HomeMy WebLinkAbout07-4221STACY B. WOLF, ESQUIRE
ATTORNEY ID N0.88732
10 WEST HIGH STREET
CARLISLE PA 170]3
(717) 241-4436
ATTORNEY FOR PLAINTIFF
BRADLEY S. MILLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION -LAW
KELLY L.MILLER, : N0.07 - ~(2 2 l CIVIL TERM
Defendant : IN DNORCE AND CUSTODY
NOTICE
You have been sued in court. If you wish to defend against the clauns set fottll in the
following pages, you must take prompt action. You are roamed that if you fail to do so, the case
may proceed without you and a decree in divorce or annulment maybe entered against you by the
court. A judgment may also be entered against you for any other claim or relief requested in these
papers by the plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
STAGY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
10 WEST HIGH STREET
CARLISLE PA 170]3
(717) 241-4436
ATTORNEY FOR PLAINTIFF
BRADLEY S. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
KELLY L.MILLER,
Defendant
CIVIL ACTION -LAW
N0.07 - yaZ -2 / CIVIL TERM
IN DIVORCE AND CUSTODY
COMPLAINT IN DIVORCE PURSUANT TO
SECTION 3301 OF THE DIVORCE CODE
NOW, comes the plaintiff and files this complaint in divorce against the defendant,
representing as follows:
1. The plaintiff is Bradley S. Miller, an adult individual residing at 312 West Main Street,
Apt. 5, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The defendant is Kelly L. Miller, an adult individual residing at 2818 Boas Street,
Harrisburg, Dauphin County, Pennsylvania 17103.
3. The plaintiff and defendant have been residents of the Commonwealth of
Pennsylvania at least six months prior to the filing of this action in divorce.
4. The parties were married on April 6, 2002, in Harrisburg, Pennsylvania.
5. A prior action of divorce between the parties was filed but a praecipe to discontinue
was filed and the case was dismissed.
6. The plaintiff avers that he has been advised of the availability of counseling and that
said party has the right to request that the court require the pasties to participate in counseling.
COUNT I
REQUEST FOR A NO-FAULT DIVORCE
UNDER SECTION 33010 OF THE DNORCE CODE
7. The averments of Paragraphs 1 through 6 hereof are incorporated herein by
reference.
8. The marriage between the parties is irretrievably broken.
9. After ninety (90) days have elapsed from the date of the filing and service of this
Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that
Defendant may also file such an Affidavit.
WHEREFORE, if both parties file Affidavits consenting to a divorce after ninety (90) days
have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests this
Honorable Court enter a decree of divorce pursuant to § 3301(c) of the Divorce Code.
COUNT II
RE ,ZUEST FOR A NO-FAULT DNORCE
UNDER SECTION 3301(~,~OF THE DIVORCE CODE
10. The averments of Paragraphs 1 through 9 hereof are incorporated herein by
reference.
11. The marriage of the parties is irretrievably broken.
12. The parties are living separate and apart; and at the appropriate time, Plaintiff will
submit an Affidavit alleging that the parties have lived separate and apart for at least two years as
specified in § 3301(d) of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a decree of
divorce pursuant to § 3301(d) of the Divorce Code.
13. The averments of Paragraphs 1 through 12 hereof are incorporated herein by
reference.
14. Plaintiff seeks custodyof the following child:
Name Present Residence Awe
Noah B. Miller 2818 Boas Street 5 years
Harrisburg, PA 17103 D.O.B. 12/24/2001
15. A second child, Elijah Miller, was born during the marriage of the parties but pending
the determination of paternity in Dauphin Countywhere a support action has been filed by
Defendant, Plaintiff is not seeking custody of Elijah at this time but reserves his right to do so
pending the outcome of blood tests.
16. Plaintiff and Defendant are the natural parents of Noah B. Miller.
17. The child was born prior to the marriage of the parties.
18. The child is presently in the custody of Defendant, who resides at 2818 Boas Street,
Harrisburg, Pennsylvania 17103.
19. Since the child's birth, the child has resided with the following persons at the
following addresses:
~~ ~ ;
Defendant 2818 Boas Street 5/29/07-present
Hamsburg, PA 17103
Plaintiff/Defendant 304 State Street, Apt. 1 7/2006-5/29/2007
Enola, PA 17025
Plaintiff/Defendant 2818 Boas Street 3/2005-7/2006
Harrisburg, PA 17103
Defendant 2818 Boas Street 12/2004-3/2005
Harrisburg, PA 17103
Plaintiff/Defendant 3814 Colonial Road 7/03-12/2004
Harrisburg, PA 17109
Plaintiff/Defendant 2818 Boas Street Birth-7/2003
Harrisburg, PA 17103
20. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
21. Plaintiff has no information of a custodyproceeding concerning the child pending in
a court of this Commonwealth or any other state.
22. Plaintiff does not know of a person not a partyto the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
23. Father has been alienated from the child since the parties' separation on May 29,
2007 by not having telephone contact with him and Mother has denied Father any visitation with his
child.
24. Plaintiff seeks shared legal custody and partial custody of the child on an ever
other-weekend basis from Saturday at 12:00 p.m, until Sunday at 12:00 p.m., every Tuesday from
4:00 p.m. unti18:00 p.m., and the third full week each July.
25. Plaintiff seeks the establishment of a specific location for the exchange of custody
between the parties at a public place that is not at either party's residence.
26. The best interest and permanent welfare of the child will be served by granting the
relief requested because the child needs to continue to have a relationship with his Father, and
because Father is concerned that Mother will not allow him to have partial custody of the child
without an order of court based on her actions since the separation.
WHEREFORE, for the reasons set forth herein, Plaintiff, Bradley S. Miller, respectfully
requests that the Court enter an order granting him shared legal and partial custody of the child.
WOL & WOLF
~U ~ ` , 2007 BY: ''~+ -
STACY B WOLF, ESQUI
Supreme Court ID #88732
10 West High Street
Carlisle, Pennsylvania 17013
(717) 241-4436
Attorney for Plaintiff
VERIFICATION
I verifythat the statements made in this complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.GS. Section 4904, relating to
unsworn falsification to authorities.
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Bradley S. Mill ,Plaintiff
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BRADLEY S. MILLER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
KELLY L. MILLER
DEFENDANT
• 07-4221 CIVIL ACTION LAW
1N CUSTODY
ORDER OF COURT
AND NOW, Monday, July 23, 2007 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator,
at ____ 4th Floor, Cumberland Coun Courthouse, Carlisle _ on Tuesday, August 14, 2007 at 9:30 AM
-~---- - -
for aPre-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 Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Is/ ac ueline M. Verne Es .
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 NO'T'
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
Carlis]e, Pennsylvania 17013
Telephone (717) 249-3166
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JUL t02~7~
STAGY B. WOLF, ESQUIRE
ATTORNEY ID N0.88732
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
BRADLEY S. MILLER,
Plaintiff'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
KELLY L.MILLER,
Defendant
CIVIL ACTION -LAW
N0.07 - _ CIVIL TERM
IN DIVORCE AND CUSTODY
PLAINTIFF'S 1VLA~Ri_AGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of mamage counseling and understand that I may
request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of mamage counselors in the Prothonotar~s
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I participate
in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
[ ~ 2007
Bradley S. M' r, Plaintiff
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BRADLEY S. MILLER,
Plaintiff
v.
KELLY L. MILLER,
Defendant
:IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-4221
CIVIL ACTION -- DIVORCE
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Kelly L. Miller, Defendant, to proceed In forma pauperzs
I, Nora F. Blair, attorney for the party proceeding in forma pauperis, certify
that I believe the party is unable to pay the costs and that I am providing free legal
services to the party in her support matters having been appointed by MidPenn
Legal Services.
submi
i1V a F. Blair -'
S reme Court ID #45513
5440 Jonestown Road
Post Office Box 6216
Harrisburg, PA 17112-0216
(717) 541-1428
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BRADLEY S. MILLER,
Plaintiff
v.
KELLY L. MILLER,
Defendant
:IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-4221
CIVIL ACTION -- DNORCE
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 or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of marriage
counselors is available in the Office of the Prothonotary, Cumberland County
Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EKPENSES 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
23 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
BRADLEY S. MILLER,
Plaintiff
v.
KELLY L. MILLER,
Defendant
:IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-4221
CIVIL ACTION -- DNORCE
ADDITIONAL COUNTS TO DNORCE COMPLAINT
And now comes Kelly L. Miller and by and through her attorney, Nora F.
Blair, Esquire files these Additional Counts to Divorce Complaint and in support
thereof avers as follows:
1. A Complaint in Divorce Pursuant to Section 3301 of the Divorce Code was
filed in the above-captioned matter on July 18, 2007.
2. Defendant now desires to file additional counts to the Divorce Complaint.
COUNTI
ALIMONY PENDENTE LITE, COUNSEL FEES,
COSTS AND EXPENSES UNDER SECTION 3702
OF THE DIVORCE CODE
3. The prior paragraphs of this pleading and of the Complaint in Divorce are
incorporated herein by reference thereto.
4. Defendant is unable to sustain herself during the course of litigation.
5. Defendant lacks sufficient property to provide for her reasonable needs and
is unable sustain herself through appropriate employment.
6. Plaintiff has sufficient resources available to sustain himself, pay his
counsel fees, costs and expenses and provide assistance to Defendant for
her support, counsel fees, costs and expenses.
7. Plaintiff is in a better position to provide for Defendant than Defendant can
provide for herself.
8. Defendant desires that the Court enter an award of Alimony Pendente Lite,
Counsel Fees, Costs and Expenses after considering all relevant factors.
WHEREFORE, Defendant respectfully requests thatYour Honorable Court
enter an award of Alimony Pendente Lite until final hearing and that the Court
enter an Order directing Plaintiff to pay Defendant's reasonable counsel fees, costs
and expenses pursuant to Section 3702 of the Divorce Code.
COUNT II
ALIMONY UNDER SECTION 3701
OF THE DIVORCE CODE
9. The prior paragraphs of this pleading and of the Complaint in Divorce are
incorporated herein by reference thereto.
10. Defendant lacks sufficient property to provide for her reasonable needs and
is unable to sustain herself through appropriate employment.
11. Plaintiff has sufficient property and resources to provide for himself and
Defendant.
12. Defendant desires that the Court enter an award of permanent alimony after
considering all relevant factors.
WHEREFORE, Defendant respectfully requests that Your Honorable Court
enter an award of alimony to be paid to Defendant by Plaintiff pursuant to Section
3701 of the Divorce Code.
DATED: ~- ~ _ a
Respectflx,~Yy submitted,
F. Blair
Court ID #45513
5440 Jonestown Road
Post Office Box 6216
Harrisburg, PA 17112-0216
(717) 541-1428
VERIFI%ATION
I verify that the statement made in the foregoing document are true and
correct to the best of my knowledge, information and belief. I understand that the
statements therein are made subject to the penalties of 18 Pa. C.S. § 4904. relating
to unsworn falsification to authorities.
Dated: ~` 3 0
BRADLEY B. MILLER,
Plaintiff
v.
KELLY L. MILLER,
Defendant
:IN THE COURT OF~ COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-4221
CIVIL ACTION -- DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that I have this date served a copy of the Additional Counts
to Divorce Complaint on the person in the manner stated below which service
satisfies the requirement of Pa.R.C.P. No. 440.
SERVICE BY FIRST CLASS MAIL TO:
Stacy B. Wolf, Esquire
10 West High Street
Carlisle, PA 17013
Date: August 3, 2007 Respec, y submitte -
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STAGY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
10 WEST HIGH STREET
CARLISLE PA 170]3
(717) 241-4436
ATTORNEY FOR PLAINTIFF
BRADLEY S. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
KELLY L.MILLER,
Defendant
CIVIL ACTION -LAW
N0.07 - ~a~~ CIVIL TERM
IN DIVORCE AND CUSTODY
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being dulysworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I may
request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotar~s
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I participate
in counseling prior to a divorce decree being handed down.
I verifythat the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
.3 , 2007 -
elly L. er, Defendant
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STACY B. WOLF, ESQUIRE
ATTORNEY ID N0.88732
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
BRADLEY S. MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
KELLY L. MILLER,
Defendant
CIVIL ACTION -LAW
N0.07 - ~~ ( CIVIL TERM
IN DIVORCE AND CUSTODY
ACCEPTANCE OF SERVICE
I, Kelly L. Miller, certify that I am the defendant in this matter. Furthermore, I hereby
certifythat on ~-~ J , 2007, I received a certified copy of the divolre complaint filed
in this action.
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Kelly L.
Defendan
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BRADLEY S. MILLER,
Plaintiff
VI.
KELLY L. MILLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007-4221
IN CUSTODY
ORDER OF COURT
CIVIL ACTION -LAW
AND NOW, this Std day of S E ~~ t M 4k ~. , 2007, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Father, Bradley S. Miller and the Mother, Kelly L. Miller, shall have
shared legal custody of Noah B. Miller, born December 24, 2001. Each parent shall have
an equal right, to be exercised jointly with the other pazent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited
to, all decisions regazding his health, education and religion. Pursuant to the terms of 23
Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to
the child including, but not limited to medical, dental, religious or school records, the
residence address of the child and the other pazent. To the extent one parent has
possession of any such records or information, that pazent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent. Both parents shall be
entitled to full participation in alI educational and medicaUtreatment planning meetings
and evaluations with regard to the minor child. Each parent shall be entitled to full and
complete information from any physician, dentist, teacher or authority and copies of any
reports given to them as parents including, but not limited to: medical records, birth
certificates, school or educational attendance records or report cards. Additionally, each
parent shall be entitled to receive copies of any notices which come from school with
regazd to school pictures, extracurricular activities, children's parties, musical
presentations, back-to-school nights, and the Like.
2. Mother shall have primary physical custody of the child.
3. Father shall have the following periods of partial physical custody of the
child:
A. Beginning September 15, 2007 alternating weekends from Saturday at
1:00 p.m. to Sunday at 1:00 p.m.
B. Every Tuesday from 5:30 p.m. to 5:00 p.m.
C. The third week in June, from Sunday at 1:00 p.m. to Sunday at 1:00
p.m.
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D. The second week in July, from Sunday at 1:00 p.m. to Sunday at 1:00
p.m.
E. The second week in August, from Sunday at 1:00 p.m. to Sunday at
1:00 p.m.
4. Memorial Day, July 4~' and Labor Day shall be alternated at times agreed
by the parties with Father having physical custody of the Child for Memorial Day 2008.
5. Thanksgiving shall be shazed such that Mother shall always have physical
custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall always have physical
custody of the child from 3:00 p.m. to 9:00 p.m.
6. Christmas shall be divided into two Blocks. Block A is from Christmas
Eve at 2:00 p.m. to Christmas Day at 2:00 p.m. Block B shall be from 2:00 p.m.
Christmas Day to December 26 at 2:00 p.m. Mother shall always have Block A and
Father shall always have Block B.
7. Mother shall have physical custody of the child on Easter from 9:00 a.m.
to 2:00 p.m. and Father shall have physical custody of the child from 2:00 p.m. to 8:00
p.m.
8. Mother shall have physical custody of the child on Mother's Day from
9:00 a.m. to 5:00 p.m. and Father shall always have physical custody of the child on
Father's Day from 9:00 a.m. to 5:00 p.m.
9. Transportation shall be shazed such that the parties shall exchange custody
at the Commerce Bank on Union Deposit Road in Harrisburg.
10. Father shall continue to participate in pazenting classes and anger
management classes with his current counselor until successfiilly dischazged. Father
shall sign a release so that Mother can be assured that Father continues to participate in
counseling.
11. 'This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
. J. ~,
ccy B. Wolf, Esquire, Counsel for Father
~,~?dora F. Blair, Esquire, Counsel for Mother ~ ~~~
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BRADLEY S. MILLER,
Plaintiff
V.
KELLY L. MILLER,
Defendant
PRIOR JUDGE: None
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007-4221 CIVIL ACTION -LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Noah B. Miller December 24, 2001 Mother
2. A Conciliation Conference was held in this matter on September 4, 2007,
with the following in attendance: The Father, Bradley S. Miller, with his counsel, Stacy
B. Wolf, Esquire, and the Mother, Kelly L. Miller, with her counsel, Nora F. Blair,
Esquire.
3. The parties agreed to an Order in the form as attached.
Date acq ine M. Verney, Esquire
Custody Conciliator
STACY B. WOLF, ESQUIRE
ATTORNEY ID N0.88732
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
BRADLEY S. MILLER,
Plaintiff
v.
KELLY L. MILLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
N0.2007-4221.
IN CUSTODY
STIPULATION
AGREEMENT, made this / ~fh day of ~G~.-~ UGC ~'' y , 2008, by and between
BRADLEY S. MILLER, hereinafter referred to as "Plaintiff," and KELLY L. MILLER, hereinafter
referred to as "Defendant."
WHEREAS, the parties have reached an agreement concerning the issue of custodywith
respect to their child, Elijah Miller, age 2 years, born December 29, 2005, and desire that this
Stipulation be entered as an Order by the Court of Common Pleas of Cumberland County,
Pennsylvania;
NOW, THEREFORE, intending to be legally bound, the parties hereby agree that:
1. The best interests and permanent welfare of the child require that the parties have joint legal
custody of the child, with the defendant having primary physical custody of the child and the plaintiff
having periods of partial physical custody of the child pursuant to the same schedule as that of the
parties' other child, Noah B. Miller.
2. Both parties, as evidenced by their joint execution of this stipulation, have mutually agreed
upon an amicable arrangement for the legal and physical custody of the child and request that the Court
enter an order as provided below without the necessity of a hearing:
A. The parties shall have joint legal custody of their minor child, Elijah Miller (born
December 29, 2005, age 2).
B. The Mother shall have primary physical custody of the child.
C. The Father shall have periods of partial physical custody of the child as follows:
1. Alternating weekends beginning Saturday at 1:00 p.m until Sunday at 1:00
p.m
2. Every Tuesday from 5:30 p.m unti18:00 p.m
3. The third week in June, from Sunday at 1:00 p.m until Sunday at 1:00 p.m
4. The second week in July, from Sunday at 1:00 p.m until Sunday at 1:00 p.m
5. The second week in August, from Sunday at 1:00 p.m until Sunday at 1:00
p.m
D. Memorial Day, July 4`s, and Labor Day shall be alternated at times agreed by the
parties with Father having physical custody of the child for Memorial Day 2008.
E. Thanksgiving shall be shared such that Mother shall always have physical
custody of the child from 9:00 a.m until 3:00 p.m and Father shall always have physical
custody of the child from 3:00 p.m until 9:00 p.m
F. Christmas shall be divided into two Blocks. Block A is from Christmas Eve at
2:00 p.m until Christmas Day at 2:00 p.m Block B shall be from 2:00 p.m Christmas Day until
December 26 at 2:00 p.m Mother shall always have Block A and Father shall always have
Block B.
G. Mother shall have physical custody of the child on Easter from 9:00 a.m until
2:00 p.m and Father shall have physical custody of the child from 2:00 p.m unti18:00 p.m
I-i Mother shall always have physical custody of the child on Mother's Day from 9:00 a.m.
until 5:00 p.m and Father shall always have physical custody of the child on Father's Day from
9:00 a.m unti15:00 p.m.
I. Transportation shall be shared such that the parties shall exchange custody at the
Commence Bank on Union Deposit Road in Harrisburg.
J. In the event of the breach of the agreement of the parties by any party, the
nonbreaching party shall have the right to file a petition for contempt of court and to seek specific
performance of the terms of the agreement of the parties. All costs, expenses and reasonable
attorneyfees incurred bythe successful patty in anylitigation to obtain an order of contempt or
specific performance of this agreement shall be recoverable as part of the judgment entered bythe
court.
K. Any modification or waiver of arty of the provisions of the agreement of the patties
shall be effective only if made in writing and only if executed with the same formality of the
agreement of the parties.
WHEREFORE, the plaintiff and defendant respectfully request that the Court enter an Order
providing for the legal and physical custody of the child as aforesaid.
January ~, 2008
STACY B. W F
Attorney fot Plaintiff
VERIFICATION AND
CONFIRMATION OF AGREEMENT
We do herebyverifythat the acts set forth in this stipulation are true and correct. We
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating
to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each
unequivocally express our mutual and voluntary agreement to the amicable custody arrangement
provided above and request that the terms thereof be entered as an Order of Court without the
necessity of a custody conciliation, hearing or other proceeding.
COMMONW]EA]LTH OF PENNSYLVANIA:
:SS:
COUNI"Y OF CUMBERLAND ~
On this, the / `r dayof ,%,G~v~ , 20~, before me, the undersigned officer, personally
appeared BRADLEY S. MILLER, known me (or satisfactorily proven) to be the person whose name
is subscrrbed to the within instrument and acknowledged that he executed same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto se y and official seal.
COMMONWEALTH OF PEN~lSYLVANIA
N~ seal (SEA,L)
Nathan c. wdf, N~ery Put~c
Care ~, ,~„ ~My try Public
My Gaon Expires Apr.19,2008 ~ t
R~O.~~~! PENNSYLVANIA
COUNTY OF CUMBERLAND Y
On this, the day of ~~, 200, before me, the undersigned officer, personally
appeared KELLY L. MILLER, known to me (or satisfactorily proven} to be the person whose name is
subscribed to the within instrurrrent and acknowledged that she executed same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto se y hand and official se
(SEAL)
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BRADLEY S. MILLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION -LAW
KELLY L. MILLER, : N0.2007-4221
Defendant
IN CUSTODY
ORDER OF COURT
Bch
AND NOW, this ~`1 day of ~ a~ v A r y 2008, upon presentation and
consideration of the attached Stipulation, it is hereby Ordered and directed that the Stipulation be
entered as an Order of Court.
BY THE COURT,
,.
Distribution:
/Stacy B. Wolf, Esquire
For the Plaintiff
/Nora F. Blair, Esquire
For the Defendant
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STAGY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
BRADLEY S. MILLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
~, :CIVIL ACTION -LAW
KELLY L.MILLER, : N0.07 -4221 CIVIL TERM
Defendant : IN DIVORCE AND CUSTODY
PRAECIPE TO WITHDRAW DIVORCE COUNTS
OF DIVORCE COMPLAINT
TO THE PROTHONOTARY:
Kindly mark the matter withdrawn solely as to Divorce Counts I and II of the Divorce
Complaint filed by Plaintiff on July 18, 2007, in the above-captioned matter.
WOLF & WOLF
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September , 2008 BY:
STAGY B. LF, ESQUIRE
Supreme Co ID #88732
10 West High Street
Carlisle, Pennsylvania 17013
(717) 241-4436
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
File No. 08-4221
WASHINGTON MUTUAL BANK, ~ Amount Due $127,399.51
Plaintiff,
Interest from 08/25/2008 to date of sale $6,793.01
vs.
MICHELLE CLAYTON
Defendant.
TO THE PROTHONOTARY OF THE SAID COURT:
Costs
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and
costs upon the following described property of the defendant(s):
See Ezhibit "A" attached
PRAECIPE FOR ATTACHMENT EXECUTION
Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above,
directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six
copies of the description; supply four copies of lengthy personality list):
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pend ain ~ of the
defendant(s) described in the attached exhibit.
DATE: September 4, 2008 Signature:
Print Name:
Address:
Attorney for:
Telephone:
Supreme Court ID No.:
Kimberly A. Bonner, Esquire
Richard P. Haber, Esquire
Eric Santos, Esquire
Zucker, Goldberg & Ackerman, LLC
200 Sheffield Street, Suite 301
Mountainside, NJ 07092 _
Plaintiff
908-233-8500
55650
89705
202567
201493
Zucker, Goldberg & Ackerman, LLC
FRP-104983
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EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OR PACEL OF LAND AND PREMISES, SITUATE, LYING, AND
BEING IN THE BOROUGH OF MECHANICSBURG, IN THE COUNTY OF CUMBERLAND AND
COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POST, CORNER OF LOT FORMERLY OF MARY FISHEL, NOW OR LATE OF
HARRY SNYDER, AND THE BUILDING LINE OF SAID SOUTH YORK STREET; THENCE
SOUTHWARD ALONG THE BUILDING LINE OF SAID SOUTH YORK STREET 69 FEET TO A
FORMERLY OF W.E. HOOPES, NOW OR FORMERLY OF MRS. JOHN NALLOR; THENCE
WESTWARD ALONG THE LINE OF SAID LOT 118 FEET, MORE OR LESS, TO THE CENTER OF
A 20 FOOT ALLEY; THENCE NORTHWARD ALONG THE CENTER OF SAID ALLEY 69 FEET
TO A LOT NOW OR FORMERLY OF HARRY SNYDER; THENCE EASTWARD ALONG THE
SAID LOT 120 FEET, MORE OR LESS TO THE PLACE OF BEGINNING.
HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED
AS 426 SOUTH YORK STREET, MECHANICSBURG, PA, 17055.
BEING THE SAME PREMISES WHICH NOEL SCOTT CLAYTON AND MICHELLE
CLAYTON, HUSBAND AND WIFE, BY DEED DATED NOVEMBER 18, 2004 AND RECORDED
DECEMBER 1, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK
VOLUME 266, PAGE 2508, GRANTED AND CONVEYED UNTO MICHELLE CLAYTON.
TAX MAP NO.: 20-24-0785-314.
Zucker, Goldberg & Ackerman, LLC
FRP-104983
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N008-4221 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK Plaintiff (s)
From MICHELLE CLAYTON
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $ 127,399.51
L.L.$0.50
Interest FROM 8/25/08 TO DATE OF SALE $6,793.01
Atty's Comm % Due Prothy $2.00
Atty Paid $ 157.00
Plaintiff Paid
Other Costs
Date: SEPTEMBER 11, 2008
(Seal)
Curti .Long, onotar
By:
Deputy
REQUESTING PARTY:
Name SCOTT A DIETTERICK ESQ
ZUCKER GOLDBERG & ACKERMAN LLC
Address: 200 SHEFFIELD STREET, SUITE 301
MOUNTAINSIDE, N J 07092
Attorney for: PLAINTIFF
Telephone: 908-233-8500
Supreme Court ID No. 55650
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WASHINGTON MUTUAL BANK, CIVIL DIVISION
Plaintiff, N0.:08-4221
vs.
MICHELLE CLAYTON
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
Washington Mutual Bank, Plaintiff in the above action, sets forth as of the date the
Praecipe for Writ of Execution was filed the following information concerning the real property
located at 426 South York Street, Mechanicsburg, PA 17055.
Name and Address of Owner(s) or Reputed Owner(s):
MICHELLE CLAYTON
426 South York Street
Mechanicsburg, PA 17055
2. Name and Address of Defendant(s) in the Judgment:
MICHELLE CLAYTON
426 South York Street
Mechanicsburg, PA 17055
3. Name and Address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
WASHINGTON MUTUAL BANK
Plaintiff
NORTH STAR CAPITAL ACQUISITION, LLC
C/O DAVID J. APOTHAKER
2417 WELSH ROAD, SUITE 21 #520
PHILADELPHIA, PA 19114
Zucker, Goldberg & Ackerman, LLC
FRP-104983
iy
PO Box 320
Carlisle, PA 17013
UNKNOWN TENANT OR TENANTS
426 South York Street
Mechanicsburg, PA 17055
UNKNOWN SPOUSE
426 South York Street
Mechanicsburg, PA 17055
PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION
Dept. 280601
Harrisburg, PA 17128-0601
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to u~sworn falsi~fi~e~tie~ to authorities.
ZUCKER
LLC
Dated: September 4, 2008 BY: ~ v
Scott A. Die Brick, A I.D. #55650
Kimberly A. Bonner, esquire; PA.LD. #89705
Richard P. Haber, Esquire; PA.I.D. #202567
Eric Santos, Esquire; PA I.D. #201493
Z00 Sheffield Street, Suite 301
Mountainside, NJ 07092
File No.: FRP-104983
(908) 233-8500; (908) 233-1390 FAX
Zucker, Goldberg & Ackerman, LLC
FRP-104983
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OR PACEL OF LAND AND PREMISES, SITUATE, LYING, AND
BEING IN THE BOROUGH OF MECHANICSBURG, IN THE COUNTY OF CUMBERLAND AND
COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POST, CORNER OF LOT FORMERLY OF MARY FISHEL, NOW OR LATE OF
HARRY SNYDER, AND THE BUILDING LINE OF SAID SOUTH YORK STREET; THENCE
SOUTHWARD ALONG THE BUILDING LINE OF SAID SOUTH YORK STREET 69 FEET TO A
FORMERLY OF W.E. HOOPES, NOW OR FORMERLY OF MRS. JOHN NALLOR; THENCE
WESTWARD ALONG THE LINE OF SAID LOT 118 FEET, MORE OR LESS, TO THE CENTER OF
A 20 FOOT ALLEY; THENCE NORTHWARD ALONG THE CENTER OF SAID ALLEY 69 FEET
TO A LOT NOW OR FORMERLY OF HARRY SNYDER; THENCE EASTWARD ALONG THE
SAID LOT 120 FEET, MORE OR LESS TO THE PLACE OF BEGINNING.
HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED
AS 426 SOUTH YORK STREET, MECHANICSBURG, PA, 17055.
BEING THE SAME PREMISES WHICH NOEL SCOTT CLAYTON AND MICHELLE
CLAYTON, HUSBAND AND WIFE, BY DEED DATED NOVEMBER 18, 2004 AND RECORDED
DECEMBER 1, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK
VOLUME 266, PAGE 2508, GRANTED AND CONVEYED UNTO MICHELLE CLAYTON.
TAX MAP NO.: 20-24-0785-314
Zucker, Goldberg & Ackerman, LLC
FRP-10A983
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WASHINGTON MUTUAL BANK, CIVIL DIVISION
Plaintiff, N0.:08-4221
vs.
MICHELLE CLAYTON;
Defendant
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Michelle Clayton
426 South York Street
Mechanicsburg, PA 17055
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on
03/04/2009 at 10:00am prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a
brief mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
426 South York Street, Mechanicsburg, PA, 17055
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 08-4221
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Michelle Clayton
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks
that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff
thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with
this schedule will, in fact, be made unless someone objects by filing exceptions to it,
within ten (10} days of the date it is filed. Information about the Schedule of Distribution
may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
One Courthouse Square, Carlisle, PA 17013-3387.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Lawyer Referral Service of the
Cumberland County Bar Association
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990.9108
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriff s Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, Carlisle,
PA 17013-3387, before presentation of the petition to the Court.
ZUCKER GOLI~j~G. 4r/AC~EF~MAN, LLC
Dated: September 4, 2008 BY: V
Scott A. iettenck, wire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA.I.D. #89705
Richard P. Haber, Esquire; PA.I.D. #202567
Eric Santos, Esquire; PA I.D. #201493
200 Sheffield Street, Suite 301
Mountainside, N7 07092
File No.: FRP-104983
(908) 233-8500; (908) 233-1390 FAX
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO.
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OR PACEL OF LAND AND PREMISES, SITUATE, LYING, AND
BEING IN THE BOROUGH OF MECHANICSBURG, IN THE COUNTY OF CUMBERLAND AND
COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POST, CORNER OF LOT FORMERLY OF MARY FISHEL, NOW OR LATE OF
HARRY SNYDER, AND THE BUILDING LINE OF SAID SOUTH YORK STREET; THENCE
SOUTHWARD ALONG THE BUILDING LINE OF SAID SOUTH YORK STREET 69 FEET TO A
FORMERLY OF W.E. HOOPES, NOW OR FORMERLY OF MRS. JOHN NALLOR; THENCE
WESTWARD ALONG THE LINE OF SAID LOT 118 FEET, MORE OR LESS, TO THE CENTER OF
A 20 FOOT ALLEY; THENCE NORTHWARD ALONG THE CENTER OF SAID ALLEY 69 FEET
TO A LOT NOW OR FORMERLY OF HARRY SNYDER; THENCE EASTWARD ALONG THE
SAID LOT 120 FEET, MORE OR LESS TO THE PLACE OF BEGINNING.
HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED
AS 426 SOUTH YORK STREET, MECHANICSBURG, PA, 17055.
BEING THE SAME PREMISES WHICH NOEL SCOTT CLAYTON AND MICHELLE
CLAYTON, HUSBAND AND WIFE, BY DEED DATED NOVEMBER 18, 2004 AND RECORDED
DECEMBER 1, 2004 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK
VOLUME 266, PAGE 2508, GRANTED AND CONVEYED UNTO MICHELLE CLAYTON.
TAX MAP NO.: 20-24-0785-314
Zucker, Goldberg 8r, Ackerman, LLC
FRP-104983
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