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HomeMy WebLinkAbout01-2121 FX , . . . Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DAWN MILLER, v. : NO. 01 - ~/J.( GiU'll T~ Defendant : CIVIL ACTION - LAW : IN DIVORCE RODNEY MILLER, NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or armulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. ,. When the ground for 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 the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. The Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 kffV>J ~~ Attorney for Plain 'ff -~. ~'I ~ _:". , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. OJ- .2/.21 ~.,-~ DAWN MILLER, v. Defendant CIVIL ACTION - LAW IN DIVORCE RODNEY MILLER, COMPLAINT UNDER SECTION 330l(c) OF THE DIVORCE CODE I. Plaintiff is Dawn Miller, an adult individual who is sui juris and resides at 30 Miller Street, Apartment C-8, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Rodney Miller, an adult individual who is sui juris and resides at 250 Sample Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents III the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 4, 1992, in Virginia Beach, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. -., r . -" ~~, - , " , ~, " 'I"" , , , 8. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG & SWARTZ lj~ 9 -01 ~~ By: Susan M. Seig LD. 70323 P.O. Box 889 Harrisburg, P A 17108 (717) 234-4121 Attorney for Plaintiff '~-f~l!i "_,_' _,'L. ~~" ..- - ",~ - ,. ., .' . .. VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~~p~^, Dated:lf- q-o \ ..}~ \....> '''-~ ~L\ . , -'fr::' ,,' " '",,''''-, . CO> ';y ~ ~ .~i!1.:&IIllII'J!",. ..'~ .~ ...~.-" 72~ -64. ~ '- \i:.'/.J -a ~ ,Crt _Crt , ...... - ~ 8d .... .....J 0. c- o '" I ~ ~ [f: ~ 1 '-<, Tlll ,- ~~W\j?"'" JjfC';j;1w~y"r"M1iI\, " .W1~~'~"'i>'". o c <' "\Jrr:; fll,.:, Z:...l! ~!~:, ~t: ?:~: ~~ C: (~~.; '::I"> -TJ :-:u w 0 G --~ G..' .. :::> ,_. .- ~J-.-_,,:J!'! 1W~~>,,"~~I'I!t , , _,.!Jl"""l""""-c ' _, , , ... ','" f Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DAWN MILLER, v. : NO. 01-2121 Civil Term Defendant : CIVIL ACTION - LAW : IN DIVORCE RODNEY MILLER, ACCEPTANCE OF SERVICE I, Rodney Miller, hereby certify that on April 24, 2001, I received the certified and time stamped copy of the Complaint in Divorce forwarded via first class, certified mail, receipt No. 70993400 0016 3623 8300 attached hereto. Date:~ // 39630.1 ;i'*.~_, _ > ", ~ , _'_." - ., 1 ' _y _ ~. - - " ~ ,,= ' -~ ~,,~~,~ ,"., ~ ...,."~-' " ~> c c (T1 "" Postage $ Postmark H'~ (T1 ru '"' rri q erO -56 ,:?~O $ .") Certified Fee '"' .-'I C ci Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) c c ~ ~1(tln:L~mt{lmr:_:o_m".J:t'd.b~:ail:"___._____.____._____ ~ -:~.~;,:~--~~c;~--_._--_.._--_._--- I'Y'\, ' . '. . Total postage & Fees ~. " .~ " .. ~ " S c o 'C " 11 D. E o .. SENDER: o Complete items 1 an"dtor-2 for additi~ .services. Complete lIems 3, 48, and 4b. . D Print your name and address on the reverse of this form so that we can return this card to you. o Attach this form to the front of the mailpiece. or on the back if space does not permit. C Write -Return Receipt Requested"on the mailpiece below the article number. o The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: I also wish to receive the follow- ing services (for an extra fee): 1. 0 Addressee's Address ~Restricted Delivery 12-&1 ne y \IY\ 1 1\ ~ Y' .;2S 0 Sa rYIpl-4::>y:'dJ~ get yY\-ecl'O() "dSb1(~f1.4 116'55 -t:A .e " o >- .. c .. ~ PS Fonn3811, December 1994 1?25U'C 99 B 0223 Domestic Retum Receipt '1 ~ ~ r' - "~ .. .;iIll.",......~, _:~ :IlL "C ~.....~.~,_~ ,"'~ne"i1!I:J, I =. ''1'' .+u .~ .-- ~- = ~,,~ '....'" - I 0 !.~ sr~ -" c s: 0 -oeD n E f1lrTi ..... Z::L ~j ,~;,:: ;71:;:: ,.0 ""-.....:..' co "''-'__ " '~. \ -<~.:-- '-:_~': ~::) !<c "D -,~"Tl ,.-::D ?Zc ...2-- '::=-;C) C .c~.. rp )>c r:-? c~ ' ~ '" ~ (,;! -< ~~lllI'l!!t1!if~~!'!tr,",,\iVj"'f""-Y"'''\::!'''~'';:'',i~~:'-''''n''''-~'9'1\'')\""'~@o'it';W5i-liW-i'!.i~Wr,fI\i,~w~\j'!!l:WP"'n~;.l''''~~;f''''-~'"ili','Z~WF~'''~~~'\i!J~Jl~., . " ... " . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAWN MillER, v. : NO. 01-2121 Civil Term Defendant CIVil ACTION - LAW IN DIVORCE RODNEY MillER, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 10, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. Date: I () \ IZ)O I Ctl1~~'~~~;\ Dawn Miller, Plaintiff SSN I SJ'J- (cd-:Jf(C;;), j,r..\lM ',re ..~ 11 1[1. "r ~ ',1 "" ',l_ "-'- " ~~~",J:\_ >" ,_~....,~ "~ ~ ._- or. ""'0_'=_ _'. ,_ '~"~."'","'"~.' ,~. -,~-" - ',' -""',^ () C (J S;; -q $.. 0 ""00:; n -.:j mn"l Z:r::( -f .-'''' ","; Zc;.;: ern (/J..,:. . '.0 ::\") r::::J -<0<:::: ~~:~ 2:> k'C v :;p; ;~j~ 20 ::E: :>0 ~ Om ~ =< N ~ (~ -< . ~~ .=~""~.-"i!rf!'l!",~,,~_,.,.t(~~!i!,.~~;"W,:'Ri';:""~i!'i'W~~~-'-O;in!,,-"'IW'~'I;~''!'-'I1<r~~f''jt9!~'!P~'ilj!!Pir.ijl''fWJlW~~~~~~ . (, 4 - ~. . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAWN MillER, v. : NO. 01-2121 Civil Term Defendant CIVil ACTION - lAW IN DIVORCE RODNEY MillER, 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 is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: jtll/S?}6 I _[nH~ V}l0 Qv1 Dawn Miller, Plaintiff C;;:l:"Fr'lI " <_f'" - ~ '~- ~~ ,.- ., . ,~~, ~Jl"!'I!_~~",.~ " (') 0 0 C -'11 -ohJ ::::> tpID c-) -l - &~' ,-- _; :Ii <D :-~;::::) Cl g~ ~(') 3:- >0 1:? c ;Z; N ~ =< 5:J w -< ~,=~~G"&1""~'ffi!,,e;,;j:;'mj1i'"lN~'i~~'''~~9'jW'''''i~~i~~~'~~!i!~rilljj1;;?'W1",9fW~ii!:~IIl}iJ'ITi~~ .I ,r ... ~ ~. . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAWN MillER, v. : NO. 01-2121 Civil Term Defendant CIVil ACTION - lAW IN DIVORCE RODNEY MillER, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 1 0, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: /611~)lJ I 1-'}if!1!I~"'C'~F~ "~-~,' -I"" . . ~ . " ,. ~, .~.~ ~ ~~ -. -~,~. --, 0 0 0 C -n s;:: :::> -0 co " ~~;::! mron ... Z7') &55-: '" :;-:;0 -<,0;. ;~;~~ t} ~o -0 ,- '1 ~o ..J,'... /5 ::u ",.,..() -0 1'0 Off'! >c :z N ;i;i ::;! (..) ~ ~~iI!IWI!!'!it~I~!lj",",'!'/'i"_m!~~~,"i""i=""',","~Wc'4~;W'!ll~M;1I\~J!l!j~-J~W'l~ff.r,"$(W,~j@,",,~_"I)11II_.~'M'~ ..~ . . ....'. .. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAWN MillER, v. : NO. 01-2121 Civil Term Defendant CIVil ACTION - LAW IN DIVORCE RODNEY MillER, 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 is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: IIJ}!1)dl 'J"':: .' ~ .; .-~ t:'"":,'. ";'i ). t::~,_~_",~_ ~~ ,~. ,". " -.""" 1 ''C'-r .~ . ~ . '. t ,~ 1_=>0', ~~~!61'",""" - ="- =~ = " ,- ~~,.~ ~ , ~ ..~ ~ -~ '.' ~ = '-'" . '. 0 0 0 C -n ".. 0 'U63 n rnfT~ -4 '" Z::u ,-- zr;:: 1.0 ~'HE9 0>,"'-::; -<,' ".')L, ~c.; "'0 .:)~ >' ZO :x /':':~i :.D ~o-;.() --0 ~ Om "'c ~ N ~ C,,) -< ,~__''W~1W''''''~~~~;!;~!3'',I'~~!\tW1!'1<f-1~/iir.lf!~~~~~~fl"lll*;;!H~bW~~~ " " PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, Made thiS-.J ~ and between RODNEY MillER, hereinafter referred MillER, hereinafter referred to as "Wife", day of w- ,2001, by to as "Husband", and DAWN WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 4, 1992; and WHEREAS, one child was born of this marriage, namely, Ryan Daniel Miller born on January 24, 1994; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, fully understand and agree that Wife is represented by Susan M. Seighman, Esquire and that Husband has the right to have the advice of independent counsel prior to the signing of this Agreement, and that by signing this Agreement, he recognizes that he fully understands the legal impact of this Agreement and waives his right to have the Agreement reviewed by an independent attorney of his choosing and further intends to be legally bound by the terms of this Agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, .intending to be legally bound and to legally bind their heirs, successors and assigns 'thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. PERSONAL RIGHTS: Each party shall be free from interference, authority_ and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary .-t ,~. . ~~ ,..,.,....,. f r to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on August 15, 1998 she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on August 15, 1998 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they do not have any outstanding marital debts and obligations that they incurred prior to the signing of this Agreement. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for ; himself or herself, and his or her heirs, legal representatives, executors, administrators . and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. :;~~:.""" ~.~~,-,.~-"",- ~,~ 7. DIVISION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in his/her possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or aher marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of . property. 8. PENSION AND RETIREMENT PLAN: Husband shall retain his pension with his employer, Coca-Cola, and Wife agrees to waive all of her right, title and interest to Husband's pension and to sign any and all documents necessary to enforce this provision. } ~--, - ...,. _ ,_~_ "" __' ,~~ r~ -- , ~ . Wife shall retain her pension with her employer, Allegheny Airlines, and Husband agrees to waive all of his right, title and interest to Wife's pension and to sign any and all documents necessary to enforce this provision. 9. MOTOR VEHICLES: The parties agree that the 1990 Ford pickup truck shall become the sole and exclusive property of Husband and that he shall be liable for payment on the loan with Members 1" Federal Credit Union, if any is still owed. Husband acknowledges that he will hold Wife harmless on said obligation and shall indemnify her from any and all claims or demands, which may be made by reason of said debt. 10. CUSTODY: The parties agree that custody of their minor son, Ryan Miller, born January 24, 1994, shall be as follows: Legal custody shall be shared among the parties. Physical custody shall be shared among the parties in accordance with the schedule set forth below. Mother shall have physical custody as follows: Every Wednesday and Thursday Every other Friday Father shall have physical custody as follows: Every Monday, Tuesday and Saturday Every other Friday The parties shall have vacation time that corresponds with such time allotted by their employer and during such time, the other party shall exercise physical custody of Ryan if Ryan is not accompanying the vacationing parent. The vacationing party is required to provide the other party with notice of the vacation period one month in advance. The vacation time may be exercised in consecutive days and weeks. '''~C~,~''_,~ ,~; c ., ~<~.,._,__ !'r--' ,-, The parties are encouraged to be flexi ble with the other party's schedule and mutually agree upon other periods of custody as may be necessary. During any period of custody, the parties shall not consume alcoholic beverages in the presence of Ryan that reaches the point of intoxication. 11. CHILD SUPPORT: The parties acknowledge that under the custodial arrangement agreed upon herein, they share legal and physical custody of their minor son, Ryan. The parties agree to equally share the cost of daycare, which cost is subject to change at any time. This obligation will continue while the parties equally share physical custody of Ryan and in the event that one party acquires primary physical custody, the expenditure for daycare will be decided by future agreement between the parties or the Domestic Relations Office. Any additional expenditures for Ryan's support or needs will be decided by future agreement between the parties or the Domestic Relations Office. Husband shall continue to provide health insurance for Ryan. 12. ALIMONY: Both parties acknowledge and agree that the provIsions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 13. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties ; are fair, adequate and satisfactory to them. Both parties agree to accept the provisions . set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. tj~ . ,." ~ ,. u, , ~- t_ ~-n 14. INCOME TAX EXEMPTIONS: Provided the existing custodial arrangement remains the same, the parties agree that they will alternate claiming Ryan as a dependent, beginning with Wife in 2001, provided that such claim meets the support requirements of the Internal Revenue Code. 15. WAIVERS OF CLAIMS AGAINST ESTATES: 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, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of 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 interests, rights and claims. 16. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301 (c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct thei filing of such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301 (c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, .judgment or decree of divorce, temporary, final or permanent, shall affect or modify the , financial terms of this Agreement. This Agreement shall be incorporated in but shall not . merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 17. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party ,>l;;4~".-_ 0 ,,~ . .. , _ _ ~!IJ-, ^."". ~ - -r -~, . breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 18. THIRD PARTY BENEFICIARIES: Husband and Wife agree. that it is not their intention in this Agreement that any other individuals, including their minor children, be third party beneficiaries of this Agreement at this time or at any time in the future. 19. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 20. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountant, certified public accountant, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by Wife's attorney. Further both parties hereby acknowledge that they have been advised to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity ,to seek independent tax advice. 21. VOLUNTARY EXECUTION: The Wife acknowledges that Susan M. Seighman, attorney, has acted as legal counsel to her in connection with the negotiation and preparation of this Property Settlement Agreement. The Husband acknowledges that, by copy of . this Agreement, he has been advised of his right to seek the advice of counsel of his , own choice in connection with any matter pertaining to this Agreement or the divorce . action filed by Wife. Upon that provision, Husband and Wife acknowledge and represent that the provisions of this are fully understood by both parties and each party acknowledges that the Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly and that it is not the result of any duress or undue influence; Husband further acknowledges that he had the opportunity to seek the advice of legal counsel for the purpose of having the legal effect of the provisions herein fully explained to him, and that if he chose not to seek such legal counsel, such action was taken by him voluntarily of his'own free will. '~:,!~ ~,~~- _~, ~_ _',' ''1" '_ 0__._< . ., 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. sea. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 23. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 24. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. .i'f;,:~, "", ,""'!""" , , [ "~', , ' . , 26. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties, 27. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 29. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. Witness \~k1 ~1~ Witness - W';~U"'" '_"', ~-- .,' .,- .0' ,. . 1 ,""~~Y , _. _ COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ SS: ~ , 2001, before me, a On this, the 1.;( IJ.. day of Notary Public, the undersigned officer, personally appeared DAWN MILLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~P~iiC~ Notarial Seal Jacquelyn A. Zettlemoyer, Notary Public Harrisburg. Dauphin County My Commission Expires Mar. 24, 2003 Member, Pennsylvania Association of Notaries 'i;1",",m_~____~, .., , ,. . . ? ,..e:~ ., '4-, :,'\ I.-'\.' . " COMMONWEALTH OF PENNSYLVANIA DAv(.'1f IN SS: COUNTY OF On this, the I;;J.., /:A day of tff~ , 2001, before me, a Notary Public, the undersigned officer, personally appeared RODNEY MILLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~a.~ Notary Public Notarial Seal Jacquelyn A Zettlemoyer, Notary Public Harnsburg, Dauphin County My Commission Expires Mar. 24, 2003 Member, Pennsylvama Assoclatton of Notaries ''C;lJ_ '., "', ,-<"., ---I'" ~~ * 0 0 0 c "" <~: c::> --' -u rrs n ~:;:2 f11 1'", -.... 7',.", ---;? ! '1 ~, <J:) :-,(J'.. ~~:::.- ('~-~ C_l ~~ -0 ,.,.-\ 3:: /~;,;2~ ::.:;:C) 5>'-) ~ Om c =;;! z :<! "" ::0 c.,:) '< i,j I , 'I n. '!l!:mlll~~~~l!i'IlJ!~,.,...,.'1'~~~ilil'l!ijil~%"'>Rl'f1r"I%l,,",,,,;'j;,,,!liBii1~-'f"~,"1~\'~;l!'"lI!f~.11','l!>r;!iWfiil(~~~w:w.j!i\i,,",;ljiJ1"~"1l!'iiffilli\!lf-">!Ii\!(-tt!JI: J{1-:':l i"L'-~'" t;;? , . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAWN MillER, v. : NO. 01-2121 Civil Term RODNEY MillER, Defendant CIVil ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail, Return Receipt Requested, Acceptance of Service signed April 24, 2001. 3. Date of execution of the affidavit of consent and waiver required by Section 3301 (c) of the Divorce Code: by Plaintiff: by Defendant: October 12,2001 October 12,2001 4. Related claims pending: None , ~j;)QY\ 1D . ~ Susan M. Seighman Attorney for Plaintiff Dated: October 15, 2001 t~,1J~ ,.,-- ~, - ,,",II _ . L~" , ". - . ~ ! I' il il 'I I, I Ii " I' i! i~ ~ II " I' " , II I: I' I! !: ii , " " !! iI i'l " " U i I' I [;1 !J I: [" I! ~;I 11 H .- .._. ~_ ,~I;\li1 'fflm ~___ Hl!I!_."T!. (') a 0 c -olJ3 ~n 0 ---I mrn M Ff~;~~ ~:r; -I ts~ \.0 :--~-~E9 ~E . l' "'D .-Tj~ ~o ~ ~~~ >8 '>? ofT! :z N ~ :< .;::- -< ~~~~~'LW!i'I;""-~I1ijl!""''''W"'~';;'l\!~!<TW~j~WJ~J!1,iI%(",.,."",:"""~1llm:~~!~~~"~~~ "_N\,"" , '" '" Of. Of. Of.Of.Of.,., ,., , , , , . ,., ,., ,., ,.,;t; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , , , , , , PENNA. STATE OF , , , DAWN MILLER, , , , , Plaintiff No. 01-2121 CIVIL TERM , VERSUS , , , RODNEY MILLER, , , , , , , , , , Defendant DECREE IN DIVORCE , , , , ~,}4 fit /:3 )lA . ~ ,IT IS ORDERED AND , AND NOW, , , DECREED THAT Dawn Miller , , AND Rodney Miller , , , , , , ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE ElEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . , , , , , , . , , , , . . , , , , , , . , , , , , AND IT IS FURTHER ORDERED, that the terms, conditions and , covenants set rorth ln the wrltten Property Settlement Agreement ' made and entered into by the parties on October 12, 2001, are (1,}t~ PROTHONOTARY . merged into this Decree. , , . . . . ,., '" "''''''''''''';t;:f.''' :f. :f.,.,,,, Of. "''''''':f. , ATTEST: . . . . . . 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