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HomeMy WebLinkAbout08-3227BRADFORD VERNON MILLER PLAINTIFF VS SUSAN PATRICIA MILLER DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE :NO. 62-3A9.1 Civic Term 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 Divorce Complaint 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 BAR ASSOCIATION 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 BRADFORD VERNON MILLER PLAINTIFF VS SUSAN PATRICIA MILLER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. OF- .3-2J7 oti;_,? COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Bradford Vernon Miller, by his attorney, Gail Guida Souders, Esquire, and pursuant to Section 3301 (d) of the Pennsylvania Divorce Code, seeks to obtain a Decree in Divorce from the Defendant, Susan Patricia Miller, upon the grounds set forth: 1. The Plaintiff, Bradford Vernon Miller, is an adult individual residing at 409 Hillside Drive, New Cumberland, PA 1717070. 2. The Defendant, Susan Patricia Miller, is an adult individual residing at 40 Privet Drive, Etters, PA 17319. 3. Plaintiff has been bona fide resident 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 April 6, 1991 in York 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 retired member of the Armed Services of the United States. 9. The parties have one minor child together. 10. The Plaintiff avers that the grounds on which the action is based are: (a) That the marriage is irretrievably broken under 23 Pa. Const. Stat. § 3301(d). (b) The parties have been separated for more than two years. 11. The plaintiff requests this Honorable Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests your Honorable Court enter a Decree as follows dissolving the marriage between the parties. Respectfully submitted I M /VO-475 ail Guida Souders Attorney for Plaintiff Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 Supreme Court ID # 68740 I, Bradford Vernon Miller, verify that 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.C.S. § 4904, relating to unsworn falsification to authorities. &41yk V44,1? Tq BRADFO ERNON MILLER DATE: K ATTORNEY FOR PLAINTIFF BRADFORD VERNON MILLER PLAINTIFF VS SUSAN PATRICIA MILLER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. NOTICE If you wish to deny any J the statements set forth in this affidavit, you must file a counter-affidavit with in twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301 (d OF THE DIVORCE CODE 1. The parties to this action separated in 2002 and have continued to live separate and apart for a period of at least two years. 2. The marriage of plaintiff and defendant is irretrievably broken. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE Bradford rnon Miller D ? C BRADFORD VERNON MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08 - 3227 CIVIL TERM SUSAN PATRICIA MILLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE AND NOW, comes the Defendant, Susan Patricia Miller, by and through her attorney, Lorin Andrew Snyder, Esquire, who represents as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. (a) Admitted. (b) Admitted. 11. No answer required. NEW MATTER COUNT II - EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if fully set forth. 13. Plaintiff and Defendant possess personal marital property which is subject to equitable distribution by this Honorable Court. WHEREFORE, Defendant requests this Honorable Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. COUNT III - ALIMONY 14. Paragraphs 1 through 13 are incorporated herein by reference as if fully set forth. 15. Defendant requires support to adequately maintain herself in the standard of living established during the marriage. WHEREFORE, Defendant requests this Honorable Court to award her reasonable alimony pursuant to Section 3701 of the Divorce Code.. Respectfully Submitted, ROJ6UV-ORFICES (3 C/2 Date Lor, dre nyder, Esquire S itt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Answer to Complaint in Divorce are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. 441 Date Sus n P. Miller Defendant BRADFORD VERNON MILLER, Plaintiff V. SUSAN PATRICIA MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 3227 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S COUNTERAFFIDAVIT UNDER 43301(D) OF THE DIVORCE CODE 1. C:7(a) ither (a) or (b): I do not oppose entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. R BRADFORD VERNON MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08 - 3227 CIVIL TERM SUSAN PATRICIA MILLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I verify that the statements made in this Counteraffidavit 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. 6?wll'v rJ'/"' " a'1' Date SusVn' P. Miller Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer to Complaint in Divorce and Defendant's Counteraffidavit on Gail Guida Souders, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the Twentieth day of June 2008, from Carlisle, Pennsylvania, addressed as follows: Gail Guida Souders, Esq. Guida Law Offices 111 Locust Street Harrisburg, PA 17101 ICES , Esquire 28 Sj6W Pi Carlis a PA4-7013 (717) 245-9688; FAX 717.245.2165 Attorney for Defendant ?, o c V' w Rd c r? rO ro BRADFORD VERNON MILLER, Plaintiff V. SUSAN PATRICIA MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3227 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Plaintiff, Bradford Vernon Miller, in the above-captioned action. Date:-- / 4A Z 7 e Y' TO THE PROTHONOTARY: By: /? W D Gail Guida Souders 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Please enter the appearance of John J. Connelly, Jr., Esquire, on behalf of the Plaintiff, Bradford Vernon Miller, in the above-captioned action. Date: I - ? - o g By: Post Office Box 650 Hershey, PA 17033 (717) 533-3280 r-.a ,w.'y -C"1 C? ', r' c- ..? ` .. i ? ' ' ? „? ...-- -";: MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN BRADFORD V. MILLER AND SUSAN PATRICIA MILLER John J. Connelly, Jr., Esquire Lorin Andrew Snyder, Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP TURO LAW OFFICES P.O. Box 650 28 South Pitt Street Hershey, PA 17033 Carlisle, PA 17013 Telephone: (717) 533-3280 Telephone: (717) 245-9688 Counsel for Bradford V. Miller Counsel for Susan Patricia Miller MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this p? day of , 2008, by and between BRADFORD V. MILLER and SUSAN PATRICIA MILLER. WITNESSETH: WHEREAS, Bradford V. Miller (hereinafter called "Husband") currently resides at 409 Hillside Road, New Cumberland, Pennsylvania 17070; WHEREAS, Susan Patricia Miller (hereinafter called "Wife") currently resides at 40 Privet Drive, Etters, Pennsylvania 17319; WHEREAS, the parties hereto are husband and wife, having been lawfully married on April 6,1991; WHEREAS, the parties have lived separate and apart since on or about September 2, 2002; WHEREAS, one child was born of the marriage between the parties, namely, Tara P. Miller, born January 4,1992; WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the 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, 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. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not 1 molest, harass, disturb or malign 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. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from John J. Connelly, Jr., Esquire, his counsel, and Wife has secured legal advice from Lorin Andrew Snyder, Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law 2 and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset that is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband acknowledges that he has filed a Divorce Complaint in the Court of Common Pleas Cumberland County, Pennsylvania indexed to Docket No. 08-3227. The parties agree that, upon execution of this Agreement, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Husband may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Husband shall supply counsel for Wife with a copy of the Decree. 3 5. EQUITABLE DISTRIBUTION. A. Real Estate. The parties previously owned real estate located at 175 Erford Road, Camp Hill, Pennsylvania as tenants by the entireties. The said real estate was sold and the proceeds were divided equally between the parties. B. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. C. Life Insurance. Each party shall retain any life insurance policies in their individual names and shall further retain the right to designate a beneficiary of their choosing on the policies. D. Pension and Retirement Benefits. (1) Husband shall retain as his sole and separate property his interest in his Civil Service Retirement System Pension, without any claim or interest by Wife. If requested by Husband or deemed necessary by the Plan Administrator or personnel management office, Wife will execute any and all documents to confirm her waiver of Husband's pension and retirement death or survivor benefits. (2) Husband agrees that he will transfer to Wife from his Thrift Savings Plan an amount equal to $27,000.00. In the event $27,000.00 is not available to transfer to Wife at the time pursuant to a Qualified Domestic Relations Order, Husband shall pay the difference to Wife in cash. The said Qualified Domestic Relations Order shall be prepared by counsel for Wife. E. Bank Accounts. The parties have mutually divided to their satisfaction any bank accounts jointly held by them. Any bank accounts held in the individual name of either party shall remain that party's sole and separate property. 4 F. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the parry to whom the property is titled; and if untitled; the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. G. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 1. Marital Debt. The parties acknowledge that there are no marital debts. Each party shall be responsible for their individual financial obligations. I Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this' Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. 5 K. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. L. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. M. Warranty as to Future Obliizations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally 6 determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. SUPPORT. (A) Husband agrees to pay to Wife in the form of child support for the parties' daughter, Tara P. Miller, born January 4, 1992, the sum of $600.00 per month. The said payments shall terminate on June 30, 2010. Husband shall make the said payments within ten (10) days of the first day of each month. In the event Husband fails to make the payments timely, Wife reserves the right to reinstate the support action filed in the Court of Common Pleas Cumberland County Domestic Relations Division at Docket No. 00515-S-2008; PACSES Case No. 156110117. The support payments contained herein shall be non-modifiable by either party and as referenced above, may be entered as an Order in the event of a default by Husband. (B) Husband shall maintain medical insurance coverage for the parties' daughter on his health insurance plan until January of 2011 at which point said coverage for the parties' daughter shall terminate. The requirement for Husband to carry health insurance contained herein is conditioned upon Husband's employer supplying the said coverage at no additional cost beyond the amount he is currently paying for the coverage. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waive all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, 7 including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds thereof in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement, with full power in him or her to dispose of the same fully and effectively for all purposes. 8 B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party' may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as otherwise set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, 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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each parry gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either parry ever had or now has against the other. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their Divorce Decree all financial records relating to the 9 marital estate, and each party will allow the other parry access to those records in the event of tax audits. 12.' MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto breaches any provision hereof, 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. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be accomplished by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Bradford V. Miller 409 Hillside Road New Cumberland, PA 17070 and to Wife, if made or addressed to the following: Susan Patricia Miller 40 Privet Drive Etters, PA 17319 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 10 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties hereto. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This 11 Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable, to effectuate the provisions and purposes of this Agreement. If either parry unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and, in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date hereinabove set forth. '" C?'M?' ford Miller C Sus atricia iller 12 BRADFORD VERNON MILLER, Plaintiff V. SUSAN PATRICIA MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 3227 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACKNOWLEDGMENT OF SERVICE I, Susan Patricia Miller, hereby acknowledge receipt of the Divorce Complaint, served by the above Plaintiff via U.S. first class mail, certified return receipt, on or about June 1, 2008. 0 Date tr 4.111 lGam/ M / Susan Patricia MA & Defendant CJ r-a c? C= ra r {. } C, ?rC2 V, •. BRADFORD VERNON MILLER, Plaintiff V. SUSAN PATRICIA MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3227 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 ( ) 3301(c) ( x ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: by certified, restricted mail on June 1, 2008, as evidenced by Defendant's Acknowledge of Service being filed contemporaneously herewith. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: dated May 14, 2008 and filed with Complaint in Divorce on May 22, 2008. (2) Date of service of the Plaintiffs Affidavit upon the Defendant: Upon Defendant with the Complaint in Divorce on June 1, 2008. P 4. Related claims pending: All claims have been settled pursuant to a Marital Settlement Agreement dated October 24, 2008. Date and manner of 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) of the Divorce Code: 6. Date and manner of service of 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) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: May 14, 2008 and filed with Complaint in Divorce on Mgy 22, 2008• by Defendant: June 20, 2008 and filed with Answer to Complaint in Divorce on June 20, 2008. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 11 1??a el Lllnn& By: Jo J. onne , Jr. A orn 615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff ?? ?, ?_'.' ?A r ? ? -i + ` + I j ? < r ? _.. - Y ?. < 't 1. P.._) _.y y?? ?! .. t.... _ ?, .?ideaw ,'..ems'., ?? P. ^? (? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 006 Idic STATE OF PENNA. BRADFORD VRRNnN MTT.T.F.R, I I Plaintiff No. 08-3227 VERSUS SUSAN PATRICIA MILLER, Defendant DECREE IN DIVORCE AND NOW, NIYt.?I,?- /06r , 2008 , IT IS ORDERED AND DECREED THAT Bradford Vernon Miller , PLAINTIFF, AND Susan Patricia Miller 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; The attached Marital Settlement Agreement is hereby incorporated but not merged, into this Decree in Divorce. BY THE PROTHONOTARY -50-teI l 90.1' It BRADFORD VERNON MILLER, Plaintiff v. SUSAN PATRICIA MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 3227 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ASSENT TO ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER The parties hereto assent to the entry of the attached Qualified Relations Order. Witness: Witn s Yltness 1 radford ernon Miller g,u 1 /,94 Su n tricia Miller 2,/',70 Z2,,flV DATE tw_ "=, ? "`; ?? -? --, . ... ??. ? 'mi`l T .?' i ' , i ?, " ` C..r ,t.., ? .? ? , -,-, "ii ?, -- ?,.,, ?.) r -, ? r? "'4 BRADFORD VERNON MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08 - 3227 CIVIL TERM SUSAN PATRICIA MILLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER The parties have reached an agreement as to the division of certain employee benefit plan in which Bradford Vernon Miller is a participant: It is hereby ORDERED, adjudged and decreed that a division and disposition of the employee pension benefit plan identified below shall be and is made according to the provisions of the Domestic Relations Law of the Commonwealth of Pennsylvania and of §401(a)(13) and §414(p) of the Internal Revenue Code of 1996 as amended (hereinafter referred to as the "Code"), relating to Qualified Domestic Relations Orders as follows: 1. The Court finds and concludes that Bradford Vernon Miller (hereinafter referred to as the "Participant") is a Participant and has an interest in an account under a certain employee benefit plan known as the Thrift Savings Plan. 2. Susan Patricia Miller (hereinafter referred to as the "Alternate Payee") is a former spouse of Participant and is hereby designated as an Alternate Payee of Participant's interest in an account under the Thrift Savings Plan pursuant to §401(a)(13) and §414(p) of the Code, and to the extent provided in this Qualified Domestic Relations Order. 3. The Thrift Savings Plan to which this Qualifying Domestic Relations Order relates is identified by the account number 4102197324155. 4. It is hereby ORDERED that the Alternate Payee shall have and receive, and the plan administrator and/or trustee of the Thrift Savings Plan are directed to pay to the Alternate Payee from the Participant's account under the Thrift Savings Plan promptly at the execution and entry of this Qualified Domestic Relations Order one E S 12 Wd C-' NOW IrviwAu. do ,t hundred percent (100%) of the balance of Participant's Thrift Savings Plan account (hereinafter referred to as "Single Sum Payment") as of the date of this Order, provided that amount does not exceed $27,000.00. Should the balance of the Thrift Savings Plan exceed $27,000.00, the Alternate Payee shall have and receive, and the plan administrator and/or trustee of the Thrift Savings Plan are directed to pay to the Alternate Payee from the Participant's account under the Thrift Savings Plan promptly at the execution and entry of this Qualified Domestic Relations Order twenty-seven thousand dollars ($27,000.00) of Participant's Thrift Savings Plan account. 5. The plan administrator and/or trustee of the Thrift Savings Plan are hereby authorized and directed by the Alternate Payee to pay the Single Sum Payment to the Alternate Payee's retirement account at Fidelity Investments, P.O. Box 770001, Cincinnati, OH 45277, said retirement account identified by the account number 326501204. 6. In event of the Participant's death prior to the Alternate Payee's receipt of the Single Sum Payment pursuant to paragraph 3 above, the Alternate Payee shall be treated, in accordance with §414(p)(5) of the Code as the surviving spouse of the Participant for the purposes of and under the Thrift Savings Plan with regard only to the unpaid amount, if any, of the Single Sum Payment. 7. The name and last known mailing address of the Participant is as follows: Bradford Vernon Miller, 409 Hillside Road, New Cumberland, PA 17070. The Participant's Social Security Number is 161-40-1450. 8. The name and last known mailing address of the Alternate Payee is as follows: Susan Patricia Miller, 40 Privet Drive, Etters, PA 17319. The Alternate Payee's Social Security Number is 211-48-0346. 9. The Alternate Payee shall notify in writing the plan administrator and/or trustee of the Plan of any changes in her mailing address. 10. It is the intention of the Alternate Payee and the Participant that this Order shall qualify as a Domestic Relations Order within the meaning of §414(p) of the Code and §206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended (hereinafter referred to as "ERISA"), and that whenever the provisions hereof are inconsistent with the definition of a Qualified Domestic Relations Order as may be contains from time to time in the Code or ERISA, this Order shall be amended from time to time, as may be necessary, to comply with the requirements for Qualified Domestic Relations Orders under the Code and ERISA or regulations promulgated thereunder and to cause this Order to be accepted as a Qualified Domestic Relations Order by the plan administrator of the Thrift Savings Plan. The court retains jurisdiction to amend this Order to so comply. 11. It is hereby ORDERED that a true copy of this Qualified Domestic Relations Order be served upon the plan administrator and trustee of the Plan of this Qualified Domestic Relations Order shall be binding on the plan administrator and the trustee according to the laws of the Commonwealth of Pennsylvania, the Code and ERISA. The Participant and the Alternate Payee are ordered to comply with the terms and spirit of the Qualified Domestic Relations Order. 12. The Court further retains jurisdiction to supervise implementation of this Qualified Domestic Relations Order and those provisions of the parties' decree in divorce regarding division and disposition of the Participant's interest in an account under the Thrift Savings Plan and to enter such orders hereafter as may be required to implement fully this Order and any subsequent orders of the Court regarding the Thrift Savings Plan. So ordered this :?,.• day of 2009. BY THE COURT, c.c. ZBradford V. Miller, pro se Xorin Andrew Snyder, Esq., ttorney for Susan P. Miller COP ti5 .mot (TCL J.