HomeMy WebLinkAbout01-122 FX
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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PENNA.
STATE OF
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MARTIN H. MILLER
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No. 01-7122
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VERSUS
CAROLEE MILLER
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DECREE IN
DIVORCE
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AND NOW, hI ~.
, IT IS ORDERED AND
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DECREED THAT
MARTIN H. MILLER
, PLAINTIFF,
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CAROLEE MILLER
, DEFENDANT,
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AND
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. ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF REC'i'~N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED: ~~O
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A Marital Settlement Agreement dated November 5, 2003 is hereby incorporated
but not merged into this decree.
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PROTHONOTARY
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F: \FILES\DA TAFlLE\General\Documenls\1 0514-1. prafjlb
Created: 11/13/03 1l:37AM
Revised: 11/13/03 0:29PM
MARTIN H. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-7122
CAROLEE MILLER,
Defendant
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 33019c) ofthe Divorce
Code.
2. Date and manner of service of the complaint: See Affidavit of Service, as filed.
3. Date of execution of the Plaintiff s affidavit of consent required by Section 3301 (c)
of the Divorce Code; October 14, 2003; by the Defendant; November 5, 2003.
4. Related claims pending: None.
5. Date Plaintiffs Waiver of Notice III 93301(c) Divorce was filed with the
Prothonotary: October 17, 2003.
6. Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with the
Prothonotary: November 5, 2003.
MARTS ON DEARDORFF WILLIAMS & OTTO
By'-~~~Je~
Thomas J. Willi s EsqUIre
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Date: November 14, 2003
Attorneys for Plaintiff
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Crealed; OI/1919512,08:35PM
Revised: IOfl4/0308:31:28AM
MARTIN H. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-7122
CAROLEE MILLER,
Defendant
IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
This Agreement, made this [;M day of /Vov.e..V>..b~, 2003, by and between
MARTIN H. MILLER, of2312 Walnut Bottom Road, Pennsylvania, (hereinafter referred to as
"Husband") and CAROLEE MILLER of297 Mohawk Road, Newville, Pennsylvania, (hereinafter
referred to as "Wife").
WHEREAS, the parties hereto are Husband and Wife, having been married on March 4, 1978
in Newville, Pennsylvania; and
WHEREAS, difficulties have arisen between the parties as a result of which they now desire
to live separate and apart and by this Agreement, to settle all financial and property rights between
them; and
WHEREAS, this Agreement is being made in full and final settlement the above captioned
divorce action being filed concurrently with the execution hereof; and
WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain
independent legal advice of counsel of their selection, and that before signing this Agreement, each
has either been fully advised by counsel of their rights and obligations under the law and this
Agreement, or else have waived their right to legal advice. Each party hereby confIrms that he or
she has read carefully and fully understands the terms, conditions and provisions of this Agreement
and believes same to be fair, just, adequate and reasonable under the existing facts and
circumstances. The parties further declare that each is executing the Agreement freely and
voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and
WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement
they have been fully advised by their respective counsel of their rights and obligations, have read
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carefully and understand the terms of this Agreement, and have freely consented to this Agreement,
believing it to be fair, just and equitable; and
WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all
property which would be considered "marital property" under the Pennsylvania Divorce Reform Act,
whether titled or owned separately or jointly as well as the value and extent ofnonmarital property
held or expected to be held by each other.
NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth
herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows:
1. SEPARATION:
Husband and Wife shall be free from constraint or control by the other as fully as ifhe or she
were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any
person for associating with the other.
2. RELEASE:
Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes
her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents,
for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit
claim and forever discharge the other party hereto, his or her heirs, executors, administrators or
assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits
at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted
or suffered to be done by said other party prior to and including the date hereof; further, the parties
acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically
incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this
paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations
and promises made and imposed by reason of this Agreement and shall in no way affect any causes
of action in absolute divorce which either party may have against the other.
3. DIVORCE:
Both parties agree to conclude a no-fault divorce under Section 3301 (c) of the Pennsylvania
Divorce Code filed in the Court of Common Please of Cumberland County, No. 01-7122 and, in
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connection therewith, to execute and acknowledge whatever consents or other documents that are
necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The
terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may
be entered with respect to the parties, and the court shall retain continuing jurisdiction over the
parties and the subject matter of this Agreement for the purpose of enforcement of any of the
provisions hereof
4. DEBTS:
Both parties agree that, in the future, neither shall cause or permit to be charged to or against
the other any purchase or purchases which either of them may hereafter make and shall not hereafter
create any engagements, debts or obligations in the name of or against each other. Except as
specifically provided herein, each agrees to hold the other free and harmless from any and all debts
and other obligations which he or she may have incurred since the date ofthe separation and agrees
to indemnifY and defend the other party from any claim regarding same.
5. PERSONAL PROPERTY:
A. AUTOMOBILES:
Each party shall enjoy exclusive possession of the vehicle in their possession. Each party
shall be solely responsible for any debts pertaining to his or her said vehicle and shall indemnifY,
defend and hold the other harmless from any claim with respect thereto. If there are any liens
outstanding, the parties shall remove the name of the other from the title as soon as it is available to
do so.
B. OTHER PERSONAL PROPERTY:
Except as stated below, the parties have heretofore divided the property, both real and
personal, which they owned either together or separately and such division and apportionment is
hereby confirmed.
6. MARITAL RESIDENCE:
Concurrent with the execution of this Agreement, Wife will execute a deed transferring all
of her right, title and interest of the marital residence located at 2312 Walnut Bottom Road
,
Cumberland County, Pennsylvania to Husband in a form satisfactory to Husband's mortgage
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company. The deed shall be held in escrow by Jane Adams, Esquire and tendered to Thomas J.
Williams, Esquire upon receipt of the payment referred to in Section 7 hereof. Husband shall be
solely responsible for all expenses, taxes insurance, upkeep and any other expense connected with
the marital residence, as well as M&T Home Equity Loan on the marital residence. Husband shall
indenmifY, defend and hold Wife harmless with regard to any claims arising out of the marital
residence. Husband agrees to refinance the marital residence as soon as practical thereby removing
Wife's name from both the first and second mortgages.
7, CASH:
Husband shall pay to Wife the sum of $15,000.00 upon the refinancing of the marital
residence or ninety (90) days, whichever first occurs.
8, ENFORCEMENT:
If either party defaults in the due performance of any of the terms, conditions and covenants
of this Agreement on his or her part to be performed, the non-defaulting party shall have the right
to sue for specific performance or damages for the breach of this Agreement, and the defaulting party
shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's
attorney in any action or proceeding to compel the defaulting party's due performance hereunder as
well as costs for bringing the action or proceeding. If either party challenges the validity of this
Agreement and the challenge is not successful, the challenging party shall similarly reimburse the
defending party for all expenses and losses incurred in the defense.
9. ALIMONY AND SUPPORT:
Except as otherwise provided herein, both parties hereby waive, release and give up any
rights which either may have against the other to receive spousal support, alimony, alimony pendente
lite, or expenses. From the execution date of this Agreement, it shall be the sole responsibility of
each party to sustain himself or herself without seeking any economic support from the other.
10. EXECUTION OF DOCUMENTS:
The parties agree to execute all documents that are reasonably necessary to effectuate the
purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or
acknowledge any such document, then the other party shall have, and is hereby granted, the right and
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power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact
for the other party to so execute and acknowledge such documents.
11. CONTRACT INTERPRETATION:
For purposes of contract interpretation and for the purpose of resolving any ambiguity
herein, Husband and Wife agree that this Agreement was prepared jointly by their respective
attorneys.
12. AFTER-ACQUIRED PROPERTY:
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the
other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has
been acquired by him or her after the date of separation, with full power in him or her to dispose of
the same as fully and effectively, in all respects and for all purposes, as though he or she were
unmarried.
13. ADDRESS AND TELEPHONE NUMBER OF PARTIES:
As long as any obligations remain to be performed pursuant to the provisions of this
Agreement, each party shall have the affirmative obligation to keep the other informed of his or her
residence address and telephone number, and shall promptly notify the other in writing of any change
of address by giving the new residence address and telephone number.
14. MISCELLANEOUS:
A. This Agreement constitutes the entire agreement between the parties, being the final
and complete settlement of all matters between them and supersedes any prior written or oral
agreements between them respecting the within subject matter. There are no representations,
agreements, arrangements or understandings, oral or written, between and among the parties hereto
relating to the subject matter of this Agreement which are not fully expressed herein.
B. This Agreement may not be amended, modified, altered or revoked except in writing
executed by both the parties hereto.
C. This Agreement may not be assigned by either party without the prior written consent
ofthe other party.
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D. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original for all purposes, and all of which together shall constitute one and the same
instrument.
E. This Agreement shall be binding upon the parties hereto, their heirs, executors,
administrators and assigns.
F. This Agreement shall be interpreted under the laws of the Commonwealth of
Pennsylvania in effect as of the execution date of this Agreement.
G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall
be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a
reference to the Court of Common Pleas of Cumberland County, Pennsylvania.
H. The failure to strictly enforce anypart ofthis Agreement shall not be deemed a waiver
thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part
of this Agreement.
I. All payments or communications pertaining to matters provided for in this Agreement
may be made or given if delivered or mailed to a party, at such address as either party shall designate
to the other in writing from time to time, or, ifno such designation is made, then to the address as
set forth above.
J. Titles are for convenience and ease of reference only and are not to be considered part
of the Agreement for purposes of interpretation.
K. The term of this Agreement shall continue indefinitely from the effective date hereof
and shall, to the extent possible, survive any future reconciliation of the parties unless they
specifically provide otherwise in writing.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written, intending to be legally bound hereby.
Witness:
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Martin H. Miller
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Caro ee Miller
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COMMONWEALTH OF PENNSYLVANIA )
:SS
COUNTY OF CUMBERLAND )
On this, the t4#day of(!)~, 2003 , before me, the undersigned officer, personally
appeared Martin H. Miller, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(SEAL)
NOTARIAL SEAL
CORRINE L. MYERS. NOTARY PUBLIC
CARLISLE BORO, COUNTY OF CUMBERLAND
MY COMMISSION EXPIRES MAY 27, 2007
COMMONWEALTH OF PENNSYLVANIA )
:SS
COUNTY OF CUMBERLAND )
On this, the 6ft day of /U~, 2003, before me, the undersigned officer, personally
appeared Carolee Miller, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I
set my hand and official seal.
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NOTARIAl. SEAl
JANE E. ADAMS, Now! Fij!llie
CarllllIe !:lOrtl, CUll1be!ll!roll c,,"llIlIY
My eommlssiOO Exjllros ~ 6. 2004
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F:\FILES\DA T AFILEIGendoc.cur\10514-dcom_l/tde
Created: 12/13/0111:38:36AM
Revised: 12113f0111:42:47AM
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01- t:{1~
MARTIN H. MILLER,
Plaintiff
CAROLEE MILLER,
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 the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a
convenience to you and you are not bound to choose a counselor from the list. All necessary
arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you
desire to pursue counseling, you must make your request for counseling within twenty (20) days of
the date on which you receive this notice. Failure to do so will constitute a waiver of your right to
request counseling.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DNORCE OR
ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT 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
Telephone (717) 249-3166
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MARTIN H. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01- '1/;)~
CAROLEE MILLER,
Defendant
IN DNORCE
COMPLAINT
1. Plaintiff is Martin H. Miller, who currently resides at 2312 Walnut Bottom Road,
Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Carolee Miller, who currently resides 297 Mohawk Road, Newville,
Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on March 4, 1978 in Newville,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiffhas been advised that counseling is available and that Plaintiff may have the
right to request that the court require the parties to participate in counseling.
8. Plaintiff requests the Court to enter a decree of divorce.
MARTS ON DEARDORFF WILLIAMS & OTTO
By --r
Thomas J. Wi1 .' s, Esquire
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
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Date: December jL, 2001
Attorneys for Plaintiff
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VERIFICATION
The foregoing Divorce Complaint is based upon information which has been gathered by my
counsel in the preparation of the lawsuit. The language of the document is that of counsel and not
my own. I have read the document and to the extent that it is based upon information which I have
given to my counsel, it is true and correct to the best of my knowledge, information and belief. To
the extent that the content of the document is that of counsel, I have relied upon counsel in making
this verification.
This statement and verification are made subject to the penalties of18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
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Martin H. Miller
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Created: J2I13/0111:38:36AM
Revised: 01/04/oiol:14:56PM
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.01-7/Z.Z.
MARTIN H. MILLER,
Plaintiff
CAROLEE MILLER,
Defendant
IN DIVORCE
AFFIDA VII OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND )
I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Carolee
Miller at 297 Mohawk Road, Newville, P A 17241 on December 21,2001 by certified mail, restricted
delivery, retum receipt requested.
Attached is the Post Office return receipt signed "Carolee Miller" and dated December 24, 2001
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Thomas J. Will ms, EsqUlre
Sworn to and subscribed
before me this 4th day of
Jmwry, '!'J2/J ~ /
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NOTARIAL SEAL
TRICIA D. ECKENROAD, NQtary Public
Carlisle Bora., Cumberland County
M mis . 3 2.004
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. Print your name-"and address on the reverse
so that W!I cen return the cerd to you.
. Attach th(~ card to the back of the mallpiece,
or Qn:the:fr0nt if space permits.
D. Is
If YES, enter delivery address ~elow:
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MARTIN H. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-7122
CAROLEE MILLER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1.
20, 2001.
A Complaint in Divorce nnder ~ 3301 ( c) of the Divorce Code was filed on December
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
1B301(c) AND & 3301 (d) OF THE DIVORCE CODE
1. I consent to the entry of a fmal decree of divorce without notice.
) 2. I nnderstand that I may lose rights concerning alimony, division of property, lawyers
fees or expenses if! 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 and waiver 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: 10- ['1 -0;'
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Martin H. Miller, Plaintiff
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Created: 12/13/0111:38:36AM
Revised lO/1610309:37:10AM
MARTIN H. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-7122
CAROLEE MILLER,
Defendant
IN DNORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 9 330 1 (c) of the Divorce Code was filed on December
20,2001. I acknowledge receiving a true and correct copy ofthe Divorce Complaint, said copy
being served upon me by Certified Mail, Restricted Delivery, on December 24, 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 of divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses in do not claim them before a divorce is granted.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
li330Hc) AND Ii 330Hd) 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, lawyers
fees or expenses in 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 and waiver 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:
\l-S- 03
Q ~J 1\1 JJ0
Carolee Miller, Defendant '-'
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R""iscd' 10/14/0308:31,28AM
MARTIN H. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLV ANIA
v.
NO. 01-7122
CAROLEE MILLER,
Defendant
IN DNORCE
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MARITAL SETTLEMENT AGREEMENT t;: ,,~!
This Agreement, made thi{;n day of "?7~...e., , 2003, b~d b~~een\bl\
(;'1.,r:~, c, ,.- ) ,-'-)
MARTIN H. MILLER, of2312 Walnut Bottom Road, Pennsylvania, (hereinafter ~ed~9 as'/:;'
)> \.-.. =i:~ '.:.?_ C)
"Husband") and CAROLEE MILLER of297 Mohawk Road, Newville, PennsYlvania~ei~er:_{n
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referred to as "Wife"). ~ 1'-'> ::::::.
WHEREAS, the parties hereto are Husband and Wife, having been married on March 4, 1978
in Newville, Pennsylvania; and
WHEREAS, difficulties have arisen between the parties as a result of which they now desire
to live separate and apart and by this Agreement, to settle all financial and property rights between
them; and
WHEREAS, this Agreement is being made in full and final settlement the above captioned
divorce action being filed concurrently with the execution hereof; and
WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain
independent legal advice of counsel of their selection, and that before signing this Agreement, each
has either been fully advised by counsel of their rights and obligations under the law and this
Agreement, or else have waived their right to legal advice. Each party hereby confinns that he or
she has read carefully and fully understands the terms, conditions and provisions of this Agreement
and believes same to be fair, just, adequate and reasonable under the existing facts and
circumstances. The parties further declare that each is executing the Agreement freely and
voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and
WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement
they have been fully advised by their respective counsel of their rights and obligations, have read
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carefully and understand the terms ofthis Agreement, and have freely consented to this Agreement,
believing it to be fair, just and equitable; and
WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all
property which would be considered "marital property" under the Pennsylvania Divorce Reform Act,
whether titled or owned separately or jointly as well as the value and extent ofnonmarital property
held or expected to be held by each other.
NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth
herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows:
1. SEPARATION:
Husband and Wife shall be free from constraint or control by the other as fully as ifhe or she
were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any
person for associating with the other.
2. RELEASE:
Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes
her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents,
for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit
claim and forever discharge the other party hereto, his or her heirs, executors, administrators or
assigns, or any of them, of any and all claims, demands, damages, actions, causes of actIon or suits
at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted
or suffered to be done by said other party prior to and including the date hereof; further, the parties
acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically
incorporated herein are hereby expressly waived. Notwithstanding the foregoing languflge of this
paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations
and promises made and imposed by reason of this Agreement and shall in no way affect !my causes
of action in absolute divorce which either party may have against the other.
3. DIVORCE:
Both parties agree to conclude a no-fault divorce under Section 3301 (c) of the Pennsylvania
Divorce Code filed in the Court of Common Please of Cumberland County, No. 01-7122 and, in
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connection therewith, to execute and acknowledge whatever consents or other documents that are
necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The
terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may
be entered with respect to the parties, and the court shall retain continuing jurisdiction over the
parties and the subject matter of this Agreement for the purpose of enforcement of any of the
provisions hereof.
4. DEBTS:
Both parties agree that, in the future, neither shall cause or permit to be charged to or against
the other any purchase or purchases which either of them may hereafter make and shall not hereafter
create any engagements, debts or obligations in the name of or against each other. Except as
specifically provided herein, each agrees to hold the other free and harmless from any and all debts
and other obligations which he or she may have incurred since the date of the separation and agrees
to indemnify and defend the other party from any claim regarding same.
5. PERSONAL PROPERTY:
A. AUTOMOBILES:
Each party shall enjoy exclusive possession of the vehicle in their possession. Each party
shall be solely responsible for any debts pertaining to his or her said vehicle and shall indemnify,
defend and hold the other harmless from any claim with respect thereto. If there are any liens
outstanding, the parties shall remove the name of the other from the title as soon as it is ava:ilable to
do so.
B. OTHER PERSONAL PROPERTY:
Except as stated below, the parties have heretofore divided the property, both real and
personal, which they owned either together or separately and such division and apportionment is
hereby confirmed.
6. MARITAL RESIDENCE:
Concurrent with the execution of this Agreement, Wife will execute a deed transferring all
of her right, title and interest of the marital residence located at 2312 Walnut Bottom Road
,
Cumberland County, Pennsylvania to Husband in a form satisfactory to Husband's mortgage
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company. The deed shall be held in escrow by Jane Adams, Esquire and tendered to Thomas J.
Williams, Esquire upon receipt of the payment referred to in Section 7 hereof. Husband shall be
solely responsible for all expenses, taxes insurance, upkeep and any other expense connected with
the marital residence, as well as M&T Home Equity Loan on the marital residence. Husband shall
indemnify, defend and hold Wife harmless with regard to any claims arising out of the marital
residence. Husband agrees to refinance the marital residence as soon as practical thereby removing
Wife's name from both the first and second mortgages.
7. CASH:
Husband shall pay to Wife the sum of $15,000.00 upon the refinancing of the marital
residence or ninety (90) days, whichever first occurs.
8. ENFORCEMENT:
If either party defaults in the due performance of any of the terms, conditions and covenants
of this Agreement on his or her part to be performed, the non-defaulting party shall have the right
to sue for specific performance or damages for the breach of this Agreement, and the defaulting party
shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's
attorney in any action or proceeding to compel the defaulting party's due performance hereunder as
well as costs for bringing the action or proceeding. If either party challenges the validity of this
Agreement and the challenge is not successful, the challenging party shall similarly reimburse the
defending party for all expenses and losses incurred in the defense.
9. ALIMONY AND SUPPORT:
Except as otherwise provided herein, both parties hereby waive, release and give up any
rights which either may have against the other to receive spousal support, alimony, alimony pendente
lite, or expenses. From the execution date of this Agreement, it shall be the sole responsibility of
each party to sustain himself or herself without seeking any economic support from the other.
10. EXECUTION OF DOCUMENTS:
The parties agree to execute all documents that are reasonably necessary to effectuate the
purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or
acknowledge any such document, then the other party shall have, and is hereby granted, the right and
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power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact
for the other party to so execute and acknowledge such documents.
11. CONTRACT INTERPRETATION:
For purposes of contract interpretation and for the purpose of resolving any ambiguity
herein, Husband and Wife agree that this Agreement was prepared jointly by their respective
attorneys.
12. AFTER-ACQUIRED PROPERTY:
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the
other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has
been acquired by him or her after the date of separation, with full power in him or her to dispose of
the same as fully and effectively, in all respects and for all purposes, as though he or she were
unmarried.
13. ADDRESS AND TELEPHONE NUMBER OF PARTIES:
As long as any obligations remain to be performed pursuant to the provisions of this
Agreement, each party shall have the affirmative obligation to keep the other informed of his or her
residence address and telephone number, and shall promptly notif'y the other in writing of any change
of address by giving the new residence address and telephone number.
14. MISCELLANEOUS:
A. This Agreement constitutes the entire agreement between the parties, being the final
and complete settlement of all matters between them and supersedes any prior written or oral
agreements between them respecting the within subject matter. There are no representations,
agreements, arrangements or understandings, oral or written, between and among the parties hereto
relating to the subject matter of this Agreement which are not fully expressed herein.
B. This Agreement may not be amended, modified, altered or revoked except in writing
executed by both the parties hereto.
C. This Agreement may not be assigued by either party without the prior written consent
of the other party.
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D. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original for all purposes, and all of which together shall constitute one and the same
instrument.
E. This Agreement shall be binding upon the parties hereto, their heirs, executors,
administrators and assigns.
F. This Agreement shall be interpreted under the laws of the Commonwealth of
Pennsylvania in effect as of the execution date of this Agreement.
G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall
be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a
reference to the Court of Common Pleas of Cumberland County, Pennsylvania.
H. The failure to strictly enforce any part of this Agreement shall not be deemed a waiver
thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part
of this Agreement.
I. All payments or communications pertaining to matters provided for in this Agreement
may be made or given if delivered or mailed to a party, at such address as either party shall designate
to the other in writing from time to time, or, if no such designation is made, then to the address as.
set forth above.
J. Titles are for convenience and ease of reference only and are not to be considered part
of the Agreement for purposes of interpretation.
K. The term of this Agreement shall continue indefinitely from the effective date hereof
and shall, to the extent possible, survive any future reconciliation of the parties unless they.
specifically provide otherwise in writing.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written, intending to be legally bound hereby.
Witness:
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Martin H. Miller
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Carolee Miller I.
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COMMONWEALTH OF PENNSYLVANIA)
:SS
COUNTY OF CUMBERLAND )
On this, the I J-/ -k'day of D.;[,rv-(>~, 2003 , before me, the undersigned officer, personally
appeared Martin H. Miller, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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(SEAL)
NOTARIAL SEAL
CORRINE L. MYERS. NOTARY PUBLIC
CARLISLE BORO, COUNTY OF CUMBERLAND
MY COMMISSION EXPIRES MAY 27.2007
COMMONWEALTH OF PENNSYLVANIA )
:SS
COUNTY OF CUMBERLAND )
On this, the6 ~ay of?"JJ~, 2003, before me, the undersigned officer, personally
appeared Carolee Miller, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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F:\FILESIDA T AF1LE\Genera1lDocument Archive\GENDDC02\1 0514-div.conltde
Created: 12l13/0111;38:36AM
Revist:d: 10/16/03 09:37:10 AM
MARTIN H. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-7122
CAROLEE MILLER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 9 3301 (c) of the Divorce Code was filed on December
20,2001. I acknowledge receiving a true and correct copy of the Divorce Complaint, said copy
being served upon me by Certified Mail, Restricted Delivery, on December 24, 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 of divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~330Hc) AND & 330Hd) OF THE DIVORCE CODE
1. I consent to the entry of a [mal decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyers
fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced untiLa 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 and waiver are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904
relating to unswom falsification to authorities.
Date:
\\-5,03
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Carolee Miller, Defendant '---'
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MARTIN H. MILLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO()l-)/~~ CIVIL ACTION LAW
CAROLEE MILLER : IN DIVORCE
Defendant
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.
Where 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 at the Office of the Prothonotary, Cumberland County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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, Pa. 17013
(717) 249-3166
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MARTIN H. MILLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 01-71 'd.).... CIVIL ACTION LAW
CAROLEE MILLER : IN DIVORCE
Defendant
ADDITIONAL CLAIMS OF PLAINTIFF
AND NOW COMES, Defendant, Carolee Miller, by and through her attorney,
Jane Adams, Esquire, and files the following additional claims under the Divorce Code:
COUNT I - DIVORCE
1. The Defendant avers that the grounds on which the action and this claim for
divorce are based are: that the Plaintiff has offered such indignities to the person of the
Defendant, the innocent and injured spouse, as to render her condition intolerable and
life burdensome.
2. This action is not collusive.
WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in
Divorce, divorcing the Plaintiff and Defendant.
COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY
3. Defendant incorporates by reference the averments set forth in paragraphs 1-
13 fully as though the same were set forth at length.
4. During the course of the marriage, the parties have acquired numerous items
of property, both real and personal, which are held in joint names and in the individual
names of each of the parties hereto.
5. Plaintiff is currently living in the marital home.
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6. Plaintiff and Defendant have been unable to agree as to an equitable division
of said marital property as of the date of the filing of this petition.
7. Defendant is seeking an equitable division of all marital property. .
WHEREFORE, Defendant prays this Honorable Court, after requiring full
disclosure by the Plaintiff to equitably divide the property, both real and personal,
owned by the parties hereto as marital property.
COUNT IV - COUNSEL FEES. COSTS AND EXPENSES
8. Items 1 - 7 are herein incorporated by reference.
9. Defendant is without sufficient funds to retain counsel to represent her in this
matter.
10. Without counsel, Defendant cannot adequately prosecute her claims against
Plaintiff and cannot adequately litigate her rights in this matter.
11. Plaintiff enjoys a substantial income and/or has the earning capacity to earn
a substantial income and is well able to bear the expense of Defendant's attorney and
the expense of this litigation.
WHEREFORE, Plaintiff requests this Honorable Court to enter an award of
counsel fees, costs, and expenses.
Date: Lf". ~;? () 3
~O:d'
ne Adams, Esquire --
J.D. No. 79465
36 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR DEFENDANT
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VERIFICATION
I verify that the statements made in this petition 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: 4-('2~o3
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Crl_.ated: 12fIO/0209:32:59AM
Rerised: rlllO/0209:41:49AM
10;14,1
MARTIN H. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-7122
CAROLEE MILLER,
Defendant
IN DIVORCE
CERTIFICATE PREREOUlSITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Martin H. Miller, Plaintiff, certifies that:
(1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto
was mailed or delivered to each party at least twenty days prior to the date on which the subpoena
is sought to be served,
(2) a copy of the notice of intent, including the proposed subpoena, is attached to this
certificate,
(3) counsel for the Defendant has waived the twenty day notice, and
(4) the subpoena which will be served is identical to the subpoena which is attached to
the notice of intent to serve the subpoena.
MARTSON DEARDORFF WILLIAMS & OTTO
By ~
Thomas J. Willi
I. D. Number 17 2
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attomeys for Plaintiff
Date: December 10, 2002
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\0514\
MARTIN H. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-7122
CAROLEE MILLER,
Defendant
IN DIVORCE
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
Defendant intends to serve a subpoena identical to the one that is attached to this notice. You
have twenty (20) days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. Ifno objection is made, the subpoena may be served.
MARTSON DEARDORFF WILLIAMS & OTTO
::J
By 'f~~W~~
Thomas J. WillI s, Esqmre
J.D. Number 17512
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
\
,
Attorneys for Plaintiff
Date: December 4, 2002
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~TH OF pmN$YLVANIA
axJNl'Y OF aJMBEIUAND
MARTIN H. MILLER
v.
File No. 01-7122
CAROLEE MILLER
SUBPOENA TO PROOtX:E DOCl.t'ENTS OR lH I NGS
FOR D I SCX>VERY PURSUANT TO RUlE 4009. 22
TO:
Orrstown Bank, 22 South Hanover Street, Carlisle, PA 17013
(NMlEl of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents or things: Nay and all records pertaining to the account of
C I M'ller 2312 Walnut Bottom Road, Carlisle, PA 170 3; S.S. U 1// )b-L~~l;
arc ee:1. , . f fl ~ G itl!i ('r'lrrP-Qpnnnpnc:e
Account No. lUbUU1Z4lj, lnclud.lug tH...ctLeuu:::ul;:o, ('6]?1['3 e c. ce to, Gpg~ ~ '
tr Rsfers issy?Q "n ..hi" ercol1nt from 6/1/01 to 12/31/01.
at ~RTSON DEARDORFF WILLIAMS & OTTO, Ten East High Street, Carlisle, PA l/U13
(Address)
You may deliver or mail legible copies of the docunents or produce things requested by
this subpoena, together with the certificate of <::arpliance, to the party making this
request at the address 1 i sted above. You have the right to seek in advance the reasonab I e
cost of preparing the copies or producing the things sought.
I f you fai 1 to produce the doctments or
(20) days after its service, the party
carPe 11 ins you to <::arply with it.
things required by this subpoen~ within twenty
serving this subpoena rray seek a court order
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLlCWING PERSON:
NAME: Thomas J. Williams, Esquire
ADDRESS: Ten East High Street
Carlisle, PA 17013
TElE~E: (717) 243-3341
SlJ>REM:: <XUrr 10. 1 7 512
ATTOFlNEY FOR: Plaintiff
BY THE CXlURT:
Prothonotary/Clerk. Civi 1 Divis ion
DATE:
Seal of the Court
Deputy
(Eff. 7/97)
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CERTIFICATE OF SERVICE
I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy ofthe foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule
4009.22 was served this date by depositing same in the Post Office at Carlisle, P A, first class mail,
postage prepaid, addressed as follows:
Jane Adams, Esquire
36 South Pitt Street
Carlisle, P A 17013
MARTSON DEARDORFF WILLIAMS & OTTO
Byl~ia~
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: December 10, 2002
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MARTIN H. MILLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2001 - 7122 CIVIL ACTION LAW
CAROLEE MILLER
Defendant
: IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Defendant (plaintift)(Defendant) moves this Court to appoint a master with respect to the following claims:
(XJ Divorce
( ) Annulment
C ) Alimony
( ) Alimony Pendente Lite
00 Distribution of Property
( ) Support
~ ) Counsel fees
&4 Costs and Expenses
and in support of the motion states:
(I) Discovery is complete as to the claim(s) for which the appointment ofamaster is requested.
'fA (2) The Def!,ndant~as not) appeared in the action (personally)khis atto~
~ iA.:> 'Ii /1CtY\. "i. , Esquire).
(3) The statutory ground(s) for divorce (is)(are) ~ ~ LW
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached with respect to the following claims:
nOhe...
~. (c) The action is contested wtlli repsect to the following claims:
(5) The action (involves(<lofs not invol~complex issues oflaw or fact.
(6) The hearing is expected to take
I
~ours).
(7) Additional information, if any, relevant to the IDotio .
Date: 5, ,e;, D3
J e Adams, Esqurre
orney for (Plaintift)(Defendant)
ORDER APPOINTIN MAS R .
,;< tJ ;;;-~, Robert Elicker, Esquire, is appointed Master with repsect to the
PL-
AND NOW, this
following claims:
BY THE COURT:
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MARTIN H. MILLER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
VS.
NO. 01 - 7122
CIVIL
19
CAROLEE MILLER
IN DIVORCE
Defendant
STATUS SHEET
DATE:
ACTIVITIES:
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MARTIN H. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 7122 CIVIL
CAROLEE MILLER,
Defendant
IN DIVORCE
TO: Thomas J. Williams
, Attorney for Plaintiff
Jane Adams , Attorney for Defendant
DATE: Monday, June 2, 2003
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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Jane Adams
ATTORNEY AT LAW
36 SOUTH PITT STREET
CARLISLE, PA. 17013
(717) 245-8508 voice
(717) 245-8538 fax
esaadamsfalaol.com
November 5, 2003
Robert Elicker, ll, Esquire
Divorce Master
9 N. Hanover St.
Carlisle, Pa. 17013
Re: Miller v. Miller
No. 01 - 7122 (Cumberland County - Civil term)
Dear Mr. Elicker:
Enclosed please fmd a marriage settlement agreement which has been executed in the
above-referenced matter. Please vacate your appointment so that a final Decree may be entered
promptly.
Thank you for your attention to the above. Please contact me if there are any questions
regarding the above.
cc: Thomas Williams, Esquire
Caro1ee Miller
'~"";F'~"='l'1~--'l71R'l-ll";.Wq[!~~,~~"!l'~, ~, ",-_ ~ ","'_~~~l1l'11._~,_"~,.>,'il~,~'!'J';~~~;J'l1:_.._~~ ._1..~,_ ~ ~""''o/'"''~''',-",'!I''l'>''1~"-T'll'f'-'!'~"'-''wY\H'''
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Jane Adams
ATTORNEY AT LAW
36 SOUTH PITT STREET
CARLISLE, P A. 17013
(717) 245-8508 voice
(717) 245-8538 fax
esaadamsililaol.com
July 10, 2003
Robert Elicker, II, Esquire
Divorce Master
9 N. Hanover St.
Carlisle, Pa. 17013
Re: Miller v. Miller
No. 01 -722 (Cumberland County - Civil term)
Dear Mr. Elicker:
We are requesting that you set a four-party conference regarding this matter. Please
contact me at your convenience to set a date for the conference.
Thank you for your attention to the above. Please contact me if there are any questions
regarding the above.
Very truly yours,
.~
e Adams, Esquire
cc: Thomas Williams, Esquire
Carolee Miller
lii,~'
SUMMARY OF MARITAL PROPERTY AND PROPOSED DISTRIBUTION
HUSBAND
$25,000.00
$5,000.00
$5,000.00
$35,000.00
Equity in the house
Life insurance cash valuelPPG retirement
1990 Ford F-250 pickup
TOTAL
WIFE
$12,000.00
$2,000.00
$13,000.00
$27,000.00
1997 Dodge Ram 1500
Home merchandise/shotgun
Orrstown Bank accounts (see attached)
TOTAL
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MARTIN H. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 01 - 7122 CIVIL
CAROLEE MILLER,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND THE PARTIES
TO:
Thomas J. Williams
Martin H. Miller
, Counsel for Plaintiff
, Plaintiff
Jane Adams
Carolee Miller
, Counsel for Defendant
, Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 28th day of August 2003, at 9:00 a.m.,
with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of settlement
of claims. If issues remain after the conference, a hearing
will be scheduled at another date.
Very truly yours,
Date of Notice:
July 21, 2003
E. Robert Elicker, II
Divorce Master
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MDW&t6
INFORMATION ._ADVlCE .Ar?VOCACY -,
Ar:rORNEYS & COU~SELLOR.S AT LAw
'WILLIAM F. MARTSON
]OHN B, FO,,""ER III
E'OWARo L'_>SC;HdRPP
DANIEL K DEARDORFF'
THoMAs]. WILuAMS *
lvo v. OTIO III
GEORGE B. FALLER]R.*
CARte. RISCH
DAVID R. GALLQWAY
ANTHONVT- LUCIDO
"'BOARD CERTIFIED CIVIL TRIAL $PEClAUST
TEN EAST HIGH STREET
CA~L1SLE, PENNSYLVANIA 17013
TELEPHONE (717) 243.3341
FACSIMILE (717) 243-1850
INTERNET www.mdwo.com
July 3, 2003
E. RobettElick.er, IT, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Martin Miller v. Carolee Miller
Our FileNo. 1 0514.1
Dear Mr. Elicker:
I enclose Plaintiff s Certification that discoveryis complete,
Very truly yours,
. ..~.. .... '.lTS.ON. D. .E. .ARD. O. RF. F.. WILLIAMS & OTTO
'1~ IW~
ThomasJ.Williams
TJW/tde
Enclosure
cc: Jane Adams, Esquire (w/enc.) .
Mr. Martin Miller
F-\FILESIDATAFILE\General\Letters\10514-ja 11
INFORM,,\TION.O ADVICE ~ ADVQCACySM
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~"-""'''''''':'~<!I!,(I!W!'i'!~!~''''''~I'~'~iI'1'l''''$FiI'!l''"o!H!ir,~,,,,,,,,,,!,,,,, ,~_ -~~'"ffl_~I~"~R~~-t!m!'li.1"'''F'J~~''Wi-''',,!,,!jf~ff:'f''I'i~~_~''''''T{''~"'<f.~'!'~"'--=f<!Il,"'~~,';"",
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MARTIN H. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 7122 CIVIL
CAROLEE MILLER,
Defendant
IN DIVORCE
TO: Thomas J. Williams
, Attorney for Plaintiff
Jane Adams , Attorney for Defendant
DATE: Monday, June 2, 2003
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
6 / ].01 'D "]
DATE
--r~ ~ /lidO- ~
COUNSEL FOR LAINTIFF ~
COUNSEL FOR DEFENDANT ( )
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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Jane Adams
ATTORNEY AT LAW
36 SOU1H PITT STREET
CARLISLE,PA.17013
(71 7) 245-8508 voice
(717) 245-8538 fax
esaadamsra>.aol.com
June 5, 2003
Robert Elicker, II, Esquire
Divorce Master
9 N. Hanover St.
Carlisle, Pa. 17013
Re: Miller v. Miller
No. 01 - 722 (Cumberland County - Civil term)
Dear Mr. Elicker:
Enclosed please find a certification of discovery regarding the above-referenced matter.
We are requesting that you set a four-party conference regarding this matter.
Thank you for your attention to the above. Please contact me if there are any questions
regarding the above.
Very truly yours,
cc: Thomas Williams, Esquire
Carolee Miller .
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MARTIN H. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 7122 CIVIL
CAROLEE MILLER,
Defendant
IN DIVORCE
TO: Thomas J. Williams
, Attorney for plaintiff
Jane Adams . Attorney for Defendant
DATE: Monday, June 2, 2003
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
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DATE
PLAI TIFF (\.'
DEFENDANT X)
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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MARLIN H. MILLER,
Plaintiff
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 7122 CIVIL
CAROLEE MILLER,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
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3 day of
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2003, the economic claims raised in the proceedings having been
resolved in accordance with a marital settlement agreement
dated November 5, 2003, the appointment of the Master is
vacated and counsel can file a praecipe transmitting the record
to the Court requesting a final decree in divorce.
BY THE COURT,
cc:
~omas J. Williams
Attorney for Plaintiff
...,dane Adams
Attorney for Defendant
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F:(.a.LESIDATAFlLE\Go:Ileral\D<lcuwetltslI0514-1.nlsil/jJb
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. Revised: 10l14/0308:3t:28AM
MARTIN H. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-7122
CAROLEE MILLER,
Defendant
IN DNORCE
MARITAL SETTLEMENT AGREEMENT
This Agreement, made this [;fk. day of Nove""b€-v"', 2003, by and between
MARTIN H. MILLER, of 2312 Walnut Bottom Road, Pennsylvania, (hereinafter referred to as
"Husband") and CAROLEE MILLER of297 Mohawk Road, Newville, Pennsylvania, (hereinafter
referred to as "Wife").
WHEREAS, the parties hereto are Husband and Wife, having been married on March 4, 1978
in Newville, Pennsylvania; and
WHEREAS, difficulties have arisen between the parties as a result of which they now desire
to live separate and apart and by this Agreement, to settle all financial and property rights between
them; and
WHEREAS, this Agreement is being made in full and final settlement the above captioned
divorce action being filed concurrently with the execution hereof; and
WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain
independent legal advice of counsel of their selection, and that before signing this Agreement, each
has either been fully advised by counsel of their rights and obligations under the law and this
Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or
she hasread carefully and fully understands the terms, conditions and provisions ofthis Agreement
and believes same to be fair, just, adequate and reasonable under the existing facts and
circumstances. The parties further declare that each is executing the Agreement freely and
voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and
WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement
they have been fully advised by their respective counsel of their rights and obligations, have read
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carefully and understand the terms ofthis Agreement, and have freely consented to this Agreement,
believing it to be fair, just and equitable; and
WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all
property which would be considered "marital property" under the Pennsylvania Divorce Reform Act,
whether titled or owned separately or jointly as well as the value and extent of nonmarita1 property
held or expected to be held by each other.
NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth
herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows:
1. SEPARATION:
Husband and Wife shall be free from constraint or control by the other as fully as ifhe or she
were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any
person for associating with the other.
2. RELEASE:
Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes
her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents,
for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit
claim and forever discharge the other party hereto, his or her heirs, executors, administrators or
assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits
at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted
or suffered to be done by said other party prior to and including the date hereof; further, the parties
acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically
incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this
paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations
and promises made and imposed by reason of this Agreement and shall in no way affect any causes
of action in absolute divorce which either party may have against the other.
3. DIVORCE:
Both parties agree to conclude a no-fault divorce under Section 3301 (c) of the Pennsylvania
Divorce Code filed in the Court of Common Please of Cumberland County, No. 01-7122 and, in
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connection therewith, to execute and acknowledge whatever consents or other documents that are
necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The
terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may
be entered with respect to the parties, and the court shall retain continuing jurisdiction over the
parties and the subj ect matter of this Agreement for the purpose of enforcement of any of the
provisions hereof.
4. DEBTS:
Both parties agree that, in the future, neither shall cause or permit to be charged to or against
the other any purchase or purchases which either of them may hereafter make and shall not hereafter
create any engagements, debts or obligations in the name of or against each other. Except as
specifically provided herein, each agrees to hold the other free and harmless from any and all debts
and other obligations which he or she may have incurred since the date of the separation and agrees
to indemnify and defend the other party from any claim regarding same.
5. PERSONAL PROPERTY:
A. AUTOMOBILES:
Each party shall enjoy exclusive possession of the vehicle in their possession. Each party
shall be solely responsible for any debts pertaining to his or her said vehicle and shall indemnify,
defend and hold the other harmless from any claim with respect thereto. If there are any liens
outstanding, the parties shall remove the name of the other from the title as soon as it is available to
do so.
B. OTHER PERSONAL PROPERTY:
Except as stated below, the parties have heretofore divided the property, both real and
personal, which they owned either together or separately and such division and apportionment is
hereby confirmed.
6. MARITAL RESIDENCE:
Concurrent with the execution of this Agreement, Wife will execute a deed transferring all
of her right, title and interest of the marital residence located at 2312 Walnut Bottom Road,
Cumberland County, Pennsylvania to Husband in a form satisfactory to Husband's mortgage
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company. The deed shall be held in escrow by Jane Adams, Esquire and tendered to Thomas J.
Williams, Esquire upon receipt of the payment referred to in Section 7 hereof. Husband shall be
solely responsible for all expenses, taxes insurance, upkeep and any other expense connected with
the marital residence, as well as M&T Home Equity Loan on the marital residence. Husband shall
indemnify, defend and hold Wife harmless with regard to any claims arising out of the marital
residence. Husband agrees to refinance the marital residence as soon as practical thereby removing
Wife's name from both the first and second mortgages.
7. CASH:
Husband shall pay to Wife the sum of $15,000.00 upon the refinancing of the marital
residence or ninety (90) days, whichever first occurs.
8. ENFORCEMENT:
If either party defaults in the due performance of any of the terms, conditions and covenants
of this Agreement on his or her part to be performed, the non-defaulting party shall have the right
to sue for specific performance or damages for the breach of this Agreement, and the defaulting party
shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's
attorney in any action or proceeding to compel the defaulting party's due performance hereunder as
well as costs for bringing the action or proceeding. If either party challenges the validity of this
Agreement and the challenge is not successful, the challenging party shall similarly reimburse the
defending party for all expenses and losses incurred in the defense.
9. ALIMONY AND SUPPORT:
Except as otherwise provided herein, both parties hereby waive, release and give up any
rights which either may have against the other to receive spousal support, alimony, alimonypendente
lite, or expenses. From the execution date of this Agreement, it shall be the sole responsibility of
each party to sustain himself or herself without seeking any economic support from the other.
10. EXECUTION OF DOCUMENTS:
The parties agree to execute all documents that are reasonably necessary to effectuate the
purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or
acknowledge any such document, then the other party shall have, and is hereby granted, the right and
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power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact
for the other party to so execute and acknowledge such documents.
11. CONTRACT INTERPRETATION:
For purposes of contract interpretation and for the purpose of resolving any ambiguity
herein, Husband and Wife agree that this Agreement was prepared jointly by their respective
attorneys.
12. AFTER-ACQUIRED PROPERTY:
Each ofthe parties shall hereafter own and enjoy, independently of any claim or right of the
other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has
been acquired by him or her after the date of separation, with full power in him or her to dispose of
the same as fully and effectively, in all respects and for all purposes, as though he or she were
unmarried.
13. ADDRESS AND TELEPHONE NUMBER OF PARTIES:
As long as any obligations remain to be performed pursuant to the provisions of this
Agreement, each party shall have the affirmative obligation to keep the other informed of his or her
residence address and telephone number, and shall promptly notifY the other in writing of any change
of address by giving the new residence address and telephone number.
14. MISCELLANEOUS:
A. This Agreement constitutes the entire agreement between the parties, being the final
and complete settlement of all matters between them and supersedes any prior written or oral
agreements between them respecting the within subject matter. There are no representations,
agreements, arrangements or understandings, oral or written, between and among the parties hereto
relating to the subject matter of this Agreement which are not fully expressed herein.
B. This Agreement may not be amended, modified, altered or revoked except in writing
executed by both the parties hereto.
C. This Agreement may not be assigned by either party without the prior written consent
of the other party.
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D. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original for all purposes, and all of which together shall constitute one and the same
instrument.
E. This Agreement shall be binding upon the parties hereto, their heirs, executors,
administrators and assigns.
F. This Agreement shall be interpreted under the laws of the Commonwealth of
Pennsylvania in effect as ofthe execution date of this Agreement.
G. Jurisdiction over theparties with regard to any matter covered by this Agreement shall
be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a
reference to the Court of Common Pleas of Cumberland County, Pennsylvania.
H. The failure to strictly enforce anypart of this Agreement shall not be deemed a waiver
thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part
of this Agreement.
I. All payments or communications pertaining to matters provided for in this Agreement
may be made or given if delivered or mailed to a party, at such address as either party shall designate
to the other in writing from time to time, or, ifno such designation is made, then to the address as
set forth above.
J. Titles are for convenience and ease of reference only and are not to be considered part
of the Agreement for purposes of interpretation.
K. The term of this Agreement shall continue indefinitely from the effective date hereof
and shall, to the extent possible, survive any future reconciliation of the parties unless they
specifically provide otherwise in writing.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written, intending to be legally bound hereby.
Witness:
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Martin H. Miller
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Caro ee Miller
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COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF CUMBERLAND )
On this, the /t..{.f!day of(!)~, 2003 , before me, the undersigned officer, personally
appeared Martin H. Miller, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Gd- (SEAL)
NOTARIAL SEAL
CORRINE L. MYERS, NOTARY PUBLIC
CARLISLE BORO, COUNTY OF CUMBERLAND
MY COMMISSION EXPIRES MAY 27,2007
COMMONWEALTH OF PENNSYLVANIA )
:SS
COUNTY OF CUMBERLAND )
On this, the Elf;.. day of ftJ{)<f~, 2003, before me, the undersigned officer, personally
appeared Carolee Miller, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I
set my hand and official seal.
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NOTARIAL St2Al .
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