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Home My WebLink About09-0529a JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff ALYSSA SMITH, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ANDREW ALLEN MILLER, Defendant No 0 9- 5a4 t `f-?. CIVIL ACTION - AT LAW 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 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 the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland 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 CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3308 (717) 249-3166 JEANNA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff ALYSSA SMITH, Plaintiff VS. ANDREW ALLEN MILLER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No 0 9- 5 a 9 C `r'e.w ,. CIVIL ACTION - AT LAW DIVORCE COMPLAINT IN ANNULMENT UNDER SECTION 3304(a)(3) OR SECTION 3305(a)(5) OF THE DIVORCE CODE OR COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Alyssa Smith, by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Divorce: 1. Plaintiff, Alyssa Smith, is an adult individual currently residing at 416 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, Andrew Allen Miller, is an adult individual currently residing in Fort Drum, New York. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant participated in a marriage ceremony on November 25, 2008. 5. There have been no prior actions of divorce or annulment between the parties. 1 COUNT I - ANNULMENT 6. Plaintiff avers that there has been no confirmation of the marriage by cohabitation and that she did not intend to consent to the marriage. COUNT II - DIVORCE 7. Plaintiff avers that that the marriage is irretrievably broken. 8. Plaintiff and Defendant are both citizens of the United States. 9. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 10. There are no dependent children from the relationship of the parties. 11. This action is not collusive. WHEREFORE, Plaintiff requests that her marriage be annulled, or, in the alternative, that she be divorced from the bonds of matrimony. Respectfully Submitted: By: ANNPK B. COSTOPOULOS, E RE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR PLAINTIFF Date: 2 VERIFICATION I, Alyssa Smith, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Date: qA q 'lee I/D Alyssa S th r " i '7 CIO r,> -r JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant ALYSSA SMITH, Plaintiff vs. ANDREW ALLEN MILLER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No. 09-529 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE AND NOW comes the Plaintiff, Alyssa Smith, by and through her attorney, Jeanne B. Costopoulos, Esquire, and moves this Honorable Court to appoint a master with the respect to the following claims: Annulment. In support of this motion, Plaintiff states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. Defendant was personally served with the original Complaint on April 16, 2009. 3. The statutory grounds for annulment are section 3304(a)(3) or 3305(a)(5) of the Pennsylvania Divorce Code. 4. The action is contested with respect to the following claims: (a) Annulment. 5. This action does not involve complex issues of law or fact; and 6. The hearing is expected to take one half (1/2) day. Respectfully Submitted: Dated: By: JEANNE B. COSTOPOULOS, E Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff I, Alyssa Smith, Plaintiff in the above-captioned case, hereby swoar and `um tW the statements contained in the foregoing Petition are true and correct to the best of my knowledge, information and belief, l understand that false statements herein and are made subject to the penalties of 1$ Pa,C,S, 4904 relating to =sworn falsification to authorities, DATED: ('404 Aly Snu I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Andrew Allen Miller 9659 C Butler Loop Fort Drum, NY 13603 By: ANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Date: r.,a 17 "1- APR 2 9 ZW96 ALYSSA SMITH, Plaintiff VS. ANDREW ALLEN MILLER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :No. 09-529 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE AND NOW, this day of ._.._ _, 2009, upon consideration of the attached Petition for Appointment of Divorce Master, it is hereby Ordered and Directed that e 4-&,d _???'1 .? , Esquire, is appointed master with respect to the following claims: ANNULMENT BY COURT ? ? Gv1 1 J. Distribution: ? d B. Costopoulos, Esq., 5000 Ritter Rd, Ste. 202, Mechanicsburg, PA 17055 w Allen Miller, 9659 C Butler Loop, Fort Drum, NY 13603 l1D t "e-s rnla t LCL ao r ce) _._.1 LS ?y i .:s LJ t^ ? ( Z C v ALYSSA SMITH, : THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. .No. 09-529 CIVIL TERM ANDREW ALLEN MILLER, CIVIL ACTION - AT LAW Defendant : DIVORCE The undersigned hereby verifies and states that on the date and time indicated below I personally hand-delivered upon the person whom I know to be Andrew Allen Miller, Defendant above, a true and correct copy of the following document: Complaint in Annulment Under Section 3302(a)(3) or Section 3305(a)(5) of the Divorce Code or Complaint in Divorce Under Section 3301(c) of the Divorce Code dated stamped by the Office of the Prothonotary on February 2, 2009 at 2:20 PM. I further hereby swear and affirm that the above statement is true and correct and is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. By: Date: Z116e q Time: r o Pte, Name: Address: 3 G- S L) rn 1YlllYlg 107CoUyT S LUQTeyTr1ty1'1. N I- (Print name) U03 AFR 28 Ni 3? U(1 ALYSSA SMITH, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 09-529 CIVIL TERM ANDREW ALLEN MILLER, CIVIL ACTION - AT LAW Defendant DIVORCE/ANNULMENT AFFIDAVIT OF SERVICE The undersigned hereby verifies and states that on the date and time indicated below I personally hand-delivered upon the person whom I know to be Andrew Allen Miller, Defendant above, a true and correct copy of the following documents: 1) Petition for Appointment of Divorce Master as to Annulment date-stamped April 28, 2009; 2) Order Appointing Divorce Master dated April 30, 2009; and 3) Conference order issued by Divorce Master on May 11, 2009 scheduling a conference on June 22, 2009 at 2:00 p.m. I further hereby swear and affirm that the above statement is true and correct and is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: _ i- SVature Name: JOHN W. HART (Print name) Address: 315-SUMMONS 107 COURT ST. #320 WATERTOWN, NY 13601 Date: 6/2/2009 11:07 AM Time: RLED-OFFICE OF 7NE PRr u(, DTARY 2004 JUN -8 PH 3: 11 PENN YLV;, IIIIA r ALYSSA SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 09 - 529 CIVIL ANDREW ALLEN MILLER, Defendant IN ANNULMENT CONSENT TO ANNULMENT I, ALYSSA SMITH, agree to the statement of facts set forth in the stipulation attached hereto, and consent to an annulment of the marriage under Section 3304(a)(3) in the Domestic Relations Code, a ground for annulment of a void marriage. ? + D Date ALY S H aintiff 4 0': THE l' k 1`''4 • ? ,. 4 ? is-V ALYSSA SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 09 - 529 CIVIL ANDREW ALLEN MILLER, Defendant IN ANNULMENT CONSENT TO ANNULMENT I, ANDREW ALLEN MILLER, agree to the statement of facts set forth in the stipulation attached hereto, and consent to an annulment of the marriage under Section 3304(a)(3) in the Domestic Relations Code, a ground for annulment of a void marriage. `LZ -? uy) O 1 Date aNDREW 2ALMILLER, Defendant 5 FILED L 1? F OF THHE 20,09 li' 23 Fil 1: 2.1 lr?Jrl.._ ... t ,u ? r 0 ALYSSA SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff Vs. : NO. 09 - 529 CIVIL ANDREW ALLEN MILLER, Defendant IN ANNULMENT AFFIDAVIT OF CONSENT A Complaint in Annulment under Section 3304(a)(3) of the Divorce Code was filed on February 2, 2009. 2. The parties have entered into a stipulation of annulment before the Divorce Master. 3. 1 consent to the entry of a final decree in annulment after service of notice of intention to request entry of the decree. I verify that the statements made herein 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. f. ALY SMI H Date: 0-coq FILE'ID-tC)l 21 ? .1U Y; 23 'i r I ALYSSA SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff Vs. : NO. 09 - 529 CIVIL ANDREW ALLEN MILLER, Defendant IN ANNULMENT WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DECREE IN ANNULMENT I consent to the entry of a final decree in annulment without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before an annulment or a divorce is granted. 3. 1 understand that my marriage will not be void until a decree in annulment 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 herein 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. ALYS S Date: :1-1? 029 900C/ nr?, FILE`, -F THE 2CC9 U'.1 23 ?d?E 1 ALYSSA SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff Vs. : NO. 09 - 529 CIVIL ANDREW ALLEN MILLER, Defendant IN ANNULMENT AFFIDAVIT OF CONSENT 1. A Complaint in Annulment under Section 3304(a)(3) of the Divorce Code was filed on February 2, 2009. 2. The parties have entered into a stipulation of annulment before the Divorce Master. 3. 1 consent to the entry of a final decree in annulment after service of notice of intention to request entry of the decree. I verify that the statements made herein 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. ANDR W A LEN MILLER IT-ep Date:zz- ? FILET F THE F, _ n?r??Y °'' i 2'09 uG 11 23 P 41 1 : 2 7 ALYSSA SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff vs. : NO. 09 - 529 CIVIL ANDREW ALLEN MILLER, Defendant IN ANNULMENT WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DECREE IN ANNULMENT I consent to the entry of a final decree in annulment without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before an annulment or a divorce is granted. 3. 1 understand that my marriage will not be void until a decree in annulment 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 herein 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. 4KNDR'EW ALLEN MILLER Date: ZZO I-AC11 OF THE 1, ""' r Y 6 °`rpe 2023 4Uirr ,? . - ? t9, ALYSSA SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 09 - 529 CIVIL ANDREW ALLEN MILLER, Defendant IN ANNULMENT ORDER OF COURT AND NOW, this a3 day of ?- 1 2009, counsel having placed a stipulation on the record in support of the complaint in annulment, and the parties having signed consents to the annulment under Section 3304(a)(3), the appointment of the Master is vacated. BY Q N a1 Edgar B. Bayley, P.J. Cc: Jeanne B. Costopoulos Attorney for Plaintiff Andrew Allen Miller 0 Defendant At ?V! f J -? ; PV i 1_ 2'09.. All 23 Fa p ; , 5 ALYSSA SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff VS. NO. 09 - 529 CIVIL ANDREW ALLEN MILLER, Defendant IN ANNULMENT THE MASTER: Today is Monday, June 22, 2009. This is the date set for a conference in the above-captioned proceedings in annulment. Present in the hearing room are the Plaintiff, Alyssa Smith and her counsel Jeanne B. Costopoulos, and the Defendant, Andrew Allen Miller. Mr. Miller is not represented by counsel. Mr. Miller has appeared today although he is currently a member of the United States Armed Forces stationed at Fort Drum, New York. Mr. Miler, would you give us your mailing address for the record, please? MR. MILLER: 9659-C Butler Loop, Fort Drum, New York, 13603. THE MASTER: Ms. Smith, would you give us your mailing address? MS. SMITH: 416 Lamp Post lane, Camp Hill, PA 17011. THE MASTER: The parties have appeared today in response to the complaint in annulment filed by the Plaintiff under Section 3304(a)(3) and Section 3305(a)(5) of the Domestic Relations Code. The complaint also averred 1 grounds for divorce of irretrievable breakdown of the marriage. However, after discussing the case with the parties and counsel, we are going to proceed with a stipulation of facts which will allow the case to proceed under the annulment section of the code of 3304(a)(3). After a statement of the facts supporting the annulment on the record and stipulated to by the parties, the parties are also going to sign an affidavit of consent to the annulment which will be attached thereto and made part of the record. Counsel for the Plaintiff, can then proceed to obtain a decree in annulment. Counsel will prepare the decree in annulment to be included with the documents presented to the Court for signature. Ms. Costopoulos. MS. COSTOPOULOS: The parties intend to stipulate to the following facts: On November 25, 2008, the parties attended a marriage ceremony; however, husband had his own witnesses there and wife did not have any of her family or friends present. In addition, the services were performed by Magisterial District Judge Thomas Placey, who is a friend of husband. Following the ceremony, the parties neither consummated the marriage nor did they cohabit with one another. Under the circumstances, the parties agree that 2 wife did not intend to consent to the marriage. Following the ceremony, each of the parties returned to their parent's residences. THE MASTER: Ms. Smith, you've heard the statement of the stipulation that was stated on the record? MS. SMITH: Yes. THE MASTER: Do you have any questions about the statement? MS. SMITH: No. THE MASTER: Are the facts stated in the statement true and correct? MS. SMITH: Yes. THE MASTER: Mr. Miller, you've heard the statement on the record? MR. MILLER: Yes, sir. THE MASTER: Do you have any questions about the statement? MR. MILLER: No, sir. THE MASTER: Are the facts stated correct to the best of your knowledge? MR. MILLER: Yes, sir. THE MASTER: r Alyssa Smith Thank you. Andrew Allen Miller 3 Fil D, 2 Ziu-l vt ( ° 1;• U ALYSSA SMITH, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 09-529 CIVIL TERM ANDREW ALLEN MILLER, :CIVIL ACTION - AT LAW Defendant :ANNULMENT OF MARRIAGE DECREE IN ANNULMENT AND NOW, this Z~'' day of , 2009, upon consideration of the facts as stipulated before the divorce master on June 22, 2009, and of the consents signed by both parties on June 22, 2009, and it being an uncontested fact that Wife did not intend to consent to the marriage, the marriage of Alyssa Smith, Plaintiff, and Andrew Allen Miller, Defendant, is hereby deemed void. BY THE COURT: .. ,wt '~ th t J. c 3t ~ / t4