HomeMy WebLinkAbout04-0592
Leonard Tintner, Esquire
Supreme Court LD, #06859
BOSWELL, TINTNER, PICCOLA & ALFORD
315 N, Front Street
PO Box 741
Harrisburg, PA 17408-0741
(717) 236.9377
Attorneys for Plaintiff
BRADLEY A. MILLS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
vo
: NO. 01./, 59 J.
CATHY J. MILLS,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be entered
against you by the Court. A judgment may also be entered against you for any other claim or
relief requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown ofthe marriage,
you may request marriage counseling, A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania
17013, You are advised that this list is kept as a convenience to you and you are not bound to
choose a counselor from the list. All necessary arrangements and the cost of counseling sessions
are to be borne by you and your spouse, If you desire to pursue counseling you must make your
request for counseling within TWENTY DAYS (20) of the date on which you received this
notice. Failure to do so will constitute a waiver of your right to request counseling.
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.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4TH FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
Leonard Tintner, Esquire
Supreme Court LD, #06859
BOSWELL, TINTNER, PICCOLA & ALFORD
315 N, Front Street
PO Box 741
Harrisburg, PA 17408-0741
(717) 236-9377
Attorneys for Plaintiff
Vo
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
; NOo 6 '1- :; 'N. ~ Ik--
BRADLEY A. MILLS,
PLAINTIFF
CATHY Jo MILLS,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT IN DIVORCE UNDER ~3301(C) OR ~3301(D) THE DIVORCE CODE
AND NOW COMES the Plaintiff, Bradley A. MilIs, by his counsel, Leonard Tintner,
Esquire, and Boswell, Tintner, Piccola & Alford, and complains of the Defendant, Cathy J. Mills,
as follows:
1. Plaintiff is Bradley A Mills, an adult individual currently residing at 73 S, High
Street, Newville, Cumberland County, Pennsylvania 17241,
2, Defendant is Cathy J. Mills, an adult individual, with a current mailing address of
64 W. Big Spring Avenue, Apt. C, Newville, Cumberland County, Pennsylvania 1724 L
3, Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Peunsylvania for at least 6 months previous to the filing of this complaint.
4, Plaintiff and Defendant were married on July 18, 1998, in Mercersburg,
Pennsylvania.
5, There are no children of this marriage.
6. The parties separated on June 14, 2003.
7. There have been no prior actions of divorce or annulment between the parties.
8, Neither of the parties in this action is presently a member of the Armed Services
of the United States.
9. Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the Court require the parties to participate in counseling, but avers that he
does not require or request counseling.
10, The marriage is irretrievably broken.
I I. The parties may enter into a written agreement with regard to property division, in
which case such agreement may be incorporated by the Court into the Final Decree of Divorce .
12, Plaintiff requests the Court to enter a Decree in Divorce
WHEREFORE, Plaintiffrequests the Court to enter a Decree in Divorce under 9330I(c)
or 9330I(d) of the Divorce Code,
RESPECTFULLY SUBMITTED,
BOSWELL, TINTNER, PICCOLA
& ALFO
By:
DATE: February CJ, 2004
Leonard Tintner, Esquire
Supreme Court ID, #06859
BOSWELL, TINTNER, PICCOLA & ALFORD
315 N, Front Street
PO Box 741
Hamsburg, PA 17408.0741
(717) 236-9377
Attorneys for Plaintiff
BRADLEY A. MILLS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
v.
: NO.
CATHY J. MILLS,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
VERIFICATION
I, Bradley A. Mills, Plaintiff, hereby verify that the facts contained in the foregoing
pleading are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein are subject to the penalties of 18 Pa,C.S.A. 94904 relating to unsworn
falsification to authorities,
: '~fm~?JlV
BRADLEY A. MILLS
DATE: d /rJ oLI
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Leonard Tintner, Esquire
Supreme Court LD, #06859
BOSWELL, TINTNER, PICCOLA & ALFORD
3 I 5 N. Front Street
PO Box 741
Harrisburg, PA 17408.0741
(717)236-9377
Attorneys for Plaintiff
BRADLEY A. MILLS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
v.
: NO. 04-592
CATHY J. MILLS,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYL VANIA
: SS.
COUNTY OF DAUPHIN
Denise 1. Foster, Paralegal, being duly sworn according to law, deposes and says
that I am a competent adult, and that I mailed a copy of the Complaint in Divorce on the
Defendant, Cathy J. Mills, on February 11, 2004. The Defendant received the complaint on
February 14, 2004, as evidenced by the attached return receipt card attached hereto.
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Denise 1. Foster, Paralegal
Sworn to and subscribed before
me this !7-t:f.. ~ d:;::F7ary, 2004
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BRADLEY A. MILLS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
v.
: NO. 04-592
CATHY J. MILLS,
DEFENDANT
: CIVIL ACTION -LAW
: IN DIVORCE
MARRIAGE SETTLEMENT AGREEMENT
.000 5'
THIS AGREEMENT made this I () day of Ju.u e. ,~, is by and between
CATHY J. MILLS, presently of 64 West Big Spring Avenue, Apartment C, Newville,
Cumberland County, Pennsylvania 17241 (hereinafter referred to as "WIFE") and BRADLEY A.
MILLS, presently of 73 South High Street, Newville, Cumberland County, Pennsylvania 17241
(hereinafter referred to as "HUSBAND"),
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on July 18,
1998, and there are no children born of this marriage.
WHEREAS, the parties have reached an agreement concerning disposition of the various
marital assets accumulated by the parties during their marriage, and wish to memorialize that
agreement.
NOW, THEREFORE, in consideration of the premises and ofthe mutual promises,
covenants, and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each ofthe parties hereto, WIFE and HUSBAND,
each intending to be legally bound hereby, covenant and agree as follows:
-1-
1, AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS.
This Agreement shall not be construed to affect or bar the right of HUSBAND and WIFE
to an absolute divorce on lawful grounds if such grounds now exist or shalI hereafter exist or to
such defense as may be available to either party. This Agreement is not intended to condone, and
shalI 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 has occasioned the disputes or unhappy differences which may
occur subsequent to the date hereof. The parties intend to secure a mutual consent no-fault
divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980, as amended,
2. EFFECT OF DIVORCE DECREE.
The parties agree that unless 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,
3, AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE.
The parties agree that the terms of this Agreement may be incorporated into any Divorce
Decree which may be entered with respect to them.
4. NON-MERGER
It is the parties' intent that this Agreement does not merge with the Divorce Decree, but,
rather, it continues to have independent contractual significance, and each party maintains their
contractual remedies.
-2-
5, DATE OF EXECUTION
The "Date of Execution" or "Execution Date" of this Agreement shall be defined as the
date of execution of the party last executing this Agreement.
6. DISTRIBUTION DATE.
The transfer of property, funds, and/or documents provided for herein has taken place to
the satisfaction of all parties.
7, ADVICE OF COUNSEL.
The parties hereto declare that each has had a full and fair opportunity to obtain
independent legal advice of counsel of his or her selection in negotiation of, and formalization of
this Agreement; that WIFE has expressed her intention of not retaining counsel and desires to
proceed; and HUSBAND has been independently represented by Leonard Tintner, Esquire, 315
N. Front Street, Harrisburg, Peunsylvania 17101.
8, FINANCIAL DISCLOSURE,
The parties confirm that each has listed their limited assets and verify the accuracy of the
financial disclosure of the other, since having filed a Chapter 13 Bankruptcy in 2002.
9. PERSONAL PROPERTY.
HUSBAND and WIFE do hereby acknowledge that they have effected a satisfactory
division ofthe household furnishings, appliances and other personal property, and mutualIy agree
that each party shall from and after this date be the sole owner of all personal property presently
in his or her possession.
-3-
10, REAL PROPERTY
HUSBAND and WIFE do hereby agree that the real property, located at 73 South High
Street, Newville, Cumberland County, Pennsylvania 17241, will become the sole possession of
HUSBAND. WIFE agrees to execute a deed from both parties to HUSBAND since little or no
equity exists. HUSBAND will obtain financing for the real estate in his own name and have
WIFE released from the prior mortgage,
11. AFTER-ACOUIRED PROPERTY.
Each of the parties shan hereafter own and enjoy, independently of any claim or right of
the other, all items of property, tangible or intangible, personal, real or mixed, acquired by him or
her after the date of this Agreement, with fun power in him or her to dispose ofthe same as funy
and effectively, in all respects and for all purposes, as though he or she were unmarried,
12, DIVISION OF VEHICLES.
HUSBAND and WIFE do hereby agree that ownership of vehicles owned by the
parties, has been settled,
13. DISPOSITION OF PENSION PLANfRETIREMENT.
The parties hereto acknowledge that they each have pension plans through their
respective employers and that each party relinquishes their right to each other's pension plan,
14. ALIMONYfALIMONY PENDENTE LITE.
The parties agrees that there win be no alimony paid, Spousal support paid by
HUSBAND to WIFE shaH end upon the court's approval of the divorce decree. WIFE agrees to
execute a Consent Petition for same.
-4-
15. WAIVER OF INHERITANCE.
Each of the parties hereto does specifically waive, release, renounce and
forever abandon any right, title, interest, and claim, if any, either party may have in and
to any inheritance of any kind or nature whatsoever, previously or in the future received by the
other party.
16. DEBTS OF WIFE AND HUSBAND,
Both parties represents and warrant that they have not contacted or incurred any debtor
liability for which each party or their estate might be responsible, and both parties further
represent and warrant that they will not incur any debt or liability after the execution of this
Agreement for which either party or their estate might be responsible,
17, BANKRUPTCY.
The parties hereto agree that the provisions of the instant Agreement shalI not be
dischargeable in bankruptcy, and expressly agree to reaffirm any and all obligations contained
herein.
Both parties have filed a three-year Chapter 13 bankruptcy, HUSBAND and WIFE
separately pay $376.00 per month ($188.00 bi-weekly) to a trust managed by Charles J. DeHart,
III, Trustee, until the conclusion of the Chapter 13 Plan.
18, FINAL EOUlTABLE DISTRIBUTION OF PROPERTY.
The parties agree that the division of all property set forth in this Agreement is equitable,
and in the event an action in divorce is commenced, both parties relinquish the right to divide
-5-
said property in any manner not consistent with the terms set forth herein, It is further the intent,
understanding, and agreement of the parties that this Agreement is a full, final, complete and
equitable property division,
19. WAIVER OF COUNSEL FEES AND COSTS,
The parties hereto agree to, and do hereby waive any right and/or claim they may have,
both now and in the future, against the other for counsel fees and costs, except as may be
mutualIy agreed upon.
20. PERSONAL RIGHTS,
HUSBAND and WIFE may and shalI, at all times hereafter, live separate and apart. They
shall be free from any control, restraint, interference or authority, direct or indirect, by the other
in all respects as fully as if they were unmarried. They may reside at such place or places as they
may select Each may, for his or her separate use or benefit, conduct, carry on, and engage in any
business, occupation, profession, or employment which to him or other may seem advisable,
HUSBAND and WIFE shall not molest, harass, disturb, or malign each other or the respective
family 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.
21. MUTUAL RELEASE.
HUSBAND and WIFE each do hereby mutually remise, release, quitclaim, 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 right, title and interests, or claims in or against the property
(including income and gain from property hereafter accruing) of the other or against the estate of
-6-
such other, ofwhatever nature and wheresoever situate, which he or she now has or any time
hereafter may have against such 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 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 testamentary, or all
other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising
under the laws of (a) the Commonwealth of Pennsylvania; (b) State, Commonwealth or territory
of the United States; (c) any other country, or any rights which either party may have or at any
time hereafter have for the past, present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, equitable distribution or costs of expenses, whether arising as a result
of the martial relation, or otherwise, 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 the intention of HUSBAND and WIFE to give each other
by the execution of this Agreement a fulI, 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, agreements, and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any provisions
thereof.
-7-
22, WAIVER OR MODIFICATION TO BE IN WRITING.
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties, and no waiver of any breach hereof, or default hereunder, shall be deemed
a waiver of any subsequent default of the same or similar nature.
23. MUTUAL COOPERATION.
Each party shall, at any time, from time to time hereafter, take any and all steps and
execute, acknowledge, and deliver to the other party any and all further instruments and/or
documents that the other party may reasonably require for the purpose of giving
full force and effect to the provisions of this Agreement.
24. AGREEMENT BINDING ON HEIRS,
This Agreement shall be binding, and shalI inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
25. INTEGRATION.
This Agreement constitutes the entire understanding of the parties, and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein,
26, OTHER DOCUMENTATION,
WIFE and HUSBAND covenant and agree that they wilI forthwith (and within at least 20
days after demand therefor), execute any and all written instruments, assignments, releases,
satisfactions, deeds,notes, stock certificates, or such other writings as may be necessary or
-8-
desirable for the proper effectuation of this Agreement, and as their respective counsel shall
mutually agree, should be so executed in order to carry out fully and effectively the terms of this
Agreement.
27, NO WAIVER OF DEFAULT.
This Agreement shall remain in fulI force and effect unless and until terminated under
and pursuant to the terms of this Agreement. The failure of either party to insist
upon strict performance of any of the provisions of this Agreement shall in no way affect the
right of such party hereafter to enforce the same, nor shall the waiver of any
subsequent default of the same or similar nature be construed as a waiver of strict performance of
any other obligations herein,
28, BREACH.
If either party breaches any provision of this Agreement, the other party shall have the
right, at his or her election, to sue in law or in equity to enforce any rights and remedies which
the party may have, and the party breaching this Agreement shall be responsible for the
reasonable legal fees and costs incurred by the other in enforcing his or her rights under this
Agreement.
29, SEVERABILITY.
If any term, condition, clause, or provision of this Agreement shalI 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 shalI be
valid and continue in full force, effect and operation. Likewise, the failure of any party to meet
-9-
his or her obligations under anyone or more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations or
the parties,
30, LAW OF PENNSYLVANIA APPLICABLE.
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania,
31. HEADINGS NOT PART OF AGREEMENT,
Any headings preceding the text ofthe several paragraphs and subparagraphs hereof, are
inserted solely for convenience of reference, and shalI not constitute a part of this Agreement, nor
shall they affect its meaning, construction or effect.
IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year
first above written.
WITNESS:
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-10-
COMMONWEALTH OF PENNSYLVANIA
:SS,
COUNTY OF CUMBERLAND
;).005
On this, the (0 day of J (J.10'C ,7tlOO, before me, a Notary Public, the
undersigned officer, personally appeared CATHY J. MILLS, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged
that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal.
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No(ary Public
COMMONWEALTH OF PENNSYLVANIA
NoIarIeI Seal
Jody L GIlbert, Nolary Public
NewWle Boro, Clnlbertand County
lilt CcmmIssIcn EJeplrus AIJg, 6, 2008
Member. Pennsylvania Associalion Of Notaries
COMMONWEALTH OF PENNSYLVANIA
:SS.
COUNTY OF DAUfIIR-l- ().J1MBEeu:}JJ.f)
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On this, the 10 day of J \HJ e. ;2004; before me, a Notary Public, the
undersigned officer, personally appeared BRADLEY A. MILLS, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged
that she executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal.
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ot Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jody L GIIberl. NotaIy Public
Newville Bao. Ctmbertand Coonty
My COI,., ,Issloo, Expires Aug, 6, 2008
Member, Pennsyi"v801l! Association Of Notaries
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Leonard Tintner, Esquire
Supreme Court J.D. #06859
BOSWELL, TINTNER, PICCOLA & ALFORD
315 N, Front Street
PO Box 741
Harrisburg, P A 17408-0741
(717) 236-9377
Attorneys for Plaintiff
BRADLEY A. MILLS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
v.
: NO. 04-592
CATHY J. MILLS,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
I, BRADLEY A. MILLS, being duly sworn according to law, depose and say that:
1. I am the Plaintiff in the above-captioned action in divorce under Section 3301(c) of
the Divorce Code.
2. 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.
3, I understand that the Court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request.
4. 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 by the court.
5. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 10, 2004.
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6. My marriage to CATHY J. MILLS is irretrievably broken.
7. Ninety (90) days have elapsed from the date of filing the Complaint
8, I consent to the entry of a final Decree of Divorce.
9, I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree,
I, BRADLEY A. MILLS, Plaintiff, 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.A. Section 4904, relating to unsworn falsification to authorities,
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Bradley A. Mills
DATE:
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Leonard Tintner, Esquire
Supreme Court LD, #06859
BOSWELL, TINTNER, PICCOLA & ALFORD
3 I 5 N, Front Street
PO Box 741
Harrisburg, PA 17408-0741
(717) 236-9377
Attorneys for Plaintiff
BRADLEY A. MILLS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
v.
: NO. 04-592
CATHY J. MILLS,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
I, CATHY J. MILLS, being duly sworn according to law, depose and say that:
1. I am the Defendant in the above-captioned action in divorce under Section 330l(c)
of the Divorce Code.
2. 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.
3. I understand that the Court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request.
4. 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 by the court.
5, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 10,2004.
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6, My marriage to BRADLEY A. MILLS is irretrievably broken.
7. Ninety (90) days have elapsed from the date of filing the Complaint.
8. I consent to the entry of a final Decree of Divorce,
9. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I, CATHY J. MILLS, Defendant, 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.A. Section 4904, relating to unsworn falsification to authorities.
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Leonard Tintner. Esquire
Supreme Court l.D, #06859
BOSWELL, TlNTNER, PICCOLA & ALFORD
315 N, Front Street
PO Box 741
Harrisburg, PA 17408.0741
(717) 236-9377
Attorneys for Plaintiff
BRADLEY A. MILLS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
v.
: NO. 04-592
CATHY J. MILLS,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
!l3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2, I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted,
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary .
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa,C.s. 94904 relating to unsworn
falsification to authorities.
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Bradley A, Mills
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Leonard Tintner, Esquire
Supreme Court J.D. #06859
BOSWELL, TINTNER, PICCOLA & ALFORD
315 N, Front Street
PO Box 741
Harrisburg, PA 17408-0741
(717) 236-9377
Attorneys for Plaintiff
BRADLEY A. MILLS,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
v.
: NO. 04-592
CATHY J. MILLS,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
113301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
/ . '~lUS.
DATE: lo-/3-0)
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Leonard Tintner, Esquire
Supreme Court LD, #06859
BOSWELL, TINTNER, PICCOLA & ALFORD
315 N, Front Street
PO Box 741
Harrisburg,PA 17408-0741
(717) 236-9377
Attorneys for Plaintiff
BRADLEY A. MILLS,
PLAINTIFF
v.
CATHY J. MILLS,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
: NO. 04-592
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) () 3301 (d) (1)
of the Divorce Code.
(Check applicable section),
2. Date and manner of service of the Complaint: Acceotance of Service - Filed with Court
Februarv 20. 2004.
3. (Complete either paragraph (a) or (b)).
(a). Date of execution of the affidavit of consent required by Section 3301 (c) of the
Divorce Code: Plaintiff - 6/13/2005; Defendant 6/13/2005
, ---
(b). (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the
Divorce Code: nla;
4. Related claims pending: None
5. Date and service of the Notice of Intention to file Praecipe to Transmit Record, a copy of
which is attached, if the Decree is to be entered under section 3301 (d)(I)(i) of the Divorce Code,
nla.
LEONARD TINTNER
Attorney for (x) Plaintiff
( ) Defendant
DATE: June 13,2005
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
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PENNA.
STATE OF
BRADLEY A. MILLS,
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.
PLAINTIFF
No.
04-592
VERSUS
CATHY J. MILLS,
,
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DEFENDANT
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DECREE IN
DIVORCE
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lb
2005 , IT IS ORDERED AND
AND NOW,
JUNE
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DECREED THAT
BRADLEY Ao MILLS
, PLAINTIFF,
CATHY J 0 MILLS
AND
, DEFENDANT,
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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; 001<2..
.
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.
The terms of the Marriage
parties on June 10, 2005, is hereby
decree.
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By TH
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