HomeMy WebLinkAbout08-3640DARBY D. MILLER
Plaintiff,
V.
TRACY A. MILLER
Defendant,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. L)$ - 3(oy0 Wt i T?era+
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 claim of 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 grounds 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 the Cumberland County Courthouse, One 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 the parties.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE THE 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 Lawyer Referral Service
2 East Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or (800) 990-9108
BEINHAUR & CURCILLO
By: Vd,?44&XAr'
hn R. Bei our
DATED: (o 6 ' Q F Attorney for Plaintiff
DARBY D. MILLER : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. NO.
TRACY A. MILLER CIVIL ACTION - LAW
Defendant, IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN NAMED DEFENDANT:
You have been named as the Defendant in a divorce proceeding filed in the Court of
Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance
with Section 3302(d) of the Divorce Code, as amended, you may request that the Court require you
and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the
Court. A list of professional marriage counselors is available at the Office of the Prothonotary,
Cumbnerland County Courthouse, One 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 services are to be borne by you
and your spouse.
If you desire to pursue counseling, you must make your request for counseling within twenty
(20) days of the date on which you receive this Notice. Failure to do so will constitute a waiver of
your right to request counseling.
DARBY D. MILLER : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. NO. D P3 4 Yo Ctc ;J
TRACY A. MILLER CIVIL ACTION - LAW
Defendant, IN DIVORCE
COMPLAINT
Divorce 3301(c) or 3301(d)
1. Plaintiff Darby D. Miller is an adult individual residing at 5215 Simpson Ferry Road,
Mechanicsburg, Cumberland County, Pennsylvania, 17050.
2. Defendant Tracy A. Miller is an adult individual residing at 223 Wood Street, Camp Hill,
Cumberland County, Pennsylvania, 17011.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania and have resided herein for a period in excess of six (6) months immediately previous
to the filing of this Complaint.
4. Plaintiff and Defendant were married on January 12, 2002 in Las Vegas, Nevada.
5. Plaintiff avers that the ground upon which this action is based is that the marriage is
irretrievably broken.
6. There has been no prior action of divorce between the parties in this or any other
jurisdiction.
7. The Defendant is not a member of the Armed Services of the United States of America.
8. 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.
9. There are no children born of this marriage.
WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce.
Respectfully submitted,
BEINHAUR & CURCILLO
By:
John . Beinhaur
Supreme Court I.D. #55631
3964 Lexington Street
Harrisburg, PA 17109
(717) 651-9100
Attorney for Plaintiff
DATED: {t7'f 6 " Q
2
VERIFICATION
I have read the foregoing Document and hereby affirm and verify that it is true and correct to
the best of my personal knowledge, information and belief. I verify that all of the statements made in
the foregoing are true and correct and that false statements made therein may subject me to the
penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
Darby D. Miller
DATE: ( " fb - e f
CERTIFICATE OF SERVICE
AND NOW, this 16 day of 2008, I hereby certify that I have served
the foregoing Complaint in Divorce by mailing a true and correct copy by United States first class
certified mail, return receipt requested, postage prepaid, addressed as follows:
Tracy A. Miller
223 Wood Street
Camp Hill, PA 17011
Respectfully submitted,
BEINHAUR & CURCILLO
By:
John R. Beinhaur
Supreme Court I.D. #55631
3964 Lexington Street
Harrisburg, PA 17109
(717) 651-9100
Attorney for Plaintiff
DATED: wl 6 to
3
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DARBY D. MILLER
Plaintiff,
V.
TRACY A. MILLER
Defendant,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3640 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was signed
June 16, 2008, and filed via U. S. Mail on the same date and is time stamped June 18, 2008.
A time-stamped copy was provided to then-opposing counsel.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from 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 decree.
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.
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Date: g b g
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DARBY D. MILLER
Plaintiff,
V.
TRACY A. MILLER
Defendant,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3640 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(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.
Date:
Darby D. Miller
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DARBY D. MILLER
Plaintiff,
V.
TRACY A. MILLER
Defendant,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3640 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was signed
June 16, 2008, and filed via U. S. Mail on the same date and is time stamped June 18, 2008.
A time-stamped copy was provided to then-opposing counsel.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from 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 decree.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to
unworn falsification to authorities.
Date:
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DARBY D. MILLER
Plaintiff,
V.
TRACY A. MILLER
Defendant,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3640 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(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 unworn
falsification to authorities.
Date:
-1
ter ... nt q„ 3
DARBY D. MILLER
Plaintiff,
V.
TRACY A. MILLER
Defendant,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3640 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
And Now, this 5 day of J)",e 2008, comes John R. Beinhaur, Esquire, of Beinhaur
& Curcillo, attorney for Plaintiff, who being duly sworn according to law, deposes and says that:
1. A Complaint for Divorce was filed to the above term and number on June 18, 2008.
2. On June 27, 2008, a certified copy of the Complaint in Divorce was sent to the
Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P.
1920.4.
3. On June 27, 2008, a certified copy of the Complaint was sent to the Defendant via
certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4.
4. On or about June 29, 2008, undersigned counsel for Plaintiff received the return
receipt card signed by the Defendant on June 28, 2008. Said receipt is attached hereto as Exhibit
"A" and is incorporated herein by reference.
1
Respectfully submitted,
BEINHAUR & CURCILLO
By: 91),
JIreme `R. Beinha
S Court I.D. #55631
3964 Lexington Street
Harrisburg, PA 17109
(717) 651-9100
Attorney for Plaintiff
DATED: 1 L 1 10 t
l?K?lr 131T "
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
¦, Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
223
?-D/ I
A.
B. Received by (
•us: Z • 1 ! CI L
Is del address different from item 1? 0 Y
If YES, enter delivery address below: 29#10
Mail express Mail
0 Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
Agent
AfAddressee
.
FY, A - 4A4
N _) C. Date of Deliyery
2. Article Number
(riansfer from serv?ce 7006 0100 0004 5236 1997
Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
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DARBY D. MILLER
Plaintiff,
V.
TRACY A. MILLER
Defendant,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3640 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly 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) of the Pennsylvania
Divorce Code.
2. Date and manner of service of Complaint: Service on June 28, 2008, by United States
certified mail.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce
Code: by Plaintiff on November 9, 2008; by Defendant on November 9, 2008.
4. Related claims pending: None.
5. Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: contemporaneously with this Praecipe.
Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: contemporaneously with this Praecipe.
Respectfully submitted,
BEINHAUR & CURCILLO
By:
J R. Beinhaur, Esquire
upreme Ct. ID# 55631
3964 Lexington Street
Harrisburg, PA 17109
(717) 651-9100
Attorney for Plaintiff
Date: ?S ?D
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Darby D. Miller
V.
Tracy A. Miller
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3640 Civil Term
DIVORCE DECREE
AND NOW, DC-C.&,4.4., iG ?8 , it is ordered and decreed that
Darby D. Miller plaintiff, and
Tracy A. 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 Court,
Atte : f J.
?cthonotary
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