HomeMy WebLinkAbout00-01071
_,,0' '.. . _,
,I.....,..
.
f
,
.
.
,., ,.,,., ,.,,.,
,.,,.,,., ~,.,,., ~~~ ~ ~
~;+:~~~~
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
.
.
PENNA.
STATE OF
.
.
.
.
.
.
LISA A. MILLER,
2000-107m
Civil Term
Plaintiff
No.
.
.
.
VERSUS
CLARENCE E. MILLER,
.
.
.
Defendant
.
.
DECREE IN
DIVORCE
.
.
.
AND NOW, -.:Ie.{,...., a; I<{'" 2001 , IT IS ORDERED AND
. .
LISA A. MILLER .
DECREED THAT PLAINTIFF,
.
CLARENCE E. MILLER .
AND DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
. .
. THE COURT REiAINS 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 Property Settlement Agreement, dated February 7, 2001, is
.
hereby incorporated but not merged into the Divorce Decree.
.
.
.
J.
PROTHONOTARY
.
;t; ~ Of. Of. ~~~
.. .
~~ ;t; ;t; ;t;"',.,,,, '" ;t; ;t;
'lIll.fc,j
. .
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
i.i.iIiIiMiilii
"
~ _'" -' -,' ,; l "__0' _0"
..L-. F 'p,
4 3S-: ()()
Due G:,.
I., ,~;.i"~~Ll;' '~"_".'" '.
... In ""'m:
f,'._ ~.
,
", ,.'.,."".,.""
V 'it .r ,"
C} . 15.01
,I/s.cJ/
M C"~ M~ ~~S.
~~6~
.
~
- <.',''1'"
~" .~
r~J_,II!III.
,t:":\"F".-""e';',~
....
~"Io
- <li;;_;,
,
,
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this
'1 vJ.- day of ~~,
2001
by and
between LISA A. MILLER of Cumberland County, Pennsylvania
(hereinafter referred to as WIFE), and CLARENCE E. MILLER of
Cumberland County, Pennsylvania (hereinafter referred to as
HUSBAND) ,
WHEREAS, HUSBAND and WIFE were lawfully married on August 7,
1999 in Cumberland County, Pennsylvania; and
WHEREAS, no children were born of this marriage; 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 without
limitation by specification: the settling of all matters between
them relating to the ownership and equitable distribution of real
and personal property; the settling of all matters between them
relating to past, present and future support and alimony; and in
-'
'"
"~I;,
l:fu.
>
general, the settling of any and all claims by one against the
other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties hereto, HUSBAND and
WIFE, each intending to be legally bound, hereby covenant and agree
as follows:
1.
Separation:
It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place as he or she may from time to time choose or deem fit.
The foregoing provision shall not be taken as an admission on the
part of either party of the lawfulness or unlawfulness of the
causes leading to their living apart.
2.
Interference: Each
party
shall
be
free
from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall
molest the other or attempt to endeavor to molest the other, nor
compel the other to cohabit with the other, or in any way harass or
malign the other, nor in any way interfere with the peaceful
existence of the other, while living separate and apart.
1
.' ~
~; -'; :,1 '
- ' .,
'lH't
,
3.
Subseauent Divorce:
The parties acknowledge that WIFE
filed a Complaint in Divorce in Cumberland County, Pennsylvania, to
docket
number
2000-1071,
claiming
that
the marriage
is
irretrievably broken under the no-fault mutual consent provision of
Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby
expresses his agreement that the marriage is irretrievably broken
and expresses his intent to execute any and all affidavits or other
documents necessary for the parties to obtain an absolute divorce
pursuant to Section 3301(c) of the Divorce Code. The parties hereby
waive all rights to request Court-ordered counseling under the
Divorce Code. It is specifically understood and agreed by the
parties that the provisions of this Agreement as to equitable
distribution of property of the parties are accepted by each party
as a final settlement for all purposes whatsoever, as contemplated
by the Pennsylvania Divorce Code.
Should a decree, judgment or order of separation or divorce be
obtained by either of the parties in this or any other state,
country or jurisdiction, each of the parties hereby consents and
agrees that this Agreement and all of its covenants shall not be
affected in any way by any such separation or divorce; and that
nothing in any such decree, judgment, order or further modification
or revision thereof shall alter, amend or vary any term of this
2
~~"
,
-
I.
1I'lb1'a'l'i~
r
Agreement, whether or not either or both of the parties shall
remarry. It is specifically agreed, that a copy of this Agreement
or the substance of the provisions thereof, may be incorporated by
reference, but not merged, into any divorce, judgment or decree. It
is the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive upon
the parties.
4.
Date of Execution:
The
"date
of execution" or
"execution date" of this Agreement shall be defined as the day upon
which it is executed by the parties if they have each executed the
agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
5.
Distribution Date:
The transfer of property, funds
and/or documents provided for herein, shall only take place on the
"distribution date" which shall be defined as specified herein.
6. Mutual Release: HUSBAND and WIFE each do hereby mutually
remise, release, quitclaim and forever discharge the other and the
estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interests, or
claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of
3
~"
I
1-.,
~ """
such other, of whatever nature and wheresoever situate, which he or
she now has or at any time hereafter may have against the other,
the estate of such other or any part thereof, whether arising out
of any former acts, contracts, engagements or liabilities of such
other or by way of dower or curtesy, or claims in the nature of
dower or curtesy or widow's or widower's rights, family exemption
or similar allowance, or under the intestate laws, or the right to
take against the spouse's will; or the right to treat a lifetime
conveyance by the other as testamentary, or all other rights of a
surviving spouse to participate in a deceased spouse I s estate,
whether arising under the laws of (a) Pennsylvania, (b) any State,
Commonwealth or territory of the United States, or (c) any country,
or any rights which either party may have or at any time hereafter
shall have for past, present or future support or maintenance,
alimony, alimony pendente lite, counsel fees, property division,
costs or expenses, whether arising as a result of the marital
relations or otherwise, except, all rights and obligation of
whatsoever nature arising or which may arise under this Agreement
or for the breach of any provisions thereof.
It is the intention of HUSBAND and WIFE to give to each other
by the execution of this Agreement a full, complete and general
release with respect to any and all property of any kind or nature,
4
-
i!i~ ~.;!""
real, personal or mixed, which the other now owns or may hereafter
acquire, except and only except all right and agreements and
obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof.
It is further agreed that this Agreement shall be and
constitute a full and final resolution of any and all claims which
each of the parties may have against the other for equitable
division of property, alimony, counsel fees and expenses, alimony
pendente lite or any other claims pursuant to the Pennsylvania
Divorce Code or the divorce laws of any other jurisdiction.
7.
Advice of Counsel:
The provisions of this Agreement and
their legal effect have been fully explained to WIFE by MARYANN
MURPHY, ESQUIRE, counsel for WIFE. HUSBAND has knowingly, willingly
and voluntarily waived his right to counsel. HUSBAND understands
that he has the right to have this Agreement reviewed by an
attorney of his choice prior to its execution.
HUSBAND and WIFE acknowledge and accept that this Agreement
is, in the circumstances, fair and equitable and that it is being
entered into freely and voluntarily and that execution of this
Agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper or illegal
agreement or agreements.
5
.,
~L~
8.
Warranty as to Existina Obliaations:
Each party
represents that he or she has not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the
other party may be responsible or liable except as may be provided
for in this Agreement. Each party agrees to indemnify and hold the
other party harmless for and against any and all such debts,
liabilities or obligations of every kind which may have heretofore
been incurred by them, including those for necessities, except for
the obligation arising out of this Agreement.
9.
EXISTING DEBTS:
HUSBAND and WIFE acknowledge that
there are no existing debts in joint names except for the mortgage
on the marital residence. The only other marital debt is the
Members First Visa Credit Card in WIFE's individual name.
WIFE agrees to be solely and exclusively responsible for any
and all debts in her individual name, including the balance of
the Members First Visa Credit Card, and she further agrees to
indemnify HUSBAND and hold him harmless from any and all liability
for same.
HUSBAND agrees to be solely and exclusively responsible for
any and all debts in his individual name, and he further agrees to
indemnify WIFE and hold her harmless from any and all liability for
same.
6
"
~"
=, 1 ;~~
T'"IiJi;,'"i
The parties agree that HUSBAND shall pay to WIFE the sum of
five hundred ($500.00) dollars per month towards the mortgage until
the house is sold. WIFE agrees to pay the balance of the monthly
mortgage payment until the house is sold.
10. Warrantvas to Future Obliaations: HUSBAND and WIFE each
covenant, warrant, represent and agree that, with the exception of
obligations set forth in this Agreement, neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable. Each party shall indemnify and hold
harmless the other party for and against any and all debts, charges
and liabilities incurred by the other after the execution date of
this Agreement, except as may be otherwise specifically provided
for by the terms of this Agreement.
11. Personal PrODertv: The parties agree that the personal
property has been divided to their mutual satisfaction. Neither
party shall make any claim to any such item of marital property, or
of the separate personal property of the other, except as provided
for in this Agreement. Should it become necessary, the parties each
agree to sign, upon request, any titles or documents necessary to
give effect to this paragraph.
Property shall be deemed to be in the possession or under the
control of ei ther party if, in the case of tangible personal
7
,I"
~,~tl!-.
property, the item is physically in the possession or control of
the party at the time of the execution of this Agreement; and in
the case of intangible personal property, if any physical or
written evidence of ownership, such as passbook, checkbook, policy
or certificate of insurance or other similar writing is in the
possession or control of the party at the time of the execution of
this Agreement.
12. Motor Vehicles:
The parties agree that HUSBAND shall
become the sole and exclusive owner of the 1993 Chevrolet pickup
truck and the 1973 Chevrolet pickup truck, both titled in HUSBAND's
individual name. HUSBAND agrees to be solely and exclusively
responsible for the balance of the 1993 truck and he further agrees
to indemnify WIFE and hold her harmless from any and all liability
for same.
The parties agree that WIFE shall become the sole and
exclusive owner of the 1993 Ford Escort, titled in her individual
name. Both parties acknowledge that there is no outstanding debt on
this vehicle.
13. Pension/Retirement Benefits:
HUSBAND and WIFE agree that
HUSBAND shall become the sole and exclusive owner of his
pension/retirement benefits. WIFE agrees to waive all of her rights
and interest in these benefits, and further agrees to execute, upon
8
--"".1
~~..", ~.ill.~"
request, any and all documents necessary to effectuate the terms of
this agreement.
HUSBAND and WIFE agree that WIFE shall become the sole and
exclusive owner of her pension/retirement benefits. HUSBAND agrees
to waive all of his rights and interest in these benefits, and
further agrees to execute, upon request, and all documents
necessary to effectuate the terms of this agreement.
14. Marital Residence: HUSBAND and WIFE own, as tenants by
the entireties, real property located at 175 Brown Road,
Shippensburg,
Cumberland County,
Pennsylvania.
The parties
acknowledge that the marital residence is currently on the market
for sale. They agree to cooperate in selling the home at a
reasonable price.
Until the marital residence is sold, HUSBAND agrees to pay to
WIFE the sum of five hundred ($500) dollars per month towards the
mortgage, and WIFE agrees to pay the balance of the monthly
mortgage payment.
HUSBAND and WIFE agree that WIFE shall receive all proceeds
from the sale of the home at the time of the real estate
settlement.
HUSBAND agrees that WIFE shall claim the interest paid on the
mortgage for the marital residence in 2000 and in 2001 on her
9
"",.;-
"
individual tax returns for those two (2) years.
15. After Acauired Personal PrODertv: Each of the parties
shall hereafter own and enjoy, independently 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 and effectively, in all
respects and for all purposes, as though he or she were unmarried.
16. ADDlicabilitv of Tax Law to PrODertv Transfers: The
parties hereby agree and express their intent that any transfers of
property pursuant to this Agreement shall be within the scope and
applicability of the Deficit Reduction Act of 1984 (herein the
"Act"), specifically, the provisions of said Act pertaining to
transfers of property between spouses or former spouses. The
parties agree to sign and cause to be filed any elections or other
documents required by the Internal Revenue Service to render the
Act applicable to the transfers set forth in this Agreement,
without recognition of gain on such transfer and subject to the
carry-over basis provisions of said Act.
17. Waiver of SDousal SUDDort. Alimonv Pendente Lite and
Counsel Fees: Each party hereby waives any rights to spousal
support, maintenance and alimony pendente lite.
Each party agrees to be solely responsible for her/his
10
respective attorney's fees.
18. Waiver of Alimonv: The parties herein acknowledge that
by this Agreement they have respectively secured and maintained an
adequate fund with which to provide for themselves sufficient
financial resources to provide for their comfort. maintenance and
support. HUSBAND and WIFE hereby waive, release and give up any
rights they may respectively have against the other for alimony,
spousal support or maintenance. It shall be, from the execution of
this Agreement, the sole responsibility of each of the respective
parties to sustain themselves without seeking any support from the
other party.
19. Full Disclosure:
HUSBAND and WIFE each represent and
warrant to the other that he or she has made a full and complete
disclosure to the other of all assets of any nature whatsoever and
of every type whatsoever in which such party has an interest, and
of all other facts relating to the subject matter of this
Agreement.
20. Disclosure and Waiver of Procedural Riahts: Each party
understands that he or she has the right to obtain from the other
party a complete inventory or list of all of the property that
either or both parties own at this time or owned as of the date of
separation, and that each party has the right to have all such
11
,"
" I,
- '_j~li<L
property valued by means of appraisals or otherwise. Both parties
understand that they have the right to have the Court hold hearings
and make decisions on the matters covered by this Agreement. Both
parties understand that a Court decision concerning the parties'
respective rights and obligations might be different from the
provisions of this Agreement.
Both parties waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of
all marital and separate property as defined by the Pennsylvania
Divorce Code;
b. The right to obtain an Income and Expense Statement
of the other party as provided by the Pennsylvania Divorce Code;
c. The right to have the Court determine which property
is marital and which is non-marital and equitably distribute
between the parties that property which the Court determines to be
marital;
d. The right to have the Court decide any other rights,
remedies, privileges, or obligations covered by this Agreement,
including but not limited to, possible claims for divorce, spousal
support, alimony, alimony pendente lite, counsel fees, costs and
expenses.
21. Waiver of Modification to be in Writina: No modification
12
IJ.J:
,1-
~;'"
or waiver of any of the terms hereof shall be valid unless in
writing and signed by both parties and no waiver of any breach
hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
22. Mutual CooDeration: Each party shall, at any time and
from time to time hereafter, take any and all steps and execute,
acknowledge and deliver to the other party any and all further
instruments and/or documents that the other party may reasonably
require for the purpose of giving full force and effect to the
provisions of this Agreement.
23. ADDlicable Law:
This Agreement shall be construed in
accordance with the laws of the Commonwealth of Pennsylvania which
are in effect as of the date of execution of this Agreement.
24. Aareement Bindina on Heirs:
This Agreement shall be
binding and shall inure to the benefits of the parties hereto and
their respective heirs, executors, administrators, successors and
,
assigns.
25. Intearation:
This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them.
There are no
representations or warranties other than those expressly set forth
herein.
13
I.'
'!li!&...!<,-"
26. Other Documentation: HUSBAND and WIFE covenant and agree
that they will forthwith execute any and all written instruments,
assignments, releases, satisfactions, deeds, notes or such other
writings as may be necessary or desirable for the proper
effectuation of this Agreement.
27. No Waiver on Default: This Agreement shall remain in
full force and effect unless and until terminated under and
pursuant to the terms of this Agreement.
The failure of either
party to insist upon strict performance of any of the provisions of
this Agreement shall in no way affect the right of such party
hereafter to enforce the same, nor shall the waiver of any default
or breach of any provisions hereof be construed as a waiver of any
subsequent default or breach of the same or similar nature, nor
shall it be construed as a waiver of strict performance of any
other obligations herein.
28. Severability:
If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid
and continue in full force, effect and operation. Likewise, the
failure of any party to meet his or her obligation under anyone or
14
I,,,,
....,""'i'i!::;t'"
more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way avoid or
alter the remaining obligations of the parties.
29. Breach: If either party breaches any provision 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. The party
breaching this contract shall be responsible for payment of
reasonable legal fees and costs incurred by the other in enforcing
their rights under this agreement.
30. Headinas Not Part of Aareement: Any heading preceding
the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not
constitute a part of this Agreement nor shall they affect its
meaning, construction or effect.
IN WITNESS WHEREOF. the parties hereto have set their
hands and seals this day and year first above written.
;1..,7-0/ ~lW,.l~lfll,~tJ L ~~
Date Witnes~ ~~ CLARENCE E. MILLER
,Qh\,,\\k~~~ C\ ~\,~
~ Witne s LISA A. MILLER
15
-"
"0,"'-,-",-'
,
~ . .,< "~
i-
- - -~
i1_"~'-Miil~J:iiJj
- ---~ "
'Wi'"
.
o
~
~\~:~
~c__ '"
C/) ,\~:
-,-c...
r::::o
~:m
;C"C
z
~....t
-<
C)
o
-TI
-"1
rq
;:;>
,
CO
:-n
i::J
\_J
-1-,
~~~
:n
-<
:!::~
a
=>
(..l
.
~ :;j;,j'~ml:tJiHI[jk'!-
'"
..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LISA A. MILLER,
Plaintiff
: No. 2000-1071 Civil Term
v.
CLARENCE E. 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 Section 330I(c) of the Divorce
Code.
2. Date and Manner of service of the Complaint: Sent to Defendant on February 28. 2000
bv U.S. mail. postage ore-paid. certified/restricted deliverv. Received bv Defendant on February
29.2000.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Mfidavit of Consent required by Section 3301(c) of the
Divorce Code: by Plaintiff, February 7. 2001; by Defendant, February 7. 2001.
(b )(1) Date of execution of the Plaintiff's Affidavit required by Section 330 1 (d) of the Divorce
Code: N/A
(2) Date of filing and service of the Plaintiff's Affidavit upon Defendant: N/ A.
4. Related claims pending: All issues have been resolved bv the PropertY Settlement
,-~"
~
Agreement dated February 7.2001.
5. Complete either paragraph (a) or (b).
,-
.Il
~ < -ii ~Ji!.::4!>i'M'i;><1~
(a) Date and manner of service of the notice of intention to file Praecipe to Transmit
Record, a copy of which is attached: N/ A.
(b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: February 8. 2001.
(c) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: February 8. 2001.
Plaintiff's Social Security Number: 214-70-4900
Defendant's Social Security Number: 160-62-6573
~,
Maryann urphy, Esquire
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
LD. # 61900
lIliiIiiiIi'
'"""~
~'.
'1~'1l"'iI~!i!Iii~M~_;1!-~'M~lillIil\Wlll~ t.11lld ~'jjl1lilll:1.
...'~
" ,_" , ,__, " ~~" ,'~~. ,"'~ _ ~,~o---,' ,-~ '
,"~ k
,c._, ,
-k'-,
"
~
""'" l.l!!illIl.'"I"iI~ " .....~
"-"
~~
---
.
.
0 0 0
C-
.". ~'rl
"D~' .,
nl~-f; 1'1 ~',,,
2:"0 ':'0 r':'::
:Z::C' I ""1 iTl
CT.! .~,~. OJ ) i;;:,:)
-<:: ""~~- ')
!;:=G ~:-: -'-I C;
)::::r. ") ::~: ~
~('.< '"''-- ()
)o.c 0 C) rn
2 5:'
:3 '='
'N :0
, -<
~
-'I~-' '-""""':F^'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
LISA A. MILLER,
Plaintiff
: No...lfkIV ,. /071 Civil Term
v.
CLARENCE E. 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 lose
money or property or other rights important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown ofthe marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary, Cumberland County Courthouse, I 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 Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
"
---,
^"'
iil'"
Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra suya.
Se has avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion y por cualquier que ja 0 alivio que es pedido en la
peticion do demanda. USTED PUEDE PERDER DINERO 0 PROPIENDADES 0 OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE 0 CONOCES UN ABOGADO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
~
"
,---"
--.....'T!ll:~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LISA A. MILLER,
Plaintiff
: No. .:u-vv ~ /0 'If Civd -r p--
v.
CLARENCE E. MILLER,
Defendant
: IN DIVORCE
COUNT I
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
AND NOW comes LISA A. MILLER, by and through her attorney,
Maryann Murphy, Esquire of Legal Services, Inc., who respectfully
avers as follows:
1. plaintiff is LISA A. MILLER whose current address is 175
Brown Road, Shippensburg, Cumberland County, Pennsylvania.
2. Defendant is CLARENCE E. MILLER whose current address is
175 Brown Road, Shippensburg, Cumberland County, Pennsylvania.
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. plaintiff and Defendant were married on August 7, 1999 in
Cumberland County, Pennsylvania.
5. There have been no prior actions for divorce or for
annulment between the parties.
, -~
-, '~-
I~,,--
~ ~ilb(~".:
6. Defendant is not a member of the Armed Forces of the
United States of America or any of its Allies.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised of the availability of
marriage counseling and that she may have the right to request the
Court to require the parties to participate in such counseling.
Being so advised, Plaintiff does not request that the Court require
the parties to participate in counseling prior to a Divorce Decree
being handed down by the Court.
9. Plaintiff requests this Court to enter a Decree in
Divorce from the bonds of matrimony.
COUNT II
CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502 OF THE DIVORCE CODE
10. Plaintiff hereby incorporates by reference all of the
averments contained in Count I of this Complaint.
11. Plaintiff and Defendant are the owners of real property,
retirement benefits, and other personal property acquired during
the marriage which are subject to equitable distribution by this
Court.
12. plaintiff and Defendant have been unable to agree as to
an equitable division of said property as of the date of the filing
-
-
"
I~.
~1L
of this Complaint.
13. Plaintiff requests this Court to equitably distribute the
parties' marital property.
COUNT III
CLAIM FOR ALIMONY PENDENTE LITE
UNDER SECTION 3702 OF THE DIVORCE CODE
14. Plaintiff hereby incorporates by reference all of the
averments contained in Counts I and II of this Complaint.
15. plaintiff does not have sufficient funds to support
herself during the pendency of this action.
16. Defendant does have a sufficient source of income to aid
Plaintiff in supporting herself during the pendency of this action.
17. Plaintiff requests this Court to grant her alimony
pendente lite during the pendency of this action.
WHEREFORE, plaintiff requests this Honorable Court to
enter a Decree:
a. dissolving the marriage between the Plaintiff and
Defendant; and
b. equitably distributing all property owned by the
parties hereto; and
c. directing the Defendant to pay alimony pendente
-
,~.,-
.~- -
-
-11IIIiIIIIiiJi-'
.ij,j;
lite during the pendency of this action; and
d. for such further relief as the Court may determine
to be equitable and just.
Respectfully submitted,
Maryan Murphy,
LEGAL SERVICES,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
LD. # 61900
Attorney for Plaintiff
1.........-
'-~. ~;I;c<
AFFIDAVIT
I, LISA A. MILLER, verify that the statements made in the
foregoing Complaint in Divorce are true and correct. 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.
B6(~(OO
Da e
c~ . '
,,-~= ~. Q- \,^dlJn
LISA A. MILLER
-
.-.~>'~' -
1. 0_'
I.......
"'ili;
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LISA A. MILLER,
Plaintiff
: No.
v.
CLARENCE E. MILLER,
Defendant
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Maryann Murphy, Esquire, do hereby certify that a true and
correct copy of the within Divorce Complaint was mailed to the
Defendant, CLARENCE E. MILLER, by first class U.s. mail, postage
pre-paid, certified/restricted delivery, addressed as follows:
Clarence E. Miller
175 Brown Road
Shippensburg, PA 17257
Respectfully submitted,
Maryann Murphy,
LEGAL SERVICES,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
LD. # 61900
Attorney for plaintiff
-
r"
'__~ ,1-,;0,
"-'itl-. 'U~-._.IllI"'~-
,
-~
""=-",,,,0'-'>-
. ~ -
.,
-,,-,..,-.
""',"
,~ ,
" """",,,
\
\
c
--.,.)
'-;'
,',~",
'1
- ,,> - ~
:::. . --~i--!i
~ (;)
-<
'~,
\
'\;"
r:":;!
'*~
".I I\i
..,
\"~
"'-\J
:-.--..;,
~
(0
,
/If:
, -'--".
'"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LISA A. MILLER,
Plaintiff
v.
: NO. J...-Crtrv - fO 7/ ~
: IN DIVORCE
-
1-'---
CLARENCE E. MILLER,
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, LISA A. MILLER, Plaintiff, to proceed in forma oauoeris.
I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding
in forma oauperis, certify that I believe the party is unable to pay the costs and that I am providing
free legal services to the party. The party's affidavit showing inability to pay the costs of
litigation is attached hereto.
Mary Murphy, Esquire
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I.D. # 61900
Attorney for Plaintiff
- -'
'i.,' , --'r."
- 1-
. "'-
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LISA A. MILLER,
Plaintiff
v.
: NO. .2-o-tnJ - )/) 7/ Ctm.t 77--.
: IN DIVORCE
CLARENCE E. MILLER,
Defendant
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am LISA A. MILLER, Plaintiff in the above matter and because of my financial
condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action
or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs
is true and correct.
(a) Name: LISA A. MILLER
Address: 175 Brown Road. Shiooensburg. PA 17257
(b) Social Security Number: 214-70-4900
If you are presently employed, state
Employer: Children & Youth
Address: 16 West High Street. Carlisle. PA 17013
Salary or wages per month: $1.521.00
Type of work: Case Aide
-
""~
_,,,,ie'I<_.
, .
If you are presently unemployed, state N/ A
Date oflast employment: N/A
Salary or wages per month: N/A
Type of work: N/A
(c) Other income within the past twelve months
Business or profession: -0-
Other self-employment: -0-
Interest: -0-
Dividends: -0-
Pension and annuities: -0-
Social Security benefits: -0-
Support payments: -0-
Disability payments: -0-
Unemployment compensation and
supplemental benefits: -0-
Workman's compensation: -0-
Public Assistance: -0-
Other: -0-
(d) Other contributions to household support NONE
(Wife)(Husband) Name: N/A the parties are separated
If your (husband) (wife) is employed, state
Employer:
N/A
, --~-, -, "
- ,-I....... '
,
~rMi
...
" ~
'"
'<c,".'
''-''U
liIIiiIiiiiiiilI'"
_llIilll<-'
, ,
Salary or wages per month: N/A
Type of work: N/A
Contributions from children: -0-
( e) Property owned
Cash:
Checking Account:
Savings Account:
$10.00
$200.00
$25.00
Certificates of Deposit: -O-
Real Estate (including home): $120.000.00 value ($113.000.00 mortgage)
Motor vehicle: Make Ford Escort Year 1993
Cost $3.000.00
Stocks; bonds: -0-
Other: -0-
Amount owed -0-
(t) Debts and obligations
Mortgage: $943.00
Rent: -0-
Loans: $154.00
Monthly Expenses: $2047.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name: N/A
-
,~
-
- --.-'''-"",
'0
'I'
" ""i5i
Children, if any:
Name: Thomas O'Brien
Age: 8
4. I understand that I have a continuing obligation to inform the court of improvement in
my financial circumstances which would permit me to pay the costs incurred herein.
5. 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. 4904, relating to unsworn
falsification to authorities.
D." ~ I ~ 10::> ~--~ Q. 0A41v
LI A A. MILLER
w~
I ,~",' "
,
I~_ l/.t'N~~""'"-'" ~ , " ~~\iilIiIIm
, "
~
.,." 'H.",',
.'
;'-, ~ ~'<
::-c.
:,:~
.-<."
" .
'. ,
-'h
-''-'
-'~' . ,-"
\',J
CJ.-
~T')
,'.,)
(,J
-:'0
=<.
~
"'
"'
-.
-.
':; Sl!!NDER:
l! . Complete items 1 and/or 2 for additional services.
l/J . Complete items 3, 4a, and 4b.
"( . Print your name and address on the reverse of this form so that we can return this
E. card to you.
~ . Attach this form to the front of the mallplece, or on the back if space does not
CI) permit.
.... .Write HRetum Receipt Requested" on the mallpi~ow the article number.
! ;;" The Return Receipt will show to whom the article w~~ delivered and the date
... delivered. ""',
l5 3. Article Addressed to:
"
~
Q.
E
o
u
Hillu-
1'1 .) B 1'-0 CUh ((OCtcl
s, hi pp tl\~ bWC;, pit
~ lOJQ,h ~e
E
/'1),51-{
... -
'l" Received By: (Print Name)
"'
w
a: 6. Signature: ddressee or Agent)
:; \X
g.
!I! PS Form 3811, December 1994
I also wish to receive the
following services (for an
extra fee): oi
1. 0 Addressee's Address .~
~Hestncted Delivev ~
Consult postmaster for fee. 0.
4a. Article Number ~
33& 8912~O &!
"
s
;;
a:
<II
"
"iij
"
7-
4b. Service Type
o Registered
o Express Mall
o Return Receipt for Merchandise
7. Date of Delivery
~ertified
o Insured
o COD
~
.e
"
g.
..
"
~
J::
I-
8. Addressee's Address (Only if requested
and fee is paid)
102595-98-B-0229
Domestic Return Receipt
-- <....:.'~'--'w,'r
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LISA A. MILLER,
Plaintiff
: No. 2000-1071 Civil Term
v.
CLARENCE E. MILLER,
Defendant
: IN DIVORCE
AFFIDA VIr OF SERVICE
I, Maryann Murphy, Esquire, depose and say:
1. That I am an adult individual residing in Cumberland County, Pennsylvania.
2. That on February 28, 2000, I sent by U.S. first class mail, postage pre-paid,
certified/restricted delivery, number Z 338 891 220, a 330l(c) Complaint in Divorce to the
Defendant, CLARENCE E. MILLER, at the following address:
Clarence E. Miller
175 Brown Road
Shippensburg, P A 17257
3. That on February 29,2000, the Defendant was served with the Complaint in
Divorce as evidenced by his signature on the green card, number Z 338891 220, which is attached
.
hereto.
Maryann hy, Esquire
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
LD. # 61900
l~
"
..
~
~.i6"~~ I~
~ -
r ~_ , , "'
';""""""""",",'='1ilI1iIi!'Mliiillili__tll!!_~W~l~'-~
"
.,'.
, .~
.'.
.
.
g 0 ~
0
Z .-A
5>- f~~f2
""OW 0
f't'Hn .c:
::z::O W -r-.l'""il
-.~~iO
::z:s;: c:> .:."-~ l
~~r :::-.:'{C~
0 ....-n
::: -'~ -;j
'< 90
i~ ...,.
9 5-([1
-"-l
~ W ~
.-
.'
)
t
"
. ......."4o.~ ~ ~'1
-
. .u<.;.
,- ~ .~-
j ~ ~
,~ ~~~ ~J~~ iMIl~
-~~il!itIlliimJ~-
,
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
LISA A. MILLER,
Plaintiff
: No. 2000-1071 Civil Term
0 CI ()
r- "'1'"1
~ -n
-0 C- ;-n
.'--- "
1"11 rr 0;:) :
Z-'"" ;~il
Q2~- I r-'
CO -~~:(S
~C} ~ "'"
-..p; C:" -'1('" ;,;!:~ :n
Z,; .." '~~~~
=0 S'
-""C:
Z ?
::< (;:J ~,
--
v.
CLARENCE E. 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 if! 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 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. Section 4904 relating to unsworn
falsification to authorities.
~\'1\O\
, \
Date
U, \{\.Jev-
-
~-
"-.1J;,,_~
.~
~~I~.M~!illM!iIiitt.."
,
"
,~, '
-~~..- "
..,-. -~ "'<.
.
n
C
?
-OrT;
.-nf1'-;
':2:u
:Z:C;~
~:>:.
r:;C;
-
J?: r~_
be)
:P"C:
~
CJ
-n
;T!
~:.O
i.i~ _:)
I
i:
o
-1"1-
.
co
-;=~~:
'-
'1;$,
} ""::0
';!o
.?- rfl.
S
Jo'
:Q
?;::
~>
<?
c>
o
--~
." .
..J_.,~
'~"'~J!ill!'il:i
.
. r .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LISA A. MILLER,
Plaintiff
: No. 2000-1071 Civil Term
v.
CLARENCE E. MILLER,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 25, 2000,
"
2, The marriage of 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 of 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 of 18 Pa,C.S. Section 4904 relating to unsworn
falsification to authorities,
D\I\ol
.
~_ Q, \I\-J~~
LISA A. MILLER
Date
~
lI*ii"
~-I: .....j.;
~'" ,-,~;'...;".w,;~ ''"!llil~tliJ.~~--"'ffi'i~i'Illl~liili-
,
,,~,~
Au' ....'.~
-
="J'
..' -,-
.c...'
"'--"-'~'-~
.
0 0 ()
C ->-n
s: ....,
-0 (JJ r'l 0, "J..'!
iiln'"1 cD
z~' I __-:]1
zC --, .
~t; CO :>~ (~~
:r;::," ~~~;?l
J>("") -:;1"
-.!I'.
":::"'~-" 9 ;~-:.:::. \-; 1
",-L'
;l>C '.:::::':
~ :::;. ~;
<::) ::<;
..-.L.~ "'~"~ -~~ . ~
~ "
-~~'.~
I
n!IMJ!Sl~~l\<:!!i"'!!A'
.
. .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LISA A. MILLER,
Plaintiff
: No. 2000-1071 Civil Term
v.
CLARENCE E. MILLER,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 25, 2000.
2. The marriage of 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 of 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 of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
fl. -7-&(
Date
It>AJ.ud'd~ ~-~
Witness CLARENCE E. MILLER
1iiiiIII..
L __a
~tmililW~I!il~__J~~~M~
'I.....
L
",'
'I
,
.
0 0 0
c: 'T)
~ ....,
~.", ,""
IJrp r"., -c.
mFil co -",
Z:J:J I . ;'"'rl
t5 ~~~_ co '.::;.'
-<.o~_ ~;>.:-:)
kG ;P> ~~i ~~
Pc 3:
20 s:? ~:Sil1
)>c:
Z .:::;) ~
=< -<
~i
.
-~-.......,~
"
'" .-
~~ "~ I_..~ifl"'~,"~.
J_ U- ..
'. ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LISA A. MILLER,
Plaintiff
: No. 2000-1071 Civil Term
v.
CLARENCE E. 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 fmal decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! 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 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. Section 4904 relating to unsworn
falsification to authorities.
).-7 -&1
Date
L~
CLARENCE E. NULLER
iliI' 'c c, ' ~ ,0- .) "
"~~ ~-
,
-J--"_iIl!ft;~~....~~1i@~~Jll:i1l\lU
. .
.,"
..,J.;,.,~~
'..
~ -~~
, "~
0 0 0
C --n
-o~': .."
I-,n. r~q -p
I rT: ,'7)
z.~~ ! .,ii_"
ZC -::"}l.::J
~<5:' cO ~~~Q-
r:::c~'
~.,.. :P.;> .c-}.;
d;c) :1:; ~~~
-c is
5>2
z "'"
:::::> -"'
~ ~