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HomeMy WebLinkAbout01-5731Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENNIFER L. MILLER, Plaintiff STEVEN B. MILLER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~1-'~"~O/ : : CIVIL ACTION - LAW : 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 judgement 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 /717) 774-1445 JENNIFER L. MILLER, Plaintiff STEVEN B. MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. C3[- ,5"731 : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Jennifer L. Miller, an adult individual residing at 4012 Pamay Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Steven B. Miller, an adult individual residing at 4012 Pamay Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on February 1, 1986 in Harrisburg, Dauphin County, Pennsylvania. 5. There are three (3) minor children bom of this marriage being Jason R. Miller (DOB: 2/27/88) Melissa D. Miller (DOB: 2/6/90); and Samantha E. Miller (DOB: 5/22/95). 6. The parties separated on September 10, 2001. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 o£Plaintiffs Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiffrequests this Court to equitably divide said property in accordance with Section 401 (d) of the Pennsylvania Divorce Code. 14. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY The averments in paragraphs 1 through 13, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 15. Plaintiffrequires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiffrequests an award of Support, Alimony and Alimony Pendente Lite. 16. COUNT IV ATTORNEY'S FEES AND COSTS The averments in paragraphs 1 through 15, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 17. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, Jennifer L. Miller, prays this Honorable Court to enter judgment: Awarding Plaintiff a decree in divorce; Awarding Plaintiff support, alimony and alimon~ pendente lite; C. Awarding Plaintiffcounsel fees, costs and expenses; D. Equitably distributing the marital property; and E. Awarding other relief as the Court deems just and~asonable. Dated: /~..~/~/ /' ~__---7~~ ~-- ~ / Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENNIFER L. MILLER, Plaintiff STEVEN B. MILLER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT REGARDING COUNSELING 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 Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unswom falsification to authorities. Dated: (~/~o 1o~ ' ' JI~-i~NIFE~ L. MILLER Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENNIFER L. MILLER, Plaintiff STEVEN B. MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : 1N DIVORCE I, JENNIFER L. MILLER, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Stxeet New Cumberland, PA 17070 (717) 774-1445 JENNIFER L. MILLER, Plaintiff STEVEN B. MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5731 : : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, STEVEN B. MILLER, hereby personally accept service and acknowledge receipt of the above-captioned Complaint in Divorce, having received said Complaint on the~-~'~ day of ~'T'~z , 2001. ~I'EVEi~ B.~ MILLERw Jennifer L. Miller, Plaintiff V. Steven B. Miller, Defendant In the Court of Common Pleas Cumberland County, Pennsylvania No.: m-573x Civil Action - Law In Divorce MARITAl. SETTLEMENT AGREEMENT November 19, 2001 Miller~$~ TABLE OF CONTENTS SECTION PAGE L. $.E,p. 6_J~_,5.T3_O_ _N__A._N..D__.N._Q _N._ ! _N._T_E._E F_E_ R_E._.N_ _C._.E_. ............................................................................. o RECONCILIATION: ................................................................................................................. 4 aL_. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL). COSTS AND EXPENSES: ......................................................................................................................................... 5 5, _.E_Q _UJ~T& B_L_..E._.D_LS..T_.R_ J_B_U_TLQ.N_..:. .................................................................................................... 7 A~ PREFACE: .............................................................................................................................. 7 B~ DISTRIBUTION OF ASSETS: ................................................................................................ 8 1. WIFE'S ASSETS: .................................................................................................................... 8 * HUSBAND'S ASSETS: ........................................................................................................... 8 3. ASSET DIVISION: .................................................................................................................. A_~. REAL ESTATE: 4012 Pama¥ Drive (including adiancent lot - 4010 Pamav Drivel, Mechanicsburg. Cumberland County, Pennsylvania, 1701l: ........................................................ 8 B_= REAL ESTATE: .............................................................................................................. 9 31)9 Fireside Drive. Camp Hill, Cmnberland County, Pennsylvania 17011 ................................... 9 C~_ DISTRIBUTION AND WAIVER OF PERSONAL ......................................................... I0 I_l MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE. ASSETS: ............................................................................. 10 D~ CASH PAYMENT TO WIFE: ........................................................................................ 12 E~ QDRO - Smifl~, Barney .................................................................................................. 12 F~ INTENT: ........................................................................................................................ 12 7. DEBTS: ........................................................................................................................................ I3 A. Wife's Debls' . .................................................................. 13 B~ Husband's Debts: .................................................................................................................... 14 C Marital Debt: ......................................................................................................................... 14 D Indcnmification: ......................................................................... 14 8. FULL DISCLOSURE: .............................................................................................................. 1 c). RELEASES: .............................................................................................................................. 16 !.O.- _C. U .S_TQ~X.'_ ............................................................................................................................... 16 H. BREACH: ................................................................................................................................. 18 ]2. REPRESENTATION: .............................................................................................................. 1 ~ VOLUNTARY EXECUTION: .................................................................................................. 19 ~ PRIOR AGREEMENT: ............................................................................................................ 19 ]6. MODIFICATION AND WAIVER: ......................................................................................... 1 17. GOVERNING LAW: ......................................................... 19 1_%. VOID CLAUSES: .................................................................................................................... 20 2]~ DATE OF EXECUTION: ........................................................................................................ 20 page 2 Miller MSA MARITAL SETrLEMENT AGREEMENT THIS AGREEMENT, made this '? day of , ~'e'~ . oox, by and between Steven B. Miller, hereinafter called "Husband", and Jennifer L. Miller, hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married on February l, 1986, in Dauphin County, PA; WHEREAS, three children were born of the marriage, specifically Jason R., DOB 2/27/88, Melissa D., DOB 2/6/90 and Samantha E., DOB 5/22/95. WHERe. AS, differences have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto desire to settle 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 the past, present and future sup:port, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible 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 fo:~h and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows: SEPARATION AND NON INTERFERENCE: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as art admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their p~e3 Miller MSA living apart. Each party shall be free from interference, authority and control 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 or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. Neither party shall say or do anything to negatively influence or alienate the minor children from the other parent. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguished, discharged, terminated, invalidated or otherwise affected by a reconciliation between the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. 3. ENFORCEMENT: The parties acknowledge that Wife filed with the Cumberland County Court of Common Pleas, Pennsylvania, to docket number O1-5731, Civil Term, a no-fault divorce action pursuant to Title 23, section 33ox(c) of the Pennsylvania Divorce Code and amendments thereto; Husband having accepted service of the same. It is specifically understood and agreed by the parties that the provisions of this agreement relating to equitable distribution of property and all other matters contained herein including but not limited to support, alimony, alimony pendente lite, counsel fees, costs and/or expenses are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be submitted to the court at the time of filing the praecipe to transmit the record to conclude the divorce. · page 4 Miller The parties agree to execute their respective Affidavit of Consent and Waiver of Notice and proceed with entering same to the court docket for the purpose of finalizing the divorce action on or after April 6, 2002. Each party shall further execute any and all documents which may require his or her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. 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 r~vision thereof shall alter, amend or vary any term of this Agreement. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shal'.[ not be regarded as a merger, it being 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. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENSES: Husband and Wife hereby acknowledge that they have been advised or have the right to obtain advice in regard to the fact that each may have the right to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available in their divorce action. Husband and Wife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and page 5 Miller alimony pendente lite at this time and during any and[ all further or future actions of divorce brought by either of the parties hereto, except as specifically provided herein. The parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. Husband's obligation to W2fe for the purposes of support and maintenance, and child support shall be limited to the following. Husband shall pay unto Wife on or before the eighth (8) day of each month, the following amount(s): $3,000.00 commencing January, 2002 through June, 2002, representing $1,000.00 in alimony (deductible by Husband and includable by Wife for purposes of taxes) and $2,000.00 in the form of child support; 2. $3,500.00 commencing July, 2002 through June, 2006, representing $1,4oo.oo in alimony (deductible by Husband and includable by Wife for purposes of taxes) and $2,~oo.oo in the form of child support; 3. $2,8oo.oo commencing July, 2oo6 through June, 2oo8, representing $1,4oo.oo in alimony (deductible by Husband and includable by Wife for purposes of taxes) and $~,4oo.oo in the form of child support; and, 4. $850.00 commencing July, 2008 through June 2o13. Husband's non-modifiable alimony obligations as defined herein shall terminate upon the death of Wife, Wife's remarriage and/or cohabitation with a member of the opposite sex or in accordance with the schedule defined herein but no later than June, 2008. Either party may administer these child support terms through the domestic relations office with appropriate jurisdiction upon p~e6 Miller request. For purposes of tax filings, Husband shall claim Jason and Melissa each year and Wife shall claim Samantha. Upon Melissa no longer being able to be so claimed by Husband, the parties shall alternate each year ![or claiming Samantha. Wife shall execute the appropriate IRS document each year in order to effectuate the intent herein and Husband's ability to claim such child(ren). Husband shall maintain Wife's health insurance until the final decree in divorce is entered. In order to secure the alimony and child support payments identified herein, Husband shall maintain a term life insurance policy in a sufficient amount to cover the the amount(s) so identified herein and Wife shall be entitled to receive copies of such policies evidencing placement of the same upon reasonable request but no more than one time per year. In the event Husband unfortunately passes from the face of this earth, then unfortunately Wife must understand that Husband's brothers' shall become the custodian over the trust for the life insurance proceeds for the sole benefit of their children. The parties agree that the trust shall be used for all educational expenses, health costs and business endeavors. Further, the parties understand that Wife's allocation of the policy coveting her alimony payments shall be first segregated from the total benefit and the balance of the benefit shall be paid into the trust for the children in equal shares. When Sammy reaches the age 25, the entire balance of the trust shall be disbursed to each child in equal shares. S. EQUITABLE DISTRIBUTION: A. PREFACE: The parties have valued to the best of their ability their entire marital and non-marital estates. The parties have made use of either the information provided between themselves and/or statement values associated with such assets and/or have attributed fair market values and/or other agreed upon values to such assets and for purposes of negotiation and settlement, and hereby stipulate to such valuations. The parties desire to effectuate the division of all assets in undertaking these terms of settlement. page 7 Miller MSM B. DISTRIBUTION OF ASSETS: WIFE'S ASSETS: Husband does hereby grant, convey, transfer, assign, and deliver and set- over unto Wife the assets so identified within this agreement; said assets shall be and remain the sole and separate property of Wife hereafter, free of any claim by or interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Wife hereafter. 2. HUSBAND'S ASSETS: Wife does hereby grant, convey, transfer, assign, and deliver and set-over unto Husband the assets so identified within this agreement; said assets shall be and remain the sole and separate property of Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Wife does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Husband hereafter. 3. ASSET DMSION: The parties hereby agree that the following assets shall be divided in accordance with the terms as provided herein. Husband and Wife agree to execute any and all documents required to effectuate the intent herein: A. REAL ESTATE: 4o12 Pamay Drive (including adjancent lot - 4mo Pamay Drive), Mechanicsburg, Cumberland County, Pennsylvania, 17ox1: x. The parties are joint owners of the real property known as 4o12 Pamay Drive (including adjacent lot - 4oxo Pamay Drive), Mechanicsburg, Cumberland County, Pennsylvania, XTOXl (referred to herein as the "premise"). Wife hereby conveys unto Husband all of Wife's right, title and interest in the premise. Wife shall execute at tJae time she is released page 8 Miller~$~ from the debt(s) associated with the premise(s) upon request a Deed reflecting her relinquishment, waiver and abandonment forever. If in Husband's discretion the division of the premise from the lot would be prudent, then upon request Wife shall further execute any other document/deed necessary to accommodate such action. Husband shall indemnify and hold Wife harmless for all past, present and future indebtedness on the premise including, but not limited to, any and all mortgage obligations5 real estate taxes, utilities and municipal assessments, and repairs, costs and maintenace. Husband shall be entitled to claim all interest, real estate taxes and any other permissible expense paid for purposes of tax filings. Husband agrees that he shall have Wife released from the mortgage obligations identified herein within three (3) ye. ars from the date of execution hereof. B. REAL ESTATE: 309 Fireside Drive, Camp Hill, Curaberland County, Pennsylvania 17on On behalf of Wife, the parties agree that Husband or Husband and Wife shall purchase, in joint names if possible, the property known as 309 Fireside Drive, Camp Hill, Cumberland County, Pennsylvania. It is understood that settlement is intended to take place on or before November ~9, 2oo~. The purchase price is $172,5OO.OO. Husband or the parties intend to obtain a mortgage in the amount of $1o5,ooo.oo in order to proceed to closing. The balance of the purchase price and all closing costs associated with the transaction shall be paid by Husband as part of equitable distribution. Wife shall be solely responsible for any and all mortgage obligations including the mortgage identified herein as well as all real estate taxes, utilities and municipal assessments, and repairs, costs and maintenace. Wife shall indemnify and hold Husband harmless for all National City Mortgage approximately $213,823.23 and First United Mortgage approximately $15,109.29. page 9 Miller MSA past, present and future indebtedness associated with the premise. Wife shall be entitled to claim ali interest, real estate: taxes and any other permissible expense paid for purposes of tax filings. Wife shall refinance 309 Fireside Drive, Camp Hill, Cumberland County, Pennsylvania on the expiration of sixty (6oi) months from the date of this agreement in order to release Husband from said obligation. Husband agrees to exeeute a transfer deed relinquishing his interest in the property within sixty (6o) days of execution hereof; said deed being placed in escrow with Wife's attorney's office until the time of refinancing as stated herein. C. DISTRIBUTION AND WAIVER OF PERSONAL l) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: ~. Husband and Wife do hereby acknowledge that they have divided to their mutual satisfaction all non-marital and marital assets including, but without limitation, business interests, corporate interests, partnership(s), joint ventures, inheritance(s), jewelry, clothing, retirement accounts, 4olk's, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. 2. Husband and Wife further acknowledge and agmee that the assets in the possession of the other spouse unless otherwise so divided by way of this agreement shall remain that spouses sole and separate property, each party hereto specifically waiving, releasing, renouncing and forever abandoning whatever claim, if any, he or she may have with respect to any of the foregoing items which are the sole and separate property of the other. 3- S.B.Miller A-Plus - Paxton Street & Cameron Street, Harrisburg, PA page 10 Miller MSA Wife hereby acknowledges and agrees that S.B. Miller A-Plus (2 locations) including bank accounts, cash, security deposits with Sunoco, shall be Husband's sole and separate property with Wife forever waiving, relinquishing and abandoning all past, present and/or future rights, title and/or interests and claims she may have arising from her marriage to Husband. Husband shall have Wife released from the existing debts (Fulton loan approximately Snl,ooo.oo and Americhoice approximately $23,ooo.oo) on the business within six (6) months from the date of execution hereof and shall provide evidence of such to Wife upon her request. Husband represents and warrants that he shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations identified above including reasonable attorneys fees incurred to enforce this indemnification. Automobiles/Boat: Husband and Wife agree that the vehicles in their respective physical possession shall remain the possession, of the party and each shall cooperate if necessary in executing any and all documents to reflect such ownership, including but not limited to titles, insurance documentation and registration forms. Specifically, Wife shall retain the Pontiac Van and Husband shall retain the Lexus SUV and Pontoon boat. Husband and Wife do hereby waive, release, and relinquish any and all claim to or interest in the motor vehicle in the possession of the other. If the title to any vehicle is encumbered by any debt or obligation, Husband and Wife agree that they shall each be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall indemnify and save the other harmless from any loss, cost, or cxpcnse caused to either by their failure to make payment of such debt. page 11 Miller ~$M D. CASH PAYMENT TO WIFE: In further consideration and exchange for the property distributed to the parties herein, Husband shall pay to Wife in the form of Equitable Distribution the total sum of Thirty Five Thousand ($35,000.oo) Dollars and no cents in the following manner: x. Sxo,ooo.oo on or before February 28, 2002; 2. Sxo,ooo.oo upon the sale of Pamay Drive or if not sold by February 28, 2003, then such amount due on March xS, 2oo3; 3- Sxo,ooo.oo due on February 28, 2oo5; and, 4- $5,000.00 on or before February 28, 2009. E. QDRO - Smith, Barney Husband shall undertake efforts to distribute by .way of a Qualified Domestic Relations Order ("QDRO') unto Wife 55% of Husband's money market with Smith Barney (value as of October m, 2oox - Sx5x,9xx.53 and $37, x44.92). The parties agree that Wife shall receive by way of a QDRO the sum of Sxo3,98x. o5 on or before September 30, 2002. The parties: understand and agree that a QDRO may not be required to transfer such amount and therefore further agree to cooperate and execute any necessary documents in order to transfer such funds to Wife with the least financial conseque, nce. Husband shall indemnify Wife for any costs, expenses, penalties or tax consequences incurred on the transfer should there be any tax consequence on the transfer to wife. Husband shall not be responsible for any liabilities once Wife elects to receive the retirement in the form of income. F. INTENT: This Agreement is intended to distribute all property of the parties, whether real or personal, and whether determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the owner thereof and each of the parties will execute any and all legal documents without any charge therefore to evidence title to such property in the other party. 'page 12 Miller ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and deliver to the other any deeds, documents, records or closing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 6. AFTER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are 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. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. DEBTS: A. Wife's Debts: Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall .p~el3 Miller indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by la.er. B. Husband's Debts: Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. C. Marital Debt: The parties acknowledge that each shall be individually responsible for and solely liable for the debts identified hereinbelow and shall further indemnify and hold the other harmless to every and all extent including but not limited to all past, present, and future fees, costs and/or expenses associated with the collection of such debts, judgments, interest, taxes and suits, including reasonable attorneys fees incurred to enforce this indemnification: Mastercard # ($9,000.o0) Wife Mastercard # ($6,ooo.oo) Husband Mortgages identified in footnote ~ Husband Mortgage identified in 3A above, 3o9 Fireside Drive Wife Business liens identified in 3C(3) Husband D. Indemnification: All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, de.fend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as · page 14 Miller MSA resulting therefrom including reasonable attorneys fees incurred to enforce this indemnification. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or W~fe to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or ihstituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 8. FULL DISCLOSURE: The parties aclmowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those :fights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or divide their marital proper'ry. The parties acknowledge that they have been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and income of the other and are familiar with and cognizant of such and the value thereof, or has knowingly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and intereslLs which, except for the p~el5 Miller ~SM execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the property or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. 9. RELEASES: Except as otherwise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or future support, division of property including income or gain from property hereafter accruing, right of dower and courtesy, right to act as administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of said marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of America. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' ~Sghts against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. xo. CUSTODY: A.~. LEGAL CUSTODY The parties hereby agree to share legal custody of their minor children. B_~. PHYSICAL CUSTODY The parents shall share physical custody of the children. Mother shall have primary physical custody. Father shall have partial custody as follows: page 16 Miller MSJ 1. Alternating weekends with Father frora Friday after school to Sunday at 7:o0 p.m. 2. Every Wednesday after school to 8:00 p.m. 3- Each parent shall enjoy two (2) non-consecutive weeks or two (2) consecutive weeks during the summer with thirty (3o) days advance notice to the other of such periods. 4- The parents shall share the following holidays: a. Mother shall have Easter and Christmas; b. Father shall have the Jewish Holidays of Rosh Hashanah, Yom Kippur and two nights of Han.ukkah; c. Thanksgiving will be split into segment A (morning through 3 p.m.) and segment B (3 p.m until 9 p.m.) and the parties shall discuss the segments each year; d. Father shall have New Year's Day and Fourth of July and Mother shall have Memorial Day and Labor Day; e. Father shall have custody of the children on Father's Day from lo:oo a.m. through 6:o0 p.m. and Mother shall have custody of the children on Mother's Day from ~o:oo a.m. through 6:o0 p.m.; and, f. The holiday schedule shall take precedence over the regular custody schedule. 5. With respect to President's Day, Martin Luther King Day, Columbus Day, or Veterans Day, all of which occur on Monday, the parent having physical custody of the children during the immediately preceding weekend shall have physical custody on the holiday Monday until 8:oo p.m. page 17 Miller.SM 6. Each parent shall have physical custody of the children for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent. C__=. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable tele. phone access between the children and both parents. The children shall be pe. rmitted free access to place calls to their parents at any time they desire. 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. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeldng such other remedy or relief as may be available to him or her. REPRESENTATION: Both parties have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. In the event either party elects to execute this agreement without the advice of counsel, he/she shall nevertheless be bound hereby and he/she specifically and knowingly waives his/her right, if any, to utilize his/her lack of legal representation as a basis to attack the validity of this Agreement. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her se][ection, and that each fully understands the facts and has been fully informed as to his or her legal rights and legal obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having had the ,opportunity to receive page 18 Mil'l er MSJ such advice and with such knowledge, 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 improper or illegal agreement or agreements. ~3. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledges that this 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. Further, each party acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress. 14. 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. x5. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements executed between the parties, and/or may or have been executed prior to the date and time of this Agreement, are null and w>id and of no effect. ~_6. MODIFICATION AND WAIVER: Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. page 79 Miller MSA ~.8. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 19. VOID CLAUSES: 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. zo. DISTRIBUTION DATE: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shall be known as the Distribution Date. 21. DATE OF EXECUTION: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either party executes this agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: ~teve~ Ii Miller efinifer LFMi~ler page 20 Miller klXA Commonwealth of Pennsylvania : : SS. COUNTY OF ~->'~'~"~ : On this, the /'~ day of ~/~/~k~- , 2OOl, before me, a Notary Public, personally appeared Steven B. Miller, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PU~C ~n~mission Expires: Commonwealth of Pennsylvania cot.try OF L Hill, Cumberland Counter, PA My Commission Expires April 30, 20~5 My Commi ss. On this, the f J day of ,///a~/c~.-~ , 2om, before me, a Notary Public, personally appeared Jennifer L. Miller, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: I- NOT^n,AL SEAL ~ / JAMES A. MILLER, Notary PuBlic [ [ floro of Camp Hill, Cumberland County, PA [ [ My Comr0lsslon Expires April 30, 2005~J page 21 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENNIFER L. MILLER, Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-5731 : CIVIL ACTION[ - LAW : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on STEVEN B. MILLER, Defendant October 2, 2001. 2. The marriage of the Plaintiffand Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce lifter service of notice of intention to request entry of the decree. 4. 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 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unsworn falsification to authorities. DATE: COMMONWEALTH OF PENNSYLVANIA ) )SS. COUNTY OF ~ ~'~c~/ ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared STEVEN B. MILLER, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing AFFIDAVIT OF CONSENT are tree and correct to the best of his knowledge, i~fformation and belief. Affirmed and subscribed to before me this oPUBLIC ission Expires: (SEAL) NOTARIAL SEAL JAMS8 A. MILLER, Notary Publlo Boro of Gaffl[~ Hill Cumberland Co~Jnty, PR My Commission Expires April 30. 2005 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Slreet New Cumberland, PA 17070 (7171 774-1445 JENNIFER L. MILLER, Plaintiff : IN THE COLrRT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-5731 STEVEN B. MILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301Ic) 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 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 statement herein are made subject to the penalties of 18 Pa.C.S {}4904 relating to unswom falsification to authorities. DATE: Barbara Sumple-Sullivan, Esquire Supreme Court//32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENNIFER L. MILLER, Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ' NO. 01-5731 STEVEN B. MILLER, Defendant : CIVIL ACTION - LAW ' 1N DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 2, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. 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 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATE: //J~NNlt~R L. MILLER Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Slreet New Cumberland, PA 17070 (717) 774-1445 JENNIFER L. MILLER, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA V. ' NO. 01-5731 STEVEN B. MILLER, Defendant : CIVIL ACTION - LAW ' IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .~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 ofpro~, c;: c~, lawyer's fees or expenses ifI do not claim them before a divorce is granted. .,.~ ~,i '~ : :'2 3. I understand that I will not be divorced until a divorce decree ~s entere y t -~;i Court and that a copy of the decree will be sent to me immediately afmr it is filed with the prothonotary. I veril~ that the statements made in this affidavit are true and correct· I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENNIFER L. MILLER, Plaintiff : IN THE COLrI~[T OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ' NO. 01-5731 STEVEN B. IVlILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIYE 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 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service dated October 5, 2001. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff September 8, 2003; by Defendant September 4, 2003. Dated: September 18, 2003 4. Related claims pending: None. All matters have been resolved pursuant tog,he Marital Settlement Agreement reached by the parties dated November 19, 2001 ant incorporated, but not merged into the Decree. See paragraph 3, page 5 of the Ag~ement 5. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with Prothonqitfiry: September 18, 2003. Date Defendant's Waiver of Notice in 3301(c) Divorce was filed~with Prothonotary: September 18, 2003. r/Barbara Sumple Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JENNIFER L. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CLgVIBERLAND COUNTY, PENNSYLVANIA w. : NO. 01-5731 STEVEN B. MILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy &the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: September 18, 2003 James A. Miller, Esquire 2010 Market Street Camp Hill, PA 17011 ~~uire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ,3ENNJ~',~, L. MIT.T.k'R, Plaintiff VERSUS ST~:~ B. MIT.T,RR, Defendant PENNA. N O. 01-5731 DECREE IN DIVORCE AND NOW,~ DECREED THAT J]~l~I_~'/~ L. MIT,T,T~I~ STEVENB. M.TT.T.'A~ AND 2003 , IT IS ORDERED AND , PLAINTIFF, , 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 WHIGH A FINAL ORDER HAS NOT YET BEEN ENTERED; Ail matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated November 19, 2001 aPzl incorporated, but not merged into the Decree. ATTEST: PROTHONOTARY