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Home My WebLink About01-04881 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. w,. JILL L. MILLER, VERSUS TIMOTHY W. POTTS, Plaintiff JILL L. MILLER N O. 01-4881 CIVIL TERM IN DIVORCE Defendant DECREE IN DIVORCE AND NOW, 1Y1 7_ ~I ~ ~ 66 IT IS ORDERED AND DECREED THAT AND TIMOTHY W. POTTS ARE DIVORCED FROM THE BOND5 OF MATRIMONY. ,PLAINTIFF, DEFENDANT, 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; NONE. The terms of the Property Settlement and Separation Agreement dated BY THE COURT: PROTHONOTARY April 23, 2002, are incorporated but not merged into this Decree in Divorce. y, 1 ,~ PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this ~ day of / 2002, BETWEEN TIMOTHY W. POTTS, of 18 Har-John Lane, Carlisle, Cumberland County, Pen sylvania, here' after re/ferre~d to/as Hu~/slband, AND JILL L. MILLER, of 1? ~ • ~ S~i ~ ~~SY~U~'C,~' ~/T Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been }oined in marriage on October 27, 1990, at Harrisburg, Pennsylvania, and having separated on or about July 28, 2001; and R.2: A Compiaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 01-4881 Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of counsel fees and costs, SAIDIS I. SHUFF, FLOWER & LINASAY ~'. ATiORNCY5•AT•GAW ~I 26 W. High Street Carlisle, PA and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and perFormed by each party, as well as for other z good and valuable consideration and intending to be legally bound, it is agreed as follows: {1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each parry shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate SAIDIS SHIJFF, FLOWER & LINDSAY ATTORTRYS~ATN.AW 2b W. High Street Carlisle, PA with improvements thereon erected and known and numbered as 18 Har-John Lane, Carlisle, Pennsylvania. Within forty-five (45) days of the date of this Agreement, Husband will refinance the marital home so that Wife is no longer liable on the mortgage. Wife will execute a special warranty deed transferring all her right, title and interest in the marital home to Husband upon execution of this Agreement, and the deed will be held in escrow by Husband's attorney pending the refinance. At the time a of refinance, Husband will pay to Wife $75,750.00 together with an additional payment as set out in Paragraph 6 below, which payment represents Wife's portion of the marital estate. Husband will pay the mortgage and home equity loan. Husband shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby shall hold Wife harmless and indemnify Wife from any loss on account of the marital home. (4) DEBT: A. MARTIAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are martial or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. CitiBank Credit Card -wife ii. ~S~LL( ~l c. Credit Card -husband iii. ~Sr/LLl i/isa Credit Card -joint 1: Husband shall pay the obligations on his own credit card and on the SAIDIS SHUF$ FLOWER & LINDSAY I ATfORNEYS•AT•WW 26 W. Hfgh Street Carlisle, PA joint credit card by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. 2: Wife shall pay the obligations to the CitiBank credit card by making timely monthly payments in at least the minimum amount required by the creditors 3 until paid in full. Each party shall pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on July 28, 2001, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debtor liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest ~ SAIDIS ~SII[TFF, FLOWER & LINDSAX 1 ATiORNEYS•AT•LAW ~~ 26 W. High Street Carlisle, PA he or she may have to any and all motor vehicles currently in possession of the other party. Within ten {10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Husband will retain the 1989 Honda Civic which he owned prior to his marriage, and the 1990 Ford Pickup. 4 i , Wife will retain the 1993 Mazda. None of these vehicles are liened. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools 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 property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. 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. Husband will retain a washing machine, and he will pay Wife $600.00 in consideration of his retaining said item of personal property within forty-five (45) days of the date of this Agreement. Notwithstanding the above, Wife shall have as her own separate SATDIS BHUFF, FLOWER & LINDSAY ATT(1RNCY5•AT•LAW 26 W. High Street Carlisle, PA property one of two pieces of art presently in the marital home, an abstract watercolor or an oil painting of a San Francisco lighthouse. Wife shall make her election and remove the piece of art of her choice within two weeks of the date of this agreement. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual s retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Wife acknowledges that she has received an advance in equitable distribution of $17,500.00. (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each SAIAIS SHUFF, FLOWER i & LINDSAY arroxNevs•nT•ww 26 W. High S[reet Carlisle, PA has been notified of his or her right to consult with counsel of his or her choice. Husband is represented by Carol J. Lindsay, Esquire and Wife is represented by William A. Fetterhoff, Esquire. Each party acknowledges and accepts that this agreement is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) 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. 6 (11) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (12) BANKRUPTCY: The parties hereby agree that the provisions of this SAIDIS ~~SHUFF, FLOWER '' & LINDSAY '. ATiY1RN~Y5•AT•LAW 26 W. Ntgh Street Carlisle, PA Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT; Except as herein otherwise provided, each party hereby releases the other firom any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically SAIDIS ;SNUFF, PLOWER & LINDSAY 26 W. High Street Carlisle, PA provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs,' representatives, assigns and estate, from and with respect to the following: e l A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out SAIDIS SI-IUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be 9 amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: in the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this SAIDIS SHUFF, FLOWER & LINDSAY ATfORNEYS•A7•LAW 26 W. High Street Carlisle, PA Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, io representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: __ } /.. .. tw-~ Timothy .Potts ~~~ ~~ Jill L. Miller SAIDIS SNUFF, FLOWER & LINDSAY ATiDIWEYS•AT•LAW 26 W. High Street Carlisle, PA 11 C:: .., ~! ~.'. ~ ~-~ `r' - i _i. .. .. F-?A$'iilRYj+'4~ P Nyi%-• ~, ~..iFCi(L§RY.~ ~'i T•."~i" 'i:"xf}.V!f~A"+F'.°'W\3 S.RUr'f.#:n~ JILL L. MILLER, Plaintiff, vs. TIMOTHY W. POTTS, Defendant. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 4881 CIVIL TERM 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: Ground for. divorce: irretrievable breakdown under Section 3301(c) 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff May 23, 2002; by the Defendant May 23, 2002 (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 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: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA (b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: JILL L. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY W. POTTS, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of mamage counselors is available in the Office of the Prothonotary at Office of the Prothonotary Cumberland County Courthouse 1 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013-3387 (717)249-3166 JILL L. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PE/N~NSYLVANIA TIMOTHY W. POTTS, IN DIVORCE. Defendant COMPLAINT IN DIVORCE The Plaintiff, Jill L. Miller, brings this action in divorce against the Defendant, Timothy W. Potts, upon a cause of action whereof the following is a statement: 1. Plaintiff is Jill Louise Miller, a citizen of Pennsylvania, residing at 18 Haz-John Lane, Carlisle, PA 17013. 2. Defendant is Timothy W. Potts, a citizen of Pennsylvania, residing at18 Haz-John Lane, Cazlisle, PA 17013. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaim. 4. The parties are husband and wife and were lawfully married on October 27, 1990. 5. The marriage is irretrievably broken. 6. Neither Plaintiffnor Defendant is in the military or naval services of the United States or its allies. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. There are no children born of this marriage. 9. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling and does not request same. (See Affidavit, attached.) COUNTI Request for a No-Fault Divorce under Section 3301(c) of the Divorce Code 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiffintends tofile anaffidavit consenting to a divorce. Plaintiffbelievesthgt Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce, pursuant to Section 3301(c) of the Divorce Code. C®UNT II Request for a No-Fault Divorce. under Section 3301(d) of the Divorce Code 12. The prior pazagraphs of this Complaint aze incorporated herein by reference thereto. 13. The parties have lived sepazate and apart since at least August 1, 2001. 14. At the time of hearing, Plaintiff may submit an affidavit that the parties have lived separate and apart for at least two (2) yeazs. WHEREFORE, Plaintiffrespectfullyregvests the Court to enter a decree of divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III Request for Equitable Distribution under Section 3502 of the Divorce Code 15. The prior pazagraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff and Defendant have acquired property both real and personal during their marriage, from October 27, 1990 until the time of their sepazation. 17. Plaintiff and Defendant may be unable to agree to an equitable distribution of said property. WHEREFORE, Plaintiff prays for the entry of an Order equitably distributing all of the aforementioned property. COUNT IV Rice ,oast for Counsel Fees and Costs under Sections 3701 and 3702 of the Divorce Code 18. The prior paragraphs of this Complaint aze incorporated herein by reference thereto. 19. Plaintiffhas employed Marilyn C. Zilli, Esq. of the law firm of Fetterhoffand Zilli, 200 North Third Street, Suite 800, Harrisburg, Pa. 17101 to represent her in this matrimonial cause. 20. Plaintiff requests a contribution from Defendant to pay the necessary counsel fees, costs and expenses of this litigation. 21. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to contribute to Plaintiffs reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that pursuant to Section 3702 ofthe Divorce Code, the Court enter an Order directing Defendant to contribute to Plaintiffs reasonable counsel fees, costs and expenses. COUNT V Request for Alimony Pendente Lite and Alimony Under Sections 3701 and 2702 of the Divorce Code 22. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 23. Plaintiff is unable to sustain herself during the course of this litigation. 24. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 25. Plaintiffrequiresreasonablesupport to adequately maintain herself in accordance with the standazd of living established during the marriage. 26. Plaintiff requests the Court to enter an award of alimony enp dente life until final hearing and thereafter to enter an Order of alimony in her favor, pursuant to Section 3701 and Section 3702 of the Divorce Code. Wf IEREFORE, Plaintiffrespectfully request the Court to enter an award of alimony pendente life until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to Section 3701 and Section 3702 of the Divorce Code. Respectfully submitted, 21C Marilyn C. Zilli ~ Attorney for Plaintiff 200 North Third Street Suite 800 Harrisburg, PA 17101 717-232-7722 I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, understanding, and belief. 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: ~ ~ ~ °~ ~ ~~ ~ 1 ~ Jill wse Miller `-~ JILL L. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. TIMOTHY W. POTTS, Defendant IN DIVORCE AFFIDAVIT OF COUNSELING I, Jill L. Miller, being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of mamage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling pnor to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of I8 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: ~ _ (lV '- `~ 1 ~ I ~ , l .Miller CERTIFICATE OF SERVICE A true and correct copy ofthe foregoing document was delivered to the person(s) or office(s) listed below by certified mail, receipt requested on the date indicated, as follows: Mr. Timothy W. Potts 7000 0600 0028 3157 6357 18 Har-John Lane Carlisle, PA 17013 Dater ( `v Marilyn C. Zilli, Esqu' 200 North Third Street Suite 800 Harrisburg, PA 17101 (717)232-7722 N 1 J ~~ ~ o C c ~ ~~ ,~ ~ ~, ~ ~'2 ~c ~J _C f'r';;: !? " L ____ G ~; y~. :::'. L_i `'i ~I r ~. JILL L. MILLER, THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 4881 CIVIL TERM CIVIL ACTION -LAW TIMOTHY W. POTTS, Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 20, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit 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. 4904 relating to unsworn falsification to authorities. Timothy W.~otts, Defendant Date: ~ y- z-3 -0Z SAIDIS SHUFF, FLOWER & LINDSAY ATIt]RI~YS•AT•LAW 26 W. High Street Carlisle, PA .. ti JILL L. MILLER, THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 4881 CIVIL TERM CIVIL ACTION -LAW TIMOTHY W. POTTS, Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(~ OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. SAIDIS SHUF$ FLOWER & LINDSAY ATI'URNEYS•AT•LAW 26 W. High Street Carlisle, PA 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 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. 4904 relating to unsworn falsification to authorities. r <-~ ~ > C . F'v ~~ r~' - __ ,ir L/ I~ V _, _ ~.. '- (1; -G ~''~~, t `lY/ JILL L. MILLER, THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 4881 CIVIL TERM CIVIL ACTION-LAW TIMOTHY W. POTTS, Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on August 20, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit 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. 4904 relating to unsworn falsification to authorities. . / ~ Jill L. filler, Plaintiff Date: ~/zz U~-- T SAIDIS SHUF$ FLOWER & LINDSAY ATTORM:YS•AT•LAW 26 W. High Stree[ Carlisle, PA JILL L. MILLER, Plaintiff, vs. TIMOTHY W. POTTS, Defendant. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 4881 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301L) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. SAIDIS SHiIFF, FLOWER & LINDSAY ATTORI~YS•AT•LAW 2G W. High Street Carlisle, PA 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 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. 4904 relating to unsworn falsification to authorities. ~ ~~ Jill L. Miller, Plaintiff Date: ZI/zz/ p-z- -, =< ~ _- p .; - h~T L:" A '>_" Y _ _ ' ~.3 ~+ - , ~ k` .. _l_ -,.} '~-~ ~ ~, c f~(~. ~~~ e JILL L. MILLER, THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 4881 CIVIL TERM CIVIL ACTION -LAW TIMOTHY W. POTTS, Defendant. IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce filed August 20, 2001, on behalf of the Defendant, Timothy W. Potts, and acknowledge that I am authorized to do so in the above captioned matter SAIDIS, SHIIFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: C of J. Lindsay,~Esl ID 44693 West High Street Carlisle, PA 17013 (717)243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATTORN6YS•AT•LAW 26 W. High Street Carlisle, PA Date: ~ ~ Z pU SHERIFF'S RETURN- OUT OF COUNTY CASE $TO: 2001-04481 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCNAIR DEANNA J VS SUTHERLAND JOHN C ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDP.NT to wit: SUTHERLAND JOHN C but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CAMBRIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 4th 2001 this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: So answe Docketing 18.00 - Out of County 9.00 ~~~ Surcharge 10.00 R. homas Kline' Dep Cambria Co. 39.25 Sheriff of Cumberland County nn /VLJ 09/04/2001 HANDLER HENNING & ROSENBERG Sworn and subscribed to before me this !~~ day of oZ.try/ A.D. ~~~`~_ n. 0.. ~ Prothonota- SHERIFF'S RETURN - OUT OF COUNTY CASE }QO: 2001-04481 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCNAIR DEANNA J VS SUTHERLAND JOHN C ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT KAPRICORN SYSTEMS INC but was unable to locate Them .00 16.00 09/04/2001 HANDLER HENNING & ROSENBERG deputized the sheriff of CAMBRIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 4th 2001 this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing Out of County Surcharge Sworn and subscribed to before me this ~_ day of /„ J JMS/ A . D . ~ n ,r~ _ ~ ~~~~rothonot r to wit: in his bailiwick. He therefore So answe 6.00 .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County CASE # PLAINTIFF 90212-01 MCNAIR, DEANNA DATE 8/23/01 DEFENDANT SUTHERLAND, JOHN 2001-4481 NOT FOUND AS TO THE WITHIN NAMED DEFENDANTS KAPRICORN SYSTEMS INC. AND JOHN C. SUTHERLAND BY BOB KOLAR, SHERIFF OF CAMBRIA CO. PA. AT 116 DONALD LANE JOHNSTOWN, CAMBRIA CO. PA. DEFENDANTS MOVED. MY COSTS PAID BY ATTORNEY FOR PLAINTIFF. SHERIFF COSTS 36.25 PRO 3.@0 TOTAL COSTS 39.25 50 A~~S, J /~~/(/ BOB KOLAR, SHERIFF SWORH AMD SUB5CRIBED TO BEFORE ME THIS 27TH DAY OF AUG. 01. PROTHONATARY_ _yawe 4...:naEEn:~te'RF 9£*sm.'ii- =~4' ~A ~'.Y K / au.'.a~4F]Fkti 'tp'~a~,~ ~ _ . ~rwz~ .4 s. a~~ In The Court ®f C®anan®n Pleas of Cuanberland County, Pennsylvania Deanna J. McNair VS. John C. Sutherland et al SERVE: Kapricorn $ystens, Inc. No. O1 4487 ;v;1 Now, July 26, 2001 I, SHERIFF OF CUIvIBERLAND COUNTY, PA, do hereby deputize the Sheriff of Cambria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ' ~~ Sheriff of Cumberland County, PA Afffidavit ®f Service Now, within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 20, at o'clock copy of the original M. served the the contents thereof.. COSTS SERVICE $ MII.,EAGE AFFIDAVIT County, PA ul. ~,'. _ ~ ~11: , Now July 26, 2001 hereby deputize the Sheriff of I, SHERIFF OF CUMFERLAND COUNTY, PA, do Cambria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Now, within upon at by handing to , a alid made known to 20, at o'clock M. served the copy of the original So answers, Sheriff of Sworn and subscribed before me this _ day of , 20 COSTS SERVICE $ MII.,EACrE AFFIDAVIT Sheriff of Cumberland County, PA AgdI~~YPt b~ S~1'Vl~~ the contents thereof. County, PA °T ~~' ~F~ ~'~~ ~,~``, Commonwealth of Pennsylvania County of Cumberland DEANNA J. MCNAIR VS. JOHN C. SUTHERLAPID 1104 KEGG AVENUE JOHNSTOWN, PA 15904 Court of Conunon Pleas KAPRICORN SYSTEMS INC. No Ol_ 4481_ CIVIL TERM __ 116 DONALD LAi~ JOIIIVS'I'OWN, PA In ________ Ciyil Action_ _ Law _ John C. Sutherland and Kapricorn Systems, Inc. To --------------~------------------------------ You are hereby notified that -----JZeanna_J,_McN~.ir------------------- the Plaintiff has commenced an action in _________C.isil_AGt19I1= _~1at1__________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) -------- Chrtis_R _ Long---------------------- Prothonotary Date _-- July 24,-?001 !~ --------------- Deputy H~xro~ ~ O a~ O o C ~~rp. ~m C W x o . ' c ~H H i ~o~ ~m o y "' ~ rr m ' `~ ~ o ~~ ~ 1 ~ ~ ~ i H t9 H ~ J I~ 1 J °__Vt~ 9 f~.~i et`_I J~~~~J p~ 4 F-' ~^ C.i N 4 ( t.,~?~d ~?~'~~~.~.~ ~ +r x O 0 0 i a n c m 3 1+ ~~,1'.~ 6~ ~ ~Z.i~~~~.- ,, ~.~~ ~ , - , raga _, djG!l3~~ '' - ~- ~ ~ ~~ ~: _ .~ ~ .~ __..~,m...m,.~.~e.~,~.~~~:xaeeme~ aw~w~~~ r'Fe. 6afW.~r1~"lIe O r O N O N rn H ~rG' ~ ( A ~g~ ~~~ v m i ~~ ~ m~ ~m ~ 0 H n Commonwealth of Pennsylvania County of Cumberland DEANNA J. MCNAIR VS. JOHN C. SUTHERLAND 1104 KEGG AVf~V[JE JOI-II~IS'P(7~dN, PA 15904 Court of Conunon Pleas KAPRICORN SYSTEMS INC. No. _:_____ 01-4481 CIVIL TEIdri____ 116 DONALD TnNF JOHNSTOWN, PA In ________ Ciyil Action_ =Law ______________ John C. Sutherland and Kapricorn Systsns, Inc. To --------------------------------------------- You are hereby notified that ----J2eacula_J,_J~cNs~,ix------------------------------------------------------------------------ the Plaintif[ has commenced an action in _______-__Cizil_Aat 1971_=_I,i3k3_________________________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) •-------Chrtis_R: Long--------------------- Prothonotaty Date _-- July 24,_ 2001 __________ __~ v C - - Deputy - - ------ ~~ x r-i ~ ro W ~ ~ ~ c, r ` c+ r ca p ~ ~~ O oC ' d i 0 ~ + , O r~ tr'rn O r0 tr'o~ ~ q7 CZ CP ~ N [J~ N ~G ~ + ~~~k ~ Qrt O~ ~ rt~n ' ~ N i C ~a x O N H rlil ~ (/~ ' i g ~ p a a 2 ~ W Uf ~O ~ ~~ O rtN ~ 1 ~ ~ W ~ C ro I1 ( I D ~ ~ ~ i N ~ ~ ~ ~ + ~ ~ ~ r N ~ ' o o W ' ' p. ~a a ~ ~ ~ i r, m + ~ ~ + + i i ~ + ~ ~ i i + + + i i + i i i + r + 1 + + F ~.. ~, n ~~i_;a~~ti`~ ~'II~e;,A,~ ' ~,h~p?~d 11 t1R 3 ^~~.~ -'.. ..~ z 0 O O I .P .P W r n C m r + + 1 +