Loading...
HomeMy WebLinkAbout01-5873VS. SALLY J. MnJ.~.R, D~endant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - L~W.. NO.O/- ~'~'/~ ~ ~'"'~"'"* IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defendant 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 will proceed without and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff.. You may lose money or property or other fights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 TEI.F. PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvanin 17013 (717) 2~9-31~ VS. SALLY I. MILLER, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. o~- ~',~?~ ~ "/"'~'-' IN DIVORCE (~0MPLAINT IN DIVORCE 1. Plaintiff is Kevin R. Miller, an adult individual currently residing at 115 Fairfield Street, Newville, Cumberland County, Pennsylvania. Plaintiff has resided at this address since August 3, 2001. 2. Defendant is Sally J. Miller, an adult individual currently residing at 402 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania. Defendant has resided at this address for approximately ten years. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 19, 1981, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Unites States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of thc United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that Defendant will, ninety days fi.om the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301 (c) of the Domestic Relations Code. EQI0-1TABLE DISTRIBUTION 11. Paragraph 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Plaintiff and Defendant are joint owners of certain real estate located at 402 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania. 13. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the deb~ incurred by the parties. Respectfidly submitted, GRIFF1E& ~S~IA~S Attorney fo¥-'Plaintiff 200 North Hanover Sweet Carlisle, PA 17013 (717) 243-S551 (800) 347-5552 I verify that the statements made in the foregoing document are true a.nd correct. I understand that false statomems herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authodties. DATE: ~ 5~ O! KEVIN R. MILLER, Plaintiff VS. SALLY J. MII~LER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : NO. 01-5873 CIVIL TERM : IN DIVORCE szRWCZ, AND NOW, this 23~ day of October, 2001, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states that she mailed a c, ettified and true copy of a Complaint in Divorce to the Defendant, Sally J. Miller, at her address of 402 West Main Street, Walnut Bottom, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on October 17, 2001. Marylou'-~as, Esqui?e Attorney for~laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 2434551 Notarial Seal Robin J. Goshom, No/aP/Pubac Ca~IMe Bom, Cumbeflend County _ My C~nmlssion Expires Apr. 17, 2003 · Complete Items 1, 2, and 3. Also complete Item 4 It Restricted Delivery is desired. · Print your name and address on the reverse so that wa can return the card to you. · Attach this card to th~ back of the matlpieca, or on the front if spe~e permits. 1. Article Addressed to:I D. i-lyes If YES, enter delivery address belo~e [] NO Service Type [] Certified Mail [] Exp~ees Mall [] Reg~temd [] Return Receipt for Memhandise ~ [] Insured Mail [] C.O.D..,I , ~. Restricted Delivery? (Extra Fee) ~l]Ya~ 2. Article Numbe~ (Copy from service ~b~) ~ PS, Fqrm 38rtl ~f~lYiqp9gl ,~ ~! !,i" '~; ~n ,.e~tic Return Receipt KEVIN R. MILLER, Plaintiff V. SALLY J. MILLER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 01-5873 Civil Term :IN DIVORCE PRAECIPE TO ENTER APPEARANCE Prothonotary of Cumberland County: Please enter my appearance on behalf of the Defendant in the above captioned matter. Date: Respectfully Submitted, GREASON LAW OFFICE Lisa M/Crr~son, Esquire Attorney for Defendant 50 East High Street Carlisle, PA 17013 (717) 241-3030 Supreme Court ID # 78269 KEVIN MILLER V. SALLY J. MILLER: : IN THE COURT OF COMMON PLEAS OF : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 01-5873 : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Aaron Neuharth, Esquire, on behalf of Sally J. Miller, the Defendant in the above-captioned case. Date: \/~ x 1'o~ Aar cCaq'q-e~tlar t [, Esquire 401 East Louther Street, Suite 101 Carlisle, Pennsylvania 17013 KEVIN R. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW SALLY J. MILLER, : NO. 01-5873 [CIVIL TERM] Defendant : IN DIVORCE ANSWER TO DIVORCE COMPLAINT AND NEW MATTERS COUNT I - DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Defendant is without sufficient information with which to either admit or deny that Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the Court to require the parties to participate in counseling and proof is hereby demanded. 8. Admitted. 9. Denied. 10. Defendant is without sufficient information with which to either admit or deny this averment. ! 1. Admitted. 12. Admitted. 13. Admitted. COUNT II - EOUITABLE DISTRIBUTION NEW MATTERS COUNT III - ALIMONY 1-13 The answers to paragraphs I through 9 hereof are incorporated herein as fully as though listed in entirety. 14. Defendant is without sufficient property to reasonably provide for her needs, and is unable to adequately support herself. 15. Defendant will not be able to support and maintain herself in the manner that she maintained herself during the course of the marriage without continued the financial assistance from Plaintiff. WHEREFORE, pursuant to Section 3701, et seq., of the Divome Code, "Alimony," Defendant respeetfiflly requests your Honorable Court to Order Plaintiffto file within thirty days of service of this Answer and New Matters on Plaintiff, a complete income and expense statement and to require the scheduling of a hearing to determine Defendant's entitlement to alimony, and if so, the amount. COUNT IV - ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES 1-15 The answers to paragraphs 1 through 11 hereof are incorporated herein as fully as though listed in entirety. 16. The resolution of the issues raised by this Complaint will require Defendant to incur considerable additional expenses and costs. 17. Defendant is without sufficient means to adequately support herself and meet the costs of this litigation and is unable to maintain herself during the pendency of this action. 18. Plaintiff is currently employed at by the US Armed Services with a gross aunuai income of approximately $110,208.48. 19. Due to length of the marriage between the parties and Defendant's role as a homemaker, Defendant has been unable to obtain employment necessa~ to support herself and her children and currently has an annual gross income of approximately $18,000.00. WHEREFORE, pursuant to Section 3702, et. seq., of the Divorce Code, "Alimony Pendente Lite, Counsel Fees and Expenses," Defendant respectfully requests this Honorable Court to order Plaintiffto file within 30 days of service of this Answer and New Matters upon Plaintiff, a complete income and expense statement, and to require the scheduling of a hearing to determine Defendant's entitlement to Alimony Pendente Lite, counsel fees and expenses, and if so, the amount. Respectfully submitted, Aaron J. Neuharth~ Attorney for Defendant Law Offices of LopezNeuharth LLP 232 Lincoln Way East, Suite A Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. - ~ Sa~y J. Mille~7 ~ KEVIN R. MILLER, SALLYJ. MILLER, Plaintiff De~ndant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 01-5873 [CIVIL TERM] : IN DIVORCE PETITION FOR ALIMONY, ALIMONY PENDENTE LITE, AND COUNSEL FEES AND NOW comes, Sally J. Miller, Defendant/Petitioner in the above captioned-mater, by and through her attorneys, the Law Offices of LopezNeuharth LLP, who sets forth the following Petition for Alimony, Alimony Pendente Lite, and Counsel Fees pursuant to Pa.R.C.P. No. 1920.15(b): ALIMONY 1. On or about October 10, 2001, the respondent, Kevin R. Miller, filed a Complaint in Divorce. 2. Petitioner and Respondent were married in December 1981. 3. Petitioner did not have a regular income during the marriage. 4. Petitioner has held various jobs during the marriage consisting mainly of odd jobs, but Petitioner's main occupation during the marriage was that of homemaker. 5. Petitioner is now gainfully employed as teacher's aid. Petitioner also has a part-time job, and has is making approximately $18,000 gross per year from both of these jobs. 6. Respondent is currently a pilot for the US Armed Forces with a gross income of approximately $110,000.00 per year. 7. Respondent is gainfully employed and financially able to provide for the reasonable needs of the petitioner. 8. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 9. Respondent engaged in marital misconduct during the marriage. 10. Petitioner lacks sufficient property to provide for her reasonable needs and is unable to support herself through her full-time employment. WHEREFORE, petitioner requests the Court to enter an award of reasonable alimony, and any other such relief as the Court deems just and proper. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES 11. The resolution of the issues raised by this Complaint have required Petitioner to incur considerable additional expenses and costs. 12. Petitioner is without sufficient means to adequately support herself and meet the costs of this litigation and is unable to maintain herself during the pendency of this action. 13. Respondent is currently employed at by the US Armed Services with a gross annual income of approximately $110,000.00. 14. Due to length of the marriage between the parties and Petitioner's role as a homemaker, Petitioner has been unable to support herself and her children and currently has an annual gross income of approximately $18,000.00. WHEREFORE, petitioner requests the Court to enter an award of reasonable alimony pendente lite, counsel fees, and any other such relief as the Court deems just and proper. Respectfully submitted, Attorney for Defendant/Petitioner Law Offices of LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 VERIFICATION I verify that the statements made in this document are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. S~ally J. Mill~ / / CERTIFICATE OF SERVICE I, Pamela Mora, of the law offices of LopezNeuharth LLP hereby certify that I am on this day serving a true and correct copy of the Petition for Alimony, Alimony Pendente Lite, Counsel Fees on Marylou Matas, Esquire, attorney for Plaintiff/Respondent at 200 North Hanover Street, Carlisle, PA 17013 by hand delivew. Date: [~ ~2~ Z~/'~ ~)~ ~r'~C/CO Pamela Mora KEVIN R. MILLER, SALLY J. MILLER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01-5873 CIVIL TERM : IN DIVORCE PETITION FOR COUNSEL FEES AND NOW comes Petitioner, Kevin R. Miller, by and through his counsel of record, Marylou Matas, Esquire, and the law firm of Cn'iffie and Associates and petitions the Court as follows: 1. Petitioner is the above named Plaintiff, Kevin R. Miller, an adult individual whose mailing address is P.O. Box 6021, Martinsburg, WV, 25402. 2. Respondent is the above named Defendant, Sally J. Miller, an adult individual whose last known address is 402 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania. 3. A Complaint in Divorce on October 10, 2001, in the Court of Common Please of Cumberland County, Pennsylvania. 4. The Divorce Master was appointed, at the request of Petitioner, to hear issues of divorce and equitable distribution. 5. Respondent has repeatedly failed and refused to comply with the Master's directives in this matter. 6. Respondent failed to certify that discovery was complete in this matter. 7. Respondent failed to present a Pre-Trial Statement within the time fi'amc established by the Master. 8. Respondent and her counsel failed to appear at the Pre-Trial conference scheduled by the Master. 9. The matter was scheduled for a Master's Heating for February 5, 2004. 10. Petitioner prepared in detail for a full Master's heating as scheduled. 11. At the time of the Master's Heating, Respondent presented a Pre-Trial statement. 12. At the time scheduled for the Master's Hearing, Respondent requested payment of alimony from Petitioner, raising an issue for the first time since the Complaint in Divorce was filed. 13. Over Petitioner's objections, the Master allowed Respondent the opportanity to file a Petition for Alimony and continued the hearing. 14. Petitioner believes that the Master did not have information from Respondent sufficient to review the matter. 15. At the time scheduled for the hearing, the Master requested that the parties prepare a financial analysis to be delivered by February 23, 2004, and rescheduled the matter for an additional conference for February 26, 2004. 16. Respondent has failed to prepare and provide a financial analysis, as directed by the Master. 17. Respondent's actions in delaying the proceedings are dilatory, vexatious and obdurate. 18. Petitioner has complied with all Master's directives and has taken all steps necessary to move this case forward in an expeditious and timely manner. 19. Petitioner was prepared to present the matter to the Master for a heating on February 5, 2004. 20. Petitioner has incurred substantial attorney's fees in preparation for litigation, to which Respondent has either not been prepared or not responded, and as such, has not incurred fees. WHEREFORE, Plaintiff requests your Honorable Corm to enter an Order requiting Defendant to pay for Plaintiff's counsel fees, expenses, and costs. Respectfully submitted, ~,."~ff~t~ffie. Esqfiire ?"-_ anover Si ee Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. DATE:~,~' /t:~ KEVIN R. MILLER KEVIN R. MILLER, SALLYJ. MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5873 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on October 10, 2001, and served on October 17, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~g f~'~ O q KEV1N R. MILLER, Plaintiff KEVIN R. MILLER, SALLYJ. MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5873 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 1N THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. KEVIN R. MILLER, Plaintiff KEVIN R. MILLER, SALLYJ. MILLER, Plaintiff Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5873 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on October 10, 2001, and served on October 17, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. SALLY J. MIL~ER,~l~efenda~ KEVIN R. MILLER, SALLYJ. MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5873 CIVIL TERM 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE. 1. I consent to the entry of a final decree in 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 1N THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. SA~LY J. MICEP~Defendant KEVIN R. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01 - 5873 CIVIL SALLY J. MILLER, : Defendant : IN DIVORCE AND NOW, this 2004, the parties and counsel ORDER OF COURT day of , having entered into an agreement and stipulation resolving the economic issues on February 26, 2004, the date set for a conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, CC: ~Bradley L. Griffie Attorney for Plaintiff ~aron J. Neuharth Attorney for Defendant KEVIN R. MILLER, Plaintiff VS. SALLY J. HILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 5873 CIVIL : IN DIVORCE THE MASTER: Today is Thursday, February 26, 2004. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Kevin R. Miller, Griffie, and the Defendant, Aaron J. Neuharth. and his counsel Bradley L. Sally J. Miller, and her counsel 10, 2001, breakdown today with affidavits of consent and waivers intention to request entry of divorce decree The complaint in divorce was filed on October raising grounds for divorce of irretrievable of the marriage. The Master has been provided of notice of so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Cede. The affidavits and waivers will be filed by the Master's office with the Prothonotary. The complaint in divorce raised the economic claim of equitable distribution; on February 25, 2004, the Defendant filed a claim for alimony, alimony pendente lite and counsel fees; on February 25, 2004, the Plaintiff filed a petition for counsel fees. The parties were married on December 19, 1981, and separated July 23, 2001. The parties are the natural parents of two children who reside with the wife and are currently enrolled at Big Spring High School. After negotiations today the Master has been advised that the parties have reached an agreement with respect to the outstanding economic olaims. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modificaticns except for correction of typographical errors which may be made during the transcription. Consequently, when the parties leave the hearing room today they are bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the terms of settlement as stated on the record. The agreement will be transoribed and sent to counsel to review for typographical errors. Counsel will advise the Master's office of any corrections that need to be made and then the parties will be asked to affix their signatures affirming the terms of settlement. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Griffie. MR. GRIFFIE: If the Master please. In order to fully and finally satisfy all of the claims raised by the parties in these proceedings, they agree as follows: 1. The parties' real estate located at 402 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania, shall become the sole and exclusive possession of wife. Wife shall assume sole and exclusive responsibility for payment of the first mortgage due and owing to Pentagon Federal Credit Union and the second mortgage due and owing to Household Mortgage Corporation. Wife shall refinance those two mortgages within sixty (60) days of today's date. At the time of refinancing husband shall provide wife with a signed, witnessed, and a notarized deed to allow for her to place the property into her name alone. Husband's counsel shall prepare the deed for this settlement. 2. Wife shall retain ownership and possession of the parties' 1999 Suburban and the 1989 Jeep. Husband shall retain ownership and possession of the 1997 Toyota Corolla and the 1994 camper. Husband shall be responsible for the debt due and owing on the Toyota Corolla and Suburban and shall indemnify wife and hold her harmless from any demands for payment or collection activity or those debts. In the event it is necessary to execute any documents to transfer ownership of the 1989 Jeep and the 19194 camper, the party waiving their interest in the vehicle will sign all documents within fifteen (15) days of being requested to do so. With respect to the Toyota Corolla and the Suburban, titles to those two vehicles will be transferred to the party retaining possession within fifteen (15) days of receipt of title to those vehicles after payment of the encumbrance on the vehicles. 3. The parties' time-share located at Bayse, Virginia, shall become husband's sole and exclusive possession. Husband shall be responsible for all debts, fees, or encumbrances on that time-share from this time forward and shall indemnify wife and hold her harmless from demands for payment or collection activity on any such debts. Wife will cooperate in executing any documents necessary to transfer ownership into husband's name alone. 4. Ail personal property, both tangible and intangible, will remain the sole possession of the party presently in possession. More particularly, the Members 1st Federal Credit Union account, including the IRA, shall remain wife's possession. The 167th Federal Credit Union account and the Pentagon Federal Credit Union account shall remain as husband's sole possession. 5. In addition, husband shall maintain the life insurance policy on his life as his sole property and shall retain the Lutheran Brotherhood IRA account and Putnam IRA account as his sole possession. 6. Further, husband shall retain sole ownership and possession of his thrift savings plan secured through his employment with the federal government as well as sole responsibility for repayment of the loan on that account. Within thirty (30) days husband shal][ secure documentation and provide such documentation to wife through counsel evidencing the fact that the thrift savings plan loan was secured prior to the time of the parties' separation. 7. Ail credit cards presently in existence as identified on husband's inventory and appraisement shall become husband's sole and exclusive liability. This includes approximately $42,000.00 in principal balance on credit card debt incurred during the marriage and approximately $23,000.00 in credit card debt incurred post-separation. Any and all credit cards in joint accounts shall not be permitted to be used by either party from this date forward and husband shall promptly close those accounts. Wife will cooperate in closing those accounts through the execution of any documents necessary as provided by husband. The joint credit card accounts shall be closed as permitted by the credit card companies such as having those accounts closed to new debt. Under no circumstances shall either party create additional indebtedness for the other from this time forward. It is understood that the payment of the credit card debt as identified will be husband's sole responsibility regardless of which party actually incurred the debt and regardless of who may have benefited from the debt. It is understood that this is to include the marital debt listed in husband's inventory and appraisement and is not necessarily limited to credit card debt; it could include personal loan debt as well or any other marital debt. The parties acknowledge that wife has one credit card account in her name alone that is not part of this provision. 8. Husband is accruing retirement points through the United States Air Force/Air National Guard. As such wife shall be entitled to 50% of the coverture fraction of husband's military retirement at the time of his retirement. The coverture fraction shall be determined by having a numerator which shall be the total number of retirement points accumulated from the date of marriage until the date of separation. The denominator shall be the total number of retirement points accumulated during husband's military career. Wife shall be entitled to receive 50% of the coverture fraction of the retirement payments contemporaneously with husband receiving said payments. Wife's counsel shall prepare a military Domestic Relations Order to provide the distribution of this sum and shall submit it to husband's counsel for approval within thirty (30) days of today's date. At the time of husband's retirement he will select the survivor benefit annuity, the cost of which will be deducted from the gross retirement amount prier to distribution pursuant to the Domestic Relations Order. In addition, husband will name wife as a survivor in a percentage equal to the coverture fraction percentage that she is to receive on the total benefit. 9. Husband shall pay alimony to wife under the following schedule:' Effective March 1, 2004, and continuing for 5 years or 60 consecutive monthly payments, husband shall pay the sum of $1,000.00 per month; effective March 1, 2009, and continuing for 12 payments or one year, husband shall pay the sum of $800.00 per month to wife; effective March 1, 2010, and continuing for 12 payments or one year, husband shall pay the sum of $600.00 per month; effective March 1, 2011, and continuing for 12 months or one year, husband shall pay the sum of $400.00 per month to wife; and effective March 1, 2012, and continuing for 12 months or one year, husband shall make payments of $200.00 per month to wife in alimony. Husband's alimony obligation will cease after the payment in February 2013. The parties shall execute any necessary documents to terminate the spousal support or alimony pendente lite award in effect to the Cumberland County Domestic Relations Office effective March 1, 2004. In addition, the parties will enter into a modified child support order either by agreement or as entered by the Cumberland County Domestic Relations Office with an effective date of March 1, 2004. The alimony provisions provided for herein are non-modifiable but will terminate upon either party's or wife's cohabitation or remarriage. death 5 10. In consideration of husband paying the automobile loan on the Suburban that wife shall retain, he shall be entitled to deduct the monthly payment that he makes on the Suburban loan from his monthly alimony payments for as long as he must make the monthly payments on the Suburban loan. If wife chooses to sell that vehicle prior to the loan being paid in full, or at any other time in the future, husband will cooperate in executing the necessary documents to convey that vehicle to the third-party purchasers. At the time of purchase, however, the Suburban loan must be paid in full. The payoff on the automobile 2oan in the event that wife sells the vehicle prior to the ]_oan being paid in full by monthly payments shall be paid in full from the proceeds of sale. In the event that the Suburban automobile loan is paid in full either through husband's payments or through the sale of the vehicle, husband's payments on alimony shall simply return to the amount provided for above. 11. Both parties withdraw their previously filed claims for attorney fees and costs in this matter. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. GRIFFIE: Mr. Miller, were you present here in the Master's hearing room this afternoon as I recited the agreement that is entered into between you and your wife? MR. MILLER: Yes, I was. MR. GRIFFIE: Do you understand the terms of the agreement? MR. MILLER: Yes, I do. MR. GRIFFIE: Is it your desire to have that agreement, as dictated, be the final agreement to settle all claims between you and your wife that have been raised in the divorce proceedings? MR. MILLER: Yes. MR. GRIFFIE: And is it your desire to then have that stipulation entered into the Court order along with your decree? MR. MILLER: Yes. MR. NEUHARTH: Ms. Miller, were you in the room as the marital settlement agreement was dictated? MS. MILLER: Yes. MR. NEUHARTH: Do you understand the agreement? MS. MR. NEUHARTH: agreement entered as stated? MS. MILLER: MR. NEUHARTH: incorporated into MILLER: Yes, I dc,. It is your desire to have that Yes, it is. Is it your desire to have it the divorce agreement? MS. MILLER: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Kevin R. Miller -A~ron j. Neu~- Attorney for Defendant Sally ~Ml'~ler 8 KEVIN R. MILLER, SALLY J. MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5873 ,CIVIL TERM 1N DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under {}3301 (c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Certified mail, restricted delivery on October 17, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by {}3301 (c) of the Divorce Code: by Plaintiff: February 26, 2004 by Defendant: February 26, 2004 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: February 27, 2004 Date defendant's Waiver of Notice in {}3301 (c) Divorce was filed with the Prothonotary: February 27, 2004 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS ~EVIN R. MILLER, Plaintiff OF CUMBERLAND COUNTY STATe OF PENNA. VERSUS SALLY 7. MILLER, Defendant NO. 01-5873 Civil Term DECREE IN DIVORCE AND NOW, DECREED THAT ~, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, Kevin R. Miller AND Sally J. Miller 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 WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY The COURT: ATTEST:/' ~. ~., J. /, ~ dPROTHONOTARy