HomeMy WebLinkAbout99-06143
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
()6143 CIVIL icy 99
......................... ........
DECREE IN
D1 VOR?C o ±JV'400?
AND NOW, ! ?... , y .... it is ordered and
decreed that ............. M . K. MILLER................ , plaintiff,
and • • • • • • ............ • • • ....... DAVID A. MILLER defendant,
P
are divorced from the bonds of matrimony.
k 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;
X
The attached copy of the parties Property Settlement Agreemeg5 ,c}gKGd,,,
October
1, 1999, tosether with
its
Amendment dated Februgry,,2, ,ZQQQ,.4XC,
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made a past hereof and incorporated by reference.
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THIS AGREEMENT, dated the I" day of October, 1999, by and between, David
A. Miller of 105 Summer Lane, Enola Cumberland County, Pennsylvania, 17025, Social
SecurityNumber J9y- yy- 7867 , hereinafter called the "Husband" , and
Jeneen K. Miller, formerly Knisely, residing at 916 Susan Circle, Enola, Cumberland
County, Pennsylvania, 17025, Social Security Number 184-48-3773, hereinafter called
the "Wife" , who agree as follows:
WITNESSETH;
WHEREAS, the parties are Husband and Wife, having been married on March 18,
1978, in Halifax, Dauphin County, Pennsylvania. The parties separated January 1,
1999.
WHEREAS, there have been issue of the marriage, all are adults and not of any legal
impediment.
WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties
have arisen between the parties, and it is the intention of Wife and Husband to live
separate and apart for the rest of their natural lives, and the parties hereto are desirous of
settling fully and finally their respective financial and property rights and obligations as
between each other including, without limitation by specification: the settling of all
matters between them relating to the ownership and equitable distribution of real and
personal property; the settling of all matters between them relating to the past, present
and future support, alimony and/or maintenance of Wife by Husband or of Husband by
Wife; the settling of all matters between them relating to the past, present and future
support ; and in general, the settling of any and all claims and possible claims by one
against the other or against their respective estates.
NOW THEREFORE, in consideration of the promises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable
i
consideration, receipt of which is hereby acknowledged by each of the parties hereto, }
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Wife and Husband, each intending to be legally bound hereby, covenant and agree as
follows:
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband
to a limited or absolute divorce on lawful grounds if such grounds now exist or shall
hereafter exist or to such defense as may be available to either party. This Agreement is
not intended to condone and shall not be deemed to be a condonation on the part of either
party hereto of any act or acts on the part of the other party which have occasioned the
disputes or unhappy differences which have occurred prior to or which may occur
subsequent to the date hereof.. The parties may if either so desires to secure a mutual
consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of
1980 as amended by Act No. 1990, 206, effective 3-19.91.
2. EFFECT OF DECREE, NO MERGER
It is specifically understood and agreed that the provisions of this Agreement relating
to the equitable distribution of property of the parties are accepted by each party as a final
settlement for all purposes whatsoever. Should either of the parties obtain a decree,
judgment, or order of separation or divorce in any other state, country, or jurisdiction,
each of the parties to this Agreement hereby consents and agrees that this Agreement and
all of its covenants shall not be affected in any way by any such separation or divorce;
and that nothing in any such decree, judgment, order, or further modification or revision
thereof shall alter, amend or vary any term of this Agreement, whether or not either or
both of the parties should rcmany, it being understood by and between the parties that
this Agreement shall survive and shall not be merged into any decree, judgment, or order
of divorce or separation.
It is further understood that Pennsylvania law provides that "a provision of an
Agreement regarding child support, visitation or custody shall be subject to modification
by the Court upon a showing of changed circumstances".
It is specifically agreed, however, that a copy of this Agreement may be incorporated,
by reference, into divorce judgment or decree. This incorporation, however, shall not be
regarded as a merger, it being the intent of the parties to permit this Agreement to survive
any such judgment, unless otherwise specifically provided herein, and for this Agreement
to continue in full force and effect after such time as a final decree in divorce may be
entered with respect to the parties. The parties agree that the terms of this Agreement
may be incorporated into any divorce decree which may be entered with respect to them
for purposes of enforcement only of any provisions therein, but shall survive such decree.
3. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for herein shall take place
simultaneously with the execution of this Agreement.
4. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to
the parties by their respective counsel or have had an opportunity to have the same
reviewed by counsel and that they fully understand the facts and have been fully informed
as to their legal rights and obligations and they acknowledge and accept that this
Agreement is, in the circumstances, fair and equitable and that it is being entered into
freely and voluntarily, after having received such advice and with such knowledge and
that execution of this Agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper or illegal agreement or agreements.
5. FINANCIAL DISCLOSURE
Husband and Wife confirm that each has relied on the substantial accuracy of the
financial disclosure of the other as an inducement to the execution of this Agreement, and
that they do not wish to exercise their respective right to have appraisals by experts as to
the value of the various interests of Husband or Wife. Husband and Wife understand that
such appraisals would be necessary to fix the fair market value of these interests for
purposes of equitable distribution.
6. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They
shall be free from any control, restraint, interference or authority, direct or indirect, by the
other in all respects as fully as if they were unmarried. They may reside at such place or
places as they may select. Each may, for his or her separate use or benefit, conduct, carry
on and engage in any business, occupation, profession or employment which to him or
her may seem advisable. However, each party shall make best efforts to maintain
employment with comparable benefits and salary as they now hold or for which they are
in training.
7. NO MOLESTATION
Husband and Wife shall not molest or interfere with each other, nor shall either of
them attempt to compel the other to cohabit or dwell with her or him, by any means
whatsoever. Neither party shall harass or be verbally or physically abusive to the other.
8. MUTUAL RELEASES
Husband and Wife each do hereby mutually remise, release, quitclaim and forever
discharge the other and the estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interest, or claims in or against the
property (including income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and wheresoever situate, which he or
she now has or at any time hereafter may have against such other, the estate of such other
or any part thereof, whether arising out of any former acts, contracts, engagements or
liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or
curtesy or widow's or widower's rights, family exemption or similar allowance, or under
the intestate laws, or the right to take against the spouse's Will; or the right to treat a
lifetime conveyance by the other as testamentary or all other rights of a surviving spouse
to participate in a deceased spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any
other country, or any rights which either party may have or at any time hereafter have for
past, present or future support or maintenance, alimony, alimony pendente lite, counsel
fees, equitable distribution, costs or expenses, whether arising as a result of the marital
relation or otherwise, except, and only except, all rights and agreements and obligations
of whatsoever nature arising or which may arise under this Agreement or for the breach
of any thereof. It is the intention of Husband and Wife to give to each other by the
execution of this Agreement a full, complete and general release with respect to any and
all property of any kind or nature, real, personal or mixed, which the other now owns or
may hereafter acquire, except and only except all rights and agreements and obligations
of whatsoever nature arising or which may arise under this Agreement or for the breach
of any thereof.
9. EQUITABLE DISTRIBUTION OF PROPERTY
It is specifically understood and agreed that this Agreement constitutes an equitable
distribution of property, both real and personal, which was legally and beneficially
acquired by Husband and Wife or either of them during the marriage, as contemplated by
The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code", 23 P.S. 3101
et. seq. of the Commonwealth of Pennsylvania.
And further, that the parties have attempted to divide their marital property in a
manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce
Code, and taking into account the following considerations: the length of the marriage,
the prior marriages of the parties; the age, health, station, amount and sources of income,
vocational skills, employability, estate, liabilities and needs of each of the parties; the
contribution of one party to the education, training, or increased earning power of the
other party; the opportunity of each party for future acquisition of capital assets and
income; the sources of income of both parties, including but not limited to medical,
retirement, insurance or other benefits; the contribution or dissipation of each party in the
acquisition, preservation, depreciation, or appreciation of marital property, including the
contribution of a party as a homemaker; the value of the property set apart to each party;
the standard of living of the parties established during the marriage; and the economic
circumstances of each party at the time the division of property is to become effective.
A. Real Property:
1. The Susan Circle property: The parties recognize that they own as tenants by
the entirety real property known as 916 Susan Circle, Enola, PA 17025, purchased
by deed recorded in the Cumberland County Recorder of
Deeds Office in Deed Book . It is recognized the following mortgages are
recorded against this property in the Cumberland County Recorder of Deeds Office: (1)
Joint - Fleet Mortgage Corporation, (remaining balance $69,000.00 Mortgage Book
, Page (2) Joint - Mellon Bank, (remaining balance $15,000)
Mortgage Book Page
2. For the mutual promises and covenants contained in this Agreement, Husband
agrees to convey to Wife all right, title, claim or interest he may have by equitable
distribution or otherwise in and to this property on Susan Circle. This conveyances shall
take place upon signing of this Agreement. Wife agrees pay all obligations associated
with the property and to indemnify and hold harmless Husband from any liability
whatsoever regarding these obligations.
3. The property shall be appraised within thirty (30) days of the signing of this
agreement and from this amount shall be subtracted the sum of the outstanding balances
on the liens on the property or $84,000.00 to arrive at the equity the parties have in the
property. Husband shall bear the cost of the appraisal. Wife shall pay husband 1/2 of the
equity in the property as follows : 1 /3 on or before Octobcr 1, 2001, 1/3 on or before
October 1, 2002 and 1/3 on or before October 1, 2003. If Wife believes that the appraised
value is incorrect, she may within thirty (30) days of receipt of Husband's appraisal have
the property appraised by a certified independent appraiser of her choosing and if she so
chooses this option, the appraisal of husband and wife shall be averaged and such average
used as the base value of the home rather than the sole appraisal of husband's
independent appraiser.
B. DISTRIBUTION OF PERSONAL PROPERTY:
The parties hereto mutually agree that they have effected a satisfactory division of the
furniture, household furnishings, appliances, and other household personal property
between them, and they mutually agree that each party shall from and after the date
hereof be the sole and separate owner of all such tangible personal property presently in
his or her possession, with the exception of a few power tools and lawn equipment owned
by Husband which shall be stored at the Susan Circle property until Husband procures
proper storage for the same and this Agreement shall have the effect of an assignment or
bill of sale from each party to the other for such property as may be in the individual
possession of each of the parties hereto.
The parties hereto have divided between themselves, to their mutual satisfaction, all
items of tangible and intangible marital property. Neither party shall make any claim to
any such items of marital property, or of the separate personal property of either party,
which are now in the possession and/or under the control of the other. Should it become
necessary, the parties each agree to sign, upon request, any titles or documents necessary
to give effect to this paragraph. Property shall be deemed to be in the possession or under
the control of either party if, in the case of tangible personal property, the item is
physically in the possession or control of the party at the time of the signing of this
Agreement and, in the case of intangible personal property, if any physical or written
certificate of insurance or other similar writing is in the possession or control of the party.
Husband and Wife shall each be deemed to be in the possession and control of his or her
own individual pension or other employee benefit plans or retirement benefits of any
nature with the exception of Social Security benefits to which either party may have a
vested or contingent right or interest at the time of the signing of this Agreement, and
neither will make any claim against the other for any interest in such benefits.
From and after the date of the signing of this Agreement both parties shall have
complete freedom of disposition as to their separate property and any property which is in
their possession or control pursuant to this Agreement, and may mortgage, sell, grant,
convey, or otherwise encumber or dispose of such property, whether real or personal,
whether such property was acquired before, during or after marriage, and neither Husband
nor Wife need join in, consent to, or acknowledge any deed, mortgage or other instrument
of the other pertaining to such disposition of property.
1. General:
Husband hereby waives all interest in Wife's property including but not limited
to all accounts, certificates of deposit and securities. Wife hereby waives all interest in
Husband's property including but not limited to all accounts, certificates of deposit, and
securities. Husband and Wife agree that Wife shall pay all costs, including attorney fees,
of transferring any property necessary to be titled from joint ownership to that of either
parry.
2. Motor Vehicles: Wife shall retain title to the automobile presently in her name
and shall be solely responsible for the payment of any and all loans on the same. She
shall hold Husband harmless from and for any responsibility of the payment of the same.
Husband shall retain title to the 1994 Ford Explorer now in his possession and
Wife shall sign any documents necessary to transfer the title into Husband's name. There
are no liens on this vehicle.
10. AFTER-ACQUIRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right
of the other, all items of personal property, tangible and intangible, subsequently acquired
by the other party.
11. SUBSEQUENT PERSONAL DEBTS
I
Husband and Wife agree from time of the signing of this Agreement that each party
shall be responsible for their own debts and hold each other harmless from same. There
are no marital debts, other than those listed in this Agreement. Any debts incurred by
either party without the knowledge or agreement of the other parry at any time prior to
this agreement shall become the sole responsibility of the party incurring the debt and he I
or she shall hold the other harmless for any payment of the same.
12. FUTURE DEBTS
Husband and wife hereby mutually agree that subsequent to the execution of this
Agreement, neither party shall incur any debts which will obligate the other to make
payment for same. Husband and Wife hereby acknowledge that there are no outstanding
bills or other indebtedness which have been incurred by either for the liability of the
other, and both parties hereby covenant and agree that neither shall have any financial
obligation to pay any financial obligations which are solely the financial obligation of the
other and which have been contracted by either party solely for their own benefit and
without the knowledge or consent of the other party. Husband and Wife further agree
that they will indemnify the other from any and all claims or demands made against the
other by reason of any debts or obligations contracted in violation of this Agreement.
14. WARRANTY AS TO EXISTING OBLIGATIONS
Each party represents that they have not heretofore incurred or contracted for any debt
or liability or obligation for which the estate of the other party may be responsible or
liable except as may be provided for in this Agreement. Each party agrees to indemnify
or hold the other party harmless from and against any and all such debts, liabilities or
obligations of every kind which may have heretofore been incurred by them, including
those for necessities, except for the obligations arising out of this Agreement.
15. BANKRUPTCY
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performed by
that party for the benefit of the other party pursuant to the provisions of this Agreement,
the debtor spouse hereby waives, releases and relinquishes any right to claim any
exemption (whether granted under State or Federal law) to any property remaining in the
debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the
debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in
all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse
as set forth herein, including all attomeys' fees and costs incurred in the enforcement of
this paragraph or any other provision of this Agreement.
No obligation created by this Agreement shall be discharged or dischargeable,
regardless of Federal or State law to the contrary, and each party waives any and all right
to assert that any obligation hereunder is discharged or dischargeable.
16. 1999 INCOME TAX RETURN
Husband and Wife agree that they shall file sepcrately for Fedeml, State and local
income tax returns for the year 1999. Wife shall claim the parties' child as a dependent
and file as head of household.
16. FUTURE INCOME TAX RETURNS
Husband and Wife Agree that in the year 2000 and those years following that
Wife shall be entitled to claim the parties' daughter as a dependant and file as head of
household.
17. CUSTODY
Husband and Wife agree that they shall have joint legal custody of their minor child
Jessica, now age 16, but Wife shall be the primary custodian of the child and the child
shall attend school in the district in which Wife shall from time to time reside. The
parties do not intend at this time to be more specific with regard to custody of the child,
but intend to make arrangements for the Husband to have liberal periods of time with the
child at such locations as he shall select, from time to time as circumstances change and
as the parties, including the child, shall agree. The Wife agrees not to unreasonable
withhold consent for visitation or periods of partial custody by the Father.
IS. CHILD SUPPORT
Husband shall pay Wife the sum of $400.00 per month for the child support of
their child Jessica from the date of this agreement through June 2001, the anticipated
month of the child's graduation from high school. If Husband or Wife through no fault of
his or her own should involuntarily loose his or her present position, he or she shall be
permitted to petition the domestic relations office for a change in the agreed support due
to the change in circumstances.
19. HIGHER EDUCATION, POST HIGH SCHOOL VOCATIONAL EXPENSES OF
THE CHILD
Husband and Wife agree to share the responsibility for the reasonable cost of
undergraduate college education or post high school vocational training for the child
including but not limited to the following: tuition, room, board, books, supplies, fees,
transportation which shall included insurance coverage for any automobile owned or
operated by child, and clothing as follows: Wife 1/3 of such costs and expenses, Husband
1/3 of such costs and expenses and Child 1/3 of such costs and expenses Husband's
obligation pursuant to this paragraph is conditioned upon his being consulted with respect
to the choice of educational institutions and his approval thereof obtained, provided,
however, that Husband's approval shall not be unreasonably withheld. Husband and Wife
have established an IDS account for payment of child's post secondary education and
those funds shall first be expended and said child has made a reasonable effort to obtain
scholarship and other financial aid all of which shall first be deducted from the total cost
of undergraduate college education. Husband and Wife agree that the obligations
imposed herein shall take precedence over any college expenses and costs for any future
adopted or step-children of Husband and/or Wife.
20. MEDICAL INSURANCE
Wife will continue to provide medical insurance for the child as long as she is
provided insurance through her employer. Should she loose such coverage, Husband
shall, if such coverage is provided through his employer, provide such coverage. Wife
and Husband also agrees to become each obligated for any uninsured or extraordinary
medical expenses, including costs for orthodontics, if necessary, for the child which shall
exceed $100.00 per year, but that, except in an emergency situation, the decision to incur
extraordinary medical expenses shall be a joint one, and Husband agrees not to withhold
his consent for any such expenses which would be reasonably necessary.
The Wife agrees to provide the Husband with bills or statements for payment in a
timely manner, and Wife shall be solely entitled to receive any Major Medical insurance
refund thereon.
21. RETIREMENT FUNDS
A. The Husband has a 401(k) plan, a retirement plan and an employee stock purchase
program through his employer. In return for his waiver of rights to any of wife's
retirement plans, 401(k) plans or employee stock option purchase plans, all his plans shall
remain in his name and become his sole property and Wife waives any and all rights to
the same.
B. The Wife, has a 401(k) plan and a retirement plan through her employer. In return
for her waiver of rights to any of husband's retirement plans, 401(k) plans or employee
stock option purchase plans, all her plans shall remain in her name and become her sole
property and Husband waives any and all rights to the same.
22. LIFE INSURANCE
Both parties shall continue to maintain all current life insurance policies. They also
agree not to borrow against or assign said policies without prior written consent of the
other party. Both parties agree to make payment of premiums on the policies on their
individual lives so as to continue said coverage as long as their child has reached the age
of twenty-five (25). Both parties agree that they shall change the beneficiary of their
current life insurance policies to reflect that their child is the sole beneficiary. Proof of
this change shall be presented to each party and a letter of instruction given to the insurer
that the change is irrevocable until the child reaches the age of twenty-five (25) or is
married.
23. MARRIAGE OF CHILD
Husband and Wife agree that each of them shall be responsible for 1/3 the
reasonable costs of a wedding for their child Jessica, provided each are consulted prior to
arrangement for the wedding have been made and each give their consent, which shall not
be unreasonably withheld.
24. DIVORCE
Husband and Wife agree that in the future either may seek a divorce on the basis of
mutual consent. Husband and Wife both agree that at the time of signing this Agreement
both parties will execute any future required Affidavits of Consent to be filed with the
Court to allow the Court to grant a divorce on the basis of mutual consent. Husband and
Wife both agree that each party is to bear their own attorney fees, costs and expenses in
connection with this divorce and drafting and negotiation of this Agreement. AND, the
parties hereto state and agree that this Agreement shall not in any way be construed as a
collusive agreement.
25. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND
ALIMONY
The parties herein acknowledge that by this Agreement they have each respectively
secured and maintained a substantial and adequate fund with which to provide themselves
sufficient financial resources to provide for their comfort, maintenance and support, in the
station of life in which they are accustomed. Wife and Husband do hereby waive, release
and give up any rights they may respectively have against the other for alimony, alimony
pendente lite, support or maintenance. It shall be from the date of this Agreement the
sold responsibility of each of the respective parties to sustain themselves without seeking
any support from the other party. However, this waiver is dependent and conditional
upon the promised benefits due Wife under this Agreement actually being received by her
as stated herein.
26. ATTORNEY FEES, COSTS & EXPENSES
The parties agree to waive receipt of and to be responsible for their own attorney fees,
costs and expenses in connection with the negotiation and preparation of this Agreement
and the granting of a divorce decree.
27. BREACH OF AGREEMENT
If either party fails in the due performance of obligations under this Agreement at their
election, the non-breaching party shall have the right to sue for damages for breach of this
Agreement or to rescind same and seek such legal remedies as may be available to them.
The breaching party will be responsible for actual legal fees and costs incurred by the
non-breaching party necessary to the enforcement of this Agreement, and is obligated to
pay such fees and costs regardless of settlement before hearing or trial through the date of
compliance.
No obligation created by this Agreement shall be discharged or dischargeable,
regardless of Federal of State law to the contrary, and each party waives any and all right
to assert that any obligation hereunder is discharged or dischargeable.
27. PROVISIONS
The parties agree that the separate obligations contained in this Agreement shall be
deemed to be interdependent. If any term, condition, clause or provision of this
Agreement shall be determined by a Court of competent jurisdiction to be invalid or
unenforceable, then the parties agree that the Agreement may be reviewed and
renegotiated in order to fulfill as closely as possible the purpose of the invalid provision.
Notwithstanding any releases contained herein, the parties intend that they may reinstate
previously pleaded economic claims to the extent permitted by the Divorce Code.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
anr424;
Wi ess
1
1
DAVID A. MILLER
itness
V"N K. MILLER
COMMONWEALTH OF PENNSYLVANIA
: ss
COUNTY OF CUMBERLAND
On this, the I- day of October, 1999, before me, a Notary Public, the
undersigned officer, personally appeared David A. Miller and Jcneen K. Miller known to
me to be the persons whose names are subscribed to the within Property Settlement
Agreement, and acknowledged that they executed the same for the purposes therein
contained.
No O122,c
ub=Kay al
otary Public
mbertand ounty
Juno 20, 2001
THIS AMENDMENT, dated the 2nd day of February, 2000, by and between,
David A. Miller of 105 Summer Lane, Enola, Cumberland County, Pennsylvania, 17025,
Social Security Number 194-44-7867, hereinafter called the "Husband", and ]eneen K.
Miller, formerly Knisely, residing at 916 Susan Circle, Enola, Cumberland County,
Pennsylvania, 17025, Social Security Number 184-48-3773, hereinafter called the
"Wife", who agree amends that Property Settlement Agreement dated October 1, 1999,
as follows:
WHEREAS, following appraisal of the property, the parties agree that the value
of the marital residence, located at 916 Susan Circle, Enola, Cumberland County,
Pennsylvania, 17025, is $129,500.00. The outstanding liens on the property total
$84,000.00; therefore, the equity value of the property is $45,500.00. Wife shall pay
husband half of the equity of the property ($22,750) in equal payments of $7,583.33. The
first payment will be due on or before October 1, 2001; the second payment will be due
on or before October 1, 2002; the third payment will be due on or before October 1, 2003.
IN WITNESS WHEREOF, the parties hereto have set their hands and seats the
day and $ylrlrst above written.
s4 L-
DAVID A. MILLER
J$NEEN K. MILLER
•
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
On this, the 2nd day of February, 2000 before me, a Notary Public, the undersigned
officer, personally appeared DAVID A. MILLER and JENEEN K. MILLER, known to
me (or satisfactorily proven) to be the persons whose names are subscribed to the within
Property Settlement Agreement, and acknowledged that they executed the same for the
purposes therein contained.
-&t-
„p ilt•,,;., No Public
c1? f!) '?rn k
( f !' r s'r ;i Notarial Seal
O F e . Karen Kay Budd. Notary Public
q t rh ` South Middleton %p.• Cumbedanc Courtly
My Commission Expires June 23, 2661
,TL .,
,,+.,i
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JENEEN K. MILLER
VS.
DAVID A. MILLER,
Plaintiff
CIVIL ACTION - LAW
CASE NO. 99-6143
Defendant ; IN DIVORCE
To the Prothonotary:
Please 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 201(c)/3301(c) of the
Divorce Code.
2. Complaint served on Defendant via First Class U.S. Mail Certified Return Rcccipt on
October 7, 1999 (see attached Verification of Service).
3. Date of Defendant's execution of Acceptance of Service and Affidavit of Consent:
February 2, 2000.
4. Date of PlaintitTs execution of Affidavit of Consent: February 2, 2000.
5. Related claims pending: None.
Please have the attached property settlement agreement and amendment
incorporated into the final decree of divorce.
Thank you.
Date: "9, 1e60
Attorney for the Plaintiff
Supreme Court ID 0 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JENEEN K. MILLER : CIVIL ACTION - LAW
Plaintiff
VS. : CASE NO. 99-6143
DAVID A. MILLER,
Defendant : IN DIVORCE
'S AWnnPPPMn AMT'S WArI/RD nVMnTr.^
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 6, 1999, in the above-captioned action.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and at least ninety
days have elapsed from the date of filing and service of the Complaint.
3. We consent to the entry of a final decree of divorce by the Court of Common Picas of
Cumberland County, Pennsylvania.
4. We understand that we may lose our rights concerning alimony, division of property,
lawyers fees or expenses if we do not claim them before a divorce is granted.
5. Defendant hereby swears that he was served with a true and correct copy of the
Complaint, Notice to Defend and Claim Rights and Notice of Availability of Counseling
on October 7, 1999, via United States First Class Mail, Certified, Return Receipt,
Restricted Delivery.
6. Both Plaintiff and Defendant waive the requirement that a Notice of Intention to
Request Entry of Divorce Decree be filed in this matter and pray the Court enter a decree
divorcing Plaintiff from Defendant.
Date: _ T Ira cy? e /
Je o'e, K. Miller, Plaintiff
Date: ? J L /oa
David A. Miller, Defendant
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
Before me, the undersigned officer, this 2nd day of February, 2000, personally appeared
David A. Miller and Jeneen K. Miller, known to me (or satisfactorily proven) to be the
persons whose names are subscribed to the within Plaintiffs and Defendant's Affidavit
of Consent and Defendant's Acknowledgement of Service and acknowledged that they
signed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
, dw'
Nota
Notarial Seal
Karen Kay Buckley. Notary Public
South Middleton Twp., y urnberWnd county
My Commission Expires June 23, 2001
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JENEEN K. MILLER : CIVIL ACT ION -LAW
Plaintiff
VS. : CASE NO. 99-6143
DAVID A. MILLER,
Defendant : IN DIVORCE
PLAINTIFF'S AND DEFENDANT'S AFFIDAVIT OF
CONSENT AND DEFENDANT'S ACKNOWLEDGEMENT OF SERVICE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 6, 1999, in the above-captioned action.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and at least ninety
days have elapsed from the date of filing and service of the Complaint.
3. We consent to the entry of a final decree of divorce by the Court of Common Pleas of
Cumberland County, Pennsylvania.
4. We understand that we may lose our rights concerning alimony, division of property,
lawyer's fees or expenses if we do not claim them before a divorce is granted.
5. We have been advised of the availability of marriage counseling and understand that
we may request that the Court require us to participate in counseling.
6. We understand that the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to us upon request.
7. Being so advised, we do not request that we participate in counseling prior to a
divorce decree being handed down by the Court.
8. Defendant hereby acknowledges that he was serviced with true and correct copies of
the Complaint, Notice to Defend and Claim Rights and Notice of Availability of
Counseling on October 7, 1999 and waives the thirty day expiration of the writ.
I, JENEEN K. MILLER, verify that the statements made in this Plaintiffs and
Defendant's Waiver of Notice of Intention to Request Entry of Divorce Decree Being
Filed are true and correct. 1 understand that false statements herein arc made subject to
the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities.
Date: _)il' t o
r
Jen n . Miller, Plaintiff
I, DAVID A. MILLER, verify that the statements made in this Plaintiffs and
Defendant's Waiver of Notice of Intention to Request Entry of Divorce Decree Being
Filed arc true and correct. I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Date: / I L /Ou
c, 11)#,&7
David A. Miller, Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JENEEN K. MILLER, CIVIL ACTION - LAW
Plaintiff
VS. CASE NO. 99- L 1Y3 0-1141 T ?•^
DAVID A. MILLER,
Defendant : IN DIVORCE
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 arc 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 in the
Office of the Court Administrator at the Cumberland County Courthouse, Hanover and
High Streets, Carlisle, PA 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
Two Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JENEEN K. MILLER, CIVIL ACTION - LAW
Plaintiff
VS. CASE NO. 99- L I q 3 0,;,zi T, r ,
DAVID A. MILLER,
Defendant : IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE. CODE
AND NOW this bwday of October, 1999 comes Plaintiff by and through her
attorney, Joseph D. Buckley, Esquire and requests a divorce from Defendant as follows:
1. Plaintiff is Jeneen K. Miller, who currently resides at 916 Susan Circle, Enola,
Cumberland County, PA 17028.
2. Defendant is David A. Miller, who currently resides at 105 Summer Lane,
Enola, Cumberland County, Pennsylvania 17028
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth
for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on March 18, 1978 in Halifax,
Dauphin County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken due to irreconcilable differences.
7. Plaintiff has been advised that counscling is available and that Plaintiff may
have the right to request the Court require the parties to participate in marriage
counseling.
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8. Vcnue is proper in this Court pursuant to Rule 1920.2(a)(2).
9. Neither Plaintiff or Defendant arc members of the armed forces of the United
States.
WHEREFORE, Plaintiff requests the Court to enter a decree of divorce.
Jos h D. B kley, Esquire
Attorney for the Plaintiff
Supreme Court ID # 38444
1237 Holly Pike
Carlisle, PA 17013
(717)249.2448
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VERIFICATION
I, Jencen K. Miller, verify that the statements made in this Complaint are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904 relating to unswom falsification to authorities.
I
Date: October 1, 1999 V ?cC?`rc /T//
Je a K. Miller, Plain iff
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IN THE COURT OF COMMON PLEAS OF
C12-MBERLAND COUNTY, PENNSYLVANIA
JENEEN K. MILLER
: CIVIL ACTION - LAW
Plaintiff
VS.
CASE NO. 99-6143
DAVID A. MILLER,
Defendant
: IN DIVORCE
I, Joseph D. Buckley, hereby verify that a true and correct copy of the Complaint
in this matter together with a Notice to Plead was duly served via First Class U.S. Mail,
Certified Return Receipt No. Z 338 890 402 (Restricted Delivery) on October 6, 1999 as
evidenced by the attached Receipt for Certified Mailing and received by Defendant on
October 7, 1999, as evidenced by the attached Return P.S. Form 3811 executed by
Defendant.
I hereby certify that the statements made herein are true and correct to the best of
my knowledge, information and belief. I understand that statements made herein are
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
Date: 1,-/ C Oca
Joseph D. BucklO, Esquirc
Attorney for the Plaintiff
Supreme Court ID # 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
US Postal Service
Receipt for Certified Mail
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