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Home My WebLink About00-00883 . '- ~ ,.." ) ..u;~, ;" 'K ~ '"; ,",J.. ~, .. 'e ,;. c. -!;.'-~ __c'_ \ , 2t:".:~~::::~3>::~:.-":~!.(:::!::.::;:-:::!:'.x::-!~~:::~!,,::(:::~!_~::~!*t.'::(!::.>~::-);.:e<,)>>::(:;~::.::~;:::,:!::.}::)~{,:~!>>}~:::,:!::e(:::!..::~t:~!::C;:::::!>>::~~;:i*g<.}~rr:!::+1W,M~g:!::C!g:~-::c~r:~!::.::!t:::!_i-~<>KG::::". ~ -~ ~ I ~.~ ~~~ ~ I ! IN THE COURT OF COMMON PLEAS I ~ ~ ~.~ -,-.", ~ ~.~ I ~.~ . i ~.s ~ ~.~ ~ ~-.~ I ~ ~ ~.~ ~ " ~ ~.~ >,,' t~ ~ M f..~ ~ a .. :~" ...... ~ j;.~ ~ a H ~ ;..s . a ~.~ ~ ~ ~ i ~.~ ~ ~ ~ ~.,; ~ ~.; ~ to,; ~.~ ~ ", 8 ~.'.; ~ A kr I ~ i I ;{e~;;::::.}", OF ~~~ * ~ CUMBERLAND COUNTY STATE OF PENNA. >,;< ~ ~.I! ~ ~ ~ I ~.l! ~ ~.~ ~ ~-:~ ~ ... ..~x ..v1\~~ER:-~ILLE~[ ... ..... J'.l"Jn.tJfJ..... .... No. .2.9.9.9:::.8..8..3.. ..........,.,.....X1l9' Versus JESSE MATTHEW~J:r,.r.];;.~L P.E;l.:E E:m'\"Ilt: ~.~ ~ I ~~ ~~ S i:) ~ ~.~ ~~~ ~ ~ ~ ~.~ AND NOW, DECREE IN DIVORCE .~.~.~.,....~..~Q9P, it is ordered and decreed that .... .A!I!!. :V:J?~~.~-:~!~.~F!~. . . . . . . . . . . . . . . . . . . . . . . .. plaintiff, and. .. . . .. .. . . . . . .;r)':.S.~J;:. ~':\'r!f),:."!' .~:r;L.~J;:~. .. .. . . . .. . .. ... . . " defendant, are divorced from the bonds of matrimony. "." .;~< W ~.~ ~.' a ~.~ " ~ i ;5 ~ ~.~ ~ ~ N ~ a ~.~ ~ ~.~ ;.; ~ ~ ~.' ~ ~.~ ~.~ ~ ~ '.' 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;\.Afov..cL .......................................... ............ ...................., ~. J. ~ '.' ~ ~.~ ,', , ~ ~ ~~~~~~~~~~~~~~~~~~~~:~~~~~~~~ Prothonotary ,. /JII:~ /,x .~-,()tJ H ~ _C" ~,a", ,-., . : ~.. \"_ J.~ ML~M~?i 4-u4e ~~d-~ ~.-, "'IT''- ~ -'_ - ,,~_IIIII "'1 c_, 'fillIll!lI , -.-0 . '-~ AMY VARNER-MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 883 : CIVIL ACTION - LAW v. JESSE MA'HHt:W MILLER, : : INDIVORCE Defendant 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 breakdoWll under Section 3301( c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was effecuated on Defendant, Jesse Matthew Miller on July 24, 2000. Acceptance of Service was filed with the Prothonotary on August 17,2000. A copy of which .is attached hereto. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, November IS, 2000. By Defendant, November IS, 2000. Both Affidavits of Consent are being filed simultaneously with this Praecipe. 4. Related claims pending: Plaintiff's claim for Equitable Distribution of Property, Alimony Pendente Lite, Counsel Fees, Costs and Expenses were withdraWll per Agreement of Parties. 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under Sections 3301(c) or 3301(d)(IXi) of the Divorce -- Code: Defendants Waiver and Affidavit were executed on November 15,2000. Plaintiff's Waiver and Affidavit were executed on November 15,2000. Both parties Waivers and Affidavits are being filed simultaneously with this Praecipe. Date: 2-1)4w t () Respectfully submitted, )'- !/ ,--/ 4t1~1fI"/ hliill //A~/.f Kenneth A. Wise;E'squire Id. No. 16142 P. O. Box 11489 126 Locust Street Harrisburg, PA 17108-1489 (717) 238-3838 Attorney For Plaintiff .t; _ <<-- ~ ,- , ,-, '" Plaintiff c) C.) ~ a C) IN THE COURT OF COMMON pmS:""" :~' CUMBERLAND COUNTY, PE~V~ i f22~: ~--! . -,-~j : NO. 2000 - 883 :;s. 0 .:: -!-J .c: (") ~"'i.. ;-. 5';0 ,....i c- ~ 2 =< ::> r'C> CIVlL ACTION - LAW AMY VARNER-MILLER, v. JESSE MATTHEW MTT ,J ,RR, IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, comes the undersigned who, under the penalties provided under 18 Pa.C.S. 94904 (unsworn falsification to authorities) hereby certifies that on July 24, 2000, a true and correct copy of the Complaint in Divorce in the above matter was served upon the Defendant and that Defendant accepted Service as evidenced by the Acceptance of Service signed and dated by Defendant, Jesse Matthew Miller, attached as Exhibit "A", I also hereby certiJY that the signature is that of Defendant as verified by Plaintiff's Affidavit, attached as Exhibit "B". ,/ ~' (;'?^ Date: /J '. .ff (I '/ /!~/ '/ .,,' -:r/ />'(, '/it ' '. I /,.' /.. . .-' ,- : - /' - Kenneth A. Wise, Esquire 126 Locust Street P. O. Box 11489 Harrisburg, P A 17108-1489 (m) 238-3838 Attorney for Plaintiff ",J ~- .:." ~"'" ~~ , . AMY VARNER-MILLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000 - 883 v. CIVIL ACTION - LAW JESSE MATTHEW MILLER, IN DIVORCE Defendant ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint in this action. -;" - -:)Lf 00 Date k~ r;/)ft /Defendant l,yO'? c:-/7p.:tI..., /1 /l1<?"f"'/7d'.-S /3 vA. 7 jJ;4- . ,.7(;/55 (Mailing Address) ." ;~ ~. "" . . . , . . AMY VARNER-MILLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 2000 - 883 v. : CIVIL ACTION -LAW JESSE MATHlliW MILLER, : IN DNORCE Defendant STATEMENT OF AMY VARNER-MILLER AND NOW, comes Amy Varner-Miller who comes under penalties provided by 18 Pa.C.S. S 4904 (unsworn falsification to authorities) deposes and says as follows: 1. My name is Amy Varner-Miller and I am an adult individual. I am the plaintiff in the above captioned action. 2. I am familiar with the handwriting and signature of my husband, Jesse Matthew Miller. 3. I have studied the signature appearing on the attached Acceptance of Service dated July 24, 2000. That signature is that of my husband, Jesse Matthew Miller. Dated: .~ '7', J-M() ~ry( ), .vJ~ ~ner-Miller "' ',. , . . . i tll ~ to;"~ ." " "'::jz $<-::, ~~t""o~ -::'3 ~t.g~>-l ... I' 0 ~ ;:J '" '" ~ '" -< ::t: to?l ;:s.....,;..;.- '" 8l <... ~.., . ~8l ~~1:i&:;$ ... ;;: ~:::: en 0).... ... tIj .... ... 0 00 ,:.. ~ '<0 '. '---. , --"1 ) ; r;-i L',:",_ L,_ C/O, -<: ~ r::. [::::~j ~ (~~~ ~c:.! '- 7 ~ -< . , 1'::- ~j ~~ -< ::> rV AMY V ARNER-Mll.T ,ER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. .,'2000- J'P,j : CIVlLACTION -LAW coJI~ JESSE MATUU!:W MILLER, : IN DNORCE Defendant 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 of 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 at: Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TIIE RIGHT TO CLAIM ANY OF TIIEM. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 ~ "-'"~ '. ' ^'"'"'-'."- AMY V ARNER-MTT.T .F.R, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA Plaintiff : NO, v, : CIVIL ACTION - LAW JESSE MATTHEW MTT ,1 .F.R, : IN DIVORCE Defendant COMPLAINT DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW COMES Plaintiff, Amy Varner-Miller, by her Attorney Kenneth A. Wise and respectfully repr~sents as follows: I. Plaintiff, Amy Varner-Miller, is an adult individual residing at 911 East Coover Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Jesse Matthew Miller, is an adult individual residing at 1007 Charles Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Both Plaintiff and Defendant have been bonafide residents in the Commonwealth and County of Cumberland for at least 6 months immediately previous to the filing of this Complaint 4. Plaintiff and Defendant were married on December 25, 1989 in Cumberland County, Pennsylvania, 5. Defendant is not in the military service, 6. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 7. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such and Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on January 1,2000, 8. Plaintiff has been advised as to the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a Decree in Divorce from the bonds of matrimony. COUNTll EQUITABLE DISTRIBUTION 9, Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full. 10. Plaintiff and Defendant have acquired property, both real and personal during their marriage from December 25, 1989 until January 1, 2000, the date of their separation. 11. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties and the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors, , ,,~ 'C WHEREFORE, Plaintiff respectfully requests the Court to enter an Order of equitable distribution of marital property and marital debts pursuant to S3301(d) of the Divorce Code. COUNT ill ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS, AND EXPENSES 12. Paragraphs 1 through 11 of the Complaint are incorporated herein by reference as though set forth in full l3. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 14. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of Alimony Pendente lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Respectfully submitted, Date: lili/tlll , ie, Id, No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Plaintiff VERIFICATION I hereby verify that the facts averred in the foregoing Complaint are true and correct to the best of my knowledge, infonnation, and belief I understand that false statements herein made are subject to the criminal penalties ofl8 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date~ fit Lp iJ cJ ~.~. AmyVam - . er ~ Ol ~ ... gj ;;; ~ !:1 ::;.... x . "'~' >oj "'" ~3 ;gi::lSiilz .....:;J ZOlC"lZtIl ':;"'IZ OC-::t1j,>-l, ,~85 ~x~><::r: 85&; !;;:::~:;?- ~85 ~~1:iS:;S 0) ~ ~::E~ .... ... ~ ~ co ~ ..Q::l.. L~ (V 0 I).J Cv~ ~ ~t - ~ ~ ....... E1- () ~~ . 2 . r - ""'V ~ g ~ 8 V( \\)1-;8- ~ 0 ,D ,~ ~ ,..0 I , -6'" Iv '1:) ~ & t t~ } (> ~ ~' ~ ... ~ ~ @ () c' C':; $: i:"'.=, V f.~~; -lJ 9) ("I ~~.:',."] ~_ 'I, " t5,~_ - -... " (Ji ,Ej.i.:_~~) ~_. :b-, jf (j~; ~,>;r.; s; ~9 "" -j 1:- -..;; '0 " , ~;:._'~:;; ~ - -,-" (~:i r(~ ;:::.-/ '. ~~ ~".-, --c '. AMY V ARNER-MH..LER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 883 v. : CIVIL ACTION - LAW JESSE MATUiEW MlT.T ,RR, : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, comes the undersigned who, under the penalties provided under 18 Pa.C.S. ~4904 (unsworn falsification to authorities) hereby certifies that on July 24, 2000, a true and correct copy of the Complaint in Divorce in the above matter was served upon the Defendant and that Defendant accepted Service as evidenced by the Acceptance of Service signed and dated by Defendant, Jesse Matthew Miller, attached as Exhibit "A". I also hereby certi1Y that the signature is that of Defendant as verified by Plainti1i"s Affidavit, attached as Exhibit "B". Date: /J'/ ~ b1) ,I ,> "'~j(' "~., %/~/1 ",' ".~-",--,' ,"'~ "f /:".' :-"/," ;/ /f /v/r/, ,f ,,' Kenneth A Wise, Esquire 126 Locust Street P.O.Box1l489 Harrisburg, P A 17108-1489 ' (717) 238-3838 Attorney for Plaintiff ,,' Mff VARNER-MILLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000 - 883 v. CIVIL ACTION - LAW JESSE MATTHEW MILLER, IN DIVORCE Defendant ACCEPTANCE OF SERVICE ,1 I accept service of the Divorce Complaint in this action. 7 - ;i-f 00 Date ~rm/~ ,~.' ('Defendant ,. " .;, A 5' /fJ()1 ? 6Jt./~<: /71.:~j"'/1d;.Sl3vA.7,f?ft r7c-SS (Mailing Address) .. AMY VARNER-MILLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNfY, PENNSYLVANIA Plaintiff : NO. 2000 - 883 v. : CIVIL ACTION -LAW JESSE MATUU;W MILLER, : IN DIVORCE Defendant STATEMENT OF AMY V ARNER-MlLLER AND NOW, comes Amy Varner-Miller who comes under penalties provided by 18 Pa.e.S. ~ 4904 (unsworn falsification to authorities) deposes and says as follows: 1. My name is Amy Varner-Miller and I am an adult individual. I am the plaintiff in the above captioned action. 2. I am familiar with the handwriting and signature of my husband, Jesse Matthew Miller. 3. I have studied the signature appearing on the attached Acceptance of Service dated July 24,2000. That signature is that of my husband, Jesse Matthew Miller. Dated: ~ fJ, ')..tMt1 ~~:~ ~ en OJ c:: ~>gj ." ~",,~::jz ~'::l "" ot"' 0 Z '::l-Sj ~o,g~~ ~ l~oC::t>l" -::l '" en:.< ~ -< ::z: ,'" ~ ;:i ~ ;.. ~ ~~ <~~>-I' ~~ ~~1H:;s ..... > tI:1:::c.n O'l ..... o-i"'trj ... ~ 1i5 ~ '" .' .... .'" 0 C) C) C 0 -n ~:: "" --~ Jig;; ~ ~]~ '_"7] ;:.'-) "'1-- Z""T~ ~',L~~ ~~~~ .~ ~-: () ~CI ;E .. '-T, r,1)2J ~O :::,:,::C< ;;:;0 ':..:1 0'" e -oj z :::> ~ =< f" -< ~ '"'~"' .~'" - ,- ~ ~', ~" ,,-; - ,- "--,, --~ '.. ,1..; ,~-' AMY VARNER-MILLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 2000 - 883 v. : CIVIL ACTION -LAW JESSE MATTHEW MILLER, : IN DNORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301( c) of the Divorce Code was filed on July 24, 2000. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofaFinal Decree in Divorce after service of Notice of Intention to Request Entry of the Decree. 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 ofl8 Pa. C. s. 94904, relating to unsworn falsification to authorities. Date: ~1 fi1-rJbo .; ~ ~.];,jj:iii!I.li.lLi."' ,,"'i.i"';;""'~""'~ ~ ._', t"T. ,. 'f ",- ." ~ c~ '.:..--:) .' c: 0 :;::.~ -=<:: ;:g r;,: ~:) -;>0'''--'. "<::--..",. 2.'C-- >.) (OJ.- ".~-; -<:;.-~. !:=' t-=~ .~ " ~~~; - , , 5>C Z::- c5 z '::0. ~~"7 -,~ :q -< t'\,) -, I,: I m I: i ,- / i,. -~,;".'.'" .', , ,--& _' ".- ,. -," I , AMY VARNER-MILLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 2000 - 883 v. : CIVIL ACTION - LAW JESSE MATTHEW MILLER, : IN DIVORCE Defendant 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I understand 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. ~4904 relating to unsworn falsification to authorities. Date:'~ I), L-o 0 () ~~.~ yVam Miller ~o;ioIitOiI '" C; .-'~ !-~ C f.::.:,) < S2~~ 2: !",,) (f) ;: -~ -<.,< r,--- ~i-. c. ,- ~2: :::> -':.1 -, t ~ ~I;;.I.' '~'i "';1 lj " -~,' ,. .~~, L' :..: ,~~" '" .'''- --..,,-' AMY VARNER-MILLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 2000 - 883 v. : CIVIL ACTION -LAW JESSE MAnHEW MILLER, : IN DIVORCE Defendant AFFIDAVIT OF CONSENT L A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on July 24,2000. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a Final Decree in Divorce after service of Notice of Intention to Request Entry of the Decree. 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 of18 Pa. C. S. ~4904, relating to unsworn falsification to authorities, Date: ~4 $', 2oo() . r g?;/~ 4'esse Matthew Miller SSN: 205-58-0422 ~""'., ' '" "~JI.lli:l_ C' t; <<;.';, 'tJQ mrc, "':':::::::--::' ~~---- r:::c: ~2 .J.?c.:: Z =< 2~; '.:~_:i r-.,.) "T.". .r::- ~ .~ f'0 ;;;:,,< :0. -< I I I I 'I [I .. ~<.~,"'~'~-' -- ~,- , '" ~ . AMY VARNER-MILLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . . : NO. 2000 - 883 v. : CIVIL ACTION - LAW JESSE MAnHEW MILLER. : IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECBEE 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 ifl do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I understand that the statements made in this Affidavit are true and correct. I understand that fulse statements herein are made subject to the penalties of18 Pa. e.S. ~4904 relating to unsworn falsification to authorities. Date: ~t/, /5, ;?~e1 f , 'L~~ l'esse Matthew Miller '-"j, 11 Jl!.~ .-. 'j '.". ~.' "r.;' . . ~ ,. p--- C) ~ i:1[:.:"'~ n-if-:-, ..~~... ,,;:::': j~ 5~ f~j '- 2: ...... ~ "."'...' ':;::, '1'0 C} G ,.-..." "II :~ ,"0...) .....J .i:- ~~..M~ ~ ,I tj I !, I ,'~ '<,,,'" '*' AMY V ARNER-MTJ.I ,RR, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO, 2000 - 883 v. : CIVll-ACTION -LAW JESSE MAtTHEW MTJ.I ,RR, : IN DIVORCE Defendant PRAECIPE To The Prothonotary: Please mark Plaintiff's claims for Equitable Distribution of property, Alimony Pendente Lite, Counsel Fees, Costs and Expenses voluntarily withdrawn by Plaintiff per Agreement and Stipulation ofthe parties (copies attached), MiI'A r Date: ~ / " J:;lj/~;'J;M- Ki eth A Wise, Esquire Id. No. 16142 126 Locust Street P. O. Box 11489 Hanisburg, P A 17108-1489 (717) 238-3838 Attorney for Plaintiff ",c-;,'-, ..... AMY V ARNER-MllLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 883 v, JESSE MATTHEW MILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AGREEMENT AND STIPULATION OF THE PARTIES AND NOW, comes Amy Varner-Miller ("Wife"), and Jesse M. Miller, ("Husband") and hereby agree and stipulate that: WHEREAS, the parties are married but due to unfortunate circumstances, the parties now live separate and apart; and WHEREAS, Wife has brought a pending divorce action against Husband seeking dissolution of marriage, equitable distribution of property and alimony pendente lite, counsel fees, costs and expenses; and WHEREAS, after due consideration of their circumstances, and after consultation of counsel or after having a reasonable opportunity to so consult, concerning the legal implications of signing this agreement; NOW WHEREFORE, the parties agree and stipulate as follows: I. Neither party will make a claim for equitable distribution of property. Wife will withdraw her claim for equitable distribution of property. The parties understand that, among other things, property. which is taken as marriage property commonly known as entireties properties, becomes tenants in common at the time of divorce, unless otherwise provided for by law. 2. WIfe agrees to withdraw her claims for alimony pendente lite, counsel fees, costs and expenses. 3. Both parties agree to sign an Affidavit of Consent agreeing that the marriage has been irretrievably broken and requesting the court to enter into a decree in divorce between them. ,-^"-< "' ~ ' " 4. Parties agree to sign consents waiving the notice of intent for the entry of divorce and will sign a standard statement under section 3301( c) of the Divorce Code. S. The parties agree that they have otherwise divided their property and that except as provided in exhibit "A" below, all property in the possession of that party will become the property of that person. 6, The parties that, since the date of the separation, neither party has contracted for any debt or liability, or has been subject to any debt or liability, that would be a claim against the separate estate or rights of the other 7, Both parties recognize that their house is secured by a purchase money mortgage which is currently in default status with the lender. Both parties agree that, if acceptable to the lender, they will sign a deed in lieu of foreclosure transfening their property rights back to the lender in return for forgiveness of any deficiency. 8. Each party will live separate and apart and neither will harass the other. 9. The parties agree to work in the best interest of the children. In this regard, they have agreed to issues oflegaI and primary physical custody and visitation arrangements, IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date recited beside the name of each. Date: ~ Jfi/ ).-aO>/} er L~.~. wftness Date: 1!!/7f/')(~1 :kJ.d .~ ~ Y!^^.L <Vt }€sse Matthew Miller ~. ~lt,. Itness . ~' ; i ,i",.~:. , , : , CERTIFICATION I hereby certify that I am this day seIVing a true and correct copy of the attached Praecipe on the following individual by First Class U.S. Mail addressed as follows: Jesse Matthew Miller 1007 Charles Street Mechanicsburg, PA 17055 Date: b(;1!t1/. 1;0 // y; ~I / r ".' .' I., /,.,: ' /1-, /' fl/ttll!t .I'?' C;(~ Kenneth A. Wise, Esquire Id. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, P A 17108-1489 (717) 238-3838 Attorney for Plaintiff ~- . \ .p;.- 4 .. ~ I i t1l " ~'O~~~ ~'==> '0' t"'o~ t-o' t1':I 00 . '==>.;:j Zto(l~H ~ 1:<: 0 cc: .;:j ~ "':.< ~ -< :I: ~' ;:; ~ "'::; ~ &l <::~-l . ia ~~IH:~ ~ s: ~::: (J'l O"l t-o' .. /:Tj ~ ~ 0 '!' ~ ~ , () ~c~ i;j.r ~-:;-;::=--: 0]\: ~@ ~ ,~- , -~ . ~) ^ , '-"'.' ~--' ~) J.:""" ::> " AMY VARNER-MILLER, v. JESSE MA'llHEW MILLER, TO THE PROTONOTARY: Plaintiff Defendant . ~ ,,~ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 883 : CIva ACTION - LAW : IN DIVORCE PRAECIPE Please reinstate the above referenced action in divorce. Date: V,]~ '00 / f ,<,'< -~/ /" ..J, I " '(.,.> eimeth A. i, Id. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, P A 17108-1489 (717) 238-3838 Attorney for Plaintiff Amy Varner-Miller i~!lMl~"iiir' '1":.~~_lMlI~~iillRi..g,:m!ii!l;li<J;WIj'j'~\i!i!liW!<..cil_l~1U 1""'. ~I (:) 0 0 i 0 ." , ,A C ::1:-n !~ % ,"'qr N ~'~j fTl "h9 .... 00 ""'e :::;f-r. !< ~ 2.B ~8 -rn S;:C '!? ~. ~ 0 ~ "., r