HomeMy WebLinkAbout86-3683
LAURIE A. MILLER, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
. N0.3683 Civi11986
v. CIVIL ACTION -LAW
SCOTT M. MILLER, IN DIVORCE
Respondent
ORDER OF COURT
AND NOW, upon consideration of the attached Petition for Special Relief, a hearing is
scheduled for ~'p.~a~--l~/t- ~~ _, 1999, at ~,_. o'clock ~.m., in Courtroom
## ~ ,Cumberland County Courthouse, Carlisle, Pennsylvania 17013
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LAURIE A. MILLER,
Petitioner
v.
SCOTT M. MILLER,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.3683 Civi11986
CIVIL ACTION -LAW
IN DIVORCE
PETITION FOR SPECIAL RELIEF TO ENFORCE RESPONDENT,
SCOTT A MILLER'S, OBLIGATIONS
UNDER THE MARITAL SETTLEMENT AGREEMENT
AND NOW, comes petitioner, Laurie A. Schoeller , by and through his attorneys, Irwin,
McKnight & Hughes, Esquires, and files this Petition for Special Relief making the following
statements:
1. Petitioner is Laurie A. Schoeller, an adult individual residing at 19 Smith Road,
Gardners, Cumberland County, Pennsylvania 17324.
2. Respondent is Scott M. Miller, an adult individual residing at 6600 Turkey Run Drive,
Fredericksburg, Virginia 22407.
3. The parties were married on June 30, 1979 and were divorced in April 1987. A copy
of the Divorce Decree is attached hereto as Exhibit "A" and incorporated herein by reference
thereto.
4. The parties are the natural parents of Shannon N. Miller born April 1, 1981.
5. The parties previously entered into a Marriage Settlement Agreement dated April 7,
1987. A copy of said agreement is attached hereto as Exhibit "B" and incorporated herein by
reference thereto.
6. Pursuant to said agreement at paragraph 4(c)(1), Defendant Father agreed to continue
to pay child support for Shannon Miller beyond 18 years of age if she pursues afull-time college
education.
7. On April 1, 1999, the parties' daughter turned 18 years of age and on June 10,
1999, Shannon Miller graduated from high school.
8. Shannon Miller is enrolled as a full-time student at York College since August of
1999. A copy of a letter dated October 28, 1999, from the Director of Records York College
verifying Shannon Miller's full-time enrollment is attached hereto as Exhibit "C" and
incorporated herein by reference thereto.
9. Under the Marriage Settlement Agreement, Defendant is currently required to
continue support payments.
10. Under the Marriage Settlement Agreement, child support was set at $225.00 per
month. Petitioner petitioned for modification with Domestic Relations and a hearing was held
on or about March 20, 1997. The guideline amount for support was determined by the hearing
officer to be $497.00 per month at said hearing. The Plaintiff agreed to take $350.00 per month
which was less than said guideline amount. A Court Order dated March 31, 1997, reflected this
$350.00 per month support obligation of Respondent.
11. The Defendant has made no support payments as required under the Agreement
since June 1, 1999.
12. The Petitioner believes and therefore avers that Defendant has breached the
Marriage Settlement Agreement by failing to continue to make support payments.
13. The Petitioner asks for reasonable attorney fees to be paid to Irwin, McKnight &
Hughes, pursuant to the Petition for Special Relief.
WHEREFORE, the Petitioner, Laurie Schoeller respectfully requests that this
Honorable Court Order that the Defendant pay $350.00 per month in child support retroactive to
June 1, 1999 and continuing as long as the Defendant's daughter Shannon Miller remains
enrolled fulltime in college and award reasonable attorney fees to Plaintiff.
Respectfully submitted,
Dated: November t>, 1999
IRW1N, cKNIGH & HUGHES
By:
Mark D. Schwartz, Esquire
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney I.D. No: 70216
Attorney for the Defendant,
Laurie A. Schoeller
EXHIBTT "A"
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~~~ M MON PLEAS ~~
~~ ! N THE COURT OF CO s~
~~ OF CUMBERLAND COUNTY ~~
~ STATE OF PENNA. ~
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SCOTT M. MILLER __ ........ .. j
~ .. ~ Nt~....36.83.......... C~,3ti.1... 1986
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... .LAURIE A. MILLER ... ... .. .......... .`
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DECREE IN
D! VORCE
AND NOW, . . t`... ~.~.. , ... , , 19 &~ .. it is ordered and
decreed that ......... scott_ M. , M~ ller, , , , , , , ,,, , , , , , , , , , , , ,plaintiff,
and ............ . . . . ...Lauz~.e . A....MilJ,ez.................. ,defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered; ~
....fi~o~1e !:.......... ........ ........
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Attest: J. -
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EXHIBIT `B"
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AGREEMENT ~ ~
NT made this ~ day of ~~~
THIS AGREEME ,
1987, by and between LAURIE A. MILLER of Carlisle, Cumberland
County, Pennsylvania, hereinafter referred to as "Wife," and
of SCOTT M. MILLER, of Oceanside, California, hereinafter
referred to as "Husband."
WHEREAS, difficulties have arisen between Husband and Wife
and as a result of which they now desire by this Agreement to
settle all domestic and property rights between them; and
WHEREAS, Husband and Wife respectively acknocaledge that
before signing this Agreement they have been fully advised by
their respective counsel of their rights and obligations, have
read carefully and understand the terms of this Agreement, and
have freely consented to this Agreement, believing it to be
fair, just and equitable.
NOW, THEREFORE,. in consideration of the mutual promises
hereinafter set forth, the parties hereto, intending to be
legally bound hereby, mutually agree as follows:
1. Husband and Wife shall be free from constraint or
control by the other as fully as if he or she were unmarried.
Neither shall disturb, trouble or interfere in any way with the
other or with any other person associated with the other.
2. The parties further agree that the real property
located at 85 Chestnut Drive, Stafford, Virginia 22554,
currently titled in joint name shall be sold. The net proceeds
of the sale of said real property shall be divided with the Wife
receiving seventy-five percent and Husband receiving twenty-five
LAW OFFICES - LLARTSOti. DEAIIDORFF. ~ti'ILLIA]I9 & OTTO
percent. Until the house is sold the husband shall be solely
responsible for the mortgage, taxes, insurance and all other
expenses on said property. If said property is leased prior to
its sale, the rent shall be first applied to the expenses of the
house and any remainder shall be divided equally between the
parties. If the property has not been sold by January I, 1988,
the Husband agrees to pay to the Wife the sum of Three Thousand
($3,000.00) Dollars and the Wife agrees to transfer all her
interest in the said property to the Husband. The $3,000.00 is
to be paid in increments of $1,000.00 for t}~ree years without
interest. Each payment is due on January 1, beginning in 1988.
3. The Husband hereby agrees that the Wife shall have the
care, custody and control of the minor child, Shannon (d/o/b
April 1, 1981) with the right reserved to the Husband of
one week during alternating Christmas holidays, four weeks
during the summer school vacation, and other reasonable
visitation mutually agreed upon by the parties, provided,
however, that the exercise of the visitation privileges by said
parent shall not conflict nor interfere with school schedules
nor with bona fide plans previously made for activities; and all
such visitation shall be exercised with due regard for the
health and general welfare of said child.- The Husband will give
the Wife reasonable advance notice of his intention to exercise -
his temporary custody rights under this agreement. In the event
that Husband changes his residence and lives within 150 miles of
the Wife and child, he shall be entitled to visitation of every
other weekend starting Friday night and ending Sunday night as
_ LAW Ot FICE9 --~L1RT50.\'. DEARDORFF. ~VILLIA~iS 1F OT'TO
well as every other holiday, and other times agreed upon by the
parties. Husband will pay the cost of all travel for such
visitation, and the child shall be permitted to travel without
Husband accompanying her.
4. Allowances to Wife and Child
a. The Husband agrees to pay to the Wife or other persons
having the care of the Child in the Wife~s custody, the sum of
X5225.00 per month for the maintenance and support of the Child
during the period when the chi`1d is in the Wife~s custody. Both
Husband and Wife shall have the right to petition for an
increase or decrease of the support obligation provided there is
a material change of circumstances supporting said request for
increase or decrease. For each twenty-four (24) hour period the
child spends with the Husband after the seventh (7th)
consecutive day, a sum equal to one-half the daily amount to
support shall be deductible by the Husband from his monthly
payment for that period as a food allowance by reason of tt~e
child~s absence from the mother. Support for the child shall
terminate upon the occurrence of an y Emancipation Even t as
provided in Paragraph 4(c), upon the death of the Husband, or
upon the child~s adoption by another party, whichever shall
occur first.
b. Husband hereby agrees that Wife and the aforesaid
children shall continue to be entitled to use and enjoy all
medical and dental services, commissary and post exchange
privilege, and other services allowed to them as a result of the
Husbands employment as a member of the United States Armed
LAW OFFICES - MART30N. DEARDORFF. WILLIA3i9 & OTZ'O
Services. During the time that Husband and Wife are married,
although living separate and apart, VJ_ife shall continue to enjoy
these benefits but upon divorce of the parties, these benefits
shall terminate as to Wife, but remain for the use and benefit
of said child, provided they qualify for these benefits as
determined by applicable United States Armed Forces entitlement
regulations. In addition, should Husband terminate his service
with the United States Armed Forces, these services will be
reevaluated by the parties hereto to ascertain tt~e needs of the
said children and the respective responsibilities of the parties
hereto to provide these needs until such time as said children
are emancipated. The Husband shall pay all of the reasonable
and necessary dental, medical, psychological alld hospital bills
of the child not otherwise covered by CHAMPUS or other
government or private medical or dental insurance programs until
the occurrence of an emancipation event as provided in Paragraph
4(c). The Wife agrees to ensure that, whenever practicable, the
child, uses whatever medical, hospital, and dental services that
are available to them through Armed Forces facilities.
c. With respect to the child, an emancipation event shall
occur or be deemed to occur upon the earliest happening of any
of the following:
1. Reaching the age eighteen (18); except and
provided that an emancipation event shall be deferred beyond the
eighteenth birthday of the child if and so long as the child
pursues full time college education with reasonable diligence
and on a normally continuous basis, and during such time the
LAW OFFICES - ]IARTSON. DEARDORFF. R'ILLIA~IS & OTTO
child lacks sufficient resources to be self-sustaining and is
dependent upon his parents for support; but, in this respect, in
no event shall emancipation be deferred beyond the child~s
twenty-second birthday; '
2. Marriage by child;
3. Death of child;
4. In the event that the child, upon reaching the age
of eighteen, is unmarried and is handicapped to such an extent
that he is physically or mentally incapable, as opposed to
unwilling, to support himself or to be engaged in full-time
employment, then emancipation shall be deferred, and the
'~ Husbands obliyation for child support as set forth in Paragraph
4 (a) aid (b) shall continue in full effect until the child ~s
handicap or disability is removed or the child marries or dies.
5. Division of Personal Property
a. The parties have heretofore divided their personal
property to their mutual satisfaction. Henceforth, each of the
parties shall own, have and enjoy, independently of any claim of
right to the other party, all items of personal property of
every kind, nature and description and wheresoever situated,
which are now owned or held by or which may hereafter belong to
the Husband or Wife respectfully, with full power to the Husband
or the Wife to dispose of same as fully and effectually, in all
respects and for alI purposes as if~he or she were unmarried.
All items of personal property shall be divided between the
parties as provided herein.
b. The parties further agree that the 1981 Volkswagen
" L.\W OF'FIC L-'S - ~SATiTSO.\'. DEARDOFiF'F. \ti ILLIA~SS & OTTO
shall be the sole and separate property of the Wife. The
Husband agrees to promptly execute such title documents or other
written instruments as may be required to transfer title of this
vehicle to the Wife. The 1980 Mustang automobile, the Honda
1000 motorcycle, and 1949 Ford pickup shall be the sole and
separate property of the Husband. The Wife agrees to promptly
execute such title documents or other written instruments as may
be required to transfer title of these vehicles to the Husband.
c. Personal Fffects: All items of personal effects such
as, but not limited to: jewelry, luggage, sports equipment,
hobby collections and books, but not including furniture or any
property, personal or otherwise specifically disposed of
pursuant to this Agreement, shall become the absolute and sole
property of that party who has had the principal use thereof or
to whom the property was given or from whom it was purc}~ased,
and each party hereby surrenders any interest he or she may have
in any such tangible personal property of the other.
d. Furniture and other Tangible Property: The parties
agree that all furniture has already been disposed of to their
mutual satisfaction.
e. Debts: The Husband shall be responsible for all
existing joint debts and liabilities incurred by the parties
prior to their -separation except as otherwise provided herein.
The'Husband shall also be responsible for all existing debts and
liabilities incurred in his own name prior to the separation.
The Wife shall be responsible for all existing debts and
liabilities incurred in her own name prior to the separation.
LAW OFFICES - 3fARTSON. DEARDORFF. WILLLI]!S & OTTO
f. The parties further agree that neither will incur any
future debts for which the other may be held liable, and if
either party incurs a debt for which the other will be liable,
that party incurring such debt will gold the other harmless for
any and all liability thereon.
6. Insurance Policies: While he is a member of the Armed
Forces, the Husband agrees to pay the premiums and to maintain
in full force and effect Serviceman ~s Group Life Insurance
(SGLI) on his life payable at his death to the child.
7. Waiver of Alimony: In consideration of the mutual agreement
of the parties voluntarily to live separate and apart and the
provisions contained herein for the respective benefit of the
parties and other good and valuable consideration, each party
releases and waives unto the other any claim of right to
temporary or permanent alimony, support or maintenance, whether
past, present or future. The Wife agrees to waive any interest
she may have or acquire in her Husbands retirement income.
8. Tax Matters: The parties agree to execute and file
joint Federal and State income tax returns for the year 1986 and
for any subsequent year during which they shall be Husband and
Wife and entitled under the applicable laws and regulations to
file joint returns, provided that such filing results in a
lesser combined tax then would result from separate filing.
Each party shall pay that proportionate share of the tax due as
shall be attributable to his or her respective earnings or
income and each shall indemnify and hold harmless the other
against any liability for her or her own proportionate share of
L,1W OFFICES - \fART50N. DF_ARDURFI'. K'ILLIAl19 & OTTO
said tax. A tax refund, if any, shall be divided equally
between the parties. After final divorce of the parties, the
parties agree that the Husband shall be entitled to claim the
child as dependent and to take any dependency exemption for the
child for Federal and State income tax purposes.
9. Counsel fees and Court Cost. Each party will be
responsible and liable for their respective counsel fees and
court costs for prosecution of defense of an~"action between the
parties for a final decree of divorce.
10. Except as herein otherwise provided for, Husband and
Wife each hereby releases and forever discharges the other of
and from all actions, causes of action, claims, rights,
liabilities or demands whatsoever in law and in equity, which
either ever had or now has against the other, excepting any
cause of action for divorce, and each of the parties agrees that
he or she, as the case may be, will not contract or incur any
liability on behalf of the other and that each will not obligate
or charge the credit of the other in any manner whatsoever.
This Agreement shall not be construed to prevent either party
from suing for absolute divorce because of any past or future
default on the others part ~ or defending against any such
action. No decree so obtained shall in -any way affect any of
the terms hereof and this Agreement shall survive any such
decree.
11. This Agreement contains the entire understanding
between the parties. There are no representations, warranties,
LAW OF'FZCE9 - rL1RTSON. DEARDORFF. WILLIAMS 8r OTTO
promises, covenants or undertakings other than those expressly
set forth herein.
12. This Agreement shall be interpreted under the laws of
the Commonwealth of Pennsylvania.
In Witness Whereof, the parties execute this Agreement
intending to be legally bound thereby.
C
I,pW OFFICES - 1fART80N. DEpRDORFF. WII,LIA2[S & OTTO
COMMONWEALTH OF pENNSlLVANIA )
:SS.
COUNTY OF CUMBERLAND )
LAURIE A. MILLER, being duly sworn according to law,
deposes and says that the facts set forth in the foregoing
Agreement are true and correct to the best of her knowledge,
information and belief.
Laurie A. Miller
Sworn to and subscribed before me
this ,j U da y of b~~--'f"- 1987
~c
' ~' ~ Y Puat,c
Notary Public ~ • ` "'
CAR~iSiE ECBG'.:;L-,Sce~;-;n COi;NTI(
fAY CO~~ihiSSiOP! ~XPii;' % S:•.°T. gib. 2583
Momher. ~ ~nn,yiYdt;IB ASS9Ct3LOp 6f ?~012riC.
COMMONWEALTH OF PENNSYLVANIA )
:SS.
COUNTY OF CUMBERLAND )
SCOTT M. MILLER, being duly sworn according to law, deposes
and says that the facts set forth in the foregoing Agreement are
true and correct to the best of his knowledge, information and
belief.
Scott M.
Sworn to and subscribed before me
this 7th day of April 1987.
Jc~ _--
. ~4TSON, Captain, USMC, Adjutant
t y Public
Authority to notarize
Nft ~ Js~ 2) J~~r~~
Titi3 10 ItSC Sec 936
and Pub Lsw 86-589
Appr 5 Jul 60
ler
LpW OFPZCES - YARTSON. D$ARDORFF. WII.LIA][8 & OTTO
EXHIBIT "C"
C O I, L 1 G
York, Pennsylvania 17405-7199
October 28, 1999
Mark Schwartz, Esquire
Enrollment Verification
RE: Shannon Nicole Miller
19 Smith Road
Gardners, PA 17325
Dear Sir or Madam:
~~,
Tele~hune (717) 5~6-7788
This will serve as verification that the above named is registered as a full-
time student at York College of Pennsylvania for the Fall semester of 1.999.
A student must be enrolled for a minimum of 12 credits per semester to be
considered full-time. The Fall semester began August 30, 1999 and
continues through December 21, 1999.
This is the initial semester of enrollment for Ms. Miller, a freshman enrolled
in a baccalaureate degree program. Her anticipated date of graduation is
May 2003.
if I am able to be of farther assistance, do riot hesitate to contact Ii1:,.
Sincerely,
~~
De ra L. Shimmel
Director of Records
~xeelleeee atd ckclue tc ~finCuute e~dueatloc
LAURIE A. SCHOELLER,
Plaintiff
v.
SCOTT M. MILLER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.200 S 97
CIVIL ACTION -LAW
IN CUSTODY
VERIFICATION
I, LAURIE A. SCHOELLER, do hereby verify that the facts set forth in this
Petition 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.
LAURIE A. SCHOELLER
Date: NOVEMBER 15 ~ 1999
LAURIE A. MILLER, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
N0.3683 Civi11986
v. CIVIL ACTION -LAW
SCOTT M. MILLER, IN DIVORCE
Respondent
CERTIFICATE OF SERVICE
I, Mark D. Schwartz, Esquire, hereby certify that on this date a true and correct copy of
the foregoing document was served upon the attorney for Plaintiff by first-class United States
Mail, postage prepaid in Carlisle, Pennsylvania 17013, addressed as follows:
Scott M. Miller
6600 Turkey Run Drive
Fredericksburg, VA 22407
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Mark D. Schwartz, Esquire
Irwin, McKnight & Hughes
Attorney ID # 70216
Attorney for Defendant
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Date: November (~j, 1999
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SUITS, 19
Case # -S 3683 Date Of Entry: December 23,
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19 8~ at M.
Appearances:
Plaintiff: Scott M. Miller
Defendant: Laurie A. Miller
Entry by
Summons ( )
Complaint ( x )
Petition ( )
Appeal ( )
Revival ( )
( )
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IJ~vember 15, 1999, Petition for Special Relief to Enforce
Respondent Scott A. Miller's Obligations Under the Marital
Settlement Agreement
November 17, 1999, Order of Court, filed. IN RE: Petition for
Special Relief to Enforce Respondent, Scott A. Miller's,
Obligations Under the Marital Settlement Agreement
AMID NdW, upon consideration of the attached Petition for
Special Relief, a hearing is scheduled for December 14, 1999,
at 3:00 o'clock p. m., in Courtroom # 2, Cumberland County
Courthouse, Carlisle, Pennsylvania 17013.
By the Court: Edgar B. Bayley, J.
Notice mailed 11/18/99
Action in
Assumpsit ( )
Trespass ( 1
Habeas Corpus ( 1
Divorce ( x )
Grounds
Equity ( 1
Mortgage
Foreclosure ( )
Ejectment ( )
Quiet Title ( )
Replevin
Condemnation ( )
( )
Service by SHF:
Date of ~ Return:
Taxation of Costs ceipt of Fees
I$35.50 nd atty Daniel K. Deardorff I I I I
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