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Home My WebLink About00-00558 "~ ,~ f' .- ~ l' .. :+: :+: :+: :+: ;f.:+: .. .... .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. .. DEBRA L. MILLER, .. Plaintiff NO. 2000-558 CIVIL TERM CIVIL ACTION - LAW VERSUS TERRY L. MILLER, IN DIVORCE Defendant DECREE IN DIVORCE AND NOW, f~ 2001 , IT IS ORDERED AND qr DECREED THAT DEBRA L. MILLER PLAINTIFF, AND TERRY L. MILLER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriage Settlement Agreement dated May 31, 2001 and signed by the parties is hereby incorporated into this Decree, but not merged. .. 8YTH'C UR~;/ J. f~~ PROTHONOTARY .. .. , . .1 .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. _c', ""' ~ .- ,- ~ <" ~-,--~,.,.~~,""","_",_""c._~_' ,'",c,"", ___'__ '. ,;,--'.- , . , MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 3/Gty of fJ24t . 2001, by and between DEBRA L. MILLER, (hereinafter referred to as "WIFE") and TERRY L. MILLER, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on May 9, 1998, in Newville, Pennsylvania; and WHEREAS, the parties are the natural parents of two (I) children, namely Cody L. Miller, born November 12, 1991, and Mykayla M. Miller, born March 4, 1998 (hereinafter referred to as the "children"); and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party; and ~~, ._0, _~__--,-C'_L'""'_""">>'l "-'__""_'_.=_"___~'~'_,-'"" ~" .-~ -,- . ,_oj WHEREAS, the parties executed a Post-Nuptial Agreement on December 8, 2000, which terms and provisions have guided the parties in the settling of certain claims and the equitable distribution of certain property. The parties hereto agree and covenant as follows: 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 2 ~~-~ ~ ~ '..",,--- .',,", f!!ilit! , 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (I) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: WIFE is represented by Douglas G. Miller, Esquire of Irwin, McKnight & Hughes; HUSBAND currently chooses not to be represented by counsel, ~ ~\ initialing this page acknowledges his right to be represented by counsel ~ > : (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counselor after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and 3 .>,~ ~-.' _'_~ - - ;,,-"-'-"~"_.-->,__~.,~__c( 0,'__ e.o-~ ___, ,_, _, ~_, '"" j, 0 ,"" ,~,,- .;: that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside fimds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marnage. 7. REAL ESTATE: Pursuant to the Agreement executed by the parties on or about December 8, 2000, HUSBAND has transferred all his right, title and interest which he may have had in the real estate situate at 25 Alters Road, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania to WIFE. HUSBAND also executed a Deed transferring said property 4 '_,'_"0'",- '. "":';i.' into WIFE'S name individually. WIFE agrees to assume all liability for and indemnify HUSBAND against the mortgage currently against said residence to Green Tree Consumers Discount Company, dated August 9, 1999, in the amount of$109,412.58, and agrees to be solely responsible for the payments associated with said mortgage. 8. SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay support to WIFE and that WIFE will not provide any financial support to HUSBAND. The parties also waive any right they have to receive alimony payments from the other following the entry of the Divorce Decree in this matter. 9. Pf:RSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as ifhe or she were umnarried. 10. AUTOMOBILES: WIFE hereby agrees to transfer all her right, title and interest which she may have in that certain Holiday Rambler Camper owned by HUSBAND, and further waives 5 . < ~' n^,_ _ ~-, _., 'N .' .- ,~, ,,~_. Do ~',_c___. _ ,'" _ -- ,., .-"" ;- ;d;,- ~" :"~ ." ;,_c , .-- . i_ -,--~~ _;'1 all right, title and interest to any proceeds received by HUSBAND in the sale of said vehicle. WIFE hereby waives all right, title and interest in any other vehicle that HUSBAND currently owns or may own in the future. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicles he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicles. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicles she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicles. 11. MARITAL DEBTS: Pursuant to the Agreement executed by the parties on or about December 8, 2000, WIFE hereby agrees to assume all liability for and indemnify HUSBAND against the Judgment Note in favor of John C. Kauffinan and Judith D. Kaufftnan, dated October 14, 1998, in the amount of $30,000.00. WIFE agrees to be solely responsible for the payments associated with said Note. It is mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and hold HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 6 -- ,.,--.~- '-'. =-,-- ~-'..' ,,__,,; 0:'._ '-fJ HUSBAND shall assume all liability for and pay and indemnify WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and hold WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. 14. WRONGFUL DEATH AND SURVW AL ACTION: The parties hereby agree to equally divide the net proceeds either paid by virtue of a settlement agreement or awarded to 7 .-. -'-. '" .-~' - ~ ,,~, - ~_""-. "_.', ~.,-~__,c, _ _ ,'C'_ ~ ,___._,,' "",0,_" '0' ;,1 . them by virtue of a wrongful death, survival, or related cause of action to which they are plaintiffs on behalf of the estate of their deceased minor child. Said cause of action is docketed as civil action No. 99 - 6985 in the Court of Common Pleas of Cumberland County, Pennsylvania 15. CUSTODY AND SUPPORT OF MINOR CHILDREN: Pursuant to the Agreement executed by the parties on or about December 8, 2000, WIFE shall have primary physical custody of the children and HUSBAND shall have temporary physical custody of the children at such times as are mutually agreed upon by the parties. The parties will keep each other advised immediately relative to an emergencies concerning the children and shall furthermore take any necessary steps to ensure that the health and well being of the children are protected. Neither party shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or hamper the free and natural development of the children's love or affection for the other party. The parties shall continue to have reasonable telephone contact with the children during the periods when the children are not in the custody of that party. Any permanent modification or waiver of this provisions of this Agreement must be in writing and shall be effective only if made in writing and executed with the same formality as this Agreement. The parties further agree that HUSBAND shall not be required to pay child support to WIFE on behalf of their minor children, and that WIFE shall not institute any legal actions 'for the support of their minor children. 16. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary 8 ',__h_~_ ._~~"_' , " -~ .-' "--,:,) "' -", , to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 17. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. IS. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific 9 "~ V'"_,__ ^' ~ . . - "'''-~'-''''~'-''' __._,'+_ ,,-~-_-".L . - ,.', ,;__._d_ - ,', .... ~. _ . '. '.' I, ',"_; enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 22. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees incurred in the settlement of the divorce and economic issues surrounding this divorce. 24. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and 10 ,.~ "' "-~.. ,','- . - ~ - -~--- -" -: - -'. 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, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and 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. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: AI~ ~ . ~.#. EAL) ~l~~ ~ (SEAL) 11 ,-, <'~,-u,,,,,,,:,, '" ,"'""d'~' ',,- "", L COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this ;,bt day of ~ 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, DEBRA L. MILLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal setzi A. Morrison, Nota'i Public Carlisle BolO, Cumberland County My Commission Expires Dec. 15, 2004 Member, Pennsylvania Association of Notaries 13 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, thiS~\t day of ounty of 2001, a Notary Public, in and for the Commonwealth of Pennsylvania Cumberland, TERRY L. MILLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. . ~rt\- Notarial Seal , Setzi A. Morrison, Notary Public Carilsle BolO. Cumberiand County My Commission Expires Dec. 15, 2004 Member, PennsylVania Association of Notaries 12 ',,--,,-.'" "'~~ ',- () 0 0 ~ .." c..- ."-1 ;tiff, c= ;"'~~-~iJ :z Z::o I --nlit t;S; ~tJ'O l) 1 "'< . -=--t('I'_} r::O " ...,. " ~ --+----.:, 3: ~z~ 5>8 - (Sin .. -, ~ en ~ (P "'< I'< -.-=",--- - -,-=... -".-, ,- -"< -~~_, ~>o,_. - -,"- ., DEBRA L. MILLER, Flaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-558 CIVIL TERM TERRY L. MILLER, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Sections 3301(c) and 3301(d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Terry L. Miller, on February 9, 2000, by certified, restricted delivery mail, addressed to him at P. O. Box 205, Plainfield, Pennsylvania 17081, with Return Receipt Number Z 902 067 563. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: May 31, 2001; by defendant: May31,2001. (b)(l) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 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: June 1, 2001. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 1, 2001. G. MILLER, ESQUIRE r Plaintiff ,>~~'.,.. '< - ., J.. ," ~. . ~ ,- .", '-~ "', ~, , () CI 0 c: " s:::: C- ~~~ :D ~ff, c= % . r Z~ I "'/...m "10 ~-. :'-" 1.. ,<:5 ':::{c.. -0 :c:H ~8 ::Jl: '2z:;s f~rn :i>' - C::::i ~ .. (J1 ~ U) ~" '" ....."~~, l~~ .-""<- ,- _ ,-.__ 2, ~_ '-~i !l:\WPDOCS\DOMESTIC\COMPLAINlmiller-deb.c'J1p. wpd January 26, 2000 '" REAGER & ADLER PC BY: DEBRA DENiSON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff DEBRA L. MILLER TERRY MILLER, Plaintiff v. Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~OOo - .s'S'P C(.J~L~ CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend againstthe claims setforth 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 oy the Court. A judgment m1iY 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, 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 La':^'Yer Referral Service Court Administrator South Hanover Street Carlisle, PA 17043 (717) 240-6200 '"-'_LI.bl,........."'=. - .. ;~,. ,.,' ~ , jl~" ~:\WPDOCS\DOMESTIC\COMPLAIN\mlller-deb.cl)lp.wpd January 26, 2000 ' t DEBRA L. MILLER Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. v. TERRY MILLER, CIVIL ACTION - LAW Defendant IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambiem ser emitida en su contra por caulquier otra queja 0 compensaction reclamados por el demand ante. Usted puede perder dinero, 0 sus propledades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 51 USTED NO RECLAMA PENSION ALIMENT ACIAJ.,PROPIEDAD MARIT AL, HONORARIOS DE ABOGADO U OTROS GASTuS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. 51 NO TIENE 0 NO PUEDO PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DON DE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County La~er Referral Service Court Administrator South Hanover Street Carlisle, PA 17043 (717) 240-6200 >I,... ~ ,I", , " ',,,~.~.,-",, _ .Orr' .,_, '-" ,S:IWPDOCSIDOMESTICICOMPLAINlmiller-deb.c\Tlp.wpd January 26, 2000 ., REAGER, ADLER & COGNETTI PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney 1.0. No. 66378 2331 Market Street CampHill,PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff DEBRA L. MILLER Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. cf2.tJ1:rV "- 55!? ~ I.u--- v. TERRY MILLER, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Debra L. Miller, an adult individual who currently resides at 25 Alters Road, Carlisle, Cumberland County, Pennsylvania. 17013. 2. Defendant is Terry Miller who currently resides at P.O. Box 205, Plainttield Pennsylvania, 17081. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 9, 1998 at Newville, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. ,. . . -_,.,_,,1_ _.__ '-, ~ L '" . . _f_ - '_J.. '-., ~" ".,,;,L , 1..._., ,S:IWPDOCSIDOMESTICICOMPLAINlmiller-deb.cQ1p. wpd January 26, 2000 . y 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are two (2) children of this marriage under the age of eighteen years; namely Cody Miller, date of birth, November 18, 1991; and Mykayla Miller, March 4,1998. 8. The marriage is irretrievably broken, 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file an Affidavit of Consent and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301 (c) or (d) of the Divorce Code. 2 "~ ,- <-.d~-'J-- ",_.J_ :_--r~~ ~'"'_H-O" ,"~.' "'" -"';"-""O~"..,c"--_ _~, .S:IWPDOCSIDOMESTICICOMPLAINlmiller-deb.cl;l1p.wpd January 26, 2000 .. .. COUNT I EQUITABLE DISTRIBUTION 12. Paragraphs one (1 )through eleven (11) ofthis Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. Plaintiff and Defendant have acquired debt through the course of their marriage. 15. In the event, Plaintiff and Defendant are unable to resolve amicably the property issues in this matter, Plaintiff requests this Court to equitable divide all marital property and debt. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully Submitted, REAGER, L.:ER & COGNE TI, PC Date: January 26, 2000 ey 1.0 2331 Market Street Camp Hill, PA 170114642 Telephone No. [717] 763-1383 Attorneys for Plaintiff 3 I"",W - . , -~ -~ "-""--' , , ,.-J:r. ,." I~k_ <S:IWPDOCSIDOMESTICICOMPLAI Nlmiller-deb.c",p.wpd . January 10, 2000 . VERIFICATION I, DEBRA L MILLER, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 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. Date: l l ~ 4- \ GO 4 / . . . . l?R ~ -cz. ...... "- -lq" "'1 ~CS? -..... ~ :k ~ d ~h ti O. 0 6 -8 ~ Cl (; ~ .....:l f S- I a.,y ~ ::tJ ~ ~ l- ~ r-::: 12 , o c-: =<:: "of.;::- mr,' Z~'1.; t5~;~ _<oK',. r.:;C) <;z- r, , "" -co J>C z ~ REAGER, ADLER & COGNETTI, P.C. ATTORNEYS AT LAW 2331 MARKET STREET CAMP Hill, PA 17011.4642 (717) 763-1383 "\i ", ... . c::l o o -n \.-- :::::; ,.,t;... ~ ~:-~;~-j (".) -0 '~~;() -::-l':: :r~ :z ::",;c"-) ~~'~ .,",- -,-- ." ~ "," -" ".~ , ,. , -- _., '"x"--;'" ~"- r." "',".c~,'" ',,-,,' 0""',0;" ~,;:!; .',. '" "~",' >'c:' -~,.Ii;.,J ',-",w'~' ''''';'~'- .."' :,,~-C"'" ; - ~-' --. ' " J , DEBRA L. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-558 CIVIL TERM TERRY L. MILLER, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Sections 330l(c) and 330I(d) of the Divorce Code was filed on January 31, 2000. 2. The marriage of 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: May 31, 2001 ~ 0 0 'n L. "--I "Uc.o c:: ;;1~ ~!B ::z I -,-~m ~~ ~oH '-"I :::;/C) 1<0 '=' -r'-!" lS=Q ~O :K -,.( >>0 om ~ en ~ en "'< -- ~ '0' ~ .- --,~"- _".. .- ",' - '"'----'"'.'--,, " ,-- -.~ ~ , I DEBRA L. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-558 CIVIL TERM TERRY L. MILLER, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Sections 3301(c) and 3301(d) of the Divorce Code was filed on January 3 1,2000. 2. The marriage of 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 made are subject to the pen ties of 18 Pa. C. S. Sec rein 4904 relating to Date: May 31, 2001 unsworn falsification to authorities. ~liIIi. ~ \ , ,~ --'" 'c',',_ () 0 0 ~ -n C- o ,"! .~ ?i;::: "'U.c.o c:: mm z 2::0 , ""T:jm tE.l; '1:;0 271 ~6 ::~-ig " ~l; -H ~8 :x Qo - Om 5>c; - ~ ~ U'I CJ1 -< ~'% . . "" ,.~ ~H ~'", _, ^ Co_'_' , ,;,-,; ,'.,,- ",,-':"",...,- "'-"',",-""~ '" ,,_ - ". ,;, _~_";., ' ," "'n_' DEBRA L. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-558 CIVIL TERM TERRY L. MILLER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 inunediately 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: May 31, 2001 .~c-=--"''- ~ -. J, -,,^ -,. - ~. -,--, _~ -'f- . (") 0 0 ~ -1"1 t... -"~ "'tlUJ c::: ~1~ :D rum :z !nr:_ Z:D I .'--.m ~.?i :o't? ~;1 () ---r. ;<0 ""'=' (~:.:n ~() ::Jl: 20 5>8 - ofT! .. ~ ~ Ul 0\ -< , -,~"- --,' ,~ ,"-,"" --~~,--~._-~ '-~'~.',,~,-," - -".. ~ - ,''; 'i DEBRA L. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-558 CIVIL TERM TERRY L. MILLER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 inunediately after it is filed with the Prothonotary. I veriry that the statements made in this affi . t are true and correct. I understand that false statements herein made are subject to the pen ties, of 18 Pa. C.S. S ction 4904 relating to unsworn falsification to authorities. . Date: May 31, 2001 __*'_'C",&,'J. <. . .' ~-; ~'," . - -~ -.-' '.-,- ,-'-' ,,-" - - -'~I ,~ ,~ ~ - -,,- , . () 0 0 C -n ;:: c... .-1 -om c: ::r:~D iS3 z .-ne::- I ~"::Jm "9 ~ ' ~~. 90 0 -u -J...". !< (~,-n ~8 :x ">'(') - orn )>c: .. ~-. ~ U1 ~ 0"> "'< " :..~ - ",; . ) DEBRA L. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANJIA v. CIVIL ACTION - LAW 2000-558 CIVIL TERM TERRY L. MILLER, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. < Date: May 31, 2001 llJJv pj. A./.~ BId L. MILLER <"- _ I,~, "" ,,,.- .-' ,,,;,,-i"-'" ( ,--,"-, "" ,,;. .~ '1;- g 0 0 "Tl 5: S= "-I "Om ~ ~~~ ~g:j :z t5~ t ~j9 ::':.j J.: ~7 ~:~~ -0 " ~() ::x L,O 5>8 - 6rn .. :t ~ o:.n (Jl -< ',~ p.-, ~ '"-,'",, . - _'_'~,.'- "= <~ _'_., ,>;.n .,," . _~ _ "; "' I DEBRA L. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-558 CIVIL TERM TERRY L. MILLER, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this af avit are true and correct. I understand that \ false statements herein made are subject to the pe alties of 18 Pa. C. Section 4904 relating to unsworn falsification to authorities. Date: May 31, 2001 LER g CJ 0 - -f1 ~ ~ "-' -OW ~" 'i~ :z ;\::-}~ 1 --.rIm- '::CJO '!J.~ - _"'"\ I ""-" ~\C). teO -0 6~ ?EO :::l' '-7,5 :;;.:2 - 0'11 .. :::.t ~ O'l ~ ...! . i.. " '......~,:I II \\Ntsb\family law\Client Directory\Miller-Deb\miscellaneous\affidavit of service.frm I . (' .. REAGER, ADLER & COGNETTI, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff DEBRA L. MILLER Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000-558 CNIL ACTION - LAW IN DNORCE v. TERRY MILLER, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Before me, the undersigned Notary Public, this day, personally appeared Debra Denison Cantor, Esquire, attorney for the Plaintiff, to me known, who being duly sworn according to law, deposes the following: I, Debra Denison Cantor, Esquire, being duly sworn according to law, depose and state that service of the Complaint in Divorce in the above-captioned matter was served by Certified Mail, Return Receipt Requested, on Defendant, Terry Miller, P.O. Box 205, Plainfield, Pennsylvania, 17081 on February 9, 2000. The Certified Receipt is attached hereto as "Exhibit A." REAGER, ADLER & COGNETTI, P.C. ~~~, B D S CANTOR, ESQUIRE Subscribed and sworn to before me this -1L day of Fe. brvo i7.t" ~' CL LfldlO/Iu{ Notary PublIc ,2000. Notarial Seal Lori A. Richard, Notury Public Camp Hill BOlO, Cumberiand County My commisston EXpires Oct 1, 2001 ,"oMember, Pennsylvama AssoClat'on ot Nota"e. r,." . <' 1 s~~~~- ,- I I i I ~ RE: DEBRA DENISON CANTOR, REAGER & A~ER, P.C. 2331 MARKET STREET CAMP HILL, ~A 17011 7, Data of Oeftvery ESQUIRF 4a. Article Number F" Z 902 067 563 5. Recei '\ 2 4b. Service Type FlED nl) ;!,.-"....~'~ 1 IIII!IIIIIII 11111111111111111111 11111111111111111 11111111111I II z Q02 '={..j !"~:j Addressee's Address (iftfllf8/'elltfrom8f1tjreS3<1lWdbYqcmkH;) 3. Article Addressed to: .ec;jn(fary'A;jCtress7-SUiiQTAf,t:7FI~~98;;S'P;iir;7i6"ii1yj T:-r;h\ :1ILLER f'.\'. BOX 205 PI n:Nr1ll~ PA 17081 9iive,.y'-Ag.tir(;s~''''_.'..''.''-''-'-''-''-''-'''.''-''-''~..-..-.,_..-..-- .iY,_.._n.n......._m..,n.o.-___ -sia'i'e '."."U'.zip''':"4"C.oda \ S Form 3811, December 1994 ",USA4/99 CMF-OSe OOriESTtCRETURM'f{ECSPT- "- .~---~..~". .---..-. . ~ ." '"0''''' ......,,' / ~~ ..- . . . '. . " . C' c:' t~e~ n1rfc L:r-i ~~~ ):;(- +---;7 J ..........C., )>C z =< REAGER, ADLER & COGNETTI, P.C. ATTORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 17011-4642 (717) 763-1383 ), , - o c~:;, '~11 .., ~..-J U"_ '.:J'l C) '" <,'.: '\ -. ~: l, , J' .~ "~,;' ''" , [, .'liIbi SOCIAL SECURITY INFORMA nON SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: MAY 31, 2001 DOCKET NUMBER: 2000-558 CIVIL TERM PLAINTIFF~SS# 207-44-5224 NAME: DEBRA L. MILLER DEFENDANT~ SS # 183-54-5042 NAME: TERRY L. MILLER . '-" --- - '-'r\ '.,- -,~,--.- ~ - ,- ",-, \ " . DEBRA L. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-558 CIVIL TERM TERRY L. MILLER, Defendant IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE To Curtis R. Long, Prothonotary: Please withdraw my appearance from this case on behalf of the Plaintiff, Debra L. Miller. Respectfully submitted, REAGER, ADLER & COGNETTI, P.C. Date: June ~ 2001 r, Esquire PRAECIPE TO ENTER APPEARANCE To CurtisR. Long, Prothonotary: Please enter my appearance on behalf of the Plaintiff, Debra L. Miller. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Date: June l. 2001 By: ~ d. fl1iIL Dougla G. Miller, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 I"'-'M~ ""' "-",' :..---- J, " "".'." ...~. '..' . """ ~ ~ g <=> 0 en ~ l::: --~-i -OW +'1 S'irn Z ill ;-~ ) ::D I --nrn ZC ~i''7 -J .' ~Z ~j~~ ,<0 -n ZO :;E: (~J- Z() -0 0 -rf\ >c ~ ~ 0 ~ +:" '< 1m !Oa-=~ ~ =. ~"-" ~ -10"", ~",,"---"~- " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .. [)P bra L. f\-f; I Jer ,. Plaintiff vs. : : I e.rr<-j J....., 1Y,lIer : Defendant File No. ;)000 - S'S"'B IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having:been granted a Final Decree in Divorce on the 7 day of _It JJ(\ P ;;).DD ~ , hereby elects to resume the prior surname of ~nl..l.~rY\nX\ , and gives this written notice pursuant to the provisions of 54 P.S. S 704. DATE: 5.:48' o~ L~iJJQ.J' ~-<jkJ 19nat re COMMONWEALTH OF PENNSYLVANIA: : 55. COUNTY OF CUMBERLAND On the d~ day of A ~l..L-"'t ,200<<,. before me, a Notary Public, personally appeared he above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof. I have here;'nto set my hand and official sea 1. Usa M. Greason, Public Carlisle Bore. Cumberland County My Commission Expires Sept 9, 2IJ06 Member, Pennsylvania Association Of Notaries jt-'- ~.I.i .--MllaIij-HllliUillC.t.L L. ~~M,!~~il!!'l' Ii! . ~ '-. ~~ .-"~ ~L~ """ " 8 0 0 W ~ "Tl ~f ~,.. "'" ~-4 -C-JUJ c= _.n' ITl!T. -r .ZJ.-~ G") m3J r Zr;~ N --n,T1 .~ ~5~ co '"'5: r-C' v ""'?,d- . .;,- -.l:'. .-C, ~ d:.--"C', :J~: ;~~ ~f:;' - W 3m {;' Z =-i =2 ~'" (" .r.- :0 -< '--J ~ -:---J e am