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Home My WebLink About99-07566i r- `L u t THOMAS T. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY : PENNSYLVANIA V. NO. 99-7566 CIVIL KATHERINE, K. MILLER Defendant CIVIL ACTION - LAW DIVORCE RULE TO SHOW CAUSE WHY BIFURCATION SHOULD NOT BE GRANTED AND NOW, this/4 day of rMa.2.o-/ , 2003, upon consideration of the within Petition, a Rule is entered upon Respondent to show cause why the request for bifurcation should not be granted. RULE RETURNABLE with hearing thereon the/-/ L?day of 2003, at c,. m. in Courtroom Ll, Cumberland County Courthouse, Harrisburg, Pennsylvania. BY THE COURT: ._ -:., ?. ? .., _: ??5 _:: ?( ?'° o ,n ?; ?" THOMAS T. MILLER Plaintiff V. KATHERINE K. MILLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 99-7566 CIVIL : CIVIL ACTION - LAW : DIVORCE PETITION FOR BIFURCATION TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES Petitioner, Thomas T. Miller, by his attorney, Melanie L. Erb, Esquire and the law firm ofSERRATELLI, SCHIFFMAN, BROWN & CALHOON and requests that this Honorable Court grant him a Bifurcation in the above captioned matter and in support thereof, avers as follows: Petitioner is the Plaintiff in the above-captioned matter. 2. Respondent is the Defendant in the above-captioned matter. I The panies were married on September t, 1975, in the State of New York. 4. On December 20, 1999, Petitioner filed a Complaint in Divorce, alleging as the grounds therefore, the irretrievable breakdown of the marriage. 5. On or about August 6, 2002, Defendant filed a Petition for Equitable Property Distribution, alimony, alimony pendente lite, counsel fees and costs. 6. The parties have lived separate and apart since October 15, 1999 as alleged in Defendant's Affidavit which is being filed with the Court simultaneously herewith. 7. The parties have been unable to resolve the ancillary economic claims to this divorce matter. 8. The Pennsylvania Divorce Code permits bifurcation where the parties have lived separate and apart for a period of at least two years and where the marriage is irretrievably broken. 9. The granting of bifurcation will further the public policy considerations as set forth in the Divorce Code, as amended, and will not prejudice the rights and interests of Respondent. WHEREFORE, Petitioner, Thomas T. Miller, respectfully requests that this Honorable Court grant him a Bifurcation. Specifically, Petitioner requests that this Court bifurcate the divorce from the pending economic claim and reserve jurisdiction over the claim raised by the Petitioner. Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. e g iie . Erb, sq. I. D. # 84445 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717)540-9170 Attorney for Petitioner THOMAS T. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY :PENNSYLVANIA V. NO. 99-7566 CIVIL KATHERINE K. MILLER Defendant CIVIL ACTION - LAW DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the allegations will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. The parties to this action separated on October 15, 1999 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights conceming spousal support, alimony, division of marital property, attorney'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 TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF iS PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: 2-2d-6 Thomas T. Miller VERIFICATION I verify that the statements made in this Petitioner 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. Dated: a'a2-0,3 ?:a ? L& Thomas T. Miller N C ? L?? = l c LD •<n '-.L. 4J l:il t4_ ? ?? -s THOMAS T. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99 - 7S& KATHERINE K. MILLER, CIVIL ACTION- LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of you 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 in the Office of the Prothonotary at the 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 AVISO USTED FIA SIDO DEMANDO/A EN CORTE. Si ustcd desea defendcrse de ]as demandas que se presentan mas adelante en ]as siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de csta Detnanda y Aviso radicando personalmente o per medio de tin abogado una comparecencia escrita y radicando en la Corte per escrito sus defensas de, y objecciones a, ]as demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo per cualquier suma de dentro reclamada en la demands o cualquier otra reclamation o remedio solicitado per el demandante puede ser dictado en contra suya per la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAFARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 THOMAS T. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99. 9566 KATHERINE K. MILLER, CIVIL ACTION- LAW Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE I. Plaintiff is Thomas T. Miller, (social security no. 102-44-3844) who currently resides at 1108 Quincy Circle, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Katherine K. Miller, (social security no. 114-44-1186) who currently resides at 1108 Quincy Circle, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents in this Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 1, 1978 in the State of New York. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Services of the United States or any of its Allies. The marriage is irretrievably broken. 8. 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. 9• Plaintiff avers that there are children of the parties under the age of eighteen (18) years of age, namely: JONATHAN MILLER BORN MAY 15, 1983 ALICE MILLER BORN SEPT. 20,1990 WHEREFORE, the Plaintiff requests that the court enter a decree of divorce dissolving the marriage between the Plaintiff and the Defendant Respectfully submitted, Michael Seder, Esq. 2080 Linglestown Road, Suite 202 Harrisburg, Pennsylvania 17110 Tele. (717) 234-3911 Attorney ID No. 07115 Attorney for Plaintiff Charles Rees Brown, Esq. 2080 Linglestown Road, Suite 202 Harrisburg, Pennsylvania 17110 Tele. (717) 526-4424 Attorney ID No. 70612 Attorney for Plaintiff Verification verify that the statements made in this Complaint are true tatements herein are made subject to the penalties of 18 m falsification to authorities. t!!?J V Thomas T. Miller 1 CERTIFICATE OF SERVICE 1, the undersigned, hereby certify that I served a copy of the foregoing Complaint upon the following party by 1) United States mail, certified, restricted delivery to the following addressee, postage prepaid; and 2) United States mail, first class, postage prepaid, addressed as follows: Katherine K. Miller, 1108 Quincy Circle, New Cumberland, PA 17070 Charles Rees Brown C. Lt. - j _. l_ L? C? n CV L L? G. X1,11 C) C? (0 r( 4 MAR 21 2D0V t THOMAS T. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99- 75?? CIVIL KATHERINE K. MILLER, Defendant CIVIL ACTION - LAW CUSTODYNISITATION ORDER OF COURT AND NOW, this Q1 day of Mc,cch 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel apppear bef re 1 P?t1c1? , the conciliatoat ?(?•?, \iCl?? l?an?n I ti l? , Pik on the day of 2000, at (.m., for a Prehearing Custody/Visitation Conference. At such confer ice, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody/visitation action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: AI?Ano U. , Custody Conciliator 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. OFFICE OF THE COURT ADMINISTRATOR COURT HOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 00prI E;9 PEN?1'SY?i{.y?j,? 7dTY i THOMAS T. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL NO. KATHERINE K. MILLER, Defendant CIVIL ACTION-LAN COMPLAINT FOR VISITATION 1. The Plaintiff is Thomas T. Miller, residing at 209 '/2 Reno Avenue, New Cumberland, Cumberland County, PA 17070. 2. The Defendant is Katherine K. Miller, residing at 1108 Quincy Circle, New Cumberland, Cumberland County, Pennsylvania 17070. 3, Plaintiff seeks visitation of the following children: Age 16 Jonathan Miller 1180 Quincy Circle New Cumberland PA 4. The children were not born out of wedlock. 5. The children are presently in the custody of Katherine K. Miller, who resides at 1108 Quincy Circle, New Cumberland, Cumberland County, PA 17070 6. During the past five (5) years, the children have resided with the following persons, at the following addresses: 11/99 - Pres. Katherine K. Miller, 1108 Quincy Cir. New Cumberland PA Katherine K. and Thomas T. Miller, 1108 uinc Cir. New Cumb. PA 8/99 - 11/99 10/94 - 8/99 Katherine K. Miller 56 Circuit Rd. Bell ortNY 7. The mother of the children is Katherine K. Miller, currently residing at 1108 Quincy Circle, New Cumberland, PA 17070. She is married. 1 1 - ,cp S. The father of the children is Thomas T. Miller, currently residing at 209 % Reno Avenue, New Cumberland, PA 17070. Fle is married. 9. The relationship of the Plaintiff to the children is that of father-son and fathcr-daughter. 10. The Plaintiff currently resides with the following persons: NONE 11. The relationship of the Defendant to the children is that of nnothcr-son and mothcr- daughter. 12. The Defendant currently resides with the following persons: Jonathan Miller, son Alice Miller, daughter 13. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody or visitation of the children in this or another court. 14. The Plaintiff has no information of a custody or visitation proceeding concerning the children pending in a court of this Commonwealth. 15. The 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. 16. The best interests and pernnanent welfare of the children will be served by granting relief requested because regular, continuing and meaningful contact between rather and children will encourage a positive parent-child relationship. At present the father is prevented from regular, continuing and nncaningful contact with the children by the actions of the custodial parent. 17. 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. All 1) A other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: NONE Wherefore, the Plaintiff requests the Court to grant visitation of the children. Respectfully submitted, //`/,./l --3//5/70q Michael Seder, Esq. ID 07115 2080 Linglestown Road, Suite 202 Harrisburg, PA 17110 (717) 234-3911 Charles Rees own, Esq. ID 70612 2080 Linglestown Road, Suite 202 Harrisburg, PA 17110 (717) 526-4424 Attorneys for Plaintiff 3 4 Verification 1, verify that the statements made in this Complaint are true and correct. I understand Thal false statements herein are made subject to the penalties of 18 Pa.C.S. $ 4904, relating to falsification to authorities. 4 ?1 cy `r? V Thomas T. Miller 9!$/0? CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of the foregoing Complaint upon the following party by 1) United States mail, certified, restricted delivery to the following addressee, postage prepaid; and 2) United States mail, first class, postage prepaid, addressed as follows: Katherine K. Miller, 1103 Quincy Circle, New Cumberland, PA 17070 C Charles Rees Brown /s/oo lit Ci. N ?G 0 . ^ ?:. cl. p p U PRAECIPE FOR ENTRY OF APPEARANCE KATHERINE K. MILLER, PLAINTIFF V. THOMAS T. MILLER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 99-7566 DIVORCE TO PROTHONOTARY: Please enter the appearance of N. Christopher Menges, Esquire whose address is MENGES, GENT & McLAUGHLIN, LLP 145 East Market Street York, PA 17401 Telephone: 1-717-843-0846 as Attorney for Katherine K. Miller, Plaintiff in the above captioned case. Date: NXHRISTQ( Sup. Ct. I.D. #23166 ay .« A ' i. G : G fL w U V THOMAS T. MILLER, ) Plaintiff ) VS. ) KATHERINE K. MILLER, ) Defendant ) IN THE COURT OF OF CUMBERLAND PENNSYLVANIA COMMON PLEAS COUNTY, NO. 99-7566 CIVIL TERM CIVIL ACTION - LAW ORDER AND NOW, this /0 " day of P?6dg 2000, upon receipt of the Conciliator's Report and his recommendation contained therein, it is hereby Ordered and directed as follows: 1. The parties shall have joint legal custody of their minor children, Jonathan Miller, d.o.b. May 15, 1983, and Alice Miller, d.o.b. September 20, 1990. 2. Mother shall have primary physical custody of the minor children subject to periods of partial custody and visitation with Father as follows: A. Father shall have both children each week on Wednesday and Thursday evenings from 4:00 p.m. until 8:00 p.m. B. Father shall have alternating weekends from Friday at 4:00 P.M. until Sunday at 7:00 p.m., except that with regard to Alice, for the first two periods of this partial custody schedule, Father shall only have Alice from Saturday at 9:00 a.m. until Sunday at 7:00 p.m. This temporary modification will occur for two (2) periods of partial custody and thereafter Alice shall be with her Father on the full alternating weekend schedule. "this alternating weekend schedule shall commence on Friday, May 5, 2000. 3. The parties shall alternate the major holidays, those holidays are being defined as Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Easter. Mother shall have Memorial Day in 2000, and the schedule shall alternate thereafter. These periods of partial custody and visitation shall be from 9:00 a.m. until 8:00 P.M. 4. The Christmas holiday shall be broken into two segments. Segment A shall be from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon; Segment B shall be from Christmas Day at 12:00 noon until December 26°i at 12:00 noon. Mother shall have Segment A in 2000 and all even years thereafter and Segment B in 2001 and all odd years thereafter. Father shall have Segment A in 2001 and all odd years thereafter and Segment B in 2000 and all even years thereafter. 5. Mother shall have the children on Mother's Day and Father shall have the children on Father's Day. These periods of exclusive custody shall be from 9:00 a.m. until 8:00 p.m. 6. Both parties shall be entitled to one uninterrupted week of summer vacation with the children. The parties shall provide each other with thirty (30) days advance notice as to when they intend to exercise this period of exclusive custody. 7. Such other times as the parties may agree. BY THE COURT, Charles Rees Brown, Esquire Katherine K. Miller, pro se 1108 Quincy Circle New Cumberland, PA 17070 ,5-11-00 RKS mlb THOMAS T. MILLER, Plaintiff ) VS. ) KATHERINE K. MILLER, ) Defendant ) JUDGE PREVIOUSLY ASSIGNED: None. CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this M THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7566 CIVIL TERM CIVIL ACTION - LAW litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Jonathan Miller Alice Miller May 15, 1983 September 20, 1990 Defendant Defendant 2. A Conciliation Conference was held on May 4, 2000, and the following individuals were present: the Plaintiff and his attorney, Charles Rees Brown, Esquire; the Defendant appeared pro se. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiffs position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: May 9, 2000 Michael L. Bangs Custody Conciliator ° FFI 9 2004 THOMAS T. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY : PENNSYLVANIA V. NO. 99-7566 CIVIL KATHERINE K. MILLER CIVIL ACTION-LAW Defendant DIVORCE RULE TO SHOW CAUSE AND NOW, upon consideration of Petitioner's Petition to Withdraw Appearance as Counsel for Plaintiff, A RULE IS HEREBY ISSUED upon Plaintiff to show cause, if any, why Petitioner's Motion should not be granted. This Rule is returnable within /o days of service. BY THE COURT! d 4 ,L_4-10r CF TF" P.7-DT!:-!D;,..,., 2004 FED I I AI'1 U): 4 2 CU.•. ??a' `-V O t THOMAS T. MILLER Plaintiff V. KATHERINE K. MILLER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : PENNSYLVANIA : NO. 99-7566 CIVIL CIVIL ACTION - LAW DIVORCE PETITION OF MELANIE L. ERB, ESQUIRE TO WITHDRAW APPEARANCE AS COUNSEL FOR PLAINTIFF Melanie L. Erb, Esquire, hereby respectfully petitions this Honorable Court for leave to withdraw her appearance as counsel for Plaintiff and in support thereof avers as follows: Petitioner is Melanie L. Erb, Esquire. Respondent is Thomas T. Miller, an adult individual who currently resides at 209 Reno Street, New Cumberland, Pennsylvania 17070. 3. Petitioner was retained by Respondent on or about July 8, 2002, to represent Respondent as Plaintiff in a divorce matter. 4. Petitioner has undertaken representation but is unable to continue because Respondent has failed to pay Petitioner's fees as billed in accordance with their Representation Agreement. 5. Pursuant to the Representation Agreement entered into between the Petitioner and the Respondent, a copy of which is attached hereto as Exhibit "A", Respondent agreed to remit payment within thirty (30) days of receipt of Petitioner's billing. Petitioner reserved the right to terminate the representation if Petitioner's bills went unpaid and satisfactory payment arrangements could not be made. G. Presently, billings have been outstanding for more than thirty (30) days and the current outstanding balance is more than $3,800.00. Petitioner has notified Respondent of the overdue account on numerous occasions. 8. Respondent has made only one payment of $400.00 in the past 13 months. 9. There are no matters currently scheduled for this court within any time that will not allow Plaintiff sufficient opportunity to obtain new counsel if he so chooses. WHEREFORE, Petitioner respectfully requests this Honorable Court grant Petitioner's request for leave to withdraw. Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN PC & CALHOONAEsquire Y L. E I.D. No.: 84445 Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Dated: February 2, 2004 Thomas T. Miller 209 %: Reno Street New Cumberland, PA 17070 March 1, 2002 LORI K. SEP.RATELLI 12E: Representation Agreement STEVEN J. SCHIFFMAIJ Dear Mr. Miller: MICHAEL F. BROWN firmation of our firm's representation of RONALD L. CALHOON This letter is to serve as con ou and clarification of the general basis upon which fees will be charged by y our firm to represent you with regard to your divorce matter. F. R. MARTSOLF You will be billed for services rendered in this case at the following STEVEN 0. SPAHR hourly rates: JOHN D. $HERIDAN ° ,00 Lori K. Serratelli $200 $200 DEBORAH L. PACKER .00 Melanie Erb Deb Evangelisti (paralegal) $100.00 MELANI" L. ERB You should anticipate several thousand dollars in attorneys fees will GARTH A. STEPHEIISO14 l be incurred to reach a settlement and consensual divorce. If hearings are of Counse 11AD & DC Bar, Only) required, you should anticipate $5,000 to $10,000 in fees will be incurred. The amount of fees will depend primarily upon the time, effort and • [Admitted PA & NII .. . . . ..... .. work product expended on your behalf, as well as consideration of the course . . which you choose to take. However, there are minimum hourly fees as indicated below: 1. .3 hours for incoming and outgoing teiephone calls and correspondence. SUITE ?n1 2. For preparation of Matrimonial 211110 LI,,,;LC„"„IN RI) %T) Settlement Agreements, there is a minimum fee of $750.00. H a:al,uuer.. PA 3. For attendance at Support Conference, 1.1101,67(1 there is a minimum fee of $500.00, plus travel time. (717) 540-9170 4. For attendance at Support Court or a F,,> (717. San-?,?r•,1 Custody Conciliation Conference, there is a minimum fee of $750.00, plus travel time outside Dauphin County. sht ^_'.chc •la;crrn;, EXHIBIT A Jt 4 t I f' Thomas Miller March 1, 2002 Page Two Initial filing fees and costs are required to be paid in advance as well. Thereafter, you will be billed as these costs are incurred. We will maintain time records which will be reflected in our monthly, itemized bill. At any time, you may request an itemized statement to review these records. It is understood that during the course of our representation, our time will be kept at the hourly rate, as discussed above, with charges in six-minute intervals with certain minimum charges such as indicated above. These include charges for incoming and outgoing telephone conversations and correspondence, drafting of documents, negotiations, investigation, legal research, court time, travel, and all other work performed on your behalf. During the course of your case, if time charges near or exceed the amount of the retainer, you will receive additional bills in accordance with our firm's policy, normally on a monthly basis. In consideration for the modest retainer request, we expect you will stay current on the monthly statement. If that becomes a problem, you may establish a minimum monthly payment plan with the office manager. Legal costs and expenses incurred are always the obligation of the client and must be paid by you. By entering into this agreement you give us the authority to make advances on your behalf in such amounts as we determine best in representing you in your case, specifically for such items as long distance telephone charges, photocopies, excessive postage, travel expenses, and other ordinary and necessary expenses. We may require you to pay for extraordinary expenses in advance, such as court reporter costs, investigators, or other large expenses. However, if we determine that such services are necessary and we advance the costs for such, it is your responsibility to reimburse us for those expenses. All bills as submitted iwQ W a. -- - We will send you a carefully itemized bill indicating the service and time spent in rendering the service. Any questions on the billing statement should be directed to the Office Manager. Any billing which is delinquent by sixty (60) days or more, will accrue interest at the rate of 10% per annum. If an outstanding balance continues to remain delinquent without the remittance of Thomas Miller March 1, 2002 Page Three monthly payments, we shall exercise our right to petition the Court to withdraw from the case, unless satisfactory arrangements for payment can be made. In the event we are required to institute any legal action for collection of fees or costs due us for services, we have a right to also receive reasonable attorneys' fees and costs involved in bringing such action. 6 of the case. In the i ne run c„,b,? IULX• settlement, you event you are to receive a lump-stem settlement in a property hereby authorize me to receive the funds asyour attorney and deduct any outstanding fees and costs owed to the firm before disbursing the remaining funds to you. If you are the plaintiff in the action, we require payment in full of your outstanding balance before we will finalize the divorce action. We make no promises as to the disposition of your case. We will put forth our best professional effort on your behalf and attempt to provide you with the most satisfactory resolution of your case. Please acknowledge receipt of this letter and your acceptance of the terms herein by signing this original and returning it, along with the requested retainer, to me in the enclosed envelope. You may keep the copy your records. Thank you. Sincerely, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. c Melanie L. Erb Dated:- Thomas Miller roe Enclosure a>maZt w}® I; ft CERTIFICATE OF SERVICE j r, I, Melanie L. Erb, Esquire, hereby certify that I have served a true and correct copy of the foregoing document by depositing such in the regular U. S. Mail, addressed as follows: Thomas T. Miller 209 %x Reno Street New Cumberland, PA 17070 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17110 Dated: p2 71 / Harrisburg, PA 17110 (717) 540-9170 Y 2 C, O I Cl C.1 :.1 J (7 ~ >, ?nc i s °o U N By: Stephen J. Barcavage, Esquire Owens Barcavage & McInroy, LLC ID # 78867 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 717-909-2500 Attorney for Plaintiff ?f T[,F LED-OFFICE _ 2011 JAN 31 PM 2.0 9 CUMBERLAND COUNTY PENNSYLVANIA THOMAS T. MILLER, Plaintiff VS. KATHERINE K. MILLER, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99 - 7566 DIVORCE ACTION MOTION FOR APPOINTMENT OF MASTER AND NOW, comes Plaintiff, Thomas T. Miller, by and through his counsel, Owens Barcavage & McInroy, and hereby files the Motion for Appointment of Master with respect to the following claims: Divorce. 1. Discovery is complete as to the claim for which the appointment of a master is requested. 2. The non-moving party has appeared in the action personally. 3. The statutory ground for divorce is SECTION 3301(d). 4. The action is contested with respect to the following claims: Divorce. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 2-3 hours. WHEREFORE, Plaintiff prays this Honorable Court to appoint a Master so that a Decree in Divorce divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant can be granted. Date: r 2 el Z° 11 p n J. Barcavage BA86677 Owens Barcavage & McInroy, LLC 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717)909-2500 . a. CERTIFICATE OF SERVICE AND NOW, this day of January, 2011, I, Kara E. Straub, an employee of the firm of Owens Barcavage & McInroy, LLC, hereby certify that I have this date served a copy of the foregoing document pursuant to Pa.R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 (,h I A - Kara-Y. Straub . ,r V S THOMAS T. MILLER, Plaintiff vs. KATHERINE K. MILLER, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99 - 7566 DIVORCE ACTION ORDER AND NOW, this Mtday of , 2011, T??it ?,L Esquire, is Appointed Master with respect to the following claim: Divorce. y C. ... Distribution: Moving Party ? Stephen J. Barcavage, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 0DPe ' OKB Non-Moving Party Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 By the court, ';. ?,±. f i If FF3 25 P'r11 !: c, 3 3E? Pleading: Petition to Withdrawal as Legal Counsel for Plaintiff /Defendant Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Defendant Previously Assigned Judge: None Appearance For Plaintiff: Stephen J. Barcavage, Esq., 2595 Interstate Drive, Suite 101, Harrisburg, PA 17110 Email: centralpaattorneys@comcast.net a Phone: 717-909-2500 a Fax: 717-909-2504 Appearance For Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff@comcast.net • Phone: 717-737-0100 • Fax: 717-975-0697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS T. MILLER, Plaintiff NO. 99-7566 CIVIL TERM V. CIVIL ACTION - LAW KATHERINE K. MILLER, IN DIVORCE Defendant PETITION TO WITHDRAW AS LEGAL COUNSEL FOR DEFENDANT AND NOW, comes the Petitioner, Diane G. Radcliff, Esquire and files the above referenced Petition and represents that: 1. Your Petitioner is Diane G. Radcliff, Esquire an Attorney duly authorized to practice law in the Commonwealth of Pennsylvania and having a principal place of business located at 3448 Trindle Road, Camp Hill, PA 17011. 2. Plaintiff is Thomas T. Miller and is currently represented by Stephen J. Barcavage, Esquire. 3. Defendant is Katherine K. Miller. Diane G. Radcliff, Esquire is Attorney of record for Defendant. 4. There was no judge previously assigned to this case. 5. By letter dated January 31, 2011, Petitioner provided Defendant, Katherine K. Miller, with notice of her intention to file a Petition to Withdraw as legal counsel. As of the date of this filing, Defendant has not responded to that letter. 6. On February 24, 2011, Petitioner contacted Plaintiff's counsel by phone regarding thwe filing of this petition and was advised that Plaintiff's attorney had no objection to the requested withdrawal. 7. There are proceedings pending before the Divorce Master although no conferences have taken place and no hearings scheduled. 8. Certain circumstances have arisen between the Defendant and your Petitioner which make the termination of the relationship mutually beneficial including but not limited to Defendant's inability to pay required fees and costs. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order granting her leave to withdraw as legal counsel for Defendant, Katherine T. Miller. Respectfully submitted, DIA G. CLIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Stephen J. Barcavage, Esquire Owens, Barcavage £t Mclnroy, LLC 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (Counsel for Plaintiff) Katherine K. Miller 1108 Quincy Circle New Cumberland, PA 17070 (Defendant) Respectfully submitted, DI G. RAD LIFF, ESQUIRE 3 Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Dated: February 25, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7566 CIVIL TERM V. CIVIL ACTION - LAW KATHERINE K. MILLER, IN DIVORCE r a T T - ; Defendant RULE TO SHOW CAUSE r AND NOW, this day of 2011, upon consideration of the within Petition, A Rule is issued upon the Plaintiff, Thomas T. Miller, and the Defendant, Katherine K. Miller, to show cause why Diane G. Radcliff, Esquire should not be granted leave to withdraw as legal counsel for the Defendant, Katherine K. Miller. THOMAS T. MILLER, Plaintiff efend , Kather' . Mille irected le an Ans r to the ition with ten (1 ys of a date service of is Petition n Rule. A heari ll bon 20 at inu om d Cou'nro?use, Carlisle, PA Rule Returnable 20 days after service. BY THE COURT: JUDGE Distribution to: `Attorney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 V/ Attorney for Plaintiff: Stephen J. Barcavage, Esq., 2595 Interstate Drive, Suite 101, Harrisburg, PA 17110 Defendant: Katherine K. Miller, 1108 Quincy Circle, New Cumberland, PA 17070 Copy es iKa : ed 3???/? 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS T. MILLER, Plaintiff V. NO. 99-7566 CIVIL TERM CIVIL ACTION - LAW KATHERINE K. MILLER, Defendant IN DIVORCE CERTIFICATE OF SERVICE - -' 1 t I hereby certify that on February 25, 2011, I served a true and correct copy of the 'PetiW n to Withdraw as Legal Counsel for Defendant, upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Stephen J. Barcavage, Esquire Owens, Barcavage & McInroy, LLC 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (Counsel for Plaintiff ) Katherine K. Miller 1108 Quincy Circle New Cumberland, PA 17070 (Defendant) I hereby further certify that on March 3, 2011, I served a true and correct copy of the Rule dated March 1, 2011 entered on the Petition to Withdraw as Legal Counsel for Defendant upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Stephen J. Barcavage, Esquire Owens, Barcavage & McInroy, LLC 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (Counsel for Plaintiff ) Katherine K. Miller 1108 Quincy Circle New Cumberland, PA 17070 (Defendant) J D CLIFF, ESQUIRE (Att istration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Dated: March 3, 2011 (IF THE PRO THON , r.it , 2011 APR 11 pM 1: 40 CUMBERLAND 1; IN THE COURT OF CGMMON PLEAS OF CUMBERLK1rZW PENNSYLVANIA THOMAS T. MILLER Plaintiff V. KATHERINE K. MILLER Defendant NO. 99-7566 : CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Katherine K. Miller, Defendant, moves the Court to appoint a Master with respect to the following claims: [ ] Divorce [ ] Annulment [ ] Distribution of Property [ ] Support [x] Alimony [x] Alimony Pendente Lite [ ] Counsel Fees [ ] Costs and Expenses In support of the Motion the Defendant states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party has [appeared in the action by his attorney, Stephen J. Barcavage, Esquire. 3. The statutory ground for the divorce is/are: Section 3301 (c) and Section 3301(d) No-Fault. 4. The action is contested with respect to the following claims: Alimony Pendente Lite and Alimony. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half ('/2) day. 7. Additional information, if any, relevant to the motion: Date: April 11, 2011 DIAN LIF RE Attorn for PI 'ntiff ORDER APPOINTING MASTER AND NOW, , 2011, E. Robert Elicker, II, Esquire is appointed Master with respect to the following claims: [ ] Divorce [ ] Annulment [ ] Distribution of Property [ ] Support [x] Alimony [x] Alimony Pendente Lite [ ] Counsel Fees [ ] Costs and Expenses BY THE COURT: JUDGE R MOVING PARTY Katherine K. Miller Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant NON MOVING PARTY Thomas T. Miller Stephen J. Barcavage, Esquire Owens, Barcavage & McInroy, LLC 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 Attorney for Plaintiff f CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by Personal Deliver by Handing a Copy to the Person at the Address as Follows Stephen J. Barcavage, Esquire Office of the Cumberland county Divorce Master 9 North Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) D} CLIFF, ESQUIRE (Aft gistration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffC?comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Defendant Dated: April 11, 2011 FILED-OFFICE" rtF THE PROTHONOTAt". 2011 APR I 1 PH 1 30 CUMBERLAND COUNT`' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS T. MILLER Plaintiff V. KATHERINE K. MILLER Defendant :NO. 99-7566 CIVIL ACTION - LAW 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 Defendant. You may lose money or property or other rights important to you, including custody or visitation of your 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 in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 s 3 ?d-J, ??? y9o9 R-*as77G I Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliffCcD-comcast. net Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS T. MILLER Plaintiff NO. 99-7566 V. CIVIL ACTION - LAW KATHERINE K. MILLER IN DIVORCE Defendant PETITION FOR ALIMONY PENDENTE LITE AND ALIMONY Petitioner, Katherine K. Miller, by her attorney, Diane G. Radcliff, Esquire, this Petition for Economic Claims and represents that: 1. Petitioner is Katherine K. Miller, Defendant in the above captioned case. 2. Respondent is Thomas T. Miller, Plaintiff in the above captioned case. 3. This action was commenced by the filing of a Divorce Complaint by the Respondent on December 20,1999. 4. In the Divorce Complaint the Respondent raised the following claims: Divorce under Section 3301(c). 5. Petitioner wishes to raise a claim for alimony in this Petition as permitted by the Domestic Relations Law. 6. Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 7. Petitioner requires reasonable support to adequately maintain herself in - 2 - accordance with the standard of living established during the marriage. WHEREFORE, Petitioner requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. Respectfully submitted, e RA F, ESQUIR ndle Road Camp Hill, PA 17011 Supreme Court ID #32112 Phone: (717) 737-0100 Attorney for Petitioner Date: April 11. 2011 - 3 - VERIFICATION I verify that the statements made in this Petition are true and correct. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ??A _&- W. KATHERINE K. MILLER Date: April 11, 2011 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by Personal Deliver by Handing a Copy to the Person at the Address as Follows: Stephen J. Barcavage, Esquire Office of the Cumberland county Divorce Master 9 North Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) DIA DCLIFF`E$QUIRE (Attegistration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff(c-comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Defendant Dated: April 11, 2011 (1P THE RQTf0jq Ap,;, irS 2011 APR I 1 PM 1:110 At, CUMBERLAND C IN THE COURT OF CGMMON PLEAS OF CUMBER KW1fZW, NNSYLVANIA THOMAS T. MILLER Plaintiff V. KATHERINE K. MILLER Defendant : NO. 99-7566 : CIVIL ACTION - LAW c -a 3 rri .rn r? ?X a W c rn S CD-n It> IN DIVORCE MOTION FOR APPOINTMENT OF MASTER N Katherine K. Miller, Defendant, moves the Court to appoint a Master with respect to the following claims: [ ] Divorce [ ] Annulment [ ] Distribution of Property [ ] Support [x] Alimony [x] Alimony Pendente Lite [ ] Counsel Fees [ ] Costs and Expenses In support of the Motion the Defendant states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party has [appeared in the action by his attorney, Stephen J. Barcavage, Esquire. 3. The statutory ground for the divorce is/are: Section 3301 (c) and Section 3301(d) No-Fault. 4. The action is contested with respect to the following claims: Alimony Pendente Lite and Alimony. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half ('/2) day. 7. Additional information, if any, relevant to the motion: Date: April 11, 2011 r' DIAN LI RE Attorn for PI 'ntiff ORDER APPOINTING MASTER AND NOW, (Jk"?kk 1a , 2011, E. Robert Elicker, II, Esquire is appointed Master with respect to the oll wing claims: [ ] Divorce [ ]Annulment [ ] Distribution of Property [ ] Support [x] Alimony [x] Alimony Pendente Lite [ ] Counsel Fees [ ] Costs and Expenses BY THE COURT: Rear e.?`1. M? ?Stephen J. ?iat?e G ?P 1s! l? •4 / JUDGE ' ply r MOVING PARTY Katherine K. Miller Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant NON MOVING PARTY Thomas T. Miller Stephen J. Barcavage, Esquire Owens, Barcavage & McInroy, LLC 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 Attorney for Plaintiff I CERTIFICATE OF SERVICE person(s) I hereby certify that I am this day serving t satisfies the requirements oft he and in the manner indicated below, which service sat Pennsylvania Rules of Civil Procedure: Stephen J. Barcavage, Esquire Office of the Cumberland county Divorce Master 9 North Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) U CIFF, ESQUIRE on No 32112) i (Att rgistrat 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff a8.comcast.ne Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Defendant Dated: April 11, 2011 C" THE PRC)THONi :!'ice. . 1012 MAY 15 AM I I : 3 7 CUMBERLAND COUHT'? PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS T. MILLER, Plaintiff NO. 99-7566 CIVIL TERM V. CIVIL ACTION - LAW KATHERINE K. MILLER, IN DIVORCE Defendant ORDER OF COURT AND NOW, this Ir day of ?_ , 2012, upon consideration of the within Petition, a Rule is issued upon the Plaintiff, Thomas T. Miller, and the Defendant, Katherine K. Miller, to show cause why Diane G. Radcliff, Esquire should not be granted leave to withdraw as legal counsel for the Defendant, Katherine K. Miller. Defendant, Katherine K. Miller, and Plaintiff, THOMAS T. MILLER, are directed to file an Answer to this Petition within Z. o days after the date of service of this Petition and Rule. BY THE COURT: KEVIN A. HESS, P.J. Distribution to: ? orney for Plaintiff: Stephen J. Barcavage, Esq., 2595 Interstate Drive, Suite 101, Harrisburg, PA 17110 orney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 ?fendant: Katherine K. Miller, 21 N. 20th Street, Camp Hill, PA 17011 I sE:,s i'h.?? s ?s?? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS T. MILLER, Plaintiff V. KATHERINE K. MILLER, Defendant NO. 99-7566 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on May 16, 2012, 1 ?a ?CD se&a trg ai,d correct copy of the May 15, 2012 Order of Court entered on the Petition to Withdraw as Legal Counsel for Defendant upon the following individuals, by mailing same by first class mail, postage prepaid, addressed as follows: Stephen J. Barcavage, Esquire Owens, Barcavage Ft Mclnroy, LLC 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (Attorney for Plaintiff) Katherine K. Miller 21 N. 20th Street Camp Hill, PA 17011 (Defendant) Respectfully submitted, rdle DCLI QUIRE Ro ad Camp Hill, PA 17011 Supreme Court ID # 32112 Attorney for Defendant IN THE COURT OF COMMON PLEAS FOR THE NINTH DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA THOMAS T. MILLER, Plaintiff V. KATHERINE K. MILLER, Defendant NO. 99-7566 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT Re: Diane G. Radcliff Esquire's Petition to Withdraw as Legal Counsel for Defendant AND NOW this )3' day of i , 2012, there being no Answer filed as required by the Rule entered on May 15, 2012 on the Petition of Diane G. Radcliff Esquire to withdraw as legal counsel for Defendant, Katherine K. Miller, upon Motion of Diane G. Radcliff, Esquire, IT IS HEREBY ORDERED AND DECREED that: 1. The Rule entered on May 15, 2012 on Diane G. Radcliff Esquire's Petition to Withdraw as Legal Counsel is made absolute. 2. Diane G. Radcliff .squire is hereby granted leave to withdrawal as legal counsel and attorney of record for Defendant, Katherine K. Miller. BY THE C URT: KEVIN . HESS, P.J. Distribution to: Attorney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 /°Attorney for Plaintiff: Stephen J. Barcavage, Esq., 2595 Interstate Drive, Suite 101, Harrisburg, PA 17110 v Defendant: Katherine K. Mille, 21 N. 20`h Street, Camp Hill, PA 17011 es #(a W _/V?/ 19 AK6. 1 ? t'1 1 ? ' I 2 i;;2 -I.) 20 AN 13,,: '1"; P ,f-'U f ! ii iw 1 1 4» HO . G ? kJ U l.n u ? l P E N N S l LVAI'14lra+ Diane G. Radcliff, Esquire Supreme Court ID Number 32112 3348 Trindle Road, Camp Hill, PA 17011 Telephone: 717-737-0100 * Fax: 717-975-0697 • Email: dianeradcliffCaDcomcast. net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS T. MILLER, Plaintiff NO. 1999-7566 CIVIL TERM V. KATHLEEN K. MILLER, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary of the said Court: Pursuant to the attached Order of Court dated June 15, 2012, please withdraw the appearance of Diane G. Radcliff, Esquire, as Attorney for Defendant, Kathleen K. Miller. Dated: June 20, 2012 Respectfully submitted, DI *eeRoalod, IFF, ESQUIRE S rem#32112 3448 TrCamp Hill, PA 17011 Telephone: (717) 737-0100 IN THE COURT OF COMMON PLEAS FOR THE NINTH DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA THOMAS T. MILLER, Plaintiff NO. 99-7566 CIVIL TERM V. CIVIL ACTION - LAW KATHERINE K. MILLER, IN DIVORCE Defendant ORDER OF COURT Re: Diane G. Radcliff Esquire's Petition to Withdraw as Legal Counsel for Defendant AND NOW this /S-' day of , 2012, there being no Answer filed as required by the Rule entered on ay 15, 2012 on the Petition of Diane G. Radcliff Esquire to withdraw as legal counsel for Defendant, Katherine K. Miller, upon Motion of Diane G. Radcliff, Esquire, IT IS HEREBY ORDERED AND DECREED that: The Rule entered on May 15, 2012 on Diane G. Radcliff Esquire's Petition to Withdraw as Legal Counsel is made absolute. 2. Diane G. Radcliff Esquire is hereby granted leave to withdrawal as legal counsel and attorney of record for Defendant, Katherine K. Miller. MCC r T ^ C.- " --- BY THE COURT: - ' ' C > to KEVIN A. HESS, P.J. 5 fz- -7- C:) Distribution to: Attorney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Attorney for Plaintiff: Stephen J. Barcavage, Esq., 2595 Interstate Drive, Suite 101, Harrisburg, PA 17110 Defendant: Katherine K. Miller, 21 N. 20`h Street, Camp Hill, PA 17011 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said ;Coulat Carlisle, Pa. This ? day of , 20 /2 `? ono rye 14. CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on June 21, 2012 1 am serving a copy of the foregoing pleading as follows: Service by First Class Mail, Postage Prepaid and Addressed as Follows: Stephen J. Barcavage, Esquire. Katherine K. Miller 2595 Interstate Drive, Suite 101, 21 N. 20th Street Harrisburg, PA 17110 Camp Hill, PA 17011 (Attorney for Plaintiff) (Defendant) Dated: June 20. 2012 1 IANE G. DCLIF QUIRE S Court ID #32112 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 I r'J tom. pr tI T„ ra By: Stephen J. Barcavage, Esquire 2013 DEC 20 TANNER BARCAVAGE P/J 2: 07 ID #78867 CUHBERL A ND cowl, 3507 Market Street, Suite 303 PEN? S YLV TY AMA Camp Hill, PA 17011 717-731-8114 Attorney for Plaintiff • THOMAS T. MILLER, • IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA v. • CIVIL ACTION—LAW • No. 99 - 7566 • KATHERINE K. MILLER, Defendant • DIVORCE ACTION MOTION FOR APPOINTMENT OF MASTER AND NOW, comes Plaintiff, Thomas T. Miller,by and through his counsel, Stephen J. Barcavage, Esquire, and hereby files the Motion for Appointment of Master with respect to the following claims: Divorce. 1. Discovery is complete as to the claim for which the appointment of a master is requested. 2. The non-moving party has appeared in the action personally. 3. The statutory ground for divorce is SECTION 3301(d). 4. The action is contested with respect to the following claims: Divorce. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 2-3 hours. WHEREFORE, Plaintiff prays this Honorable Court to appoint a Master so that a Decree in Divorce divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant can be granted. Date: /11/r/1-' �l B�� AeFe• en J. Barcavage •78867 TANNER BARCAVAGE 3507 Market Street, Suite 303 Camp Hill, PA 17011 (717) 731-8114 CERTIFICATE OF SERVICE AND NOW, this • /� day of December, 2013, I, Stephen J. Barcavage, Esquire, hereby certify that I have on this date served a copy of the foregoing document pursuant to Pa.R.C.P. 1012,by United States Mail,postage prepaid, addressed to the party or attorney of record as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17110 MdIF ai- e, J. Barcavage, Esquire Jan 02 14 12: 22p Tanner Law Offices 7177318115 p. 2 THOMAS T. MILLER, • • COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA vs. CIVIL ACTION—LAW • No. 99 - 7566 KATHERINE C. MILLER, • • Defendant • DIVORCE ACTION ORDER AND NOW, thisa/ day of / I , 2014, 76,4,„- L�%c,�aC�/j/� Esquire, is Appointed Master with respect to the following claim: Divorce. By the court, 1. Distribution: Moving Party Non-Moving Party Stephen J. Barcavage, Esquire • Katherine K. Miller 3507 Market Street, Suite 303 21 North 20th Street Camp Hill, PA 17011 Camp Hill, PA 17011 (717) 731-8114 ireiv • L /3/// :7.27n TANNER BARCAVAGE 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 LED-Ur FE. TIIE PROTHONOTAR'T 2OIIK.R H3 P?1 V:149 CUMBERLAND COUNT PENN-SYLVAN1A THOMAS T. MILLER, Plaintiff v. KATHERINE K. MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7566 CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under §3301(c) of the Divorce Code was filed on or about December 20, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of Divorce. 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: (1.3/7 ig (01 hitk Katherine Miller, Defendant TANNER BARCAVAGE 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 THE PROAOHOTARI AMMAR 18 HI 1:149 CUMBERLAND COUNTY PENNSYLVANIA THOMAS T. MILLER, Plaintiff v. KATHERINE K. MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7566 CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §33O1 (c) OF THE DIVORCE CODE 1 I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that 1 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 made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 03 . "7 • )(J Katherine Miller, Defendant TANNER BARCAVAGE 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731 -8114 Facsimile: (717) 731 -8115 `'Antiiq!F 21 PM It Ol CUM ERL,'i ?d0 COUNTY PENNSYLVANIA THOMAS T. MILLER, Plaintiff v. KATHERINE K. MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7566 CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on or about December 20, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of Divorce. 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 unworn falsification to authorities. Date: 311 vI zap y Thomas Miller, Plaintiff TANNER BARCAVAGE 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 THE PROTHMO TAR 2014 MAR 2 I PM 1:1)5 CUMBERLAND COUNTY PENNSYLVANIA THOMAS T. MILLER, Plaintiff v. 'CATHERINE K. MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7566 CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) OF THE DIVORCE CODE 1 I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: 3j5 Thomas Miller, Plaintiff THOMAS T. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. . NO: 99 - 7566 CIVIL KATHERINE K. MILLER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2014, the economic claims raised in the proceedings having been resolved in accordance with a marital agreement dated August 5, 2014, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ,$1ephen J. Barcavage Attorney for Plaintiff /Catherine K. Miller (Pro Se) Defendant +t Z :Z Wd fl- 911V'HOZ -- rn c —4c) "n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS T. MILLER, Plaintiff v. KATHERINE K. MILLER, Defendant : NO. 99-7566 : CIVIL ACTION — LAW : IN DIVORCE MARITAL AGREEMENT BETWEEN THOMAS T. MILLER AND KATHERINE K. MILLER Q CO C) rn - 7- - 0;n CID G't"y rY s MA AL AGREEMENT THIS AGREEMENT made this() of , 2014, by and between Katherine K. Miller, ("Wife") of 21 N. 20th Street, C p Hill, PA 17011, and Thomas T. Miller, ("Husband") of 225 B West Main Street, Mechanicsburg, PA 17055. PREAMBLE AND RECITALS WHEREAS, the parties hereto are husband and wife. The parties were married on September 21, 1978 in Nassau County, Wantagh, Nevada, and separated in October 1999. WHEREAS, the parties are the parents of two (2) children: Jonathan Miller, born in 1983, and Alice Miller, born in 1990, (the "children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife 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 obligation 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; 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 premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made part hereof as if fully set forth in the body of the Agreement. 1.02. DEFINITIONS. (A) Divorce Code. The term "Divorce Code" or "Code" shall be defined as Pa.C.S.A. Section 101 et seq., as amended, or any successor statute thereto. (B) Internal Revenue Code. The phrase "Internal Revenue Code" shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute [1] thereto. References to sections in the Internal Revenue Code shall reference to sections in existence as of the date of this Agreement. (C) Date of Execution. The phrase "date of execution", "execution date", or "date of this Agreement" shall be defined as the date that the last person signs this Agreement. (D) Effective Date of Agreement. This Agreement shall become effective and binding upon the parties upon the execution of this Agreement by both parties. 1.03. DIVORCE DECREE. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, PA docketed to No. 99-7566. With respect to that divorce action the parties agree as follows: (A) No -Fault Divorce. The parties acknowledge that their marriage irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above referenced divorce action. (B) Affidavits and Waivers. Upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice for filing with the Court. (C) Finalizing Divorce. Within ten (10) business days of receipt of the signed Affidavits and Waivers, or if a Divorce Master had been previously appointed, then within ten (10) business days of receipt of the Order revoking his appointment, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Husband's sole cost and expense. When the divorce decree is entered and received by Husband's attorney, that attorney shall provide the other attorney with a photocopy of the Divorce Decree. (D) Withdrawal of Claims. If either party has filed a counterclaim, counter- affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by this Agreement, and he or she shall withdraw any such claims or filings that may be required for the prompt entry of the Divorce Decree. 1.04. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.05. ADVICE OF COUNSEL. Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his and her selection with respect to the preparation and execution of this Agreement. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of [2] any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.06. FINANCIAL DISCLOSURE. The parties represent that as an inducement to each of the parties to enter into this Agreement, each of the parties had made a full and fair disclosure to the other party of the parties' respective incomes and the marital assets and debts that would otherwise be subject to equitable distribution between the parties but for the execution of this Agreement. That full and fair disclosure includes a disclosure of the property and debts listed in Section II, Paragraph 2.01 herein. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that her or she has the following procedural and substantive rights, all of which are hereby waived: (A) Inventory. The right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (B) Valuation. The right to have all such property valued by means of appraisals or otherwise; (C) Income and Expenses. The right to obtain from the other party an Income and Expense Statement setting forth the party's income and expenses and including the party's pay stubs or income for the last six months and the part's last filed income tax return; (D) Discovery. The right to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (E) Hearings and Court Decisions. The right to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharged of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination that same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as otherwise expressly provided in this Agreement, as a result of enforcement of the terms of this Agreement, and/or as a result of the breach of this Agreement, the parties do hereby mutually remise, release, quitclaim and forever discharged the other and the estate of such other, for all time to come, and for all purposes whatsoever, including, but not limited to the following: [3] (A) Estate Rights. Any rights which either party may have, or at any time hereafter have, to share in the Estate of the other party as a result of their marital relationship or otherwise including, without limitation: statutory allowance; widow's allowance; intestacy rights; right to take under the will of the other party; right to take against the will of the other party; and the right to act as the executor or administrator of the other's estate. The foregoing shall not apply to any claims under the Will of a party executed after the date of this Agreement. (B) Marital Rights. Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendent lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. (C) Waiver of Beneficiary Designation. Unless otherwise specified in this Agreement, each party specifically waives any and all rights as a designated beneficiary in and to any asset or life insurance policy having a beneficiary designation which belongs to the other party under the terms of this Agreement. The parties hereby state that it is their intention by this Agreement to revoke any beneficiary designations naming the other party which are in effect as of the date of this Agreement, and if there is no other alternative or secondary beneficiary named then the beneficiary shall be deemed to be the estate of the deceased party. 1.10. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: (A) Divorce Code Remedies. The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. (B) Damages. The right to damages arising out of breach of the terms of this Agreement. (C) Distribution of Undisclosed Assets. The right to have the court distribute any asset having a value of $500.00 or more which has not been disclosed as represented in paragraph 1.06 herein. (D) Attorney Fees and Costs. The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in enforcing rights and obligations under this Agreement. (E) Other Remedies. Any other remedies provided for in law or in equity. (F) Considerations for Reasonable Attorney's Fees. Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) [4] the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non -breaching party. (G) Breach Notice. In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: (A) Prior Returns. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations of failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (B) Current Returns. The parties shall file individual tax returns for the current tax year and for every tax year hereafter. (C) Preservation of Records. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. (D) No Tax on Property Division. Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. 1.13. WAIVER OF MODIFICATION. No modification or.waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. [5] 1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps to execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.16. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expresslyset forth herein. SECTION II DISTRIBUTION OF PROPERTY AND DEBTS 2.01. DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' previously divided to their mutual satisfaction and hereby reaffirm that division as part of this Agreement, all of their marital property and marital debts including, but not limited to the following kinds of property and debts, if and to the extent applicable to this case: Real Property and Real Estate Mortgages; Motor Vehicles and Vehicles Liens; Stocks, Bonds, Securities and Options; Certificates of Deposit; Checking Account, Cash; Savings Accounts, Money Market and Savings Certificates; Contents of Safe Deposit Boxes; Trusts; Life Insurance Policies; Annuities; Gifts; Inheritances; Patents; Copyrights, Inventions, Royalties; Personal Property Outside the Home; Business; Employment Termination Benefits -Severance Pay, Worker's Compensation; Profit Sharing Plans; Pension Plans; Retirement Plans, Individual Retirement Accounts; Disability Payments; Litigation Claims (matured and unmatured); Military/V.A. Benefits; Education Benefits; Debts Due, including loans, mortgages held; Household Furnishings and Personalty; Other Assets; Loans, Credit Cards and Other Debts. 2.02. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in Paragraph 2.01 above is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.03. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, [6] releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.04. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.05. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post -death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event that the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 2.06. WAIVER. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. 2.07. INDEMINIFICATION. Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. 2.08. AFTER ACQUIRED DEBTS. Each of the parties represents and warrants to the other that since the parties' marital separation he or she has not contracted nor incurred any debt or liability for which the other or his or her estate might be responsibly. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, ALIMONY AND INSURANCE 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. [7] 3.02. ALIMONY, APL, AND SUPPORT. Except as hereafter provided, each of the parties waives any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. The foregoing notwithstanding the following shall apply to the existing spousal support order and alimony: (A) Termination of Spousal Support. Effective as of the date of this Agreement, defined herein as the date that the last person signs this Agreement, the order for spousal support entered in the Cumberland County Support Action docketed to No. 00971 S 2001, Pasces No., 641104027 shall be termination and any credit or arrears on said spousal support order existing as of that date shall be transferred to the following referenced alimony order to be entered as described below. Alimony. Effective as of the date of this Agreement, defined herein as the date that the last person signs this Agreement, Husband shall pay Wife alimony under and subject to the following terms and conditions: (1) Amount. The alimony amount is $140.00 per month. (2) Arrears. If any arrears exist that are more than thirty (3) days past due, Husband shall pay an additional sum of $50.00 per month towards the arrears until those arrears are paid in full. (3) Alimony Period. The alimony shall be paid for the period starting with the date of this Agreement and ending on June 21, 2017, the date Wife turns age 66, or when the parties begin to receive social security benefits, at which point this matter will Fe subject for review. (4) PP vinent Time. The alimony is to be paid monthly by the 1st of the month, and prorated for any partial month. (5) Payment Place. The alimony is to be paid by Husband to Wife through Domestic Relations of Cumberland County, PA. Husband's wages shall be attached therefor. If necessary to effectuate said payment, an Order shall be entered by the Court requiring the payment of alimony under the terms and conditions set forth in this Agreement. (6) Tax Reporting. The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement. (7) Modification. The alimony provisions set forth in this paragraph shall be subject to modification by the Court in accordance with 23 Pa.C.S. Section 3701(e). The parties agree to advise each other of any change in employment. Failure to advise the other party of such change of employment may result in an increase or decrease of any alimony payment retroactive to the change of circumstances. (B) [8] SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be execution in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. BINDING EFFECT. By signing this Agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed, sealed and acknowledged this Agreement the day and year written blow, which Agreement has been executed in various counterparts, each of which constitute an original. WITNESS: (SEAL) THOMAS T. MILLER Date: ,• l e (SEAL) KATHERINE K. MILLER Date: [9]