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Home My WebLink About98-03416 I .~\ 1 \ , I , i \ \ i ~ '" - - '- I~ I I ~ ">- '" - - .- ~ " \ I I I I I i I I t' \~: I i I I I :-. 1 . i i _ ':) i I ..., I "" . ' ! -.,J i I I I "i I .......: i ~: \ N)i ! i . 0..,: ~: . c: ~i i I 3. plaintiff and Defendant have been bona fide residents of the Commonwealth of pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 23, 1992, in St. Thomas, Virgin Islands. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States. 8. The plaintiff has been advised of the availability of marriage counseling and understands that she may request that the Court require the parties to participate in counseling. 9. The plaintiff avers that the grounds on which the action is based are that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 2 22. Plaintiff requests the Court to order the Defendant to pay alimony to Plaintiff pursuant to Section 3701 of the Divorce Code. " WHEREFORE, Plaintiff prays your Honorable Court to enter an Order as follows: Respectfully submitted, . 'I} &Jir (a.) Dissolving the marriage between the parties; (b.) Equitably distributing, dividing or assigning the marital property of the parties; (c.) Directing Defendant to pay Plaintiff alimony pendente lite, counsel fees, costs and expenses arising out of this action; (d.) Directing Defendant to pay Plaintiff support and alimony; and (e.) Granting such further relief as the Court may determine appropriate and just. CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID #29933 2941 North Front Street Harrisburg, Pennsylvania 17110 (717) 232-7200 Attorney for Plaintiff 5 o '100 211 2bb us Posfal Service Receipt for Certified Mail No In:;urance Coverago Provided. Do not use for International Mail See reverse) Scntto Rodne A. /1Lller S:ff2' 'l':l'j'~cklatch Lane Post OffiCe, Slale, & liP Code Hill PA 17011 POslago $ 1 .24 Certified Fee 1. 35 Spadal Delivery Fee Aestricled Delivery "FeC-. "' ~ Return Receipt Showing to 'Nhom 8. Date Delivered .~ RelUm Receipt Showing to V,llom, <<t: Date. & Addressee's Address ci ~ TOTAL Postage & Fees $ (") Poslmar1<orDale E (; June :19, 1998 "- U) a. 2.75 1. 10 6.44 i'.,.."",.,,,,,._,.,... 'Qj SENDER: "C . Complete items 1 and/or 2 for additional services. 'u) . Complete items 3, 4a, and 4b. QI . Print your name and addwss on the reverse 01 this form so that we can relurn this ~ card 10 you. ~ II Attach this form 10 lhelront 01 the mailplece, or on the back if space does no! l:! permit. . Write "Retum Receipt Requested' onlhe mailpieca below the article number. . The Return Receipt will show 10 whom the article was delivered and the date delivered. 3. Article Addressed 10: ~ :5 ~ , 0 ,,,, ~ Qj C. E o u I also wish 10 receive the following services (for an extra reel: 1. 0 Addressee's Address 2. Restricted Delive Consult pas masler for lee. 4a. Article Number P 400 211 266 ~ u .~ ~ U) ii 'w u ~ a: ~ 5 Qj lD Certified a: o Insured g' o COD .~ Rodney A. Miller 312 Blacklatch Road. Camp Hill, PA 17011 4b. Service Type o Registered o Express Mail o Return Receipl for ti~ .rchandise 7. Date of Del", e .E o o >- '" ~ ~ .t: ... ~ o o >- .!!l 102595.98.6.0220 Domestic Return Receipt , ' ,I .~ ~. are within the exclusive knowledge and under the exclusive control of the Respondent, RODNEY A. MILLER. 4. The Respondent, RODNEY A. MILLER, is also a shareholder, partner or owner of unknown interests in various business entities, including, without limitation, Glenn Miller Beer And Soda Warehouse Inc., Glenn Miller Meats And Deli, and 1029 Associates Inc., all of which ownership interests have been acquired during the course of the marriage of the parties, rendering them marital assets subject to equitable distribution by this Honorable Court. 5. The aforesaid business ownership interests are within the exclusive knowledge and under the exclusive control of the Respondent, RODNEY A. MILLER. 6. The aforesaid business interests are family-owned businesses held exclusively by Respondent, RODNEY A. MILLER, and other members of his immediate family. 7. Respondent's unrestricted access to and control over the marital assets of the parties, including any bank accounts, stocks, certificates of deposit, Individual Retirement Accounts, pension or retirement accounts, 401(k) accounts or business ownership interests would permit him to withdraw and dissipate or secrete all or a substantial portion of the marital funds or to divest himself of his business ownership interests, thereby jeopardizing Petitioner's rights of equitable distribution of the said assets. 2 8. The petitioner seeks the entry of an Order Of Court, pursuant to ~~3323(f) and 3505(a) of the Divorce Code, 23 Pa. C.S. ~~3323(f) and 3505(a), and Pa. R.C.P. 1920.43(a) enjoining and prohibiting Respondent, RODNEY A. MILLER, from transferring, conveying, selling, encumbering, or dissipating in any fashion any marital assets of any nature and however titled, including, without limitation, all bank accounts, stocks, certificates of deposits, Individual Retirement Accounts, pension or retirement accounts, 401(k) accounts, and business ownership interests in any entity pending final resolution of all economic claims. 9. In order to avoid permanent and irreparable prejudice to the Petitioner's rights of equitable distribution, petitioner believes and therefore avers that it is imperative that this Honorable Court enter an immediate Temporary Order enjoining and prohibiting Respondent from transferring, conveying, selling, encumbering, or dissipating in any fashion any marital assets of any nature and however titled, until such time as a hearing can be held on this matter. 10. At the time of the separation of the parties, petitioner believes and therefore avers that Respondent was the owner and insured on various life insurance policies and was the owner and/or participant in various pension or retirement accounts, 401(k) accounts, or Individual Retirement Accounts, of which it is believed that petitioner was the designated beneficiary. 3 , 11. Since the birth of the parties' children, who are now aged 5 and 3, the petitioner has been a full-time homemaker and mother. 12. In the event of the death of Respondent, RODNEY A. MILLER, the only wage earner and sole support of the family, petitioner and the children would be left destitute and unable to meet their reasonable needs. 13. Petitioner is concerned about whether Respondent will continue to pay required premiums or to take other steps necessary for the continued maintenance of any such life insurance policies or whether he will change his beneficiary designations for such policies, pension or retirement accounts, 401(k) accounts, or IRA accounts. 14. Pursuant to 23 Pa. C.S. ~3502(d), petitioner requests that the Court enter an Order directing Respondent to maintain all insurance policies on his life, paying all necessary premiums thereon as due and designating petitioner as the primary beneficiary and the two children of the parties as the contingent beneficiaries of said policies, pending final resolution of the economic claims of the parties. 15. In order to protect Petitioner's equitable distribution claims in any pension or retirement accounts, 401(k) accounts, or Individual Retirement Accounts of the Respondent and to protect the economic welfare of Petitioner and the minor children of the 4 . parties in the event of Respondent's death, Petitioner also requests that Respondent be prohibited from transferring any funds or making any withdrawals from or loans against said accounts and that he be directed to maintain Petitioner as the primary beneficiary and the minor children of the parties as the contingent beneficiaries thereof, pending final resolution of all economic claims. WHEREFORE, Petitioner respectfully requests this Honorable Court to immediately enter an Order issuing a rule upon Respondent, RODNEY A. MILLER, to show cause, if any he has, at a hearing on this Petition, why the relief requested herein should not be granted. Further, petitioner requests the entry of an Order temporarily enjoining and prohibiting Respondent, pending hearing, from transferring, conveying, selling, secreting, encumbering, or dissipating in any fashion any marital assets of any nature and however titled, including, without limitation, all bank accounts, stocks, certificates of deposits, Individual Retirement Accounts, pension or retirement accounts, 401(k) accounts, and business ownership interests of any nature in any entity, however titled. Petitioner also seeks the entry of an Order of Court following hearing permanently enjoining and prohibiting Respondent as follows: A. From transferring, conveying, selling, secreting, encumbering, or dissipating in any fashion any marital assets of any nature and however titled, including, without limitation, all bank accounts, stocks, certificates of deposits, Individual 5 VERIFICATION I verify that the statements made in the foregoing petition For Alimony Pendente Lite are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. DATED: to j2~lip C~C'-"" . ~~ ANGELA MARl MILLER, Plaintiff/Petitioner ANGELA MARl MillER, * IN THE COURT OF COMMON PLEAS Plaintiff , * CUMBERLANDCOUNTY ,PENNSYLVANIA * vs. * NO. 98-3416 * RODNEY A. MillER, * CIVil ACTION - lAW Defendant. * IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Edward J. Weintraub, Esquire, on behalf of Defendant. Dated:~<?: Edwar . Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 10#17441 ATTORNEY FOR DEFENDANT ANGELA MARl MILLER, * IN THE COURT OF COMMON PLEAS Plaintiff , * CUMBERLANDCOUNTY ,PENNSYLVANIA * V5. * NO. 98-3416 * RODNEY A. MILLER, * CIVIL ACTION - LAW Defendant. * IN DIVORCE STIPULATION FOR AN AGREED ORDER PREVENTING DISSIPATION OF MARITAL ASSETS AND REQUIRING MAINTENANCE OF INSURANCE AND NOW, this 10' day of ;Tvl..; , 1998, the parties, by and through their attorneys, mutually agree and stipulate that pending equitable distribution in the within divorce action: 1. Neither party shall transfer, convey, sell, secrete, encumber, or dissipate any marital asset, including without lirnitation all personal property, jewelry, bank accounts, stocks, certificates of deposit, individual retirement accounts, pension or retirement assets and business ownership interests of any nature in any entity, however titled. 2. All insurance policies on the lives of Plaintiff and Defendant and all beneficiary designations in effect prior to separation shall be maintained and all premiums shall be paid by Defendant. 3. Neither party shall make any transfers, withdraws or loans from any retirement asset or IRA account and each party shall designate the other as the beneficiary of any such asset or account. 4. Nothing in this Stipulation and Order shall preclude sales or transfers of inventory, payment of ordinary business expenses or financing transactions in the ordinary course of business, the payment by either party of their ordinary and reasonable living expenses or any other transactions to which the parties and their counsel in writing mutually agree. -. Inlhc Conrt of Common I'lclls of ClIMlllmLANI> Connty, I'cnnsylvlInia DOMESTIC RELATIONS SECTION ANGELA M. MILLER ) Do,kel NOlllher 98-3416 CV Plaintiff ) vs. ) PACSES Case NUlllher 406100188 RODNEY A. MILLER ) Defi:1Il1:ntl ) Olher Slale ID NUlllher ORDER OF COURT - RESCHEDULE A CONFERENCE You, ANGELA M. MILLER plainti ff/defendant of 21 B GLENNWOOD DRIVE, CAMP HILL, PA. 17011 are ordered to appear at CUMBERLAND CO DRS 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 before a conference officer of the Domestic Relations Section, on the 3RD DAY OF SEPTEMBER, 1998 at 10: 30AM for a conference, after which the conference officer may recommend that an order be entered. This date replaces the prior conference date of Jur~Y 31, 1998 You are further required to bring to the conference: I. a true copy of your moSI reeent Federal Income Tax Return, including W-2s, as tiled, 2. your pay stuhs lil[ the preceding six (6) months, 3. the Income and Expense Statement atlaehed to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medkal coverage which you may have. or lIlay have availahle to you 6. inf<lfmatioll relating to professionallictl1ses 7. other: Servke Type' M Form eM-513 Worker ID 21205 MILLER V. MILLER PACSES Case Numher: 406100188 If you fail to appcar for thc confcrence or to bring thc rcquircd documcnts, the court may issuc a warrant for your arrest or enter an order in your absence. nY THE COURT: Datc of Order: July 23, 1998 Edgar B. Bayley, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MA Y ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 2 LIBERTY AVE CARLISLE PA 17013-3308-02 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be lIlade at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference. Form CM-513 Worker ID 21205 Service Type M ,. ," LJ.!. . ~.) r . ~!: ~ (.r) ~:. C.l' Lj-J' -, ,'", - ~ T /' '- fr;-: ,- tt. U <'I I::,) '- ~:: ;J~;~ '.),:2 ;:.Fj :;>'11"i ~; ~ if... ':5 U u... - . .~::) ("J ....1 :~~~ n"J c..:.-' -1: :j c' dl i [J u -f ..,J' j ~ .~ .;J. C-. ~ i .- ,.. E d . , In thc Court of CommoJl Picas of' ClJMBERLAND County, PcnJlsylvania DOMESTIC IU,LATIONS SECTION ANGELA M. MILLER ) Dockel NUlllher 98-3416 CV Plaillliff ) vs. ) PACSES Case Numher 406100188 RODNEY A. MILLER ) DelClI~alll ) Olher Slale JD Numher ORDER OF COURT - RESCHEDULE A CONFERENCE You, RODNEY A. MILLER plaintiff/dcfendant of 312 BLACKLATCH LN, CAMP HILL, PA. 17011-8412-12 are ordered to appear at CUMBERLAND co DRS 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 before a conference officer of the Domestic Relations Section, on the 3RD DAY OF SEPTEMBER, 1998 at 10: 30AM for a conference, after which the conference officer may recommend that an order be entered. This date replaces the prior conference date of JULY 31, 1998 You are further required to bring to the conference: . I. a true copy of your most receot Federal IUCllme Tax Relurn, ioclu~illg W-2s, as tiled, 2. your pay slubs telT the precedillg six (6) mOlllhs, 3. the IlIcollle and Expense Slatemelll allache~ (0 this or~er as require~ hy Rule 1910.1 I (c). 4. veriticatiollof child care expenses. alld 5. proof of lIIedical coverage which yoo lIIay have, or lIIay have availahle 10 you 6. intbrmatioll relating to professiollallicenses 7. other: Service Type M Form CM.513 Worker ID 21205 ....... ". ;.r.: i::: 1: l'~-'" C>', Ii: ~ '.jJ{: (.") ll~ l 0:: t' , I!. L) .'- "I (;:: '>- f;: ::~:~ :-.-::> (";4 :',:-i~ I:~ ..,-:: .:..Jtlj <:\[1- 3 c..:> C.:1 : ~..: ..:;: .:-;1 (,"'; __.J -'J (0 (.)"1 ,J ~?~ " J 1--- --0 .if '~ .'j t3 -rg ,"1' I -Z B -v c:g 1;. ...- '6 ) r:' <! c:. '0 0 ci In thc Court of COIIIIllon Picas of' CUMBERLAND County, Pcnnsylvania DOMESTIC RELATIONS SECTION ANGELA M, MILLER ) Dockel N 1I111ber 98-3416 CV Plaillliff ) VS. ) PACSES Case Number 406100188 RODNEY A, MILLER ) Defendam ) Olher State ID Number D27699 ORDER AND NOW, to wit on this 3RD DAY OF SEPTEMBER, 1998 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or G\) Other ALIMONY PENDENTE LITE REQUEST filed on JUNE 26, 1998 in the above captioned matter is dismissed without prejudice due to: THE PARTIES STIPULATING TO AN ORDER OF COURT, THAT WILL NOT INVOLVE THE DOMESTIC RELATIONS SECTION AT THIS TIME. G\) The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner, if filed within one year from date hereof. BY THE COURT: cc: PetLtLvner and RespvndeJt cc: Cvnstance P. Brunt, Esq. ~~~ cc: Dvnald T. KLss.i.nger, Esq. ,Jo\O'~ JUDGE (1110\'-"'"' DRO: R.J, Shadday Service Type M Form OE-506 Worker ID 21005 1999, and shall thereafter cease unless otherwise directed by subsequent Order of Court or agreement of the parties, B. On or before October 14, 1998, Defendant shall pay to Plaintiff a lump sum payment in the amount of Eight Thousand Four Hundred Fifty-Seven and 69/100 Dollars ($8,457.69), representing payment in full of all outstanding arrearages for support as set forth herein through the month of October, 1998. C. Thereafter, Defendant shall make all such monthly payments of support directly to Plaintiff on or before the first of each successive month. D. Defendant, RODNEY A. MILLER, shall provide medical insurance coverage equivalent to his current plan for the benefit of Plaintiff, ANGELA MARl MILLER, and the two minor children of the parties, Savana R. Miller and Glenn L, Miller. 2 E. Defendant, RODNEY A, MILLER, shall pay 100% of unreimbursed medical expenses, as defined in the Support Guidelines set forth in the Pennsylvania Rules of civil Procedure for Plaintiff and the said minor children of the parties, all such expenses to be paid within thirty (30) days of submission to him by Plaintiff. Such unreimbursed medical expenses shall include psychological counseling for Plaintiff, ANGELA MARl MILLER, F. All payments shall be made by Defendant directly to Plaintiff; provided, however, that all obligations imposed on Defendant shall be enforceable through the Domestic Relations Section of Cumberland County upon Plaintiff's request, including by autoITlatic wage attachment, in the event that Defendant fails to make any payment within five (5) days of the date it is due as set forth herein or otherwise fails to comply with any other obligation imposed on him by this Order. G. This Order is entered as a result of a compromise 3 proceedings are scheduled to be heard at a conference before the Cumberland County Domestic Relations Section on October 28, 1998. 5. The parties desire to amicably resolve the issues relating to support and alimony pendente lite and to provide herein for the entry of an Order Of Court setting forth their agreement, 6. The parties therefore stipulate and agree to the entry of an Order Of Court providing as follows: A. Defendant, RODNEY A. MILLER, shall pay directly to Plaintiff, ANGELA MARl MILLER, the sum of Three Thousand Five Hundred Dollars ($3,500.00) per month, effective June 24, 1998, allocated as follows: $1,566,67 per month as spousal support; $1,566,67 per month as child support; $108.33 per month for daycare expenses; .$258.33 per month for private school expenses, The parties acknowledge and agree that private school expenses shall continue through the 2 .!. :.. . ~'':". ,.,'...."".,. ~ ~_.'... . , 7. TERMINATION OF SPOUSAL SUPPORT. Thcparties acknowledge that pursuant to October 20, 1998 Order of Court of Coml11on Pleas ofCulIlberland County Pennsylvania docketed at number 98-3416. Husband has been paying Wirc spousal support of One Thousand Five Hundred Sixty Six ($ 1 ,566,66) Dollars and Sixty Six Ccnts per month, The parties agree that said spousal support obligation shall terminate on the dutcofexecution of this Agreement. 8. CHILD SUPPORT, Commencing on the execution date of this Agreement and until further Order of Court or agreement of the parties, Husband shall pay to Wife on a monthly basis, as and for child support, the total amount of One Thousand Six Hundred Seventy Five ($1,675) per month, Husband shall continue to provide medical insurance coverage available through his employer at reasonable cost for the benefit or the parties' two minor children, Moreover, Husband shall pay one hundred (100%) percent of the unreimbursed medical expenses, as that term is defined in the support guidelines set forth in the Pennsylvania Rules of Civil Procedure for the minor children of the parties, The parties specifically agree that unreimbursed medical expenses do not include psychological counseling, This provision shall supercede and replace the October 20, 1998 Order of Court docketed at #98.3416 in the Court of Common Pleas of Cumberland County Pennsylvania, 9. HEALTH INSURANCE COVERAGE FOR WIFE, Husband agrees to continue to provide Wife with basic major/medical coverage, equivalent to that which he is currently providing, for a period of three (3) years from the date of execution of this Agreement. Thereafter, Wi fe shall be responsible for providing her own health insurance coverage, At all times, Wife shall be responsible for paying her own unreimbursed medical cxpenses, 11 EXHIBIT , "A" .~. '..: 28. AGREEMENT NOT TO BE MERGED, This Agrccmcnt may bc incorponltcd into a dccrcc of divorce for purposes of cnforccmcnt only, but othcrwisc shall not be mergcd into said dccrcc, The partics shall havc thc right to cnforcc this Agrecment undcr thc Divorce Code of 1980, as amendcd, and in addition, shall rctain any remcdies in law or in cquity 0t1h~ 4, l;~l~tJ- WITNESS "r RO~MILLER under this Agrecment as an indcpcndcnt contract. Such remedies in law or equity are specifically not wai ved or releascd. IN WITNESS WHEREOF, the parties hereto have set their hands and seals thc day and year first wri tten above. ;)[At1 ~ 11 ~ l~dr-r WITNESS 7 I CL~,- ~ ~ ANG LA MARl MILLER 18