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HomeMy WebLinkAbout08-3824In the Court of Common Pleas, Cumberland County, Pennsylvania Danielle R Miller ) Term, 2 Plaintiff V. Case Number: e91? " 394;21/ e!utX Jesse A Miller Defendant Notice to Defend and Claim Rights TO: Jesse A Miller You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your child(ren). When the grounds for divorce are 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 , Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service (enter address below): Phone: AMERICANS WITH DISABILITIES ACT OF 1990 In Re the Marriage of-. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least seventy-two (72) hours prior to any hearing or business before the Court. You must attend the scheduled conference of hearing. Date: ?__ ?• Print Name (Plaintiff) ignature (Plaintiff) Mailing Address: 801B Bridge St, New Cumberland, Pennsylvania, 17070 Phone: 717-817-6266 V In the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of, Danielle R Miller Plaintiff V. Jesse A Miller Defendant Term, 2 Case Number d - 3 F' I-t an Complaint for Divorce COUNTI REQUEST FOR DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Danielle R Miller, who currently resides at 801B Bridge St, New Cumberland, Pennsylvania, 17070 2. Defendant is Jesse A Miller, who currently resides at 5441 Pond Rd, Harrisburg, Pennsylvania, 17111 3. Danielle R Miller (the Plaintiff) has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six(6) months immediatley preceding the filing of this Complaint. 4. The parties were married on June 18, 2005 in the city of Hershey, in the state of Pennsylvania. Attached hereto and marked Exhibit "A" is the certificate of marriage evidencing said marriage. 5. The Plaintiff is not currently pregnant. 6. There are no minor children born or legally adopted of the marriage. 7. Military Status: The Plaintiff is is not in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. The Defendant is not in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. There have been no prior actions for divorce or annulment between the parties. 9. There are no protective orders between the Plaintiff and Defendant. 10. The Defendant has been advised of the availability of counseling and the right to request that the Court require the parties to participate in Counseling. 11. The marriage of the parties is irretrievable broken. 12. After 90 days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after 90 days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests that a decree of divorce be entered pursuant to Section 3301(c) of the Divorce code dissolving the marriage between Plaintiff and Defendant. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PUSUANT TO SECTION 3104(A)(1) AND (3) AND 3323(B) OF THE DIVORCE CODE 13. Paragraphs 1 through 12 are incorporated herein and made part hereof by reference as though fully set forth. 14. Plaintiff and Defendant have reached an agreement on issues including, but not limited to the following; Property and Debt, Retirement Accounts, Spousal Maintenance, Health Insurance, and Tax Filings. WHEREFORE, Plaintiff respectfully requests that this Court approve and incorporate a signed Marital Settlement Agreement reached between Plaintiff and Defendant in the final divorce decree, pursuant to Sections 3104(a)(1) and (3) and 3323(b) of the Divorce Code. Furthermore, the Plaintiff has chosen to act as her own attorney in a pro se fashion, and understands that she has the legal right to representation by an attorney. She fully understands her rights and considers the terms of the parties' agreement to be fair d reasonable. 1 ? Plaintiff VERIFICATION I verify that the statements made in the Complaint for Divorce are true and correct. I understand that false statements made herein are subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Plaintiff - Date: Print Name (Plaintiff, Pro Se) Mailing Address: 801B Bridge St, New Cumberland, Pennsylvania, 17070 Phone: 717-817-6266 w R? v {'? ? f`? ?"? ?.:-- -.y i"? 1'! ? i:.. r? '',.. ., ^?'. 3..,1„t +i; ? ? ? J ; J Il y. ? J ` ' C r in the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of. Danielle R Miller ) Term, 2 V. Plaintiff Case Number: ' 3o?y Jesse A Miller Defendant Affidavit of Verification THE STATE OF: Pennsylvania COUNTY OF: Cumberland BEFORE ME, Danielle R Miller, the undersigned authority and the Plaintiff in the above referenced case, on this day personally appeared who, being by me duly sworn, upon oath says: My name is: Danielle R Miller Social Security #: 282-82-1493 Driver's License/ State ID #: 26407905 My mailing address is: 801B Bridge St, New Cumberland, Pennsylvania, 17070 Phone: 717-817-6266 The facts contained within the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information, and belief, and that I am authorized to make this affidavit. Date: ? X r<\o ?Printt Name (P intiff) Signature (Plaintiff) SWORN TO AND SUBSCRIBED BEFORE ME by the said A, on this ?AAjt , a0 a t to certify hich witness my hand and seal of office. t• &4k^ Notary Public, State of Pennsylvania Notary Seal My commission expires: COMMONWCAL.TH OF PENNSYLVANIA NOTARIAL SEAL EEast ICIA A. BENDER, Notary Public nnsoro 7wp., Cumberland County ission Expi res September 19, 2011 s- -Ti ?,. ni r In the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of. Danielle R Miller Plaintiff AND Jesse A Miller Defendant Case Number 6 35-:;?q &-- Judge: Affidavit of Non-Military Status THE STATE OF: Pennsylvania COUNTY OF: Cumberland BEFORE ME, Danielle R Miller, the undersigned authority and the Plaintiff in the above referenced case, on this day personally appeared who, being by me duly sworn, upon oath says: My name is: Danielle R Miller Social Security #: 282-82-1493 Driver's License/ State ID #: 26407905 My mailing address is: 801B Bridge St, New Cumberland, Pennsylvania, 17070 Phone: 717-817-6266 NOW COMES Danielle R Miller, who being first duly sworn deposes and says that to the best of my knowledge, Jesse A Miller, the Defendant, is mentally competent, over the age of eighteen (18) years old, and is not now, nor was at the date of the service of the Summons and Complaint for Divorce, a member of any branch of the Armed Forces of the United States Military as defined by the Soldiers and Sailors Civil Relief Act of 1940 as amended. Date Print Name (P mtiff) _ Nn n Signature (Plaintiff) SWORN TO AND SUBSCRIBED BEFORE ME by the said P) 013 _ F on this °Z1 , o00 4 to certify hick witness my hand and seal of office. U R j6thtennsylvania Notary Seal My commission expires: MMON AL.TH OF PENNSYLVANIA NOTARIAL SEAL CEast ATRICIA A. BENDER, Notary Public Pennsboro Twp., Cumberland County Commission Expires September 19, 2011 C? r.,,, ? ? ?-, _ c? ? ? ?a ?' ? ? _ ?r r ?? e--= '?r?;: _- ? ,`? ?? ? . ;a ?? ; ?, ?- _ ?.,. '`° - ? - In the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of: Danielle R Miller ) Term, 2 Plaintiff ) V. ) Case Number: 3g??C Jesse A Miller ) Defendant ) COUNSELING NOTICE (Under PA. R.C.P. Rule 1920.45(a) (1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section Indignities 3301(a) (6) Section 3301 Irretrievable Breakdown (c) Mutual Consent Section 3301 Irretrievable Breakdown (c) Two (2) Year Separation Where the Court Determines That There is a Reasonable Prospect of Reconciliation A list of qualified professionals is available for inspection in the office of the Appointments Clerk of Family Court for Cumberland County or in the office of the Chief of the Domestic Relations Branch of the Family Court of Philadelphia. Date: c3-1 ?-- Print Name (Plaintiff) Signature (Plaintiff) '? ?•, ?t._ ? - ._ .. ?1' rk? ti f r "' :' ., ('r? ?'7'r ._ -. ?? ? v ?. _.. ??„'.? _ f . ?? ? .E??1 ' " ? ?? In the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of: Danielle R Miller Plaintiff V. Jesse A Miller Defendant Term, 2 Case Number: ,2 - 390)7 &,j COUNSELING NOTICE (Under PA. R.C.P. Rule 1920.45(a) (1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section indignities 3301(a) (6) Section 3301 Irretrievable Breakdown (c) Mutual Consent Irretrievable Breakdown Section 3301 Two (2) year Separation Where the Court Determines That There is (c) a Reasonable Prospect of Reconciliation A list of qualified professionals is available for inspection in the office of the Appointments Clerk of Family Court for Cumberland County or in the office of the Chief of the Domestic Relations Branch of the Family Court of Philadelphia. Date: Sul, ,2 7 ?- 6 G?a ??SSe, ? • ?•II? Print Name (Defendant) A jo-fm n . I A . nature (Defendant) C'? rv C7 : F a7 -?-aT a J (ji In the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of: Danielle R Miller ) Case Number: O '03k??q Plaintiff V. Judge: Jesse A Miller Defendant Marital Settlement Agreement This agreement is made on AL+1" (? , 900 , between Danielle R Miller, the Plaintiff, with a socifil security number of 282-82-1493, who lives at 801B Bridge St, New Cumberland, Pennsylvania, 17070 (home phone: 717-817-6266) and the county of Cumberland and Jesse A Miller, the Defendant, with a social security number of 173-60-8869, who lives at 5441 Pond Rd, Harrisburg, Pennsylvania, 17111 (home phone: 717-303-9802) and the county of Dauphin. The Plaintiff and Defendant may from time to time throughout this agreement, individually and collectively, be referred to as "Party" or "Parties". The Plaintiff is currently employed by Pinnacle Health, which is located at, 111 S Front St, Harrisburg, Pennsylvania, 17101 with a telephone number of 717-782-3297. The Defendant is currently employed by Belron US, which is located at, 5500 Paxton St, Harrisburg, Pennsylvania, 17111 with a telephone number of 717-564-5469. 1. Recitals: The parties are making this agreement with reference to the following facts: The parties were married on June 18, 2005 in the city of Hershey, in the state of Pennsylvania, and separated on or about, June 31, 2007. As a result of serious disputes, conflict of personalities, and unique goals and differences, the parties honestly believe that the marriage is irretrievably broken and that there is no possible chance for reconciliation. For this reason each party desires to settle fully and finally all aspects and rights, by this agreement, of the marital affairs including, but not limited to; Property and Debt Distribution, The Marital Home, Retirement/Pension/Profit Sharing/40Ik Accounts, Spousal Maintenance, and Income Tax Returns. There are no children born or legally adopted of the marriage under the age of eighteen (18). The parties each now intend by this agreement to settle fully and finally all of their respective rights and obligations arising out of or related to the marriage that otherwise could be adjudicated in the above captioned case number. There is no other pending action filed by either party regarding the dissolution of the marriage. The date of execution of this agreement is the day on which the agreement is signed by both parties. Any transfer of property, funds, debts and/or documents pursuant to the agreement shall be made on the date of the execution of this agreement, if not already done so, unless otherwise specified in this agreement. The parties both agree to lead separate lives, and, except for the duties and obligations imposed and assumed under this agreement, each shall be free from interference and control of the other as fully as if he or she were single. The parties each agree not to molest, interfere with, or harass the other. 2. Property and Debt Distribution: As of December 1, 2007, the parties have each possessed his and her marital and non-marital property and have been responsible for the marital and non-marital (separate) debt that will be described below. The parties agree that the following marital property shall be the sole and separate property of Jesse A Miller, the Defendant, and Danielle R Miller, the Plaintiff transfers and quitclaims any interest that she may have in this marital property to the Defendant: House The parties agree that the following marital property shall be the sole and separate property of Danielle R Miller, the Plaintiff, and Jesse A Miller, the Defendant transfers and quitclaims any interest that he may have in this marital property to the Plaintiff None The parties agree that Jesse A Miller, the Defendant, shall pay and indemnify and hold Danielle R Miller, the Plaintiff, harmless from the following marital debts: Mortgage of 60,000.00 The parties agree that Danielle R Miller, the Plaintiff, shall pay and indemnify and hold Jesse A Miller, the Defendant, harmless from the following marital debts: None The parties agree that the following non-marital (separate) property shall be the sole and separate property of Jesse A Miller, the Defendant, and Danielle R Miller, the Plaintiff transfers and quitclaims any interest that she may have in this non-marital (separate) property to the Defendant: None The parties agree that the following non-marital (separate) property shall be the sole and separate property of Danielle R Miller, the Plaintiff, and Jesse A Miller, the Defendant transfers and quitclaims any interest that he may have in this non-marital (separate) property to the Plaintiff None The parties agree that Jesse A Miller, the Defendant, shall pay and indemnify and hold Danielle R Miller, the Plaintiff, harmless from the following non-marital (separate) debts: None The parties agree that Danielle R Miller, the Plaintiff, shall pay and indemnify and hold Jesse A Miller, the Defendant, harmless from the following non-marital (separate) debts: None The parties both hereby represent and warrant that as of the date of this agreement, they do not possess any property or interests in property other than the items listed in this agreement; and that the items set forth and listed in the agreement constitute full and complete disclosure. In addition to the items listed in this agreement, if any undisclosed property or interests in property is discovered subsequently, and a court of competent jurisdiction determines it to be marital or community property of the parties, such discovery and determination shall not invalidate this agreement but, the property or the interest in it shall at the election of the discovering party (i) be divided equally or equitably in kind or (ii) be accounted for by the party in possession who may pay to the discovering party a sum of money to offset an equal or equitable portion. The parties both hereby represent and warrant that except for the debts and obligations set forth and listed above, each has not incurred any other outstanding debt or obligation on which the other may become liable, nor has either party incurred any obligation that could henceforth be enforced against any asset held or received pursuant to this agreement. In the event that any outstanding debt or obligation of any kind has been incurred by either party, other than those listed above (and is hereafter asserted against the other), the party actually incurring the debt or obligation shall assume and be solely responsible for paying it and shall hold the other party harmless from all claims with respect to the debts, obligations, and expenses with respect to those debts. In the event that the other party becomes a debtor in any bankruptcy or financial reorganization proceeding of any kind while this agreement is in effect, that debtor party waives any and all rights to any property held by the other party which is in fulfillment of this agreement. The debtor party will also convey to the other party that the bankruptcy or financial reorganization proceeding is going to take place. The parties acknowledge and agree that the credit history established by them during their marriage shall be deemed to have the credit history of both parties, not withstanding ordinary practices of creditors and credit reporting agencies that may have reported such credit history in the name of one party. Both parties agree to cooperate and execute any documents as may be required to enable each other to provide to prospective creditors the full credit history of the parties that was established during the marriage. The parties each represent to the other that from the date of this agreement each party shall not charge or incur or cause to be incurred any liability or obligations based on the credit or name of the other. Each of the parties shall do whatever is necessary to close immediately all joint accounts. The parties each forever waive any right to inherit from the other and the right to receive any property on the death of the other, except as a beneficiary of any life insurance policy, by reason of a will, codicil, or republication of will by the other party executed subsequent to the date of this agreement. The parties each waives all right to act as administrator of the other party's estate and all right to request or petition for the appointment of any person to serve as such representative or to act as the executor of the other's will, unless expressly named in a will, codicil, or republication of will by the other party executed subsequent to the date of this agreement. 3. Marital Home: There is a marital home of this marriage located at: 5441 Pond Rd, Harrisburg, Pennsylvania 17111, with a legal description of: It is a townhouse located across from Central Dauphin school facing the street. The parties have agreed that this real estate will not be sold and the Defendant will remain as the sole owner. The Plaintiff recognizes that by acknowledging sole ownership to the Defendant, all rights to any current and future equity invested or to be invested in the real estate is being forfeited. This title shall be free of liens and encumbrances, except for the existing mortgage, which Defendant assumes. Defendant agrees to indemnify and hold harmless the Plaintiff for any mortgage payments, taxes, liability and expense incurred in connection with this real estate. Plaintiff waives any and all rights or claims to any insurance policies held in connection with said real estate, or the proceeds from any such insurance policies. 4. Retirement Accounts/Pensions/401ks/Profit Sharing Plans: The parties each waive all claims, present and future to the other's pension benefits, retirement funds, 401 k's, profit sharing plans and accounts of the like. 5. Spousal Maintenance: After careful consideration of the circumstances and all the other terms of this agreement, the parties agree to waive any rights or claims that he or she may have now or in the future to receive ant rehabilitative or permanent spousal maintenance from the other party. The parties both agree each will be responsible for his and her own health and medical insurance coverage. 6. Income Tax Returns: The parties agree that they will file joint federal, state and local tax returns for the calendar year in which this agreement is made into effect. The parties both agree that they will cooperate in the filing of any necessary tax returns and if any tax refunds are due on jointly filed returns they shall be divided equally. For each calendar year after the year this agreement is made into effect, each party shall file separate federal, state and local income tax returns, in which each shall include and report all of his or her separate income and shall pay all income taxes due. The parties each agree to notify the other promptly in the event the IRS or any state or local taxing authority provides notice of an audit, deficiency, refund, or the adjustment regarding a tax return that was jointly filed or that should have been jointly filed. The party receiving such notice from a taxing authority shall provide a copy of the notice to the other party within 20 days of receiving it. The parties further agree to cooperate fully with the other in any claims for refunds or in defending against any deficiencies that may be determined with respect to joint income tax returns filed (or to be filed). This includes, without limitation, the making, executing, and filing of amended income tax returns; applications for refunds, protests, and other instruments; and documents as may be required. The costs and expenses for such will be divided equally between the parties. 7. Professional Fees and Costs: The parties have not acquired any professional service fees which they desire to be recognized, mentioned, or distributed by this agreement. 8. Advice of Counsel: The parties each acknowledge that they have the legal right to representation by separate attorneys. The parties each fully understand his and her rights and the contents of this agreement. The parties each consider the terms of this agreement to be fair and reasonable and each party accepts sole responsibility for any decisions, and potential repercussions of those decisions, which are presented as part of this agreement. 9. Mutual Releases: Each party hereby releases the other from any claim of action that either may have against the other for any reason occurring prior to this agreement, whether that claim is founded in contract, tort, or any other basis. 10. Governing Law: The parties agree that this document is intended to be a full and an entire settlement and agreement between them regarding the marital rights and obligations and that this agreement, and all contents within and attached, shall be interpreted and governed by the. laws of the State of Pennsylvania. 11. Entire Agreement: This agreement constitutes the entire and full agreement between the parties. If any clause is held unenforceable or found to be in any way non-executable, or if a court alters or holds unenforceable any clause in this agreement, this shall in no way affect or alter the other clauses in the agreement, which shall remain in full force. No amendment or modification to this agreement or any judgment, decree or order based on it shall be valid unless signed and agreed to by both parties or ordered by the court after a duly noticed hearing. 12. Further Assurances: The parties shall execute and deliver promptly on request any additional papers, documents, and other assurances reasonably necessary in connection with the performance of the obligations set forth in this agreement. In the event that either party fails or refuses to comply with the provisions of this agreement, the failing party shall reimburse the other party for all loses and expenses including, but not limited to, attorney's fees and all costs incurred as a result of such failure. 13. Captions and Interpretations: Paragraph captions have been used throughout this agreement for convenience and reference only and are not intended to be used in the construction or interpretation of this agreement or any of its provisions. No provision of this agreement is to be interpreted for or against any party by virtue of the fact that the provision was drafted by that party or that party's counsel. 14. Submission to Court for Incorporation: This agreement has been drafted and executed with the intention that it be submitted by either party to any court before which a Complaint for Divorce may be pending or initially filed for approval by the court and for incorporation into a Decree of Divorce pursuant to Sections 4104(a)(1) and (3) and 3323(b) of the Divorce Code. 15. Verification/Disclosure: The parties both have reviewed this agreement cooperatively and each party has fully and honestly disclosed to the other the extent of his or her assets, income, and financial situation, and therefore enter into this agreement reliance thereupon. Attached to this agreement is a completed Domestic Relations Income and Expense Statement for each party to further present to each other and the court his and her current income, expenses, property and debts. 16. Successions: The parties each acknowledge that this agreement, and each provision of it, is expressly made binding upon the heirs, assigns, executors, administrators, representatives and successors in the interest of each party. Signed and dated on q ?0o R +in Name (De dant) tY) ature (Defendan ?/1 Print Nam (Plaintiff) 1 Signature (Plaintiff) 44,c L. Vvafb Witness #1 Name ,,- KQ? ?• "YVQ,?i? Witness #1 Signature ?f?57?%1 /L Z,,Z v/i Witness #2 Name Witness #2 Signature State of tnAs (wr- County of OWWJ?rtWPL SWORN TO AND SUBSCRIBED BEFORE ME by the said On JNN?I A , 20 0 q , before me, the undersigned, a Notary Public in and for said State, personally appeared Jesse A Miller, the Defendant, known to me (or proved on the basis of satisfactory evidence) to be the person whose name is subscribed to within the instrument and acknowledged that he executed the same. W' ess my hand and official seal. A? 4 &'? Notary Public Notary Seal COMMONWEALTHOFPE"" VANIA nn ? "'.ARIAL SEi My commission expires: PATRIC ENDER, l East Penns jro Twp., Cum 'V YA)? ?- s 7:2ims Ser State of eti nS "VI County of J SWORN TO AND SUBSCRIBED BEFORE ME by the said On a , 2091 , before me, the undersigned, a Notary Public in and for said State, p rsonally ppeared Danielle R Miller, the Plaintiff, known to me (or proved on the basis of satisfactory evidence) to be the person whose name is subscribed to within the instrument and acknowledged that she executed the same. tress my hand and official seal. Q? Notary Public Notary Seal My commission expires: 4114, COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL PATRICIA A. BENDER, Notary Public East Pennsboro Twp., Cumberland County My Commission Expires September 19, 20i 1 U On ? `jar In The Court Of Common Pleas of Cumberland County, Pennsylvania Danielle R Miller (Plaintiff) Term,2 vs. Jesse A Miller (Defendant) Case Number: AXX?) -CeW4 Affidavit of Service hereby depose and say that on this date, I personally NAME served the above-captioned Defendant with a Complaint in Divorce and Notice to Defend and Claim Rights with Notice of Availability of Counseling, by personally handing the same to him/her. 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. S a7,? Dated: Signature: C C In The Court Of Common Pleas of Cumberland County, Pennsylvania Danielle R Miller (Plaintiff) vs. Term,2 Jesse A Miller Case Number: AnQf*j `tY L( (Defendant) Acceptance of Service I ?- 5S L VI _ , Defendant in the above-captioned action depose and say NAME that on this date I hereby accept service of the Complaint in Divorce and Notice to Defend and Claim Rights with Notice of Availability of Counseling. 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. Dated: JU/ a Signatu ? ? ?. 'v? rf , ? c:. V? ( r y??, J In the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of: Danielle R Miller ) Case Number:=06gq Plaintiff V. Judge: Jesse A Miller Defendant AFFIDAVIT OF CONSENT (Plaintiff) THE STATE OF: Pennsylvania COUNTY OF: Cumberland 1. A Complaint for Divorce under Section 3301 (c) of the Divorce Code was filed on <?4"1 , SOS 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint for Divorce. 3. I consent to the entry of the final Decree of Divorce after service of intention to request entry of the Decree of Divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements here-in are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. Date: r-u- Print Name (Plaintiff) ?'?`???\]?np Q r Signature (Plaintiff) ?J i. f ^ rNa }" In the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of: Danielle R Miller ) Term, 2 Plaintiff V. Case Number o4LrB-n?'?} Jesse A Miller Defendant AFFIDAVIT OF CONSENT (Defendant) THE STATE OF: Pennsylvania COUNTY OF: Dauphin 1. A Complaint for Divorce under Section 3301 (c) of the Divorce Code was filed on 'Ton L 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint for Divorce. 3. I consent to the entry of the final Decree of Divorce after service of intention to request entry of the Decree of Divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements here-in are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unworn falsification to authorities. Date: Jo-AU (W'ti 19, , "Loog ?-? s.Se- I? cr- 'nt Name ( efend ) ignature (Defendant) ^a .71 C-0 ,- r o In the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of: Danielle R Miller ) Term, 2 Plaintiff V. Case Number: ADD8 W Jesse A Miller Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE. (Plaintiff) THE STATE OF: Pennsylvania COUNTY OF: Cumberland 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, distribution of debts, lawyer's fees, or expenses if I do not claim them before a Decree of Divorce is granted by the Court. 3.1 understand that I will not be divorced until a Decree of Divorce is entered by the Court and that a copy of the Decree of Divorce 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 here-in are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unworn falsification to authorities. Date: 1 af\ n , amck 7"', N" -?Z arc Print Name (Plaintiff) ` Signature (Plaintiff) ?7 ? ,? ?T ?':> ' _ ,"'? n r ?y ?r ?? ? ?? ? }""',v ? _. r, ??t In the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of. Danielle R Miller ) Term, 2 Plaintiff V. Jesse A Miller Defendant Case Number WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE. (Defendant) THE STATE OF: Pennsylvania COUNTY OF: Dauphin 1. I consent to the entry of a final Decree of Divorce without notice. 2.1 understand that I may lose rights concerning alimony, division of property, distribution of debts, lawyer's fees, or expenses if I do not claim them before a Decree of Divorce is granted by the Court. 3. I understand that I will not be divorced until a Decree of Divorce is entered by the Court and that a copy of the Decree of Divorce 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 here-in are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. Date: JoJ1U04-1i )q ---6e- -? 'A; il rmt Name ( efendant * A -- Signature (Defendant) ?s "? ?..+.? .. ? ` r iJ ?; V 4 W . .' f...?.,, ss ..+ta?. ,? p'== ? .' a . L?.Y "?+. In the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of: Danielle R Miller ) Term, 2 Plaintiff r ) V. Case Number: do?6=0-694 Jesse A Miller ) Defendant ) COUNSELING NOTICE (Under PA. R.C.P. Rule 1920.45(a) (1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section Indignities 3301(a) (6) Section 3301 Irretrievable Breakdown (c) Mutual Consent Section 3301 Irretrievable Breakdown (c) Two (2) Year Separation Where the Court Determines That There is a Reasonable Prospect of Reconciliation A list of qualified professionals is available for inspection in the office of the Appointments Clerk of Family Court for Cumberland County or in the office of the Chief of the Domestic Relations Branch of the Family Court o.f Philadelphia. Date: J &-AU 2?` 1 /pr*ntName(Ue ndant) ature (Defendant) ZZ In the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of: Danielle R Miller Plaintiff Term, 2 Case Number: ] s COUNSELING NOTICE (Under PA. R.C.P. Rule 1920.45(a) (1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section Indignities 3301(a) (6) Section 3301 Irretrievable Breakdown (c) Mutual Consent Section 3301 Irretrievable Breakdown (c} Two (2) Year Separation'Where the Court Determines That There is a ReasonabieProsp`ect of Reconciliation A list of qualified professionals is available for inspection in the office of the Appointments Clerk of Family Court for Cumberland County or in the office of the Chief of the Domestic Relations Branch of the Family Court of Philadelphia. Date: 7 t' Print Name (Plaintiff) Signature (Plaintiff) iii ?l< ? ?? ? ? ': ?? E?? '. t'_t .?_ } ? ? ? y Wlaa/ ?... . A `-I In the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of: Danielle R Miller ) Term, 2 Plaintiff V. Case Number: `T Jesse A Miller Defendant Acknowledgement (Plaintiff) THE STATE OF: Pennsylvania COUNTY OF: Cumberland On this day of 2ry-?before me, a Notary Public, the undersigned officer, personally appeared Danielle R Miller, known to me to be the person whose name is subscribed to this written instrument, and acknowledge that (s)he executed the same for the purposes therein contained. AComplaint for Divorce under Section 301 (c) of the Divorce Code was filed on Juic, 011 , I, the Plaintiff, agree that the marriage of the Plaintiff and the Defendant is irretrievably broken and nintey (90) days have elapsed from the date of the filing of the Complaint for Divorce. All information contained within the attached documentation is true and correct to the best of my knowledge, information and belief. It is my desire to file with the Cumberland County Court of Common Pleas the attached Marital Settlement Agreement and to be bound fully and completely by the terms and conditions as set forth within said Marital Settlement Agreement documentation. Date: JcaC1 1? Print Name (Plaintiff) Signature (Plaintiff) SWORN T ANDS SCRIBED BEFORE ME by the saAit 0 ?:' A K on this ? P'1 to cerKy which witness y hand and seal of office. vja? 9 4?k Notary Public, State of Pennsylvania Notary Seal MMONWEALTH OF PENNSYLVANIA My commission expires: NOTARIAL SEAL PATRICIA .ENDER, Notary Public East Pennsboro Twp., Cumberland County My Commission Expires September 19, 2011 :? ?? ° m „ c? k- ?=??? . rr ? t _. :_.. ,?.,, _ _: ?? .. 0% In the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of: Danielle R Miller ) Term, 2 Plaintiff ) V. ) Case Number: ATA 'Ong:304 Jesse A Miller Defendant Acknowledgement (Defendant) THE STATE OF: Pennsylvania COUNTY OF: Dauphin On this r? day of ?0./kJ1yl1- , 2 OG q , before me, a Notary Public, the undersigned officer, personally appeared Jesse A Miller, known to me to be the person whose name is subscribed to this written instrument, and acknowledge that (s)he executed the same for the purposes therein contained. A Complaint for Divorce under Section 301 (c) of the Divorce Code was filed on :5-o (1 e 7.7 , 2 00 I , the Defendant, agree that the marriage of the Plaintiff and the Defendant is irretrievably broken and nintey (90) days have elapsed from the date of the filing of the Complaint for Divorce. All information contained within the attached documentation is true and correct to the best of my knowledge, information and belief. It is my desire to file with the Cumberland County Court of Common Pleas the attached Marital Settlement Agreement and to be bound fully and completely by the terms and conditions as set forth within said Marital Settlement Agreement documentation. Date: :5anU r-IC-")-60q_. X<SQ- -?t A- t6? Print Name (Defendant) s I 'j",- M 1 ?? Sig ature (Defendant) .J . % SWO)?T AND UBSCRIBED.BEFORE;MF by. the said c bu+.:nci [U[i on this Iq UA°A to cefYy which witness my hand and seal of office. U _a Notary Public, State of Pennsylvania Notary Seal cote ON *w or PENNSYLVANIA NOTARIAL. SEAT. My commission expires: PATRICIA A. BENDER, Notary Public East enns oro wp., Cumberland County My Commission Expires September 19, 2011 €?' `" ?- ` `, ? .?= '° - ?.- % ?a ?;' !^: • _. ?? ? mo [ t _' .?' i - lk In the Court of Common Pleas, Cumberland County, Pennsylvania In Re the Marriage of: Danielle R Miller Term, 2 Plaintiff V. Case Number: Jesse A Miller Defendant Praecipe to Transmit Record Kindly Transmit the Record, together with the following information, the Court for entry of a Decree of Divorce: 1. Ground for Divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and Manner of Service of the Complaint for Divorce: 7Jm.-_A2, 2_CX)6 , by personal or O certified mail. 3. Date of execution of the Affidavit /Consent Waiver required by Section 3301 (c) of the Divorce Code: By Plaintiff: 2009 . By Defendant: j rn kq -'2 Cock 4. Complete the appropriate paragraphs: (a) Related claims pending... None (b) Claims withdrawn... None (c) Claims settled by agreement of the parties... None (d) State whether any written agreement is to be incorporated into the Divorce Decree. If yes, attach a true and correct copy of the fully executed agreement to the proposed Decree that is submitted herewith: The parties have both signed a Marital Settlement Agreement resolving all of their issues and wish to heave it incorporated into the Final Decree. 5. I certify that the Notice of Intent to File Praecipe to Transmit as required by Rule 1920.42(c) or (d) was mailed on ?, _ 115 , 2 Oo , and a copy thereof is attached. I further certify that all other documents required by Rule 1920.42(e) are enclosed herewith. J? Date: Arlr\ ignature (Plaintiff) Mailing Address: 801B Bridge St, New Cumberland, Pennsylvania, 17070 Phone: 717-817-6266 ° ? C ca "- ? ? ? ?._ ?. n? ?.-- T °+ ?i. 1 - ? ? ? t ? t? ? ? W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Danielle R Miller V. Jesse A Miller NO. r3 -- dac? DIVORCE DECREE AND NOW, Ssr»? . Z. it is ordered and decreed that Danielle R Miller plaintiff, and Jesse 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 w By the Court, ,.wet la?? IAA ' ? • Ci