998-2003 New Cumberland, PA 17070 3. Mother 5 Mulligan Drive 2003-Feb. 2004 Etters, PA 17319 4. Father 329 Garriston Road Feb. 2004-May 2005 York Haven 17370 5. Mother 5 Mulligan Drive July 2oo5-Present Etters, PA 17319 10. Mother currently resides with the following person: lY!!!l RelationshiO Renee Inman Friend 11. Father currently resides with the following persons: tiImt o.yteMiIIef Christopher JUl'npet RelationsbiQ Spouse Step-son 12. Except IS dHcribed herein, Mother has not participated IS . pefty Of wi1nesa, 01' In II'lOCher ~ in another litigation eoneeming the custody of the c:hiId in this or any other court. Mother has no information of any custody proceeding pending in any of the courts of this Commonwealth or any other State. Mother does not know of a person not a party to the proceedings who has physical custody of the minor child, or claims to have custody or visitation rights with respect to the child. 13. The minor child has been living primarily with Mother since July 2005. 14. Mother requests modification of the custody terms of the Stipulated Order to provide as foUows: A. Mother and Father shall have shared legal custody of the minor child, B. Mother shall have primary physical custody of the minor child. C. Father shall have partial custody of the minor child at such times as the Mother and Father shall agree. 15. The best interests and permanent welfare of the minor child will be served by granting the leave relief requested, which will confirm the custody arrangement currently in effect between the parties for the minor child. Further, it is the child's desire to reside with Mother. HI. Back in July 2005. the parties discussed and agreed to allow the minot ehild to reside primarily with Mother. " . . . TAMMY SUE MILLER, : IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. : NO. 96-5080 CIVIL TERM . . TODD LOREN MILLER, . . Defendant CIVIL ACTION - CUSTODY STIPULATION FOR CUSTODY ORDER AND NOW THIS 1\1L day of ~ , 2004, it is stipulated between Plaintiff Tammy Sue Miller, (hereinafter referred to as "Mother") and Defendant Todd L. Miller, (hereinafter referred to as "Father") that custody of the parties' minor Child, Emily LYnn Miller (hereinafter referred to as "Emily"), shall be as follows: 1. Mother and Father shall have shared legal custody of the their minor child, Emily LYnn Miller (born January 3, 1991). Shared legal custody includes and requires consultation between the parties in making all major decisions affecting Emily's best interests, including major health and medical, educational and religious decisions. Each parent shall provide the other parent with information concerning these matters. 2. Father shall be the primary physical custodian of Emily. . . 3. Mother shall have partial physical custody of Emily at such times as Father and Mother shall agree. 4. The Christmas holiday shall be rotated as follows: Segment A: December 24 at noon through December 25 at noon. December 25 at noon through December 26 at noon. Segment B: During even numbered years, Father shall have Emily for Segment A and Mother shall have Emily for Segment B. During odd numbered years, Mother shall have Emily for Segment A and Father shall have Emily for Segment B. 5. The Thanksgiving holiday shall be rotated as follows: Segment A: Thanksgiving ~e from 5:30 p.m. to Thanksgiving Day at 4:00 p.m. Segment B: Thanksgiving Day at 4:00 p.m. through the day after Thanksgiving at 5:30 p.m. During odd numbered years, Father shall have Emily for Segment A and Mother shall have Emily for Segment B. During even numbered years, Mother shall have Emily for Segment A and Father shall have Emily for Segment B. 6. Transportation to and from the parties' houses shall be shared. When Mother has partial custody of Emily, she shall transport Emily to her house and Father shall retrieve Emily at the end of the period of partial custody and transport Emily back to his house. 7. Each party shall provide reasonable prior notice to the other party of any intention to relocate his or her residence. - 2 - -" 8. During such time as Emily resides with the other parent, that parent shall be responsible for all aspects of Emily's care, including medical needs and shall have the duty to immediately advise the other parent of any unusual occurrences or illness. Each of the parties hereby acknowledge that it is important that Emily continue to have a relationship with both the Father and Mother, and each hereby agrees to assert his or her best efforts to insure that that relationship continues and is not in any way adversely affected. The parties agree that these provisions pertaining to custody, may upon the application of either party, be entered as a court order. 9. Father and Mother shall each have the following rights with regard to Emily: reasonable telephone calling privileges; access to report cards and other relevant information concerning Emily's progress in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld; and approval of summer camp and schools provided that such approval shall not be unreasonably withheld. - 3 - ~. . IN WITNESS WHEREOF and intending to be legally bound hereby, the parties have executed this stipulation the day and year first above written. ATTEST: /) Y ~1:/ .~.. ----,--- (' / cg--- ./~. fll eft Tammy Sue Miller /i-j7/'/~ , I~ cR r)A~, Todd Loren Miller - 4 - r") C ):..., .-1 ;-:, i',' "r' GO; C) C"~ ~. Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire !.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff/Petitioner Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5080 CIVIL TERM CIVIL ACTION - CUSTODY TAMMY SUE MILLER, v. TODD LOREN MILLER, Defendant/Respondent PETITION FOR MODIFICA nON OF THE EXISTING CUSTODY ORDER AND NOW, this d~ day of .A.... ( "<-l j J , 2005, comes the Plaintiff/Petitioner, TAMMY SUE MILLER, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files this Petition for Modification of the Existing Custody Order and in support thereof, avers as follows: 1. The Plaintiff/Petitioner is Tammy Sue Miller (hereinafter "Mother") who resides at 5 Mulligan Drive, Etters, Newberry Township, York County, Pennsylvania 17319. 2. The Defendant/Respondent is Todd Loren Miller (hereinafter "Father") who resides at 329 Garriston Road, York Haven, York County, Pennsylvania 17370. 3. The parties are the parents of a minor child, Emily Lynn Miller, born January 3, 1991. 4. The parties are also the parents of Michael Todd Miller, born October 31, 1985, who is now nineteen (19) years of age and has obtElined majority. 5. The parties were formally married and divorced by a Decree in Divorce dated April 2, 1997, which is docketed to the above captioned docket number. 6. The parties entered in to a Marital Settlement Agreement dated March 14, 1997, which was incorporated into the Divorce De,cree and contained custody provisions in paragraphs 12 and 13. 7. The custody provisions contained in the Marital Settlement Agreement were modified by Petition filed by Father on or about March 1, 2004. At that time the parties entered in to a Stipulation with regard to the custody of the minor child. 8. As part of the Stipulation, Father became the primary physical custodian of the minor child and Mother has rights of partial physical custody at such times as Mother and Father shall agree. 9. During the past five years, the minor child has primarily resided with the following person, at the following addresses: Persons Address Date 1. Mother Hummel Avenue 1998-1999 Lemoyne, PA 17043 2. Mother 519 South 16th Street 1998-2003 New Cumberland, PA 17070 3. Mother 5 Mulligan Drive 2003-Feb. 2004 Etters, PA 17319 4. Father 329 Garriston Road Feb. 2004-May 2005 York Haven 17370 5. Mother 5 Mulligan Drive July 2005-Present Etters, PA 17319 10. Mother currently resides with the following person: Name Relationship Renee Inman Friend 11. Father currently resides with the following persons: Name REllationship Gayle Miller Spouse Christopher Jumper Step-son 12. Except as described herein, Mother has not participated as a party or witness, or in another capacity in another litigation conc:erning the custody of the child in this or any other court. Mother has no information of any custody proceeding pending in any of the courts of this Commonwealth or any other State. Mother does not know of a person not a party to the proceedings who has physical custody of the minor child, or claims to have custody or visitation rights with respect to the child. 13. The minor child has been living primarily with Mother since July 2005. 14. Mother requests modification of the custody terms of the Stipulated Order to provide as follows: A. Mother and Father shall have shared legal custody of the minor child. B. Mother shall have primary physical custody of the minor child. C. Father shall have partial custody of tine minor child at such times as the Mother and Father shall agree. 15. The best interests and permanent welfare of the minor child will be served by granting the leave relief requested, which will confirm the custody arrangement currently in effect between the parties for the minor child. Further, it is the child's desire to reside with Mother. 16. Back in July 2005, the parties discussed and agreed to allow the minor child to reside primarily with Mother. WHEREFORE, Mother requests this Honorable Court to i VERIFICATION I. TAMMY SUE MILLER, verify that the statements in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: R/J.5IQ" J . ~5u m~ TAMMY SUE MILLER :257413:10486-1 CERTlFICA TE OF SERVICE AND NOW, this 25th day of August, 2005, the undersign1ad does hereby certify that he did this date serve a copy of the foregoing upon the other counsel of record by causing same to be placed in facsimile and to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Kent H. Patterson, Esq. 221 Pine Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER ./ / .~ <" C"-"/Y{"/" . Duffie :256522 (:J ~ 70 i () -+ () ~ \j - ..c ~ r-- ~ ~ ~ ~ "-'-- n r \..";.; ", => (:_.'::1 ~/l :l','''"; C..- G") r-.' U1 '0) ~1 ~--n rY1E ~'q0J -~ ;_,'-::<;l, '." . ..,. ~ ;:~f~ ~-:;t ~~l ~ <-:? "" (.;-': G TAMMY SUE MILLER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 96-5080 CIVIL ACTION LAW TODD LOREN MILLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 30, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, P A 17055 on Wednesday, October 05, 2005 , the conciliator, at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday. Esq. Custody Conciliator y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with DisabiIites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 <,-b ~~~ -?! ~ ~ ~~~~ ~'~J(, ~ b ~ /fr'~ ~ /'?;J JO. Of'.../> -->Oo<fl 5C? /?E.,$ 1'''d,'\-ll('\I' V1i\lVi ~.'\~.).:." .--',......"t,..,.8 ....",..... ""'.., : ,-'r..,' I 11. !n{"'/~.' !, ,," '.' ;" I f\..ll~; 1\.' 6 ~ :S He! OS :;OV SODl I' '. 'd ~Hl ~o AUV10NOi-' .lU:::; -1:;1 J ~ 3:Jl~3o-0j ,:: - Rc::(r:-lIjC'1 .... <-._1 "-.J TAMMY SUE MILLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-5080 CIVIL TERM TODD LOREN MILLER, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW this :z-.<I' day of (l ch ......,. , 2005, upon consideration of the stipulation submitted by plaintiff, Tammy Sue Miller (hereinafter referred to as "Mother"), and defendant, Todd L. Miller (hereinafter referred to as "Father"), it is hereby ordered and decreed as follows: 1. Mother and Father shall have shared legal custody of the their minor child, Emily Lynn Miller (born January 3, 1991). Shared legal custody includes and requires consultation between the parties in making all major decisions affecting Emily's best interests, including major health and medical, educational and religious decisions. Each parent shall provide the other parent with information concerning these matters. 2. Mother shall be the primary physical custodian of Emily. 3. Father shall have partial physical custody of Emily as follows: A. On alternating weekends from Friday at 6:00 p.m. Page 1 of 4 " :GC~ . CF <'00- ['. ~O LU',3~j :,~; I l Cl , I'. 19 j'i; through Sunday at 6:00 p.m. If a holiday falls on the Friday when Father's weekend begins, then, at Father's option, Father's weekend shall begin at 9:00 a.m. on that Friday. If a holiday falls on the Monday after Father's weekend, then, at Father's option, Father's weekend shall be extended through 6:00 p.m. on that Monday. B. ~ery Easter Sunday from 9:00 a.m. through 3:00 p.m. C. A total of 2 weeks uninterrupted custody each summer which, at the option of Father, shall be either consecutive or non-consecutive weeks. Father shall give Mother at least 3 weeks notice of the week or weeks of summer custody which he has selected. D. At such other times as the parties shall agree. 4. The Christmas holiday shall be rotated as follows: Segment A: December 24 at noon through December 25 at noon. Segment B: December 25 at noon through December 26 at noon. During even numbered years, Father shall have Emily for Segment A and Mother shall have Emily for Segment B. During odd numbered years, Mother shall have Emily for Segment A and Father shall have Emily for Segment B. 5. The Thanksgiving holiday shall be rotated as follows: Page 2 of 4 Segment A: Thanksgiving Eve from 5:30 p.m. to Thanksgiving Day at 4:00 p.m. Segment B: Thanksgiving Day at 4:00 p.m. through the day after Thanksgiving at 5:30 p.m. During odd numbered years, Father shall have Emily for Segment A and Mother shall have Emily for Segment B. During even numbered years, Mother shall have Emily for Segment A and Father shall have Emily for Segment B. 6. Transportation to and from the parties' houses shall be shared. When Mother has partial custody of Emily, she shall transport Emily to her house and Father shall retrieve Emily at the end of the period of partial custody and transport Emily back to his house. 7. Each party shall provide reasonable prior notice to the other party of any intention to relocate his or her residence. 8. During such time as Emily resides with the other parent, that parent shall be responsible for all aspects of Emily'S care, including medical needs and shall have the duty to immediately advise the other parent of any unusual occurrences or illness. Each of the parties hereby acknowledge that it is important that Emily continue to have a relationship with both Page 3 of 4 the Father and Mother, and each hereby agrees to assert his or her best efforts to insure that that relationship continues and is not in any way adversely affected. The parties agree that these provisions pertaining to custody, may upon the application of either party, be entered as a court order. 9. Father and Mother shall each have the fOllowing rights with regard to Emily: reasonable telephone calling privileges; access to report cards and other relevant information concerning Emily's progress in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld; and approval of summer camp and schools provided that such approval shall not be unreasonably withheld. BY THE COURT: ~j J. Page 4 of 4 TAMMY SUE MILLER Plaintiff VED"' OCT 1 !J 2005 \ BY: I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 96-5080 CIVIL ACTION LAW TODD LOREN MILLER Defendant IN CUSTODY ORDER AND NOW, this 17th day of October, 2005 , the conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. FOR THE COURT, a-_-r ,j. o~ Dawn S. Sunday, Esquire Custody Conciliator ~~. ',:;J1- '2., C) -0 ~? C?