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Home My WebLink About03-3536 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIONA K. MILLER, Plaintiff vs. CIVIL ACTION--LAW IN DIVORCE NO. D3-1SJ6. e-GJ;LY€fLYY1 DERRICK R. MILLER, 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. 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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. Court Administrator Cumberland County Courthouse 3 South Hanover St. Carlisle, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIONA K. MILLER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. DERRICK R. MILLER, Defendant NO. 0.6 -.3S3f.. G~~l L.y-~ COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DOMESTIC RELATIONS CODE AND NOW, comes Plaintiff, FIONA K. MILLER, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. Plaintiff is Fiona K. Miller, an adult individual, who currently resides at 633 North West Street, Carlisle, Cumberland County, Pennsylvania 17013 since February 28, 2003. 2. Defendant is Derrick R. Miller, an adult individual, who currently resides at 550 West Penn Street, Carlisle, Cumberland County, pennsylvania, 17013 since July 28, 1996. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 25, 1994 in Newville, PA 17241. 5. The Plaintiff and Defendant were separated on or about February 28, 2003. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The Plaintiff and Defendant are not members of the armed forces of the United States or any of its allies. 8. The Plaintiff avers that the marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The Plaintiff does not desire counseling. 10. Plaintiff requests the Court to enter a decree of divorce. Dated :/r.;l'/, d.tJt13 ~ ;// ~4 FIONA K. MILLER 633 NORTH WEST ST. Carlisle, PA 17013 (717) 243-6268 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIONA K. MILLER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. NO. DERRICK R. MILLER, Defendant VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. This Verification is made only as to the factual averments contained herein, and not to legal conclusions and averments authorized by counsel in her capacity as attorney for the party or parties hereto. 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. . ~f~ vFIONA K. MILLER t ~ (") c. ~ . "- a g Lv ~ -{) "6"- ~ =B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIONA K. MILLER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. NO. 03-3536 Civil Term DERRICK R. MILLER, Defendant NOTICE OF INTENTION TO REOUEST ENTRY OF ~3301(dl DIVORCE DECREE TO: DERRICK R. MILLER, DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter- affidavit to the ~ 3301(d) affidavit. Therefore, on or after , 2006, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter- affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIONA K. MILLER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. NO. 03-3536 Civil Term DERRICK R. MILLER, Defendant COUNTER-AFFIDAVIT UNDER SECTION 3301(dl OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both) : (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. . . . I verify that the statements made in this counter- affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 8 4904 relating to unsworn falsification to authorities. Date: Derrick R. Miller, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter- affidavit. n ~~~. ~, .;;::.::> 'C;-:J , - o " -< -r i'-;' -::.. SJ ~,' w CD c:: roc: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIONA K. MILLER, Plaintiff CIVIL ACTION--LAW IN DIVORCE VB. NO. 03-3536 Civil Term DERRICK R. MILLER, Defendant NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIONA K. MILLER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. NO. 03-3536 Civil Term DERRICK R. MILLER, Defendant AFFIDAVIT UNDER SECTION 3301(dl OF THE DIVORCE CODE 1. The parties to this action separated on February 28, 2003 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. S 4904 relating to unsworn falsification to authorities. Date: J.;JJ -06 /i::. ;7/>1//(' / , Fiona K. Miller, Plaintiff Co., '-;:";:l ~._.::-~ ..:,.', <-:.J -n -...; -r i-ll;;] ~ "......' (,) CD r~:':".) <....>:, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIONA K. MILLER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. DERRICK R. MILLER, Defendant NO. 03-3)J{. C;v'/ ~r"'l CERTIFICATE OF SERVICE AND NOW, this 7th day of August 2003, I, Derrick R. Miller, Defendant, hereby certify that I have this day been personally served with a certified copy of the Complaint in Divorce under section 3301(c) or 3301(d) filed by Fiona K. Miller, Plaintiff. ~ . . ~ / / . .:. D rrick ~il1€~ 550 West Penn Street Carlisle, PA 17013 (717) 241-6003 '-- ..-3. ~ c,,," ..... ".."~ ..,....,,~ '.:;0 r<~ '-'" -". .>'.'. ;."2 -(\ c~? C) / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIONA K. MILLER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. NO. 03-3536 Civil Term DERRICK R. MILLER, Defendant 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: irretrievab1e breakdown under 5 3301 (d) (1) of the Divorce Code. 2. Date and manner of service of the complaint: Persona1 service - handed to Defendant, Derrick R. Mi11er on August 7, 2003 3. Complete either paragraph (a) or (b). (a) Date required by g plaintiff of execution of the affidavit of consent 330l(c) of the Divorce Code: by ; by defendant (b) (1) Date of execution of the affidavit required by g 330l(d) of the Divorce Code: 3/22/2006 ; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 3/23/2006, US mai1,first-c1ass postage prepaid addressed to defendant, Derrick R. Mi11er at 550 W. Penn Street, Car1is1e, PA 17013. See Certificate of Service. - 4. Related claims pending: NONE 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: 4/12/2006 - US mai1,first-class postage prepaid addressed to defendant, Derrick R. Miller at 550 West Penn Street, Carlisle, PA 17013. (b) Date plaintiff's Waiver of Notice was filed with the prothonotary: Date defendant's Waiver of Notice was filed with the prothonotary: Date: 5/~/tJ6 L f /7~ ./ /' . Fiona K. Miller, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIONA K. MILLER, plaintiff CIVIL ACTION--LAW IN DIVORCE :J)l vs. ~ -- NO. 03-3536 civil Term DERRICK R. MILLER, Defendant NOTICE OF INTENTION TO REOUEST ENTRY OF ~3301(d) DIVORCE DECREE TO: DERRICK R. MILLER, DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter- affidavit to the ~ 3301(d) affidavit. Therefore, on or after "';,.~ :;. , 2006, the other party can request th court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter- affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. r ~,\ 1 c,--'~~. \~~- ~,';,"C.\.C~'_L \'- '---\J...~\.. ,_,~ (I.\. ,}' :<"\-,, '''''~'F'\ s,~_ Cc'^- \,'~"'- .'? I~ \, Co '\.-z, lll') ;;,~, -"10\0 o ,-- ~-' () -., =-~ r',l ::'-, :~ ~. ( <~ 1,-, r=' c... "',- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIONA K. MILLER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. NO. 03-3536 Civil Term DERRICK R. MILLER, Defendant COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both) : (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. . , ,. I verify that the statements made in this counter- affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: Derrick R. Miller, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any c1a~ for economic re1ief, you shou1d not fi1e this counter- affidavit. ~~O -- -r:'- ()J c....) \ .- '<. \.-.: ~ /;.-" 'Yo '0- '(:, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIONA K. MILLER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. NO. 03-3536 Civil Term DERRICK R. MILLER, Defendant CERTIFICATE OF SERVICE AND NOW, this 23rd day of March 2006, I Fiona K. Miller, served a copy of the filed Affidavit under 3301(d) and a copy of a Counter-affidavit under 3301(d) on Derrick R. Miller by U.S. Mail, first-class postage prepaid addressed as follows: Derrick R. Miller 550 W. Penn Street Carlisle, PA 17013 Z./;H -1'iona K( Miller ,;:-> ,;'; -:-} :~: r<' .::;') IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIONA K. MILLER, Plaintiff CIVIL ACTION--LAW IN DIVORCE vs. NO. 03-3536 Civil Term DERRICK R. MILLER, Defendant CERTIFICATE OF SERVICE AND NOW, this 12th day of April 2006, I Fiona K. Miller, served a copy of the notice of intention to file praecipe to transmit record under 3301(d) and a copy of a Counter-affidavit under 3301(d) on Derrick R. Miller by U.S. Mail, first-class postage prepaid addressed as follows: Derrick R. Miller 550 W. Penn Street Carlisle, PA 17013 ~ 7>1/A Fiona K. Miller (~...; , t") ..-' . (, (,---, :;,;' ,+t '+''+' '+' " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " '+'+''+''+'+':f.'+''+':f.:f.:f. '+' 'f. 'f '+':f. +. 'f. '+ '+':+: 'f. +.++ .. '+'++:f.'+'+ ;f;f+'+'+ 'f.+'+''f.;f+'f.'+'+'f.;+:'+'++1'++++++~ IN THE COURT OF COMMON PLEAS "" OFCUMBERLANDCOUNTY STATE OF FTONA K MTT.T.F.R PLAINTIFF VERSUS DERRICK R. MILLER DEFENDANT " " " " " " " ~ + " + " + + " + + AND NOW, DECREED THAT " " " + " " " " " " " " " " " PENNA. No. 03-3536 CIVIL TERM DECREE IN DIVORCE Mo..1 \~ , 100(0. IT IS ORDERED AND FIONA K. MILLER AND DERRICK R. MILLER ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE , PLAINTIFF, . DEFENDANT. YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT + " " " " " " " " + " " " " " " " " NONE " + + " " " " " " " + " " 1'~ ,., :I' + Of :I' + :I' :1':1' '+' Of ,., '+':1' + Of 1''f+1':I' BnH~~Tu~ Am~; PROTHONOTARY 1'Of+ Of+ ++:+:1'+++1':+:++ ++:f.++ + ++++++ +++: Of. + '+::+ + 'f. 1''' . " " + " " . " " " " " " " + + " + " + " " " " " " " " " + " " " " " " " " " " " " " " " " " + " + " " " " " " " " " " " " " " " " + + + " " + + " " " " " " " " " + " + + " " + " " + + " " " " Of + +. Of,.,.1' J. p ~ /t/""" rnJY. 1ifrLJ ;,y ? $'_- 4M -f"l or? de -; . , . -~