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HomeMy WebLinkAbout07-3908 LISA MILLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. p7. 390 TOMMY L. 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 t LISA MILLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 0 7- 3 9 6 ,G TOMMY L. MILLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE COUNTI COMPLAINT FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Lisa Miller, by her attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. 1. Plaintiff is Lisa Miller, an adult individual who currently resides at 619 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. All legal papers may be served on Plaintiff by service on his Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is Tommy L. Miller, an adult individual who currently resides at 619 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on June 23, 2001, in Carlisle, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 9. 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. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 10. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. . Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; e. For such further relief as the Court may determine equitable and just. Respectfully submitted, Dated By: 4 - k. ?3? Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff -(ib ti n Q o LISA MILLER, Plaintiff VS. TOMMY L. MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01- 3 !0 ( T - : CIVIL ACTION - LAW : IN DIVORCE COUNT III COMPLAINT FOR CUSTODY AND NOW, comes Petitioner, Lisa Miller, by and through her attorney, Mark A. Mateya, and respectfully represents: 1. The Plaintiff is Lisa Miller, who presently resides at 619 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant is Tommy L. Miller, presently residing at 619 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Plaintiff seeks custody of the following children: Name Present Residence Age D/OB Landon T. Miller 619 Forge Road 4 Yrs. 3/23/03 Boiling Springs, PA 17007 Brinley L. Miller 619 Forge Road 2 Yrs. 1/26/05 Boiling Springs, PA 17007 4. The children were not born out of wedlock. 5. The children are presently in the custody of Lisa Miller and Tommy L. Miller who presently resides at 619 Forge Road, Boiling Springs, Cumberland County, Pennsylvania. 6. During the past five (5) years the children have resided with the following persons at the following addresses: a. With Plaintiff and Defendant at 619 Forge Road, Boiling Springs, Cumberland County, Pennsylvania. 7. The Father of the children, Tommy L. Miller, is currently residing at 619 Forge Road, Boiling Springs, Cumberland County, Pennsylvania, and he is married. 8. The Mother of the children is Lisa Miller who is currently residing at 619 Forge Road, Boiling Springs, Cumberland County, Pennsylvania, and she is married. 9. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the children. 10. The relationship of the Defendant to the children is that of natural father. The defendant currently resides with the children. 11. The 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 any other Court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a parry to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting primary physical custody of the children to Plaintiff because: a. Plaintiff is the natural mother of the children; b. Plaintiff has been a primary caregiver of the children from the time of the children's birth to the present; C. Plaintiff is able to provide a stable home for the children. -2- d. Defendant has been and continues to be verbally and emotionally abusive to the children; e. Defendant has displayed violent behavior in front of the children; f. Defendant threatens the children when he is angry with them; g. Defendant displays impulsive angry behavior in front of the children; and h. Defendant consistently uses the home computer, accessible by the children, to view pornography. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation at the Court's convenience. Dated: 2 Respectfully submitted, "?, Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 Attorney for Plaintiff -3- VERIFICATION I, LISA MILLER, verify that the facts set forth in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. L SA MILLER DATED: 6 "a 7- d 7 -4- °Q 1 - e tp a :-G N j LISA MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-3908 CIVIL ACTION LAW TOMMY L. MILLER IN CUSTODY DF,FENDANT ORDER OF COURT AND NOW, Monday, July 09, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 03, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. G.Uro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4-VII/ p, 90 -ZI 0 1 itP LGOZ (p- o/ -4 p. pl.1. a LISA MILLER, Plaintiff VS. TOMMY L. MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3908 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 30th day of July, 2007, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce and Custody was filed to the above term and number on June 28, 2007. 2. On June 29, 2007, a certified copy of the Complaint in Divorce and Custody was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. See the Receipt attached hereto as Exhibit "A" and incorporated herein by reference. 3. On July 9, 2007, a certified copy of the Complaint was set to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit "B" and is incorporated herein by reference. 4. On or about July 23, 2007, undersigned counsel for Plaintiff received the return receipt card signed by the Defendant on July 20, 2007. Said receipt is attached hereto as Exhibit "A" and is incorporated herein by reference. Respectfully submitted, "k.w. Mark A. Mateya squire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff m0 Q' I • (Domestic On 1 ly; No Insurance Coverage Provided) us sxom b it t ww i i ul For delivery informat c? . p s e a w t our we ion v s AL USE W I ru ? Postage # .-`,j ilii Sds $ Certified Fee $2.6-9 !00 ^ 0 , Oa Return Reciept Fee $2.15 VW 0 (Endorsement Required) d .,• C3 RestrktedDellveryFee $¢.l}? 01 +?1l( O (Endorsement Required) 1 C3 Total Postage & Fees $ 1.9. al 06 ` m o Sent To 1 l LL E4 /17 /J1 l . ............... ........ ------- .......- r- -------- - sheer, ilp t . or PO Box No ... .. . ------------------ AP :,, .. - -- ---------------- -4 Esc ? i4 " N Complete Berns 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpieoe, or on the front H space permb. 1. Article Addressed to: ?lq A. SWature x ° Agent o Addreo,e O"n B. by (PC. Date Ds w y D. Is delivery address dNferent from Item 1? ? Yes If YES, enter dellvety address below. ° No -s ?°A 3. , idol ss14 ie,c??,c ,mo t- rifled Midi ? Evress mail Pagliellered ° Return Receipt for MwdWj W ° Imured man ° C.O.D. 4. Restnctsd Delhreryr (Extra Fog) yea s. Article f+ltmlber Ate, 7003 0500 0004 2325 9031 Ps Form 3811, February 2ow Domestic Return Receipt 102595 oe.r.r.ts4o MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER o Received From: to v; LO 0 Z ?, 7 ocMao CL-M .;z P. 0. a raj ?.r?,,=Q W- 0 m O e piece of ordinary mail addressed to: l m? LLm ?O 1 q F-Ok AE k OAS a ? Pa I t7 o15 o PS Form 3817, Mar. 1989 LOOZ/6/L /linoosueudaosjiimjoj;)IsiOz)j/ii zo-b,dooluow-Nvnm;/:dllu C= o n m rye'; ? 3 ?. .gal \\ CO s9stl #.IOIISIA 710 7 32%4 lmoD surud o sll!Ak jo nistRag dd `XlunoD SiomoSluoW AUG 0 62007x/ R, LISA MILLER, Plaintiff v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW TOMMY L. MILLER, NO. 07-3908 Defendant IN CUSTODY COURT ORDER AND NOW, this 7 A day of August, 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and directed as follows: 1. The mother, Lisa Miller, and the father, Tommy L. Miller, shall enjoy shared legal custody of Landon T. Miller, born March 23, 2003, and Brinley L. Miller, born January 26, 2005. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: a. On alternating weekends on both Saturday and Sunday from 10:00 a.m. until 6:00 p.m. b. At such other times as agreed. 4. Exchange of custody for the minor children shall take place at the McDonald's on PA Route 641 in Carlisle, unless agreed otherwise by the parties. Additionally, Father shall have one of his sisters present during the times that he has temporary custody of the minor children. 5. As required, Father may telephone or have other contact with the Mother relative to custody and exchange of custody issues. During this contact, Father shall not discuss other matters with the Mother. This provision shall supersede any limitation of a Protection from Abuse Order that has previously been entered in this case such that Father will not be in contempt of the Protective from Abuse Order if he has contact with the Mother and simply discusses custody/exchange of custody issues. It is anticipated the Father will make a call the Friday evening prior to his custody simply to confirm details relative to the custody. 6. The alternating weekend custody shall commence on Saturday, August 4, 2007. %W. 7. In the event either party desires to modify this Order, that party may Petition the Court to have the case again scheduled with a Custody Conciliator for a Conference. B HE COU , J. cc: ,Mark A. Mateya, Esquire Ar. Tommy L. Miller 4 LNnc.r, N .C Wd L- Sl LOOZ AtiViUNO HI OR "d :,'Hi 40 f? LISA MILLER, Plaintiff V. TOMMY L. MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3908 : CIVIL ACTION - LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Landon T. Miller, born March 23, 2003 Brinley L. Miller, born January 26, 2005 2. A Conciliation Conference was held on August 3, 2007, with the following individuals in attendance: The mother, Lisa Miller, with her counsel, Mark Mateya, Esquire, and the father, Tommy L. Miller, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. DATE: August 3, 2007 LISA MILLER, Plaintiff VS. TOMMY L. MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3908 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE OF DISCOVERY DOCUMENTS UPON DEFENDANT AND NOW, this 18th day of September. 2007, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce and Custody was filed to the above term and number on June 28, 2007. 2. Defendant is not represented by counsel in this matter and is a pro se litigant. 3 On August 28, 2007, Plaintiff served upon Defendant discovery requests consisting of Interrogatories and Request for Production of Documents. Said discovery requests were sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. Additionally, the discovery requests were sent to Defendant by way of first class mail, postage prepaid. A copy of the Certificate of Mailing and the Certified Mail Receipts are attached hereto as Exhibit "A" and is incorporated herein by reference. 4. Notice was left at Defendant's mailing address by the U.S. Postal Service that his signature was required for Certified Mail on August 29, 2007. A copy of the Track & Confirm of the aforementioned certified mail is attached hereto as Exhibit "B" and is incorporated herein by reference. 5. Defendant's response to Plaintiff's Interrogatories and Request for Production of Documents are due to Plaintiff on or about September 29, 2007. Respectfully submitted, LtA Mark A. Mateya, Esquir Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff Ln CERTIFIED M AIL . RECEIPT C3 (Domestic . deliverV information visit our website at www.usps.com M m ru Pomap $ V11. rot UU131 0 cMMkdFee ?OILtAj? . n tE_aoRRey? CC? Q. uh (Fjxlw Re p MOtPAq $4.10 Q ?? Y i? a Totd Postage & Foes $ !11,14 C2 J M o am To o rn m .../n f LLEP. ........................._ crPOOwNlix 17E CERMCA T SERVICE MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Trl l A kA (A) FJ A In 0 ?&A /A'1 0 PA 07009 O ece of ordinary mail addressed to: l m ,LLEk ? l 9 o,e G 0A- )f eatk,-6LE PA /700 PS Form 3817, Mar. 1989 C2 O O N +?e CO C2 %W 0 AA& ? 2 y a USPS - Track & Confirm Page 1 of 1 A UNITE??STATES POSTAL SERVXE Home I Help Track .&C.00-firm Track & Confirm Search Results Label/Receipt Number: 7003 0500 0004 2325 9055 Detailed Results: • Notice Left, August 29, 2007, 2:01 pm, CARLISLE, PA 17015 • Acceptance, August 28, 2007, 8:51 am, BOILING SPRINGS, PA 17007 c 8ar.??' ?, i4l?tcrra tg t?Sl'?rao??N4a?e >? Track & Confirm Enter Label/Receipt Number. Nolificatian 00ions Track & Confirm by email Get current event information or updates for your item sent to you or others by email. dfiz POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright O 1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy h4://trkcnfTml.smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 9/18/2007 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Tommy Miller 619 Forge Road Carlisle, PA 17015 Dated: ` ° V l? Mark A. Mateya, Esquire PO BOX 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax r`a Z? C:?. ?? }.:,."? cn „m :?-= =': ?'?? ? _:... ??; d ? fir, -, ? S .A ? Q LISA MILLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-3908 TOMMY L. MILLER, : CIVIL ACTION -LAW Defendant : IN CUSTODY PLAINTIFF'S MOTION TO COMPEL ANSWERS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS The above-named Plaintiff, Lisa Miller, by her attorney, Mark A. Mateya, Esquire, hereby prays This Honorable Court require the Defendant, Thomas Miller to answer the Interrogatories produced in the case sub judice, and to enter the accompanying Rule to Show Cause against Defendant Thomas Miller. Plaintiff, by and through her attorney Mark A. Mateya, Esquire, avers the following: 1. On or about August 27, 2007, Interrogatories and Request for Production of Documents were filed by Plaintiff on Defendant in the above referenced case. 2. On September 19, 2007, Defendant answered Plaintiffs Interrogatories and Request for Production of Documents. 3. In responses to Interrogatory Number 18A, Defendant did respond with invoices numbered ten and eleven, which documents included sections which were redacted. 1 4. No affirmative defense, privilege, statutory protection, or objection was raised by Defendant which would permit redacting the response to Interrogatory number 18. 5. Defendant has waived any available affirmative defense, privilege, statutory protection, or objection which might otherwise have been raised by taking the affirmative step of answering interrogatory number 18. 6. In responses to Interrogatory Number 24, Defendant stated that "The production [of the requested documents] would be unduly burdensome and costly. They will be produced if the requesting party pays all costs therefore in advance" relating to all seven (7) of the accounts Defendant identified in interrogatory number 24. 7. Plaintiff believes and therefore avers that many of the requested statements are available for free to Defendant online from Members First Federal Credit Union. 8. Defendant's blanket use of the "unduly burdensome and costly" response to each account is tantamount to a general denial in contravention of the rules of evidence; a general denial, without more specificity, is not deemed a denial but rather deemed void under Pennsylvania's rules of evidence. 9. Plaintiff believes and therefore avers that Defendant is able to underwrite the costs associated with the production of the documents requested in Interrogatory 2 number 24. 10. In responses to Interrogatory Number 33, Defendant stated that "The production [of the requested documents] would be unduly burdensome and costly. They will be produced if the requesting party pays all costs therefore in advance" relating to all three (3) of the credit card accounts Defendant identified in Interrogatory number 33. 11. Plaintiff believes and therefore avers that many of the requested statements are available for free to Defendant online from the individual credit card companies. 12. Defendant's blanket use of the "unduly burdensome and costly" response to each credit card account is tantamount to a general denial in contravention of the rules of evidence; a general denial, without more specificity, is not deemed a denial but rather deemed void under Pennsylvania's rules of evidence. 13. Plaintiff believes and therefore avers that Defendant is able to underwrite the costs associated with the production of the documents requested in Interrogatory number 33. 14. Plaintiff has filed a Rule to Show Cause why more complete answers should not be provided contemporaneously with this Motion to Compel. 3 15. The parties to this action have been before the Honorable Judge Ebert on July 10, 2007, regarding a PFA hearing. 16. A custody conciliation was conducted by Hubert Gilroy and the Honorable Judge Ebert signed an Order of Court dated August 7, 2007, which addresses the CustodyNisitation issue. 17. The Defendant herein is not represented by counsel and as a pro se litigant it is anticipated that Defendant will not concur in the filing of this Motion. WHEREFORE, Plaintiff requests this Honorable Court A. Order Defendant to fully answer the interrogatories, without redacted statements, but with complete statements which include the entire text; B. Produce the requested account statements for all of Defendant's bank accounts and credit card accounts. ; C. Pay Plaintiff's reasonable attorneys fees in the prosecution of this Motion in the amount of not less than $500.00; D. Such other relief as This Honorable Court deems appropriate. Date: Respectfully Submitted, L?,k . k?Z7- Mark A. Mateya Attorney ID No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax 4 LISA MILLER, Plaintiff V. TOMMY L. MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3908 : CIVIL ACTION -LAW : IN CUSTODY CERTIFICATE OF NON-CONCURRENCE I, Mark A. Mateya, attorney for Plaintiff Lisa Miller anticipate that Defendant will not concur in the Plaintiff's Motion to Compel Answers to Plaintiff's First Set of Interrogatories and Request for Production of Documents. Defendant, Tommy L. Miller is a pro se litigant in the instant action. Therefore, it is anticipated that Tommy L. Miller does not concur with the Motion. Respectfully submitted, Date: c ` 161 Mark A. Mateya, Es re Attorney I.D. No. 78931 PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff . If CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Tommy Miller 619 Forge Road Carlisle, PA 17015 Dated: ( 6 o LL? , kp-,- Mark A. Mateya, Esquire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax F`J (? c.;. ? ,. ?.,? ...? v y { ? '?_? ,- _:r j'i_T .-_\ ? ? LISA MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 07-3908 CIVIL TOMMY L. MILLER, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 15th day of October, 2007, upon consideration of the Plaintiff's Motion to Compel Answers to Plaintiff's First Set of Interrogatories and Request for Production of Documents, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendant to show cause why the Plaintiff is not entitled to the relief requested; 2. The Defendant will file an answer to this Motion on or before November 5, 2007; 3. The Prothonotary is directed to forward said answer to this Court; 4 If no answer to the Rule to Show cause is filed by the required date, the relief request by Plaintiff shall be granted. ark Mateya, Esquire Attorney for Plaintiff -mmy L. Miller, Defendant 619 Forge Road Irk a Carlisle, PA 17013 By the Court, N\ -?, `'a M. L. Ebert, Jr., bas Z •Z ild 9 1 130 LOOZ nilL 30 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA MILLER, . Plaintiff NO. 07-3908 CIVIL TERM V. TOMMY L. MILLER, CIVIL ACTION - LAW IN DIVORCE Defendant ANSWER TO PLAINTIFF'S MOTION TO COMPEL ANSWERS TO PLAINTIFF'S FIRST SET OF, INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AS REQUIRED BY THE ORDER OF COURT DATED OCTOBER 15, 2007 1. ADMITTED IN PART AND DENIED IN PART. IT IS ADMITTED that on or about August 27, 2007, Interrogatories were filed by Plaintiff on Defendant in the above referenced case. IT IS DENIED that any Request for Production of Documents was filed on August 27, 2007 or any other date. BY WAY OF CLARIFICATION AND/OR FURTHER ANSWER, it is averred that Plaintiff should not have filed her Interrogatories in that according to Pa.R.C.P. 4002.1 discovery documents are not to be filed "unless relevant to a motion or other pretrial proceeding, ordered by the Court or required by statute.' 2. ADMITTED IN PART AND DENIED IN PART. IT IS ADMITTED that on September 19, 2007, Defendant answered Plaintiff's Interrogatories. IT IS DENIED that on September 19, 2007, or any other date Defendant answered Plaintiff's Request for Production of Documents, since no such Request for Production of Documents was ever served upon Defendant by Plaintiff. ANSWERS AS TO THE ALLEGATIONS REGARDING INTERROGATORY NO. 18 3. ADMITTED. IT IS ADMITTED that in response to Interrogatory Number 18, Defendant did respond not only with a written answer but also with two invoices numbered ten and eleven respectively, which documents included sections which were redacted. BY WAY OF CLARIFICATION AND FURTHER ANSWER, it is averred that the redacted portions were merely the name and address of two of Defendant's business customers, which information was not relevant to these proceedings and redacted so that Plaintiff could not harass those customers and possibly harm Defendant's business relationships. 1 Pa. R. C. P. 4002.1 1 4. DENIED. IT IS DENIED that Defendant was required to assert an affirmative defense, privilege, statutory protection, or objection such as would permit the redacting of the response to Interrogatory No. 18. a. In Interrogatory 18 Plaintiff asked Defendant "Are you presently due any commissions, earnings, or other funds or income as a result of your work either independently, as a sub-contractor, an agent, or any employee?". Defendant gave a full and complete answer that Interrogatory 18, by indicating that: "two invoices outstanding for work done totaling $2,200.00." This was a full and complete answer as required by to Pa.R.C.P. 4006(a) and Defendant was not, and cannot be, compelled to produce any document for the Plaintiff, whether in original or redacted form to supplement that written Answer to an Interrogatory. b. The redacted documents supplied by Defendant were provided gratuitously and not because of the mandate in any procedural discovery rules . C. The redacted names and addresses of the customers does not serve in any way to amplify the information requested or supplied pursuant to Interrogatory No. 18, and therefore are not relevant to these proceedings. d. Defendant was not required to raise any objection prior to redacting the names and addresses of his customers from a document which was provided gratuitously to Plaintiff and was not required to be supplied as part of his Answer to Interrogatory No. 18. e. See Defendant's New Matter and Legal Defenses (paragraphs 17 through 28 herein) incorporated by referenced hereto. 5. DENIED. For the reasons set forth in paragraph 4 above and in Defendant's New Matter and Legal Defenses (paragraphs 17 through 28 herein) incorporated by referenced hereto, IT IS DENIED that Defendant has waived any affirmative defense, privilege, statutory protection, or objection which might otherwise have been raised by taking the affirmative steps of Answering Interrogatory No. 18. ANSWERS AS TO THE ALLEGATIONS REGARDING INTERROGATORY NO. 24 6. ADMITTED. IT IS ADMITTED that in response to Interrogatory Number 24, Defendant stated that "The production [of the requested documents] would be unduly burdensome and costly. They will be produced if the requesting party pays costs therefore in advance" relating to all seven (7) of the accounts Defendant identified in Interrogatory Number 24". 2 7. DENIED. IT IS DENIED that many of the requested statements are available for free to Defendant online from Members First Federal Credit Union. ON THE CONTRARY AND/OR BY WAY OF FURTHER ANSWER, it is averred that: a. Defendant does not have internet service and, therefore, cannot access his bank account in that manner and obtain any such statements; b. According to available information only a limited number of statements are available on line and certainly not the monthly statements and checks for the last three (3) years as requested in Form `E" of Interrogatory No. 24. C. Defendant does not have the bank statements and checks for the last three (3) years in his possession that were requested in Interrogatory No. 24. d. Defendant offered to cooperate in obtaining those documents if Plaintiff paid the costs therefore. e. Defendant provided Plaintiff's Attorney with authorizations permitting Plaintiff to contact the banks and obtain the requested statements and cancelled checks directly from those companies. 8. DENIED. IT IS DENIED that Defendant's blanket use of the "unduly burdensome and costly" response to each account is tantamount to a general denial in contravention of the rules of evidence; a general denial, without more specificity, is not deemed a denial but rather deemed void under Pennsylvania's rules of evidence. ON THE CONTRARY AND/OR BY WAY OF FURTHER ANSWER, it is averred that an objection that the production of bank account statements and cancelled checks for the past three (3) years would be unduly burdensome and costly is an appropriate objection when, as in this case,: a. The requested bank statements and checks for the past three (3) years are not in the Defendant's possession and must be obtained from his bank. Pursuant to Pa.R.C.P. 4009.1 only documents in the custody and control of a party may be requested and, therefore, must be produced. Thus since the bank statements and cancelled checks requested are not in the custody and control of the Defendant, he is not required to produce them. b. The bank has told the Defendant that they will not provide the statements nor checks without substantial advance payment; C. Many of the bank statements and checks are readily available to the Plaintiff as 3 a joint owner of some of the accounts. d. The production of the statements and checks serves no legitimate purpose other than to harass the Defendant since the information contained therein is not relevant to any distribution issue involved in this case. e. Pursuant to Pa. R.C.P. 4011(b) discovery, including but not limited to a request for production of documents, is not permitted if the discovery "would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent or any person or party". Therefore the objection to Interrogatory No. 24 that the request is unduly burdensome and costly is a proper objection under the Pennsylvania Rules of Civil procedure. f. See Defendant's New Matter and Legal Defenses (paragraphs 17 through 28 herein) incorporated by referenced hereto. 9. DENIED. IT IS DENIED that Defendant is able to underwrite the costs associated with the production of the documents requested in Interrogatory No. 24, (Monthly bank statements and checks written for the last 3 years). ON THE CONTRARY, AND/OR BY WAY OF FURTHER ANSWER, it is averred that: a. Defendant is without sufficient funds to pay such costs as a result of being burdened with the costs of the marital home expenses, mortgage payments and home equity loan payment, as well as the payment of child support occasioned by Plaintiff's desertion of the parties' marriage and joint cohabitation with Defendant. b. Defendant cannot afford to pay such costs when he cannot even afford to retain the services of an attorney in this case being forced to seek legal advice as each issue arises since he does not have the funds required to pay the attorney's fee retainer fee. In this regard, Defendant was forced to secure legal assistance in the preparation of this Answer and incurred fees in the estimated amount of $500.00 and claim is made therefor. ANSWERS AS TO THE ALLEGATIONS REGARDING INTERROGATORY NO. 33 10. ADMITTED. IT IS ADMITTED that in response to Interrogatory Number 33, Defendant stated that "The production [of the requested documents] would be unduly burdensome and costly. They will be produced if the requesting party pays all costs therefore in advance" relating to all three (3) of the credit card accounts Defendant identified in Interrogatory Number 33". 4 11. DENIED. IT IS DENIED that "many of the requested statements are available for free to Defendant online from the individual credit card companies". ON THE CONTRARY AND/OR BY WAY OF FURTHER ANSWER, it is averred that: a. Defendant does not have internet service and, therefore, cannot access his credit card accounts in that manner and obtain any such statements; b. According to available information only a limited number of statements are available on line and certainly not the credit card statements for the last three (3) years as requested in Interrogatory No. 33. C. Defendant does not have the credit card statements for the last three (3) years requested in Interrogatory No. 33 in his possession and has provided Plaintiff's Attorney for an authorization permitting Plaintiff to contact the credit card companies and obtain the requested statements directly from those companies. 12. DENIED. IT IS DENIED that "Defendant's blanket use of the "unduly burdensome and costly" response to each account is tantamount to a general denial in contravention of the rules of evidence; a general denial, without more specificity, is not deemed a denial but rather deemed void under Pennsylvania's rules of evidence". On the contrary it is averred that an objection that the production of credit card statements for the past three (3) years would be unduly burdensome and costly is an appropriate objection when, as in this case,: a. The requested credit card statements for the past three (3) years are not in the Defendant's possession and must be obtained from the credit card companies in question. Pursuant to Pa. R.C. P. 4009.1 only documents in the custody and control of a party may be requested and, therefore, must be produced. Thus since the credit card statements are not in the custody and control of the Defendant, he is not required to produce them. b. The production of the statements serves no legitimate purpose other than to harass the Defendant since the information contained therein is not relevant to any issue involved in this case. C. Pursuant to Pa.R.C.P. 4011(b), discovery, including but not limited to a request for production of documents, is not permitted if the discovery request "would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent or any person or party". Pa. R.C.P. 4011(b). Therefore the objection to Interrogatory No. 33 that the request is unduly burdensome and costly is a proper objection under the above cited rules of civil procedure. 5 d. See Defendant's New Matter and Legal Defenses (paragraphs 17 through 28 herein) incorporated by referenced hereto. 13. DENIED. IT IS DENIED that Defendant is able to underwrite the costs associated with the production of the documents requested in Interrogatory Number 33, (Monthly credit card statements for the last 3 years). ON THE CONTRARY AND/OR BY WAY OF FURTHER ANSWER, it is averred that: a Defendant is without sufficient funds to pay such costs as a result of being burdened with the costs of the marital home expenses, mortgage payments and home equity loan payment, as well as the payment of child support occasioned by Plaintiff's desertion of the parties' marriage and joint cohabitation with Defendant. b Defendant cannot afford to pay such costs when he cannot even afford to retain the services of an attorney in this case being forced to seek legal advice as each issue arises since he does not have the funds required to pay the attorney's fee retainer fee. In this regard, Defendant was forced to secure legal assistance in the preparation of this Answer and incurred fees in the estimated amount of $500.00 and claim is made therefor. 14. ADMITTED. IT IS ADMITTED that Plaintiff has filed a Motion for a Rule to Show Cause why more complete answers should not be provided contemporaneously with this Motion to Compel. 15. ADMITTED. IT IS ADMITTED that Judge Ebert has been the only judge involved in this or any related cases, having entered orders in the PFA and custody matters between the parties. 16. ADMITTED. IT IS ADMITTED that the Defendant is not represented by counsel and is a pro se litigant and does not concur with Plaintiff's motion. By way of further answer it is averred that although the Defendant is pro se he does from time to time secure legal advice to assist him in this case. DEFENDANT'S NEW MATTER AND LEGAL DEFENSES 17. Plaintiff is not entitled to any documents, with or without redaction, since Plaintiff has not filed a Request for Production of Documents pursuant to PA. R.C.P. 4009 et seq. 18. Plaintiff is not entitled to the requested information since Plaintiff has exceeded the maximum number of Interrogatories permitted by the Cumberland County Local Rules of Court No. 4005.1. 6 19. Defendant has fully answered Plaintiff's Interrogatories, including but not limited to Interrogatories Nos. 18, 24 and 33, as required by the Pa.R.C.P. 4006 et seq. 20. Plaintiff's discovery request to Defendant was in the form of "Interrogatories" and was designated as "Interrogatories" by Plaintiff and not as a "Request for Production of Documents"; nor was any reference made in Plaintiff's Interrogatories to Pa.R.C.P. 4009.1, 4009.11 or 4009.12 or any official discovery request for the production of documents for inspection and/or copying as permitted by the Pennsylvania Rules of Civil Procedure. Therefore, since Plaintiff did not serve Defendant with any Request for Production of Documents pursuant to Pa.R.C.P. 4009 et seq., Defendant was not, and cannot be, compelled to produce any document for the Plaintiff. 21. Pursuant to Pa.R.C.P. 4006(a) Defendant was only required to supply a written answer to Interrogatories Nos. 18, 24 and 33, and was and is not required to attach any documentation supporting his answers. 22. An Interrogatory formulated and served pursuant to Pa.R.C.P. 4006 et seq. is not the same as a Request for Production of a Document or Thing served pursuant to Pa.R.C.P. 4009 et seq. Since Plaintiff's discovery document was in the form of Interrogatories, Plaintiff cannot compel the production of documents without also serving a separate official Request for Production of Documents formulated pursuant to Pa. R.C.P. 4009 et seq. Since Defendant was not served with a Request for Production of a Document or Thing, Defendant was not, and cannot be, compelled to produce any document for the Plaintiff, whether in original or redacted form. 23. Pursuant to Pa.R.C.P. 4006(b), if Defendant chose to do so, Defendant was authorize to specify the record from which the information could be derived, but was never required to produce the document in question. 24. Pursuant to Pa.R.C.P. 4006, objections to Interrogatories need only be provided in lieu of an "answer". Pursuant to Pa.R.C.P. 4006 (a) (1) an "answer" is to be "in writing... and inserted in the spaces provided in the interrogatories".2 A document is not a written answer and cannot be inserted in the spaces provided in the interrogatories. Therefore, since Rule 4006 makes no requirement to object to anything other than an "Answer", Defendant had no obligation to set forth a written objection before redacting information from the documents he gratuitously supplied in his answer. 25. Pursuant to Pa.R.C.P. 4006(a) Defendant was only required to supply a written answer 2 Pa.R.C.P.4006(a)(1). 7 to Interrogatories Nos. 18, 24 and 33, and was not, and is not, required to attach any documentation supporting his answers. 26. Defendant does not have the documents requested in Interrogatories Nos. 24 and 33 in his custody and control and, therefore, pursuant to Pa. R.C.P. 4009.1, Defendant is not required to produce documents which he does not have. 27. Pursuant to Pa.R.C.P. 4011(b), discovery, including but not limited to a request for production of documents, is not permitted if the discovery request "would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent or any person or party". Pa.R.C.P. 4011(b). Therefore, the objection to Interrogatories Nos. 24 and 34 that the requests are unduly burdensome and costly is a proper objection under the above cited Rule 4011(b). 28. This Court may not award attorney fees in this case. An award of attorneys fees regarding a request for production of documents is governed by Pa.R.C.P. 4019 (g)(1) and can only be granted after the Court has entered an order compelling compliance which has been subsequently disobeyed. In this regard Rule 4019(8)(1) specifically provides: (g) (1) Except as otherwise provided in these rules, if following the refusal, objection or failure of a party or person to comply with any provision of this chapter, the court, after opportunity for hearing, enters an order compelling compliance and the order is not obeyed, the court on a subsequent motion for sanctions may, if the motion is granted, require the party or deponent whose conduct necessitated the motions or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses, including attorney's fees, incurred in obtaining the order of compliance and the order for sanctions, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. (Emphasis added) (2)1 If the motion for sanctions is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. (3) If the motion for sanctions is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the 8 motion among the parties and persons in a just manner. Pa.R.C.P. 4019 (g)(1) . This Court may, therefore not grant Plaintiff's request for attorneys fees in this case. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an order denying Plaintiff's Motion and to award attorneys fees incurred by Defendant in the preparation for this Answer to the Motion. Respectfully Submitted, TOMMY L. MILLER, Defendant, Pro se Dated: 1,0131 07 9 VERIFICATION I verify that the statements made in the foregoing document 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. TOMMY L. MILLER, Defendant, Pro se Date: 10 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: Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 (Counsel for Plaintiff ) TOMMY L. MILLER, Defendant, Pro se Dated: 11 tit yt `? LISA MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 07-3908 CIVIL TOMMY L. MILLER, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 19th day of November, 2007, upon consideration of the Plaintiff's Motion to Compel Answers to Plaintiff's First Set of Interrogatories and Request for Production of Documents and the Answer filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that a status conference will be held on Tuesday, December 18, 2007, at 8:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Mark Mateya, Esquire Attorney for Plaintiff Tommy L. Miller, Defendant 619 Forge Road Carlisle, PA 17013 M. L. Ebert, Jr., ?9- bas By the Court, a o :C Wd 61 AGN LOOZ AdViO' OHi0bd 3% J0 3 ;HHP -0314 LISA MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : 07-3908 CIVIL TOMMY L. MILLER, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 181h day of December, 2007, upon request from the Plaintiff's Attorney to continue the Status Conference scheduled for this date so that the parties may continue to resolve the issues amicably, IT IS HEREBY ORDERED AND DIRECTED that the status conference scheduled for this date is continued generally. Counsel may request the hearing be rescheduled if needed. By the Court, 114\-? M. L. Ebert, Jr., rk Mateya, Esquire Attorney for Plaintiff lane G. Radcliff, Esquire ' Xommy L. Miller, Defendant 619 Forge Road J Carlisle, PA 17013 bas 61 :8 A 61 030 t6OZ wiG Ll,) d 3 110 LISA M?LLER, laintiff ?s. L. MILLER, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3908 : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Lisa Miller, Plaintiff, by and through her attorney, Mark A. Mateya, Esquire, moves This Court to appoint a master with respect to the following claims: (X) ivorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property ( ) upport ( ) ounsel Fees ( ) osts and Expenses and in sluDDort of the motion states: 1) Discovery is complete as to the claims for which the appointment of a master is ) Defendant, Tommy L. Miller, is unrepresented in this action and has proceeded pro se. ) The statutory grounds for divorce are 23 Pa.C.S. section 3301(d). 4) The action is contested with respect to the following claims: divorce, equitable of the parties' marital property, and distribution of property. 5) The action involves complex issues of fact. 6) The hearing is expected to take one-half day. 1 Plaintiff, Lisa Miller, filed a complaint in divorce on June 28, 2007. issues. ) Plaintiff and Defendant have been unable to reach a settlement on the outstanding Plaintiff, Lisa Miller, respectfully requests that This Honorable Court a} point a master with respect to his claim for divorce, equitable distribution of the parties' marital property, and distribution of property. Respectfully submitted, J Mark A. Mateya, Es ire Mateya Law Firm, P.C. P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff Date 2 VERIFICATION of relating DA' Lisa Miller, verify that the facts set forth in the foregoing Motion for Appointment are true and correct to the best of my knowledge, information, and belief. I that false statements herein are subject to the penalties of 18 Pa. C.S. § 4094, unsworn falsification to authorities. Lis Miller 4 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document o? the following person(s) by depositing a true and correct copy of the same in the United Stags Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberlan4 County, Pennsylvania addressed to: Tommy M 619 Forge Carlisle, P 17015 Mark A. Mateya, squire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax zzI 6)cf 2609 KA Y 2 7 i i ' MAY 2 0 2009 LISA MILLER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3908 TOMMY L. MILLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER APPOINTMENT MASTER / ,?1AC." AND NOW, this day of , 2009, n c - 9be7 , Esq. is appointed master with respect to the following claims: 1. Equitable Distribution; 2. Granting of Divorce Decree 3. Distribution of Property BY T T: Y U Cr_ as G }- rib 0 LISA MILLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3908 TOMMY L. MILLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on June 28, 2007. 2. The marriage of 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 in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Lisa Miller Plaintiff DATED: , o 0 9 FILER --CYFRCE OF THE ARY 2009 JUL -f Ali 8: li 3 LVt^,,, l LISA MILLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3908 TOMMY L. MILLER, : CIVIL ACTION - LAW Defendant : 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 notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE Cc? 3G' J0q Lisa Miller Plaintiff FILED-D-riCE OF THE' FlP,.)THI",',l,,I0TAPY 2099 JUL -6 AM 8* t+3 W-* 1. I?{\"ty LISA MILLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3908 TOMMY L. MILLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on June 28, 2007. 2. The marriage of 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 in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: Tim ii?y C. Miller Defendant t? FILE D-0r"E=? OF THEE' PPOTIH.CNDTAPY 2004 JUL -6 AM S. 43 CIJI I IN V LISA MILLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3908 TOMMY L. MILLER, : CIVIL ACTION - LAW Defendant : 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE d 6 Tommy L. Mil er Defendant FILEQ-O; FICE OF THE PP'-)Y?-!c I'IoTmy 2009 JUL -6 AM 6.- 4 3 i ?. P 67- - VP MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this day of (rV 2009, by and between LISA MILLER, (hereinafter referred to as "WIFE") and TOMMY L. MILLER, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 23, 2001, in Carlisle, Pennsylvania, and separated in June 2007. WIFE filed a Divorce Action in Cumberland County, Pennsylvania, on June 28, 2007, docketed at 2007-03908 Civil Term. The parties hereto agree and covenant as follows: The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their marital property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their t? respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4 The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving the advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501, and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code or any other law 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. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The jointly owned real estate owned by the parties at 619, Forge Road, Carlisle, Pennsylvania will be sold and the proceeds will be equally divided upon payment of the normal and necessary fees and taxes, as well as the then present outstanding mortgage balance with Northwest Savings, presently at the amount of $125,921.84, home equity line of credit with M & T Bank, presently at the amount of $18,098.64, and personal loan of $12,200.00 due to Wife's parents . HUSBAND and WIFE agree that they will attempt to sell the property without the aid of a Realtor. If the property remains unsold for a period of sixty (60) days after the date of the execution of this document, they will list the house with Help-U-Sell Detwiler Realty of Carlisle, Pennsylvania. 8. DEBTS: HUSBAND shall be solely responsible for all debts solely in his own name including but not limited to personal loans, charge accounts, and credit cards. WIFE will be solely responsible for her own credit card debts. Both parties represent and warrant to the other that neither has incurred and will not incur in the future contract or incur, any debt of liability for which the other or the estate of the other might be responsible. 9. SPOUSAL SUPPORT AND ALIMONY: HUSBAND and WIFE agree that neither Husband nor Wife shall pay alimony to the other following the execution of this document. 10. PERSONAL PROPERTY: The parties agree that they will amicably divide the personal property among themselves once the real estate has been sold. WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest, which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. AUTOMOBILES: The parties acknowledge that HUSBAND and WIFE have and shall retain sole and exclusive ownership of their own vehicles. HUSBAND shall retain sole and exclusive ownership of a certain Saturn vehicle and a pick up truck. WIFE shall retain sole and exclusive ownership of a Nissan SUV. HUSBAND shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. WIFE shall make no claim whatsoever relative to access or to use of the aforesaid vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles from the date of execution of this Agreement forward. 12. INTANGIBLE PERSONAL PROPERTY: The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing of this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other rights on such polices to the respective party who presently owns such policy. 13. SUBSEQUENTLY ACQUIRED PROPERTY: HUSBAND and WIFE agree to waive and relinquish any and all rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. HUSBAND and WIFE specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 14. PENSION, RETIREMENT, AND SURVIVOR BENEFITS: HUSBAND agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in WIFE's pension through her present or prior employment. HUSBAND hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that WIFE may have in her individual name or may have secured through her present or prior employment. 15. LIFE INSURANCE: Each party shall retain ownership of his or her own life insurance policies. The parties agree that HUSBAND and WIFE shall maintain their children, LANDON MILLER and BRINLEY MILLER as beneficiaries of any life insurance policies that HUSBAND and WIFE now own until said children each reaches the age of 21 years. HUSBAND and WIFE agree to exchange a copy of said policies documenting LANDON MILLER and BRINLEY MILLER as beneficiaries as soon as practically possible. HUSBAND and WIFE agree that they may not take out additional life insurance on themselves in order to name another person as beneficiary of any such life insurance policies. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policy. 16. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. HUSBAND agrees to waive all interest, which he has in any bank accounts of the WIFE. 17. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. The parties shall simultaneously with the signing of this Agreement, execute Affidavits of Consents and Waivers of Notice of Intention to Request Entry of Divorce Decree. Said documents shall be filed with the court and counsel for the WIFE will file a Praecipe to Transmit Record and obtain a divorce decree. 18. 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 for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 19. 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 that may be reasonably required to give full force and effect to the provisions of this Agreement. 20. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 21. 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. 22. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 23. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 24. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs required to obtain and complete the divorce. 25. WAIVER OF CLAIMS AGAINST ESTATES: 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 have 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 in intestacy, right to take against the Will of the other, and 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 interests, rights and claims. 26. MODIFICATION: No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 27. SEVERABILITY: If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 28. AGREEMENT NOT TO BE MERGED: This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. (SEAL) .. (SEAL) TO Y L. ILLER r l COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this JO" ay o 2009, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, LISA MILLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal ` Frances A. Aumiller, Notary Public South Middleton Twp., Cumberland County My Commi sion Expires March 16, 2010 Member, Pennsylvania Association of Notaries Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: PERSONALLY APPEARED BEFORE ME, this 116f day of 2009, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, TOMMY L. MILLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NL Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea Jayme M. Emig, Notary Public Lemoyne Boro, Cumberland County My Commission Expires Mar. 4, 2010 Member, Pennsylvania Association of Notaries CAF THE FI-"T;_C!K",P7 v 2009 SUL -6 AV, 6: 4 4 t _i 7= t ?'Jr ,F? LISA MILLER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 3908 CIVIL TOMMY L. MILLER, Defendant IN DIVORCE ORDER OF COURT I AND NOW, this day of 2009, the economic claims raised in the proceed ngs having been resolved in accordance with a marriage settlement agreement dated June 30, 2009, 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. cc: ark A. Mateya Attorney for Plaintiff X L. Miller Defendant A BY THE COURT, Q Y 1 Cwt Edgar B. Bayley, P.J. OF THE P f?`11',- FAPY 2009 JUL 22 PH 1* 5 0 €'a4j S` LVA:NIA, V LISA MILLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3908 TOMMY L. MILLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 ( c) of the Divorce Code. 2. Date and manner of service of the complaint: By certified mail on or about July 20, 2007. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff June 30, 2009 ; by Defendant July 1, 2009 (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in §3301( c) Divorce was filed with the prothonotary: simultaneously herewith. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: Simultaneously herewith Plaintiff has filed a Waiver of the Notice of Intention to Request Entry of A Divorce Decree. ?Akjg? MaA. Mateya, Es wire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff i l1»«Jl ?i!.J 4. OF 7-r_ 2099 JUL 31 P 1, 1 3: 25- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA MILLER V. TOMMY L. MILLER NO 07-3908 DIVORCE DECREE AND NOW, Qa4 v $t it is ordered and decreed that LISA MILLER plaintiff, and TOMMY L. MILLER defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") THE MARRIAGE SETTLEMENT AGREEMENT ENTERED INTO BY AND BETWEEN THE PARTIES IS INCORPORATED BUT NOT MERGED INTO THE DIVORCE DECREE. By the Court, /941ri