HomeMy WebLinkAbout07-6074.0
ARLEEN B. MILLER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS
CIVIL ACTION - DIVORCE
RONALD C. MILLER II _
Defendant : NO. 07- 1 o#14 C i ?/? ( le-rm
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Answer and
Counterclaim and Notice are served, by entering a written appearance personally or by attorney
and filing in writing with the Court your defenses or objections to the case may proceed without
you and a judgment may be entered against you by the Court without further notice for any
money claimed in this pleading or for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
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 SERVICES
32 SOUTH BEDFORD STREET
CARLISLE, Pa 17013
(717) 249-3166
NOTICA
Le han Demando a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en
las paginas siguientes, usted tiene viente (20) dias de plazo al patrir de la fecha de la demanda y
la notificacion. Usted debe presenter 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
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 ostros derechos importantes para
usted.
LLEVEESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE
ABOGANDO 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 SERVICES
32 SOUTH BEDFORD STREET
CARLISLE, Pa 17013
(717) 249-3166
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ARLEEN B. MILLER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS
CIVIL ACTION - DIVORCE
RONALD C. MILLER II
Defendant :NO. COMPLAINT IN DIVORCE
AND NOW, comes the Plaintiff, Arleen B. Miller, by her attorney, Gail Guida Souders,
Esquire, and pursuant to Section 3301 (c) of the Pennsylvania Divorce Code, seeks to obtain a
Decree in Divorce from the Defendant, Ronald C. Miller II, upon the grounds set forth:
1. The Plaintiff, Arleen B. Miller, is an adult individual residing at 2515 Market Street,
Camp Hill, PA 17011.
2. The Defendant, Ronald C. Miller II, is an adult individual residing at 2515 Market
Street, Camp Hill, PA 17011.
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3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on July 5, 1986 in Mansfield,
Pennsylvania.
5. Plaintiff has been advised of the availability of counseling and that Plaintiff may have
the right to request that the Court require the parties to participate in counseling and
does not request the same.
6. There have been no prior actions of divorce or annulment between the parties in this
or any other jurisdiction.
7. The Plaintiff and Defendant are both citizens of the United States of America.
8. The Defendant is not a member of the United States Armed Forces.
9. The Plaintiff and Defendant have the following minor children Ronald C. Miller 111,
age sixteen and Jacob M. Miller, age ten.
10. The cause of action and Section of Divorce Code under which Plaintiff is proceeding
is the marriage is irretrievably broken under 23 Pa. Const. Stat. § 3301 (c).
WHEREFORE, The plaintiff requests this Honorable Court to enter a Decree of
Divorce.
COUNT II
EQUITABLE DISTRIBUTION
11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in full.
12. During the marriage Plaintiff and Defendant have inquired various items of marital
property, both real and personal, which are subject to equitable distribution under the
Divorce Code.
13. Plaintiff requests This Honorable Court equitably distribute all marital property
pursuant to the Divorce Code.
WHEREFORE, Plaintiff, Arleen B. Miller, respectfully requests This Honorable Court to
equitably distribute all marital property, real and personal, tangible and intangible,
acquired by the parties in the marriage.
Gail Guida Souders
Attorney for Plaintiff
Guida Law Offices, P.C.
111 Locust Street
Harrisburg, PA 17101
Supreme Court ID # 68740
(717) 236-6440
I, Arleen B. Miller verify that the statements made in this Divorce Complaint 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.
ARLEEN
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ATT RNEY FOR PLAINTIFF
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ARLEEN B. MILLER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS
CIVIL ACTION - DIVORCE
RONALD C. MILLER II
Defendant : NO. 07-6074 Civil Term
CERTIFICATE OF SERVICE
I hereby certify that on October 20, 2007, I served a copy of the Divorce Complaint
upon Ronald C. Miller II and in the manner indicated below, which service satisfies the requirements
of Pennsylvania Rule of Civil Procedure. 403.
Service by U.S. Certified Mail to:
Ronald C. Miller II
2515 Market Street
Camp Hill, PA 17011
Gail Guida Souders, Esquire
Guida Law Offices, P.C.
111 Locust Street
Harrisburg, PA 17101
717-236-6440
Dated: October 20, 2007
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ARLEEN B. MILLER, §
Plaintiff §
V. §
RONALD C. MILLER, §
Defendant §
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-6074
CIVIL ACTION - LAW IN DIVORCE
Praecipe for Withdrawal of Appearance
Without Leave of Court (Rule 1012(b)(2)(i)
To the Prothonotary:
Please withdraw the appearance of Gail Guida Sauders, Esquire, and Guida Law
Offices, P.C. as counsel for Arleen B. Miller, the Plaintiff in the above-captioned case.
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Date
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Gail Guida Souders, Esquire
Guida Law Offices, P.C.
111 Locust St.
Harrisburg, PA 17101
(717) 236-6440
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Please enter the appearance of Laura-C. Reyes Maloney, Esquire and Laguna Reyes
Maloney, LLP, as counsel for Arleen B. Miller, the Plaintiff in the above-captioned case.
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Date
la C. Reyes aio , Esquire
4aguna Reyes Ma LP
1119 North Front Street
Harrisburg, PA 17102
(717) 233-5292
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07- l0074
PROPERTY SETTLEMENT AGREEMENT
AND NOW, this PROPERTY SETTLEMENT AGREEMENT (hereinafter referred
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to as "Agreement"), made this day of 41)r ? 2008, made
by and between ARLEEN B. MILLER (hereinafter referred to as "WIFE"), of Camp Hill,
Cumberland County, Pennsylvania and RONALD C. MILLER, II (hereinafter referred to
as "HUSBAND"), of Camp Hill, Cumberland County, Pennsylvania, collectively referred
to hereinafter as the "parties":
WITNESSETH:
WHEREAS, the parties were married on July 5, 1986 in Mansfield, Pennsylvania;
and
WHEREAS, two children have been born of this marriage, namely, Ronald C.
Miller, III born September 15, 1991, and Jacob M. Miller, born July 8, 1997; and
WHEREAS, diverse, unhappy differences, disputes and difficulties. have arisen
between the parties and it is the intention of WIFE and HUSBAND to live separate and
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apart, and the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without
limitation by specification: the settling of all matters between them relating to the
ownership and equitable distribution of real and personal property; settling of all matters
between them relating to 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.
THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable
consideration, receipt and sufficiency of which is hereby acknowledged by each of the
parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby
covenant and agree as follows:
1. PERSONAL RIGHTS
HUSBAND and WIFE may and shall, at all times hereafter, live separate
and apart. Each shall be free from all control, restraint, interference and authority, direct
or indirect, by the other in all respects as fully as if he or she were unmarried. Each
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may reside at such place or places as he or she may choose. Each may, for his or her
separate use or benefit, conduct, carry on or engage in any business, occupations,
profession or employment which to him or her may seem advisable. This provision shall
not be taken, however, to be an admission on the part of either HUSBAND or WIFE of
the lawfulness of the cause that led to, or resulted in, the continuation of their living
apart. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or
the respective families of each other, nor compel or attempt to compel the other to
cohabit or dwell by any means or in any manner whatsoever with him or her. Neither
party will interfere with the use, ownership, enjoyment or disposition of any property now
owned by or hereafter acquired by the other.
2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of
HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall
hereafter exist or to such defense as may be available to either party. This Agreement
is not intended to condone and shall not be deemed to be a condonation on the part of
either party hereto of any act or acts on the part of the other party which have
occasioned the disputes or unhappy differences which have occurred prior to or which
may occur subsequent to the date hereof.
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3. MUTUAL CONSENT DIVORCE
WIFE has filed an action for divorce in Cumberland County, Pennsylvania,
filed to Docket No. 07-6074. Said action shall be limited to divorce and neither party
may assert any ancillary economic claims otherwise authorized by the Divorce Code,
which are specifically waived by the terms of this Agreement. Both parties hereby
express their agreement that the marriage is irretrievably broken. The parties agree
that each shall sign and shall duly acknowledge an Affidavit of Consent to the divorce
and a Waiver of Notice upon execution of this Agreement. Said Affidavits and Waivers
shall be promptly transmitted to counsel for WIFE who will promptly file a Praecipe to
Transmit Record to precipitate the prompt entry of a Decree in Divorce.
4. INCORPORATION IN DIVORCE DECREE
It is further agreed, covenanted, and stipulated that this Agreement or the
essential parts hereof, shall be incorporated in any decree hereinafter entered by any
court of competent jurisdiction in any divorce proceedings that has been or may be
instituted by the parties for the purpose of enforcing the contractual obligations of the
parties. This Agreement shall not be merged in any such decree but shall in all
respects survive the same and be forever binding and conclusive upon the parties.
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5. EFFECTIVE DATE
The effective date of this Agreement shall be the "date of execution" or
"execution date", defined as the date upon which it is executed by the parties if they
have each executed this Agreement at the same date. Otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
6. DISTRIBUTION DATE
The transfer of property, funds and documents provided for herein, shall
only take place on the "distribution date", which shall be defined as the date of
execution of this Agreement unless otherwise specified herein.
7. MUTUAL RELEASE
HUSBAND and WIFE each do hereby mutually remise, release, quit-claim
and forever discharge the other and the estate of such other, for all time to come, and
for all purposes whatsoever, of and from any and all rights, title and interest, or claims in
or against the property (including income and gain from property hereafter accruing) of
the other or against the estate of such other, of whatever nature and wheresoever
situated, which he or she now has or at any time hereafter may have against the other,
the estate of such other or any part thereof, whether arising out of any former acts,
contracts, engagements or liabilities of such other or by way of dower or curtesy, or
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claims in the nature of dower or curtesy or widow's or widower's rights, family exemption
or similar allowance, or under the intestate laws, or the right to take against the
spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary
gift, or all other rights of a surviving spouse to participate in a deceased spouse's
estate, whether arising under the laws of; (a) Pennsylvania, (b) any State,
Commonwealth or territory of the United States, or (c) any country or any rights which
either party may have or at any time hereafter shall have for past, present or future
support or maintenance, alimony, alimony pendente lite, counsel fees, division of
property, costs or expenses, whether arising as a result of the marital relationship or
otherwise, except, all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any provisions
thereof. It is the intention of HUSBAND and WIFE to give each other by the execution
of this Agreement a full, complete and general release with respect to any and all
property of any kind or nature, real, personal or mixed, which the other now owns or
may hereafter acquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for
the breach of any provision thereof. It is further agreed that this Agreement shall be and
constitute a full and final resolution of any and all claims which each of the parties may
have against the other for equitable division of property, alimony, counsel fees and
expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania
Divorce Code or the divorce laws of any other jurisdiction.
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ABM RCM
8. REPRESENTATION BY COUNSEL
The provisions of this Agreement and its legal effect have been fully
explained to WIFE by her counsel Gail Guida Souders, Esquire of 111 Locust Street,
Harrisburg, Pennsylvania. HUSBAND has proceeded in this action PRO SE.
HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress
or undue influence and that it is not the result of any collusion or improper or illegal
agreement or agreements.
9. DEBT OF THE PARTIES
The parties agree that the debt in the form of the Nationwide VISA Credit
Card, Account Number, 4301777714196558, and Personal Line of Credit with
Nationwide Number 6403009078180033, shall be assigned solely to HUSBAND.
Husband shall be completely responsible for any and all debt currently owed on the
Nationwide VISA Credit Card, Account Number 4301777714196558, and Personal Line
of Credit Number 6403009078180033. Within sixty (60) days of the date of execution of
this agreement, HUSBAND shall transfer all debt related to the Nationwide VISA Credit
Card and above mentioned Personal Line of Credit into his name alone. WIFE shall
cooperate with HUSBAND to the extent necessary to assist HUSBAND with said
transfer.
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The parties agree that the debt in the form of two (2) Personal Line of
Credit with Nationwide, Account Numbers 6403009078180034 and
6403009078180037, shall be assigned solely to WIFE. WIFE shall be completely
responsible for any and all debt currently owed on the two (2) Personal Lines of Credit
with Nationwide, Account Numbers 6403009078180034 and 6403009078180037.
Within sixty (60) days of the date of execution of this agreement, WIFE shall transfer all
debt related to the Nationwide personal loans into her name alone. HUSBAND shall
cooperate with WIFE to the extent necessary to assist WIFE with said transfer.
The parties agree that the debt in the form of past due taxes owed to the
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IRS/thall be equally divided with each party responsible for fifty (50) percent of the debt
owed to the IRS. WIFE agrees to pay said debt in full. HUSBAND agrees to,
ftent debt owed to the IRS within Uwe ( years of the date of
WIFE his share of-t ax
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execution of this agreement.
HUSBAND hereby indemnifies WIFE against, and agrees to assume the
sole liability and responsibility for, all debts, obligations or liabilities of any nature
whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself,
except as provided herein. HUSBAND shall not and will not hereafter incur or cause to
be incurred for the benefit of himself, except as provided for herein, any debts,
obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise,
upon the credit of WIFE.
WIFE hereby indemnifies HUSBAND against and agrees to assume the sole
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liability and responsibility for all debts, obligations or liabilities of any nature whatsoever
heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided
for herein. WIFE shall not and will not hereafter incur or cause to be incurred for the
benefit of herself, except as provided for herein, any debts, obligations or liabilities of
any nature whatsoever, whether for necessaries or otherwise, upon the credit of
HUSBAND.
10. PERSONAL PROPERTY
The parties hereto mutually agree that they have effected a satisfactory
division of the furniture, household furnishings, appliances, and other household
personal property between them, and they mutually agree that each party shall from
and after the date hereof be the sole and separate owner of all such tangible personal
property presently in his or her possession, and this Agreement shall have the effect of
an assignment or bill of sale from each party to the other for such property as may be in
the individual possession of each of the parties hereto. Neither party shall make any
claims to any such items of personal property, or of the separate personal property of
either party, which are now in the possession and/or under the control of the other.
From and after the date of the signing of this Agreement, both parties shall have
complete freedom of disposition as to his/her separate personal property and any
personal property which is in their possession or control pursuant to this Agreement.
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premises, such mortgage being owed and payable to Nationwide Advantage Mortgage
Company and further covenants and agrees that she will indemnify and save
HUSBAND harmless from any and all liability, expense, cost, or loss whatsoever, as a
result of her non-payment of, or non-performance of, said mortgage and said mortgage
conditions.
HUSBAND agrees to vacate the residence located at 2515 Market Street,
Camp Hill, Cumberland County, Pennsylvania within thirty (30) days of the date of
execution of this agreement.
12. BANK ACCOUNTS
HUSBAND and WIFE acknowledge that they each possess certain bank
accounts and the like in their respective names. They hereby agree that each shall
become sole owner of their respective accounts and they each hereby waive any
interest in, or claim to, any funds held by the other in such accounts.
13. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS
HUSBAND agrees that any monies which WIFE may have acquired
through her interests in either pensions, profit sharing, savings and thrift plans, annuities
and/or retirement benefits through her present or past employers shall remain her sole
and exclusive property. HUSBAND agrees to waive any interest he may have in such
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property and further agrees that he will not asseAany such claim in the future.
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WIFE agrees that any monies which HUSBAND may have acquired
through his interests in either pensions, profit sharing, savings and thrift plans, annuities
and/or retirement benefits through his present or past employers shall remain his sole
and exclusive property. WIFE agrees to waive any interest she may have in such
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-)-property and further agrees that she will not aesetKny such claim in the future.
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14. MOTOR VEHICLES f
The parties agree that WIFE shall retain possession of, as her separate
property, the Ford Freestyle, or any and all proceeds from the sale or trade thereof, for
her own use and disposition. HUSBAND agrees to cooperate with WIFE in securing the
transfer of the title, if necessary, to upon request. WIFE shall be solely responsible for
all expenses associated with this automobile, including but not limited to, insurance,
maintenance, gasoline and the liens and loans thereon.
15. AFTER-ACQUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any
claim or right of the other, all items of property, be they real, personal or mixed, tangible
or intangible, which are hereafter acquired by him or her, with full power in him or her to
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dispose of the same as fully and effectively, in all respects and for all purposes, as
though he or she were unmarried.
16. INCOME TAX PRIOR RETURNS
The parties acknowledge that they have filed various joint income tax
returns during the course of their marriage. In filing each such return, each party has
relied exclusively upon the other party to provide truthful and accurate information
relating to the other party's employment income, business income or deductions, or
income from any other source. In the event that any additional taxes, penalties or
interest are assessed as a result of any such joint return, the party responsible for
under-reporting income or claiming any improper deduction shall indemnify and save
the other party harmless from such tax liability, penalties, interest, attorney's fees or
accountant's fees.
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8 J WIFE shall claim the children on her annual income tax return each year
until the children are not able to be claimed by either party.
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17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS
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The parties hereby agree and express their intent that any transfer of
property pursuant to this Agreement shall be within the scope and applicability of the
Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said
Act pertaining to the transfers of property between spouses and former spouses. The
parties agree to sign and cause to be filed any elections or other documents required by
the Internal Revenue Service to render the Act applicable to the transfers set forth in
this Agreement without recognition of gain on such transfer and subject to the carry-
over basis provisions of the said Act.
18. LIFE INSURANCE POLICY
The parties agree that each shall maintain a life insurance policy in the
amount of no less than one hundred thousand dollars ($100000) until the youngest child
reaches the age of twenty one (21). Each party shall name the other party as
beneficiary to the policy to no less than that amount and the contingent beneficiary to be
designated as the existing trust established for the benefit of the children, as
designated, as of the date of execution in the respective wills of each party.
19. WAIVER OF ALIMONY
HUSBAND and WIFE recognize and acknowledge that the foregoing
provisions for their individual benefit are satisfactory with regard to their support and
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maintenance, past, present and future. The parties release and discharge the other
absolutely and forever for the rest of their lives from all claims and demands, past,
present or future, for alimony or for any provision for support or maintenance, except as
specifically provided for herein. The parties further acknowledge that in consideration of
the transfers made herein each completely waives and relinquishes any and all claims
and/or demands they may now have or hereafter have against the other for alimony,
alimony pendente lite, spousal support and counsel fees, except as specifically provided
for herein.
20. EFFECT OF DIVORCE DECREE
The parties agree that, except as otherwise specifically provided herein,
this Agreement shall continue in full force and effect after such time as a final Decree in
Divorce may be entered with respect to the parties.
21. BREACH
If either party breaches any provision 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 shall be responsible for payment of reasonable legal fees and costs
incurred by the other in enforcing their rights under this Agreement.
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22. WAIVER OF CLAIMS
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 shall now have or hereafter acquire, under the present and 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, widower's allowance, right to take in intestacy, right to take against the will of
the other, and the right to act as administrator or executor of the other's estate. Each
party 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.
23. 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.
24. FINANCIAL DISCLOSURE
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The parties confirm that they have relied on the completeness and
substantial accuracy of the financial disclosure of the other as an inducement to the
execution of this Agreement. Notwithstanding the foregoing, the rights of either party to
pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of
any interest owned by the other party in an asset of any nature at any time prior to the
date of execution of this Agreement that was not disclosed to the other party or his or
her counsel prior to the date of the within Agreement is expressly reserved. In the event
that either party, at any time hereafter, discovers such an undisclosed asset, that party
shall have the right to petition the Court of Common Pleas of Cumberland County to
make equitable distribution of said asset.
The non-disclosing party shall be responsible for payment of counsel fees,
costs or expenses incurred by the other party in seeking equitable distribution of said
asset.
Notwithstanding the foregoing, the Agreement shall in all other respects
remain in full force and effect.
25. AGREEMENT BINDING ON HEIRS
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This Agreement shall be binding and shall inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, successors and
assigns.
26. ADDITIONAL INSTRUMENTS
Each of the parties shall, from time to time, at the request of the other,
execute, acknowledge and deliver to the other any and all further instruments that may
be reasonably required to give full force and effect to the provisions of this Agreement.
27. VOID CLAUSES
If any term, condition, clause or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full force, effect and operation.
28. INDEPENDENT SEPARATE COVENANTS
It is specifically understood and agreed by and between the parties hereto
that each paragraph hereof shall be deemed to be a separate and independent
Agreement.
29. MODIFICATION AND WAIVER
a?
Page 18 of
ABM RCM .
A modification or waiver of any of the provisions of this Agreement shall
be effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver of any subsequent
defaults of the same or similar nature.
30. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience only. They
shall have no affect whatsoever in determining the rights or obligations of the parties.
31. APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth
of Pennsylvania and more specifically under the Divorce Code of 1980 and any
amendments thereto.
32. COLLEGE TUITION FOR MINOR CHILDREN
The parties agree that each party shall be responsible for fifty (50) percent
of any out of pocket expenses related to the minor children's college education. Such
out of pocket expenses shall be reasonable and customary expenses related to the
children's college tuition. If either or both parties are financially unable to pay the
M
Page 19 of o
, zj-
4 ca - Par jY 15 o b li 96LJjM n'Ay he N/4i v42d
college tuition expenses, that party can petition the Court for a waiver or upon
agreement of the parties. This provision shall be enforceable only by the parties.01
'-
33. HEALTH INSURANCE FOR MINOR CHILDREN
The parties agree that HUSBAND shall provide comprehensive medical
insurance for the minor children until the age of eighteen (18), should the children
attend an institution of higher education, coverage shall continue until completion of the
chosen program, or until the child reaches the age of twenty two (22), whichever occurs
first.
`3 4. CU-5-700 y : 7'Yt,Q- PQV?;eS S1-,,.(l 56re leja1 C&S+oc#y OP fihe elkl'fdrerl .
ct vt c4 Shall S1?,re (2hySicAl ??s fi,epy or Nw c.A, ldre" 1 a-?- ¢,'r+?,es ct9 reed b
+e ar!,es
IN WITNESS WHEREOF, the parties hereto have set their hands and r2??
seals the date and year first above written.
?itness
r_?L
'Witne'ss
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Tammy"L. Walker, Notary Public
Lemoyne Boro, Cumberland County
My Commission E)ires April 7, 2011
Mernimr, Pennsylvania Association of Notaries
ARLEEN B. MILLE-b
LY 11
L?? ??"'V' "7-
RONALD C. MILLER, II
Page 20 of'?q a o
*Crl/,-
ACKNOWLEDGMENT
Pennsylvania
Cam 6r- County
I, Tammy L. Walker, a Notary Public for Cumberland County, Pennsylvania, do hereby
certify that Arleen 6.ad)&mRC.P;Uer personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the day of r; 20 111
Not Public
My commission expires Pori 1 7 520 11
QOMMONWE TH OF PENNSYLVANIA
Not"Seal
Tammy L. Walker, Notary Pubic
Lemoyne Boro, Cumberland County
My CommMion E)0reis April 7, 2011
Member, Pennsylvania Association of Notaries
CD
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ARLEEN B. MILLER, § IN THE COURT OF COMMON PLEAS OF
Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA
V. § NO. 2007-6074
RONALD C. MILLER, § CIVIL ACTION - LAW IN DIVORCE
Defendant I §
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER § 3301(c) OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 15, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
4. I 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.
b1,6160 IV-
Da a Ronald C. Miller A?q
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ARLEEN B. MILLER, § IN THE COURT OF COMMON PLEAS OF
Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA
V. § NO. 2007-6074
RONALD C. MILLER, § CIVIL ACTION - LAW IN DIVORCE
Defendant §
DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER §3301(c) OR 3301(d) 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.
4. I verify that the statements made in this waiver are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unworn falsification to authorities.
fi(p 0?
Date
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Ronald C. Miller
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ARLEEN B. MILLER, § IN THE COURT OF COMMON PLEAS OF
Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA
V. § NO. 2007-6074
RONALD C. MILLER, § CIVIL ACTION - LAW IN DIVORCE
Defendant §
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER § 3301(() OF THE DIVORCE CODE
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 15, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
4. I 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 unworn falsification to authorities.
Dat Arleen B. Mille
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ARLEEN B. MILLER, § IN THE COURT OF COMMON PLEAS OF
Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA
V. § NO. 2007-6074
RONALD C. MILLER, § CIVIL ACTION - LAW IN DIVORCE
Defendant §
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER §3301(c) OR 3301(d) 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.
4. I verify that the statements made in this waiver 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.
d
Date Arleen B. Miller
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ARLEEN B. MILLER, § IN THE COURT OF COMMON PLEAS OF
Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA
V. § NO. 2007-6074
RONALD C. MILLER, II, § CIVIL ACTION - LAW IN DIVORCE
Defendant §
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please 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).
2. Date and Manner of Service of the Complaint: via certified U.S. mail (see
Certificate of Service filed with the Court on October 31, 2007).
3. Date of Execution of the Affidavit of Consent Required by Section 3301(c) of
the Divorce Code: by Plaintiff on June 16, 2008; by Defendant on June 16,
2008.
4. Related Claims Pending: no other marital claims pending.
5. Notice of Intention to Request Entry of Divorce Decree: waived by Plaintiff
on June 16, 2008; by Defendant on June 16, 2008.
C. Reyes M o , Esquire
ne Court I.D. . 780,75
ev for Plaintiff
LAGUNA REYES MALONEY, LLP
1119 North Front Street
Harrisburg, PA 17102
(717) 233-5292
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C? ?rt
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
arleert ?. Mi tier
Phi n-t-i -F-E
VERSUS
Qw1d C• wti ller, 11.
^Dcfrndan+
No. 2 00-7 - (DO-1Ll
DECREE IN
DIVORCE
AND NOW, N O%AQ. -Z"N, , IT IS ORDERED AND
DECREED THAT Arlieer b• Miller- PLAINTIFF,
AND Romid C. Adle(, 11 DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECO D N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
-The -rcerrm+ herein enfered bp?e x -the agr-NPs o r%
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r
BY THE CO
ATTEST: J
PROTHONOTARY
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