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Home My WebLink About96-06064 '\ \I - - 0 - ~ ~ ~ '- - 0- ~ ) .. . . LEROY J. MILLER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-1.0~'1 CIVIL TERM v. JANET L, MILLER, Defendant IN DIVORCE NOTICE TO DEFEND 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 loso 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 counselling. A list of marriage counselors is available in the Office of the Prothonotary at 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. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 JANET L. MILLER, Defendant IN DIVORCE . ... LEROY J, MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-t.0I../.j CIVIL TERM COMPLAINT UNDBR SBCTION 3301(0) or 3301(d) OF THB DIVORCB CODB 1, The plaintiff is Leroy J. Miller, who currently resides at 42 pipeline Road, Newville, Cumberland County, Pennsylvania 17241 since 1961. 2. The Defendant is Janet L, Miller, who currently resides at 42 Pipeline Road, Newville, Cumberland County, Pennsylvania 17241, since 1991. 3, plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint, 4, The Plaintiff and Defendant were married on Octobber 5, 1991, at Shippensburg, Pennsyvlnaia, 5. There have been no prior actions of divorce or for annulment between the parties, 6. The marriage is irretrievably broken, 7. The Plaintiff has been advised of the availability of marriage counselling and that the Plaintiff may have the right to request that the court require the parties to participate in counselling. \:J ~r: ,!) fr. U~ ..1: .. t~ O:l W",' .._ ~s7 ;3: @-f"o :\(' I ~ L , ..,-, ""'I" E'~; u"F--= :!: II ..0 cj Cll ,- \...:; <'1l.~ ,.., ;~J . ) :;: " ) ~~! 'in ~;; :';(jJ 01\.).., ~ ~ . -/............. ~ ~ J 0 ~ ~ '1 ~ ~ -6;: "J; -"i rJ .. LEROY J. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-6064 CIVIL TERM JANET L. MILLER, Defendant IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER S3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on November 30, 1999 and have continued to live separate and apart for a peri.od of at least two (2) years, 2. The marriage is irretrievably broken, 3. 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 18 Pa. C.S,A. 94904 relating to unsworn falsifications to authorities. DATE: ~_ t.- '2r/t!-1 ' 2001 ~~d 'L/:.A Le oY'J.~er v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6064 CIVIL TERM LEROY J. MILLER, Plaintiff JANET L. MILLER, Defendant IN DIVORCE COUNTER-APPIDAVIT UNDER S3301(d) OP THE DIVORCE CODE 1. Check either (a) or (b): ~I (a) ,l>..- I do not oppose entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (H) or both) : (i) The parties to this action have not lived separate and apart for a period of at least two years, (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): 'j (a) I do not wioh to make any claims for economic relief. 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 wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. (b) I understand that in addition to checking (b) above I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party, If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be ~ntered without further delay, DATE: (/3 - ~l - 01 Defendant . - I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. ~4904 relating to unsworn falsification to authorities, NOTICBI IF YOU DO NOT WISH TO OPPOSB THE BNTRY OF A DIVORCB DBCREB AND YOU DO NOT WISH TO MAXE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTBR- AFFIDAVIT. ir. 0 ~ M f? .. a~ UJQ (") q~ :c ~i ft- - Q. ~t-) CO ~ !" 1"'. I ~l\~ ~ ~; x: a ~ - 0 . . , ...:;....... C1: , ~ ::,..j ~ <'A ~ 0' ~ - (3 wQ c;.. :-.J!( 0=_ ~'!('~ :or: U:? I'~'I' 00>: '~~ ~jf; ," N ':51) @'" Jf.'. '[ '. U~L" l>"' 1 'itLi . , .:,: ,1"- I - ".t" ~I:: u. ::J (.) c::l U ~l, ~ 11 r:::i '\) o <i ~ , . ' . , SA!.!.\' .1. WINUEIl Attofl/t'Y ClII."'" 7111 L I\ill~ SUn'l ShipP"'I1\hu"". 1',\ 17.2~1 LEROY J. MILLER PlalntllT :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA v. :NO, 96.6064 CIVIL TERM JANET L. MILLER, Defendant :IN DIVORCE ANSWER TO COMPLAINT FOR DIVORCE AND CLAIM FOR EQUITABLE DISTRIBUTION AND ATTORNY FEES AND COSTS Comes now, the Defendant, Janet L. Miller, by and through her counsel, Solly J. Winder, Esquire and does make the following Answer to the Divorce Complaint and the following Claim for Equitable Distribution ofMnrital Assets and Attorney fees and costs: I. Admitted. 2, Admitted. 3. Admitted. 4, Admitted, S. Admitted. 6, Admitted. 7, Admitted, 8. Denied as stated, On the contrary, Defendant overs and therefore states that the parties have, during the marriage, acquired certain assets which ore subject to equitable distribution of marital assets as port ofthe divorce decree and that Defendant is entitled to attorney fees and costs incurred by the Defendant in defense and litigation of those claims as set forth below. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 9. Plaintiffi.~ deed title owner ofreal estate at 42 Pipeline Road, Newville. Lower Miffiin Township, Cumberland County, Pennsylvania, whieh is subject to equitablr. distribution by this Court, 10. Plaintiff and defendant are the owners ofvarious items of personal property, furniture and household furoishings acquired during their marriage which are subject to equitable distribution by this Court. II. Plaintiff and defendant are the owners of various motor vehicles acquired during their marriage which are subject to equitable distribution by this Court, WHEREFORE, Defendant requests the Court to enter a decree dissolving the marriage between plaintiff and defendant and equitablydistributing property owned by the parties hereto, and for such other relief as the Court may determine equitable and just. COUNT III CLAIM FOR COUNSEL FEES. EXPENSES AND COSTS 12, Defendant. Janet L. Miller, by reuson ofPlnintilrs conduct has become separated from her husband and files the within claims in the action in divorce. 13. Defendant by ren.'\On ofplaintilfs conduct has been put and will be put to considerable expense in the employment of counsel. Md the payment of expenses and costs us a result of this action. 14. Janet L. Miller is employed at present but is without sufficient funds to meeL the costs and expenses of this litigation. including filing fees and the required deposit for appointment of a Muster Md counsel fees for representation in connection with equitable distribution. counsel fees, expenses, costs, alimony and alimony pendente lite. IS. Defendant, Janet L. Miller. is without sufficient income to support herself or pay household expenses for her separate maintenance. 16. Defendant, Janet L. Miller, has incurred and will incur extraordinary expenses at the instigation of pin in tilT. Defendant, Janet L. Miller, has now been required to retain counsel in order to ussert her rights pursuant to the Divorce Code. 17. PlaintilT, Leroy J. Miller, is presently retired Md is engaged in the business of selling firewood. PlaintilThus sufficient income Md ussets to assist in the support and maintenance ofplnintill'as well us pay legal fees and costs. WHEREFORE. Defendant. Janet L. Miller, prays your Honorable Court to enter an order requiring defendant 10 pay her attorney fees, costs and expenses in connecllon with her claims seL forth herein. ~tlQ~.lt c), &J ~~i?/\ Sally J. WI er, Esquire Attorney for Defendant, Janet L. Miller 701 East King Street Shlppenlburg PA 172S7 (717) S32 - 9476 Date:~ ... ~.d. VERIFICATION I verilY that the statements made in this complaint are true and correct to the best of my personal knowledge and belief, I understand that false statements herein are made subject tll' the penalties of 18 Pa, C,S, Section 4904, relating to unsworn falsification to authorities, Date: ~ -t?F -()/ (l r ,-,:'.1~/~ ..,~ /J .~ Jf~ET L. MILLER ' /