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HomeMy WebLinkAbout08-3417WILLIAM E. MILLER, JR., ESQUIRE PLAINTIFF PRO SE I.D. NO. 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 WILLIAM E. MILLER, JR., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MICHELLE E. BOYER-MILLER, Defendant NO. 2008- 3'11 CIVIL TERM 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 foregoing 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 in 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 WILLIAM E. MILLER, JR., Plaintiff vs. MICHELLE E. BOYER-MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008- -3 V17 CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this 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 of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. WILLIAM E. MILLER, JR., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MICHELLE E. BOYER-MILLER, Defendant NO. 2008- CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW comes the above-named Plaintiff, WILLIAM E. MILLER, JR., and makes the following Complaint in Divorce: 1. The Plaintiff is WILLIAM E. MILLER, JR., an adult individual who currently resides at 525 West Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is MICHELLE E. BOYER-MILLER, an adult individual who currently resides at 525 West Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 8, 2000. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff requests this Court to enter a Decree of Divorce in this matter pursuant to Section 3301(c) of the Divorce Code. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to Section 3301(c) of the Divorce Code. I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. Section 4904 (unsworn falsification to authorities). c- JAJ Zorsg Date WILLIAM E. MILLER, JR. * w C) , ' J C o c"...? il j`, V va 1 7,17, C> j ^s"y WILLIAM E. MILLER, JR., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW MICHELLE E. BOYER-MILLER, ; Defendant NO. 2008- 3 q / -;?- CIVIL TERM IN DIVORCE DEFENDANT'S ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce in this matter in accordance with Pa. R.C.P. 1920.4 and 402(b). DATED: 1 Mailing Address: n o-5-s C7 • V WILLIAM E. MILLER, JR., Plaintiff VS. MICHELLE E. BOYER-MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3417 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE You are hereby notified to file a written response to the enclosed Counterclaims within twenty (20) days from service hereof or a judgment may be entered against you. j n 44 i "V MAX J. SMITH, 7R., Esquire Attorney for Defendant P.O. Box -650 Hershey, PA 17033 (717) 533-3280 Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: Lnjs@jsdc.com WILLIAM E. MILLER, JR., Plaintiff VS. MICHELLE E. BOYER-MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3417 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE DEFENDANT'S ANSWER AND COUNTERCLAIMS TO COMPLAINT IN DIVORCE AND NOW comes the Defendant, MICHELLE E. BOYER-MILLER, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully Answers the above-referenced Complaint in Divorce as follows: L-8. Admitted. COUNTERCLAIM COUNT II EQUITABLE DISTRIBUTION OF PROPERTY 9. Paragraphs one (1) through eight (8) are incorporated herein by reference as though set forth in full. 10. During the course of the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution by the Court. 11. Plaintiff and Defendant have been unable to agree as to an equitable division of said property, and substantial portions of said property are in the exclusive control of Plaintiff. 12. Defendant requests the Court to equitably divide all marital property and enjoin Plaintiff from the removal, disposition, alienation or encumbering of all real and personal property of the parties. COUNT III ALIMONY 13. Paragraphs one (1) through twelve (12) are incorporated herein by reference as though set forth in full. 14. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 15. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 16. Plaintiff earns substantially more income per year than Defendant and has substantial assets. 17. Defendant requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. COUNT IV ALIMONY PENDENTE LITE, ATTORNEY FEES, COSTS AND EXPENSES 18. Paragraphs one (1) through seventeen (17) are incorporated herein by reference as though set forth in full. 19. By reason of this action, Defendant will be put to considerable expense in the preparation of her case, in the employment of counsel and payment of costs and expenses. 20. Defendant is without sufficient means to support herself and to meet the costs and expenses of this litigation, and is unable to appropriately maintain herself during the pendency of this action. 21. Defendant does not have adequate income to provide for her reasonable needs and pay her counsel fees and the costs and expenses of this proceeding. 22. Plaintiff has adequate earnings to provide for the support of Defendant during the pendency of this litigation and to pay her attorney fees, costs and expenses; and therefore Defendant demands counsel fees and expenses under Section 3702 of the Divorce Code. WHEREFORE, Defendant prays this Honorable Court to: (a) grant Plaintiff's request for a divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code; (b) equitably divide the marital property remaining between the parties; (c) order the Plaintiff to pay alimony to the Defendant; (d) award Defendant alimony pendente lite, reasonable attorney fees, costs and expenses; and (e) order such further relief as the Court may determine equitable and just. Respectfully submitted, Date: September 11, 2008 a "I MAX J. SMITH, ., Esquire I.D. No. 32114 JAR.AD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Answer 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. WILLIAM E. MILLER, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-3417 CIVIL TERM MICHELLE E. BOYER-MILLER, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of September, 2008, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Answer with Counterclaims by depositing a certified copy of the same in the United States mail, post- age prepaid, at Hummelstown, Pennsylvania, addressed to: William E. Miller, Jr., Esquire 1822 Market Street Camp Hill, PA 17011 hit QA MAX J. SMITH, ., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 -rti:, tri n r Q+ Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjsnajsda.com WILLIAM E. MILLER, JR., Plaintiff VS. MICHELLE E. BOYER-MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3417 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE REQUEST FOR HEARING AND NOW COMES the Defendant, MICHELLE E. BOYER-MILLER, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully states as follows: 1. A Complaint in Divorce was filed by Plaintiff on June 3, 2008. 2. An Answer with Counterclaims, including alimony pendente lite, was filed by Defendant on September 19, 2008. 3. A Complaint for Support/Alimony Pendente Lite was filed by Defendant in the Domestic Relations Office of Cumberland County on September 19, 2008. 4. Defendant requests that a hearing be scheduled to make a determination concerning her claim for alimony pendente lite. WHEREFORE, Petitioner respectfully requests that a hearing be scheduled to address the issue of alimony pendente lite that was raised in the Answer with Counterclaims. Respectfully submitted, Date: September 23, 2008 t, at? 10 MAX J. SMITH, J Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 WILLIAM E. MILLER, JR., Plaintiff VS. MICHELLE E. BOYER-MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3417 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this L3 day of September, 2008, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Request for Hearing by depositing a certified copy of the same in the United States mail, postage prepaid, at Hummelstown, Pennsylvania, addressed to: William E. Miller, Jr., Esquire 1822 Market Street Camp Hill, PA 17011 MAX J. SMITH, , Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 C`? ? _ n -c?+ i ?:= ?,,? C.? 1 . ? lV ? r ?. i _T? -r!_J '' i.?.... ?.fMf"i .? ?.?T '? WILLIAM E. MILLER, JR., THE COURT OF COMMON PLEAS OF Plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-3417 CIVIL TERM MICHELLE E. BOYER-MILLER,: IN DIVORCE Defendant/Petitioner : PACSES NO: 990110353 ORDER OF COURT AND NOW, this 24th day of September, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on October 15, 2008 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Max J. Smith, Jr., Esq. Date of Order: September 24, 2008 BY THE COURT, Edgar B. Bayley, President Judge R. J. Sh ` day, Conference Officer ' YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ° to "T3 [. ? Ta"r"s `r'} „? ?"" ?-? : ??. r, .?" ;. _ `? ?. WILLIAM E. MILLER, JR., THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE MICHELLE E. BOYER-MILLER,: Defendant/Petitioner NO. 08-3417 CIVIL TERM IN DIVORCE PACSES CASE NO: 990110353 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 9th day of October 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on October 24, 2008 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of October 15, 2008 YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Date of Order: October 9, 2008 Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Max J. Smith, Esq. f it. J. S day, ogerence f ficer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 C.^, ?' `. ?.? -??„ ? ,?. q ` .,? __ ?; ?r„> WILLIAM E. MILLER, JR., THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-3417 CIVIL TERM MICHELLE BOYER-MILLER, : IN DIVORCE Defendant/Petitioner : PACSES NO: 990110353 ORDER OF COURT AND NOW, this I st day of December 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on December 23, 2008 at 8:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11 © (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Max Smith, Jr., Esq. Samuel L. Andes, Esq. Date of Order: December 1, 2008 R. J. adday, Conference Officer Y YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 WILLIAM E. MILLER, JR., Plaintiff VS. MICHELLE E. BOYER-MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3417 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 3, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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. Section 4904, relating to unworn falsification to authorities. Date: December 2??, 2008 WILLIAM E. MILLER, JR. C? r-.2 s? WILLIAM E. MILLER, JR., Plaintiff VS. MICHELLE E. BOYER-MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3417 CIVIL TERM CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE I consent to the entry of a Final Decree of Divorce without further 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. Section 4904, relating to unsworn falsification to authorities. Date: December 2 , 2008 WILLIAM E. MILLER, JR. rya - . ri i WILLIAM E. MILLER, JR., Plaintiff VS. MICHELLE E. BOYER-MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3417 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 3, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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. Section 4904, relating to unsworn falsification to authorities. Date: December 2008 MICHELLE E. BOYER- C"} rY _ ? ? ? { c.? tea -? ?,? ? ??.?. j=;'. - .?.? _,: ??: . __ ? . (d'f . WILLIAM E. MILLER, JR., Plaintiff VS. MICHELLE E. BOYER-MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-3417 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further 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. Section 4904, relating to unsworn falsification to authorities. Date: December 2008 MICHELLE E. BOYER-MILLER _.1.., .. ., ? 5 ` t ? ?? r? z-i 7? '^ ? _ : f 7"1 „ ' ? (? ? _3 `s? ?i' ...? -'C. DEC-29-2008(MON) 11:59 Samuel Andes. Esq. WILLIAM E. MILLER, JR., ) Plaintiff ) VS. ) MICHELLE E. BOYER-MILLER, ) Defendant ) PRAECIPE TO THE PROTHONOTARY: (FPY) 717 751 1aDS 0."2/P12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3417 CIVIL TERM CIVIL ACTION - LAW Please withdraw the economic claims previously raised in this matter by the Defendant, including, but not limited to, a claim for equitable distribution of property, a claim for alimony, and a claim for alimony pendente lite, attorney's fees, costs and expenses. /zl-Ldo? qA- ? I" - Max J. Smith, Jr. Attorney for Defendant cal Rya -! ( 'Jo h WILLIAM E. MILLER, JR., Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3417 CIVIL TERM MICHELLE E. BOYER-MILLER, Defendant 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). 2. Date and manner of service of the Complaint: Acceptance of Service filed 12 June 2008 indicating service on Defendant of 6 June 2008. 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: by Plaintiff: 23 December 2008 by Defendant: 23 December 2008 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Defendant's Affidavit upon the Respondent: 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: filed contemporaneously with this Praecipe. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: filed contemporaneously with this praecipe. 4 Date: Zi 4)Qr-- 09 B Sam I C. Andes Attorney for Plaintiff C? ? E? C"r` `?' -1 l f ? }, te . _.: -? ?Z?! ' .r+ ? j"\ IN THE COURT OF COMMON PLEAS OF WILLIAM E. MILLER, JR. : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE E. BOYER-MILLER : NO. 2008-3417 CIVIL TERM DIVORCE DECREE , kol--, AND NOW, wk- 3V R , it is ordered and decreed that -X)20 ; WILLIAM E. MILLER, JR. _,plaintiff, and MICHELLE E. BOYER-MILLER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Attest: - 01 ( J. Prothonotary R t MICHELLE E. BOYER-MILLER,: Plaintiff/Petitioner VS. WILLIAM E. MILLER' .M.' Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-3417 CIVIL TERM IN DIVORCE PACSES CASE: 990110353 ORDER OF COURT AND NOW to wit, this 14th day of January 2009, it is hereby Ordered that the Domestic Relations Section dismiss their interest in the above captioned Alimony Pendente Lite matter, pursuant to no action being pursued through the Domestic Relations Office since the filing of the request for a conference on September 23, 2008. BY THE COURT: rx -L U4 M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq. Max J. Smith, Jr., Esq. Form OE-001 Service Type: M Worker: 21005 C3 d ? _.?, ?-' ". c... ?'r. ? A t ? r, ;Y?`p T? ? ?? C ? ? ? W WILLIAM E. MILLER, JR., Plaintiff vs. MICHELLE E. BOYER-MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3417 CIVIL TERM CIVIL ACTION - LAW MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW come the above-named parties and jointly move.-the- court to enter the - attached Qualified Domestic Relations Order to divide and distribute one of their assets in accordance with the terms of the Property Settlement Agreement they have previously signed. Dated: 16 October 2009 _ William E Miller, Michelle E. Boyer-Miller F LE - - C?,F- THE 2109Q? ! F 4: "I ° OCT 19 2009/) J COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In re the Marriage of: WILLIAM E. MILLER, JR, and Petitioner, MICHELLE E. BOYER-MILLER, Respondent Case No.: 2008-3417 Stipulated Domestic Relations Order This matter having come before the court on the stipulation of the parties as set forth below, and the Court finding that the parties have agreed on the terms under which certain retirement benefits of WILLIAM E. MILLER, JR., shall be divided, then this Order is entered pursuant to the court's authority under the applicable domestic relations laws of the state of PENNSYLVANIA. IT IS ORDERED: Nature of this Order: This Order assigns and recognizes the existence of an alternate payee's right to receive a portion of a participant's benefits payable in a defined contribution plan, and authorizes the administrator of such plan to pay such portion to the alternate payee. This order is intended to be a qualified domestic relations order ("QDRO") within the meaning of §414(p) of the Internal Revenue Code ("Code"). Statements of Fact 2. Participant Information: The name and address of the plan participant to which this Order applies are: Name: WILLIAM E. MILLER, JR. Address: 1822 MARKET STREET, CAMP HILL, PA 17011 3. Alternate Payee Information: The name and address of the alternate payee to which this Order applies are: Name: MICHELLE E. BOYER Address: 525 W WINDING HILL ROAD, MECHANICSBURG, PA 17055 Page 1 of 3 !r 4. Plan Name: The name of the plan to which this Order applies is the MILLER & ASSOCIATES, PC 401(K) PLAN ("Plan"). This Order shall also apply to any successor plan to the Plan, or to any other plan that incurs liability for payment of the Participant's benefits in the Plan. 5. Benefits Assigned to the Alternate Payee: The portion of the Participant's account balance in the Plan payable to the Alternate Payee is: 100% of the MetLife Life Insurance policy currently being held in the Miller & Association 401(k) Plan, which the plan as a beneficiary. A letter is also being provided to MetLife so that they can change the beneficiary of the life insurance policy. 25% of the Participant's vested account balance as of 12/30/2008 (plus income or losses allocable on that amount from that date to the date the Alternate Payee's portion is segregated from the Participant's account). 6. If the investments of the Participant's account include one or more loans to the Plan Participant, the Participant's account balance shall be determined as if the loan(s) were fully repaid as of the date the account balance is determined. However, the Alternate Payee's account shall be funded exclusively with assets other than the participant loan(s). Time and Manner of Payment 7. If the Plan permits an immediate distribution of the benefit described in Paragraph 5 of this Order, the Alternate Payee may request a distribution of the benefit as soon as administratively feasible following the date that the Plan Administrator determines that this order is a QDRO. If the Plan does not permit an immediate distribution, the Alternate Payee may elect to have the Plan distribute the benefit designated in Paragraph 5 of this Order at the Participant's earliest retirement age as defined by Code §414(p)(4). 8. The Alternate Payee may elect to receive the benefit described in Paragraph 5 of this Order in any form of distribution that the Plan permits, except in the form of a joint and survivor annuity with a subsequent spouse as the beneficiary. 9. The applicable fee for administering this order shall be deducted from the Participant's account. Should the designated account contain assets insufficient to pay the applicable QDRO administration fee, the remainder shall be deducted from the other account. 10. The Alternate Payee assumes sole responsibility for the tax consequences of any distribution under this Order. 11. The Plan shall permit the Alternate Payee to designate a death beneficiary for the benefit described in Paragraph 5 of this Order to the full extent permissible under the Plan. If the Alternate Payee dies before all of the benefit has been distributed, the Plan shall distribute any unpaid benefits to the Alternate Payee's designated beneficiary. If the Alternate Payee dies without having designated a beneficiary, the Plan shall distribute any unpaid assigned benefits to the Alternate Payee's estate as soon as Page 2 of 3 P administratively feasible following the date that the Plan Administrator receives adequate notice of the Alternate Payee's death. 12. Should the Participant die before the terms of this order are completely carried out, the Alternate Payee shall be treated as the surviving spouse of the Participant to the extent of the benefit described in Paragraph 5 of this order. The sole purpose of this paragraph is to ensure payment to the Alternate Payee in case of the Participant's death prior to payment of the Plan of the benefit described in Paragraph 5 of this Order. 13. The Alternate Payee shall provide the Plan with any subsequent changes in the Alternate Payee's mailing address until such time as the Plan has distributed all of the assigned benefits. The Alternate Payee and the Participant shall provide such other information and shall complete such forms as the Plan may reasonably require from one or the other to administer the Order. Savings Clause Pursuant to Code §414(p)(3) 14. This Order is not intended and shall not be construed in such a manner as to require the Plan to provide any type or form of benefit, or any option the Plan does not otherwise provide; to require the Plan to provide increased benefits; or to require the Plan to pay any benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. The Court retains jurisdiction with respect to this Order to the extent required to establish or to maintain its qualified status. BY THE COURT: Judge Date William E. Miller, Jr., Petitio Michelle E. Boyer-Miller, Respo ent Page 3 of 3 y? ,,FILED- OF ' ti, . THE pRo ?! 5iGTARY 2009 OCT za A 8: 52 tr ?JUIv? _ J.Jf'al &P ';Es in %t I tcrL