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HomeMy WebLinkAbout04-1554 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA TERRI A. MILLER, v. : NO. () 4- I5'S~ ~ MICHAEL L. MILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree 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 divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, PA 17013 Telephone: (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0 4 - I S ~ 'f TERRI A MILLER, v. MICHAEL L. MILLER, Defendant CIVIL ACTION - LA W IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Terri A. Miller, an adult individual currently residing at 22 North Enola Drive, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant is Michael L. Miller, an adult individual residing at 124 College Hill Road, Enola, Cumberland County, Pennsylvania. 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 20, 1984, in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant separated on or about June 26, 2002. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage ofthe parties is irretrievably broken, The parties separated on or about June 26, 2002. 9. Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 10. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. Date: ~ /g 10+ Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD Mark T. llliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 LD, No. 33671 Attorney for Terri A, Miller AFFIDAVIT I, 1ia.c.1 ~. fY\ I L-1.tJl--., hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated; 3 J~ 1O'f. X~'AI'r)C~ (~~ -. ~ -s\ --.., ~ ~ .('" -J r I ~ I -.r>1 () '(-v ~ cY --- c/' SJJ U'-\ '-^ '--^ <:"-' c- ( "> '"".~ , > \~-:) -. --11 .- - - -" :-:;) .,....>' r ,C1 (T~ " .-\ 1''' ',- J , . (.) " , C . - TERRI A. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04 1554 CIVIL MICHAEL L. MILLER, Defendant CIVIL ACTION - LA W IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 12, 2004. 2. The marriage of the 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 in Divorce after service of notice of intention to request entry of the 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 falsifications to authorities. qf5P~ - ~~ rri A. Miller Date: o S "'.- r---;) c:> e::':) <;;r- g o .1 ~,~ :Il .' r:;: ~.~~ ',; ::it: r:-? r _! TERRI A. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04 1554 CIVIL MICHAEL L. MILLER, Defendant 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 in 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. Section 4904 relating to unsworn falsification to authorities. Date: q IS IO~ ~'Afrk- {~i A. Miller f""oJ c:? C:~ a..... C? (~) .--l \ ~- r:? ~ -J TERRI A. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PENNSYLVANIA v. : No. 04 1554 CNIL MICHAEL L. MILLER, Defendant : CNIL ACTION - LAW : IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 12, 2004. 2. The marriage of the 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 in Divorce after service of notice of intention to request entry of the 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 falsifications to authorities. Date: 9.)\.o~ ~h ILM'II~. IC ae . I er o s:; fr r--' ~ ( .~."., c:r'"' ~~~ o ::" I .:;- .~..... rv ., ).?: .r:- ~ -~ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA TERRI A. MILLER, v. : No. 04 1554 CIVIL MICHAEL L. MILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3361 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Date: 9./f06 r-' (::;:.) ,~I c::? -1'1 r::;ro o eJ, "-""""1 ..-~,;, ~ .,-<. ~:- r'<; .s::- --J MARRIAGE SETTLEMENT AGREEMENT By and between TERRI A. MILLER -AND- MICHAEL L. MILLER Dated: 75. - 3 / , 2006 . , INDEX PAGE 1. Divorce and Separation................................................................ 4 2. Division of Property............... ........... .............. ........ ..................... 4 3. Ch lId Custody.................................................... .......................... 6 4. Child Support .................. ... ..... ... ..... .... ..... ... ........ ..... .... ...... .... ...... 7 5. Income Tax Prior Returns.............................................. ............. 7 6. Execution of Additional Documents .......... ................."...... "..... 7 7. Transfers Subject to Liens ........................................................... 8 8. Complete Listing of Property...................................................... 8 9. Equitable Distribution of Property.............................................. 8 10. Relinquishment of Ownership ..................................................... 9 11. After-Acquired Property.............................................................. 9 12. Debts.... ...... ............ ..... ........... ........ ......... ........ ........ ...................... 9 13. Bankruptcy.. ......... ....... ..... ........... ......... ........ ........ ........................ 10 14. Health Insurance........................................................................... 10 15. Life Insurance............................................................................... 11 16. AliJ110ny ........................................................................................ 11 17. Full Disclosure ....................................,........................................ 11 18 . Releases. .... ... ... ... ..... ... .. ... ... ..... ... ... .. .... ..... .. . .... ... . .... . .. . ... .. . ... . ...... . 12 19. Indemnification ............................................................................ 12 20. General Provisions ....................................................................... 13 21. Fair and Equitable Contents......................................................... 13 22. Breach......... ...... ........................... ................ ........ ......................... 14 23. Independent Separate Covenants................................................. 14 24. Void Clauses ................................................................................ 14 25, Exectlt ion of Documents.......................................................... ... 14 26. Applicable Law............................................................................ 14 27. Non-Merger.................................................................................. 15 28. Disclosure and Waiver of Procedural Rights .............................. 15 29. Tax Advice ............................. ...................................................... 16 30. Representation of Parties ............................................................. 17 Signature Page.............................................................................. 1 7 Acknowledgement Page............................................................... 17 2 . , MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this ,,3' day of ,4tJ:;ufr , 2006, by and between Terri A. Miller -AND- Michael L. Miller, at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife, having been married on August 20, 1984, at Dauphin County, Pennsylvania. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. The parties separated on June 26, 2002. NOW, THEREFORE, in consideration of the aforegoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the 3 parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. It is agreed between the parties that Husband's Teamster's Pension, which currently has an approximate net value of $65,500, shall be divided such that Wife shall receive one-half of said pension. This shall be achieved by a Qualified Domestic Relations Order, and the costs of the preparation of said QDRO shall be divided equally between the parties. The QDRO shall be prepared 4 by Wife's attorney, and Husband shall sign any and all documents necessary to effectuate the division of the Teamster's Pension. 2. Husband shall become the sole and exclusive owner of any vehicle which is currently in his possession. Husband shall be responsible for any and all loans on said vehicle. He further promises to indemnify Wife and hold her harmless for any losses, which she may suffer as a result of Husband's failure to make said loan payments. B. The following shall become the sole and exclusive property of Wife: 1. It is acknowledged between the parties that Wife does not currently have any sort of pension plan or any sort of pension benefits available to her through either past or present employment. 2. Husband and Wife are joint owners of real estate located at 22 North Enola Drive, Enola, Cumberland County, Pennsylvania. It is agreed between the parties that Wife shall retain said marital residence. It is further agreed that the present outstanding amount on the mortgage for the property is approximately $47,000. It is agreed between the parties that this is more or less the value of the home. Therefore, Husband shall convey his interest in the home unto Wife without any sort of compensation due unto him, except that Wife specifically and otherwise knowingly agrees to be responsible for the mortgage on said property. Wife shall be 5 responsible for the monthly payments as well as any other debts associated with the house, and in the event she should fail to make any of the necessary payments, she shall indemnify Husband for any losses which he may suffer as a result of her failure to make any necessary payments. Finally, it is also understood that Wife shall refinance the mortgage on the marital residence within five years of the date of this Agreement. Husband shall execute any and all documents, including a deed, within 10 days of the date of this Agreement in order to transfer ownership of said marital residence unto Wife. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Child Custody. The parties hereby acknowledge that they are the natural parents of three minor children, namely, Daniel Miller, born July 12, 1988, Samuel Miller, born April 8, 1992, and Lucas Miller, born July 13, 1994. It is agreed between the parties that they shall have shared legal custody of the subject minor children, Wife shall have primary physical custody of the subject minor children, and Husband shall be entitled to reasonable, liberal, and otherwise frequent periods of partial 6 custody with the exact details to be agreed upon between the parties. Furthermore, it is specifically agreed between the parties that in the event Husband wishes to pick the children up from school, or if he wishes an overnight with them, then he must give Wife twenty-four (24) hours notice. 4. Child support. The parties agree that Husband shall pay child support unto Wife in an amount to be determined by the appropriate Domestic Relations office. It is further understood that the child support may be modifiable based upon either the agreement of the parties, or if agreement is not possible, each of the parties reserves the right to file a complaint with the appropriate Domestic Relations office, should they desire to do so. 5. Income Tax Prior Returns. 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 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. 6. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following the filing and service of the Divorce Complaint. The parties agree to execute any deeds, 7 assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 7. Transfers Subiect to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 8. Complete Listine: of Property. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 9. Equitable Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 8 10. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 11. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 12. Debts. A. Husband and Wife agree to be responsible for the joint debts of the parties as follows: Wife covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Husband for any of the debt set forth herein above, Wife will at her sole expense, defend Husband against any such claim or demand, whether or not well-founded, and that she will indemnify and hold harmless Husband in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband. B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and 9 except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 13. Bankruptcv or Reorganization Proceedings. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 14. Health Insurance. The parties mutually agree that Wife shall maintain Husband on her health insurance through her employment until a Divorce Decree is issued by a Court of Law. Thereafter, Husband shall be responsible for his own 10 . , health insurance benefits. It is further understood that Wife shall provide health insurance for the parties' minor children through her position of employment, as long as said health insurance benefits are available. However, it is understood that Wife will be able to seek assistance with any such payments for health insurance or medical costs for the children, pursuant to the terms and conditions of the Child Support Order through the Cumberland County Domestic Relations office. The parties shall divide the cost of any uninsured medical bills in an amount proportionate to their annual income. 15. Life Insurance. It is agreed between the parties that each of them shall maintain life insurance policies totaling at least $150,000 in death benefits with the benefits payable to their children as beneficiaries, in equal shares. Each of the parties shall have the right to request verification of the life insurance policy on an annual basis. 16. Alimony. The parties mutually agree to forego or waive any right to alimony, alimony pendente lite, and spousal support. 17. Full Disclosure. Each party hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed an Inventory and Appraisement as required by S3505(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof 11 which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 18. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 19. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any 12 inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party, which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 20. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 21. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 13 22. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 23. Independent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 24. V oid Clauses. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 25. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 26. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 14 27. Non-Mere:er. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce, which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 28. Disclosure and Waiver of Procedural Rie:hts. Each party understands that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provide by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. 15 . .. . . d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a party that property which the Court determines to be that party's non- marital property. f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 29. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 16 . . I . 30. Representation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Wife has been represented by Mark T. Silliker, Esquire. Husband has been advised of his right to retain an independent counsel to represent him in this matter, however, being so advised that he is entitled to independent legal counsel, he hereby waives his right to the same. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~~ ~;iLf~~~~~ ~~ 4#\ 'Michael L. Miller COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN i- On this3/- day of ,2006, before me Subscriber, a Notary Public, for the Commonwealth 0 ennsylvania, came Terri A. Miller, known to me or satisfactorily proven to be the Wife in the afore going Marriage Settlement Agreement. '.0"___. . i\ fY'.. ( ---l!!-.,,-5t- I , t'-~ "- Tti A. Miller Witness my hand and Notarial seal, the day and year aforesaid. ~~skb No ary Public My Commission Expires: 17 .. . ( . COMMONWEAL TH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this i...L day of ~.J , 2006, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Michael L. Miller, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. ~~ "Michael L. Miller Witness my hand and Notarial seal, the day and year aforesaid. ~~? Notary Pubhc My Commission Expires: C MONWEALfti OF PENNS Notarial Seal Steven B. \f\forl~y. Notary Public East PennsbOro Tv?, ~umberland COURlr My CommissIon L;q:Me$ Dec. 10.2008 --_.......-............_--_.....~_..,-;- 18 ( C{. ~ ..', ;- '\,,) --:: r-"' ':'1 -- TERRI A. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-1554 CIVIL MICHAEL A. MILLER, Defendant CIVIL ACTION - LA W IN DIVORCE CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Complaint in Divorce was served upon Michael L. Miller, on April 26, 2004, by Certified Mail, return receipt requested, addressed as follows: Michael L. Miller 124 College Hill Road Enola, PA 17025 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ( ~61f)7 , ~Jjcf;;a$breJL Renee Dreisbach . , Date: . Complete items 1, 2, and 3. Also complete ,jtem 4 if Restricted Delivery is desired. . PrfJ;l!,your,Bame and address on the reverse 50 that wElcan 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: A ignature........d ? .-/ '" -:4'~;;;Z~ D, Is delivery address different from item 1 . If YES, enter delivery address below: rY\ \c..V\<ld L. V'Y\ \ \ \-e, (LY Col\-e~~ fu\\ Qd tVlD\G\., PA 1,02[; 3. Service Type ~ertified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service Ie 7001 1940 0006 2489 1729 PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-0381 .--' ._~.. "'-, 25 --.I (- o -n ::;1 -- ..:~ "v j',) .....:..,~ "" . .~. " -, TERRI A. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1554 CIVIL MICHAEL A. MILLER, Defendant : CIVIL ACTION - LA W : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) ( ) 3301 (d) ofthe Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: April 26, 2004, by Certified Mail. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: September 5, 2006 by Plaintiff, September 11, 2006 by Defendant. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated but shall not merge with the final Decree in Divorce. .. 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in ~330 1 ( c) Divorce was filed with the Prothonotary: October 4, 2006. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: October 4, 2006. 6. Social Security Numbers: (a) Plaintiff: 196-48-4905 (b) Defendant: 185-54-3906 Attorney for Plaintiff ~/ r-_' ":-::") o --" _J (- ~ f'-,) 1'0 r''',) ;:tfr~.1 ""'7- ",,/ "'~~'it, ,r. . / ! }7';?f'> ~. l' ;}/ff J:?~; ,f;4:q' I 'II ' . (j hC l.. I: t: /