HomeMy WebLinkAbout99-07029
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
?-ns
STATE OF 4 ,51 PENNA.
SHERRY L. MILLER,
...........
............. .
... _ ................... _.
No 70......29..... ................. 1999
Plaintiff..,., ........
_..
Versus
.......ADEN. D. MILLER, JR.,_._._...... . _..........
Defendant ._
DECREE IN
DIVORCE
AND NOW,....` r.t..... 6.r W .Laa6, it is ordered and
. L. MILLER ..........., plaintiff,
decreed that . . . . . SHERRY.
and and .... • • • .......?DEN ,D., MILLER, • JR•....................... defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
The. Marital,Set•tlpln r)n .A.Steeln.ent.d.ated..Apri.1 .13,..2000......,
is hereby incorporated, within, the, Divorce, Decree........••....
.......... _ . I. y. 1 . .
By 1, e ?Cpur
Attest
J
Prothonotary
4
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,,
SHERRY L, MILLER.
V.
PlaintiIT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
ADEN D. NIILLL'R. JR. : NO. 99-7029 CIVIL TERM
Defendant : IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
AGREEMENT', made this rill? day of ARIL , 2000, between Sherry L. Miller
(hereinafter called "Wile") and Aden D. Miller, Jr. (hereinafter called "Husband").
WITNESSETH:
The parties hereto are Nile and Husband, having been married on August 28, 1982, at
Gardners, Cumberland County, Pennsylvania. There were three children born of this marriage:
I. Aden David Miller, III DOB: 7/21/83;
2. Elizabeth Ann Miller DOB: 8/1/87;
3. Robert Michael Miller DOB: 6/9/90;
Diverse unhappy differences. disputes and difficulties have arisen between the parties and
it is the intention of Wife and Husband to live separate and apart I'or the rest of their natural Iives,
and the parties hereto desire to settle folly and finally their respective financial and property
rights and obligations as between each other, including without limitation: (1) the settling of all
matters behvacn them relating to the oxvnership of real and personal property; (2) the settling of
all matters between them relating to the past, present and f inure support and/or mainlenmtce of
Wife by Husband and of I-Iusbaad by Wilc: (3) the implementation of custody arrangements for
the minor children of the parties for the immediate future; and (d) in general, the settling ofany
and all claims and possible claims by one against the other or against their respective estates.
Now'nIEREFORE, in consideration of the premises and of the mutual promises.
covenants and undertakings hereinafter set forth and Ibr other good and valuable consideration,
receipt ol'lvhich is hereby acknowledged by each of the parties hereto. Wife and Husband, each
intending to be legally bound hereby, covenant and agree as lollows:
2. ADVICE OF COUNSEL
Wife and Husband declare that each has had a full and lair opportunity to obtain
independent legal advice of counsel of her and his selection; that Wife has been independently
represented by Paul Bradford Orr, Esquire, and that Husband, aware of his right to legal
representation, declares that it is his express, voluntaryand knowing intention not to obtain
counsel and he chooses instead to represent himself with respect to the preparation and execution
of this Agreement.
3. PERSONAL Muffs
Wife and Husband may and shall, at all times hereafter, live separate and apart. Each
shall be free from all control, restraint, interference or authority, direct or indirect, by the other in
all respects as f filly as if she or he were unmarried. Each may reside at such place or places as
she or he may select. Each nrry, for her or his separate use or benefit, conduct, carry on and
engage in any business, occupation, profession or employment which to her or him may seem
advisable. This provision shall not be taken, however, to be an admission on the part of either
Wife or Husband of the lawfidness of the causes which led to, or resulted in, the continuation of
their living apart. Wifc and Husband shall not molest, harass, disturb or malign each other or the
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respective Chilli lies of each other. nor compel or attempt to compel the other to cohabit or dwell
by any means or in any manner whatsoever with her or him.
4. PERSONAL PROPERTY
Wife and Husband do hereby acknowledge they have heretofore divided the marital
property, including. but without limitation. jewelry, clothes, furniture and other personalty. and
hereafter. Wife agrees that all of the property in the possession of Husband shall be the sole and
separate property of I lusband; and. Husband agrees that all property in the possession of Wife
shall be the sole and separate property of Wife. Each of the parties does hereby specifically
waive, release, renounce and forever abandon whatever claims. if any, she or he may have with
respect to any of the above items which are the sole and separate property of the other and
hereafter owned, or held by him or her, with full power to dispose of same as fully and
effectively in all respects and for all purposes as if he or she were unmarried.
The property to be transferred is as follows:
A. Wife agrees to transfer to Husband upon execution of this Agreement, without
further consideration and free and clear of all liens and encumbrances:
1. Any interest in Husband's current Automobile.
5. REAL PROPERTY
1-lusband hereby agrees to convey. transfer and grant to Wife his right. title and hiterest in
the real estate situated and located at 1447 Goodyear Road. Gardners, Dickinson Township,
Cumberland County, Pennsylvania. I7324. From the date of this Agreement, Wife agrees to
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assume as her sole obligation any and all mortgage payments, taxes. claims. damages or other
expenses incurred in connection with said premises, and Wife agrees and covenants to hold
Husband harmless from any such liability or obligation.
Husband has, by prior instrument, conveyed, transferred and granted to Wife his right,
title and interest in the real estate situated and located at 1447 Goodyear Road, Gardners.
Dickinson Township. Cumberland County. Pennsylvania. Wife hereby agrees that within Thirty
days of the date of this Agreement, she will cause the release of Flusband from anv liability or
obligation on the mortgage note presently existing with respect to said premises and upon which
both parties hereto are liable.
6. SUPPORT
A. Spousal Support
"file parties herein acknowledge that by this Agreement they have each respectively
secured and maintained a substantial and adequate fund with which to provide themselves and
the children who may live with them, 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, spousal support or maintenance. It shall be from the date of this Agreement the sole
responsibility of each of the respective parties to sustain themselves without seeking any support
from the other party. Further, Wife shall consent to having the spousal support portion of the
current Support Order withdrawn, effective inunediately.
B. Child Support
Wile agrees and consents to having her child support portion of the current support
action. Docketed at ease" 208100042, Court of Common Pleas of Cumberland Couny', reduced
to an amount of$274.00 bi-weekly. Additionally. Husband and Wife agree that neither party
shall file for support modification unless their current employment status significantly changes.
Therefore, it is the parties intent to have the support amount set at $274.00, every two weeks,
payroll deducted, and paid to Cumberland County Domestic Relations, until their oldest,child,
Aden David Miller, 111, tarns eighteen (18) years ofage, which will occur on July 21, 2001.
7. TAX RETURNS
Husband and Wife have previously tiled "Married but Separate" for Tax year 1999.
Neither party shall hold the other party liable for any outstanding tax issues with regards to their
marital status. From this date forward, both parties are responsible for their own tax
responsibilities.
8. RETIREMENT PLAN
Husband and Wilejointly agree that any retirement plans currently held by the respective
parties, shall remain solely the property of the party who currently has the retirement plan in
effect. Therefore. Wile agrees to waive any and all interests she may have had in any retirement
plan of Husband. Likewise, Husband agrees to waive any and all rights he may have had in any
retirement plan of Wife.
9. MEDICAL INSURANCE
Husband will continue to provide medical insurance for the children with a policy issued
by his employer. Currently, his policy is issued by Holy Spirit Medical Hospital by a Company
known as Keystone Health. and Husband agrees to continue paying the premiums for that policy
until such time as the children attain majority. Husband also agrees to be responsible for 50% of
any uninsured or un-reimbursed medical expenses. Further. Husband agrees to continue similar
coverage in the event his employer changes Flealth Care providers.
10. LIFE INSURANCE
(a) Husband and Wife shall agree that any existing Life Insurance Policies remain in full
force and effect and shall not be canceled without the mutual agreement of the parties. Further, it
is agreed that the minor children shall be named irrevocable beneficiaries of any existing Life
Insurance Policies.
(b) In addition to the provisions above, any future Life Insurance Policies that may be
purchase by either Husband or Wife will list the minor children as irrevocable beneficiaries. In
the event that either party predeceases the other, the proceeds of such insurance policy, to include
existing policies. shall be held in Trust for any minor children's support, maintenance, and
welfare, Husband and Wife agree not to invade the corpus of any such Trust for their own
benefit.
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1 1. CUSTODY AND VISITATION
(A) Wife and Husband shall share legal custody of the minor children.
(13) Wife shall have primary physical custody of the minor children subject to as broad
visitation rights for Husband as are in the best interests of the children. as long as the parties
hereto maintain a non-hostile atmosphere between themselves while Husband is visiting said
premises.
(C) Husband further agrees that he will not utilize the said right of visitation in order to
harass or interfere with Wife's right to live and remain separate and apart From him.
(D) It is further agreed and understood that under this broad right of visitation, it shall be
exercised by Husband with appropriate notice to Wife in advance of each visit.
(E) "file parties do not wish to specify Husband's visitation rights with more certainty but
shall make arrangements front time to time as circumstatues change.
11. GUARDIANSHIP
Should Wife become temporarily incapacitated by injuryor otherwise, and Husband is
unavailable, both parties agree that a temporary guardianship, lasting not more than twenty-four
(24) hours, shall be granted to Nis. Shirley Weidner, currently of 5 Kuntz Drive, Gardners,
Pennsylvania, maternal grandmother of the minor children. In the event that she cannot : serve as
a temporary guardian, both parties agree that Ms. Wendy Richwine, currently of Goodyear Road,
Gardners. Pennsylvania, maternal Aunt of the minor children, shall exercise those temporary
guardianship powers.
12. CONSULTATION CLAUSE
Wile shall confer with Husband on all matters of importance relating to the children's
health, maintenance and education with a view towards obtaining and following a harmonious
policy in the children's best interests and shall keep Husband informed of the progress of the
children's education and social adjustments. Both parties shall mutually agree to incur any
expense described above.
13. LIABILITIES
(A) Each party represents that they have not contracted any debt or liability for the other
for which the estate of the other party may be responsible or liable, and that except only for the
rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for
which the other party or the estate of the other party, will be liable. Each party agrees to,
indemnify or hold the other party harmless from and against all future obligations of every kind
incurred by them, including those for necessities.
(B) Wife agrees to pay all of the mortgage payments and to indemnify Husband and hold
him harmless for any claim by the mortgage company for the real estate located at 1447
Goodyear Road. Dickinson Township. Cumberland County. Gardners, Pennsylvania.
(C) further. Wife agrees to be responsible for any and all outstanding debt previously
incurred by the parties, while they were married, with regards to a personal loan received from
Wife's stepfather. Robert Weidner.
(D) Additionally. Wife agrees to take responsibility for an bold Husband harmless for
any outstanding debt incurred for the purchase of Husband's vehicle. That debt was incurred by
using a credit card account.
(d) Therefore. Wife and Husband each covenant. ?earrant and represent and agree that
each will now and at all times subsequent April 20. 1998. hold harmless and keep the other
indemnified from all debts. charges mid liabilities incurred by the other party. expect as maybe
otherwise provided by the terms of this Agreement.
14. LEGAL FEES
Husband and Wife hereby agrees to be responsible for his or her own legal fees and
expenses incurred by this Divorce, Support. and Custody Action.
15. NO BAR TO FURTHER 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. It is agreed that this Agreement shall not be impaired by
anv divorce decree which may be granted but shall continue in full force and effect
notwithstanding the granting of any such decree. 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 occursubsequent to the date hereof.
16. MUPUAL RELEASE
Wifc and Husband 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, titles and interests, 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 she or he now has or at
any time herealler may have against the 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 ofa 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 Wife ntav have or at any time
hereafter have for past. present or future support or maintenance, alimony, alimony pendIente lite,
counsel fees, 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 tinder this Agreement or for the breach of any thereof. It is the intention of Wife
and Husband 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
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Agreement or 11or the breach of any thereof, subject, however, to the implementation and
satisfaction of the conditions precedent as set forth herein above.
17. OTHER DOCUMENTATION
Wife turd Husband covenant and agree that they will forthwith (and within at least thirty
days alter demand therefor) execute any and all written instruments, assignments, releases;
satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper
effectuation of this Agreement, and as their respective counsel shall mutually agree should be so
executed in order to carry out fully and effectually the terms otthis Agreement.
18. SUCCESSORS' RIGHTS AND LIABILITIES
This Agreement shall. except as otherwise provided herein, be binding upon and inure to
the benefit of the parties hereto, their respective heirs, executors, administrators, successors or
assigns.
19. ENTIRE AGREEMENT
Wife and Husband do hereby covenant and warrant that this Agreement contains all of the
representations, promises and agreements made by either of them to the other for the purposes set
forth in the preamble hercinabove; that there are no claims, promises or representations not
herein contained, either oral or written, which shall or may be charged or enforced or enforceable
unless reduced to writing and signed by both of the parties hereto; and the waiver of any term,
condition, clause or provision of this Agreement shall in no wav be deemed to be considered a
waiver 01",111v other term, condition, clause or provision ol'this Agreement.
20. "NDNG EFFECT' OF AGREEMENT
This Agreement shall remain in fill force and eliect unless and until terminated pursuant
to the terms oi'this Agreement. The failure of either party to insist upon strict performmice of
any of the provisions of this Agreement shall not be construed as a waiverofany subsequent
default of the same or similar nature.
21. SEPARABILITY
If any term, condition, clause or provision of this Agreement shall be determined or
declared to be void or invalid in law, or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other respects this Agreement,shall be
valid and continue in full force. effect and operation. Likewise, the failure of any party to meet
her or his obligations under any one or more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent. shall in no way avoid or alter the remaining obligations
of the parties.
22. NOTICE PROVISIONS
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(a) Notice to Husband shall be sent by certified nail, return receipt requested, to Aden D.
Miller. 210 Senate Avenue. Camp Hill. Cumberland County. Pennsylvania. 17011. or such other
address as Husband from time to time may designate in writing.
(b) Notice to Wife shall be sent by certified mail, return receipt requested, to Sherry L.
Miller, at 1447 Goodyear Road. Dickinson Township. Cumberland County. Gardners.
Pennsylvania, 17324, or such other address as Wife from time to time may designate in writing.
23. HEADINGS
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of this Agreement nor
shall they affect its meanings, construction or effect.
24. EFFECTIVE DATE
The effective date of this Agreement shall be the date upon which it is executed;
however, the transfer of the property provided for herein shall only take place upon the entry of a
final decree in divorce, unless otherwise indicated. The support provisions of this Agreement
shall take effect as indicated. Notwithstanding the foregoing, if a final decree in divorce; shall not
have been obtained within four (4) months from the date of execution of this Agreement, this
Agreement shall be null and void.
25. DISCONTINUANCE OF ACTIONS
1 3
Upon Elie implementation of the obligations which are to be performed by Husbmtd as
more particularly hereiouboee set forth, Wife will authorize herattontey. Paul Bradford Orr.
Esquire, to deliver to Husband, such orders and documents as may be necessary to niark.'settled.
discontinued and ended the pending proceedings as set forth hercinbel'ore to which shall:be
aluxecl Wile's consent thereto.
action in Pcmtsylvania orothcr jurisdiction and covenants and agrees that she Will not in
any legal proceeding in the (inure against Husband excepting Ibrthepurpose Of enforcing any
rights accruing to her under the terms of this Agreement.
Wife warrants and covenants that she has instituted no other legal
26. CONTROLLING LAW
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as
par e, el 'to kn c the receipt of a duly executed copy hereof.
LUJ
Witness Sherry L. Miller. Wif
e
(Oil
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Witness Aden D. Miller, Jr.; hisband
COMMONWEALTH OF PENNSYLVANIA
: SS.
Id
1
COUNTY OF CUMBERLAND
On this. the ill-t day or A24, 2000. before me. the
subscriber. a Notary Public for the Commonwealth-yo,,f Pennsylvania, residing in the County of
Cumberland, personally appeared A a.n. 0. /'I?16612 nd in due form of law
acknowledged the above Agreement to be her act and deed and desired the same to be recorded
as such.
Notaria! Seal
Heather L. Shire, Notary PnbliC
Carlisle Bore, Cumberland County
My Commission Expires Apr. 7, 2003
Member, Pennsylvania Assoc:alion or Nolanes
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND
On this, the %a day of ?J?J1 2000, before me, the"
subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of
Cumberland, personally appeared LIMiLtA 7WkI d in due form of law
acknowledged the above Agreement to be his act and deed and desired the same to be recorded
as such.
Notarial Seal J`I
Heather L. Smith, Notary Public
Carlisle Bore, Cumberland County
My Commission Expires Apr. 7, 2003 i
Member, PennsyNama Assoembon a: M1ataua:
15
The undersigned. Paul Bradford Orr, Esquire has carefully reviewed the contents of this
Agreement. The undersigned agrees that he will act as an Escrowee under the terms of this
Agreement and that each of us Will perform all of the obligations required to be performed as an
Escro«Wce under this Agreement.
Dated:_ ?j L3(o,
Paul
Orr, Esquire
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J
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SHERRY L. MILLER,
V.
ADEN D. MILLER, JR.
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS OF.
Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99-7029 CIVIL TERM
Defendant : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to the Court for entry of a divorce
decree:
Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code.
2 Date and manner of service of the complaint: November 27, 1999 by depositing complaint
in the U.S. Mail, postage prepaid, certified, return receipt requested. The original return receipt card was
signed by the Defendant indicting service was effected.
3. Date of execution of the affidavit of consent required by Section 3301(c) of the
Divorce Code: by the Plaintiff April 12, 2000; by Defendant April 11, 2000.
4. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary April 18, 2000.
5. Date Defendant's Waiver of Notice in §3301(c) Divorce was riled with the
Prothonotary April 18, 2000.
Dater I1, 2000
1 FORD ORR
Paul Bradford Orr, Esquire
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Supreme Court ID No. 71786
SHERRY L. MILLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA
V. : CIVIL ACTION - LAW
ADEN D. MILLER, JR. : NO. 99- 70a9
Cam„
Defendant : IN DIVORCE
NOTICE
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 in the Office of the
Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle.
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 RIGI-IT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone: (717) 249-3166
SHERRY L. MILLER, : IN TI-IL' COURTOF COMMON PLEAS OP
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
ADEN D. MILLER, JR., :NO. 99- 70.29 (,cum' Tug
Defendant : IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. Plaintiff is Sherry L. Miller, who currently resides at 1447 Goodyear Road, Gardners,
Cumberland County, Pennsylvania, since January 1988.
2. Defendant is Aden D. Miller, Jr., who currently resides at 210 Senate Avenue, Apartment
328, Camp Hill, Cumberland County, Pennsylvania, since April 1997 .
3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at
least six months immediately previous to filing of this Complaint.
4. Plaintiff and Defendant were married on August 28, 1982, in Gardners, Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties hereto in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. Plaintiff has 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 in Divorce.
I verify that the statements made in this Complaint are true and correct. 1 understand that
false statements herein are made subject to the penalties of IS Pa.C.S. § 4904, relating to unsworn
falsification to authorities.
Date: / Jll wm-&l -?0 //%'C/
Sherry L. Miller, Plaintiff
By:
uy?
Paul Bradford Orr
Attorneys for Plaintiff
50 E. High Street
Carlisle, PA 17013
(717) 258-8558
SHERRY L, MILLER, : IN THE COURT OF COMMON PLEAS Of
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAN
ADEN D. MILLER. JR. : NO. 99-7029 CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT OF SERVICE.
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND
AND NOW, this 5) day of1999,1 Paul Bradford Orr, Esquire,
attorney for SherryL. Miller, Plaintiff, in the above-captioned action, hereby swear that I have served a
true copy of the Divorce Complaint, executed by the Plaintiff in the above-captioned matter, upon the
Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested.
The original return receipt card signed by the Defendant on November 27, 1999 indicating service was
effected, is marked Exhibit "A", attached hereto and made a part hereof.
LAW OFFICES FOItD ORR
n QC 1 Dated: Q)
Bradford Orr, Esquire
Attorney for Plaintiff
50 East I ligh Street
Carlisle, PA 17013
(717) 258-8558
I.D. M 71786
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Ps Form 38111 December 19940259597-601
EXHIBIT "A"
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SHERRY L. MILLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
ADEN D. MILLER, JR.
Defendant
CIVIL ACTION - LAW
: NO. 99-7029 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
November 22, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to
unsworn falsification to authorities.
Date:
Sherry L. Miller, Plaintiff
SHERRY L. MILLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
ADEN D. MILLER, JR.
Defendant
CIVIL ACTION - LAW
NO. 99-7029 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301(c) OF THE DIVORCE CODE
1. 1 consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if 1 do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification
to authorities.
Date:, t -t ?rLC G ?a aUUO_ G?ic?(?? lcFil
Sherry L. Miller, Plaintiff
SHERRY L. MILLER. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
ADEN D. MILLER, JR.
Defendant
: CIVIL ACTION - LAW
NO. 99-7029 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
November 22, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to
unsworn falsification to authorities.
Date: y //- as
Aden D. Miller, Jr., Defendant
SHERRY L. MILLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
ADEN D. MILLER, JR.
Defendant
CIVIL ACTION - LAW
NO. 99-7029 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification
to authorities.
Date: `/-
Aden D. Miller, Jr., Defendant