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HomeMy WebLinkAbout99-07415 I .41 .40. i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. i ............ e, - ........ - 99-7415 Civil,.•Term PAUL.. S...MILBURN ............................................ Versus :. .......................................... ,. i LESLIE. M.,._MILBURN. 3i DECREE IN DIVORCE y it is ordered and y AND NOW, ....... is PAUL S. MILBURN . . . . . . . . . . .plaintiff, decreed that ..................................... and LESLIE M. MILBURN......................... ........... . 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 s been entered; . EEMENT•DATED•FEBRUARY.11,.2002 ...... REQUEST THAT TERMS•OF gETTLEMENT AGR. ... and EXECUTED, BY THE•PAR TIES,•BE•INCORPORATED•AND••NOT•MERGED•TNTO THE DIVORCE._ &&AA?A _ a i i i ti i 1 i 1 i .............. Prothonotary cc• <%<e: ;e: te: •:%• :e ;?: •cr• :e• t?;%•:e> s> •:e> te: c%` •:e: •:e:• te: te: 7 as 6tl. Gcf `? ?t«A., Z? ecz-, MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this I/ I'\ day ofC?Ah(4f- 2002, by and between LESLIE M. MILBURN (hereinafter called "Wife") and PA L S. MILBURN (hereinafter called "Husband"), WITNESSETH: WHEREAS, Husband and Wife were married on August 20, 1988; and WHEREAS, There have been three (3) children born of this marriage, to wit: Cara J. Milburn, born April 15, 1989, Kenneth P. Milburn, born July 10, 1991 and Evie R. Milburn, born May 9, 1995; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem tit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. r 1N'I'ER,?E• Each party shall be tree from interference, authority an contact by the other, as fully as if he or she were single and unmarried except as may necessary to carry out the provisions of this Agreement. 3 WIFE'S DEBTS. Wife represents and warrants to Husband that as df the date of incur, she has not incurred, and in the future she will not contract or any debts or 1 liability for which Husband or his estate might be responsible and shall indemnify and save mands made against him by reason of debts or I harmless Husband from any and all claims or de obligations incurred by her. Any and all loans, and/or debts and charge accont thereof, a tly in ! Wife's name alone shall be Wife's sole and separate responsibility for payment Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4• HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of t debt date of the separation he has not incurred, and in the future he will not contract or incur, any or liability for which Wife or her estate might be responsible and shall indemnify and save ebts or harmless Wife from any and all claims or demands made against her by reason of d in Any and all loans, and/or debts and charge accounts, p esentlY • ,• obhgations incurred b Y him. for payment thereof, sole and separate responsibility Husband's name alone shall be Husband's and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. r. I' 5. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that I the provisions of this Agreement with respect to the distribution and division of marital an separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties in lieu of and hereby accept the provisions of this Agreement with respect to division of property now have or in full and final settlement and satisfaction of all claims and demands that they may II hereafter have against the other for the equitable distribution of their property by any court of 1) iis competent jurisdiction pursuant to Section 3502 of The Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 6. DIVISION OF PERSONAL PROPERTY ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. The parties expressly agree that Wife shall be entitled to exclusive ownership of the vehicle currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Wife agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. Husband shall be entitled to exclusive ownership of the vehicle currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this Paragraph full force and effect, upon request. 7. PENSIONS AND EMPLOYMENT BENEFITS. Husband is the owner of certain pension plans and/or retirement plans and/or employee stock or savings plans, which he has accumulated during the course of his past and/or present employment. It is specifically agreed that Wife shall forever relinquish to Husband, her right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of Husband. Specifically included herein are all benefits to which Husband is entitled through his employment with Tyco. The parties agree to execute any and all documentation necessary to effectuate the terns herein contained. 8. CHILD SUPPORT. Husband shall pay child support directly to Wife in the sum of $2,000.00 per month, commencing the first month following issuance of a Decree in Divorce. The parties herein acknowledge that support is modifiable pursuant to the Pennsylvania Family Support Guidelines, and that either party may petition the Court of Common Pleas Dauphin County, or any other court having appropriate jurisdiction, to establish a court order of support pursuant to such guidelines. ). CUSTODY. The parties shall have shared legal custody of the subject minor children. They shall regularly consult with each other relative to all important decisions regarding the subject minor children, including such matters as health, education and religion. Further, each of the parties is specifically empowered to authorize medical care for the subject minor children, and discuss the children's development with both medical caregivers and educators. Mother shall have primary physical custody of the parties' children during the school year and Father shall have periods of partial physical custody in accordance with the following schedule: a. Every Wednesday with the specific times to be arranged between Mother and Father; b. Alternating weekends from Friday evening until Sunday evening with the specific times to be arranged between Mother and Father; C. Holidays, vacations and summer times as mutually agreed upon by the parties. Upon Mother's death or incapacity, Father shall assume custody of the children. Mother shall agree to remain in Central Pennsylvania. Should Mother decide to relocate outside said area, she shall firstseefc Husband's written consent, or petition the court for PS^ approval to relocate. t.WA 10. ALIMONY. Husband shall pay to Wife the sum of $600.00 per month as alimony, commencing on or before the first day of the fast month following the issuance of a final Decree in Divorce, and continuing on or before the fast day of each month thereafter for a period of three (3) years. Husband's obligation for alimony shall terminate in the event of Wife's death, remarriage, or cohabitation. Alimony shall otherwise not be subject to modification by either party. For income tax purposes, alimony specifically shall be a deductible expense for Husband and includable as income for Wife. The parties acknowledge that the alimony provision set forth herein may be payable and enforced through the Domestic Relations Office of Dauphin County or any other court having appropriate jurisdiction upon request of either party. 11. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 12. LIFE INSURANCE. Husband agrees to maintain a life insurance policy on his life with a minimum death benefit of $100,000 naming the minor children as irrevocable beneficiaries until the youngest child attains age 18. Proof of beneficiary designation and payment of premiums shall be furnished annually upon request. Husband further agrees to pay to wife one-half of the cash value of any and all private life insurance policies as of November 1, 2000, said sum payable contemporaneously with execution of this Agreement. Documentation of the cash value of said policies shall be provided by Husband to Wife upon request. 13. HEALTH INSURANCE. Husband agrees to maintain health insurance coverage on behalf of the minor children as provided by his employer, and shall pay all costs of any uninsured health care costs of the children, including but not limited to medical, dental, optical, orthodontic and counseling expenses. Additionally, Husband shall provide medical and dental insurance for Wife under the following conditions: a. As long as medical insurance is provided to Husband by his employer free of charge; b. Husband shall have no responsibility to provide medical insurance coverage for Wife's optical, orthodontic or counseling expenses; C. Said provision applies to insurance coverage only and is not intended to provide assistance relating to any deductibles or uncovered medical or dental expenses; d. This provision, as it affects Wife only, shall terminate upon Wife's death, co- habitation or re-marriage. 14. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 15. SUBSEQUENT DIVORCE. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction, nor to bar the other from demanding any such suit. 16. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code contemporaneously with execution of this Agreement. 17. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. ff. 18. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by Max J. Smith, Jr., Esquire, attorney for Wife, and Sanford A. Krevsky, Esquire, attorney for Husband, and each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. 20. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 21. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this 7 W1W %?? Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Dauphin County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 24. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. The parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year fast above written. ?Jq I lie N Id,A WITNESS LESLIE M. MILBURN WITNESS PAUL S. MILBURN PAUL S. MILBURN, : IN COURT OF COMMON PLEAS I'llintiff : CUMBERLAND COUNTY. PENNSYLVANIA vs NO. 99-7415 CIVILTERM IN DIVORCE LESLIE M. M1L[3URN, Defendant PRAF C-1 PEE TO TRANSMIT RECORD To The Prothonot-Y: Transmit the record, together with the following infonuation, to the Court for entry of a divorce decree: ,301 1. Ground for divorce: irretrievable breakdown under Section x 3301 c & f? (dl (11 of the Divorce Code. the Complaint: December 23, 1999, First Class Mail. 2. Date and manner of service of .3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent & waiver of required by section 3301 (c) of the Divorce Code: by the Plaintiff on February 11, 2002; by the Defendant on February 6, 2002 (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: NN/A. (2) date of service of the Plaintiffs affidavit upon the Defendant: = 4. Related claims pending: Request that terms of settlement A •rcement dated Fe'oruar of the notice of intention to file praecipe to transmit . Date and manner of service 5 record, a copy of which is attached. Sanford . revsky.Esqu Attorney for Plaintiff PAUL S. MILBURN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. LESLIE M. MILBURN, : CIVIL ACTION - IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims sel forth in the following pages, you must take prompt action. You are warned that ifyou jail to do so, the case may proceed without you, and a Decree of Divorce or Annulment nuty be entered against you by the Court. A judgment may also be entered against you.for any other claim or relief requested h7 these papers by the plaintiff. }'ou may lose money or property or other rights important to you, including custody or visitation ofyour children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: Cumberland County Courthouse One Courthouse Square 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 2 Liberty Avenue Carlisle, PA 17011 (717) 249-3166 1-800-990-9108 PAUL S. MILBURN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA V. NO. 7111 < LESLIE M. MILBURN, : CIVIL ACTION - IN DIVORCE Defendant CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Paul S. Milburn, who currently resides at 409 Brook Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055, since September 18, 1999. 2. Defendant is Leslie M. Milburn, who currently resides at 510 Gale Road, Camp Hill, Cumberland County, Pennsylvania 17011, since January 6, 1998. 3. Plaintiff and Defendant are suigris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on August 20, 1988 in Troon Ayrshire, Scotland, United Kingdom. 5. The marriage is irretrievably broken. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there are three children of the parties under the age of 18. 9. "rhe parties have been separated as of June 20, 1999. COUNT 1. Request for No-Fault Divorce Under 3301(c) and (d) of the Divorce Code 10. Paragraphs one through ten are incorporated as if fully set forth herein. 11. The marriage of the parties is irretrievably broken. 12. After ninety (90) days have elapsed from the date of the tiling of this Complaint, Piaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 13. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. 14. Defendant is not now and has never been a member of the armed forces of the United States. 15. The parties intend to continue to living apart. WHEREFORE, if both parties file affidavits to a divorce after ninety days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. In the alternative, should the parties continue living apart for a period of time greater than two years, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT 11. Request for Equitable Distribution of Marital Property Under 3104 and 3502(x) of the Divorce Code 15. Paragraphs one through fifteen are incorporated as if fully set forth herein. 16. Plaintiff and Defendant have acquired tangible personal and intangible property during their marriage from the date of said marriage until the date of their separation. 17. Plaintiff and Defendant have yet to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. COUNT III CUSTODY 22. Paragraphs one through twenty one are incorporated herein by reference as if fully set forth herein. 23. Plaintiff is Paul S. Milburn, who currently resides at 409 Brook Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 24. Defendant is Leslie M. Milburn, who currently resides at 510 Gale Road, Camp Hill, Cumberland County, Pennsylvania 17011 25. Plaintiff seeks partial custody of the following children: A. Cara Milburn, 510 Gale Road, Camp Hill, Pennsylvania, Date of Birth, April 15, 1989 (10 years). B. Kenneth Milburn, 510 Gale Road, Camp Hill, Pennsylvania, Date of Birth, July 10, 1991 (8 years). C. Evie Milburn. 510 Gale Road. Camp Hill, Pennsylvania, Date of Birth, May 9, 1995 ( 4 years). D. The children were not born out of wedlock. E. The children are currently in the custody of Defendant. 26. During the past five years, the children has resided with the following persons at the following addresses. Defendant: 510 Gale Road, 9/18/99-present Camp Hill. Pennsylvania 17011 Plaintiff& Defendant: 510 Gale Road, 1/6/98-9/18/99 Camp Hill, Pennsylvania 17011 Plaintiff & Defendant: 7 Elmwood Garden Lenzie 11/90-1/98 Glasgow, Scotland G664EW 27. The mother of the children is Leslie M. Milburn currently residing at 510 Gale Road, Camp Hill, Pennsylvania, 17011. She is married. 28. The father of the children is Paul S. Milburn, who currently resides at 409 Brooke Circle, Mechanicsburg, PA 17055. He is married. 29 The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides alone. 30. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: A. Cara Milburn-daughter B. Kenneth Milburn-son C. Evie Milburn-daughter 31. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 32. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 33. The best interest and permanent welfare of the children will be served by granting the relief requested because he has been the primary care giver for the subject minor children since their birth. 34. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. i WHEREFORE, Plaintiff requests the Court to grant him custody of the children. DATE: IZ•? 1`' Respectfully Submitted: KREVSKY & ROSEN, P.C. Harrisburg, PA 17102 ID #15560 (717) 234-4583 Sanford A. Krcvfky-, Esqul' e Counsel for Plain 1101 North Front Street PAUL S. MILBURN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA V. NO. LESLIE M. MILBURN, : CIVIL ACTION - IN DIVORCE Defendant VERIFICATION 1, PAUL S. MILBURN, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: I a •S• ?7 r1 PAUL S. MILBURN F_ PAUL S. MILBURN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. LESLIE M. MILBURN, : CIVIL ACTION - IN DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this I ),\ day of December, 1999. 1, Lisa A. Rice, for the Law Firm of Krevsky & Rosen, P.C., hereby certify that I have this day served a copy of the Complaint in the above- captioned matter, by First Class U.S. Mail on the following: MAX J. SMITH, JR., ESQUIRE 134 SIPE AVENUE HUMMELSTOWN, PA 17036 Lisa A. Rice 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 I . I , I I . m w r PAUL S. MILBURN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99 -7415 CIVIL LESLIE M. MILBURN, : CIVIL ACTION - IN DIVORCE Defendant ACCEPTANCE OF SERVICE I, MAX J. SMITH, ESQUIRE, accept service of the Complaint in Divorce on behalf of Leslie M. Milburn, Defendant in the above-captioned matter, which was filed on December 10, 1999, in the Court of Common Pleas for Cumberland County. Dater Z?, ?9"l°1 ? ' DI. w'-(T J LESLIE M. MILBURN ¦ -, PAUL S. MILBURN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7415 LESLIE M. MILBURN : CIVIL ACTION - IN DIVORCE Defendant AFFIDAVIT OF CONSENT A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on December 10. 1999. 2. The marriage of plaintiff and defendant is irretrievably broken. Ninety days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of final decree of divorce after service of notice of intention to request entry of decree. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. I verily 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: //. G -L \1Y PAUL S. MILBURN J !' '1 L.. .) ?, :. PAUL S. MILBURN, Plaintiff V. LESLIE M. MILBURN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7415 CIVIL ACTION - 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 in divorce without notice. 2. 1 understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I 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: La u PAUL S. MILBURN PAUL S. MILBURN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99-7415 CIVIL LESLIE M. MILBURN, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 10, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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. Section 4904, relating to unswom falsification to authorities. Date: ?•L1.01. G(eIk U,.t(kk-_- LESLIE M. MILBURN ;- ?? - ?' L__ ? .I 1 i l PAUL S. MILBURN, Plaintiff VS. LESLIE M. MILBURN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7415 CIVIL CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a Final Decree of Divorce without further 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. Section 4904, relating to unsworn falsification to authorities. Date: 2 4.02. l.o bbu \.W% LESLIE M. MILBURN 1I ;r - c L l PAUL S. MILBURN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. 99-7415 LESLIE M. MILBURN, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE You are hereby notified to file a written response to the enclosed Counterclaims within twenty (20) days from service hereof or ajudgment may be entered against you. MAX J. SMITH, J Esquire Attorney for Defendant P.O. Box 650 Hershey, PA 17033 (717) 533-3280 PAUL S. MILBURN, Plaintiff IN "1'FIE COURT OP COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-7415 LESLIE M. MILBURN, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE AND NOW comes the Defendant, LESLIE M. MILBURN, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully Answers the above-referenced Complaint in Divorce as follows: 1•-8. Admitted. 9. Denied. The parties separated on June 23, 1999. COUNTI 10. Neither admitted nor denied, as no response is required. IL Denied. Defendant is not convinced that the marriage is irretrievably broken, and herein requests that counseling be directed in an attempt to salvage the marriage. 12. Denied. At this time. Defendant does not intend to sign consent forms to a 3301(c) divorce. 13.-14. Admitted. 15. Denied. In the event marital counseling is successful, the parties will not continue to live apart. COUNT II EQUITABLE DISTRIBUTION 15. Neither admitted nor denied, as no response is required. 16.-17. Admitted. COUNT 111 CUSTODY 22. Neither admitted nor denied, as no response is required. 23.-32. Admitted. Byway of further response, while it is acknowledged that Plaintiff is seeking custody, the best interests of the children require that they remain in their mother's primary custody. 33. Denied. It is denied that Plaintiff should be awarded primary custody, as the children's best interests require that they reside primarily with Defendant, subject to Plaintiff's right to partial custody. 34. Admitted. COUNTERCLAIM COUNT I V ALIMONY 35. Paragraphs one (I) through thirty-four (34) are incorporated herein by reference as though set forth in full. 36. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 37. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 38. Plaintiff earns substantially more income per year than Defendant and has substantial assets. 39. Defendant requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final !tearing and permanently thereafter. COUNT V ALIMONY PENDENTE LITE. ATTORNEY FEES. COSTS AND EXPENSES 40. Paragraphs one (1) through thirty-nine (39) are incorporated herein by reference as though set forth in full. 41. By reason of this action. Defendant will be put to considerable expense in the preparation of her case. in the employment of counsel and payment of costs and expenses. 42. Defendant is without sufficient means to support herself and to meet the costs and expenses of this litigation, and is unable to appropriately maintain herself during the pendency of this action. 43. Defendant does not have adequate income to provide for her reasonable needs and pay her counsel fees and the costs and expenses of this proceeding. 44. Plaintiff has adequate earnings to provide for the support of Defendant during the pendency of this litigation and to pay her attorney lees, costs and expenses; and therefore Defendant demands counsel fees and expenses under Section 3702 of the Divorce Code. WHEREFORE, Defendant prays this Honorable Court to: (a) dismiss Plaintiffs divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code; (b) equitably divide the marital property remaining between the parties, at such time as is appropriate; (c) deny Plaintiffs request for legal and physical custody of the children, and instead award primary physical and legal custody to Defendant. (d) order the Plaintiff to pay alimony to the Defendant; (e) award Defendant alimony pendente lite. reasonable attorney fees, costs and expenses; and (f) order such further relief as the Court may determine equitable and just. Respectfully submitted, Date: January 5, 2000 l/ MAX J. SMITH, J ., Esquire Attorney for Defendant P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Answer with Counterclaims are true and correct. I understand that false statements herein are made subject to the penalties of 18 Ila. C.S. Section 4904. relating to unsworn falsification to authorities. Ig yifou i-Lil1O?- LESLIE M. MILBURN ;fl:ct? PAUL S. MILBURN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7415 LESLIE M. MILBURN, : CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW. this J day of January. 2000. 1, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Def'endant's Answer and Counterclaim to Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Krevsky & Rosen, P.C. Attn: Sanford A. Krevsky, Esquire 1101 North Front Street Harrisburg, PA 1 71 02-3 324 4G1 MAX J. SMITH, JR., Es ire I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY t.i.r P.O. Box 650 Hershey, PA 17033 (717) 533-3280 n' ?- c n.: " r. LL u i? r Y 1- Z D H z a W ? .`Oz z U) 4 44 44 4J a 4 O a z 1 'a z z c r. o w •a 4) 2: 04 (0 44 w ° Q u?H z z . H ?.7 O4 0 O U z 0O I a a Q d 'U O H' a > £ 2 R . o a H W H a a a w wz ? 1 V w E £ > Q P a to 1 HUUH a a 1 r . -. '?z`i PAUL S. MILBURN, Plaintiff VS. LESLIE M. MILBURN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7415 CIVIL CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 23" day of March, 2000, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that 1 have this day sent Interrogatories in Divorce Action by deposit- ing same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Krevsky & Rosen, P.C. Attn: Sanford A. Krevsky, Esquire 1101 North Front Street Harrisburg, PA 17102-3324 JJ. SMITH, JR., squire I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 L' y r Uj C?7 fl -i •' r c.Y CJ ,z Na a> a N w .- ro H 4-1 ow c > as ro w N o E-1 0 001 a a W HUZ (A H U SQ ° s 4 ozEU V " ?5? a40 £ H . W 7. > N W a V] . LC W ?.7H H W V N HU H W V a r'+ ? s ':1 PAUL S. MILBURN, Plaintiff vs LESLIE M. MILBURN, Defendant IN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7415 CIVIL TERM IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM TO COMPLAINT IN DIVORCE AND N OW, comes the Plaintiff, PAUL S. MILBURN, by his attorney, SANFORD A. KREVSKY, Esquire, and respectfully Answers the Counterclaim of Defendant filed, relative to the above-referenced Complaint in Divorce, as follows: COUNTERCLAIM COUNT IV 35. No response necessary. ALIMONY 36. Denied. Defendant has good health, a Bachelor of Arts Degree and skills in retail Sales Management. 37. Denied. Between the equitable division of the marital assets and Defendant's own income, she will have sufficient resources to maintain her standard of living. 38. Admitted as to the income differential; however, Plaintiff assets are mostly marital. { TM 39. No response necessary. COUNT V ALIMONY PENDENTE LITE ATTORNEY FEES COSTS AND EXPENSES 40. No response necessary. 41. Denied. Plaintiff will not cause Defendant to incur major expenses or costs as he will reasonably approach both dissolution of the marriage and equitable distribution of the marital estate. 42. Denied; see answers to No.(s). 37 & 41. 43. Denied; same as above. 44. No response necessary. WHEREFORE, Plaintiff prays this Honorable Court to deny Defendant's request for Alimony Pendente Lite, attorney fees and expenses. Respectfully submitted, Date: G-5 rA SANFO VSKY, Esquire Attorney for iff Krevsky & Rosen, P.C, 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 VERIFICATION I verify that the statements made in this Answer with Counterclaim are true correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. PAUL S. MILBURN PAUL S. MILBURN, Plaintiff vs LESLIE M. MILBURN, Defendant IN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7415 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this S4" '? day of June, 2000, I, Lisa A. Rice, for the Law Firm of Krevsky & Rosen, PC, hereby certify that I have this day sent the Answer to Counterclaim in Divorce Action by depositing same in the United States mail, postage prepaid, addressed to: Max J. Smith, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP P.O.650 Hershey, PA 17033-0650 l t isa A. Rice KREVSKY & ROSEN, PC 1101 North Front Street Harrisburg, PA 17101 (717) 234-4583 G `yI I' H. ?` CT r Q ` u n C) C .. i 27 7 .r IJ .;L a ?? t ?? w?u i U C-n .,.., W Z ? ZO EO E C G W C =` 3z° a a LLS?` . 0W N u934 Unoz •? zU) a? H X 44 LH QV zrl N O OW 0 ?H z 5a . . Z LLan E - E 2 man - H in (q 4 H Z = Z) Cu E4 4 14 to O V H iQ W r.ti V £ z ' z z 0 rn rn W - IAS .. S x K . H _ 4 FL (]E z W - Z H P4 g _: