HomeMy WebLinkAbout97-06642
'I
,
~ !
~ ,/
, I
~
tI
~
~'
~
i,
"
(
I
I
i
I
I
I
I
".
'.
" Iii
.~
~
"
,~
'=
~":
.
.i II"
..
.
Wife and Husband, (wch intondill') to iJe l<!()illly bOllnd IleJ:eby,
covenant and agree os follows;
EFFECT OF DIVORCE DECREE
1, The parties agJ:ee that unless otherwise specifically
provided herein, this Agreement shall continue in full force and
effect afteJ: such time as a final decree in divorce may be
entered with respect to the parties.
AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
2. The parties agree that the terms of this Agreement
shall be incoJ:porated into any divorce decree which may be
entered with respect to them. The Court of Common Pleas which
may enter such divorce decree shall retain continuing
jurisdiction over the parties and the subject matter of the
Agreement fOJ: the purpose of enforcement of any of the provisions
theJ:eof.
DA'rE or EXECUTION
3. The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which it is executed
by the parties if they have each executed the Agreement on the
same date. OtheJ:wise, the "date of execution" or "execution
date" of this Agreement shall be defined as the date of execution
by the party l~st executing this Agreement.
DISTRIBUTION DATE
4. The transfer of property, funds and/or documents
provided for herein shall take place on the "distJ:ibution date"
which shall be defined as the date of e~ecution of this Agreement
unless otherwise specified herein.
EXISTING AND FUTURE PERSONAL OBLIGATIONS
5. The paJ:ties hereby agree that all existing personal
liabilities, debts and obligations of every description which
have been incurred by either of them shall be paid in a timely
fashion by the party who is responsible for the said liability.
Husband and Wife each hereby indemnify the other and guarantee to
hold each other harmless for any and all payments, charges or
penaltiul3 duo Oil ilGGOUllt of illl'l liablllt.y which in tho Bol,!
respons ib i l it 'I () t lIunballd or W i[o.
Furthor, Wite alld lIusband each cov(lIlallL, WilI: nlrlt, roprosellt
and agre(J that Ilo! thor Ililli Il<!rototoro cOlltractod for allY debt,
Uabil it 'I or obl.iqat ion 1'01' which tho othor or tho Gstato of the
other may be rOll}JO\l/i i.b III or 1 tab lo llxcopt ai, /;poc if ica 1 1'1
disclosod alld provided tor by the tetllW of' thi./3 ^'lreomellt. '['he
parties furthor covollont, warront, ropreHollt alld agree that each
will now alld all. time'j heroaf:tor SilVQ hannlo,ltj and ind,!mnify the
other and the oHtate of' the othor from all debts, charqos and
liabi.litios incurred otter the exocuUon dOlL,! Il<,n!of:, excopt as
m"y be ot!)(!rwise tlpeci.ficaily prtwided heroi.n, as well as from
all debts, liabi liti.os or obUg"Uons f:or every kInd whi.ch have
been incurred heretofore! by either party, illcludi.ng tho,;e for
necessities, except tor obligationtl arising out of this
Agreement.
Except as may be otherwise expressly provided herein, the
parties agree that all joint credit and/or charge accounts shall
be terminated immediately, and that no charqos shall be Incurred
by eIther party aqainst any joint account from the date of
execution hereof,
PROPERTY DISTRIBUTION PROVISIONS
6. Husband and Wife do hereby acknowledge that they have
previously divided their tangible personal property including,
but without lImitation, jewelry, clothes, furniture, furnishings,
rugs, carpets/ household equipment and appliances, pictures,
books, works of art and other personal property; Wife
acknowledges that lIusband has personal property in Wife's
possession including but not limIted to: clothes, books
basketball cards, sports memorabilia, and pictures. Upon request
by Wife, Husband shall, within two (2) wec"s/ remove his personal
property from Wife's possession. Husband agrees that any other
property in the possession of Wife shall be the sole and separate
property of Wife; and Wife agrees that all of the property in the
possession of Husband shall be the sole and separate property of
Husband. The parties do hereby specifically waive, release,
renOUnC(1 and forev/:Jr abandon any claims which ei ther may have
with respect to the above items, which shall hereafter be the
sole and exclusive property of the other.
AF"rE:R-I\CQUIRED PROPERTY
7. Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all items of
,,'
f.
"
property, be they HHlI, porsonal or mi:(od, tanqIble or
Intangible, which ore acguired by hIm or her aftor axecutIon of
thIs Agreement, with full poWer in hIm or Ill)r to dispose of the
same as fully and effectlvely, in ,!Ill rlHlpects and tor. all
purposes, as though he or she were unmarrIed.
MOTOH VEIIIC1JE:S
8, With respect to the motor vehicles owned by one or both
of the portles, they agree as tolloWSi
AI Husband receives the 1991 Ford Explorer;
B) Husband receives the 1976 Triumph TR6; and
C) Wife receives the Plymouth Reliant.
C. The parties agree to execute any documents
necessary to effectuate the provisions at this Paragraph on the
execution date hereOf, includIng VehIcle Sales and Use Tax
Returns as necessary to make any conveyanceu on a tax-free basis
within ninety (90) days of the signing of thIs agreement it
possible. The said documents shall be delivered to the party
entitled to receive same pursuant hereto within ninety (90) days
of the signing of this agreement.
D. In the event that any documents of title to the
said vehicles shall be in the hands of a bank or other holder of
a lien or encumbrance upon either of the said vehicles, and it is
intended that such vehicle be conveyed subject to the said lien
or encumbrance, the parties agree that they will advise the bank
~nd/or lienholder as to the transfer of title and they further
agree to execute whatever documents may be required to transfer
title where the document(s) of title are in the hand of such bank
and/or lienholder.
BANI{ ACCOUNTS
9. The parties hereby agree that all of the funds
contained in any nnd all joint account have been equitably
distributed.
The par.tIes agree that they have executed any and all
documents necessary to effectuate the provisIons of thIs
Paragraph.
TRANSFER OF REA!. ESTATE
10. II\HJbllnd llhall makll, executo and d,)liver all documents
in the usual form conveying, tranSferring and grunting to Wife
all of her dght, title ond intorest in ilnd to tho [<wI lJstate
situate at and known lHl 310 Chnrles rld" MochllnLcsburg,
Ponnsylvania.
The said conveyance shuli be free of nIL iions and
encumbrances except the lien of the existing mortgages and shall
be under and subject to any CQvenants and restrictions of record.
Husband hereby al3signs to WHe any and all interlJst which she may
have .n any insurance policies covering tho real state known as
310 Charles Rd" Mechanicsburg, Pennsylvanin, or in proceeds from
such policies, or in any prepaid real estate taxes. Wife hereby
guarantees to indemnify Husband and to hold her harmless for any
and all payments due in accordance with the terms of the
mortgages existing against the property.
EXCLUSIVE RIGHT OF OCCUPANCY OF RElIL ESTATE
11. From the date of execution of this lIgreement, Wife
shall have the exclusive right to occupy the premises situate at
and known as 310 Charles Rd., Mechanicsburg, Pennsylvania, free
of rent without reference or harassment by Husband.
Husband agrees to refrain from instituting any action in
equity or partition or otherwise in connection with said
premises,
RELEASE OF MORTGAGE
12. Wife hereby agrees that from the date of the execution
of this Agreement, she will cause the release of Husband from any
liability or obligation on the mortgage notes presently existing
in which both parties hereto are liable.
From the date of the Agreement, Wife agrees to assume as her
sole obligation any and all mortgage payments, taxes, claims,
damages or other expenses incurred in connection with the
premises located at 310 Charles Rd., Mechanicsburg, Pennsylvania,
and Wife further covenants and agrees to hold Husband harmless
from any such liability or obligation regarding the property
located at 310 Charles Rd., Mechanicsburg, Pennsylvania.
WAIVER OF RETIREMENT BENEFITS
1.3. HUsband and W J.fo hereby tJpoc l fl.ea Ll y re Lefwe and waive
any and all lnterost, clalm or rt(/ht tho'll; he or sho may have to
any and all retirement benefits (lncluding pension or profit
sharing benefits) or other similar benefits of tho other party.
The parties furthor acknowlodge and agreo that they shall execute
any documonts purtJuant to the Retiroment Equity Act or any
similar act thaI: may bo r<lquirod from tim'l to timo to accomplish
the purposes of this Paragraph.
The parties agree that in lieu of attachmel)l: by wife in any
interests or claims that wife may havo regarding husband's
retirement benl~fits, husband shall pay to wlfo Thirteen thous,~nd
dollars ($13,000) at four percent (.H) interest per annum.
This agreement shall be evidenced by a promissory note,
incorporated as part of this Property Settlement Agreement.
Distribution of these proceeds shall occur within ninety (90)
days after husband's permanent loave of employment from the
Public School's Employee Retirement System.
TAX PROVISIONS
14. Husband hereby warrants that his Social Security Number
is 177-56-9090. Wife warrants that her Social Security Number is
190-50-3610,
Wife and Husband agree that Wife shall be allowed to
claim both children on her respective income tax return,
AU1'OMOBILE INSURANCE
15. Wife and Husband agree that Wife will cover both
children on her automobile insurance policy at such time as when
the children are deemed able to drive until the children are
eighteen (18) years of age at which time the children shall be
responsible, respectively, for their own insurance.
COLLEGE EDUCATION
16. Should the children attend college, Wif~:...~p,d HllilPan1s""
agree that they will each be n!sponsible for one~~EheCOst
for each child to attend college for four (4) years providing the
child shall maintain a "C" average. If the child fails to do so,
Wife and Husband are not obligated to continue to pay for college
education.
\
I
I
Jo[NT [NCOME 'AX RETURNS
1'1. Husband and Wire agree to execute a joint income lax
return for tho calendar y'lilr [99'/ if they are entitl\!u to do so,
If the parties are entitled to a refund as a result of filing the
return, the re fund shall be di vided equal! y b<!twuen lllwband and
Wife. If the parties incur any liability to pay additional
income taxes as the result of filing the return/ the liability
shall be borne equally between llusband ond Wife. The cost of
preparing the return/ if any, shall be bom(] .)qually by llusband
and Wife. Husband and Wife agree to promptly make avoilable to
each other all records and information necessary or helpful for
the preparation of any joint tax returns/ any claim for refunds,
and defense of any tax audit.
Husband and Wife agree that they will be jointly responsible
for any and all contingent liabilities on the said return, and
they will jointly pay any claim or expense arising out of such
return or liabill.t.ies (including counsel fees, tax, interest and
penalties) except as otherwise expressly provided herein,
If additional liabilities, however, are found to be
attributable to misrepresentations or failures to disclose the
nature and extent of Wife's income or deductions as may appear on
the said tax return, then Wife will be solely responsible for
these additional liabilities and if additional liabilities are
found to be attributable to misrepresentations or failures to
disclose the nature and extent of Husband's income or deductions
as may appear on the Gaid tax return/ then Husband will be solely
responsible for these additional liabilities.
TAX CONSEQUENCES
18. It is the understanding of the parties that the
property transfers as described in this Agreement are within the
provisions of Section 1041 of the Internal Revenue Code and will
not result in the recognition of any gain or loss upon the
transfer. It is understood by the parties that the transfer of
property SUbject to Section 1041 of the Internal Revenue Code
will require that the transferee take the property with the tax
basis equal to the tax basis that the property had in the hands
of the transferor.
PE:RSONAL RIGHTS
19. Wife and Husband may and shall, at all times hereafter,
live separate and apart. They shall be free from any contact,
restraint, lntel:'f(Jr(Jnc,~ or ilut.hority, <llrtlct or lndirect, by the
other in all respects DEi fully as if t.hey were unmarried. Each
moy, for hls or hor stlparilto Ul30 or benefit, conduct, carryon
and e!l1gagu in any bus lnol3s, occupation, profess lOll or employment
which to hlm or hell:' may IHwm advJ.sable. Wit,) and Husband :shall
not molest, IwrMls, dll3turb or llIalign each other or the
respective famllleB of tlach other or compel or attelllpt to compel
tho other to cohablt or dwell by any mealls whatsoever with him or
her,
COUN:,Er, FEE: PHOVISIONS
r;
I.
i,
20, Each party hereby agrees to pay one-half the cost for
counsel fees regardJ.ng the drafting and preparatJ.on of the
necessary documents as requested joJ.ntly by the parties and coSt5
and expenses incurred in the drafting and filJ.ng of the
documents, Neither party shall seek any contrJ.~ution thereto
from the other party except as otherwise expressly provided
herein.
ATTOHNE:YS' FEES FO!1. ENFORCEMENT
21. In the event that either party breaches any provision
of this Agreement and the other party retains counsel to assist
in enforcing the terms thereof, the parties hereby agree that the
breaching party will pay all attorney's fees incurred by the
other party 1n enforcing the Agreement, provided that the
enforcing party is sUccessful in establishing that a breach has
occurred.
ADVICE OF COUNSEL
22. The provisiolls of this Agreement and their legal effect
have been fully explained to the parties by their counsel, Scott
Alan Sly, Esquire. The parties acknowledge that they agreed to
retain one couns?l to draft and prepare the documents concerning
the desires of the parties. The parties agree that they have
chosen the roie of counsel for document preparation only and that
they, the parties, have agreed upon any and all terms contained
in this document and all other documents for the purpose of this
divorce between husband and wife. The parties agree that they
have been fully informed ai to their legal rights and
obligations, including all rights available to them under the
Pennsylvania Divorce Code of 1980, as amended, and other
applicable laws. . Each party confirms that he or she fully
understands the terms, conditions and provisions of this
Agreement and believes them to be fair, just, adequate and
reasonable under the existlng circumstances. The parties further
confirm that a8ch is enteriny into this Agreement freely And
volllnt8r.ily and that tho oxecuUon of Lhin AqroemenL I.s not the
result of any durol:ls, undue inflllGnCe, collusIon or impropur or
illegal agreement or agroements,
MUTUAL H8LJ;;ASES
23. Except as otherwise expressly provided by this
Agreement:
(a) Each party hereby absolutely and uncondItionally
releases and forever discharges the other and the estate of the
other for all purposes from any and all rights and oblIgations
which either may have or at any tIme hereafter have for past,
present or future support or maintenance, alimony, equItable
distribution, counsel fees, costs, expenses and any other right
or obligatIon, economic or otherwise, Including all rights and
benefits under the Pennsylvania Divorce Code of 1980, its
supplements and amendments, as well as under any other law of any
other jurisdiction, except and only except all rights, agreements
and obligations of whatsoever matter arIsing or which may arise
under this Agreement or for the breach of any provision thereof.
Neither party shall have any oblIgation to the other not
expressly set forth herein.
(b) Each party hereby absolutely and unconditionally
releases and forever discharges the other and his or her heirs,
executors, administrators, assigns, property and estate from any
and all rights, claims demands or obligations arising out of or
by virtue of the marital relatiorship of the parties or
otherwise, whether now existing or hereafter arising. The above
release shall be effective regardless of whether such claims
arise out of any former or future acts, contracts, engagements or
liabilities of the other or by way of dower, curtesy, widow'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's estate, whether arising under
the laws of Pennsylvania, any state, commonwealth or territory of
the United States, or any other country. It is expressly
understood, however, that neither the provisions of this release
nor the subsequent entry of a divorce decree are intended to
defeat the right of either party to receive any insurance
proceeds at the death of' the other of which she or he is the
named beneficiary (whether the beneficiary designation was made
prior or subsequent to execution hereof), nor to defeat the right
of either party to receive any legacy, bequest or residuary
I
l
I
portion of the othor's estate undor hIs or her will of the other,
whether such will WDS executed prior or Bubsequent to this
Agroement,
(c) Excr,lpt [or <lny CillWO of action f(Jt' divorce which either
party may have or cla im to havf3, and ex copt for tho obLigations
of the partLes containod in this Agreemont: and Buch rights as are
expressly reserved herein, each party gives to the other by the
execution of thiB Agreement an absolute and unconditIonal re~ease
and discharge from all causes of action, claims, right or demands
whatsoever, in law or In equity, which' either party ever had or
now has against the other.
1'ERMINA'J'ION OF AGHEEMENT ABSENT DIVORCE
24. Notwithstanding any of the provisions of this
Agreement, if a final decree in divorce shall not have been
entered with respect to the parties wIthin one (1) year from the
date of execution of this Agreement, this Agreement shall
automatically become null and voId and the COVenants and
undertakings contained her.ein shall not be bindIng upon the
parties, In such event, any property, funds, and/or documents
shall be returned by the parties themselves or any escrowees
named herein to their original sources, the intent of the parties
being to restore themselves to their respective position
immediately prior to the date of execution of this Agreement,
FINANCIAL DISCLOSURE
25. The parties have disclosed to each other and they are
each aware of the extent of each other's income, assets,
liabilities, holdings and estate.
LAW OF PENNSYLVANIA APPLICABLE
26, This Agreement shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania.
AGREEMENT BINDING ON HEIRS
27. Except as may otherwise be provided, this Agreement
shall be binding and shall inure to the benefit of the parties
hereto and their respective heirs, executors, administrators,
successors and assigns.
p
J N n:cilWI' J ON
28. 'I'hl" A'Jruelllunl CtHlsUlul,m tho untire undf~rstanding of
lhe flarU.e:;; and IHlpor:;;ud"ll any ilnd all prier agreel1l\mls and
negot iat I. on:;; bu lwoen lh\!llI. Then! i) ru no representill ions or
wdrrantios other than thus\! oxprelHlly lwt forth heroin.
O'l'IIEH IJOCUME:N'I'AT I ON
29. Wl.fo and Ilutlband covenilnt and ilqree thal they will
forthwil:h (and at fIlf,ltll ten (10) days after demand therefor)
execute any and all writton instruments, i1ssi()l1ments, releases,
satisfactions, deeds, notes or othor writings as llIay be necessary
or desirable for the proper effectuation of this Agreement.
NO WAIVm OR PE:FAUL.T
30. This Agreemont shall remain in full force and effect
unless and until termlnatod under and pursuant to the terms of
this Agreemont. 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 breach of any
provision hereof be construed as a waiver of any subsequent
defauit of the same or similar nature, nor shall the waiver of
any breach of any provisicn hereof be construed as a waiver of
strict performance of any other obligations herein.
SE:VE:RABIL.I'I'Y .\NO INDE:PE:NDEN'I' AND SF;PARA'I'E COVENANTS
31. The partl.es agree that each separate obligation
contained in this Agreement shall be deemed to be a separate and
independent covenant and agreement. 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 i1nd in all other respects this Agreement shall be
valid and continue in full force effect and operation. L.ikewise,
the failure of any party to meet her or his obligations under any
one or more of the paragraphs herein, with the exception of the
satisfaction of any conditions precedent, shall in no way avoid
or alter the romaining obligations of the parties.
HE:ADINGS NOT PART OF AGREEMENT
32. Any heading preceding the text of tha several
par:i\graphs and Hubparaqraplw l1ureu/: IIro I.llIillttod Ilolely for
convenience of rofon1l'lcl! alld 11111111 not. <:lllHlt l tut,! .., part of this
Agreemont nor 1J11iI11 tlloy ilf!'od. It,,; mOiJllill'l, cUIlIJl:ruction or
(!ffect.
CONTHACT [N'I'I-:I\i"J([o;'I'AT [ON
33. For purpolJ()~ of contract int"rpn!tatioll ilnd for the
purpose of resol.vln\J ilny ambiguity horuln, lIllllbillld IIlld Wife agree
that this Aqre(!II\(!Ill: WiHi prepar,~d jol.lltly by tho attorney.
CONn DENT lAl., i'l'Y
34. This Agreement and the documents produced in the
process of negotiating the provisions het:eof ("documents") shall
not be filed with any public official at: othet:wise placed on
public t:ecot:d, except as may be necessat:y and t:equit:ed in
connection with a divot:ce pt:oceeding ot: in ot:det: to enfot:ce any
of the term~' het:eof. The pat:ties shall coopet:ate in an effort to
seal the t:ecot:d in any divot:ce pt:oceeding as it may relate to
this Agt:eement or the documents. The parties fUt:ther agt:ee that,
sUbject to requit:ed disclosure by subpoena, deposition or other
order of a court of governmental agency, neither party shall
disclose the terms of this Agreement or; the documents as
aforesaid, and each shall instruct his or her counsel and other
experts to maintain this confidentiality. In the event of any
subpoena, deposition or other order requiring disclosure of this
Agreement or the documents as aforesaid, the party receiving such
subpoena, deposition notice, or other order as aforesaid will
notify the other and allow the other to defend against such
disclosure at the defending party's own costs.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
D,a~e:_~)IIGm
W~~ ~
fL~~~~
Da ~~: \Y\Ct~l1.dm___
~llk~(1U~_______
Witness 0
_,___~ C' }?-dC(
LIS1\ E. MILLER
I.
,i
"
'I
"
.,
.'
,
"
. .
.,
. ,
.,
.,
,
1 .
..
"
.1
'1'[
'.
".Ii
"j
~_. I.
., .
" ...... .
Ih c5coll91lan ca/y
9lllorn,g ii' .8,,,,,
cp 0 'Box J41
91mb,./! CP,ntIJJ/loanllJ '/70JJ .5JJ-~J1j
"
"
'.
,il
"1
,'II
"I,
. .
I"
,.
"
"I'
i.. ,1
..
I.
'I'
"
",
,
!
GF.RJ\LD A, MILLEH,
Plaintiff
IN THE COU"'!' OF' COMMON PLEAS
CUMElF:IU,AND COUNTY,
pF:NNSnVANIA
VS.
NO, 97-6642 Civil Term
LISA E. MILI,F:R,
Defendant
CIVIL AC'l'ION ~ FAMILY
DIVISION - DIVORCE
PRAECIPE '1'0 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 3301 (c) (1) of the Divorce Code.
2, Date and manner of service of the complaint:
December 2, 1997, certified mail.
3. (a) (1) Date of execution of the Affidavit of Consent
required by Section 3301(c) of the Divorce Code by Plaintiff:
May 12, 1998
(2) Date of execution of the Affidavit of Consent
required by Section 3301(c) of the Divorce Code by Defendant:
May 12, 1998
4. Related Claims Pending:'
Economic claims have been settled by agreement.
5. (a) Date Plaintiff's Waiver of Notice in Section
3301(c) Divorce was filed with the prothonotary:
GE:RALD A, MI!,I,8H,
Plaintl [[
IN 'I'm~ COURT OE' COMMON PLE:AS
CUMIl8rU,AND COUNTY,
PE:NNSYLVJ\NIA
VS,
NO. 97-6642 CIVIL 'I'8RM
LISA E. MILLEH,
Defendant
CIVIL ACTION - FAMII,y
DIVISION - DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVEH OF COUNSELING
1. A complaint in divorce under Section 3301(c) of the
Divorce Code was filed on December 2, 1997.
2. The marriage of plaintiff and defendant is
irretrievably broken and ninety 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.
WAIVER OF NOTICE: OF INTENTION TO
REQUEST 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 I do not claim
them before a divorce 1s 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
f
, ,
,." .......) .......-..~_.
",,'!' ,
',j,,'"
I.
.
,(
(I
~
'. f
t,
"
G8HALD A. MIl,I,I:;H,
PIa intl [f
IN TilE CQUH'l' m' COMMON
CUMBEHLAND COUNTY,
Pr::NNSYINANIA
PL8AS
VS.
NO. 97-66~2 CIVIL T8HM
~
I
\
I,ISA 1:;, MI LI,8H,
Defendant
CIVIL ACTION - ."AMIl,y
DIVISION - DIVORCE
AfFIDAVIT Of CONSENT AND
WAIVER OF COUNSEI,ING
1. A complaint in divo~ce unde~ Section 3301 (c) of the
Di vorce Code was filed on December 2, 1997,
2. The marriage of plaintiff and defendant is
irretrievably broken and ninety days have elapsed [rom the date
of filing and service of the Complaint,
i'
3. I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
decree.
,1
WAIVER OF NOTICE Of INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 330l(c) OF THE DIVORCE CODE
,
!
1. I consent to the ent~y of a final decree of divorce
without notice.
2, I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be dIvorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immedJ.ately aft.er 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
" '
';1,\J,~ir:'
11Vt'II'"
It ~ ' 11.~11
~~I~I~il,111 ,I ,I
II/IJ,'II'
.,,~i'I~,J\,I:, I
jf1:. f..I,'/' I) '/1
-n"I;'5,\lbl',II/'1
~~\~'1~; :';'1'" ,
~1G:';'ri'(h' II
~3' ~\ '\"1" I"~ :" "
1 1T;lj' Jlt11. "\'
II f"~ ofl" 'I "
I': If lr' t I,.,,!
1:iM'I!j" ~,i/: 'I' I' :,"
~\"!'I'i~r,:;:;' ,
M ~,. '. \ I'
'VI,;i-[l: t\}i~ ~ +'
1~'1Ii\f':.:I,':
\':%':.I"li\':{I':'
"i'ilji't: ,I,
"~/!':_ll ~" -" ,,'
\WJ)~\;,:';, II' ,.
".v!1:/I' ','\ ,I
"rt,'-.-a,:,','
~11,.I/i;':,: ",
I., Jl:'_\jr,~ .,' ,t ,
'xl",,,'t,,-,'!
l,JW:';/' ~r ,
,Ij~;,jfjli, i
1,:\', ',' ' ~" ,\J', '
r'\;\:,'- ~
Jf.,,(. r I ~.
!~1(~:'':'1,,;:,::/:>''1' '~: '~.'
it'I,,!;;,jV.. ;1 I I ~.1 '--,
,. -,',1'\. -'1, I ........
'/:,1','.1"'1'11'1 '-i\'~'
'h:r\!'. I (I, ~ ;..
\-";'-'1' 'li' ,t! ,!F=J ~l'
~'r,I~-'i' ", I ,(' '(Q
t)!;(;'CI::!,J'I""l ~. 'q,.
I,!)"" _ . '\" 1 [,.;:! l' I
'{:/:Jlrl " il
J',-,",;')ll!..c,L.,; ;1
f"',"I."I!"!
;'i!;"t ii" ':'i,
/.I_'t';\ ;d,,\
,/"....,..,",'.,.i,.i.
I;:L"."':',';"",
'hI,':"
li,,;I,;,:,;',~'I" \' 1';1', 1.,
, n,"
r,I;',I(',;1 "
".<~\, I, I' '1, '
K(~~;!~:""/',~; 1 ','I
:':;,;~:lr(.",':; ; I
l'i""" ',,'
1.,(,t,I~." "
:~i ;::1\ ,",': i
,\rt ~,i:':\I'i";;';:i'
,1,., 1"'1 ','
'H:)L"'lr;- '
','}., ',iJi ,i~,..,
'J!
"',
, ,
1"1,
,;!~{;:.:W .i.11
''''II''
'I,'J('I,:-:it
I.'i!,", ' ,
"':1'..1\":"
')-".1;', "
.,~..", ,,'
trt'l..~ '-'."
IVi,:,,~\',i
i~\r.~J', ,'.. "
11 II ":'J
~.,\'i(, '
Ilel'-~'-' ,
}~"!i~"';
::'t"'-;;,:I', ,
/1.:1"",,'
",.'e';
'1'-.'.',' .
):I':hi,,1
'i'.{' I'
V' "I
,
j,J::'iit,',',
.. ':j
,1'1
, "
,
,I
"
,I'
"
;lil:~O
"
"
iii,
"
"
"
,
"
I,
",?;; , '
~,~
D:;Y;
0..,. .
h,
e)',....1
('(0
\~\m
.~
"
'I,
'I
~.c
, I
"
\,
I,
'lit
.i, .1
"
",
."
,
"
"
i',1
,
'I,
',i,
,
"
every Wedne~day frulII .,,:Ot) P,II\, until Thursday at B:OO a.III" tho
Monday followin'l thll weekend tlwt De fondant ha:.i custody,
PlainUff Illwll hilv(! pllrti.al custody from 4:00 p,m. Monday unti.l
TUI)sday at B:OO il,m. iHld other time:; a:; mutually arran<)ed and
lI<)rood botWt!0n tho part it!:'; .
9. lIoUday:;: Pl.aintiff and Dofendant :.iha1.l altornato
custody of tho childron on major hol.idays cOllull<lncing on Eastor
(PlalnUffl, Memorial Day (Defendant), Jul.y 4th (PlillnLiffl,
Labor Day (DeftmdanL), Thank:lgivi.nq (Plili.ntiff) and on Chr.Lstmas,
Pefendant :'lhaU hav'! c\wtody ot' tho chlldron unlil 12:00 p,m. and
Plaintiff shall. hav,) cUlltody from 12:00 p.m. until Docember 26 at
8:00 a.m. and New Voar's Day (PlaIntiff). Unless specHi.ed,
custody shall be fnom 8:00 a.lII. untIL 7:00 p,m. The holiday
cUBtody arrangemont will. alternate annually such thilt whatever
holidays that Plainti.t'f shall have custody for the first year,
then Defendant shall have custody the following year and whatover
holidays that Defendant shall have custody for the fIrst year,
then PlaIntiff shall have custody the followIng year.
10. Plaintiff shall provIde and maintain medIcal Insurance
for the children as long as same is being provIded by hIs
employer.
11. PlaintIff shall have physical custody during two (2)
weeks of the summer, not necessarily consecutive, and shall
provide Defendant w1th at least thIrty (:101 days noUce of the
spec.ific weeks.
12. Defendant shall have physical custody during two (2)
weeks of the summer, not necessarIly consecutive, and shall
provIde Plaintiff w.\th at least thirty (30) days notice of the
specific weeks.
13. The parties wish to amicably resolve the issues of
custody of their minor children and to jointly request the entry
of an Order of Court incorporating their agreement which is to be
filed at both PlaintIff's and Defendant's expense.
The parties jointly request the entry of an Order
of Court in the proposed form attached hereto.
Pa ted: _~J~_t-l~J1L__._______
_ (}7~
Gerald A. Miller
'/~ ~~
Lisa~Miller
GERALD A. MIL,LEH,
Plaintiff
IN Tm~ COUHT OF COMMON PLEAS
CUMBE:HLAND COUNTY,
Pf,NNSY1NAN IA
VS,
NO, 97-6642 CIVIL 1'EHM
LISA E. MILLER,
Defendant
CIVIL ACTION - FAMIl,y
t DIVISION - DIVORCE
ORDER OF THE COURT
AND NOW, this
day of
, 19
IT IS HEREBY ORDERED AND DECREED as follows:
1. Plaintiff, GERALD A. MILLER and Defendant, LISA E.
MILLER shall have shared legal custody of the children.
2, Defendant shall have primary physical custody of the
children,
3. Plaintiff shall have partial custody on alternate
weekends from Friday at 4:00 p.m. until Monday at 8:00 a.m.,
every Wednesday from 4:00 p.m. until Thursday at 8:00 a.m., the
Monday following the weekend that Defendant has custody,
Plaintiff shall have partial custody from 4:00 p.m. Monday until
Tuesday at 8:00 a.m. and other times as mutually arranged and
agreed between the parties. '
4. Holidays: Plaintiff and Defendant shall alternate
custody of the children on major holidays commencing on Easter
(Plaintiff), Memorial Day (Defendant), July 4th (Plaintiff),
Labor Day (Defendant), Thanksgiving (Plaintiff) and on Christmas,
Defendant shall have custody of the children until 12:00 p.m. and
j
Ii
r'
GERALD A. MILI,El\,
Plaintiff
IN THE: COURT 01" COMMON PLE:AS
CUMBEl\l,AND COUN'rY,
PENNSYI,vANIA
VS,
NO. 97-6642 CIVIL TERM
I
I
f;'
I..
C
LISA E, MILLER,
, Defendant
CIVIL ACTION - ~'AMILY
DIVISION - DIVOl\CE
STIPULATION or' SUPPOl\T
AND NOW, comes the above-captioned parties and
stipulate and agree as follows:
1. The Plaintiff is Gerald A. Miller, residing at 520 West
Spring Valley Rd., Wellsville, Pennsylvania 17365.
2, The Defendant is Lisa A. Miller, residing at 310
Charles Rd., Mechanicsburg, Pennsylvania 17055.
3. Plaintiff is the father
of children:
Kerry James Miller
Dustin Joseph Miller
of and Defendant is the mother
DOB 10/1/86
DOB 5/22/88
4. The children were not born out of wedlock.
5. The children are presently in the custody of Lisa A.
Miller who resides at 310 Charles Rd., Mechanicsburg,
Pennsylvania 17055.
6. Plaintiff agrees to pay Defendant forty-five dollars
($45.00) per week per child totaling ninety dollars ($90.00) per
week for. the support of their children, Kerry James Miller and
Dustin J'oseph Miller. The Defendant is to use this child support
payment for the purposes of the children only. The support
,
n; 01 E
~, ...:r
I...
~Il'~'" ,'01 r:.,
,. (;,!~
" ..,..~
~t: :1 '"
C,:,' 'J...
(,. CO . >-
;j'" ; :(1)
I , .~'"
G:':I ::.~ '.l-t..;-:
(.: ~~'-, I dr.]
15 -, ':/,t'l-
0'1 ~
en ()
'~,:.o
..,----
.I!
--
"
~i.'~
"
" ,
.,
There.. Illlrrell MI.]e
Supreme Court #46439
115 Pille Slreel
Hllrrl.burM, PA 17101
(717) 233.3220
CoullllOl for PllIllltlfr
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GERALD A. MILLER,
Plaintiff
v.
NO, 97-6642 Civil Terlll
LISA E, MILLER,
Defendant
CIVIL ACTION - CUSTODY
COMPLAINT FOR CUSTODY
I. The plaint.iff is Gerald A. Miller, residing at 611 Sunset Drive, Dlllsburg,
York County, Pennsylvania.
2. The defendant is Lisa E. Miller, residing at 310 Charles Road, Mechanicsburg,
Cumberland County, Pennsylvania.
3. Plaintiff seeks custody of the following children:
Name
Preselll Residence
Date of Birth
Kerry James Miller
Dustin Joseph Miller
310 Charles
Mechanicsburg, PA
10/01/86
OS/22/88
The children were not born out of wedlock.
The children presently are in the custody of defendant, who resides at 310 Charles Road,
Mechanicsburg, Cumberland County, Pennsylvania.
I
i
!
c, plaintiff believes and therefore avel'S that the chlldrcn have a prefercnce
regarding their custodial arrangements.
8.
Each parent whose parental rights to the children have not been tcrmlnated and
the person who has physical custody of the children havc been named as parties to this action,
r.
All other persons, named below, who are known to have or claim a right to custody or visitation
of the children will be given notice of the pendency of this action and the right to Intervene:
N/A.
Wherefore, plaintiff requests the court grant him custody of the children.
~J /5.ut--zz7l1Lf&-
Theresa Barrett Male, Esquire
Supreme Court # 46439
115 Pine Street
HarriSburg, Pennsylvania 1710 I
(717) 233-3220
COlll/sel for Pla/1ll1ff
Date: April 30, 1999
4
VERI FICA TION
I, Gerald A. Miller, state upon personal knowledgc or information and belicf that thc
averlllenls set forth in the foregoing documcnt are true.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
~ 4904, relating to unsworn falsification to authorities.
-iJJ~(l7l~
Gem d A. MilicI'
Date: If/-~c/ 99
(
"'J.cry Wcdn,,:;d,IY trom .1 :')r) p.m. unti I 'I'i1ur,;dilY at 8:00 a.m., th"
['I'>liday r"ll,1wlllq tile wl~ek,'lId l.i1i1t [",f('lIdi;lI1. h;;,; custody,
I'la1./ltltf ,;i1,1l1 have parti"l (:ustody fUJllt 4:()1j p.m. Mund..y 1I11l.J.1
Tlll.':.ida'f .:it ,,: 1]1) (I.Ill. ':lnd ()t.tI0t l iIlH::'-; .'):i Illutuall y arrantJcd C11~f-1
agreed between the parties.
~. /I01i.days: Plaintiff and Defendant shall alternate
custody of the children on major holidays cOllunencing on E:ast8r
(Plaintiff), Memorial Day (lh:f'cnd:illl""l, July 4th (Plaintiffl,
Labor Day (D<:(endant), Thanksgiving (Plaintift'l and on Christmas,
Defendant shall he>t! ('ustody of the children until 12: 00 p,m. and
Plaintiff 5h,1I 1 h"ve custody from 12: 00 p.m. until December 26 at
8:00 a.m. and New '{ear'.~ Day (Plaint:ifl'l. Unions specified,
custody shall be from B:OO a.m. until '/:00 p.m. The holiday
custody arrangement will alternate annually such that whatever
holidays that PlaUlliif c;hall i1i1V'" <,:u'itody for the first year,
then Defendant shall have custody tho following year and whatever
holidays that Defendant shall have custody for the first year,
then Piaintiff shall have custody the following year.
10. Plaintiff shal I provide and maintain medical insurance
[or the children as long as same is being provided by his
employer.
11. Plaintiff shall have physical custody during two (21
weeks of the summr;r, not: necessarily consecutive, and shall
provide Defendant with at least: thirty (30) days notice of the
speci f ic \-Ieeks.
12. Defendant "hall hilvo physical custody during two (21
vteeks of the SUIlUiwr, not n';ce';~;ilri,ly consecutive, and shall
provide Plaintiff with at least thirty (30) days notice of the
speci fic weeks.
13. The parties wish tu amicably resolve the issues of
custody of their minor children and to jointly request the entry
of an Order of Court incorporating their agreement vthich is to be
filed at both Flainti,(('~; ilnd Def':ndilnt's expense.
The pi]rti'2~; jot.ntly r'~quest Ute entry of an Order
of Court in the proposed (orm ilttached hereto.
[It I t(~d:
01Q, I.) I I'T~ (j ,
~{}]2l2fc_
(.erald A. Mlller ~
~. f"}1 '/1
J. i ,;a--i.;-" -MTn (;-i-- ---------, - --
GERALD A. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NO. 97-6642 CIVIL TERM
LISA E. MILLER,
Defendant
CIVIL ACTION - LAW
CUSTODY /VISITATION
JUDGE PREVIOUSLY ASSIGNED: Nona.
CUSTODY CONCILl~IIQNJ;;.Q.NF~RENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3.8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent Information concerning the children who ara tha subject of this
litigation Is as follows:
NAME
BIRTHDA TE
CURRENTLY IN
CUSTODY OF
Kerry Jamas Miller
Dustin Josaph Miller
October 1/ 1986
Mey 22/ 1988
Defendant
Defendant
2. A Conciliation Conference was held on August 26/ 1999, and the following
Individuals were present: tha Plaintiff and his attorney, Theresa B. Male, Esquire; the
Defandant appeared with her attorney, Jennifer L. Lehman. Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to ba resolved: See attached Order.
5. The Plaintiff's position on custody is as follows: See attached Order.
6. The Dafendant/s position on custody is as follows: See attached Order.
,;