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HomeMy WebLinkAbout09-2081A ORIGINAL Divorce Complaint Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, Plaintiff NO. 6 9- 026 F/ L' u;:?J V. : CIVIL ACTION - LAW RAYMOND A. MILLER, DIVORCE Defendant 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 County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, V. Plaintiff NO. : CIVIL ACTION - LAW RAYMOND A. MILLER, DIVORCE Defendant AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de Las quejas expuestas en [as paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidadas o rompimiento irreparable del matrimoni, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Courthouse, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, Cu zf ? ? ?. Plaintiff NO. O q- -2091 V. CIVIL ACTION- LAW RAYMOND A. MILLER, DIVORCE Defendant COMPLAINT Plaintiff, HOLLY C. MILLER by her attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: COUNT I DIVORCE 1. The Plaintiff is Holly C. Miller, an adult individual residing at 38 Kensington Drive, Camp Hill, Cumberland County, PA 17011 since January 12, 2008. 2. The Defendant is Raymond A. Miller, an adult individual residing at 107 Oneida Road, Camp Hill, Cumberland County, PA 17011 since 2003. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on January 31, 2004 at Cumberland County, PA. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. Plaintiff avers that the grounds on which the action is based that the marriage is -1- irretrievably broken; 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 11. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage, all of which are "marital property" or "marital debts". 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III ALIMONY PENDENTE LITE, ALIMONY 14. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. -2- WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV COUNSEL FEES. COSTS AND EXPENSES 17. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 18. Plaintiff has employed legal counsel in this case, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff has or will incur costs in this action including, but not limited to, costs for various experts to appraise the parties' marital assets, and does not have the funds to pay the necessary and reasonable fees , costs and expenses. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, r D CLIFF, ESQUIRE 8 Trindle oad Cam A 1701 1 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff -3- VERIFICATION HOLLY C. MILLER verifies that the statements made in this complaint are true and correct. She understands that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. HOLLY C. ILLER Dated: ?- " OF 209 APR QMW-OPiCE -2 PH 2-' 32 ?'?tJ?vS 12VA?J?A'Y 6k (/ s'v I 3 , ;? 2 31 L Z-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, NO. 0? --- pZ G V 1 I Plaintiff . CIVIL ACTION - LAW V. DIVORCE/APL RAYMOND A. MILLER, Defendant PACKS NO. ORDER OF COURT AND NOW, this day of , 2009 , upon consideration of the attached Petition for Alimony Pendente Lite, it is hereby directed that the parties appear before the Domestic Relations Conference Officer on at o'clock .m. at the Domestic Relations Office located at 13 North Hanover Street, Carlisle, Pennsylvania for a conference, after which the Conference Officer may recommend that an order for Alimony Pendente and interim counsel fees and costs be entered. Your are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed. (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 191-.11(c) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the court may issue a warrant for your arrest. BY OR FOR THE COURT Date of Order: YOUR HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT: COURT ADMINISTRATOR - 2 - APL Petition Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Holly C. Miller IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, NO. ? ^ 2ACS I Plaintiff CIVIL ACTION -LAW V. DIVORCE/APL RAY A. MILLER, Defendant PACSES NO. PETITION FOR ORDER FOR ALIMONY PENDENTE LITE Petitioner, Holly C. Miller, files the this Petition for Alimony Pendent Lite and respectfully represents that: 1. Petitioner is Holly C. Miller, an adult individual whose mailing address is 38 Kensington Drive, Camp Hill, PA 17011, and who is the Plaintiff in the above captioned divorce action. 2. Respondent is Ray A. Miller, an adult individual whose mailing address is 107 Oneida Road, Camp Hill, PA 17011, and who is the Defendant in the above captioned divorce action. 3. The parties are husband and wife. They were married on 1 /31 /2004 and separated on 1/12/2008. 4. The within action was instituted by the filing of a Divorce Complaint by Holly C. Miller on April 2, 2009. 5. In the Divorce Complaint, Petitioner raised a claim for Alimony Pendente Lite. 6. This Petition is filed so that a conference is scheduled by Domestic Relations on - 1 - this claim for alimony pendente lite so that an order for alimony pendente lite is entered on the Petitioner's claim for Alimony Pendente Lite. 7. Respondent has not sufficiently provided support for the Petitioner. 8. Petitioner is not on a financial par with Respondent in prosecuting and/or defending this Divorce Action, and is unable to support herself in accordance with the standard of living established during the marriage. 9. Petitioner is filing concurrently herewith a Petition for Modification of the Child Support Order entered on 2/26/2008 in the Cumberland County support action docketed to No.00086 S 2008, Pacses No. 751109783. A conference on that claim has not yet been scheduled. 10. As required by Local Rules of Court, a background information sheet pertaining to this claim was previously filed with Domestic Relations as part of the support action docketed to No.00086 S 2008, Pacses No. 751109783. 11. The amount of AlimonyPendente Lite requested by the Petitioner is the maximum amount provided for under the guidelines. WHEREFORE, Petitioner prays that the Court enter an Order: a. Requiring the Respondent to pay the Petitioner Alimony Pendente Lite in the maximum amount provided for by law under the state support guidelines; b. Requiring the Respondent to provide medical insurance and support for the Petitioner. Respectfully submitted, WNE-6-. RAD I FF, ESQUIRE 3448 Trind L.Mad Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Petitioner -2- VERIFICATION I verify that the statements made in the foregoing document 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. C. HOLLY C. LLER Date: ?-b? ???' ??? ti '' ? w v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, N0. Q?-`?1 /'t ' • n Plaintiff 1 1.J1 ?JC?C? CIVIL ACTION -LAW V. : DIVORCE/APL RAYMOND A. MILLER, Defendant PACKS NO. aq9 1 ) l7-7 - S ORDER OF COURT AND NOW, this _ day of Aori1 , 2009, upon consideration of the attached Petition for Alimony Pendente Lite, it is hereby directed that the parties appear before R_ J_ ShAddAY , the Domestic Relations Conference Officer on Ar; 1 27 2009 at i .3npm o'clock P m. at the Domestic Relations Office located at 13 North Hanover Street, Carlisle, Pennsylvania for a conference, after which the Conference Officer may recommend that an order for Alimony Pendente and interim counsel fees and costs be entered. Your are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed. (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 191-.11(c) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the court may issue a warrant for your arrest. BY OR FOR THE COURT EDGAR B. BAYLEY, PRESIDENT JUDGE ,.Ys Date of Order: AF- -3 _20-0-9 fadd4, APL Coordinate YOUR HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by taw 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 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT: COURT ADMINISTRATOR - 2 - RM-OFFICE OF THE P-R6VIC OTARY 2009 APR -6 PM 3*. 03 PENNSYLVANIA HOLLY C. MILLER, THE COURT OF COMMOl PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORC NO. 09-2081 CIVIL TERM RAY A. MILLER, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 299110 AND NOW, this 14th day of April 2009, upon consideration of the Petition for A imony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appe before R.J. Shaddav on April 29, 2009 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, fter which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date rep aces the prior conference date of April 27, 2009. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2' (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as regt (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to yi (6) IF you fail to appear for the conference or bring the required documents, the warrant for your arrest. BY THE COURT, Edgar B. Bayley, I Date of Order: Aril 14, 2009 Copies mailed to: Petitioner Respondent Diane G. Radcliff, Esq. Patrick F. Lauer, Jr., Esq. YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE COl\ REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AF TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 as filed by Rule 1910.11© may issue a Judge icer :NCE AND ONE, GO TO OR MAY GET LEGAL cc361 FIE.ED-O*RCE OF TWE PROTHONOTARY 209 APR 15 PPS 3* Q8 UNTY ?C.t v{??r i L?rs??ara: 3 -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, Plaintiff V. RAYMOND A. MILLER, Defendant NO. 09-2081 CIVIL TERM CIVIL ACTION - LAW DIVORCE/APL PACKS NO. ACCEPTANCE OF SERVICE I, Patrick F. Lauer. Jr., Esquire, attorney for the Defendant in the above captioned action hereby accept service of the Complaint duly endorsed with a Notice to Plead, which Endorsed Complaint was filed in the above captioned matter on April 2, 2009. l certify that I am authorized to accept service on behalf of the Defendant. Date: Patrick V. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011 Fk,ED-J,:rfGE OF THE PFrO TPOINOTARY 2009 APR 17 PH 1: 59 ?pp N; y ?? e w HOLLY C. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-2081 CIVIL TERM RAYMOND A. MILLER, IN DIVORCE Defendant/Respondent : PACSES Case No: 299110778 ORDER OF COURT AND NOW, this 29th day of April 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 817.14 and the Respondent's monthly net income/earning capacity is $ 3972.85, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Seven Hundred Twenty-eight and 00/100 Dollars ($ 728.00) per month payable bi-weekly as follows: $ 718.00 per month for Alimony Pendente Lite and $ 10.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is April 2, 2009. Arrears set at $ 684.56 as of April 29, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court fmds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Holly C. Miller. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 f N. The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the obligee. Unreimbursed medical expenses of the obligee that exceed $250 annually shall be allocated between the parties. The parry seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other no later than March 31 st of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by the Respondent and 100% by the Petitioner. [X] Respondent [] Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that the medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist of, at a minimum of. 1) the name of the health care coverage provide(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. The Order considers that the Respondent has a child support obligation for the parties' child docket at 00086 S 2008 under PACSES Case #751109783. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: A Ail 30, 2009 to: Petitioner Respondent Diane G. Radcliff, Esq. Patrick F. Lauer, Jr., Esq. BY THE COURT, tyw j, ? " ? M. L. Ebert, Jr., J. DRO: R.J. Shadday it FIt-F ,:);'r= ;;F CF TNF F P' INV 2009 A F R 3' 0 Fi;1 3 ; i a ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 09-2081 CIVIL State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 05/01/09 Case Number (See Addendum for case summary) EmployerAArithholder's Federal EIN Number PA HIGHER ED ASSISTANCE AGENCY 1200 N 7TH ST HARRISBURG PA 17102-1419 182-50-0040 Employee/Obligor's Social Security Number 9096101938 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ $ $ 762.00 10.00 0.00 $ 0.00 $ 718.00 $ 10.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? Q yes ® no one-time lump sum payment for a total of $ 1, 500.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 346.15 per weekly pay period. $ 750.00 per semimonthly pay period (twice a month) $ 692.31 per biweekly pay period (every two weeks) $ 1, 500.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: OOriginal Order/Notice 751109783 OAmended Order/Notice 86 S 2008 0Terminate Order/Notice QOne-Time Lump Sum/Notice RE: MILLER, RAYMOND A. Employee/Obligor's Name (Last, First, MI) M. L. Ebert, Jr., Judge L) Form DRO: R.J. Shadday EN-028 Rev. 4 Service Type M OMBNO.:09700154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If#heckefl you are required to pr vide a?opy of this form to yoursmployee. If yp?ry employee v?orks in a state that is di erent Trom the state that issu this or er, a copy must be provi ed to your em o ee even if t e box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2316933620 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:MILLER, RAYMOND A. EMPLOYEE'S CASE IDENTIFIER: 9096101938 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeetobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by intemet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker I D $IATT ADDENDUM Summary of Cases on Attachment DefendanVObligor: MILLER, RAYMOND A. PACSES Case Number 299110778 Plaintiff Name HOLLY C. MILLER Docket Attachment Amount 09-2081 CIVIL$ 728.00 Child(ren)'s Name(s): DOB PACSES Case Number 751109783 Plaintiff Name HOLLY C. MILLER Docket Attachment Amount 00086 S 2008 $ 772.00 Child(ren)'s Name(s): DOB MADISON J. MILLER 11/22/04 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT FILED--C F!' .47 " APY 2009 HAY -=i i C- e26 ?' ,v'? O L ABRAHAM LAW OFFICES. LLC 45 East Main Street. Hummelstown. PA 17036 (717) 566-9380 HOLLY C. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~• : N0.09 - 2081 CIVIL TERM RAYMOND A. MILLER :CIVIL ACTION -LAW ~y ~ ~. ~ Defendant :DIVORCE ''~ `"~' ~ ~ ' ~ ~~ ~' : , ~~ . ~ r:: . ~~ it =~~ . - ,~ ~ t DEFENDANT'S INVENTORY ~ ; ; ~ r~ --~ Defendant, Raymond A. Miller, files the following Inventory of all of the property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years as verified by Defendant pursuant to Defendant's Verification attached hereto and made part hereof. ABRAHAM LAW OFFICES, LLC sr,~ James W. Abraham, Esquire 45 East Main Street Hummelstown, PA 17036 (717) 566-9380 Attorney for Defendant, Raymond A. Miller DATE: 3/5/10 ASSETS OF THE PARTIES Defendant marks on the following list those items applicable to the above-captioned action and itemizes the assets on the following pages. ( x) 1. Real Property (x) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificate of Deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life Insurance policies (face, cash surrender value/ beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (owners, percentage of, positions held) ( ) 16. Employment termination benefits/severance pay, workers comp. ( ) 17. Profit sharing plans ( x) 18. Pension plans (employee contributions/date plan vests) ( x) 19. Retirement Plans, IRAs ( ) 20. Disability payments ( ) 21. Litigation claims (matured/unmatured) ( ) 22. MilitaryN.A. Benefits ( ) 23. Education benefits ( x) 24. Debts, including loans, mortgages ( x) 25. Household furnishings and personalty (include as total category; attach itemized list if distribution of assets is disputed. ( ) 26.Other: 2 MARITAL ASSETS ITEM NO. PROPERTY DESCRIPTION ALL OWNERS 1 Increase in value of former marital residence, 107 Oneida Drive, Camp Hill, PA 17011 Husband ($13,000.00) 18 PSERS - (Contributions $13,930) Husband 19 GNC 401(k) account - ($888.00) Husband 19 CIBER Inc 401(k) account - (loss of $4,266.00) Husband 19 D&B 401(k) account - ($4,379.00) Husband MARITAL DEBTS ITEM NO. DESCRIPTION CREDITOR DEBTORS AMOUNTS NONE NON-MARITAL ASSETS ITEM NO. PROPERTY DESCRIPTION ALL OWNERS 1 Pre-marital: Former marital residence Husband 10? Oneida Drive, Camp Hill, FA 17011 2 Pre-marital: Vehicles 2002 Volkswagen Jetta Husband 1998 Plymouth Voyager Van Wife 25 Pre-marital: Household furnishings Husband/Wife 3 NON-MARITAL DEBTS ITEM NO. DESCRIPTION CREDITOR DEBTORS AMOUNTS 24 Mortgage on 107 Oneida Drive, Camp Hill, PA 17011 PROPERTY TRANSFERRED Husband Defendant is not aware of any transfers or conversions and has not done so. Defendant reserves his rights as to any claim or defense as to property transferred or converted by Plaintiff. 4 VERIFICATION I, ~ ~- ~( ~-~-~~ ,the undersigned, hereby verify and confirm that the foregoing document and the statements made therein are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of Title I8 Pa.C.S.A. Section 49Q4 relating to unsworn falsification to authorities. DATE: ~ ~- ~ ^ (O ~, , C^ - CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by first class mail on the following person(s) at the following address(es) on the date stated below: Diane G. Radcliffe, Esquire 3448 Trindle Road Camp Hill, PA 17011 DATE: 3/5/10 James W. Abraham, Esquire ABRAHAM LAW OFFICES. LLC 45 East Main Street, Hummelstown. PA 17036 f 717) 566-9380 HOLLY C. MILLER Plaintiff v. RAYMOND A. MILLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAIxIA ti • c a N0.09 - 2081 CIVIL TERM ~'-i ~` ° ;~ t? ~ >__ ~. :CIVIL ACTION -LAW `::-'' ~~ : ~ DIVORCE '~fT_ ;~ ' `1 W DEFENDANT'S INCOME & EXPENSE STATEMENT -„ ~~~ ~~ t~ ~3' A~~ L~yy"'~~,~ ~N Defendant, Raymond A. Miller, files the following Income & Expense Statement in the above-captioned action in divorce in accordance with Pa.R.C.P. 1920.31 as verified by Defendant pursuant to the Verification attached hereto and made part hereof. ABRAHAM LA~V OFFICES, LLC James W. Abraham, Esquire 45 East Main Street Hummelstown, PA 17036 (717) 566-9380 Attorney for Defendant, Raymond A. Miller DATE: 3/5/10 INCOME Employer: PHEAA Gross pay per period: $2,661.00 bi-weekly - $69 186.00 annual per year Deductions: (see attached pay stub from May 1, 2009 which is same as current income) Federal Withholding: Social Security: Medicare: Local Wage Tax: State Income Tax: Unemployment: Retirement: Savings Bonds: Credit Union: Health Insurance: Life Insurance: Union Dues: Other (Specify): Net Monthly Income: Other Income (Net Amounts): Interest: Dividends: Annuity: Social Security: Rents: Royalties: Expense Account: Gifts: Unemployment compensation: Worker's compensation: Other (Specify): Spousal Support: Tatal: $ 3,972.00 TOTAL NET INCOME: Month $ 3,972.00 Year $ 47,664.00 2 Residence: Mortgage Taxes Maintenance Homeowners insurance Utilities: Electric Gas Telephone Water/Sewer Oil Personal: Food & Clothing Other: Automobiles: Payments: Insurance: Repairs/Maintenance/Fuel Medical: Doctor: DentisdOrthodontist Hospital Medicine Special Needs (eye care, etc.) Education: Private/Parochial School College: Credit Payments: Credit cards Charge accounts Memberships Outstanding Loans: Creditor: Month Year 795.00 9,540.00 142.00 1,704.00 50.00 600.00 34.00 408.00 112.00 1,344.00 115.00 1,380.00 85.00 1,020.00 181.00 2,172.00 420.00 5,040.00 62.00 752.00 100.00 1,200.00 30.00 360.00 3 Month Year Miscellaneous: Household help: Child care: Pay/Cable/TV/Computer 150.00 1,800.00 Legal Fees: 250.00 3,000.00 Charitable contributions Vacation Entertainment Gifts Other: Child Support 762.00 9,144.00 APL ?18.00 TOTAL EXPENSES: $ 4,006.00 $ 48,0?2.00 4 ~a~vss~wl 000'0 000'4 £SI'GZt OOS'OI4 asnalBHPa3 000'0 000'b 000'84 000'0 :paisan amind -• iE'OSS i :isioy OOS'Z OOS'OI 000'8 005'Z :na:Isy - 000'0 000'8 8Z6'9E 000'Z£ =Pa~3+ i£'OSS`l aa!^Ptl 005'Z OOS'OI SZZ'94I 000'i8£ :aamlBH~a^O'~O ~,. . 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F ' 6002/IO1S0 aIBQ KaaA~ ZOILI dd'Bmgs" n iaavg q3L g31aN OOZI 1C~NIdJ~' ~~1~'J.SISSV Q~ 2IdFIJIH Vd ~' :sntBtS f7 :ad,CZ siairecibpgag ttoddnS tua-I~ pus suoue.iad0-08L£ i i OL I ~'d `II?H ~~ PSI BPtauO LOi ~Id'I'IIINi V 1[t~2I ;p (s~anoaa`r aqy oy ZO I L I dd `Smgs?~H ;aa~g u3L quo1~I OOZI ~~H~~~ d~N~'.LSISS~' Q~ 2i~IiJIiI ~'d VERIFICATIQN I, ~7~~~ ~ ~ ~~~ L"LL~ ,the undersigned, hereby verify and confirm that the foregoing document and the statements made therein are true-and. correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of Title 1$ Pa.C.5.A. Section 49Q4 relating to unsworri falsification to authorities. DATE: ~3 ~ ~ -- r ~ ~'~` _. CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by first class mail on the following person(s) at the following address(es) on the date stated below: Diane G. Radcliffe, Esquire 3448 Trindle Road Camp Hill, PA 17011 DATE: 3/5/10 -~ James W. Abraham, Esquire i : - i-~\: ~~~~ ~~~~ ~~ ~ ~ ~ r~ ~2 . F ,.r, ; Discovery Certification to Divorce Master Prepared By: Diane G. Radcliff, Esquire 3448 Trindte Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 ~ Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, Plaintiff N0. 09-2081 CIVIL TERM CIVIL ACTION -LAW v. RAYMOND A. MILLER, Defendant DIVORCE REVISED CERTIFICATION OF OUTSTANDING DISCOVERY I, Diane G. Radcliff, Esquire, Attorney for Defendant, hereby certify that discovery is not complete in the above captioned case. Outstanding Discovery and Proposed Action to Complete Discovery 1. Appraisal of marital home as of date of marriage and date of separation. The home has not bee officially appraised. On or before August 4, 2010, Wife will decide if she will have the marital home appraised or if she will accept Husband's comparative market analysis. If she wants an appraisal she will have it completed within 1 month of that date. 2. Plaintiff', Inventory: Plaintiff has completed her Inventory and will file that Inventory on or before August 4, 2010. 3. Plaintiff's Income and Expense Statement: Plaintiff will complete and file her Income and Expense Statement on or before August 4, 2010. Respectfully Submitted, Bl-Aid~ : DCLI FF, ESQUIRE Registration No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliffC~comcast.net Phone: (717) 737-0100 • Fax: (717) 975-0697 Counsel for Defendant Dated: Julk26, 2010 Y, J` ..:ra ..,.....`,;;tt. CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service ~ First Class Mail Addressed as Follows: James W. Abraham, Esquire 45 East Main Street Hummelstown, PA 17036 (Counsel for Plaintiff) Service by Personal Delivery as follows: E. Robert Elicker, II, Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 (Divorce Master) BtA1~If~-RA CLIFF, ESQUIRE ` / gistration No 32112) 3448 Trindte Road Camp Hill, PA 17011 Email: dianeradcliffC~comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Defendant Dated: 2 D ~,~~.~. <<- ~_-_ C~o .~~- _~ . r-. _ ~,. - ~.' __, ~. ~~'~ ~~i~Q,i~i~i~ SPACE ABOVE THIS LINE FOR FILING INFORMATION '". ~ Prepared by: , _ `~° Diane G. Radcliff, Esquire _ ~- ~ ~ y 3448 Trindle Road, Camp Hill, PA 17011 ~ -~t ` Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, N0. 09-2081 CIVIL TERM Plaintiff CIVIL ACTION -LAW v. DIVORCE RAYMOND A. MILLER defendant INVENTORY OF HOLLY C. MILLER Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. C. HOLLY Cg~LLECR, PLAINTIFF Dated: V- J -~O FF, ESQUIRE Caf~ipa~liN'PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court IL~#32112 Dated: 5~ ASSETS AND LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (X) 1. Real Property and Real Estate Mortgages (X) 2. Motor Vehicles and Vehicle Liens () 3. Stocks, Bonds, Securities and Options () 4. Certificates of Deposit (X) 5. Checking Accounts, Cash (X) 6. Savings Accounts, Money Market and Savings Certificates () 7. Contents of Safe Deposit Boxes () 8. Trusts () 9. Life Insurance Policies () 10. Annuities O 11. Gifts () 12. Inheritances () 13. Patents, Copyrights, Inventions, Royalties (} 14. Personal Property Outside the Home () 15. Business () 16. Employment Termination Benefits-Severance Pay, Worker's Compensation () 17. Profit Sharing Plans (X) 18. Pension Plans (indicate employee contribution and date plan vests) (X) 19. Retirement Plans, Individual Retirement Accounts () 20. Disability Payments () 21. Litigation Claims (matured and unmatured) () 22. MilitaryN.A. Benefits () 23. Education Benefits () 24. Debts Due, including loans, mortgages held () 25. Household Furnishings and Personalty () 26. Other Assets () 27. Loans, Credit Cards and Other Debts -2- INFORMATIONAL NOTES AND CODES 1. ">"denotes information of importance 2. "*"denotes documents/information to be supplied by the designated party. 3. °~t" denotes an item about which a decision is required. 4. "NM" denotes non-marital property, not subject to equitable distribution. • 5. "HMN" denotes Husband's non-marital property. 6. "WNM" denotes Wife's non-marital property. 7. "A" denotes appraisal. 8. ",~"denotes that the entry (value) is verified by a document. 9. The values used in the various Tables herein may, in some cases, be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 10. Any adjustment figures used in the various tables herein are for illustration purposes only and are not to be deemed a representation on the part of the Plaintiff as to whether an adjustment should be made or the amount of the adjustment, if any is appropriate. -3- SECTION I. BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: TA81..E #1-A RARTiES ~ ~ ~=7~' Name Ray A. Miller Holly C. Miller Maiden Name -- Fisher Address 107 Oneida Road Camp Hill, PA 17011 '` 38 Kensinggt~on Drive Camp HiII,PA 17011 Date of Birth 11/13/1957 2/28/1969 Age 52 41 Health Status Good Good Educational Background Bachelors degree from PSU prior to marriage ~ -- high school graduate + some college courses - no degree Names and Relationship of Persons Living with Party None Holly C. Miller's 5 children Date Moved to Current Residence 2003 1/12/2008 Date PA Residency Began ? 1998 Current Military Service N/A N/A Number of Marriages 4 2 Empioyer's Name and Address PHEAA, Commonwealth of PA Self Employed Day Care Occupation (Job Position) Computer Analyst Day Care Provider Date Employment Commenced end of 2001 2008 Est income $65,000 per year $4,000- 8500 per year TABLE #'l~~, MARRIAGE INFQRMATiON Date of Marriage 1131104 Place of Marriage Cumberland County, PA Date of Separation 1/12/08 Grounds for Divorce No Fault -4- ~~ Madison J. Miler 5 11/22/2004 Kindergarten Wife Comments: Madison has achondroplasia and sleep apnea and requires special care. SUPPORT f 4R'~Rt~°MRRRtA$E Name of Party Paying Support Husband Child Support Amount $762.00 per month Support Docker No 00086 S 2008; Passes # 751109783 ' Effective Date 412109 APL amount $718 per month Effective Date of Order 4/2/09 TABLE -JE CHILDREN;fl~ 4T~iEftRELAIONS~#IRS(MARI~#A~ES , Wife Gabrielle Lucente 14 4114/95 Wife Wife Dominique Lucente 13 8/12196 Wife Wife Vincente Lucente 11 7116198 Wife Wife Gino Lucente 10 3111/00 Wife -5- TABL 1-G PROCEEDfNG~` FORMAT{ON. Complaint Filing Date 4/2109 Date of Service 4/14109 Manner of Service Acceptance of Service Type of Divorce Requested No Fault Economic Claims Raised Equitable Distribution; APL; Counsel Fees, Costs and Expenses Type of Pleading NIA Pleading Filing Date NIA Type of Divorce Requested NIA Economic Claims Raised N/S . Has the case been bifurcated? No Date of decree granting bifurcation N/A If bifurcation granted by consent or after hearing N/A -6- SECTION II. MARITAL ASSETS AND DEBTS The following Table #2 sets forth the listing of the marital assets and debts of the parties: ier v~ lit ~' ;, A B C D E F G Ln No 5 Binder Description Date of Ref Value RE-1 107 Oneida Road DOS 4.09 Distributbn Value 140,000.00 Distribution to DisMbutlon to WHe Husband , 140,000.00 6 RE-1 107 Oneida Road DOM 6.04 (127,000.00) (127,Od0.00) 7 9 > Values from Husband's CMA -may require an appra~ ' V-1 1998 Plymouth Van - WPM WPM.... 10 >Acquir»tl by Vlfrfe priorto marriage --no marital increase 11 V-2 VW Jetta HNM HNM 12 14 >Acquired by Husband prior to marriage - no marital increase -loan paid off during manrage A-1 W's M&T Checking Account 0.00 D.00 15 ~k Wife to prov~le` account statement as of DOS '1112/08'{ or nearest statement data be#ore and after 005 (1!12/08) 16 A-2 H's M&T checking account 0.00 0.00. 17 * Hu$band tb piisvi~ account statement as of DOS (1/12/08),Qr nearest statement date before and after DOS {1112/08) 18 A-3 H's ll Savings Account 0.00 0.00 19 21 * Husband to provide account statement as of DOS (1192!08) or nearest statement date befioce and atfer DDS {1112/08) RET-1 H's GNC 401K DOS 12/31/07 7,478.75 7,478.75 22 RET-1 H's GNC 401 K DOM 6.30.04 (6,491.08) {6,491.08) 23 24 RET-2 H's Ciber, Inc. 401k DOS 1.1.08 22,833.72 22,833.72 25 RET-2 H's Ciber, Inc. 401k DOM 6.30.04 (17,969.04) ' {17,969.04) 26 27 RET-3 H's D& B Retirement Plan 12.31.07 14,576.56 14,576.E 28 RET-3 H's D& B Retirement Plan 7.1.04 (9,735.81) {9,735,81) 29 30 RET-4 H's SERS Marital resent Value 7.23.10 79,307.80 79,307.80 31 33 >See McGarry Valuation . ~~:~ ` Asset Totals from Above 103,000.90 103,000.90 0:00 -7- Hol~y ~., r~is f $~; ~. >~~ A B C D E F G Ln No 35 Binder Description Date of Ref Value Totals from Above Distribution Value 103,000.90 Distributlon to Husband ' 143,000.90 Distribution to Wlfe 0,00 36 ~. 38 Percentage of Total Total From Above 103,000.90 1.00 0.00 • 39 Amount Due Parties in 50150 Division 51,500.45 51,500.45 40 Less Total Assigned to Parties From Above ' 103000 0 O.UO 41 50150 Division Adjustment Amount • Amount Due Wife (51,500.45) 51,500.45 42 Proposed 50150 adjustments 43 Cash Payment from Husband to Wife ' (34,000.0 '34,000.00 44 Balance in cash and/or from Roll Over of $ from Husband's Retirement Plans (17,500.45] 17,500.45 45 47 Total Due Wife Total From Above 103,000.90 ' (51,500.45] 51,500.45 48 Amount Due Parties in 45/55 Division 46,350.41. 56,650.50 49 Less Total Assigned to Parties From Above .103 .90 €x.00' 50 45155 Division Adjustment Amount • Amount Due Wife (56,650.50) 56,650.50 51 Proposed 45155 Adjustments 52 Cash Payment from Husband to Wife ' {34,000,t~) ~.~•~' 53 Balance in cash and/or from Roll Over of $ from Husband's Retirement Plans (22,650.50] 22,650.50 54 •. 56 Total Due Wife ~~ .. . Total From Above 103,000.90 (56,654 50j 56,650,50 57 Amount Due Parties in 40160 Division 41,200.36 61,800,54 58 Less Total Assigned to Parties From Above ~103,fl~0~ 0_00' 59 40160 Division Adjustment Amount -Amount Due Wife (61,8U0.54~ 61,800.54 60 Proposed 60140 Adjustments 61 Cash Payment from Husband to Wife (34,000.0) 34,000':00 62 Balance in cash and/or from Roll Over of $ from Husband's Retirement Plans (27,800.54) 27,800.54 63 Total Due Wife _(61,8tH1. ;61,800.54 Notes: 1. Wife has not yet decided whether or not to have the marital home appraised. She reserves that right and will make a determination. 2. Wife sug ests a 60/40 division her favor with no more than one of Husband's retirement plans being rog~over to her and the balance in cash. Husband has a house that if unencumberes so the cash payment should be no problem. -8- SECTION III. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY The followin~q Tables #3-A and # 3•B set forth the household goods and contents and other personal property of the parties: , : Plaintiff does not believe there is or will be a dispute as to the parties household goods and contents and therefore, Tables #3-+A and #3-B have not been completed. 7AB[,E #3-A HOUSEHOLD GOdDS AND GQN~Et~TS AI~1Q a~PERS+ONAL PROPERTY tN HUBB `N YS PCIISSE N0. DESCRIPTION OWNER POSSESSOR VALUE DATE VALUE BASIS FOR EXCLUSION IF NON- MARn'AL Not in Dispute H & W Husband -- Canments TABS~ #3-B HOUSEHOLD GOODS AND CONTEN~:$ AND OTHER PERSOhtAL PROPERTY IN WIFE`S P'E?t~ESS1k~N NO. DESCRIPTION OWNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION IF DATE NON- MIARRAL Not in Dispute H & W Wife Comments: Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. The value of each item has been estimated by Plaintiff unless otherwsise noted. -9- SECTION IV. NON-MARITAL ASSETS AND DEBTS The following Table #4 sets forth the non-marital assets and debts of the parties: s~4 T~ -NON~~tT`AL QTY Ad~t3 ~8'f~~ A B C D E F G Ln No Description Non-Marital Value Marital Value Total Value Basis for Exclusion N Claimed to Be Non-Marital Method of Valuation d~ Supporting Documents 1 107 Olenick Drive, Camp Hill PA TBD TBD TBD Premarital TBD 2 GNC 401 K TBD TBD TBD Premarital Statements 3 Ciber inc 401 K TBD TBD TBD Premarital Statements 4 D& B 401 K TBD TBD TBD Premarital Statements 5 H's SERS retirement plan TBD TBD TBD in part Premarital Statements 3Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 9The value of each item has been estimated by Plaintiff unless otherwise noted. -10- SECTION V. PROPERTY TRANSFERRED The following Table #5 is Plaintiffs listing of all property which was transferred within 3 years of the date of the commencement of this action or was transferred since the date of separation: TABLE #5 PRDI'EI27Y TFtANSF~ N0. DESCRIPTION OF PROPERTY TRANSFER DATE CONSIDERATION TRANSFEROR TRANSFEREE None Known w Comments: -- Comments: Comments: Cf3mman~s: Comments: -11- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: James W. Abraham, Esquire 45 East Main Street Hummelstown, PA 17036 (Counsel for Defendant) Camp Hilt, PA 17011 Email: dianeradcliffC~comcast.net Phone: (717)737-0100 Fax: (717) 975-0697 Attorney for Plaintiff, oily C. Miller Dated: Q -8- D ~- ~~ ~ -~, r:. -~ r~-~ -- ~:..~ ~3= rti N ;. _... _; SPACE ABOVE THIS LINE FOR FILING INFORMATION =w ` „J -ti--~ Prepared by: Diane G. Radcliff, Esquire 3448 Trindte Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 ~ Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, Plaintiff v. RAYMOND A. MILLER, Defendant N0. 09-2081 CIVIL TERM CIVIL ACTION -LAW DIVORCE INCOME AND EXPENSE STATEMENT OF HOLLY C. MILLER I verify that the facts set forth in the following Income and Expenses Form, including all attachments thereto, are 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. DATE• ~ ~ -~~ C - HOLLY C. ILLER -1- PART I. INCOME Employer: Self Employed Daycare Provider Pay Period: Weekly Address: 38 Kensington Drive, Camp Hill, PA BUSINESS INCOME FROM SCHEDULE C OF 2409 FEDERAL INCOME TAX RETURN Line No DESERiPTION 2009 7 Gross lncorne 18,860 9 Car and Truck Expenses 575 13 Depreciation 1, 595 18 Office Expense 1,108 22 Supplies 2, 306 27 Other Expenses Day Care Party tt Gifts 1,373 Food 3,301 Janitorial 1,287 Total 5,961 5,961 Line 28 Tota# Expenses Before Business Use of Hame 11, 545 Line 31 Net Prgflt before Business Use of Home 7,315 Line 3Z Business use of Home Deduction 2,636 Ling 33 N~t'Profii; 4;b79 Note: Defendant recently lost 2 of her children and as result her income has been substantial reduced. She is advertising her services but does not know if and when she will get new children. -2- bE5CRiPTIUN MONTHLY YEARLY interest 1-t Dividends Pensions ft Annuities Social Security Rents Royalties Expense Account Gifts Employer Fringe Benefits Unemployment Or Workman's Compensation Commissions and Tips Child Support not this case) $1,350.00 $16,200.00 Child Support this case $762.00 $9,144.00 APL this case $718.00 $8,616.00 ~ ~; ~?:~ _ ~~~~; Si~C~,f?4 ~ ; Note: The child support referenced above is for Plaintiff's 4 other children, to wit: Name Age Birth Year Gabrielle Lucente 15 1995 Dominique Lucente 13 1996 Vincente Lucente 12 1998 Gino Lucente 10 2000 -3- PART 11 EXPENSES HOMf EXPENSES: Rent $1,075.00 Electric $85.00 Gas $37.00 Home Telephone $45.00 Cell Phone $75.00 Water $56.00 Sewer/Trash $29.17 Cable TC/Internet $34.00 TAXES: Real Estate Taxes Per Capita Tax $1.00 Occupation Tax INSURANCE: Renters insurance $8.33 Automobile Insurance $48,00 Life Insurance $43.40 Accident Disability $16.60 AUTOMOBILE EXPENSES: Payments $279.00 Fuel $175.00 Maintenance and Repair $262.00 License and Registration $3.00 MEDICAL EXPENSES NOT REIMBURSED BY INSURANCE: Doctor $50.00 Optical/Vision $20.00 Dental Orthodontic $100.00 Medicine/Prescriptions $30.00 -4- PERS~kL ~~5: Clothing $250.00 Food $640.00 Barber 8 Hair Dresser $35.00 Memberships $6.00 BJs Credit Cards $600.00 MI5CELLANI:OUS EXPENSES: Household Help None Child Care None Newspapers, Magazines Ft Books $40.00 Entertainment $50.00 Vacations $20.00 Gifts $32.00 Legal Fees $250.00 Charitable Contributions $40.00 Pet Expenses $10.00 Kids sports $37.00 Accountant $21.00 Child Support Annual Fee $2.00 Gateway Repayment $60.00 Tt3T ` ~' ; ~ 3 ~ , ,. -5- PART III. PROPERTY OWNED TYPE Dl~5CRIPTION VALUE H W JT Checking MEtT Bank 500.00 x Savings Credit Union Member's 15t only for van payments x Stocks/bonds Real Estate Other Other TOTAL 500.00 PART IV. INSURANCE TYPE COMPANY POLICY NO. H W C Hospital PHAA x x x Medical Health Accident Disability Income Dental Vision Other-Specify *H=Husband; W=Wife; J=Joint; C=Child -6- PART V. SUPPLEMENTAL INCOME STATEMENT [ ]CHECK HERE IF NOT APPLICABLE (a) This form is to be filled out by a person: (1) Who operates a business or practices a profession, or (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity (check block to indicate the document is attached): (1) The most recent Federal Income Tax Return. [x ]attached (2) The most recent Profit and Loss Statement. [ ]attached (c) Name of Business: Business Address: Business Telephone: Holly Miller 38 Kensington Drive, Camp Hill, PA 17011 737-7947 (d) Nature of Business (check one) [x] 1. Sole Proprietorship [ ] 2. Partnership [ ] 3. Joint Venture [ ] 4. Professional [ ] 5. Corporation [ ] 6. Other (e) Name of accountant, controller or other person in charge of financial records: (f) Bus 1. 2. 3. 4. 5. ;iness Income: Annual income from business: How often is income received: Gross income per pay period: Net income per pay period: Specify deductions, if any: Martin J. Flannery, accountant 430 North Enola Drive, Enola, PA 17025 Estimated C~ $11,000 weekly See Part 1 See Part 1 See Part 1 CERTIFICATE OF SERVICE I hereby certify that i am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows• James W. Abraham, Esquire 45 East Main Street Hummelstown, PA 17036 (Counsel for Defendant) CLIFF, ESQUIRE orney R stration No 32112) 344 a Road Camp Hill, PA 17011 Email: dianeradcliffCcomcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff, Holly C. Miller Dated: Q -8- ABRAHAM LAW OFFICES, LLC 45 East Main Street, Hummelstown, PA 17036 (717) 566-9380 " HOLLY C. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. : NO. 09 - 2081 CIVIL TERM RAYMOND A. MILLER : CIVIL ACTION - LAW Defendant : DIVORCE wa PRE-TRIAL STATEMENT OF DEFENDANT RAYMOND A. MILLER p=N? G tv =+ or $ AND NOW, comes Defendant, Raymond A. Miller, by and through his attorney, James W. Abraham, Esquire, Abraham Law Offices, LLC, Hummelstown, Pennsylvania and files the following: 1. Plaintiff, Holly C. Miller (hereinafter "Wife" ) is an adult individual who resides at 38 Kensington Drive, Camp Hill, Pennsylvania and is presently forty-one (41) years of age. 2. Defendant, Raymond A. Miller (hereinafter "Husband") is an adult individual who currently resides at 107 Oneida Road, Camp Hill, Pennsylvania and is presently fifty-two (52) years of age. 3. The parties have been married for three and one-half (3 '/2) years from the date of their marriage on July 31, 2004 through their date of final separation in January 12, 2008 when Wife moved out of the marital residence. C J. c T r 4. Wife filed for divorce on April 2, 2009 and made a claim for alimony pendente lite ("APL") and was awarded $718.00 per month by Domestic Relations and to date, has received over Eleven Thousand ($11,000.00) Dollars in APL in sixteen (16) months in a three and one-half (3 %2) year marriage. The Domestic Relations Order dated April 29, 2009 as to APL is attached hereto as Exhibit "A". 5. It was clear to Husband that Wife had no intention of proceeding to court or taking any measures to finalize the divorce in order to continue receiving APL for as long as possible and therefore Husband filed his Income & Expense Statement and Inventory on March 5, 2010 and Motion To Appoint Master on May 14, 2010. 6. Husband works for PHEAA and currently earns approximately $64,000.00 gross per year and Wife operates a day care center from her home and has a reported annual gross income of approximately $15,000.00, but with her experience in daycare, Wife could easily earn significantly more if was employed at a certified daycare center. 7. The former marital residence at 107 Oneida Road, Camp Hill, Pennsylvania (hereinafter "the Property"), is a pre-marital asset of Husband who purchased the Property on June 14, 2002 for $92,000.00. Husband's HUD-1 Settlement Statement is attached hereto as Exhibit "B". 8. Husband submits that the gross increase in value from July, 2004 through December, 2007/January, 2008 is less than Thirteen Thousand ($13,000.00) Dollars, as stated in a market analysis by The Homestead Group which placed the fair market value in June, 2004 at $127,000.00 and the fair market value in April, 2009 at $140,000.00, one and a half (1 '/2) years after the date of final separation. The market analysis is attached hereto as Exhibit "C". 2 9. Husband directly contributed to the increase in value of the Property for Wife's sole benefit, in that just prior to marriage, from May through July, 2004, Husband made numerous structural improvements, on his own, to the Property in order to accommodate and provide living quarters for Wife's two (2) other children and Husband completed a "half bath" after the marriage and Wife made little or no contributions to the increase in value of the Property 10. Husband began working at PHEAA on October 28, 2002, almost two (2) years prior to the parties' marriage. Husband's SERS contributions plan, based upon 5.1 years of employment as of the date of final separation, i.e., December, 2007/January, 2008, was approximately $20,000.00. The annual contribution amounts to approximately $3,921.00 ($20,000.00 divided by 5.1) and over 3.5 years of marriage, amounts to $13,725.00. Husband's December, 2007 SERS statement is attached hereto as Exhibit "D". 11. Husband's SERS defined benefit plan has a value of $76,861.00 as of the date of final separation, i.e., December,2007/January, 2008, based upon 5.1 years of employment. Based upon 3.5 years, said value is $52,747.00, or sixty-eight (68%) percent of $76,861.00. Husband's annual annuity monthly benefit as of the date of final separation is $265.14 and sixty-eight (68%) percent of which is $180.29 and fifty (50%) percent thereof is $90.14. Husband's December, 2007 SERS statement is attached hereto as Exhibit "D". 12. Husband cannot access his SERS defined benefit plan until retirement and can only take a monthly annuity and not a lump sum upon retirement and Wife should be subject to the same restrictions and conditions and receive her equitable share in a monthly payment at the time of Husband's retirement. 3 13. Husband has three (3) pre-marital 401(k) retirement accounts, which are a GNC, D&B and Ciber account, which overall have a negative increase in value from the date of separation to their approximate current value, as the CIBER account value decreased by approximately $4,000.00 and the other two (2) accounts increased by approximately $2,400.00. The account statements of the 401(k) accounts are attached hereto as Exhibit "E". 14. DIVORCE CODE FACTORS AS TO EQUITABLE DISTRIBUTION ALIMONY & ATTORNEY FEES: The applicable Divorce Code factors, include but are not limited to, the following: A. The length of the parties' marriage of only three and one half (3 '/2) years; B. Wife has received APL for sixteen (16) months in the amount of $718.00 per month and will and/or may continue to receive said amount while the litigation continues which could be thousands of dollars more. C. Wife contributed little or nothing to the marital estate during the marriage; D. Although Wife has been the primary physical custodian of the parties' child since separation, Husband has filed for shared physical custody and is awaiting trial. E. Wife has had an ongoing relationship with another man since on or about April, 2009 and may have future financial support with said person. 4 . f Therefore, Husband proposes the following distribution: A. In view of the exorbitant APL payments received by Wife, said APL would offset Wife's interest in any increase in value of the Property and Husband's contributions alone constituted the primary increase in value of the Property. B.. Husband's annual increase in value of his SERS contributions plan is approximately $3,921.00 per year and in three and one-half (3 %2) years, amounts to approximately $13,725.00 and fifty (50%) percent of which is $6,862.00 and therefore Husband would transfer $6,862.00 to Wife by QDRO. C. Wife would receive fifty (50%) percent of Husband's SERS defined benefit plan in the amount of $90.00 per month at the time of Husband's retirement by QDRO. D. In view of the aforesaid APL payments in a three and one-half (3 %2) year marriage and Wife's ability to earn more money if employed at a certified daycare center, Wife is not entitled to alimony and each party would be responsible to pay their own attorney fees. 15. LENGTH OF HEARING: Husband submits that the Master's hearing will take one half (1/2) day. 5 16. WITNESSES & EXHIBITS: Witnesses: 1) Husband 2) Elizabeth Knouse, The Homestead Group 3) Wife on cross-examination. 4) Any witnesses presented by Wife on cross-examination. J 5) Husband reserves the right to call additional witnesses, including expert witnesses, for purposes of rebuttal or as permitted by the Court. 1 •l •. 1) All pleadings, including but not limited to, Husband's Income & Expense Statement and Inventory. 2) All documents attached hereto. 3) Husband reserves the right to submit additional exhibits, including expert reports, for purposes of rebuttal or as permitted by the Court. 17. SPECIAL EVIDENTIARY ISSUES: Husband is not aware of an evidentiary issues. WHEREFORE, Husband respectfully requests Your Honorable Court to enter an order as to property distribution, alimony and attorney fees as stated in paragraph 14 herein and enter a final divorce. 6 Respectfully submitted: f? James W. Abraham, Esquire Abraham Law Offices, LLC 45 East Main Street Hummelstown, PA 17036 (717) 566-9380 Attorney for Defendant, Raymond A. Miller DATE: 8/27/10 7 VERIFICATION I, James W. Abraham, Esquire, the undersigned, hereby verify and confirm that I have reviewed the foregoing document with Defendant, Raymond A. Miller, by e-mail and telephone, and the statements made therein are true and correct to the best of Defendant's knowledge, information and belief. Defendant, further understands that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. DATE: 8/27/10 - Attorney for Defendant, Raymond A. Miller 0 , % In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION HOLLY C. MILLER Plaintiff vs. RAYMOND A. MILLER Defendant Order Number 00086 S 2008 PACSES Case Number 751109783 Docket Number 00086 S 2008 Other State ID Number ORDER OF COURT Q Final Q Interim ® Modified AND NOW, =29THDAYF APRIL, 2009 ) based upon the Court's determination that the Payee's monthly net income is $ 817.14 and the Payor's monthly net income is $ 3, 972.85 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit SEVEN HUNDRED SEVENTY TWO AND XX/100 Dollars ($ 772.00 ) a month payable BIWEEKLY as follows: first payment due NEXT MODIFIED WAGE ATTACHED PAYMENT. C 4ETheelleui-v-e date of the order is 04; 02/09 Arrears set at $ 3 9 6 . 9 9 as of APRIL 29, 2 o o 9 are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name Birth Date MADISON J. MILLER 11/22/04 Form OE-518 Rev.6 Service Type M Worker ID 21005 .. 0 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: 751109783 Docket Number: 00086 S 2008 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. APRIL 29, 2009 SUMMARY OF TRIER OF FACT Plaintiff Information HOLLY C. MILLER Address: 38 KENSINGTON DR CAMP HILL PA 17011-7912 Defendant Information RAYMOND A. MILLER Address: 107 ONEIDA RD CAMP HILL PA 17011-6740 Employer: Employer: PA HIGHER ED ASSISTANCE AGENCY 1200 N 7TH ST HARRISBURG PA 17102-1419 Attorney: Attorney: DIANE G. RADCLIFF, ESQ. PATRICK F. LAUER, JR. ? Complaint for Support ® Petition for Modification Filed 04 / 02 / 0 9 ? Other Reason for Conference: WIFE FILED FOR A CHILD SUPPORT MODIFICATION AND FILED A REQUEST FOR ALIMONY PENDENTE LITE, PACSES #299110778 AND DOCKETED AT 09-2081 CIVIL TERM Dependent(s) MADISON J. MILLER 11/22/0 4 - -8887 Current Order: $5 0 0 . 0 0 / per month 02/26/08 AGREEMENT ORDER. Service Type M Form CM-022 Rev.3 Worker ID n, nncz . . • L i 1 MILLER V, MILLER Plaintiff Information Current Income: $926.25/M NET BUSINESS INCOME $817.14/M NET INCOME Tax Return: H-2 Medical Coverage: Child Care/Tuition: NONE Additional Obligations: THERE ARE FOUR ADDITIONAL CHILDREN FROM A PREVIOUS MARRIAGE, AGES, 14, 12,10, & 9 YRS OF AGE. SHE RCVS SUPPORT IN THE AMOUNT OF $1250/M PACSES Case Number: 751109783 Defendant Information 2661.60/B GROSS $3972.85 P-2 DEF MAY CLAIM THE CHILD OF THIS ORDER AS A DEPENDENCY TAX EXEMPTION HAS COVERAGE FOR HIMSELF, WIFE, AND CHILD AT A COST OF $26.62/B Other Information: 7/31/04: PARTIES ARE MARRIED AND THERE IS ONE CHILD OF THE MARRIAGE, MADISON. MADISON WAS BORN ON 11/22/04. MADISON HAS A MEDICAL CONDITION THAT IS A FORM OF DWARFISM. SHE DOES NEED SOME ADDITIONAL ASSISTANCE IN DAILY FUNCTIONS. 12/08: PARTIES SEPARATED 4/2/09: WIFE FILED FOR A DIVORCE AND APL. WIFE IS SELF-EMPLOYED AND HAS A DAYCARE BUSINESS. SHE IS NOT DPW LICENSED DUE THE RENTAL HOUSE NOT BEING ABLE TO BE CERTIFIED. SHE CAN ONLY CARE FOR THREE FULL TIME CHILDREN IN A NON LICENSED DAY CARE CENTER. SHE HAS NOT WORKED OUT- SIDE OF THE DAY CARE BUSINESS FOR 16 YRS. SHE RAN A LICENSED CENTER IN THE MARITAL HOME. SHE HAS THREE FULL TIME CHILDREN & ONE PART TIME CHILD. HUSBAND RESIDES IN THE MARITAL HOME AND THE HOME WAS PRE-MARITAL AND OWNED BY HIM. Page 2 of 3 Form CM-022 Rev.3 Service Type M Worker ID - ) i n n q MILLER V. MILLER PACSES Case Number: 751109783 Other Information (continued): Facts Agreed Upon: Facts in Dispute and Contentions with Respect to Facts in Dispute: Guideline Amount: $ 1, 4 8 0.3 0 ( MONTH DRS Recommended Amount: $ 1, 4 8 0.0 0 / MONTH DRS Recommended Order Effective Date: 04/02/09 Parties to he (oxe ed by commended Order Amount: $762.00/M CHILD SUPPORT $718.00/M APL Guideline Deviation: 0 YES or ® NO Reason for Deviation: Submitted by: R. J. SHADDAY Date Prepared: Page 3 of 3 Service Type M APRIL 29, 2009 Form CM-022 Rev.3 Worker ID 21005 A. Srettlerllent'StafeRrlent U,S Department of Housing and Urban Development ?^. % -ir r OMB No. 2502-0265 B. Type of Loan 1. R1 FHA 2, FmHA 3, n Conv. tJnins File Nutlll?er Lgan ymber Mortgage Insurance Case Number 4. 7 VA 5. Ej Conv, Ins C. NOTE: This form s furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "p.o.o" were paid outside of closing; they are shown here for informational pgrposes and are not Included in the totals. D. NAME AND ADDRESS OF 8ORRQWER: RAYMOND A. MILLER 814 SAMOSET DRIVE, HARRISBURG, PA 17109 E. NAME AND A.DDRE§,S OF SELLER: EDWIN W. GEIGER SARAH L GEIGER 167 ONEIDA ROAD, CAMP HILL, PA 17011 107 ONEIDA ROAD, CAMP HILL, PA 17011 EQUITY ONE INCORPORATbO F. NAME ANDA0ARESS OF LENDER: 301 LIPPINCOTT DRIVE SUITE 100, MARLTON, NJ 08053 G. PRQf%RTY 107 ONEIDA ROAD LOCATIOV CAMP HILL, PA 17011 H. SETTLEMENT AGENT: Ceder Cliff Abstract Agency, Inc. PLACE OF SETTLEMENT: 414 Bridge Street New Cumberland, PA 17070 TIN: 23-l1a4185 1. SETTLEMENT DATE: l 06114/2002 RESCI 101. Contract Sales Price 2 000, 00 401. Contract Sales Price s92,000.00 102. Personal Property 402. Personal property (from line 1400) $6,808.69 _ 104, 404. 105 405. ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVA 106. City/town taxes to NCE: ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVA 406. Cityltown Taxes to NCE: 107. County Taxes 0611412002 to 0110112003 $193.92 407. County Taxes 0611412002 to 011P112003 $193.92 106. Assessments 0611412002 to 0710112002 $47.34 408. Assessments 0611412002 to 0710112002 $47.34 109. 409. 110, SEWER FROM 6-14-02 TO 6-30-02 $10.24 410. SEWER FROM 6-14-02 TO 6-30-02 $10.24 111, 411 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER: $99,060.19 420. GROSS AMOUNT DUE TO SELLER: ;2,251. 50 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS !N AMOUNT DUE TO SELLER: 201. Deposit or earnest money $1,000.00 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) --S92,045-00 502, Settlement charges to seller (line 1400) $5,729.00 --x- -- 203. Existing loan(s) taken sub)ect to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. SELLER ASSIST $4,000.00 506. SELLER ASSIST $4,000.00 207. -- --- 507. 208. 508. _ 209 509 ADJUSTMENTS FOR TEMS UNPAID BY SELLER: 210. Cityltown taxes to ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: 510. Cityltown taxes to 211. County taxes to 511. County taxes to 212. Assessments to 512. Assessments to 213, 513. 214. 514. 215 515. 215 516. 217. 617. _ 218, 516. 219. 519. 220. TOTAL PAID BYIFOR BORROWER: $96,045. 00 520. TOTAL REDUCTIONS IN AMOUNT DUE TO SELLER: $9, 728.00 301. Gross amount due from borrower (line 120) $99, 060.19 601. Gross amount due to seller (line 420) $92,251.50 302. Less amount paid by/tar borrower {line 220) $96,045.001 602. Less reductions in amt. due seller (line 520) $9, 728. 00 303. CASH ( N FROM) ( OTC ) BORROWER: $3, 015-191503. ASH ( Q FROM ) ( ® TO) SELLER: $82,523.50 HUD-1 (3-86) • RESPA, HS 4305.2 PAGE 1 F 700. TOTAL SALES/BROKER'S COMMISSION BASED ON PRICE $92,000-00 ® 5 % • $4,600.00 PAID FROM BORROWER'S FUNDS PAID FROM SELLER'S FUNDS DIVISION OF COMMISSION (LINE 700) AS FOLLOWS: AT AT 701. $2,275.00 to HOWARD HANNA DETWEILER REALTY SETTLEMENT SETTLEMENT 702. $2,325.00 to M.C. WALKER REALTY 703. $0,00 to 704. $0.00 t0 7m coeerdssion paid at seWemenl $4,600.00 706. ITEMS PAYABLE IN CONNECTION WITH LOAN: 800 . 601. Loan origination fee 1.0000% to EQUITY ONE INCORPORATED 897.00 602. Loan discount 1. 0000 % to EQUITY ONE INCORPORATED $910.45 603. Appraisal fee lo: E. J. XOPPENHAVER I $325.00 PO-C) 604. Credit report to: LENDER PD TO FIDELITY NATYONAL $14 . 00 Lender's tnspeeun fee LENDER PD TO E. J. HOPPENFLAVER 805 $75.00 . 606. Mongolia, insurance application fee to EQUITY ONE INCORPORATE,;:'. 907. Assumption fee EQUITY ONE INCORPORATED 808. FLOOD CERT-LENDER PD TO AGE/USA $11.00 909. 810. all. ITEMS REUUIRED BY LEKDER 10 BE PAID IN ADVANCE: DOD . 901. Interest from 06 14 2002 to 07/pl/2002 $16. 84. day 286.26 902. Mortgage insurance premium for 1. O D mos. to UPFRONT MIP $1,345,50 903. Hasefd insurance premium for 1. 00 yrs. to STATE FARM INSURANC ( $262.00 P.O.C.) 904. Flood Insurance premium for yrs. to 905. 1000. RESERVES DEPOSITED WITH LENDER: 100t. Hazard insurance 3. 00 months ® $21, 83 per month $65.49 1002. Mortgage Insurance months ® per month 1003. City properly loxes months 4$ per momin 1004. County property taxes 5, 00 months Q $28. 91 per month $144.55 1005. Annual assessments 13 . 00 months Q $78. 92 per month, $1, 025. 96 1006. Flood insurance months ® per month 1007, months ® per month 1008. months 0 • per month 1009. Aggregate nting Escrow Adjustment Accou (5159.29) 1100. 1101. Settlement or closing fee to 1102. Abstract or title search to . 1103. Tide examination to _ 1104. Title insurance binder to 1105. Documen4 preparatbn to STONE LAFAVER 6 SHE,KLETSXI $20.00 1106.Noiaryfeesto CASH - ?_ $15.00 $4.00 1107 Attorneys fees to (Includes above items Numtera. ) -- . INC. Title insurance to CEDAR CLIFF ABSTRACT AGENCY 1108 $810.75 , , (incWdes above items Numbers: TITLE INSURNACE ) 1109. Lenders coverage ( $91,045.00 ) 1110. Owners coverage ( $92, 000. 00) " 1111.END-100,300,8.1^ . $150.00 .,. 4-112. INSURED CLOSING LEMER - - - 4- -$35-. 00 - - 11tJ. 1200. GOVIRNMENT RECORDING AND TRANSFER CRARGES: 1201. Recording lees: Oeed $28.50 :mortgage $53.50 Releases 82 • 00 1202. City/county tax/stamps; Deed $1 840. 00 : Mortgage $920.00 $920.00 1203. State taodsiamps: Deed Mortgage 1204. RECORD ASSIGNMENT $14.00 1205. RECORD ASSIGNMENT-CREDIT ($14,00) 1301. Survey to 1302. Pest inspection to BOWERS PEST $35.00 1303. TRANSACTION FEE-HOWARD HANNA RE $125.00 1304. TRANSACTION FEE-M.C. WALKER RE $125.00 1305. TAX CERT FEE-M.C.WALKER RE $4.00 1306. MURREL WALTERS-DEED PREP $75.00 1307. ldnn TnTAI_SETTLEMENT CHARGES __ $6,808.69 $5,728. o0 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief. It is a true and accurate statement of at receipts and disbursements-made on my account or by me in this transaction. I further certify that I have received a/c/mooppy of the HUD-1 Settlement Statement. ,? ?O /•7/Z Sailor or Borrower. Date: Agent: Date -4- RAY D A. MILLER EDWIN W. GEIGER Borrower: Date: Seder Or Agenl: . Date: iSAfb H 1. -GEWSR The HUD-1 Settlement Statemenl which I have prepared is a true and accurate account of this transaction. I have cau will cause t fun s to be disbursed in accordance with this statement. ' ( v? Date: Settlement Agent: Date: O DA V1 WARNING: It is a crime to knowingly make false statements to the United Stales on this or any other similar form. Penalties upon conviction can Include a fine and imprison- ment For detalls see: Tide 18 U.S. Code Section 1005 and Section 1010. N i G4 '?? EC "Wit T 10099378 Sold West Shore 13chools Lower Allen Camp Hill 17011 BR/FB/HB/FP 3 / 2 Type Detached Design Cape Cod Style 1.5 Story Sq Ft 1269 Built 1954 Acres 0.1600 Ext Brick Wtr/Swr Public Sewer, Public W Heat Oil Cool Central Air Parking Off Street Parking Bsment Finished, Full, Interior Access 3.OV 3.OV Tax $ 0 00 DOM 4 3/9/200410:31 $/SgFt $101.26 Home Assn or Condo Fee = $ GREAT CAMP HILL BRICK CAPE COD FEATURING 3 BEDROOMS, 2 FULL BATHS, LIVING ROOM W/FIREPLACE, FINISHED LOWER LEVEL W/WET BAR, CENTRAL AIR, NEW WINDOWS, NEWER ROOF, PLENTY OF CLOSET SPACE AND MORE. TRAVELING WEST ON TRINDLE RD, LEFT ON ST. JOHN'S, RIGHT ON ONEIDA. THE HOMESTEAD GROUP... Office: (717) 763-7500 JULIE BIDEN-DEPPEN Phone: (717) 979-2769 10098489 Sold $124,000 $124,000 1181 SHOREHAM ROAD ' HIGHLAND PARK West Shore Schools Lower Allen Camp Hill j 17011 BR/FB/HB/FP 3 / 1 / 1 Type Detached Design Ranch Style 1 Story Sq Ft 1262 Built 1950 Acres 0.1400 Ext Aluminum, Brick, Vinyl Wtr/Swr Public Sewer, Public Water Heat Forced Air, Natural Gas Cool Central Air Parking 1 Car Carport Bsment Unfinished 3 3 Tax $1500 2004 DOM 2 2/12/2004 9:10... $/SgFt $98.26 Home Assn or Condo Fee = $ VERY NICE RANCH HOME IN HIGHLAND PK. FRESH PAINT THROUGHOUT. BATH HAS NEW CERAMIC TILE ON FLOOR & SHOWER. WELL DECORATED. MASTER BATH HAS WALK IN CLOSETS AND POWDER RM. MANY NEW PELLA WINDOWS. DECK, PATIO, GAS HEAT, GAS FP, APPLIANCES, TO CONVEY IN "AS IS COND" SUPER CONVENIENT LOCATION, AHS HOME WARRANTY. EXT ACCESS TO BASEMENT, CAL 83 S TO HIGHLAND PARK EXIT, L/ LOWTHER, L/ NORMAN, L/ SHOREHAM. RE/MAX REALTY ASSOCIA,.. Office: (717) 761-6300 JOE SCHUETZ Voice: (717) 591-2233 10108929 Sold $124,900 $122,000 3421 LOGAN STREET HOLLYWOOD Camp Hill Schools Camp Hill Camp Hill 17011 BR/FB/HB/FP 3 / 1 1 Type Detached Design Ranch Style 1 Story Sq Ft 1288 Built 1958 Acres Ext Aluminum, Brick Wtr/Swr Public Sewer, Public Water Heat Forced Air, Natural Gas Cool Parking 1 Car Carport Bsment Full, Unfinished 2.75 0 I Tax $1917 2004 DOM 21 11/9/2004 2:28... $/SgFt $94.72 Home Assn or Condo Fee = $ GREAT CAMP HILL BORO LOCATION AT AN AFFORDABLE PRICE. THIS NICE RANCH HAS ALOT OF POTENTIAL & NEEDS SOME UPDATING. FEATURES INCLUDE: HARDWOOD FLOORS, NEW WINDOWS IN THE 3 BRS & BATH, I GAS HEAT & CENTRAL AIR, FIREPLACE W/ GAS LOGS, NEW WATER PROOFING SYSTEM IN BSMT, CARPORT W/SHED, FENCED YARD, WASHER & DRYER WILL STAY. GREAT FOR A HANDY FIRST FROM RT 15: W/MARKET ST, R/34TH ST, L/LOGAN, PROP ON LEFT RE/MAX REALTY ASSOCIA.... Offce: (717) 761-6300 STEVE NORFORD Phone: (717) 591-7780 $126,900 $128,5( 89 ONEIDA ROAD tead $144,900 $144,900 202 CUMBERLAND DR Cumberland Park { West Shore Schools Lower Allen Camp Hill I 17011-6672 1 BR/FB/HB/FP 4 / 1 / 0 / 0 Type Detached Design Cape Cod Style 2 Story Sq Ft 1172 Built 1954 Acres 0,1500 Ext Vinyl Wtr/Swr Public Sewer, Public Water Heat Forced Air, Natural Gas Cool Central Air Parking 1 Car Garage Bsment Concrete Floor, Interior Access, Unfinished i3 3 Tax $1640 2008 1 DOM 3 11/10/2008 11:... $/SgFt $123.63 ` Home Assn or Condo Fee = $ ADORABLE CAPE COD. 4 BEDROOM, 1 BATH RANCH. UNUSUAL CUMBERLAND PARK HOME WITH BASEMENT AND OVER SIZED 1 CAR GARAGE. MANY NEW ADDITIONS IN THE LAST 3 YEARS. NEW A/C, NEW VINYL KITCHEN FLOOR, NEW LAMINATE FLOORS IN LR, MSTR BR & 2ND BR DOWNSTAIRS. NEW LANDSCAPING, FISH POND W/ PUMP AND GOLDFISH. NEW DISHWASHER. RE/MAX 1ST ADVANTAGE Office: (717) 591-5555 RE/MAX REALTY ASSOCIA... SANDY GOLESH Phone: (717) 877-8073 ROSS GAHAGAN 10171822 Sold I $139,900 _ $145,000 1189 KINGSLEY ROAD HIGHLAND PARK West Shore Schools Lower Allen y Camp Hill 17011 BR/FB/HB/FP 4 / 1 / 0 / 0 Type Detached Design Ranch Style 1 Story Sq Ft 1233 Built 1952 Acres 0,1$00 Ext Vinyl Wtr/Swr Public Sewer, Public Water Heat Forced Air, Natural Gas Cool Central Air Parking Off Street Parking Bsment Full, Partially Finished 3 0 Tax $1700 08 DOM 118 10/27/20081:5. $/SgFt $117.60 Home Assn or Condo Fee = $ MOVE RIGHT IN! QUICK SETTLEMENT OK! THIS CHARMING RANCH INCLUDES A NICE LEVEL LOT, REMODELED KITCHEN & LARGE COVERED REAR PATIO. RECENT UPDATES INCLUDE ROOF, FURNACE & C/A AND HOT WATER HEATER. BASEMENT IS PART. FINISHED WITH TOILET. BEAUTIFUL HARDWOOD FLOORS THROUGHOUT. EAST ON CARLISLE RD, L/ WARWICK, R/ NORMAN, L/ KINGSLEY 1016483 Sold 50 Old Orchard Circle RIVERVIEW WEST West Shore Schools Camp Hill Camp Hill 17011 BR/FB/HB/FP 3 / 1 1 Type Detached Design Ranch Style 1 Story Sq Ft 1200 Built 1962 Acres 0.3500 Ext Brick Wtr/Swr Public Sewer, Public Water Heat Baseboard, Hot Water, Oil Cool Ceiling Fan, Central Air Parking 1 Car Carport, Attached, Off Street Parking, Paved Drive, Side Entry Bsment Concrete Floor, Full, Interior Access 2.5 2.5 Tax $2118 2007 DOM 42 6/3/2008 7:59:... $/SgFt $120.83 Home Assn or Condo Fee = $ ....__._...... _._._. --......... .............. ENJOY THIS 3 BEDROOM BRICK RANCH HOME WITH INGROUND POOL & CA. LOCATED IN QUIET NEIGHBORHOOD AND ON f CULDESAC. HARDWOOD FLOORS f THROUGHOUT AND A WOOD FIREPLACE IN LIVING ROOM. ENJOY THE SUMMER MONTHS COOKING OUT AND SWIMMING IN THE INGROUND POOL. ALL KITCHEN APPLIANCES STAY. CLICK ON THE VIRTUAL TOUR BUTTON & j CALL FOR AN APPOINTMENT 2 SEE ERFORD RD TO (R) ON POPLAR CHURCH TO (L) Yverdon TO (L) ORCHARD CIRCLE TO (L)' ON OLD ORCHARD CIRCLE i Office: (717) 761-63001 j RE/MAX DELTA GROUP, I... Office: (717) 652-8200 CELL: (717) 648-0675 TERESA Br-MNGER CELL: (717) 877-5249 $173,500 $145 10172335 * ' ` ' I'Sold .. t, 2007 Statement of Account - Estimated Retirement Benefits Prepared for SERS Member: RAY A MILLER Normal Retirement Date: Nov 13, 2017 Estimated retirement benefits are provided if you have at least five years of Credited Service or you have reached your Normal Retirement Date and have at least three years of Credited Service. If you have projected benefits, any limits mandated by the Internal Revenue Service or the State Employees' Retirement Code, have not been applied. S R Multiple Service Note If you have Credited Service as a Multiple Service member (service in both SERS and PSERS (Public School Employees' Retirement System)), your estimate does not include your PSERS contributions. Your estimated benefit may be overstated if in any calendar year you have concurrent service; that is you contributed to both systems at the same time during any year of membership. Benefit Payment Option As of As of Normal December 31, 2007 Retirement Date - Nov 13 2017 , Ma4mum Single Life Annuity This. 0Ftion prov ides you with the maximum monthly annuity for life. If you die before receiving payments equal to your Accumulated Deductions, the balance will be paid to your B`oneticiaries.? You may name one or more Beneficiaries and ma chan e B fi i $ 3 6 9 . 6 0 $ 2; 12 5 , 0 y g ene c aries at any time. Option 1 Retirement This option provides you with a reduced monthly annuity for life. When you retire, a Present Value is placed on your retirement account. If you die before receiving payments equal to your Present Value, the balance will be paid to your Beneficiaries. You may name one or, e Beneficiaries and may change Beneficiaries at an ti $ 3 5 7 .7 6 $1, 9 8 5.10 y me. Disabii Retirements You mint cer?itied.b n" i' dependeh" tMedical Examiner retained by SERS as physicall y or mentally ,i6cap? ble of performing current job duties and have at least five years of Credited, Service (except State Police and Enforcement.Officer-category employees who have i $1, 713.78 , io minimum S?-n,iee tegtritemetit)..Onhj active, eontributing.members or those on leave zdit/io,:k;pay may:a ply for Disabilit Retire e t Y n y m n . ou ca not withdraw your Accumulated Dedff fioi ns if you tze'Disability Ret rement. Death In State Service If you are Vested (eligible to receive a SERS monthly pension) and die while an Active employee, it will be assumed you retired under Option 1 the day before your death. The Present Value of your annuity will be pa able to o B fi $76, 861-92 y y ur ene ciaries. If you are not vested, your Accumulated Deductions will be payable to your Beneficiaries. AM-1 III 11TI ME M41 Balance of Accumulated Deductions $19 899.39 $80 143 5 , , . 9 Adjusted Maximum Single Life Annuity This option provides you with the maximum monthly annuity for Iife. When you withdraw your total Accumulated Deductions, there is no Death Benefit a bl $ 2 7 3 ' 91 $1, 65 7 . 9 ] p ya e. Adjusted Option 1 Retirement This option provides you with a reduced monthly annuity for life. When you retire, a Present Value is placed on your retirement account. If you die before receiving payments e ual t P $ 2 6 5 q o your resent Value, the balance will be paid to your Beneficiaries. .14 $1 5 4 8 . 4 7 ' 046717 2007 Statement of Account, Basic Data S E as of December 31, 2007 1i RS Prepared for SERS Member: RAY A MILLER Personal Data Social Security Number XXX-XX- 0 0 4 0 Sex MALE Birth Date Nov 13, 1957 Coverage Type FULL Contribution Rate 6.25 ` Counseling Center HARRISBURG Normal Retirement Date Nov 13, 2017 Final Average Salary $61,696.12 2007 Retirement Covered Earnings $67,518.40 Total SSI Non-Covered Earnings Joint Coverage Conversion Amount Mandatory Debt Service Purchase Debt Class Service Years of Service Credit Class Years of Service AA-60 5.1364 Total Service 5.364 NOTE: If you are eligible to purchase Creditable State and/or non-State Service, contact your Retirement Counselor. All requests to purchase service must be filed while you are an Active, contributing Member. Acc ount Balance Regular Contributions SSI Contributions December 31, 2006 Balance $14,998.02 Contributions $4,219.90 Lump Sum Payments Arrears Payments Credited Interest $681, 4 7 YTD Adjustments December 31, 2007 Balance $19 , 8 9 9 . 3 9 Total Accumulated Deductions: $19 8 9 9. 3 9 NOTE: YTD (Year-To-Date) Adjustments reflect corrections to your account for which you already have received notification. Arrears Balance Regular SSI Taxable Breakdown of Your A Taxable Contributions ccount $18,114.78 Pre 87 Non-Taxable Contributions Post 86 Non-Taxable Contributions Credited Interest (Taxable) $1,784.61 December 31, 2007 Balance $19,899.39 NOTE: SERS is treated as a Defined Benefit Plan under Internal Revenue Code, Section 401 (a). Principal NOTE: Information filed on a Beneficiary Nomination form before 1993 or since December 31, 2007, or involving special circumstances (such as the designation of an estate or trust as your Beneficiary) may not appear. A maximum of 10 Beneficiaries may be shown here; however, you may have more Beneficiaries on your retirement record. Keep your Beneficiary information current. You may change your Beneficiary nomination at any time by filing a new Beneficiary Nomination form with SERS. Forms are available online at www.sers.state.pa.us, from your agency Human Resources Office or your Regional Retirement Counseling Center. Please contact us if you do not want your Beneficiaries listed on future statements. - -, EXHIBIT "E" t 3 m x v N N 3 • • • .. k tD d ? N _ N p Q _ ? .O Q [ K m .n ?, o o ? O ? ? L7 m m N ?. y0 p a m n OD ? ? m m a. d ? m ?• - m ID ? CD C< G m m y a fD o C c I y ? < s C 0 ? W D $ o. Z3 : 3 o. N a o D o m? c m m o a g m _ a,n o =d 8 21 z C CDD C co CD o CD C N N \ of E.y4 Q1 m = CD ? n Q a ? N in (T 69 vt f1 CD n O w O O A p W 07 m ? n a CD m ti N C H to 40 CD 3 S? w N CD d m in O fA O1 O ;,'w _ v W C j = CD !+ p 1 O V U1 LO Cn O r Q N ?. O D C 9 C (n a N lD T m r ? u a W CD y ?J c (D O p R f: p ? p ? ?? o O ? a 3P 32 ` a S .n n m D°D" ?0 =`-^z Gov D D Dv? r ? r o m N CD O 2 (D O O cD V. o < c-> 0 o c c -? a CD oc m ? (D < ti o a m o ? T < 1 m x 3 m ? x a. a p? CD d o - q s a CD A Z n r l V o as dQ p d '-''SOUR RETIREMENT SAVINGS STATEMENT General Nutrition Live Well Later 401(K) Plan 11 0001781 11402071 RAYMOND A MILLER s 107 ONEIDA RD CAMP HILL PA 17011 ACCOUNT SUMMARY Beginning Balance on 10/01/2007 $7,388.75 Unrealized Gain/Loss $90.00 Ending Balance on 12/31/2007 $7,478.75 Net Change Vested Balance Year to Date Contributions Your Personal Rate of Return $90.00 $7,023.06 $0.00 1.22% G N C LiveWell. 10/01/2007 '1 P Vag e1 loft All the data you need to track your retirement investment is here. This statement is designed to keep you up to date on the status of your account so you can effectively plan and invest for your future. Take a minute to review your statement carefully and report any incorrect information immediately. N ty ACCOUNT GROWTH 9,000 7,200 5,400 06/06 12/06 06/07 12/07 -T- Account Balance Account Internal Rate of Return from 01/01/20071o 12/31/2007: 4.78% 06/30/2006 12/31/2006 06/30/2007 12/31/2007 $6,980.82. _ -- $7,137.50 $7,301.97 _ $7,478.75 _ The growth of your account can be influenced by a number of factors, including the specific investment options selected, the diversification of your investment among asset classes and the contributions to your account. Past performance does not guarantee future results. if you would like to make changes to any of these areas, contact a representative or go online to wwwwachovia.com/myretireplan. VESTING INFORMATION Balance on Vesting tested balance is the amount thot,s already 12/31/2007 Percentage Vested Balance yours based on the amount of time you 401(k)Elective $5,200.31 100.00% $5,200.31 have been working for this employer, as our schedule of lan defined in the vestin Employer Match $1285.96 80.00/0 $1028.77 p y . g FIN Goal Match 992.48 80.00% 793.98 Any difference between your account balance and your vested balance will be Total 478.75 $7 $7,023.06 forfeited if you leave your employer before , you are fully vested. RAYMOND A MILLER 004183 AMP 11402071 2 2700591 200801091508 C J39593 20080109 NNNNNN S TERM YOUR RETIREMENT SAVINGS STATEMENT General Nutrition Live Well Later 401(K) Plan 058396 0OE1T11L 11402071 RAYMOND A MILLER 107 ONEIDA RD -?? CAMP HILL PA 17011 G NC LiveWeU. 10101/2008 to 12/31/2008 Page 1 of 4 ACCOUNT SUMMARY All the data you need to track your retirement investment is here. This Beginning Balance on 10101008 741.24 statement is designed to keep you up to $7 Unrealized Gain/Loss , $72.59 date on the status of your account so you Ending Balance on 12131/2008 813.83 can effectively plan and invest for your $7 , future. Take a minute to review your Net Change $72.59 statement carefully and report any incorrect Vested Balance $7,337.73 information immediately. Your Personal Rate of Return 0.94% ACCOUNT GROWTH 6,000 Your Personal Rate of Return From 01/01/2008 to 12/31/2008: 4.48% 4,000 0613012007 12131!2007 06/3012008 12/31/2008 $7,301.97 $7,478.75 $7,653.66 $7,813.83 0 --? - 06/07 12/07 0 The growth of your account can be influenced b y a number of factors, including the specific investment options selected - 061 8 12/08 , the diversification of your investment among asset classes and the contributions to your account. Past performance does * Account Balance not guarantee future results. If you would like to make changes to any of these areas, contact a representative or go online to www.wachovia.com/myretireplan. ii VESTING INFORMATION Vested balance is the amount that is Balance on Vesting Vested already yours based on the amount of time you have been working for this 12/3112008 Percentage Balance r employer, as defined in the vesting 401(k)Elective $5,433.31 100% $5,433.31 schedule of your plan. Any difference Employer Match $1,343.57 80% $1 074.86 between your account balance and e FIN Goal Match , $1,036.95 80% $829.56 your vested balance will be forfeited if you!eave your employer before you Total $7,813.83 $7,337.73 ?.. are fully vested r RAYMOND A MILLER 2700591 ODE1T11L 058396 011211123011 YNNNN NNNNN NN NNNNN NNNNN NNN 000001 306,401 MILLER, ,RAYMOND A 75603 - GNC LIVE WELL LATER 401(K) PLAN #' , GNC Live Well Later 401(k) Plan RAYMOND A MILLER 107 ONEIDA RD CAMP HILL, PA 17011- Your Account Summary Beginning Balance Balance Forward Change in Account Value Ending Balance Additional Information Vested Balance $0.00 $7,871.43 $13,66 $7,885.09 $7,404,64 Your Personal Rate of Return This Period 0.2% Your Personal Rate of Return is calculated with a time-weighted formula, widely used by financial analysts to calculate investment earnings. It reflects the results of your investment selections as well as any activity in the plan account(s) shown. There are other Personal Rate of Return formulas used that may yield different results. Remember that past performance is no guarantee of future results. Your Asset Allocation Statement Period: 01/01/2009 to 06/02/2009 Why is This important? 13 e-Learning: Learn about asset allocation. Retirement Savings Statement W Customer Service: (800) 835-5095 Fidelity Investments Institutional Operations Company, Inc. 82 Devonshire Street Boston, MA 02109 N 100.00% Bond Investments: $7,885.09 Your account is allocated among the asset classes specified above as of 06/0212009. Percentages and totals may not be exact due to rounding. Statement Period: 01/01/2009 to 06/02/2009 • Page 1 of 3 L<#-+....,.!!.<.,...t....?........-._.. .innr_-3 -1:.---____ 1_ -1-----r. /. -I ,I „ . ,.. - I_„ i Decide with Confidence ENV#MG028090 MG 93802 T RAYMOND A MILLER P.O. BOX 1466 MECHANICSBURG, PA 17055 Retirement Savings Statement July 1, 2004 - September 30, 2004 2 Customer Service Number: 1-877-362-8953 For calling collect from outside the U.S, 1-508-787-9494 For TDD line for the hearing' impaired 1-800-610-4015 PP/IP Internet address http://netbenefits.fidetity.com Your Account Summary Your Asset Allocation Beginning Balance $9,735 81 . Change in Market Value 462.05 Ending Balance St k 68% $1.0,197.86 oc s Additional Information Bond/iVtangd Inc 32% ?'Dividends & Interest $31.83 Your -Personal Rate of Return This Period 4.7% Year to Date 9 2% . Your Personal Rate of Return is calculated with a time-weighted formula; widely used by financial analysts to calculate investment earnings It reflects the results of your investment selections as well as any activit in the l Your investments are currently allocated among the displayed y p an account(s) shown, There are other Personal Rate of Return formulas us d that i asset classes. Percentages and totals may not be eXact due to rounding e may y eld different results. Remember that past performance is no guarantee of future . results. Market Value of Your Account This section displays the value of your account for the period, in both shares and dollars: Shares/Units Shares/Units Investment on 0613012004 on 0913012004 Price on Price on Market Value 0613012004 0913012004 et km :: : : on 0613012004 o n0 913012004 St©ck lnveat?nents S&P 500 Index T 73.827 73.827 BGI GI Stock Fund D&B S 6'5926 $33.77 $33.13 2 493 14 $:97285 9 58.159 s Legacy Fund 158.159 58.159 314 , . $20.23 $22.00 1,176.56 $24 70 2,445.8 1,279.50 . $27.92 2,872.96 3,247.49 13900/Managedi Income Special Fixed Income 3,193.150 .. _; 3,224.980 00 $3,193,15 $1 $1 00 13,224 Account TM!* V` . . 3,19115 3,224.98 Remember that a dividend payment to fund shareholders reduces the share price of the fund, so a decrease in the share price for the statement period does not necessarily reflect lower fund performance. Please read this statement carefully. Any error must be reported to Fidelity Investments within 90,days, 28090` MG028090 0001 20041018 MG4K Fidelity Employer Services Company, P.O. Sox 770003, Cincinnati, OH 45277-0065 Page 1 of ,5 - L • . I NIILLER, RAYMOND A 93802 - D&B 401(K) PLAN D&B 401(k) Plan RAYMOND A MILLER 107 ONEIDA ROAD CAMP HILL, PA 170'11 Retirement Savings Statement W Customer Service: (877) 362-8953 Fidelity Investments Institutional Operations Company, Inc. 82 Devonshire Street Boston, MA 02109 Your Account Summary Statement Period: 10/01/2007 to 12/31/2007 Beginning Balance $14,959.49 Change in Market Value -$382.93 Ending Balance $14,576.56 Additional Information Vested Balance $14,576.56 Dividends & Interest $5.44 Your Personal Rate of Return This Period -2.6% Your Personal Rate of Return is calculated with a time-weighted formula, widely used by financial analysts to calculate investment earnings. It reflects the results of your investment selections as well as any activity in the plan account(s)' shown: There are other Personal Rate of Return formulas used that may yield different results. Remember that past performance is no guarantee of future results. Your Asset Allocation Statement Period: 10/01/2007 to 12/31/2007 Why is This Important? f.I e-Learning: Learn about asset allocation. 21 Asset Allocation Chart Your account is allocated among the asset classes specified above as of 12/31/2007. Percentages and totals may not be exact due to rounding. The Additional-Fund Information section lists the underlying allocation of your blended funds. Page 1 of 7 M11-1.-Elk, "Y MUN D A 93802 - D&B 401(K) PLAN D&B 401(k) Plan RAYMOND A MILLER 107 ONEIDA ROAD CAMP HILL, PA 17011 Retirement Savings Statement W Customer Service: (877) 362-8953 Fidelity Investments Institutional Operations Company, Inc. 82 Devonshire Street Boston, MA 02109 Your Account Summary Statement Period: 10/01/2008 to 12/31/2008 Beginning Balance $13,400.45 Change in Market Value -$1,615.28 Ending Balance $11,785.17 Additional Information Vested Balance $11,785.17 Dividends & Interest $6.59 Your Personal Rate of Return This Period -12.1% Page 1 of 7 Your Personal Rate of Return is calculated with a time-weighted formula, widely used by financial _ analysts to calculate investment earnings. It reflects the results of your investment selections as,. well as any activity in the plan account(5) Shown. There are other Personal Rate of Return formulas used that may yield different results. Remember that past performance is no guarantee of future results. Your Asset Allocation Statement Period: 10/01/2008 to 12/31/2008 Why is This Important? D e-Learning: 'Learn about asset allocation. 0 Asset Allocation Chart i Your account is allocated among the asset classes specified above as of 12/31/2008. Percentages and totals may not be exact due to rounding. The Additional Fund _Information _ section lists the underlying allocation of your blended funds. htfrlS'/IWnTkriiA(.P.RPYll7! PC i nn fi?a??t? ?m/natha.,o?M/ 1 (--A (__ A 1 1Y111?LJ-mil\? 1\L-1 11Y1V1\1l !1 1JVVf+ - Lti1C+L TV 1`11 1 -1 Wr1q D&B 401(k) Plan RAYMOND A MILLER 107 ONEIDA ROAD CAMP HILL, PA 17011 aur,.. 1 vlv Retirement Savings Statement It Customer Service: (877) 362-8953 Fidelity Investments Institutional Operations Company, Inc. 82 Devonshire Street Boston, MA 02109 Your Account Summary Statement Period: 01/01/2009 to 03/31/2009 Beginning Balance $11,785.17 Change in Market Value -$469.82 Ending Balance $11,315.35 Additional Information Vested Balance $11,315.35 Dividends & Interest $7.51 Your Personal Rate of Return This Period -4.0% Your Personal Rate of Retum is calculated with a time-weighted formula, widely used by financial analysts to calculate investment earnings. It reflects the results of your investment selections as well as any activity In the plan account(s) shown. There are other Personal Rate of Return formulas used that may yield different results. Remember that past performance Is no guarantee of future results. Your Asset Allocation Statement Period: 01/01/2009 to 03/31/2009 Why is This Important? D e-Learning: Learn about asset allocation. ¦ 54.76% Stock Investments: $6,196.16 s1 45.24%Bond/Managed Income: $5,119.19 https://workplaceservices 100.fidelity.com/netbenefits/savings2Jsod/soddetail?sodPreview=... 6/3/2009 e PRINCIPAL LIFE INS. CO. P.OBOX 9394 DES MOINES, ES, 1A 50306-9394 Q t? Giber DE u CIBER, INC. SAVINGS 401(K) PLAN Contract Number 6-10804 004603 RAYMOND A MILLER PO BOX 1466 MECHANICSBURG, PA 17055 Identification Number XXX-XX-0040 Here is a summary of retirement account information from January 1, 2004 to December 31, 2004. ACCOUNT BALANCE TOTAL ACCOUNT BALANCE BY RISK CATEGORY TOTAL ACCOUNT BALANCE $19,366.55 J P NO $6,411.42 33% $5,1 26% Conservative l14,162.76 Z2% Moderate Aggressive Dynamic $3,680.71 19% PERSONALIZED` RATE OF RETURN For the report period 01/01/2004 - 12/31/2004 : 10.89% This is the percentage change, weighted for transactions, of individual investment options and your entire retirement plan portfolio over the time period of this report. It takes into consideration deposits, transfers, withdrawals, fees, and unit value changes or interest credited at the time of the calculation. Past results do not predict future results. MESSAGE BOARD Increase your savings for retirement. Did you know that saving as little as an extra 1 percent each year could make a big difference when you retire? This is due to compound earnings, which is a way retirement funds may grow faster. Compounding generates earnings on both the original investment option and the reinvested earnings. What does it take to become a millionaire? It may not be as impossible as it sounds! Find out for yourself by using the savings calculators located at www.principa(.com. Did you know that Social Security offers online calculators for estimating your potential benefit amounts? You can use different retirement dates and different levels of potential future earnings. Check out www.ssa.gov. Monthly Social Security benefits for more than 52 million Americans will increase 2.7 percent in 2005. Social Security benefits increase automatically each year based on the rise in the Bureau of Labor Statistcs' Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Please review this statement and notify us of any discrepancies within 90 days. After 90 days, corrections will be made on a current basis. WE UNDERSTAND WHAT Visit us at You may contact us at YOU'RE WORKING FOR® www.principal.com for 1-800-547-7754 to speak to a o online access to your benefit retirement counselor about the information, personal plan's benefits and your retirement ^^° information and to team more needs. We are available M-F Financia/ about your retirement plan. from lam - 9pm and Sat Sam - 6roup 2pm CT. PRINCIPAL LIFE INS. CO. P.O. BOX 9394 DES MOINES, IA 50306-9394 Location Number: 1 RAYMOND A MILLER 107 ONEIDA RD CAMP HILL, PA 17011-6740 ! • QUARTERLY STATEMENT October 1, 2007 -- December 31, 2007 cber CIBER, INC. SAVINGS 401(K) PLAN Contract Number: 610804 Identification Number: xxxxxG040 • Raymond? Simply look for this ban edge, ox thro aw - - 0csast-the stat>E:staert: I Ending Balance $24,805.12 Current Vested Balance $24,805.12 Personalized Rate of Return This Quarter -2.65% Personalized Rate of Return This Year S:900/6 Please review this statement carefully and notify us promptly in writing of any discrepancies within 90 days. After 90 days, corrections will be made on a current basis. F;r11,7a17Cia1 Grup WE -1, GIVE You AN EDGE" Page 7 of 8 1 Gr w. PRINCIPAL LIFE INS. CO. P.O. BOX 9394 DES MOINES, IA 50306-9394 • r •. n! 0 {QUARTERLY STATEMENT October 1, 2008 - December 31, 2008 cibr Location Number: 1 RAYMOND A MILLER 107 ONEIDA RD CAMP HILL, PA 17011-6740 CIBER, INC. SAVINGS 401(K) PLAN Contract Number: 610804 Identification Number: xxxxx0040 Need an edge, Raymond? Simply look for this box throughout the statement. Ending Balance $16,746.79 Current Vested Balance $16,746.79 Personalized Rate of Return This Quarter -17.59% Personalized Rate of Return This Year -32.49% Please review this statement carefully and notify us promptly in writing of any discrepancies within 90 days. After 90 days, corrections will be made on a current basis. Financial PP' Group WF.'1.1. GIVE YOU AN EL GIF"' Page 1 of 10 PRINCIPAL LIFE INS. CO. P.O. BOX 9394 DES MOINES, IA 50306-9394 4 1 ! -01 9 QUARTERLY STATEMENT January 1, 2009 -March 31, 20109 ciber Location Number: 1 RAYMOND A MILLER 107 ONEIDA RD CAMP HILL, PA 17011-6740 CIBER, INC. SAVINGS 401(K) PLAN Contract Number: 610804 Identification Number: xxxxx0040 Need an edge, Raymond? Simply look for this box throughout the statement. Ending Balance $1S,374.76 Current Vested Balance $1 S,374.76 Personalized Rate of Return This Quarter -8.19% Please review this statement carefully and notify us promptly in writing of any discrepancies within 90 days. After 90 days, corrections will be made on a current basis. pFinancial 6roUp IXT'7_.I. GIVE YOU AN EDGG", Page 7 of 70 ,r . %k. CERTIFICATE OF SERVICE A# 4 4h A I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document, by first class mail, upon the following person at the following address on the date stated herein: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 DATE: 8/27/10 James W. Abraham, Esquire FIL ?' ,,;,''hRv ;LINTY Pleading Description: Plaintiff's Pre-Trial Statement Prepared and Submitted by: Diane G. Radcliff, Esquire, Attorney for Plaintiff Previously Assigned Judge: The Honorable Kevin A. Hess in the companion Custody Case #10-3837 Appearance For Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff(c?comcast.net • Phone: 717-737-0100 • Fax: 717-975-0697 Appearance For Defendant: James W. Abraham, Esquire, 45 East Main Street, Hummelstown PA 17036 Email: abelaw(acomcast.net • Phone: 717-566-9380 • Fax: 717-566-9385 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, Plaintiff V. RAYMOND A, MILLER defendant NO. 09-2081 CIVIL TERM CIVIL ACTION - LAW DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT Plaintiff, Holly C. Miller, by her attorney, Diane G. Radcliff, Esquire files this Pre-Trial Statement. Respectfully Submitted, DATED: August 27, 2010 amp` H+ll;-Pf( 17011 " hone: (717) 737-0100 ax: 9 5-0697 upreme Court ID # 32112 ttorney for Plaintiff TABLE OF CONTENTS SECTION DESCRIPTION PAGE - Informational Notes, Codes and Rules 3 1. Background Information 4 II. Listing of Marital Assets and Debts 7 III. Listing of Personal Property g IV. Listing of Non-Marital Assets and Debts 10 V. Pensions 11 VI. Incomes and Expenses 12 VII. Counsel Fees and Costs 13 VIII. Expert Witnesses 14 IX. Other Witnesses 14 X. Proposed Resolution 15 XI. Listing of Proposed Exhibits 17 -2- INFORMATIONAL NOTES AND CODES, RULES & SANCTIONS CODES SYMBOL OR FIGURE DEFINITION OR DENOTATION I the entry (value) is verified by a document A Value verified by an appraisal CMA Value verified by a comparative market analysis * documents or information to be supplied by the designated party x an item about which a decision is required H Husband W Wife DOM Date of Marriage DOS Date of Separation HNM Husband's Non-Marital WNM Wife's Non-Marital HPM Husband's Premarital WPM Wife's Premarital PV Present Value NOTES 1. The values and amounts used in the various Tables herein may, in some cases be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 2. Anyy ad1'uestmerit figures used in the various tables herein are for illustration purposes only and are not to be demed a representation, on the part of; the Plaintiff as to whether an adjustment should be made or the amount o.- -3- SECTION I. BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: TABLE #1-A PARTIES' DtSCRIPTION HUSBAND WIFE Name Ray A. Miller Holly C. Miller Address 107 Oneida Road Camp Hill, PA 17011 38 Kensingc?ton Drive Camp Hill,-PA 17011 Year of Birth 1957 1969 Age 52 41 Health Status Good Good Educational Background bachelors degree from PSU prior to marriage high school graduate + some college courses - no degree Names and Relationship of Persons Living with Party None Holly C. Miller's 5 children Date Moved to Current Residence 2003 1/12/2008 Date PA Residency Began ? 1998 Current Military Service N/A N/A Number of Marriages 4 2 Employer's Name PHEAA, Commonwealth of PA Self Employed Day Care Occupation (Job Position) Computer Analyst Day Care Provider Date Employment Commenced end of 2001 2008 Est. Income $65,000 per year $4,000- 8500 per year TABLE #1-B MARRME]NFORMATION «DESC`kIPTIDN INFORMATION Date of Marriage 1/31/04 Place of Marriage Cumberland County, PA Date of Separation 1/12/08 -4- TABLE #1-C CHILDREN OF THIS MARRIAGE 1G YEAR OF , HDOt,GRAbB CUSTODIAN OR BIRTH EMANCIPATION Madison J. Miler 5 2004 Kindergarten Wife Comments: Madison has achondroplasia and sleep apnea and requires special care. CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES PARTY NAME OF CHILD DATE OF BIRTH AGE 1Sfi0Di EMANCIPj Wife Gabrielle Lucente 14 4/14/95 Wife Wife Dominique Lucente 13 8/12/96 Wife Wife Vincente Lucente 11 7/16/98 Wife Wife Gino Lucente 10 3/11/00 Wife -5- TABLE #1-G PROCEEDINGS INFORMATION: COMPLAINT Complaint Filing Date 4/2/09 Date of Service 4/14/09 Manner of Service Acceptance of Service Type of Divorce Requested No Fault Economic Claims Raised Equitable Distribution; APL; Counsel Fees & Costs ANSWER; COUNTERCLAIM AND/OR OTHER PLEADING RAISING ECONOMIC CLAIMS Type of Pleading N/A Pleading Filing Date N/A Type of Divorce Requested N/A Economic Claims Raised N/S BIFURCA TION Has the case been bifurcated? No Date of decree granting bifurcation N/A If bifurcation granted by consent or after hearing N/A -6- SECTION II. MARITAL ASSETS AND DEBTS The following Table #2 sets forth the listing of the marital assets and debts of the parties: Table Marital Assets and Debts D,OM:7/3112004 • DOS: 1112108 _ A g C D E F G Ln No ? . Binder Description Date of Ref Value F ?,rytR R ?s YYY . n . Distribution Prior Value Distribution to Husband x Prior Distribution to Wife 5 RE-1 Weida Road DOS 107 0 4.09 140,000.00 140,000.00 6 RE-1 107 Oneida Road DOM 6.04 (127,000.00) (127,000.00) 7 '? ? `f ? H 1-CLE '=AN D<. HiCLE LIENS - ;- - 8 V-1 1998 Plymouth Van - WPM WPM 10 V-2 VW Jetta HNM HNM CECK.: AC OURTS, S'<ACCUU?ITS,w 12 A-1 W's M&T Checking Account Minimal Minimal Minimal 14 A-2 H's M&T checking account Minimal Minimal Minimal' 1 6 A-3 H's Savings Account Minimal Minimal Minimal 7 s } p fiJp i? T 1 `,r EN ,_ N FE 7 11`Elfl! 18 RET-1 H's GNC 401K DOS 12/31/07 7,478.75 7,478.75 19 RET-1 H's GNC 401 K DOM 6.30.04 (6,491.08) (6,491,08) 1 RET-2 H's Ciber, Inc. 401k DOS 3.31.08 22,833.72 22,833.72 2 RET-2 H's Ciber, Inc. 401k DOM 6.30.04 (17,969.04) (17,969.04) 4 RET-3 H's D& B Retirement Plan 12.31.07 14,576.56 14,576.56 5 RET-3 H's D& B Retirement Plan 7.1.04 (9,735.81) (9,735.81) 7 RET-4 H's SERS Marital P.V. 7.23.10 79,307.80 79,307.80 8 _ NET TOTALS 9 Asset Totals from Above 103,000.90 103,000.90 0.00 -7- Table ° Marital Assets and Debts DOM:7/3112004 0 DOS: 1/12/08 A B C D E F G No Binder Ref Description Date of Value Distribution Value Prior Prior Distribution Distribution to Husband to Wife 10 ADJUSTMENT FOR OVE RALL 40160 DIVISION 11 Total From Above 103,000.90 12 Amount Due Parties in 40/60 Division 41,200.36 61,800.54 13 Less Total Assigned to Parties From Above 103 000.90 0.00 14 40160 Division Adjustment Amount - Amount Due Wife (61,800.54) 61,800.54 15 Proposed 60140 Adjustments 16 Cash Payment from Husband to Wife (34,000,00) 34,000.00 17 Balance in cash and/or from R/0 of Husband's Retirement Plans (27,800.54) 27,800.54 18 Total Due Wife (See Table #2-A Below (61,800.54) 61,800.54 Table #2-A Proposed Distribution Schedule Distribution to Wife Husband's Ciber, Inc. 401K Plan 15,000.00 H's GNC 401 K DOS 6,800.00 H's D& B Retirement Plan 10,000.00 Cash Payment to Wife within 45 days 30 000.00 Total Distribution To Wife 61,800.00 Distribution to Husband Description DOS Value DOM Value Distribution to Wife Net Value 1070neida Road 140,000.00 (127,000.00) 13,000.00 H's GNC 401K 7,478.75 (6,491.08) (6,800.00) (5,812.33) H's Ciber Inc. 401K 22,833.72 (17,969.04) (15,000.00) (10,135.32) H's D& B Retirement Plan 14,576.56 (9,735.81) (1,000.00) 3,840.75 H's SERS Retirement Plan 143,357.38 (64,049.58) 0.00 79,307.80 Cash Payment to Wife (30,000.00) (30,000.00) Total Distribution to Husband 50,200.90 -8- SECTION III. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY The follOwjng Tables #3-A and # 3-13 set forth the household goods and contents and other personal property of the parties: , Plaintiff does not believe there is or will be a dispute as to the parties household goods and contents and therefore, Tables #3-+A and #3-13 have not been completed. TABLE #3-A HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN HUSBAND'S POSSESSION N0. DESCRIPTION OWNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION DATE IF NOW MARITAL -- Not in Dispute H & W Husband -- rComments: TABLE #3-B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE VALUE BASIS FOR EXCLUSION IF DATE NOW MARITAL Not in Dispute H & W Wife -- Comments: Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. The value of each item has been estimated by Plaintiff unless otherwsise noted. -9- SECTION IV. NON-MARITAL ASSETS AND DEBTS The following Table #4 sets forth the non-marital assets and debts of the parties: 3 a TABLE #4 NON-MARITAL PROPERTY AND DEBTS A B C D E F G Ln No Description Non-Marital Value Marital Value Total Value Basis for Exclusion If Claimed to Be Non- Marital Method of Valuation & Supporting Documents 1 107 Olenick Drive, Camp Hill 127,000 13,000 140,000 HPM CMA 2 GNC 401 K 6,491 988 7,479 HPM Statements 3 Ciber inc 401 K 17,969 4,865 22,834 HPM Statements 4 D& B 01K 9,736 4,841 14,577 HPM Statements 5 H's SERS retirement plan 64,050 79,308 143,357 HPM Statements 3Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 4The value of each item has been estimated by Plaintiff unless otherwise noted. -10- SECTION V. PENSIONS AND RETIREMENT BENEFITS The following Table #5 sets forth the listing of the pensions and retirement plans of the parties: TABLE #5 RETIREMENT PLANS NO DESCRIPTION -. NOWMARIAL .VALUE MARITAL VALUE OF BEI FITS TOTAL VALUE' OF'BENEFITS SUPPORTING 'FACTS OR DOCUMENTATION 1 GNC 401 K 6,491 988 7,479 Statements 2 Ciber Inc 401 K 17,969 4,865 22,834 Statements 3 D& B 401K 9,736 4,841 14,577 Statements 4 H's SERS retirement plan 64,050 79,308 143,357 Statements - 11 - SECTION A. INCOME AND EXPENSES The following Table #6-A sets forth the gross incomes of the parties as reported on respective Income and Expense Statements: TABLE #6-A INCOME OF THE PARTIES Description Husband Wife Gross Monthly Income 5,766 390 Spousal Support or APL (718) 718 Child Support for Marital Children (762) 762 Child Support For Non-Marital Children (4) 0 1,350 Other (Specify) 0 0 Adjusted Income 4,286 3,220 The following Table #6-B sets forth the total reported expenses of the parties as reported on respective Income and Expense Statements: TABLE #6-B EXPENSES OF THE PARTIES Description Husband Wife Reported Monthly Expenses 4,006 5,466 Less Spousal Support or APL Paid to this Spouse (718) Less Child Support Paid for Marital Children (762) Less Child Support Paid For Non-Marital Children 0 Less Other (Specify) 0 Adjusted Monthly Expenses 2,526 5,466 -12- SECTION VII. COUNSEL FEES The following Table #7 sets forth the listing of the counsel fees and expenses incurred by Plaintiff: TABLE #7 COUNSEL FEES AND COSTS :DESCRIPTION DATES, BILLS AND CHAS O Dates Services Were Rendered 2009 to present Hourly Rate $200.00 Costs At Cost Total Amount of Fees and Costs Claimed to Date TBD Anticipated Fees and Costs $3,000 Itemization of Services Rendered To Be Provided -13- SECTION VIII. EXPERT WITNESSES The following Table #8 sets forth the listing of the experts who the party intends to call to testify in this case: TABLE #8 EXPERT WITNESSES NA SUBJECT,OF REPORT ATTACHED ? REPORT.°TO BE TESTIMONY SUPKIED Experts who prepared any To be determined Report is attached if If not currently report referenced in the and to extent such available, Report to be Proposed Exhibits in report is referenced in supplied as soon as Section XI and XI 1, ** Exhibit Section. available "Additional experts who may be called to testify are not known at this time. Plaintiff reserves the right to call additional expert witnesses upon proper notification to the other party once those expert witnesses are identified and retained. SECTION IX. OTHER WITNESSES The following Table #9 sets forth the listing of the anticipated witnesses other than experts who will be called to testify in this case: TABLE #9 LAY WITNESSES NAME SUBJECT OF TESTIMONY Holly Miller History of the marriage; Identification and valuation of marital assets and debts; Other relevant testimony relating to the factors set forth in the divorce code **Additional witnesses who may be called to testify are not known at this time. Plaintiff reserves the right to call additional witnesses upon proper notification to the other party once those witnesses are identified and agree to testify. -14- SECTION XI. PROPOSED RESOLUTION The following is Plaintiffs proposed resolution of the issues presented in this case: A. DIVORCE: A No-fault Divorce Decree should be entered under either section 3301 c or 3301 d. B. EQUITABLE DISTRIBUTION: The parties' marital assets and debts should be divided and distributed 60%to Wife and 40% to Husband as follows: Table #2-A Proposed Distribution Schedule Distribution to Wife Husband's Ciber, Inc. 401K Plan 15,000.00 H's GNC 401K DOS 6,800.00 H's D& B Retirement Plan 10,000.00 Cash Payment to Wife within 45 days 30 000.00 Total Distribution To Wife 61,800.00 Distribution to Husband Description DOS Value DOM Value Distribution to Wife Net Value 1070neida Road 140,000.00 (127,000.00) 13,000.00 H's GNC 401K 7,478.75 (6,491.08) (6,800.00) (5,812.33) H's Ciber Inc. 401K 22,833.72 (17,969.04) (15,000.00) (10,135.32) H's D& B Retirement Plan 14,576.56 (9,735.81) (1,000.00) 3,840.75 H's SERS Retirement Plan 143,357.38 (64,049.58) 0.00 79,307.80 Cash Payment to Wife (30,000.00) (30,000.00) Total Distribution to Husband 50,200.90 -15- C. ALIMONY: Wife's claim for alimony should be granted. Wife should be awarded alimony in the amount of $700 per month for an indefinite period of time, modifiable based on a change in circumstances. D. COUNSEL FEES AND COSTS: Wife's claim for counsel fees and costs should be granted. Wife should be awarded counsel fees and costs in the amount of $5,000. -16- SECTION XII. PROPOSED EXHIBITS The following Table #11 sets forth Plaintiffs listing the proposed exhibits to be submitted at the hearing in this case. Exhibits are attached or to be supplied as indicated below. 5 TABLE #11 LISTING OF EXHIBITS No. Description Previously Provided to Counsel To Be Provided to Counsel 1 Wife"s Income and Expense Statement X 2 Wife's 2009 Federal and State Income Tax Returns X 3 4/29/09 Support Order X 4 Wife's Attorneys Fees Bill X 5 107 Oneida Road CMA X 6 H's GNC 401 K DOS & DOM Statements X 7 H's Ciber, Inc.401K DOS & DOM Statements X 8 H's D& B Retirement Plan 401 K DOS & DOM Statements X 9 McGarry SERS Valuation and SERS Statements X 10 Husband's Pay Stub X 11 Husband's 2009 Tax Return X SPlaintiff reserves the right to submit additional exhibits upon proper notification to the other party. -17- CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on August 27, 2010,1 served a copy of the within Pre-Trial Statement, by mailing same by first class mail, postage prepaid, addressed as follows: E. Robert Elicker, II, Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 James W. Abraham, Esquire 45 East Main Street Hummelstown, PA 17036 r° CLIFF, ESQUIRE ` D IA1 3 oad Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff -18- HOLLY C. MILLER, Plaintiff/Petitioner VS. RAYMOND A. MILLER, Defendant/Respondent HOLLY C. MILLER, Plaintiff VS. RAYMOND A. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS)4.VANI& CIVIL ACTION - DIVORCE va -am NO. 09-2081 CIVIL TERM -<> IN DIVORCE ?° PACSES CASE: 299110778 :x W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - SUPPORT NO. 00086 S 2008 PACSES CASE: 751109783 ORDER OF COURT AND NOW to wit, this 1st day of February, 2011, it is hereby Ordered that pursuant to the parties' Marital Settlement Agreement of January 31, 2011, the Alimony Pendente Lite order is terminated, effective February 1, 2011. The remaining balance of $1,764.92 is to be directed to the child support balance under PACSES #751109783 and docketed at 00086 S 2008 and is to be paid off at a rate of $76.00 per month. BY THE COURT: N tti M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Diane G. Radcliff, Esq. James Abraham, Esq.. Service Type: M Form OE-001 Worker: 21005 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 011b i I State: Commonwealth of Pennsylvania O Original Order/Notice 7_15))b973,5 97_15))b973,5 Co./City/Dist. of: CUMBERLAND Ell S ADC -112 Q Amended Order/Notice Date of Order/Notice: 02/01/11 O Terminate Order/Notice Case Number (See Addendum for case summary) O One-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number PA HIGHER ED ASSISTANCE AGENCY 1200 N 7TH ST HARRISBURG PA 17102-1419 RE: MILLER, RAYMOND A. Employee/Obligor's Name (Last, First, MI) 182-50-0040 mp oyee igo s Social Security Number 9096101938 mp oyee b igor's Case dente ier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until furthe r notice even if the Order/Notice is nq?Hssued b our State. $ 762.00 per month in current child support ---t r n co $ 76.00 per month in past-due child support Arrears 12 weeks or greater? noo $ 0.00 per month in current medical support en -rte,,, $ 0.00 per month in past-due medical support 1,-. fV --j?> $ 0.00 per month in current spousal support =t=` -v $ 0.00 per month in past-due spousal support $ 0.00 per month for genetic test costs > $ 0.00 per month in other (specify) - i N) - n $ one-time lump sum payment _ -< for a total of $ 838.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered sup ort payment cycle, use the following to determine how much to withhold: n per weekly pay period. $ 419.00 per semimonthly pay period (twice a month) $ ZF1c77 per biweekly pay period (every two weeks) $ 838.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier O SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CAS?,gYAQI?/L. BY THE COURT: ?f? Service Type M OMB No.: 0970-0154 Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.' Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4." Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2316933620 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: Q THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: MILLER, RAYMOND A. EMPLOYEE'S CASE IDENTIFIER: 9096101938 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.' Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: "NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST -0 BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport-state.pa.us _ OMB No.: 0970-0154 Page 2 of 2 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MILLER, RAYMOND A. PACSES Case N umber 751109783 Plaintiff Name HOLLY C. MILLER Docket Attachment Amount 00086 S 2008 $ 838.00 Child(ren)'s Name(s): DOB MADISON J. MILLER 11/22/04 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name o k t Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT HOLLY C. MILLER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09 - 2081 CIVIL ' RAYMOND A. MILLER, -+' Defendant IN DIVORCE Yi/ 1 1 -Tj O RDER OF COURT <"=CD °r. AND NOW, this day of? 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital agreement dated January 31, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kevi . Hess, P.J. cc: /Diane G. Radcliff / Attorney for Plaintiff James W. Abraham Attorney for Defendant LPF II/ al IA G m r rn ao f f 'JI-b - 7 Am il.'i 3 "I - 0_0 - -?Iq "_7 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, NO. 09-2081 CIVIL TERM Plaintiff V. RAYMOND A. MILLER, Defendant : CIVIL ACTION -LAW : DIVORCE MARITAL AGREEMENT THIS AGREEMENT made this l day of January, 2011, by and between Holly C. Miller, ("Wife") of 38 Kensington Drive, Camp Hill, PA 17011, and Raymond A. Miller, ("Husband") of 107 Oneida Road, Mechanicsburg, PA. PREAMBLE AND RECITALS WHEREAS, the parties hereto are husband and wife. The parties were married on July 31, 2004 in Cumberland County, Pennsylvania, and separated on January 12, 2,008. WHEREAS, the parties are the parents of one (1) child, Madison J. Miller, (YOB: 2004) "(the Child"). 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 hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal -1- 1 . property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of 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. NOW, THEREFORE, in consideration of the premises and 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 parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I UMEML PROVISIONS 1.01 INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02 DEFINITIONS. (A) Divorce Code. The term "Divorce Code" or "Code" shall be defined as Pa.C.S.A Section 101 et seq., as amended, or any successor statute thereto. (B) 1-fternai Revenue Code. The phrase "Internal Revenue Code" shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections in the Internal Revenue Code shall referenced to sections in existence as of the date of this Agreement. (C) Asset. The "Word" "asset" shall be defined as anything of value including, but not limited to, real and personal property, tangible and intangible property and ail financial interests however held. (D) Date of Execution. The phrase "date of execution", "execution date", or date of this Agreement" shall be defined as the date that the last person signs this Agreement. (E) Date of Distribution. Except where otherwise indicated in this Agreement, the phrase "date of distribution" shall be defined as the date of execution of this Agreement. (F) Effective Date of Agreeme This Agreement shall become effective and 17 F ? . binding upon the parties upon the execution of this Agreement by both parties. 1.03 DIVORCE D ECM. Wife filed a divorce action in the Court of Common Pleas of Cumberland County, PA docketed to No. 09-2081 Civil Term. With respect to that divorce action the parties agree as follows: (A) No-Fault Divorce. The parties acknowledge that their marriage is irretrievably broken and that they wilt secure a mutual consent no-fault Divorce Decree in the above referenced divorce action. (B) Affidavits and Waivers. Upon the execution of this Agreement, the parties shall execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice for filing with the Court. (C) Finalizim Divorce. Within ten (10) business days of receipt of the signed Affidavits and Waivers, Wife's attorney will file al[ the remaining documents necessary to secure the entry of the Divorce Decree. When the divorce decree is entered and received by Wife's attorney, that attorney shall provide Husband's attorney with a photocopy of the divorce decree. (D) Withdrawal of Claims. If either party has filed a counterclaim, counter- affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by this Agreement, and he or she shalt withdraw any such claims or filings that may be required for the prompt entry of the Divorce Decree. 1.04 EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to the parties. This Agreement shalt not, however, merge with the Divorce Decree, but rather, it shalt continue to have independent contractual significance, and each party shalt maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.05 ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, James W. Abraham, Esquire, for Husband and Diane G. Radcliff, Esquire for Wife. 1.06 FINANCIAL DISCLOSURE. The parties represent that each of the parties has made .3- a full and fair disclosure to the other party of the parties' respective incomes and the marital assets and debts that would otherwise be subject to equitable distribution between the parties but for the execution of this Agreement. That full and fair disclosure includes a disclosure the all of the following assets and debts to the extent the same exist or is subject to equitable division between the parties: Real Property and Real Estate Mortgages; Motor Vehicles and Vehicle Liens; Stocks, Bonds, Securities and Options; Certificates of Deposit; Checking Accounts, Cash; Savings Accounts, Money Market and Savings Certificates; Contents of Safe Deposit Boxes; Trusts; Life Insurance Policies; Annuities; Gifts; Inheritances; Patents, Copyrights, Inventions, Royalties; Personal Property Outside the Home; Business; Employment Termination Benefits-Severance Pay, Worker's Compensation; Profit Sharing Plans; Pension Plans; Retirement Plans, Individual Retirement Accounts; Disability Payments; Litigation Claims (matured and unmatured); Military/V.A. Benefits; Education Benefits; Debts Due, including loans, mortgages held; Household Furnishings and Personalty; Other Assets; Loans, Credit Cards and Other Debts. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. Each party warrants that he or she is not aware of any marital asset or debt which is not identified in this Agreement. In the event that subsequent to the execution of this Agreement a party discovers that the other party breached this Agreement by failing to disclose an asset valued in excess of $1,000.00, or a debt having a balance in excess of $1,000.00 for which the non-breaching party is liable, then in such event, this Agreement may be reopened upon the petition of the non- breaching party the new asset or debt considered, and an alternate distribution scheme considered in addition to any other remedies provided under the Divorce Code. 1.07 DISCLOSURE AMD WAIVER OF PROCEDURAL RIGM . Each party understands that he or she has the following procedural and substantive rights, all of which are hereby waives: (A) Inventory. The right to obtain from the other party a complete inventory or list of all of the property that either or both parties own as of the date the divorce action was commenced, or transferred within 3 years prior to that date; (B) Valuation. The right to have all such property valued by means of appraisals or otherwise; (C) Income 9XRgnM The right to obtain from the other party an income and Expense Statement setting forth the party's income and expenses and .4- including the party's pay stubs or income for the last six months and the parties last filed income tax return; (D) Ot, covery. The right to compulsory discovery to assist in the identity and valuation of marital property and in verification of any facts relevant to the divorce action, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rutes of Civil Procedure. (E) COnsuttAtion With Counsel: The right and opportunity to discuss with counsel the concept of marital property under Pennsylvania law and to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. (F) Disclosure: The right and opportunity for a full and fair disclosure to each party of the other party's income, assets and liabilities, whether such are held jointly or in the name of one party atone, and the right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived and the parties do not wish to make or append hereto any further enumeration or statement, and (G) HeA-rinses and Court Decision. The right to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 1.08 BANKRUPTCY. 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, then in such event, this Agreement may be reopened upon the petition of the non-filing party, and an altemate distribution scheme considered in addition to any other remedies provided under the Divorce Code, the same as if this Agreement had never been executed by the parties. 1.09 MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, as a result of enforcement of the terms of this Agreement, and/or as a result of the breach of this Agreement, the parties do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, including, but not limited to the -5- following: (A) Estate Rights. Any rights which either party may have, or at any time hereafter have, to share in the Estate of the other party as a result of their marital relationship or otherwise including, without limitation: statutory allowance; widow's allowance; intestacy rights; right to take under the will of the other party; right to take against the will of the other party; and the right to act as the executor or administrator of the other's estate. The foregoing shall not apply to any claims under the Will of a party executed after the date of this agreement. (B) Marital Rights. Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital retation or otherwise. (C) Waiver of Beneficiary Designation. Unless otherwise specified in this Agreement each party specifically waives any and all rights as a designated beneficiary in and to any asset or life insurance policy having a beneficiary designation which belongs to the other party under the terms of this Agreement. The parties hereby state that it is their intention by this Agreement to revoke any beneficiary designations naming the other party which are in effect as of the date of this Agreement, and if there is no other alternative or secondary beneficiary named then the beneficiary shall be deemed to be the estate of the deceased party. 1.10 EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shalt continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 1.11 BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: (A) Divorce Code Remedies. The right to all remedies set forth in Section 3502(e) of the Pennsylvania D rce Code, 23 PA. C.S.A. 3502(e), and any additional rights and reined that may hereafter be enacted by virtue of - k; the amendment of said statute or replacement thereof by any other similar laws. (B) Damages. The right to damages arising out of breach of the terms of this Agreement. (C) Distribution of UndischoW Assets. The right to have the court distribute any asset having a value of $1,000.00 or more which has not been disclosed as represented in paragraph 1.06 herein. (D) Attorneys Fees and Costs. The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in enforcing rights and obligations under this agreement. (E) Other Remedies. Any other remedies provided for in law or in equity (F) Considerations for Reasonable Attorneys Fees. Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. (G) Breach Notice. In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shalt have a period of fifteen (15) days from the malting of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.12 INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: (A) Prior Returns. The parties have heretofore filed joint federal and state 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 therewith. Such tax, interest, penalty or expense shalt be paid 7% solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (B) Current „Returns. The parties shall file individual tax returns for the current tax year and for every tax year hereafter. (C) Preservation of Records. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as maybe reasonably necessary from time to time. (D) No Tax on Proflerty Division. Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fait within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. (E) Denndg= Ex i . The parties shall share the dependency exemption for their Child, Madison Miller as follows: (1) For odd numbered income tax years, Wife shall be entitled to claim the deduction for the dependency exemption for the Child on her applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended, and Husband agrees that he will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Wife within ten (10) days of a request to sign such form or declaration. (2) For even numbered income tax years, Husband shall be entitled to claim the deduction for the dependency exemption for the Child on his applicable tax returns under Section 152(e) of the Internal Revenue Code of 1954, as amended, and Wife agrees that she will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Husband within ten (10) days of a request to sign 8 such form or declaration. SECTION II DISTRIBUTION OF PROPERTY AtID DEBTS 2.01 DUABUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed in accordance with the following: (A) Real Estate. Husband is the owner of real estate known and numbered as 107 Oneida Road, Mechanicsburg, PA ("the Real Estate"), acquired by him prior to the parties' marriage, encumbered with a mortgage owed to Chase, ("the Mortgage"). It has been agreed that the Real Estate increased in value during the marriage by the amount of $17,287.00, and that Wife shall receive 55% of that marital increase by way of a cash payment of $9,508.00 as set forth in subparagraph 2.01(H) below. In consideration for and in exchange for that monetary payment of $9,508.00 set forth in subparagraph 2.01 (H) below, Wife hereby waives, releases and renounces any and at( right title interest and claim in and to the Real Estate, and the Real Estate shall hereafter be Husband's sole and separate property free and clear of all such claims of Wife, including any claims to the marital increase in value. The Real Estate shalt be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, real estate taxes and any other municipal liens, and Husband is and shall hereafter be solely responsible for the payment of the Mortgage, applicable mortgag6 escrow payments, real estate taxes, other municipal liens, home owners and casualty insurance and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shalt indemnify, protect and save Wife harmless therefrom. (B) Vehicle(*nd Vehicle Loanls). During their marriage the parties did not acquire any vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like, whether jointly or individually. Nor did they incur any loans during the marriage which were liens against any premarital vehicles. Therefore, there are no marital vehicles or vehicle loans to be distributed. Each of the parties, however, owned a vehicle prior to marriage and the parties agree that each party shall retain that vehicle as his or her separate property, free and clear of any right, title interest and claim of the other party so that such premarital vehicles shalt be distributed as follows: (1) To Wife. Wife's premarital 1998 Plymouth van, titled in Wife's sole .9_ name, the title to which is unencumbered. (2) To Husband. Husband's premarital 2002 VW Jetta, titled in Husband's sole name, the title to which was previously encumbered with a purchase price loan, but which has been paid off, and the title to which is now unencumbered. (3) Vehicle Insurance. Each party shall be responsible for securing and maintaining his or her insurance on the vehicles assigned to him or her by this Agreement. Each party will be solely and fully responsible for any uncovered expenses and costs and/or liability arising from any and all incidents and accidents involving his or her vehicles. (4) Encumbrances. Each party will be solely responsible for the timely payment of any loans, liens or other debts encumbering the title to the Vehicles assigned to him or her. (C) Investments. The parties acknowledge that there are no marital investments to be distributed to either party. (D) Accounrts. The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: (1) To Wife. Wife's MaT account. (2) To Husband. Husband's MaT account. (E) Life Insurance. The parties acknowledge that there are no marital life insurance policies having any cash value to be distributed to either party. (F) Retirement Plans. The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: (1) To Wife: A flat dollar amount of $5,242.00 from Husband's DEW Retirement Plan together with investment gains or losses attributable to the assigned amount from January 1, 2011 to the date the awarded amount is distributed to the Wife. The -10- distribution to be made to Wife shall be made to her pursuant to a Domestic Relations Order ("DRO") to be prepared by Husband's attorney. To the extent permitted under the Plan, Wife's payment shall be rolled over into an IRA or other qualified plan. The distribution of the said amount shalt be made as soon as possible after approval of the DRO by the Court and the Plan Administrator. The remaining value of the D&B Retirement Plan shalt be Husband's sole and separate property. (2) To Husband. The following Retirement Plans: (a) Husband's GNC 401(k) Plan; (b) Husband's Ciber, Inc. 401(k) Plan; (c) Husband's D&B Retirement Plan to the extent of the value of the said Plan remaining after the distribution to Wife pursuant to the provisions of Subparagraph 2.01 (F) (1) above (3) Husband's SERS Retirement Plan: Husband's SERS retirement plan shall be divided and distributed as follows: (a) Wife shall receive 55% of the marital value of Husband's SERS Retirement Plan to be paid to her on a deferred basis pursuant to a Domestic Relations Order ("DRO") to be prepared by Wife's attorney and calculated as follows: Benefits (contribution account withdrawals, if any, and monthly benefits) x (multiplied by) years of marriage (7131104-1112108) : (divided by) total years of service to retirement = marital portion of benefitsx (multiplied by) .55 (Wife's percentage share) = Wife's share of the benefits If permitted under the plan, Wife shalt have the right to elect to have the benefits payable to her over her lifetime and if that election is made the DRO shall be drafted accordingly. (b) The remaining value or benefits of or under the SERS Retirement Plan shall be Husband's sole and separate property. (4) W_ giver. Any interest that either party may have, or may heretofore 11- have had in or as the result of the Retirement Plans of the other party, including rights or contingent rights in and to unvested retirement benefits and/or by virtue of being a spouse, beneficiary, contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shall hold his or her Retirement Plans free and clear from any right or interest which the other party now has or may heretofore have had therein or thereto. (G) Personal Property. The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: (1) To Wife. All items of personal property in the possession of Wife. (2) To Husband. All items of personal property in the possession of Husband. (H) Monetary Payment. Husband shall pay Wife the amount of $9,508.00 on or before January 31, 2011. (I) Debts. The parties' marital debts, loans, credit cards balances and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: (1) To Wife. Wife shall be solely liable for and shall timely pay any credit cards, mortgages, loans, debts and liabilities incurred in Wife's individual name. (2) To Husband. Husband shall be solely liable for and shall timely any credit cards, mortgages, loans, debts and liabilities incurred in Husband's individual name. 2.02 MISCELLANEOUS DISTRIBUTION PROVISIM. The following miscellaneous provision shall apply to the distribution of the parties' marital-assets and debts: (A) As Is Condition. Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the .12- condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. (B) Title Transfer. If appropriate, for effectuating the transfers as herein provided, those titles shalt be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. (C) Personalty Transfer. if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shalt promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. (D) Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. (E) Liens. In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. (F) Debt Balances and Prior Payments. Any debt herein described shalt be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. (G) Indemnification. Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. -13- (H) After Acquired Debts. Each of the parties represents and warrants to the other that since the parties' marital separation he or he has not contracted nor incurred any debt or liability for which the other or his or her estate might be responsible. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable. (I) CanceUation of Joint Debts. Any joint debt shalt be canceled so that neither party can make any further charges thereunder, and if said charges are made in. violation of this Agreement, then the party incurring said charge shall immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. (J) Non-Disclosed 4 ability. Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shalt pay it as it becomes due and payable. (K) Refinance. In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other party from any and all liability thereunder. 2.03 AFTER-AC UiRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, 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 and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.04 INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.05 WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or -14- litre program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 2.06 FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and- in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. SECTION III COl1NSEL FEES SPOUSAL SUPPORT, APL ALIMONY AND HEALTH INS NCE 3.01 WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now.and in the future, against the other for counsel fees, costs and expenses. This waiver shall not apply to counsel fees and cost incurred in the event of a breach of this Agreement or in enforcing this Agreement, in which event the provisions of Paragraph 1.11 shall apply. 3.02 Q (9!! D SUPPORT. Except as hereafter provided, the parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. The foregoing notwithstanding the following shall apply to the existing spousal support order: (A) Termination of Spousal Support. Husband shall owe Wife the spousal support through and including the later of January 31, 2011 or the last day of the month in which Husband pays Wife the $9,508 monetary payment required -Its Subparagraph 2.01(H). On the 1' day of the month following -15 that date the order for spousal support entered in the Cumberland County, PA support action docketed to #E00086 S 2008, PACSES No. 751109783 shall be terminated. (B) Transfer of Spousal Support Balance: Any credit or arrears on the Spousal Support Order existing as of the date of termination shall be transferred to the child support portion of the Order. (C) Notification to DRO: When Husband pays Wife the $9,508 monetary payment required in Subparagraph 2.01 (H), Wife shall immediately notify DRO of the payment and direct that the spousal support order be terminated and the balance transferred to the child support case in accordance with the terms of this paragraph. That notification shall also include a direction to hold an amounts paid in excess of the child support amount plus arrears, and to refund the same to Husband. If Domestic Relations inadvertently pays such excess to Wife, that excess amount shall be refunded to husband who shall upon receipt notify Domestic Relations of the refund so that their records can and will be adjusted accordingly. 3.05 NTH INSURANCE FOR WIFE. The following shall apply regarding health insurance: (A) Health Insurance for Spouse. Husband currently carries health insurance coverage on Wife and shall continue to provide that health insurance coverage on Wife until the date of the entry of the Divorce Decree. Wife shall be entitled to elect Cobra coverage under Husband's employment policy in accordance with federal rules and regulations provided that Wife shall be solely responsible for the payment of the costs and premiums therefor. (B) Health Insurance Documentation. Any party having the insurance coverage on the other party or the child pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. .16- SECTION IV EXECUTION, INTERPRETATION AND CLOSIN PROVISIONS 4.01 ACKNOWLEDGMENT. Each of the parties acknowledges, declares and agrees that he or she respectively: (A) is fully and completely informed as to: (1) the facts relating to the subject matter of this Agreement, (2) the incomes of the each party'. (3) the liabilities of each party; (4) the identification of the parties' marital assets and debts; (4) the identification of each party's separate property and debts; (5) the net worth of each of the parties; and (6) the legal rights and liabilities of each party regarding any matter governed by this Agreement; (B) enters into this Agreement voluntarily and intelligently and after receiving the advice of independent legal counsel, or after having had the opportunity to seek the advice of independent counsel, or after having been fully advised of the advisability of seeking the advice of independent counsel, free from fraud, undue influence, coercion, or duress of any kind; (C) has given careful mature thought to the making and execution of this Agreement; (D) entered into this Agreement after obtaining full and complete knowledge of his or her legal rights and obligations relating to any matter governed by this Agreement; (E) entered into this Agreement after a full and fair disclosure by the parties of all facts bearing upon and pertaining to the provisions of this Agreement; (F) entered into this Agreement freely and voluntarily, and not as a result of any duress or undue influence exerted upon a party, nor the result of any collusion or improper or illegal agreement or agreements ; (G) entered into this Agreement as and for final settlement and satisfaction of all claims and demands or any nature whatsoever; (H) entered into this Agreement after having read and understood the entire agreement, and acknowledging and agreeing that the provisions of this Agreement shall be and are legally binding upon the parties. 4.02 INTERPRETATION OF M- REENIENT. The following shall apply to the -17- interpretation of this Agreement: (A) This Agreement shalt be construed in accordance with the laws of the Commonwealth of Pennsylvania. (B) This Agreement has been prepared by the joint efforts of the parties' respective attorneys for each of the parties; (C) This Agreement should be interpreted fairly and simply, and not for or against either of the parties; 4 03 WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shalt be deemed a waiver of any subsequent default of the same or similar nature. 4.04 MUTUAL COOPERATION. Each party shalt, at any time, and from time to time hereafter, and within ten (10) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 4.05 INTEGRATION. 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. 4.06 AGREEMENT BINDING ON HEIRS. Except as provided in paragraph 1.09 herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 4.07 COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. -18 WITNESS: AAJ--?- ' (SEAL) L (Z RAY ND A. MILLER Date: (SEAL) HOLLY C. LLER Date: a"? - ?)\?? COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF DAUPHIN On this theo9-7fday of JARv.k j , 2011, before me the undersigned officer, personally appeared, RAYMOND A. MILLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. NOTARY PUBLIC My Commi OF PENNSYLVANIA Notarial seal Janes W. Abraham, Notary Public Humn*stvwn Born, Dauphin County Commission Expiree May 29, 2013 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND On this the 31 day of , 2011, before me the undersigned officer, personally appeared, HOLL . MILLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. JLA4:?A& & 4t2i? NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L Dordey, Notary Pubic Camp Hill Boro, CumberWnd County My Commission Expires Sept 23, 2011 Member, Pennsylvania Association of Notaries -20- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, Plaintiff V. RAYMOND A. MILLER, Defendant NO. 09-2081 CIVIL TERM CIVIL ACTION - LAW DIVORCE r? c Mw M ?c 20 z 0 ?.e ?. cs , a v. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 2, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 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. Section 4904 relating to unsworn falsification to authorities. Dated: HOLLY C. MILLER C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVIX ?- Mrn r" HOLLY C. MILLER, NO. 09-2081 CIVIL TERM Z Plaintiff CIVIL ACTION -LAW to -V V. DIVORCE r RAYMOND A. MILLER, --+ Defendant 1. I consent to the entry of a final decree in divorce 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 a divorce is granted. 3. 1 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: 1'3il ?r '` HOLLY MILLER HOLLY C. MILLER : IN THE COURT OF COMMON PLEAS , Plaintiff : CUMBERLAND COUNTY PENNSYLVAISA C V. : NO. 09 - 2081 CIVIL TERM r .... RAYMOND A. MILLER : CIVIL ACTION - LAW ° ?. Defendant : DIVORCE ° ' AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 2, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of service and filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to the unworn falsification to authorities. DATE:?*PV A-#-!I ZT, 2cv I RA OND A. MILLER, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to the unworn falsification to authorities. DATE: ?rsy.R z7 Z? C y RAYM A. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, Plaintiff V. RAYMOND A. MILLER, Defendant TO THE PROTHONOTARY: NO. 09-2081 CIVIL TERM ' CIVIL ACTION - LAW ? - ter, ter --- D l DIVORCE • 7- 5-6 C PRAECIPE OF TRANSMIT RECORD ) - Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: April 2, 2009 b. Manner of Service of Complaint: Attorney Acceptance of Service C. Date of Service of Complaint: April 14, 2009 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: January 31, 2011 b. Defendant: January 27, 2011 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated January 31, 2011, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: February 10, 2011 b. Defendant's Waiver: February 10, 2011 DIA ADC FF, ESQ 3 oad Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 IN THE COURT OF COMMON PLEAS OF HOLLY C. MILLER: CUMBERLAND COUNTY, PENNSYLVANIA V. RAYMOND A. MILLER: : NO. 09-2081 DIVORCE DECREE AND NOW, t`ec??a?V ?3 x,011 it is ordered and decreed that HOLLY C. MILLER plaintiff, and RAYMOND 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.") No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated January 31, 2011, which Agreement is to be incorporated into but not merged with the Divorce Decree. By the Court, /.ju e Il \V/- Attest: ?\-J. a4?44 ry q 4=E1 ,l i . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, : NO. 09-2081 CIVIL TERM Plaintiff V. RAYMOND A. MILLER, Defendant : CIVIL ACTION -LAW : DIVORCE STIPULATION FOR ENTRY OF DOMESTIC RELATIONS ORDER (SERS Retirement Benefits) AND NOW, this 24th day of February, 2011, the parties, Holly C. Miller, Plaintiff, and Raymond A. Miller, Defendant, stipulate and agree as follows: 1. IDENTIFICATION OF MEMBER: The Defendant, Raymond A. Miller, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. GOVERNING STATUTE: SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa.C.S. §55101-5956 ("Retirement Code"). 3. MEMBER'S BIRTH DATE AND SS#: Member's date of birth ism, and Member's Social Security Number 4. IDENTIFICATION OF ALTERNATE PAYEE: The Plaintiff, Holly C. Miller, (hereinafter referred to as "Alternate Payee") is the former spouse of the Member. Alternate Payee's date of birth iand Alternate Payee's Social Security Number i - 1 - 5. MEMBER'S ADDRESS: Member's last known mailing address is: 107 Oneida Drive Camp Hill, PA 17011 6. ALTERNATE PAYEE'S ADDRESS: Alternate Payee's current mailing address is: 38 Kensington Drive Camp Hill, PA 17011 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. BENEFITS PAYABLE TO ALTERNATE PAYEE: The following defines and sets forth the portion of Member's Retirement benefits to be paid to Alternate Payee: 7(a) The marital property component of Member's retirement benefit equals (1) the coverture fraction multiplied by (2) the Member's retirement benefit on the effective date of Member's retirement. (b) The coverture fraction is a fraction with a value less than or equal to one. The numerator is the amount of Member's service, as defined by SERS, for the period of time from 07/31/2004 (the date of marriage) or the date of hire, if later, to 01 /12/2008 (date of separation). The denominator is the total amount of Member's service as defined by SERS, on the effective date of Member's retirement. (c) 55% of the marital property component of Member's retirement benefit is to be allocated to the Alternate Payee as her equitable distribution of this marital asset. 8. DEFINITION OF RETIREMENT BENEFITS AND COMMENCEMENT OF PAYMENTS: Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS or any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from post- separation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 7, multiplied by a reduction factor (calculated to provide benefits actuarially equivalent to an annuity starting at the Member's -2- superannuation age) if payments commence to Member before his superannuation age, shall be payable to Alternate Payee. Payments to Alternate Payee shall commence as soon as administratively feasible on or about the date of the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. IRREVOCABLE BENEFICIARY: Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval of the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance') shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form and filed with the Retirement Board prior to Member's death. (a) Member may elect to receive, by lump sum, 0% to 100% of his accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee shall be determined by multiplying (1) by (2) by (3) where (1), (2) and (3) are as follows: (1) The accumulated deductions as of January 12, 2008, together with statutory interest (currently 4% per year) from January 12, 2008, through the Member's date of retirement. Installment interest will also be paid from the Member's date of retirement through the date payments commence to the Alternate Payee. (2) 36.70% (3) Ration obtained by dividing amount of accumulated deductions the Member elects to receive by the total amount of his accumulated deductions on the effective date of Member's retirement. If the Alternate Payee is not living at the time of Member's retirement, the Alternate Payee's share of any lump sum refund of accumulated deductions shall be paid to the Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an - 3 - authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she/he has been and continues to be properly nominated under this paragraph. 10. RETIREMENT OPTIONS: The term and amounts of Member's retirement benefits payable after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement and after Member files a retirement application with SERS shall be in accordance with Paragraphs 10(a), 10(b) and 10(c) as follows: (a) If Member elects to receive, by lump sum, all of his accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee, or to his/her estate, shall be determined by multiplying (1) by (2) where (1) and (2) are as follows: (1) The accumulated deductions as of January 12, 2008, credited with statutory interest (currently 4% per year) from January 12, 2008, through the Member's date of retirement, installment interest will also be paid from the Member's date of retirement through the date payments commence to Alternate Payee. (2) The coverture fraction in accordance with Paragraph 7(b). (b) (1) If the Alternate Payee is living, Member shall elect a joint and survivor annuity as set forth in 71 Pa. C.S. §5101 et.seq. or any succeeding status. The Alternate Payee shall be the irrevocable survivor annuitant. The amount of the survivor annuity shall be the equitable distribution portion (as defined in paragraph 7(c)) adjusted actuarially for any accumulated deductions paid to the Alternate Payee, further adjusted actuarially so that the amount of the survivor annuity shall equal the amount of the annuity payable to the Alternate Payee during the Member's lifetime. The intent of this option selection is to maintain levelized payments to the Alternate Payee for her life in the event of Member's death after retirement. The Alternate Payee shall receive a portion of her annuity which is payable to the Member during his lifetime, and the same amount, as a survivor annuity, if the Member predeceases the Alternate Payee after retirement. If the Alternate Payee -4- predeceases the Member after retirement, the portion of her annuity payable to the Alternate Payee shall be paid to the Alternate Payee's estate for the lifetime of the Member. (b) (ii) If the Alternate Payee is not living, the Member shalt elect a maximum single life annuity based upon the equitable distribution portion (as defined in Paragraph 7(c)) adjusted actuarially for any accumulated deductions paid to the Alternate Payee's estate (pursuant to Paragraph 10(a)). Such annuity shall be paid to the Alternate Payee's estate for the lifetime of the Member. (c) Member may choose any option with respect to the excess of his entire benefit over the portion awarded the Alternate Payee. Any option selected shall not reduce the amount that is to be paid to the Alternate Payee or her estate under the provisions of this Order. 11. LIMITATION ON RIGHTS: Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each 12. DEATH OF ALTERNATE PAYEE: In the event of the death of the Alternate Payee, prior to the receipt of all of her payments payable to her from SERS under this Order, then any death benefit or retirement benefit payable to the Alternate Payee by SERS shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. 13. BENEFITS NOT PROVIDED BY SERS: In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 14. LIMITATIONS ON BENEFITS: It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member - 5 - based upon cost of living or increase based on other than actuarial value. 15. ENTRY OF DOMESTIC RELATIONS ORDER: The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. RETENTION OF JURISDICTION: The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS and further provided that no such amendment or right of the Court to amend will invalidate this existing Order. 17. RETENTION OF JURISDICTION: Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement, and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS's approval and SERS's approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. Plaintiff lternate Payee At r Laintiff/Alternate y e Defendant/Member Attorney for Member -6- C)-? a , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, V. RAYMOND A. MILLER, Defendant DOMESTIC RELATIONS ORDER Commonwealth of Pennsylvania. State Employees' Retirement System AND NOW, this -' f ? day of MAI? c N , 20 j I , the attached Stipulation and Agreement dated February 24, 2011 of the parties in this case is incorporated, but not merged, into this Order of Court. Distribution to: Attorney For Plaintiff /Member: /James W. Abrah-?m, Esquire, 45 East Main Street, Hummelstown, PA 17036 J ?r Attorney for Defendant Alternate Payee: f ? Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 '- Pte' COpw-% 3 ?s : NO. 09-2081 CIVIL TERM CIVIL ACTION - LAW DIVORCE Plaintiff ?1j?. ORIGINAL ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, Plaintiff V. RAYMOND A. MILLER, Defendant r? NO. 09-2081 CIVIL TERM - CIVIL ACTION - LAW °Zr., = c a . DIVORCE r , AMENDED DOMESTIC RELATIONS ORDER Commonwealth of Pennsylvania State Employees' Retirement System 1. IDENTIFICATION OF MEMBER: The Defendant, Raymond A. Miller, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. GOVERNING STATUTE: SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa.C.S. 555101-5956 ("Retirement Code"). 3. MEMBER'S BIRTH DATE AND SS#: Member's date of birth ism, and Member's Social Security Number is 4. IDENTIFICATION OF ALTERNATE PAYEE: The Plaintiff, Holly C. Miller, (hereinafter referred to as "Alternate Payee") is the former spouse of the Member. Alternate Payee's date of birth ism and Alternate Payee's Social Security Number is??. 5. 6. MEMBER'S ADDRESS: Member's last known mailing address is: 107 Oneida Drive Camp Hill, PA 17011 ALTERNATE PAYEE'S ADDRESS: Alternate Payee's current mailing address is: 38 Kensington Drive Camp Hill, PA 17011 - 1 - It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. BENEFITS PAYABLE TO ALTERNATE PAYEE: The following defines and sets forth the portion of Member's Retirement benefits to be paid to Alternate Payee: (a) The marital property component of Member's retirement benefit equals (1) the coverture fraction multiplied by (2) the Member's retirement benefit on the effective date of Member's retirement. (b) The coverture fraction is a fraction with a value less than or equal to one. The numerator is the amount of Member's service, as defined by SERS, for the period of time from 07/31/2004 (the date of marriage) or the Member's effective date of SERS membership, if later, to 01 /12/2008 (date of separation). The denominator is the total amount of Member's service as defined by SERS, on the effective date of Member's retirement. (c) 55% of the marital property component of Member's retirement benefit is to be allocated to the Alternate Payee as her equitable distribution of this marital asset. 8. DEFINITION OF RETIREMENT BENEFITS AND COMMENCEMENT OF PAYMENTS: Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS or any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from post-separation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 7, multiplied by a reduction factor (calculated to provide benefits actuarially equivalent to an annuity starting at the Member's superannuation age) if payments commence to Member before his superannuation age, shall be payable to Alternate Payee. Payments to Alternate Payee shall commence as soon as administratively feasible on or about the date of the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. IRREVOCABLE BENEFICIARY: Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval of the Secretary of the Retirement Board, or his -2- authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance') shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form and filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she/he has been and continues to be properly nominated under this paragraph. 10. RETIREMENT OPTIONS: The term and amounts of Member's retirement benefits payable after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement and after Member files a retirement application with SERS shall be in accordance with Paragraphs 10(a), 10(b) and 10(c) as follows: (a) Member may elect to receive, by lump sum, 0% to 100% of his accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee shall be determined by multiplying (1) by (2) by (3) where (1), (2) and (3) are as follows: (1) The accumulated deductions as of January 12, 2008, together with statutory interest (currently 4% per year) from January 12, 2008, through the Member's date of retirement. Installment interest will also be paid from the Member's date of retirement through the date payments commence to the Alternate Payee. (2) 36.70% - 3 - (3) Ratio obtained by dividing amount of accumulated deductions the Member elects to receive by the total amount of his accumulated deductions on the effective date of Member's retirement. If the Alternate Payee is not living at the time of Member's retirement, the Alternate Payee's share of any lump sum refund of accumulated deductions shall be paid to the Alternate Payee's estate. (b)(i) If the Alternate Payee is living, Member shall elect a joint and survivor annuity as set forth in 71 Pa. C.S. 55101 et.seq. or any succeeding statute. The Alternate Payee shall be the irrevocable survivor annuitant. The amount of the survivor annuity shall be the equitable distribution portion (as defined in paragraph 10(c)) adjusted actuarially for any accumulated deductions paid to the Alternate Payee, further adjusted actuarially so that the amount of the survivor annuity shall equal the amount of the benefit payable to the Alternate Payee during the Member's lifetime. The intent of this option selection is to maintain levelized payments to the Alternate Payee for her life in the event of Member's death after retirement. The Alternate Payee shall receive her portion of the Member's annuity which is payable to the Member during his lifetime, and the same amount, as a survivor annuity, if the Member predeceases the Alternate Payee after retirement. If the Alternate Payee predeceases the Member after retirement, the benefit payable to the Alternate Payee shall be paid to the Alternate Payee's estate for the lifetime of the Member. (b)(ii) If the Alternate Payee is not living at the time the member files an application for retirement benefits with SERS, the Member shall elect a maximum single life annuity based upon the equitable distribution portion (as defined in Paragraph 10(c)) adjusted actuarially for any accumulated deductions paid to the Alternate Payee's estate (pursuant to Paragraph 10(a)). Such annuity shall be paid to the Alternate Payee's estate for the lifetime of the Member. (c) Member may choose any option with respect to the excess of his entire benefit over the portion awarded the Alternate Payee. Any option selected shall not reduce the amount that is to be paid to the Alternate Payee or her estate under the provisions of this Order. 11. LIMITATION ON RIGHTS: Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each 12. DEATH OF ALTERNATE PAYEE: In the event of the death of the Alternate Payee, -4- prior to the receipt of all of her payments payable to her from SERS under this Order, then any death benefit or retirement benefit payable to the Alternate Payee by SERS shalt be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. 13. BENEFITS NOT PROVIDED BY SERS: In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 14. LIMITATIONS ON BENEFITS: It is specifically intended and agreed by this Court and the parties that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increase based on other than actuarial value. 15. DRO: This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect the Member. The parties have agreed that the terms of this Amended Domestic Relations Order shall be approved, adopted and entered as a Domestic Relations Order. 16. AUTHORITY: This DRO is entered pursuant to the authority granted under the applicable Domestic Relations laws of the Commonwealth of Pennsylvania. 17. MARITAL PROPERTY RIGHTS: This DRO relates to the provisions of marital property rights to the alternate payee. 18. RETENTION OF JURISDICTION: The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS and further provided that no such amendment or right of the Court to amend will invalidate this existing Order. - 5 - 19. SERVICE OF DRO AND EFFECTIVE DATE: Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement, and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS's approval and SERS's approval of any attendant documents and then shall remain in effect until further Order of the Court. BY THE COURT: ( r J. CONSENT TO AMENDED DOMESTIC RELATIONS ORDER HOLLY C. MILLER Date Plaintiff /Alternate Payee 6 M-G,RADCLIFF, ESQUIRE bat me r Plaintiff/Alternat Payee James l? . A6v-ham RAY OND A. MILLER Date Defendant/Me ber JAMES W. ABRAHAM, ESQUIRE Date Attorney for Defendant /Member oopiets 00?4 q,/11 ?Z6 -6- IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER Plaintiff V. RAYMOND A. MILLER Defendant NO. 09 - 2081 CIVIL TERM c3 = M fvt CIVIL ACTION - LAW u)ra DIVORCE -<z - -- « ?a r QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this &** day of Aq. w , 2011, IT IS HEREBY ORDERED AS FOLLOWS: WHEREAS, the Court has jurisdiction over Plaintiff, Defendant and the subject matter of this Order pursuant to and/or as a Qualified Domestic Relations Order ("QDRO") within the meaning of §414(p) of the Internal Revenue Code of 1986 ("code"). The Court enters this QDRO pursuant to its authority under the Divorce Code of the Commonwealth of Pennsylvania. WHEREAS, Plaintiff, Defendant and the Court intend that this Order shall be a QDRO as defined in c°ction 206(d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA") and, WHEREAS, Plaintiff and Defendant have stipulated that the Court enter this Order. NOW THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in the Order, the following terms shall apply: (a) Participant shall mean Raymond A. Miller, whose current address is 107 Oneida Road, Camp Hill, Pennsylvania, 17011, and who was born on November 13, 1957 and whose Social Security Number is 182-50-0040. (b) Alternate Payee shall mean Holly C. Miller, whose current address is 38 Kensington Drive, Camp Hill, Pennsylvania, 17011, and who was born on February 28, 1969 and whose Social Security Number is 147-64-5052. (c) Plan shall mean D&B 401(k) Plan. (d) Plan Administrator shall mean Dun & Bradstreet Corporation. (d) Valuation Date shall mean January 31, 2011. 2. The Alternate Payee is the Spouse of the Participant. 3. Participant and Alternate Payee were married on July 31, 2004 and were legally separated/divorced on January 31, 2011. 4. With respect to marital property, alit nr ny or spousal support awards, the Participant and Alternate Payee were considered married for federal income tax purposes. 5. The Alternate Payee's interest in the Plan shall be Five Thousand Two Hundred Forty Two ($5,242.00) Dollars on the Valuation Date. 6. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be the value of the Alternate Payee's account on the date the distribution is processed. 7. The Alternate Payee's award is not entitled to earnings, dividends, interest, gain and losses from the Valuation Date to the date that the award is segregated from the Participant's account. 8. In the event that there is an outstanding loan balance as of the Valuation Date, the loan balance will not be included for purposes of calculating the account bahmce to be divided. The Alternate Payee's award will be paid from the non-loan assets in the Participant's account on the date that the award is segregated from the Participant's account. 9. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator's agent, Fidelity Employer Services Company, LLC, forthwith. This Order shall remain in effect until further order of this Court. 10. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator: (a) to provide to the Alternate Payee any type or form of benefit or option not otherwise available to the Participant under the Plan; (b) to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or (c) to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order, which has been determined to be a QDRO, before this Order is determined to be a QDRO. 11. Neither Party shall accept any benefits from the Plan, which are the property of the other Party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 12. The Plan and its sponsor and fiduciaries shall not be responsible for any attorney's fees incurred by the Participant or Alternate Payee in connection with the obtaining and enforcing this Domestic Relations Order. Attorney For Plaintiff- V/ Diane liff, Esquire 3448 oad Camp Hill, PA 17011 717-737-0100 Attorney for Plaintiff/ Alternate Payee, Holly C. Miller Attorney for Defendant: James W. Abraham, Esquire Abraham Law Offices, LLC 41itis polx?' $I0 q 100 45 East Main Street Hummelstown, PA 17036 717-566-9380 Attorney for Defendant/ Participant, Raymond A. Miller BY THE COURT: Fidelity Investments QDRO Administration DOMA COMPLIANCE AFFIDAVIT The Federal Defense of Marriage Act of 1996 defines `marriage' as a legal union between one man and one woman as husband and wife. In addition, it defines `spouse' as an opposite-gender husband or wife. The parties hereby, certify under pains and penalty of perjury that the Alternate Payee falls within the definition of `spouse' for former `spouse' in compliance with The Federal Defense of Marriage Act of 1996. This document can be signed in counterpart. t Ra nd A. Miller, Defendant/Participant COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: The above named person, Raymond A. Miller, Defendant/Participant_, signed this document before me under the pains and penalties of perjury this / 7 ?? day of 14 -2-r_i-( , 2011. WITNESS my han and Notarial seal. NOTARY PUBLIC MY COMMISSION EXPIRES: N*NviVMK Nowm a"i dames tlN, +4braham, NoaryPublic MNY1lmeis?mn eoro, Dauphin County Cammieslon Eap" 2i, 2013 Member, Pw;iy_ aoia Aswdatkm- of Nolariee Fidelity Investments QDRO Administration DOMA COMPLIANCE AFFIDAVIT The Federal Defense of Marriage Act of 1996 defines `marriage' as a legal union between one man and one woman as husband and wife. In addition, it defines `spouse' as an opposite-gender husband or wife. The parties hereby, certify under pains and. penalty of perjury that the Alternate Payee falls within the definition of `spouse' for former `spouse' in compliance with The Federal Defense of Marriage Act of 1996. This document can be signed in counterpart. Holly C. iller, Plaintiff/Alternate Payee COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: The above named person, Holly C. Miller Plaintiff/Alternate Payee ., signed this document before me under the pains and penalties of perjury this l E _ day of 2011. WITNESS my hand and Notarial seal. NOT B IC MY CO SSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA !Notarial Seal Diane G. Radd'rff, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Jan. 11, 2012 Member, Pennsyiva.Ka Association of Notaries 1 a r i c J t ?' r' +. 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, Plaintiff V. RAYMOND A. MILLER, Defendant NO. 09-2081 CIVIL TERM : CIVIL ACTION - LAW DIVORCE/CUSTODY NOTICE OF PROPOSED RELOCATION 23 Pa.C.S.A. § 5337 Submitted by: Holly C. Miller, Plaintiff PREVIOUSLY ASSIGNED JUDGE The Honorable Kevin A. Hess, P.J. ATTORNEY FOR PLAINTIFF: Diane G. Radcliff, Esquire (Supreme Court ID No 32112) 3448 Trindle Road Camp Hill, PA 17011 Telephone: (717) 737-0100 Facsimile: (717) 975-0697 Email: dianeradcliffCa)-comcast.net PRIOR ATTORNEY FOR DEFENDANT: James W. Abraham, Esquire 45 East Main Street Hummelstown, PA 17036 Telephone: 717-566-9380 Facsimile: 717-566-9385 Email: abelaw comcast.net DEFENDANT: Raymond A. Miller 107 Oneida Road Camp Hill, PA 17011 Cell Phone: (717) 319-6394 Diane G. Radcliff, Esquire Supreme Court ID Number 32112 3348 Trindle Road, Camp Hill, PA 17011 Phone: 717.737.0100 • Fax: 717.975.0697 • Email: dianeradcliff(aD-comcast. net Attorney for Holly C. Miller IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, Plaintiff NO. 10-3837 CIVIL V. CIVIL ACTION - LAW RAYMOND A. MILLER, IN CUSTODY Defendant PLAINTIFF'S NOTICE OF PROPOSED RELOCATION 23 Pa.C.S.A. § 5337 1. The address of the intended new residence: • 14903 East 15th Spokane Valley, WA 99037 2. The mailing address, if not the same as the address of the intended new residence: • Same 3. Names and ages of the individuals in the new residence, including individuals who intend to live in the new residence: -2- Persons in the New Residence 4 5 Name Age Current or Intended • Anthony Anderman 45 Current • Natalie Anderman 17 Current • Kylie Anderman 15 Current • Anthony Anderman 11 Current • Holly C. Miller 43 Intended • Gabrielle B. Lucente 16 Intended • Dominique P. Lucente 15 Intended • Vincent R. Lucente 13 Intended • Gino R. Lucente 11 Intended • Madison J. Miller 7 Intended Full or Part Time Alternating Weekends Alternating Weekends Alternating Weekends Full Time Full Time Full Time Full Time Full Time Full Time The home telephone number of the intended new residence, if available: • (509) 844-6229 The name of the new school district and school(s): New School District and School(s) • Central Valley School District • Central Valley High School for Gabrielle and Dominique • Evergreen Middle School for Vincent and Gino • Adams Elementary School for Madison -3- 6. The date of the proposed relocation: • June 30, 2012 7. The reasons for the proposed relocation: (A) Financial Current Situation - I am provided Child Support from both fathers and I babysit on a part-time basis. With this income and the economic times, I cannot guarantee a stable income. In addition, the parents are not consistent with payment, and in some cases, checks are considered non efficient funding and I cover those costs. Due to my low income, I receive State assistance (Medical Insurance, Food Stamps, School Lunch assistance). I have submitted an application for Low-Income Home Energy Assistance Program (LIHEAP) Due to my recent divorce; I have been placed in a financial situation that has placed in a stressful situation to provide for my children. Future Opportunity - The move will give me an opportunity and help me become finically free of debt (over-time). By not having the amount of debt, I will be able to provide for my children more easily without the stress of worrying about where I will receive the finances to assist with their growing needs. Moreover, I will be able to free myself of State Assistance. (B) Career Current Situation - Since my divorces and the amount of time I work with babysitting, I have been unable to attend higher education to glean further knowledge, skills, and abilities to further my career. Future Opportunity - My goal and passion will be to continue the education in civil service and assist others; in example, the elderly and children with special needs who cannot provide for themselves. I have, in the past, received numurouse certification classes in child development with special needs and provided care for the elderly. With my past experience, I will attend further certification classes and in higher education settings to enhance my skills, knowledge, and abilities to pursue my passion to help other. With this, I will be able to be employable. By obtaining a job, I will be -4- able to attain social security, retirement benefits, medical and dental. By procuring these benefits and an enhanced monthly wage, it will assist me in providing for my children's needs and future. (C) Extended Family Current Situation - I was raised in Lake Stevens Washington; therefor, my family (i.e., Mother, four brothers, and one sister) have lived in Washington State for approximately 40 years. I moved from Washington to pursue my first husband career. With this move, my family has been fragmented. I have been unable to spend quality time with them and my children have been unable to shape a relationship with my mom, brothers, sister, cousins and their families. In addition, my mom recently suffered a stroke. This is concerning, due to my distance from her and my children's relationship with her. Future Opportunity - By moving closer to my family, I will be able to reestablish a relationship with my mother, brothers, and sister. My children will be able begin establishing family relationship and to have a better understanding my family values (i.e., family gatherings, church, culture etc.). (D) Future Opportunity - By moving to Washington and living with my fiance Anthony Alan Anderman, this will give me an opportunity to live a healthy and stable life. Anthony and I have known each other for approximately 25 year. Anthony works for the Washington State Criminal Justice Training Commission. He educates Law Enforcement officers and Corrections officers in basic and advanced skills, knowledge, and abilities. He is well respected among his peers, supervisors, and Chief's and Sheriff's in the State of Washington. He teaches part-time as an adjunct professor for Webster University at Fairchild AFB. He has earned his Bachelors and Master of Science in the Adult education from Southern Illinois University, Carbondale. He began his career working in a facility that housed Juvenile Offenders as a supervisors and a mentor. He also is a part-time consultant for a company contracted through the Department of Justice and works with military and law enforcement officers worldwide. He is divorced and has three children. Honorably, he served in the United States Marine Corp and is a veteran of the Golf War. -5- My children have established a quality, trustworthy, secure relationship with Anthony. They call him by Tony and enjoy Tony's presence and always look forward to his visits he makes to Pennsylvania, phone calls, and Skype sessions. Tony has successfully, overthe lastthree years, built a relationship of mentorship and friendship with them. He has not taken the father role and has made it very clear, that he is there to support their mom, and to be a sounding board for life inquisitions. My two boys and Tony's son interact via Xbox Live. Tony brings with him maturity, life goals, and family values. He believes in educations, ethics, and fairness. By moving to Spokane, I will not have worry about rent and other bills that come with renting or owning a home. Tony is competent in this area and believes in financial freedom and in paying off debt fully and living life for the family. By being with Tony, this will give me the chance to move closer to my passion and working with those in need, developing a stable career for myself so that I can better provide for my children growing needs. 8. A proposal for a revised custody schedule: The Plaintiff's proposed revised custody schedule is attached hereto, marked Exhibit 1 and made a part hereof. 9. Any other information which the party proposing the relocation deems appropriate: • The school calendar and information regarding the schools is attached hereto, marked Exhibit 2 and made a part hereof • There is a chapter of Little People of America in the vicinity of my proposed residence. 10. A counter-affidavit in the form provided under 23 Pa.C.S.A. § 5337 subsection (d)(1) which can be used to object to the proposed relocation and the modification of a custody order is attached hereto marked Exhibit and made a part hereof. 11. The non-relocating party is advised that if the non-relocating party does not file with the court an objection to the proposed relocation within 30 days after receipt of the notice, that party shall be foreclosed from objecting to the relocation. 12. If any of the information required by 23 Pa.C.S.A. is not known when this notice is sent but is later made known to the party proposing the relocation, then that party -6- shall promptly inform every individual who received notice under this subsection. Dated: April 5, 2012 Respectfully submitted, DI E G. DCLIFF, QUIRE Sup a Court ID #32112 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Attorney for Plaintiff, Holly C. Miller -7- VERIFICATION I verify that the statements made in the foregoing document 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: 12- HOLLY C. MILLER CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on April 5, 2012, 1 am serving a copy of the foregoing pleading upon the following persons by mailing same by first class mail, postage prepaid, addressed as follows: James W. Abraham, Esquire 45 East Main Street Hummelstown, PA 17036 (Attorney for Defendant) Raymond A. Miller 107 Oneida Road Camp Hill, PA 17011 (Defendant) Dated: April 5, 2012 BQANE G. DCLIFP;`ESQUIRE I Supre ourt ID #32112 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Attorney for Plaintiff, Holly C, Miller -9- EXHIBIT 1 PLAINTIFF'S PROPOSED REVISED CUSTODY SCHEDULE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, V. Plaintiff : NO. 09-2081 CIVIL TERM CIVIL ACTION - LAW RAYMOND A. MILLER, DIVORCE/CUSTODY Defendant This Order is entered regarding Plaintiff, Holly C. Miller ((hereinafter referred to as "Mother") and Raymond A. Miller (hereinafter referred to as "Father") and their child, Madison J. Miller, age 7, born on October 22, 2004, (hereinafter referred to as the "Child"). 2. The parents shall share and have joint legal custody of the child. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. As soon as practical after the receipt by a parent, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other parent. Despite this Order, if any service provider or professional still requires a release of a parent to access the child's educational, religious or medical information, both parents shall execute a release within ten (10) days of any written request by a parent or his or her counsel. Notwithstanding that both parents share legal custody, non-major decisions involving the child's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 3. Mother will have primary physical custody of the child, Madison J. Miller, and is allowed to move with the child to Spokane Washington on June 30, 2012. 4. Until June 30, 2012, Father will have partial physical custody in accordance with the schedule as set forth in the August 9, 2010 Order of Court. 5. Effective June 30, 2012, Father shall have periods of partial physical custody as follows: (A) In the summer of 2012, from June 30, 2012 until fourteen (14) days preceding the first day of school for the child in the fall. Mother shall be entitled to exercise a three (3) consecutive day visit with the child in Pennsylvania during the month of July, provided she notifies Father of her intention to do so at least four (4) weeks in advance of the visit. (B) Starting with the summer of 2013 and in summers thereafter, from the 7th day following the last day of school until fourteen (14) days preceding the first day of school for the child in the fall. (C) During each Easter/Spring school break, (or the longer of the two if exercised separately) from the first full day off school to the last day off school. (D) During Thanksgiving from the first day off school until the last day off school. (E) Christmas, in 2012, from December 26th through January 1 and each and every even year thereafter. In odd years, from December 23 Id through January 1St (F) During each school year, Father may exercise custody for one (1) weekend per month in Spokane, Washington from 6:00 p.m. Friday through 6:00 p.m. Sunday, provided he gives Mother four (4) weeks advanced notice before traveling to Spokane. Father shall not exercise his monthly weekends on the weekend immediately preceding Thanksgiving Day or on the weekend prior to the first day the child have off school preceding Christmas so that Mother may use those weekends to celebrate the holidays with the child. 6. Unless otherwise agreed between the parties, Mother shall pay for the child's airline tickets to return child to Father at the beginning of each holiday or summer vacation and Father shall pay for the child's airline tickets to return the child to Mother's custody 7. Father shall be entitled to contact his child daily by either placing a telephone call at 5:00 p.m. PST (8:00 p.m. EST), or initiating a Skype session at 5:00 p.m., PST (8:00 p.m. EST), or such other time as the parties shall mutually agree. Father shall give Mother at least three (3)days advanced notice before each Skype session so that Mother knows to make her computer available for the sessions. Mother shall have reasonable and regular telephone and/or email access to the child during the summer and holiday custody periods with Father, with special emphasis on Mother having a telephone call with the child on Thanksgiving Day and Christmas Day. EXHIBIT 2 SCHOOL CALENDAR AND SCHOOL INFORMATION Centra'V'alley School District2012-2013 Calendar September M T W T F= 10 17 24 4 11 18 25 6 7 1? C 13 14 19 20 21 26 27 28 (18) October M T W T F 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 e 23 a 24 * 25, * 26, 29 30 31 (23) November M T W T F 1 2 5 6 7 8 9 13 14 15 16 19 20 •21 26 27 28 29 t 30 (19) December M T W T F 3 4 5 6 7 10 11 12 13 14 17 18 (12) r FM SEPTEMBER September 3 ..................................... Labor Day September 4............ Employee Orientation Day September5 ................................School Begins September 13 ..... Late Start Collaboration Begins OCTOBER October 23-26 .......Middle School Conferences NOVEMBER November 12 .............. Veterans Day Observed November 14-20 .........Elementary Conferences November 21 ................................Early Release November 22-23 .................Thanksgiving Break November 30 ..................... First Trimester Ends DECEMBER December 3 ................ Second Trimester Begins December 19-January 1 ............... Winter Break JANUARY January 1 ..................................New Year's Day January 2 ................................. School Resumes January 21 ................... Martin Luther King Day January 25 ..........................First Semester Ends January 28 ................... Second Semester Begins FEBRUARY February 15 ........................Snow Make-up Day February 18 .............................. Presidents' Day February 20-22........ Middle School Conferences MARCH March 13 ....................... Second Trimester Ends March 14 ....................... Third Trimester Begins March 22- 29 ...............Elementary Conferences APRIL April 1-5 ....................................... Spring Break MAY May 24 ............................... Snow Make-up Day May 27 ....................................... Memorial Day JUNE June 6........ Barker High School Graduation Day June 8 .......................................Graduation Day June 14 ...........................................School Ends June 24 .......................... Summer School Begins JULY July 4 ....................................Independence Day July 4,5 ................................No Summer School July 26 .............................. Summer School Ends January E M T W T F G E 2 3 4 N 7 8 9 10 11 D 14 15 16 17 18 22 23 24 `25 ? 28 29 30 31 (21) July M T W T F 1 2 3' 8 9 10 11 12 isit cmd org for required 15 16 17 18 19 state testing dates. 22 23 24 25 X 26 29 30 31 • Employee Orientation Day IL School Begins & Ends No School m- Beginning of Trimester Grading Period 21 End of Trimester Grading Period • Early Release E Semester Ends ? Semester Begins No $Oooaf,oiless Snow Matte-up Day O Late Start Collaboration Begins Se Elementary Conferences • Middle School Conferences Summer School Begins X Summer School Ends February M T W 1 T F 1 4 5 6 7 8 11 12 13 14 19 e 20 21 e22 25 26 27 28 (18) March M T W T F 1 4 5 6 7 8 11 12 -/M13 '; 14 15 18 19 20 21 to 22 25 26 !!27 28 1c 29 (21) April M T W T F 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 May M T (17) W T F 1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 1111111111 D E 29 30 31 (21) June M T W T F 3 4 5 6 7 10 11 12 13 "•14 17 18 19 20 21 24 25 26 27 28 t IV) August M T W T F i I 1 11 2 5 6 7' 81 9 12 13 14 15 16 1911 20 21 ' 22 23 26?_ 27 281 29 30 Al-ch 1, 2011 Ytrulia Greenacres, WA LOCAL ? Buy Rent Advice Mortgage Loci Don._. t Forget to Check Your 3 2012 Credit Scores - Start Your Trial Central Valley School District 356 School District Overview Address Profile 19307 E Cataldo Ave Grades: PK-12 Greenacres, WA 99016 Schools: 22 (509) 228-5400 Students: 12,342 District Website District type: Public View maa Parent Reviews (more info) View homes in this district Central Valley School District 356 22 Public Schools Private and Catholic schools are not administered by this school district. We have included other nearby schools to help you find schools in this area. Elementary Middle High SCHOOL NAME TYPE CLASS SIZE PARENT REVIEWS Sunrise Elementary School Public 21 Liberty Lake Elementary School Public 18 Chester Elementary School Public 22 Ponderosa Elementary School Public 19 Summit School Public 15 South Pines Elementary School Public 17 Greenacres Elementary School Public 18 Opportunity Elementary School Public 18 University Elementary School Public 14 Adams Elementary School Public 17 Mcdonald Elementary School Public 15 Progress Elementary School Public 21 http://www.trulia.comischool-districtlWA-Spokane_CountylCentra]_Valley_School_District 356/ 1/27/2012 SCHOOL NAME TYPE CLASS SIZE PARENT REVIEWS < Prev C1 2 3 4 Next > Test Scores for Central Valley School District 366 Central Valley School [district 366 ,HSPE Scores (2010 - Grade 10) 4 100 C 90 80 o 70 c 'v 80 50 40 30 v 10 E o ag HSPE' Test Scores Grade Level: 10 Test Year: 2010 kQ) Central Valley School District 356 ) Washington (L * In 2009-2010 Washington used the High School Proficiency Exam (HSPE) to test students in reading, math, writing and science in grade 10. The HSPE is a standards-based test, which means it measures how well students are mastering specific skills defined for each grade by the state of Washington. The grade 10 HSPE is a high school graduation requirement. The goal is for all students to score at or above the state standard. http://www.trulia.com/school-districtlWA-Spokane_County/Central_Valley_School_District 356/ 1/27/2012 School Profile for Evergreen Middle School Test scores Enrollment Programs Resources 6. c a Y K 4 c Evergreen Middle School Scores (2010 - Grade B) 100 u E e 90 00 70 60 50 40 30 20 10 MSP* Test Scores Grade Level: $ Test Year: 2010 d)Evergreen Middle School ILO) Central Valley School District 356 ?W I Washington School Profile for Adams Elementary School Test scores Enrollment Programs Resources Adams Elementary School Scores (1010 - Grade 3) 0 100 90- co 80- 70 60 u 50 w 40 o IM _c 20 10 ;x 0 MSP* Test Scores Grade Level: s Test Year: 2010 Q%Adams Elementary School MCentral Valley School District 356 L Washington EXHIBIT 3 23 Pa.C.S.A. § 5337 (d)(1) COUNTER-AFFIDAVIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, Plaintiff NO. 10-3837 CIVIL V. RAYMOND A. MILLER, Defendant CIVIL ACTION - LAW IN CUSTODY COUNTER-AFFIDAVIT REGARDING RELOCATION 23 Pa.C.S.A. § 5337 (d)(1) This proposal of relocation involves the following child/children: CHILD'S NAME CHILD'S AGE CURRENTLY RESIDING AT: Madison J. Miller 7 38 Kensington Drive Camp Hill, PA 17011 I have received a notice of proposed relocation and: 1. 1 do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to the notice. 2. 1 do not object to the relocation, but I do object to modification of the custody order, and I request that a hearing be scheduled: El a. Prior to allowing (name of child/children) to relocate. b. After the child/children relocate. 3. 1 do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation. I verify that the statements made in the foregoing document 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: RAYMOND A. MILLER HOLLY C. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION (IN DIVORCE) RAYMOND A. MILLER, : -?, Defendant : NO. 2009-2081 CIVIL TERM rZ x-C: o CD ¢? RAYMOND A. MILLER : IN THE COURT OF COMMON PLEAS OF , Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA M` V. : CIVIL ACTION (IN CUSTODY) HOLLY MILLER, Defendant : NO. 2010-3837 CIVIL TERM ORDER OF COURT IN RE: CONSMIDA11M AND NOW, this 23rd day of May, 2012, upon consideration of the Notice of Proposed Relocation fled by Plaintiff Holly C. Miller at No. 2009-2081 Civil Term (divorce action), and the Counter-Affidavit Regarding Relocation filed by Plaintiff Raymond A. Miller at No. 2010-3837 Civil Term (custody action), with respect to the proposal of Holly C. Miller to relocate with the parties' child, Madison J. Miller (d.o.b. November 22, 2004), the above-captioned cases are consolidated sua slponte by the court for purposes of consideration of the custody relocation issue. BY THE COURT, A.] .lr., . . ? Joanne Harrison Clow, Esq. 3820 Market Street Camp hilt, PA 17011 Athmney for Raymond A. Miller c/Diam G. Radcliff Esq. 3448 Trindle Road Camp Hill, PA 17011 Attmwy for Holly C. Miller ? Johouna. H. Rump, Esq. Ting and 4'Comell 4701 North Front Street Hwfisbur& PA 17110 Coufesy Copy Attorney for Richard Vincent Lucente at No. 02-5647 Civil Tenn. iteq/ s?a3/ia Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY C. MILLER, Plaintiff V. RAYMOND A. MILLER, Defendant NO. 09-2081 CIVIL TERM CIVIL ACTION - LAW CUSTODY C-) N t.9 t-a m ? rV t 3> ? .d ORDER OF COURT RE: Plaintiffs Proposed Relocation 23 Pa.C.S.A. § 5337 AND NOW, this A&-t? day of , 2012 upon Motion of Diane G. Radcliff, Esquire, Attorney for Plaintiff, Holly C. Miller, and pursuant to the provisions of 23 Pa.C.S.A. § 5337(g)(1), IT IS HEREBY ORDERED that an expedited hearing on Plaintiffs Proposed Relocation is scheduled for the 30V4 day of 2012 at 3d o'clock m. in Courtroom of the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. BY THE COURT: KEVIN A. HESS, P.J. Distribution to: Attorney for Plaintiff: Attorney for Defendant: /Diane G. Radcliff, Esquire /James W. Abraham, Esquire 3448 Trindle Road 45 East Main Street Camp Hill, PA 17011 Hummelstown, PA 17036 eO?,e--s ,wa.W q1a&11,1- fell 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY CATHLEEN LUCENTE, now known as, HOLLY C. MILLER, Plaintiff V. RAYMOND A. MILLER, Defendant NO. 09-2081 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT RE: Plaintiff's Proposed Relocation 23 Pa.C.S.A. , 5337 C'7 G r1i zM :Z;o U.)r- C C X CD C rv -c N W c.n 0 AND NOW, this 2 day of rn!!±7 , 2012 the expedited hearing on Plaintiff's Proposed Relocation scheduled for May 30, 2012 is rescheduled for the 25th day of May, 2012 at 2:00 o'clock p.m. in Courtroom 4 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. Distribution to: BY THE COURT: KEVI A. HESS, P.J. "i rn-- C) Attorney for Plaintiff: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant: Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 HOLLY C. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS : CIVIL ACTION (IN DIVORCE) RAYMOND A. MILLER, NO. 2009-2081 CIVIL TERM Defendant : RAYMOND A. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION (IN CUSTODY) HOLLY MILLER, NO. 2010-3837 CIVIL TERM Defendant : HOLLY CATHLEEN LUCENTE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 02-5647 CIVIL TERM RICHARD VINCENT LUCENTE, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 25th day of May, 2012, upon consideration of the relocation requests in the above-captioned cases and following ah initial period of hearing which has not yet been completed, the record shall remain open. It is noted that at the time of adjournment on today's date Respondent Lucente had presented (out of order) the testimony of a psychotherapist, Mary Jo Devlin, and that Petitioner had secured the admission of two exhibits, Petitioner's Exhibit 1 (letter) and Petitioner's Exhibit 2 (e-mail). No other witnesses had been called, and no other exhibits have been identified or admitted. Counsel are requested to contact the Court's secretary for purposes of scheduling additional periods of hearing in these cases. By the Court, J. ?esley 1 , Jr., S.J. ? Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 For Holly C. Miller Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 For Raymond A. Miller ? Johanna H. Rehkamp, Esquire Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 For Richard Vincent Lucente : mlc 4:e-s N?cc. ?C (>/l??/a L? c r) . c- ?._ . ' ?. zt rj cil ,EL (" or HOLLY C. MILLER, Plaintiff V. RAYMOND A. MILLER, Defendant RAYMOND A. MILLER, Plaintiff HOLLY MILLER, V. Defendant HOLLY CATHLEEN LUCENTE, Plaintiff V. RICHARD VINCENT LUCENTE, Defendant C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN DIVORCE) NO. 2009-2081 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN CUSTODY) NO. 2010-3837 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN DIVORCE) NO. 02-5647 CIVIL TERM )RDER OF COURT AND NOW, this 21st day of June, 2012, upon consideration of the request to relocate in the above captioned cases, and following a third day of hearing which has not yet been completed, the record shall remain open. A final day of hearing in this case is scheduled for Monday, June 25, 2012, commencing at 9:30 a.m., in the courtroom in the Old Courthouse, Carlisle, Cumberland County, Pennsylvania. 'mph _ MV ..' un By the Court, H. MILLER v. R. MILLER, R. MILLER v. H. MILLER, MILLER v. LUCENTE p/ Diane G. Radcliff, Esquire For Holly C. Miller v Joanne Harrison Clough, Esquire For Raymond A. Miller f/ Johanna H. Rehkamp, Esquire For Richard Vincent Lucente / Court Administration :vae COP, eS AAa-lel /a??a HOLLY C. MILLER, Plaintiff V. RAYMOND A. MILLER, Defendant RAYMOND A. MILLER, Plaintiff V. HOLLY MILLER, Defendant HOLLY CATHLEEN LUCENTE, Plaintiff V. RICHARD VINCENT LUCENTE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN DIVORCE) NO. 2009-2081 CIVIL TERM j/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN CUSTODY) NO. 2010-3837 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN DIVORCE) NO. 02-5647 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of June, 2012, upon consideration of the relocation request in the above captioned cases, and following a fourth day of hearing which has not yet been completed, the record shall remain open. The Court will resume on Tuesday, June 26, 2012, at 9:30 a.m., in the hearing room on the fifth floor of the courthouse in Carlisle, Pennsylvania. By the Court, J( Wbsley Ole;r; Jr., Diane G. Radcliff Esquire' For Holly C. Miller Cn 260 -?3 racs --1 Joanne H. Clough, Esquire r~ For Raymond A. Miller N C!1 i c7 Johanna H. Rehkamp, Esquire ? For Richard Vincent Lucente °-- b N a Court Administrator -.? p 3a :vae HOLLY C. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION (IN DIVORCE) RAYMOND A. MILLER, : NO. 2009-2081 CIVIL TERM ? Defendant : RAYMOND A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION (IN CUSTODY) HOLLY MILLER, : NO. 2010-3837 CIVIL TERM Defendant . HOLLY CATHLEEN LUCENTE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 02-5647 CIVIL TERM RICHARD VINCENT LUCENTE, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 26th day of June, 2012, upon consideration of the requests for relocation of children in these cases, the record is declared closed and the matter is taken under advisement. ? Diane G. Radcliff, Esquire For Holly C. Miller ? Joanne Harrison Clough, Esquire For Raymond A. Miller V Johanna H. Rehkamp, Esquire For Richard Vincent Lucente mlc c.4,e5 w?a• ?' ??d ?L C C CI N co co x -.4 w -< r- --4 C3 , 0 -n X. c~ By the Court, HOLLY CATHLEEN LUCENTE, Plaintiff V. RICHARD VINCENT LUCENTE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN CUSTODY) NO. 2002-5647 CIVIL TERM HOLLY C. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION (IN DIVORCE) RAYMOND A. MILLER, Defendant : NO. 2009-2081 CIVIL TERM RAYMOND A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION (IN CUSTODY) HOLLY MILLER, Defendant : NO. 2010-3837 CIVIL TERM IN RE: CUSTODY RELOCATION BEFORE OLER, S.J. ORDER OF COURT AND NOW, this 29th day of June, 2012, upon consideration of the Notices of Proposed Relocation filed by Holly C. Miller (formerly Lucente), and of the Counter- Affidavits Regarding Relocation filed by Richard Vincent Lucente and Raymond A. Miller, following a hearing held on May 25, June 20-21, and June 25-26, 2012, and for the reasons stated in the accompanying opinion, the proposed relocations of the parties' I c children to Spokane Valley, Washington, are authorized. Revised custody orders in the forms attached to the accompanying opinion will be entered of even date herewith. A FURTHER HEARING is scheduled to determine whether the terms of the revised orders should be continued or modified based upon the circumstances then existing on Wednesday, January 2, 2013, at 9:30 a.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania. ? Diane G. Radcliff Esq. r0? 3448 Trindle Road `? Camp Hill, PA 17011 Attorney for Holly C. Miller (formerly Lucente) Johanna H. Rehkamp, Esq. Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 Attorney for Richard Vincent Lucente Joanne Harrison Clough, Esq. 3820 Market Street Camp Hill, PA 17011 Attorney for Raymond A. Miller BY THE COURT, /14 "Wesley Ol ., S.J. tc$ r" m v ?c o 7? n :X t HOLLY CATHLEEN : IN THE COURT OF COMMON PLEAS OF LUCENTE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION (IN CUSTODY) V. RICHARD VINCENT LUCENTE, Defendant : NO. 2002-5647 CIVIL TERM HOLLY C. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION (IN DIVORCE) RAYMOND A. MILLER, Defendant : NO. 2009-2081 CIVIL TERM RAYMOND A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION (IN CUSTODY) HOLLY MILLER, Defendant : NO. 2010-3837 CIVIL TERM IN RE: CUSTODY RELOCATION BEFORE OLER, S.J. OPINION and ORDER OF COURT OLER, S.J., June 29, 2012. These custody relocation cases illustrate the dilemma posed when a parent wishes to relocate with his or her children and (a) it is clearly in the children's best interest to remain together and in the primary custody of that parent, (b) a separation of the children from the other parent will nevertheless have a detrimental effect upon them, and (c) the 1 parent who seeks authorization to relocate the children will be moving regardless of whether the court permits the relocation of the children. Specifically, herein, the mother of four children by one respondent and of one child by a second respondent, both of whom are exemplary fathers, has filed notices of proposed relocation from Camp Hill, Cumberland County, Pennsylvania, to Spokane Valley, Washington,' in order to reside with her fiance, to improve what she regards as an untenable financial situation, to utilize the relative independence thus achieved to obtain part-time employment and further her education, and to benefit from the association with members of her family who live in Washington State, and has credibly represented that she will be moving regardless of whether the relocation of the children is authorized. A five-day hearing was held in this matter on May 25, June 20-21, and June 25-26, 2012. For the reasons stated in this opinion, the relocation of the children will be approved, subject to a further hearing in January of 2013, to determine, inter alia, whether Petitioner's marital, educational, occupational, financial, and housing representations have been carried out. STATEMENT OF FACTS Petitioner is Holly C. Miller (formerly Lucente), 43, who currently resides in Camp Hill, Cumberland County, Pennsylvania. Respondent Richard Vincent Lucente, 46, resides in Mechanicsburg, Cumberland County, Pennsylvania. Respondent Raymond A. Miller, 54, resides in Camp Hill, Cumberland County, Pennsylvania. All three Cumberland County residences are within a few miles of each other and in the same school district. ' Notice of Proposed Relocation, No. 2002-5647 Civil Term, filed April 5, 2012; Notice of Proposed Relocation, No. 2009-2081 Civil Term, filed April 5, 2012. The latter Notice of Proposed Relocation was inadvertently filed at a divorce action between the mother and father, and the father's objection to the relocation was filed at the parties' custody action. Counter-Affidavit Regarding Relocation, No. 2010- 3837 Civil Term, filed April 18, 2012. The court has consolidated the custody and divorce actions for purposes of the relocation issue. Order of Court, Nos. 2009-2081 Civil Term (in divorce) and 2010-3837 Civil Term (in custody), May 23, 2012. 2 Petitioner was married on December 11, 1992, to Respondent Lucente. Four children were born of the marriage: Gabriele B. Lucente (d.o.b. April 14, 1995); Dominique P. Lucente (d.o.b. August 12, 1996); Vincent R. Lucente (d.o.b. July 16, 1998); and Gino R. Lucente (d.o.b. March 11, 2000). Petitioner and Respondent Lucente separated in November of 2002, and were divorced on May 30, 2003. Following her divorce from Respondent Lucente, Petitioner married Respondent Miller on July 31, 2004. One child was born of the marriage: Madison J. Miller (d.o.b. November 22, 2004). Petitioner and Respondent Miller separated in January of 2008 and were divorced on February 23, 2011. Petitioner is currently engaged to Anthony Anderman, 45, whom she knew in high school and who resides in Spokane Valley, Washington. He has three children who are in his partial custody on alternating weekends. As of June 30, 2012, Petitioner will have relocated her residence to that of Mr. Anderman in the State of Washington. With respect to custody of the four Lucente children, the existing 2003 custody order provides for shared legal custody, primary physical custody in the mother, and partial physical custody in the father on alternating weekends from Friday at 6:00 p.m. until Monday at 8:00 p.m., each Wednesday from 6:00 p.m. until Thursday at 8:00 p.m., on certain holidays, and for an additional period of two non-consecutive weeks during the summer.2 In practice, Respondent Lucente's periods of partial physical custody until recently included an additional overnight every two weeks, resulting in his having 150- 160 overnights per year, but Petitioner terminated these unmandated periods of partial physical custody. With respect to custody of the Miller child, the existing 2010 custody order provides for shared legal custody, primary physical custody in the mother, and partial physical custody in the father on alternating weekends from Friday at 5:30 p.m. to Sunday at 7:30 p.m., every Wednesday from 5:30 p.m. to Thursday at 8:30 a.m., every 2 Custody Order, May 28, 2003, No. 2002-5647 Civil Term. 3 other week from Monday at 5:30 p.m. to Tuesday at 8:30 a.m., and on certain holidays.3 In practice, Respondent Miller's periods of partial physical custody have included an occasional additional hour, and his overnights total about 143 per year. Petitioner mother, who is a high school graduate, was until recently self-employed in Cumberland County, Pennsylvania, as a day-care provider, but the business proved financially unsustainable. Respondent Lucente, who has a bachelor of science degree, has been employed as a "development engineer" with a company known as T.E. Connectivity for 14 years and lives in a three-bedroom house, which he rents. Respondent Miller, who has a bachelor of arts degree, has been employed since 2002 in the computer division of PHEAA (Pennsylvania Higher Education Assistance Agency), with third party oversight," and lives in a three-bedroom house, which he owns. Petitioner's fiance, who has bachelor of science and master of science degrees, is employed by the State of Washington and performs periodic contractual work for the Defense Department, earns about $110,000.00 a year, and lives in a three-bedroom house, which he rents; however, in the event the relocation of the children is approved he and Petitioner will be purchasing a larger home to accommodate the expanded household. Petitioner received a discharge in bankruptcy from debts totaling about $18,000.00 in 2004; since then she has accumulated new debt in the amount of $28,000.00 and her monthly expenses far exceed her income. Respondent Lucente is $40,000.00 in debt, but appears to be able to remain current on the minimum payments on the debt as a result of his employment. Respondent Miller is financially solvent. Both respondents are current on their child support obligations. The finality of Petitioner's decision to move to the home of her fiance in Washington, whether or not she retains primary physical custody of her children, has been evidenced by her commitment to her fiance, the termination of the lease on her present residence as of June 30, 2012, and her disposal of household furnishings. In its capacity as trier-of-fact, the court is, unfortunately, convinced of her resolve in this 3 Custody Order, August 9, 2010, No. 2010-3837 Civil Term. 4 regard. The court has also found credible her explanation for the decision, as summarized at the beginning of this opinion. Significantly, the consensus of the children is that Petitioner's decision to move to Washington is her best option under the circumstances, and they are not uncomfortable with the prospect of Mr. Anderman's being their step- father. Petitioner has been the primary custodian of all of the children since 'their birth. The children are extremely close to their mother and to each other. Each child is performing satisfactorily, or better than satisfactorily, in school, and each has impressed the court with his or her.poise, intelligence, and maturity under very stressful conditions. However, three of the children of Petitioner and Respondent Lucente have suffered from, and been treated for, depression. Madison, the seven-year-old daughter of Petitioner and Respondent Miller, and youngest of the siblings, has a condition known as achondroplasia. Both Petitioner and Respondent Miller have been active on her behalf in the organization known as Little People of America. She is a dear, precocious child, articulate beyond her years, who sleeps with her mother and is lovingly nurtured by her siblings. It would, in the court's view, be devastating to her to separate her from the household in which her mother lives and from her brothers and sisters. As noted, both respondents are exemplary fathers. A recitation of their activities in connection with the children only weakly conveys the importance of their roles in the lives of the children. Respondent Lucente was instrumental in securing therapy for his oldest daughters, terminated a romantic relationship in which he was involved because he felt it was interfering with his responsibilities as a father, has continued to meet his financial obligations to his children through stable employment, works part-time at the YMCA to provide a family membership for his children, is better able to help the children with their homework than Petitioner, has offered Petitioner an opportunity to move back into his home with the children, and does much more. 5 Respondent Miller has renovated his home to accommodate the needs of his daughter, has provided an oxygen system to ameliorate her condition of sleep apnea, gardens, plays and shops with her, looks in on her several times a night when she is with him to be sure that she is all right, serves as a "room mom" and "secret reader" at her school, supports her financially, and admittedly "spoils" her. Madison is, quite simply, "the joy of [his] life." Petitioner's fiance, who testified at the hearing on behalf of Petitioner, impressed the court as sincere in his expression of love for Petitioner, personally responsible and realistic, and compatible with the children. More than one child described him as "cool." Petitioner's case for relocation, while sincerely based, is not without arguable flaws, in addition to the detriment of diminished contact with the respondents which it would necessarily entail. Petitioner's reattachment to her fiance is relatively recent, has not produced a date for a wedding, is coincident with financial necessity on the part of Petitioner, and may or may not prove more durable than her prior marriages. The children are not well-acquainted with their prospective step-father or his children. Petitioner's family members in Washington are no closer than two hours from the relocation residence in Spokane Valley, and Petitioner's recent contact with them has been minimal. The facilitation of frequent personal contact between the children and their fathers at the distances occasioned by the relocation would be an expensive proposition. Finally, Petitioner's decision to relocate, with or without the children, belies her contention that "[her] children are [her] life," and is subversive to the policy underlying the Commonwealth's custody relocation doctrine. With all of this said, the court has reached the conclusion that the best interests of these closely-bonded children depend upon their continued primary residence in a common household, with each other and with their mother, and that a denial of relocation in this unique case would thwart those interests, with irreparable harm to at least one of the children and, on balance, overall detriment to the others. 6 DISCUSSION The law with respect to custody relocation cases has been codified effective January 24, 2011, at 23 Pa. C.S. §5337. With respect to the burden of proof, the statute provides as follows: (1) The party proposing the relocation has the burden of establishing that the relocation will serve the best interest of the child as shown under the factors set forth [below]. (2) Each party has the burden of establishing the integrity of that party's motives in either seeking the relocation or seeking to prevent the relocation.4 With respect to the effect of a unilateral relocation in the absence of a judicial resolution of the issue, the statute provides that, "[i]f a party relocates with the child prior to a full expedited hearing, the court shall not confer any presumption in favor of the relocation. ,5 Finally, with respect to the factors to be considered by a court in ruling upon the issue of relocation, the statute provides as follows: In determining whether to grant a proposed relocation, the court shall consider the following factors, giving weighted consideration to the factors which affect the safety of the child: (1) The nature, quality, extent of involvement and duration of the child's relationship with the party proposing to relocate and with the nonrelocating party, siblings and other significant persons in the child's life. (2) The age, developmental stage, needs of the child and the likely impact the relocation will have on the child's physical, educational and emotional development, taking into consideration any special needs of the child. (3) The feasibility of preserving the relationship between the nonrelocating party and the child through suitable custody arrangements, considering the logistics and financial circumstances of the parties. (4) The child's preference, taking into consideration the age and maturity of the child. 4 23 Pa. C.S. §5337(i) (burden of proof). s 23 Pa. C.S. §53370) (effect of relocation prior to hearing). 7 (5) Whether there is an established pattern of conduct of either party to promote or thwart the relationship of the child and the other party. (6) Whether the relocation will enhance the general quality of life for the party seeking the relocation, including, but not limited to, financial or emotional benefit or educational opportunity. (7) Whether the relocation will enhance the general quality of life for the child, including, but not limited to, financial or emotional benefit or educational opportunity. (8) The reasons and motivation of each party for seeking or opposing the relocation. (9) The present and past abuse committed by a party or member of the party's household and whether there is a continued risk of harm to the child or an abused party. (10) Any other factor affecting the best interest of the child. 6 In the present case, the court has concluded that the motives of the parties in seeking and opposing relocation are sincere and reasonable, that the relocation will enhance the general quality of life for Petitioner, that by extension and for the other reasons stated above the best interests of the children will be served by their relocation with Petitioner, and that feasible alternatives can be made to preserve the relationship between the nonrelocating parties and their respective children. In reaching this conclusion, the court is aware that the maxim "hard cases make bad law" is an admonition and not a precept, but has been constrained under the unique circumstances of the present case to strive to avoid a resolution inimical to the best interests of the children. Based upon the foregoing, and upon consideration of all of the factors enumerated in Section 5337(h) of the Domestic Relations Code, the following order will be entered: ORDER OF COURT AND NOW, this 29th day of June, 2012, upon consideration of the Notices of Proposed Relocation filed by Holly C. Miller (formerly Lucente), and of the Counter- Affidavits Regarding Relocation filed by Richard Vincent Lucente and Raymond A. Miller, following a hearing held on May 25, June 20-21, and June 25-26, 2012, and for 6 23 Pa. C.S. §5337(h). 8 the reasons stated in the accompanying opinion, the proposed relocations of the parties' children to Spokane Valley, Washington, are authorized. Revised custody orders in the forms attached to the accompanying opinion will be entered of even date herewith. A FURTHER HEARING is scheduled to determine whether the terms of the revised orders should be continued or modified based upon the circumstances then existing on Wednesday, January 2, 2013, at 9:30 a.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania. Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Holly C. Miller (formerly Lucente) Johanna H. Rehkamp, Esq. Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 Attorney for Richard Vincent Lucente Joanne Harrison Clough, Esq. 3820 Market Street Camp Hill, PA 17011 Attorney for Raymond A. Miller BY THE COURT, r Wesley 01 air, 9 r HOLLY CATHLEEN : IN THE COURT OF COMMON PLEAS OF LUCENTE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ; CIVIL ACTION (IN CUSTODY) V. RICHARD VINCENT LUCENTE, ; Defendant : NO. 2002-5647 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 29th day of June, 2012, it is ordered and directed as follows: 1. This Order is entered regarding Plaintiff, Holly Cathleen Lucente, now Holly C. Miller (hereinafter referred to as Mother), and Richard Vincent Lucente (hereinafter referred to as Father) and their children, Gabrielle B. Lucente, born on April 14, 1995, Dominique P. Lucente, born on August 12, 1996, Vincente R. Lucente, born on July 16, 1998, and Gino R. Lucente, born on March 11, 2000 (hereinafter referred to as Children), and shall supersede all prior custody orders. 2. The parents shall share and have joint legal custody of the children. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the lives of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental and other important records. As soon as practical after the receipt by a parent, copies of the children's school schedules, special events notifications, report cards, and similar items shall be provided to the other parent. Despite this provision, if any service provider or professional still requires a release of a parent to access the children's educational, religious or medical information, both parents shall execute a release within ten days of any written request by a parent or his or her counsel. Notwithstanding that both parents share legal custody, non-major decisions involving the children's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: (A) In the summer of 2012, from June 29, 2012, until fourteen days preceding the first day of school for the children in the fall (being the first school day for any of Mother's children). Mother shall be entitled to exercise a three consecutive day visit with the children in Pennsylvania during the month of July. (B) Starting with the summer of 2013 and in the summers thereafter, from the 7th day following the last day of school (being the last day of school for any of Mother's children) until fourteen days preceding the first day of school for the children in the fall (being the first day of school for any of Mother's children; provided, that Mother shall be entitled to exercise a three consecutive day visit with the children in Pennsylvania during the month of July, if she notifies father of her intention to do so at least four weeks in advance of the visit. (C) During each Easter/Spring school break (or the longer of the two if exercised separately) from the first full day off school to the last day off school. (D) During each Christmas school break, from the first full day off school to the last day off school; provided, that the period in the forthcoming 2012-13 season shall extend to January 3, 2013. (E) At such times as Father is visiting in the Spokane Valley, Washington, vicinity. 4. Mother shall bear the full cost, including transportation expenses, of custody exchanges. 5. The noncustodial parent shall be entitled to contact his or her children at least daily, by the means of his or her choice, and at the times of his or her choice, said means and times to be noticed at least a week in advance; the children shall be permitted to contact the noncustodial parent at any time, by any means. 6. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual consent. BY THE COURT, J?. Wesley Oler, Jr., S.J. Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Holly C. Miller Johanna H. Rehkamp, Esq. Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 Attorney for Richard Vmcente Lucente RAYMOND A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION (IN CUSTODY) HOLLY MILLER, Defendant : NO. 2010-3837 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 29th day of June, 2012, it is ordered and directed as follows: 1. This Order is entered regarding Plaintiff, Holly [C.] Miller (hereinafter referred to as Mother), and Raymond A. Miller (hereinafter referred to as Father) and their child, Madison J. Miller, born November 22, 2004 (hereinafter referred to as Child), and shall supersede all prior custody orders. 2. The parents shall share and have joint legal custody of the child. Joint legal custody means the right of both parents to control and to share in malting decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. As soon as practical after the receipt by a parent, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other parent. Despite this provision, if any service provider or professional still requires a release of a parent to access the child's educational, religious or medical information, both parents shall execute a release within ten days of any written request by a parent or his or her counsel. Notwithstanding that both parents share legal custody, non-major decisions involving the child's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: (A) In the summer of 2012, from June 29, 2012, until fourteen days preceding the first day of school for the child in the fall (being the first school day for any of Mother's children). Mother shall be entitled to exercise a three consecutive day visit with the child in Pennsylvania during the month of July. (B) Starting with the summer of 2013 and in the summers thereafter, from the 7th day following the last day of school (being the last day of school for any of Mother's children) until fourteen days preceding the first day of school for the child in the fall (being the first day of school for any of Mother's children); provided, that Mother shall be entitled to exercise a three consecutive day visit with the child in Pennsylvania during the month of July, if she notifies Father of her intention to do so at least four weeks in advance of the visit. (C) During each Easter/Spring school break (or the longer of the two if exercised separately) from the first full day off school to the last day off school. (D) During each Christmas school break, from the first full day off school to the last day off school; provided, that the period in the forthcoming 2012-13 season shall extend to January 3, 2013. (E) At such tunes as Father is visiting in the Spokane Valley, Washington, vicinity. 4. Mother shall bear the full cost, including transportation expenses, of custody exchanges. 5. The noncustodial parent shall be entitled to contact his or her child at least daily, by the means of his or her choice, and at the times of his or her choice, said means and times to be noticed at least a week in advance; the child shall be permitted to contact the noncustodial parent at any time, by any means. 6. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual consent. BY THE COURT, J. Wesley Oler, Jr., S.J. Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Holly C. Miller Joanne Harrison Clough, Esq. 3820 Market Street Camp Hill, PA 17011 Attorney for Raymond A. Miller -' THE PR HVN1L t„ HOLLY CATHLEEN : IN THE COURT OF COMMON PLEAS OF LUCENTE, : CUMBERLAND COUNT F1E ST9V ? : 05 Plaintiff 2 CIVIL ACTION (IN CUS€P9RIERLAND COUNTY V. PENNSYLVANIA RICHARD VINCENT LUCENTE, Defendant NO. 2002-5647 CIVIL TERM HOLLY C. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN DIVORCE) RAYMOND A. MILLER Defendant NO. wwnwm?"' RAYMOND A. MILLER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN CUSTODY) HOLLY MILLER, NO. 2010-3837 CIVIL TERM Defendant MOTION FOR TRANSCRIPTS AND NOW comes Defendant Raymond A. Miller, by and through his attorney, Joanne Harrison Clough, Esquire, and files the Motion for Transcripts and requests the Transcripts for the hearings in the above captioned matter held on the following dates: 1. A hearing was held on May 25, 2012 (this transcript has been completed) 2. A second day of hearing was held on June 20, 2012. 3. A third day of hearing was held on June 21, 2012 4.. A fourth day of hearing was held on this matter on June 25, 2012 5. A fifth day of hearing was held on this matter on June 26, 2012. WHEREFORE, Defendant Raymond A. Miller respectfully requests this Court grant this Motion for Transcripts and issue an Order directing an original of each transcript to be filed with the Court and copy of each of the aforementioned hearings held in this matter be provided to the undersigned. Respectfully Submitted, JOANNE HARRISON CLOUGH, PC Dated: 1 - Joanne Harrison Mi ll h, Esquire Attorney I.D. No. 3 61 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for the Plaintiff CERTIFICATE OF SERVICE I, Connie Lee, Limric, secretary to Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: The Honorable J. Wesley Oler, Jr. S.J Cumberland Count Courthouse One Courthouse Square Carlisle, PA 17013 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Vicki Ebersole, Court Reporter Mandy Cortez, Court Reporter Cumberland County Courthouse, Ste 400 One Courthouse Square Carlisle, PA 17013 Johanna H. Rehkamp, Esquire Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 Dater Connie L imric, retary to Joanne Harrison Clough, Esquire Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Raymond A. Miller HOLLY CATHLEEN : IN THE COURT OF COMMON PLEAS OF LUCENTE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION (IN CUSTODY) G ---j ?rr, ` RICHARD VINCENT LUCENTE, F.- •= - Defendant NO. 2002-5647 CIVIL TERM = HOLLY C. MILLER, IN THE COURT OF COMMON PLEAS --A, n ' Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN DIVORCE) RAYMOND A. MILLER . Defendant : NO. 2009-2081 CIVIL TERM RAYMOND A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN CUSTODY) HOLLY MILLER, NO. 2010-3837 CIVIL TERM Defendant RULE TO SHOW CAUSE AND NOW, this -2_? f4_day of , 2012, a Rule to Show Cause is hereby issued against Respondent Mother Holly Miller to show cause, if any, why Petitioner/Defendant Father's Motion for Supersedes and Stay of Relocation Custody Order should not be granted. Rule Returnable within _ days of date of Service. BY THE OURT, S J. i. Distribution6iane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 ?Joanne Harrison Clough, Esquire, 3820 Market Street, Camp Hill, PA 17 Johanna. H. Rehkamp, Esquire, 4701 North Front Street, Harrisburg PA 17110 lop HOLLY CATHLEEN LUCENTE, Plaintiff V. RICHARD VINCENT LUCENTE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN CUSTODY) O. 2002-5647 CIVIL TERM HOLLY C. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANI A CIVIL ACTION (IN DIVORCE) RAYMOND A. MILLER Defendant NO.? RAYMOND A. MILLER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN CUSTODY) -?ZZ ;, HOLLY MILLER, NO. 2010-3837 CIVIL TERM =? ? Defendant ?43> ? f ORDER r f _ AND NOW this d f J = ay o , 2012, Defendant Raymond "A. -- ?r " Miller's Motion for Request for Transcripts is Granted. BY THE COURT Distribution: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 ?Joanne Harrison Clough, Esquire, 3820 Market Street, Camp Hill, PA 17 Johanna H. Rehkamp, Esquire, 4701 North Front Street, Harrisburg PA 1711 t/ Vicki Ebersole, Mandy Cortez, Court Reporters, Cumberland County Courthouse, One Courthouse Square, Ste 400, Carlisle, PA 1701 oo C pp.`Pj ma, /mod ??L r HOLLY CATHLEEN : IN THE COURT OF COMMON PLEAS OF LUCENTE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. RICHARD VINCENT LUCENTE, Defendant CIVIL ACTION (IN CUSTODY) NO. 2002-5647 CIVIL TERM HOLLY C. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION (IN DIVORCE) RAYMOND A. MILLER, Defendant : NO. 2009-2081 CIVIL TERM RAYMOND A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION (IN CUSTODY) HOLLY MILLER, Defendant : NO. 2010-3837 CIVIL TERM IN RE: OPINION PURSUANT TO PA. R.A.P. 1925 OLER, S.J., July 26, 2012. In these custody relocation cases the mother of four children by one respondent and of one child by a second respondent has been permitted, following a five-day hearing, to relocate the children from Camp Hill, Cumberland County, Pennsylvania, to 1 Spokane Valley, Washington.' The counter-proposal of each respondent was that primary physical custody of his children or his child be transferred to him. From the orders authorizing the relocation, which included a provision for a judicial review of the efficacy of the new custody arrangement in six months, both respondents have filed appeals to the Pennsylvania Superior Court.2 Similar statements of errors complained of on appeal have been filed by both respondents. Respondent Lucente's statement of errors complained of reads as follows: 1. The trial Court erred by determining that feasible alternatives can be made to preserve the relationship between the non-relocating party and his children. 2. The trial Court erred in concluding the Relocation Custody Order provides Father with suitable alternative custody arrangements available to preserve Defendant Father f's] relationship with his children if she relocates from Camp Hill, Pennsylvania to Spokane Valley, Washington when he presently has six (6) overnights out of every fourteen (14) days and other periods of custody totaling a minimum of 150 to 160 ovemights a year and the relocation reduces his weekly contact to custody approximately 72 days a year with contact only during Christmas and spring vacation and seven or eight weeks in the summer months of the year. 3. The trial Court erred in determining there was sufficient evidence to support the finding that the relocation will enhance the general quality of life for the mother seeking relocation including but not limited to a finding that Plaintiff Mother will have a financial benefit, emotional benefit or educational benefit where the record is devoid of any date certain for Mother to marry, where Mother has not even looked for employment, and where Mother has not made any effort to enroll in an educational program or even submitted plans to do so, and in fact quit her self employment in order to move, and where Mother's only income is child support. 4. The trial Court erred in relying on "the consensus of the children ... that Petitioner's (Mother) decision to move to Washington is her best option under the circumstances" and/or erred in considering the personal happiness of Mother as a basis to permit relocation. 5. The trial Court erred in determining that relocating the minor children over two thousand miles away from Defendant Father and reducing his regular periods of custody to less than half his current custody to two annual holiday visits and custody 3/ of the summer constitutes realistic, substitute visitation arrangements which will adequately foster an ongoing relationship between the children and the non custodial parent will have on their relationship with their father. 6. The trial Court erred in failing to appropriately consider the fact that the Father is the parent who is actively involved with the children's school and will no longer be ' Orders of Court, June 29, 2012. z Notice of Appeal filed by Richard V. Lucente, July 19, 2012; Notice of Appeal filed by Raymond A. Miller, July 19, 2012. 2 able to help the children with their homework or participate in parent teacher conferences, individualized educational programs or extracurricular activities. Defendant has a bachelor of science degree and has been employed as a development engineer with a company known as T.E. Connectivity for 14 years whereas Plaintiff has a high school diploma and has been self-employed as a day-case provider. The trial Court admitted that defendant "is better able to help the children with their homework than Petitioner." 7. The trial court erred in failing to structure a custody schedule that preserves the relationship between the non-relocating party and the children through suitable alternative custody arrangements and erred in failing to recognize the relocation that having the children living two thousand miles away from Defendant Father, for 9 '/2 months of the calendar year, may irreparably harm Father's ability to preserve the current close loving relationship he has with his minor children and erred in determining that contact with the non custodial parent via daily communication by Skype, telephone or other technology is sufficient to constitute a realistic substitute arrangement for Father to have visitation that would adequately foster the on going close relationship that Father currently has with the minor children. 8. The trial Court erred in failing to appropriately consider the fact that Defendant Father has physical custody of the minor children over 40% of the calendar year and at least 150 to 160 overnights per year and that the minor children [were] already not living with their half sibling over 40% of the year and the trial Court erred by placing more weight on preserving the children's contact with their half siblings than preserving their physical custodial relationship with the Father. 9. The trial Court erred in failing to consider that the minor children of these two families would still have significant contact with each other if the relocation was denied and Defendant Lucent's minor children would continue to reside in the residence where they currently live with their Father over 40% of the time, and their half sibling would continue to reside in the same residence where she currently lives with [her] Father more than 40% of the time, and failed to consider the Fathers' homes are less than five (5) miles apart and the children are able to see each other every week if they do not relocate. 10. The trial Court erred in failing to follow appellate case law when determining whether Mother met her burden of proof in establishing the proposed relocation will enhance the general quality of life for Mother and the trial Court erred in failing to follow appellate law and erred in assessing the feasibility of preserving the relationship between the non-relocating parent and the children and/or erred in determining there is a suitable alternative custody arrangement available to preserve Father's custodial relationship with his children given the significant regular[] weekly custodial contact Father has with his children. 11. The trial Court erred in failing to follow Gruber and other appellate cases to determine and appropriately assess and consider whether the relocation will substantially improve the quality of life for the custodial parent and minor children. 12. The trial Court erred in determining the move would be better for the children when Mother's main motivation to relocate was to pursue a romantic relationship that she rekindled over the inter-net with a man she dated twenty-five years ago in high school with whom Mother has never spent more than seven consecutive days ... in the past three years they have been long distance dating and where the children have never spent more than three days with her paramour/fiance. 13. The trial Court erred in repeatedly acknowledging risks and inconsistencies in mother's stated reasons for relocating and the fragileness of the lack of specificity in her future economic, financial and emotional plans, but permitting her to relocate the children. 14. The trial Court erred in failing to properly consider the nature, quality and extent of involvement of Father in the children's lives and erred in considering the children's relationship with their half sibling more important than their relationship with their Father. 15. The trial court erred in determining the relocation was proper where it is an undisputed fact that the minor children and their half sibling have never even physically met Mother's fiance's three children, two of who, will be residing at least part time with Mother, her fiance and Mother's five (5) children in a three bedroom home in Spokane Valley, Washington. 16. The trial Court erred in failing to sufficiently consider the age, developmental stage and needs of the minor children and failed to assess the likely impact a move 2000 miles away will have on the children's physical, educational and emotional development, and failed to take in to sufficient consideration the special needs of defendant Lucent's two oldest children who have been diagnosed with depression and have been in counseling with Mary Jo Devlin, LCSW; MSW, for several years. Defendant Lucente has been the party primarily responsible for taking the children to their appointments as well as participating at the end of the sessions. IT The trial Court erred in failing to consider the testimony of the treating therapist for defendant Lucente's two oldest children that the relocation would be detrimental to the children and in failing to consider her un-refuted testimony that a third blended family relationship attempt by twice divorced Mother was less than 20% likely to succeed under the circumstances where Mother has spent less than 50 total days with her paramour in three years, in three to seven (3-7) day increments, where the children have not even met his three children who will be living with them under his partial custody schedule in his three bedroom home. 18. The trial Court erred in determining there was sufficient basis for Mother to move five children from the area where they have resided for more than ten years, from their two exemplary Fathers who each have physical custody of their children in excess of 40% of the year and see the children on a weekly basis, from their schools, doctors, churches, friends and activities, where they are leaving the certainty of a community and custodial schedules that were working to the absolute uncertainty of Mother's proposed new life 2000 miles away where she has no job, no income, no educational plans, no marriage planned, and no relatives within two hours and where Mother is 100% financially dependent on her fiance with whom she and the children have never resided. 19. The trial Court erred in permitting Mother's request for relocation based on her claim the move was financially necessary where Mother made no attempt to seek other employment, education or reduced housing expenses, but instead, decided to move 2000 miles away where she has sought no job or educational program and will no longer have her self employment income was her only option. 20. The trial Court erred by ruling the Mother can relocate with the children where it found the separation of the children from the other parent will have a detrimental effect on them and committed error by permitting relocation in part because Mother was moving regardless of whether the Court permitted her to take the children. 4 21. The trial Court erred by applying primary custody standards, instead of relocation standards in reaching its determination.' Respondent Miller's statement of errors complained of reads as follows: 1. The trial Court erred by determining that feasible alternatives can be made to preserve the relationship between the non-relocating party and his child. 2. The trial Court erred in concluding the Relocation Custody Order provides Father with suitable alternative custody arrangements available to preserve Defendant Fatherf's) relationship with his child if she relocates from Camp Hill, Pennsylvania to Spokane Valley, Washington when he presently has custody five (5) overnights out of every fourteen (14) days and other periods of custody totaling a minimum of 143 overnights a year and the relocation reduces his weekly contact to custody approximately 72 days a year with contact only during Christmas and spring vacation and seven or eight weeks in the summer months of the year. 3. The trial Court erred in determining there was sufficient evidence to support the finding that the relocation will enhance the general quality of life for the mother seeking relocation including but not limited to a fording that Plaintiff Mother will have a financial benefit, emotional benefit or educational benefit where the record is devoid of any date certain for Mother to marry, where Mother has not even looked for employment, and where Mother has not made any effort to enroll in an educational program or even submitted plans to do so, and in fact quit her self employment in order to move, and where Mother's only income is child support. 4. The trial Court erred in relying on "the consensus of the children ... that Petitioner's (Mother) decision to move to Washington is her best option under the circumstances" and/or erred in considering the personal happiness of Mother as a basis to permit relocation. 5. The trial Court erred in determining that relocating the minor child over two thousand miles away from Defendant Father and reducing his regular periods of custody to less than half his current custody in two annual holiday visits and custody 3/4 of the summer constitutes realistic, substitute visitation arrangements which will adequately foster an ongoing relationship between the child and the non custodial parent and will have a devastating effect on their relationship with her father. 6. The trial Court erred in failing to appropriately consider the fact that the Father is the parent who is actively involved with the child's school and will no longer be able to be actually involved as a classroom mom, secret reader and PTO officer if the child relocates. 7. The trial court erred in failing to structure a custody schedule that preserves the relationship between the non-relocating party and the children through suitable alternative custody arrangements and erred in failing to recognize that having the child living two thousand miles away from Defendant Father, for 9 %2 months of the calendar year, may irreparably harm Father's ability to preserve the current close loving relationship he has with his minor daughter and erred in determining that contact with the non custodial parent via daily communication by Skype, telephone or other technology is ' Defendant Richard V. Lucente's Concise Statement of Errors Complained of on Appeal, filed July 19, 2012. 5 sufficient to constitute a realistic substitute arrangement for Father to have visitation that would adequately foster the on going close relationship that Father currently has with the minor child. 8. The trial Court erred in failing to appropriately consider the fact that Defendant has physical custody of the minor child over 40% of the calendar year and at least 143 overnights during which time the minor child was not living with her siblings and the trial Court erred by placing more weight on preserving the child's contact with her half siblings than preserving her physical custodial relationship with her Father. 9. The trial Court erred in failing to consider that the minor children of these two families would still have significant contact with each other if the relocation was denied and Defendant Miller's minor child would continue to reside in the residence where she currently lives with her Father over 40% of the time, and her half siblings would continue to reside in the same residence where they currently live with their Father more than 40% of the time, and failed to consider the Fathers[`] homes are less than five (5) miles apart and the children are able to see each other every week if they do not relocate. 10. The trial Court erred in failing to follow appellate case law when determining whether Mother met her burden of proof in establishing the proposed relocation will enhance the general quality of life for Mother and the trial Court erred in failing to follow appellate law and erred in assessing the feasibility of preserving the relationship between the non-relocating parent and the child and/or erred in determining there is a suitable alternative custody arrangement available to preserve Father's custodial relationship with his daughter given the significant regular[] weekly custodial contact Father has with his child. 11. The trial Court erred in failing to follow Gruber and other appellate cases to determine and appropriately assess and consider whether the relocation will substantially improve the quality of life for the custodial parent and minor child. 12. The trial Court erred in determining the move would be better for the children when Mother's main motivation to relocate was to pursue a romantic relationship that she rekindled over the internet with a man she dated twenty-five years ago in high school with whom Mother has never spent more than seven consecutive days ... in the past three years they have been long distance dating and where the children have never spent more than three days with her paramour/fiance. 13. The trial Court erred in failing to consider the negative impact of Mother's animosity for Father Miller, and how the impact of that animosity will further weaken and harm the child's relationship with Father if the child relocates 2000 miles away from Father and loses her regular[] weekly contact with Father, and loses spending more than 40% of her custodial time with her Father. 14. The trial Court erred in repeatedly acknowledging risks and inconsistencies in mother's stated reasons for relocating and the fragileness of the lack of specificity in her future economic, financial and emotional plans, but permitting her to relocate the children. 15. The trial Court erred in failing to properly consider the nature, quality and extent of involvement of Father in the child's life and erred in considering the child's relationship with her half siblings more important than her relationship with her Father. 16. The trial Court erred in determining the relocation was proper where it is an undisputed fact that the minor child and her four (4) half siblings have never even 6 physically met Mother's fiance's three children, two of who, will be residing at least part time with Mother, her fiance and Mother's five (5) children in a three bedroom home in Spokane Valley, Washington. 17. The trial Court erred in failing to sufficiently consider the age, developmental stage, needs of the minor child and failed to assess the likely impact a move 2000 miles away will have on the child's physical, educational and emotional development, and failed to take in to sufficient consideration the special needs of the child who has achondroplasia dwarfism and several related medical issues or that the child has been medically supervised from birth to age 7 with numerous physicians and specialist all in the vicinity of her present residence, and Father has always participated in said treatment and the relocation will prohibit Father's continued involvement. 18. The trial Court erred in failing to consider the testimony of the treating licensed family therapist for two of her half siblings that the relocation was not in the best interest of the children and in failing to consider her un-refirted testimony that a third blended family relationship attempt by twice divorced Mother was less than 20% likely to succeed under the circumstances where Mother has spent less than 50 total days with her paramour in three years, in three to seven (3-7) day increments, where the children have not even met his three children who will be living with them under his partial custody schedule in his three bedroom home. 19. The trial Court erred in determining there was sufficient basis for Mother to move five children from the area where they have resided for more than ten years, from their two exemplary Fathers who each have physical custody of their children in excess of 40% of the year and see the children on a weekly basis, from their schools, doctors, churches, friends and activities, []where they are leaving the certainty of a community and custodial schedules that were working to the absolute uncertainty of Mother's proposed new life 2000 miles away where she has no job, no income, no educational plans, no marriage planned, and no relatives within two hours and where Mother is 100% financially dependent on her fiance with whom she and the children have never resided. 20. The trial Court erred in permitting Mother's request for relocation based on her claim the move was financially necessary where Mother made no attempt to seek other employment, education or reduced housing expenses, but instead, decided to move 2000 miles away where she has sought no job or educational program and will no longer have her self employment income. 21. The trial Court erred by ruling the Mother can relocate with the children where it found the separation of the children from the other parent will have a detrimental effect on them and committed error by permitting relocation in part because Mother was moving regardless of whether the Court permitted her to take the children. 22. The trial Court erred by applying primary custody standards, instead of relocation standards in reaching its determination. 23. The trial Court erred in permitting the relocation when the Court ordered and scheduled a hearing January 2, 2013 "to determine, inter alia, whether Petitioner's marital, educational, occupational, financial, and housing representations have been carried out." 24. The trial Court erred by permitting the relocation when it factually determined "Petitioner's decision to relocate, with or without the children, belies her 7 contention that `[her] children are [her] life' and is subversive to the policy underlying the Commonwealth's custody relocation doctrine. "4 The rationale for this court's orders permitting the relocation of the children is contained in an opinion which accompanied the orders and which is attached hereto and incorporated herein. The main thrust of respondents' appeals, from a legal standpoint, is that the court, in authorizing the relocation, misapprehended the distinction between custody relocation cases and ordinary custody cases, ultimately permitting a relocation that represented a less ideal arrangement from the standpoint of the children's best interests than was in existence. The very difficult nature of these cases is evident from the court's opinion, and the benefit of appellate review is equally obvious in such cases. In reaching its decision, this court was, of course, aware of the unique aspects of custody relocation cases, but was not willing to construe the Gruber doctrine as requiring adoption of the custody arrangement least conducive to the children's best interests from those available, notwithstanding that the relocation would deprive them of the most ideal arrangement. Cf. Collins v. Collins, 2006 PA Super 53, ¶16, 897 A.2d 466, 471 (2006) ("With any child custody case, the paramount concern is the best interests of the child.") (lower court's order denying relocation and awarding primary custody in first instance to non-relocating parent reversed), allocatur refused, 588 Pa. 762, 903 A.2d 1232 (2006). BY THE COURT, / •n esley Olen J. Diane G. Radcliff, Esq. i 3448 Trindle Road Camp Hill, PA 17011 Attorney for Holly C. Miller (formerly Lucente) ern _w, (f l J 1 L .. Defendant Raymond A. Miller's Concise Statement of Errors Complained of on Appeal, fil? ly`g, 8 Johanna H. Rehkamp, Esq. Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 Attorney for Richard Vincent Lucents ? Joanne Harrison Clough, Esq. 3820 Market Street Camp Hill, PA 17011 Attorney for Raymond A. Miller 9 APPENDIX HOLLY CATHLEEN : IN THE COURT OF COMMON PLEAS OF LUCENTE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION (IN CUSTODY) V. RICHARD VINCENT LUCENTE, Defendant : NO. 2002-5647 CIVIL TERM HOLLY C. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION (IN DIVORCE) RAYMOND A. MILLER, : Defendant : NO. 2009-2081 CIVIL TERM RAYMOND A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION (IN CUSTODY) HOLLY MILLER, Defendant : NO. 2010-3837 CIVIL TERM IN RE: CUSTODY RELOCATION BEFORE OLER, S.J. r--... , -+ca ?? --, ORDER OF COURT (Z) X 5' AND NOW, this 29th day of June, 2012 upon consideration f th N i -"+- , o e ot c es of Proposed Relocation filed by Holly C. Miller (formerly Lucente), and of the Counter- Affidavits Regarding Relocation filed by Richard Vincent Lucente and Raymond A. Miller, following a hearing held on May 25, June 20-21, and June 25-26, 2012, and for the reasons stated in the accompanying opinion, the proposed relocations of the parties' children to Spokane Valley, Washington, are authorized. Revised custody orders in the forms attached to the accompanying opinion will be entered of even date herewith. A FURTHER HEARING is scheduled to determine whether the terms of the revised orders should be continued or modified based upon the circumstances then existing on Wednesday, January 2, 2013, at 9:30 a.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J.esley Ole - ., S.J. Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Holly C. Miller (formerly Lucente) Johanna H. Rehkamp, Esq. Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 Attorney for Richard Vincent Lucente Joanne Harrison Clough, Esq. 3 820 Market Street Camp Hill, PA 17011 Attorney for Raymond A. Miller HOLLY CATHLEEN : IN THE COURT OF COMMON PLEAS OF LUCENTE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ; CIVIL ACTION (IN CUSTODY) V. RICHARD VINCENT : LUCENTE, Defendant : NO. 2002-5647 CIVIL TERM HOLLY C. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION (IN DIVORCE) RAYMOND A. MILLER, : Defendant : NO. 2009-2081 CIVIL TERM RAYMOND A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION (IN CUSTODY) HOLLY MILLER, Defendant : NO. 2010-3837 CIVIL TERM IN RE: CUSTODY RELOCATION BEFORE OLER, S.J. OPINION and ORDER OF COURT OLER, S.J., June 29, 2012. These custody relocation cases illustrate the dilemma posed when a parent wishes to relocate with his or her children and (a) it is clearly in the children's best interest to remain together and in the primary custody of that parent, (b) a separation of the children from the other parent will nevertheless have a detrimental effect upon them, and (c) the I parent who seeks authorization to relocate the children will be moving regardless of whether the court permits the relocation of the children. Specifically, herein, the mother of four children by one respondent and of one child by a second respondent, both of whom are exemplary fathers, has filed notices of proposed relocation from Camp Hill, Cumberland County, Pennsylvania, to Spokane Valley, Washington,' in order to reside with her fiance, to improve what she regards as an untenable financial situation, to utilize the relative independence thus achieved to obtain part-time employment and further her education, and to benefit from the association with members of her family who live in Washington. State, and has credibly represented that she will be moving regardless of whether the relocation of the children is authorized. A five-day hearing was held in this matter on May 25, June 20-21, and June 25-26, 2012. For the reasons stated in this opinion, the relocation of the children will be approved, subject to a further hearing in January of 2013, to determine, inter alia, whether Petitioner's marital, educational, occupational, financial, and housing representations have been carried out. STATEMENT OF FACTS Petitioner is Holly C. Miller (formerly Lucente), 43, who currently resides in Camp Hill, Cumberland County, Pennsylvania. Respondent Richard Vincent Lucente, 46, resides in Mechanicsburg, Cumberland County, Pennsylvania. Respondent Raymond A. Miller, 54, resides in Camp Hill, Cumberland County, Pennsylvania. All three Cumberland County residences are within a few miles of each other and in the same school district. ' Notice of Proposed Relocation, No. 2002-5647 Civil Term, filed April 5, 2012; Notice of Proposed Relocation, No. 2009-2081 Civil Term, filed April 5, 2012. The latter Notice of Proposed Relocation was inadvertently filed at a divorce action between the mother and father, and the father's objection to the relocation was filed at the parties' custody action. Counter-Affidavit Regarding Relocation, No. 2010- 3837 Civil Term, filed April 18, 2012. The court has consolidated the custody and divorce actions for purposes of the relocation issue. Order of Court, Nos, 2009-2081 Civil Term (in divorce) and 2010-3837 Civil Term (in custody), May 23, 2012. 2 Petitioner was married on December 11, 1992, to Respondent Lucente. Four children were born of the marriage: Gabriele B. Lucente (d.o.b. April 14, 1995); Dominique P. Lucente (d.o.b. August 12, 1996); Vincent R. Lucente (d.o.b. July 16, 1998); and Gino R. Lucente (d.o.b. March 11, 2000). Petitioner and Respondent Lucente separated in November of 2002, and were divorced on May 30, 2003. Following her divorce from Respondent Lucente, Petitioner married Respondent Miller on July 31, 2004. One child was born of the marriage: Madison J. Miller (d.o.b. November 22, 2004). Petitioner and Respondent Miller separated in January of 2008 and were divorced on February 23, 2011. Petitioner is currently engaged to Anthony Anderman, 45, whom she knew in high school and who resides in Spokane Valley, Washington. He has three children who are in his partial custody on alternating weekends. As of June 30, 2012, Petitioner will have relocated her residence to that of Mr. Anderman in the State of Washington. With respect to custody of the four Lucente children, the existing 2003 custody order provides for shared legal custody, primary physical custody in the mother, and partial physical custody in the father on alternating weekends from Friday at 6:00 p.m. until Monday at 8:00 p.m., each Wednesday from 6:00 p.m. until Thursday at 8:00 p.m., on certain holidays, and for an additional period of two non-consecutive weeks during the sumnler.2 In practice, Respondent Lucente's periods of partial physical custody until recently included an additional overnight every two weeks, resulting in his having 150- 160 overnights per year, but Petitioner terminated these unmandated periods of partial physical custody. With respect to custody of the Miller child, the existing 2010 custody order provides for shared legal custody, primary physical custody in the mother, and partial physical custody in the father on alternating weekends from Friday at 5:30 p.m. to Sunday at 7:30 p.m., every Wednesday from 5:30 p.m. to Thursday at 8:30 a.m., every z Custody Order, May 28, 2003, No. 2002-5647 Civil Term. 3 other week from Monday at 5:30 p.m. to Tuesday at 8:30 a.m., and on certain holidays.3 In practice, Respondent Miller's periods of partial physical custody have included an occasional additional hour, and his overnights total about 143 per year. Petitioner mother, who is a high school graduate, was until recently self-employed in Cumberland County, Pennsylvania, as a day-care provider, but the business proved financially unsustainable. Respondent Lucente, who has a bachelor of science degree, has been employed as a "development engineer" with a company known as T.E. Connectivity for 14 years and lives in a three-bedroom house, which he rents. Respondent Miller, who has a bachelor of arts degree, has been employed since 2002 in the computer division of PHEAA (Pennsylvania Higher Education Assistance Agency), "with third party oversight," and lives in a three-bedroom house, which he owns. Petitioner's fiance, who has bachelor of science and master of science degrees, is employed by the State of Washington and performs periodic contractual work for the Defense Department, earns about $110,000.00 a year, and lives in a three-bedroom house, which he rents; however, in the event the relocation of the children is approved he and Petitioner will be purchasing a larger home to accommodate the expanded household. Petitioner received a discharge in bankruptcy from debts totaling about $18,000.00 in 2004; since then she has accumulated new debt in the amount of $28,000.00 and her monthly expenses far exceed her income. Respondent Lucente is $40,000.00 in debt, but appears to be able to remain current on the minimum payments on the debt as a result of his employment. Respondent Miller is financially solvent. Both respondents are current on their child support obligations. The finality of Petitioner's decision to move to the home of her fiance in Washington, whether or not she retains primary physical custody of her children, has been evidenced by her commitment to her fiance, the termination of the lease on her present residence as of June 30, 2012, and her disposal of household furnishings. In its capacity as trier-of-fact, the court is, unfortunately, convinced of her resolve in this 3 Custody Order, August 9, 2010, No. 2010-3837 Civil Term. 4 regard. The court has also found credible her explanation for the decision, as summarized at the beginning of this opinion. Significantly, the consensus of the children is that Petitioner's decision to move to Washington is her best option under the circumstances, and they are not uncomfortable with the prospect of Mr. Anderman's being their step- father. Petitioner has been the primary custodian of all of the children since their birth. The children are extremely close to their mother and to each other. Each child is performing satisfactorily, or better than satisfactorily, in school, and each has impressed the court with his or her poise, intelligence, and maturity under very stressful conditions. However, three of the children of Petitioner and Respondent Lucente have suffered from, and been treated for, depression. Madison, the seven-year-old daughter of Petitioner and Respondent Miller, and youngest of the siblings, has a condition known as achondroplasia. Both Petitioner and Respondent Miller have been active on her behalf in the organization known as Little People of America. She is a dear, precocious child, articulate beyond her years, who sleeps with her mother and is lovingly nurtured by her siblings. It would, in the court's view, be devastating to her to separate her from the household in which her mother lives and from her brothers and sisters. As noted, both respondents are exemplary fathers. A recitation of their activities in connection with the children only weakly conveys the importance of their roles in the lives of the children. Respondent Lucente was instrumental in securing therapy for his oldest daughters, terminated a romantic relationship in which he was involved because he felt it was interfering with his responsibilities as a father, has continued to meet his financial obligations to his children through stable employment, works part-time at the YMCA to provide a family membership for his children, is better able to help the children with their homework than Petitioner, has offered Petitioner an opportunity to move back into his home with the children, and does much more. 5 Respondent Miller has renovated his home to accommodate the needs of his daughter, has provided an oxygen system to ameliorate her condition of sleep apnea, gardens, plays and shops with her, looks in on her several times a night when she is with him to be sure that she is all right, serves as a "room mom" and "secret reader" at her school, supports her financially, and admittedly "spoils" her. Madison is, quite simply, "the joy of [his] life." Petitioner's fiance, who testified at the hearing on behalf of Petitioner, impressed the court as sincere in his expression of love for Petitioner, personally responsible and realistic, and compatible with the children. More than one child described him as "cool." Petitioner's case for relocation, while sincerely based, is not without arguable flaws, in addition to the detriment of diminished contact with the respondents which it would necessarily entail. Petitioner's reattachment to her fiance is relatively recent, has not produced a date for a wedding, is coincident with financial necessity on the part of Petitioner, and may or may not prove more durable than her prior marriages. The children are not well-acquainted with their prospective step-father or his children. Petitioner's family members in Washington are no closer than two hours from the relocation residence in Spokane Valley, and Petitioner's recent contact with them has been minimal. The facilitation of frequent personal contact between the children and their fathers at the distances occasioned by the relocation would be an expensive proposition. Finally, Petitioner's decision to relocate, with or without the children, belies her contention that "[her] children are [her] life," and is subversive to the policy underlying the Commonwealth's custody relocation doctrine. With all of this said, the court has reached the conclusion that the best interests of these closely-bonded children depend upon their continued primary residence in a common household, with each other and with their mother, and that a denial of relocation in this unique case would thwart those interests, with irreparable harm to at least one of the children and, on balance, overall detriment to the others. 6 DISCUSSION The law with respect to custody relocation cases has been codified effective January 24, 2011, at 23 :Pa. C.S. §5337. With respect to the burden of proof, the statute provides as follows: (1) The party proposing the relocation has the burden of establishing that the relocation will serve the best interest of the child as shown under the factors set forth [below]. (2) Each party has the burden of establishing the integrity of that party's motives in either seeking the relocation or seeking to prevent the relocation.4 With respect to the effect of a unilateral relocation in the absence of a judicial resolution of the issue, the statute provides that, "[i]f a party relocates with the child prior to a full expedited hearing, the court shall not confer any presumption in favor of the relocation."5 Finally, with respect to the factors to be considered by a court in ruling upon the issue of relocation, the statute provides as follows: In determining whether to grant a proposed relocation, the court shall consider the following factors, giving weighted consideration to the factors which affect the safety of the child: (1) The nature, quality, extent of involvement and duration of the child's relationship with the party proposing to relocate and with the nonrelocating party, siblings and other significant persons in the child's life. (2) The age, developmental stage, needs of the child and the likely impact the relocation will have on the child's physical, educational and emotional development, taking into consideration any special needs of the child. (3) The feasibility of preserving the relationship between the nonrelocating party and the child through suitable custody arrangements, considering the logistics and financial circumstances of the parties. (4) The child's preference, taking into consideration the age and maturity of the child. 4 23 Pa. C.S. §5337(i) (burden of proof). 5 23 Pa. C.S. §5337(1) (effect of relocation prior to hearing). 7 (5) Whether there is an established pattern of conduct of either party to promote or thwart the relationship of the child and the other party. (6) Whether the relocation will enhance the general quality of life for the party seeking the relocation, including, but not limited to, financial or emotional benefit or educational opportunity. (7) Whether the relocation will enhance the general quality of life for the child, including, but not limited to, financial or emotional benefit or educational opportunity. (8) The reasons and motivation of each party for seeking or opposing the relocation. (9) The present and past abuse committed by a party or member of the party's household and whether there is a continued risk of harm to the child or an abused party. (10) Any other factor affecting the best interest of the child.6 In the present case, the court has concluded that the motives of the parties in seeking and opposing relocation are sincere and reasonable, that the relocation will enhance the general quality of life for Petitioner, that by extension and for the other reasons stated above the best interests of the children will be served by their relocation with Petitioner, and that feasible alternatives can be made to preserve the relationship between the nonrelocating parties and their respective children. In reaching this conclusion, the court is aware that the maxim "hard cases make bad law" is an admonition and not a precept, but has been constrained under the unique circumstances of the present case to strive to avoid a resolution inimical to the best interests of the children. Based upon the foregoing, and upon consideration of all of the factors enumerated in Section 5337(h) of the Domestic Relations Code, the following order will be entered: ORDER OF COURT AND NOW, this 29th day of June, 2012, upon consideration of the Notices of Proposed Relocation filed by Holly C. Miller (formerly Lucente), and of the Counter- Affidavits Regarding Relocation filed by Richard Vincent Lucente and Raymond A. Miller, following a hearing held on May 25, June 20-21, and June 25-26, 2012, and for 6 23 Pa. C.S. §5337(h). 8 the reasons stated in the accompanying opinion, the proposed relocations of the parties' children to Spokane Valley, Washington, are authorized. Revised custody orders in the forms attached to the accompanying opinion will be entered of even date herewith. A FURTHER HEARING is scheduled to determine whether the terms of the revised orders should be continued or modified based upon the circumstances then existing on Wednesday, January 2, 2013, at 9:30 a.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J Wsley 01e Jr., S3. Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Holly C. Miller (formerly Lucente) Johanna H. Rehkamp, Esq. Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 Attorney for Richard Vincent Lucente Joanne Harrison Clough, Esq. 3820 Market Street Camp Hill, PA 17011 Attorney for Raymond A. Miller 9 HOLLY CATHLEEN : IN THE COURT OF COMMON PLEAS OF LUCENTE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION (IN CUSTODY) V. ; RICHARD VINCENT LUCENTE, Defendant : NO. 2002-5647 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 29th day of June, 2012, it is ordered and directed as follows: 1. This Order is entered regarding Plaintiff, Holly Cathleen Lucente, now Holly C. Miller (hereinafter referred to as Mother), and Richard Vincent Lucente (hereinafter referred to as Father) and their children, Gabrielle B. Lucente, born on April 14, 1995, Dominique P. Lucente, born on August 12, 1996, Vincente R. Lucente, born on July 16, 1998, and Gino R. Lucente, born on March 11, 2000 (hereinafter referred to as Children), and shall supersede all prior custody orders. 2. The parents shall share and have joint legal custody of the children. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the lives of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental and other important records. As soon as practical after the receipt by a parent, copies of the children's school schedules, special events notifications, report cards, and similar items shall be provided to the other parent. Despite this provision, if any service provider or professional still requires a release of a parent to access the children's educational, religious or medical information, both parents shall execute a release within ten days of any written request by a parent or his or her counsel. Notwithstanding that both parents share legal custody, non-major decisions involving the children's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: (A) In the summer of 2012, from June 29, 2012, until fourteen days preceding the first day of school for the children in the fall (being the first school day for any of Mother's children). Mother shall be entitled to exercise a three consecutive day visit with the children in Pennsylvania during the month of July. (B) Starting with the summer of 2013 and in the summers thereafter, from the 7th day following the last day of school (being the last day of school for any of Mother's children) until fourteen days preceding the first day of school for the children in the fall (being the first day of school for any of Mother's children; provided, that Mother shall be entitled to exercise a three consecutive day visit with the children in Pennsylvania during the month of July, if she notifies father of her intention to do so at least four weeks in advance of the visit. (C) During each Easter/Spring school break (or the longer of the two if exercised separately) from the first full day off school to the last day off school. (D) During each Christmas school break, from the first full day off school to the last day off school; provided, that the period in the forthcoming 2012-13 season shall extend to January 3, 2013. (E) At such times as Father is visiting in the Spokane Valley, Washington, vicinity. 4. Mother shall bear the full cost, including transportation expenses, of custody exchanges. 5. The noncustodial parent shall be entitled to contact his or her children at least daily, by the means of his or her choice, and at the times of his or her choice, said means and times to be noticed at least a week in advance; the children shall be permitted to contact the noncustodial parent at any time, by any means. 6. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual consent. BY THE COURT, J. Wesley Oler, Jr., S.J. Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Holly C. Miller Johanna H. Rehkamp, Esq. Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 Attorney for Richard Vincente Lucente RAYMOND A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION (IN CUSTODY) HOLLY MILLER, : Defendant : NO. 2010-3837 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 29th day of June, 2012, it is ordered and directed as follows: 1. This Order is entered regarding Plaintiff, Holly [C.] Miller (hereinafter referred to as Mother), and Raymond A. Miller (hereinafter referred to as Father) and their child, Madison J. Miller, born November 22, 2004 (hereinafter referred to as Child), and shall supersede all prior custody orders. 2. The parents shall share and have joint legal custody of the child. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. As soon as practical after the receipt by a parent, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other parent. Despite this provision, if any service provider or professional still requires a release of a parent to access the child's educational, religious or medical information, both parents shall execute a release within ten days of any written request by a parent or his or her counsel. Notwithstanding that both parents share legal custody, non-major decisions involving the child's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: (A) In the summer of 2012, from June 29, 2012, until fourteen days preceding the first day of school for the child in the fall (being the first school day for any of Mother's children). Mother shall be entitled to exercise a three consecutive day visit with the child in Pennsylvania during the month of July. (B) Starting with the summer of 2013 and in the summers thereafter, from the 7th day following the last day of school (being the last day of school for any of Mother's children) until fourteen days preceding the first day of school for the child in the fall (being the first day of school for any of Mother's children); provided, that Mother shall be entitled to exercise a three consecutive day visit with the child in Pennsylvania during the month of July, if she notifies Father of her intention to do so at least four weeks in advance of the visit. (C) During each Easter/Spring school break (or the longer of the two if exercised separately) from the first full day off school to the last day off school. (D) During each Christmas school break, from the first full day off school to the last day off school; provided, that the period in the forthcoming 2012-13 season shall extend to January 3, 2013. (E) At such times as Father is visiting in the Spokane Valley, Washington, vicinity. 4. Mother shall bear the fiill cost, including transportation expenses, of custody exchanges. 5. The noncustodial parent shall be entitled to contact his or her child at least daily, by the means of his or her choice, and at the times of his or her choice, said means and times to be noticed at least a week in advance; the child shall be permitted to contact the noncustodial parent at any time, by any means. 6. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual consent. BY THE COURT, J. Wesley Oler, Jr., S.J. Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Holly C. Miller Joanne Harrison Clough, Esq. 3820 Market Street Camp Hill, PA 17011 Attorney for Raymond A. Miller IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNgLVA Nil HOLLY CATHLEEN LUCENTE, NO. 02-5647 CIVIL TERM Plaintiff ; CIVIL ACTION-LAW rte--- co vs. w T _i IN CUSTODY = rv , RICHARD VINCENT LUCENTE, ' Defendant - ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI HOLLY C. MILLER, Plaintiff vs. RAYMOND A. MILLER, Defendant : NO. 10-3837 CIVIL TERM : CIVIL ACTION-LAW : IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI HOLLY C. MILLER, NO. 10-3837 CIVIL TERM Plaintiff CIVIL ACTION-LAW vs. IN CUSTODY RAYMOND A. MILLER, Defendant Plaintiffs Answer and New Matter to Defendants' Motion for Sypercedes and Stay of Relocation Custody Order Submitted by Diane G. Radcliff, Esquire, Attorney for Holly C. Miller, Plaintiff PREVIOUSLY ASSIGNED JUDGE: The Honorable J. Wesley Oler, Jr. For Plaintiff, HCM: For Defendant, RAM For Defendant RVL Diane G. Radcliff, Esquire Joanne H. Clough, Esquire Johanna H. Rehkamp, Esqu 3448 Trindle Road 3820 Market Street Turner and O'Connell Camp Hill, PA 17011 Camp Hill, PA 17011 4701 North Front Street Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY CATHLEEN LUCENTE, Plaintiff V. RICHARD VINCENT LUCENTE, Defendant NO. 02-5647 CIVIL TERM CIVIL ACTION-LAW : IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN HOLLY C. MILLER, Plaintiff V. RAYMOND A. MILLER, Defendant NO. 10-3837 CIVIL TERM : CIVIL ACTION-LAW IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN HOLLY C. MILLER, Plaintiff V. RAYMOND A. MILLER, Defendant : NO. 10-3837 CIVIL TERM CIVIL ACTION-LAW : IN CUSTODY PLAINTIFF'S ANSWER AND NEW MATTER IN OPPOSITION JULY 24, 2012 AND SERVED ON JULY 26. 2012 1. Admitted. Plaintiff admits the following averment(s) set forth in Paragraph 1 of Defendant's Joint Motion for Supercedes and Stay of Relocation Custody rder (hereinafter referred to as "Fathers' Stay Motion"): -2- 1. "Mother Holly C Miller filed a Notice of Proposed Relocation Which Was Opposed by both Defendant Fathers and hearings on the Motion where held on May 25, 2012 June 2021-'1 25"' and 26"', 2012." 2. Admitted. Plaintiff admits the following averment(s) set forth in Paragraph 2 of F Stay Motion: 2. "An Order was entered on June 29 2012 authorizing the proposed relocation However three pages of the Order of Court were inadvertently not filed with the Court on June 29 2012 or served upon the parties." 3. Admitted. Plaintiff admits the following averment(s) set forth in Paragraph 3 of F Stay Motion: 3. "The Custody Order permitting the relocation directs that the children shall go to Spokane Valley, Washington fourteen days proceeding the first day of school in August of 2012. " 4. Admitted. Plaintiff admits the following averment(s) set forth 'in Paragraph 4 of F Stay Motion: 4. "The parties [Fathers] have simultaneously filed a Notice of Appeal to Superior Court of Pennsylvania designating the Appeal a Child Fast Track Appeal Case and simultaneously filed their Concise Statement of Errors Complained on Appeal." 5. Denied. Plaintiff denies the following averment set forth in Paragraph 5 of Fathers' Motion and by way of further Answer and Opposition to Father's Stay Motion incorpo by reference the averments set forth in paragraphs 7 though 12 of Plaintiffs New N and Defenses in Opposition herein below. rs' 5. "Petitioner/Defendant Fathers are of the belief and therefore aver that it is in the best interest and permanent welfare of the five 5 minor children that a Supersedes and Stay be granted and that the children remain in Pennsylvania in the Gusto of their fathers while the Child Fast Track Appeal is entertained by Pennsylvania Superior Court for the following reasons: a. In the event Fathers do not prevail on Appeal the children can relocate to Spokane Valley, Washington and will not suffer any harm while they remain in the custody of their Fathers pending the Appeal. -3- b. In the event Defendant Fathers are successful on the Appeal and the Trial Court's Relocation Order is reversed it would not be in the best interest of the children to withdraw from West Shore School District relocate to Spokane Valley, Washington and then have to withdraw from school and move back to Camp Hill, Pennsylvania if the Trial Court Relocation decision is overturned" 6. Denied. Plaintiff denies the following averment set forth in Paragraph 6 of Fathers' Motion and by way of further Answer and Opposition to Father's Stay Motion incorpo by reference the averments set forth in paragraphs 7 though 12 of Plaintiffs New and Defenses in Opposition herein below: 6. "The Trial Court in its own opinion emphasized the difficulty the Court had in reaching its detennination and also raised serious concerns about Mother's relocation plans to the extent the Trial Court has already scheduled a hearing for January 2, 2013 to determine whether the term of the revised Order should be continued or modified based upon the circumstances then existing on Wednesday January 2, 2013." PLAINTIFF'S NEW MATTER AND DEFENSES IN OPPOSITION TO FATHERS' STAY MOTION 7. Plaintiff incorporates by referenced Plaintiffs answers and averments set Paragraphs 1 through 6 above. h in 8. Plaintiff is hereinafter referred to as "Mother HCM". Petitioner/Defendant, Raymo d A. Miller, is hereinafter referred to as "Father RAM" and Petitioner/Defendant, Ric and Vincente Lucente, is hereinafter referred to as "Father RVL". "Father RAM and F ther RVL are collectively referred to as "Fathers". 9. For the following reasons, it is not in the best interest of the children for Fathers' tay Motion to be granted and have the children remain in Pennsylvania in the custody, of heir fathers while the Child Fast Track Appeal is entertained by Pennsylvania Superior C urt: a. Mother has already made plane reservations to fly to from Spokane, W Harrisburg, PA on August 17, 2012 at a cost of $209.40 and to fly with the chil from Baltimore, WA to Spokane, WA on August 22, 2012 at a cost of $1,119 for total flight costs of $1,329.00. A copy of Mother's Flight Itineraries are attar hereto, collectively marked Exhibit "R-1" and made a part hereof. Mother wi be able to change these reservations and will suffer substantial financial Ic k to iren 60., not s if -4- these airline tickets are not used, which financial loss in not in the best i the children. of b. The granting of the Stay Motion would separate prevent the children from livin with the primary custodian, Mother HCM, and each other and would not be in the best interest of the children. i. The children have been in the custody of Fathers since June 29, 201 and by the August 22, 2012 date Mother HCM is to pick them up, they will ave been in the Fathers' custody and have not lived with Mother HCM or each other for a period of approximately 53 days. If Fathers' Stay Motion is granted, the next time they will be able to see Mother will be around December 22, 2012, the beginning of the Christmas holidays. Thus, by that time the children will have been unable to see Mother or live with Mother and each other for a total period of 175 (lays (June 30th - December 21'). iii. It is averred by Mother HCM and was specifically found by this Honc Court, "... the best interest of these closely bonded children depend their continued primary residence in a common household, with each and with mother." iv. It is averred by Mother HCM and was specifically found by this Hono ble Court, "Petitioner has been the primary custodian of all of the children ince their birth." It has long been held by the Courts of this Commonwealth that keeping the children with the primary custodian is an important factor in determining the children's best interest. V. It is averred by Mother HCM and was specifically found by this Honorable Court, " It would, in the court's view, be devastating to her [Madiso ] to separate her from the household in which her mother lives and from her brothers and sisters. " vi. Being away from Mother HCM and not being able to live with her and ach other for a period estimated to be at least 153 days is not in the child n's best interests. vii. It is averred by Mother HCM that it is in the best interests of the childre be raised together in a single home, being mother's home, and there ar compelling reasons that would support the separation of the children In to no into -5- different households. viii. There is no temporary order granting Mother HCM temporary partial cu tody rights which would offset the detrimental effect on the children by removing them from Mother's custody and being able to live with her and their sit lings in the same household. ix. In the event Mother does not prevail on Appeal the children can reloc to to Pennsylvania and will not suffer any harm while they remain in the cu tody of Mother HCM pending the Appeal. X. The potential of harm to the children by having to change schools is substantially less than the potential harm to the children by not seeing Mother HCM for a period of 174 days and not being able to live with Mother HCM and their siblings for a minimum of 174 days. A. On the contrary, it is not in the children's best interest to prevent the children from moving to Spokane, making the adjustment resulting from that move and starting their new schools at the beginning of the school year, the deal time to make such a transition. 10. Plaintiff believes that the Order of Court dated June 29, 2012,is not a "Final Ord " as required by Pa.R.A.P. Rule 341, that Defendants/Petitioners' Appeal is interlocutory and concurrently with the filing of this pleading, Plaintiff is ding a Motion to Mash Defendants/Petitioners' Appeal. See the following cases: a. Kassam v. Kassam, 811 A.2d 1023 (Pa.Super.,2002). Trial court's child cu tody order was interlocutory and, thus, not appealable since court, in its custody o der, expressly retained jurisdiction and scheduled a hearing for review of custody o der. b. G.B. v. M.M.B. , 448 Pa.Super. 133, 670 A.2d 714) (Pa.Super.,1996) Sinc the court contemplated an additional hearing on the ultimate issues in the case, the appeal is premature c. Sawko v. Sawko, 425 Pa.Super. 450, 625 A.2d 692 (1993), This case involved an appeal from an order entered in response to a mother's petition to modify an order entered five weeks earlier which awarded primary custody to her child's father. The trial court conducted a hearing on the petition to modify at which both parties were permitted to put on as much evidence as they wished. At the conclusion o 'the hearing, the court entered an order which denied the petition to modify prary custody but increased the mother's partial custody rights and schedulITC an additional review hearing about four months in the future. This Superior urt -6- noted, without elaboration, that the order was interlocutory and that mother's a peal therefrom was premature and subject to quash. Id. at 458, 625 A.2d at 696. 11. If the Motion to Quash is granted, then regardless of Fathers' position the childre will relocate until the matter is reviewed on January 2, 2012, and it makes no sense to delay that relocation when the matter will be reviewed on January 2, 2012. 12. Given the uncertain status of the appeal, it is not appropriate to grant Fathers' Stay WHEREFORE forthe foregoing reasons, Respondent/Plaintiff Holly C. Miller respectfully re nest the Honorable Court to deny and dismiss Petitioner/Defendants' Motion for Supersedes and tay. Dated: August 8, 2012 Respectfully submitted, ANE DCLIFF, ESQUIRE urt ID #32112 3448 Trindle Road Camp Hill, PA 17011 Telephone: (717) 737-0100 Attorney for Holly C. Miller 7- VERIFICATION I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C Section 4904, relating to unswom falsification to authorities. C\c Date: 1 HOLLY C ILLER CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on this date I am serving a copy of the document, which service satisfies the requirements of the Pennsylvania Rules of Civil P Service by First Class Mail, Postage Prepaid and Addressed as Follows: Joanne H. Clough, Esquire 3820 Market Street Camp Hill, PA 17011 (Attorney for Defendant, Raymond A. Miller) Johanna H. Rehkamp, Esquire Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 (Attorney for Defendant, Richard V. Lucente) Dated: August 8, 2012 G. RADCLIFF, ESQUIRE ourt ID #32112 3448 Trindle Road, Camp Hill, PA 17011 Telephone: (717) 737-0100 Attorney for Plaintiff, Holly C. Miller oing ure: EXHIBIT "R-1" FLIGHT ITINERARY From: Holiv M Date: 8/6/2012 7:33:19 PM To: di.aneradclit.TI@comcast.net Subject: miller Hello Diane. Tony is in Seattle but he did look at the document. The only changes if you think is nessary is: Admitted 3: You have Valley Washington it should be Spokane Valley, Washington. 11: which you may have already seen. The number 3 is in when and one sentence : it makes "not" sense. Below I have a copy of my flight to Harrisburg on Aug 17th. That is additional cost that cannot be refunded. I have both Gabrielle and Dominique registered at Central Valley High school and they have appoints with their new guidance counselors on August 23rd. I cannot register Vincent, Gino and Madison until the school opens on August am still moving forward with everything and the kids and I are counting down the days.:) Thank you again for everything. Have a wonderful evening. Holly ----Original Message-- From: Priceline.com Customer Service <ItineraryAir@trans.priceline.com> To: HMILLER7 <HMILLER7@AOL.COM> Sent: Mon, Jul 9, 2012 5:15 pm Subject: Your priceline.com Itinerary for Harrisburg, PA - Aug 17, 2012 (Itinerary #172-822-410-11) pi r?icoll Check your request I Help Flights I Hotels I Cars I Packages I Cruises I Activities I PrIceBreakers I Rewards I Last Minute Deals > Flight Confirmation Thank you for booking your trip to Harrisburg, PA with priceline. A copy of your itinerary is shown below. Click here to access your complete itinerary and receipt, plus other information for your priceline trip. priceline trip number: 172-822-410-11 AIRLINE CONFIRMATION # United Airlines: FZN4CR view my itinerary email my itinerary print my itinerary get our mobile app share M share Add Trip Protection for $16.00 Per Person fS Offer expires: 07/10112 at 04:15 PM 100% Trip Cancellation and Trip Interruption Protection reimburses for cancellations due to unforeseen illness of traveler, family members and traveling companions, death in the family, job loss, natural disaster at departure or destination city or other specified events. $600 Baggage and Personal Effects reimburses for lost personal effects as well as checked 0#0 baggage throughout your trip. 2417 Hour Live Travel Assistance A real person available to assist you any time of the day 1#0 with last minute flight or hotel changes, luggage locator services, cash transfers, medical assistance services and emergency services. Flight Details Flight Information Leaving Spokane, WA (GEG) at 6:03 AM on Friday, August 17, 2012 Arriving Harrisburg, PA (MDT) at 9:16 PM on Friday, August 17, 2012 Flight From To Travel TimelClass United Airlines Spokane Intl (GEG) Denver Intl (DEN) 2h 11m Flight 791 Spokane, WA Denver, CO Economy 16:03 AM 9:14 AM 8/7/2012 Since airlines change flight schedules from time to time, be sure to contact Layover Time: 3h 25m United Airlines Denver Intl (DEN) O'Hare Intl (ORD) Flight 908 Denver, CO Chicago, IL 12:39 PM 4:00 PM Layover Time: 2h 30m United Airlines O'Hare Intl (ORD) Harrisburg Intl (MDT) Flight 278 Chicago, IL Harrisburg, PA 6:30 PM 9:15 PM Passenger and Ticket Information Travelers Seat Preference Ticket # Holly C Miller Flight 791: 29C Requested Delivery: e-ticket Flight 908: 37D Requested Ticketed by: United Airlines Flight 278: 30C Requested Wage OT 4 2h 21m Economy 1 h 45m Economy Airline Contact Information United Airlines 11-800-864-8331 I www.ual.com Confirmation #: FZN4CR Add a Hotel to Your Trip I Save up to 60% off Recent Name Your Own PriceO Winning Hotel Bids* 3-Star Hotel - Harrisburg, PA 46% Off `E'59 York T 2-Star Hotel -Harrisburg, PA 50% Off 00 M , Hershey 3-Star Hotel - Harrisburg, PA 44% Off $100 Harrisburg West 2.5-Star Hotel - Harrisburg, PA 34% Off $85 Harrisburg East * *112 3.5-Star Hotel - Harrisburg, PA 52% Off $75 Harrisburg * *1f2 2.5-Star Hotel - Harrisburg, PA 42% Off $87 Carlisle West *''f2 2-Star Hotel - Harrisburg, PA 40% Off $120 Carlisle East » See More Hotel Winning Bids » Browse all Hotels in Harrisbura. P Summary of Charges 8/7/2012 Airline Ticket Cost: Airline Ticket Taxes & Fees Processing Fee: Number of Tickets: Airfare Subtotal: Total Trip Cost: (All prices are in US dollars) $184.00 per ticket $25.40 per ticket $0.00 per ticket 1 $209.40 $209.40 ??? Visa for our new csh rew visa card today. Get cash back. . Important Information Airline Contact Information: Please confirm your flight information and check-in location with the airline prior to each departure. Your carrier may offer check-in, seat assignments and flight status information. United Airlines: 1-800-864-8331 Airline Information: We recommend that you arrive at the airport a minimum of 90 minutes in advance of departure for domestic flights, and at hours in advance of departure for international flights. If you choose not to take your outbound flight, the airlines will autorr cancel the remainder of your reservation and no refunds will be granted for the unused portion of your trip. I Customer Service ( Customer Service Phone Number. Your priceline trip number: Phone Number You Provided: Frequently Asked Questions 1-800-340-0575 (when calling from the United States) 172-822-410-11 509-844-5910 Add Activities to Your Trip Save on these and more activities on your trip to Harrisburg Airport Ground Transportation Safe, reliable, door-to-door transportation to and from the airport and your hotel. Airport Parking Reserve airport parking for your trip. Tours & Attractions I %_ Choose from hundreds of sightseeing tours, activities and attractions that'll make your next vacation even better. 8/7/2012 Your Flight Details Flight Information - Wednesday, August 22, 2012 US Airways From SallmoreNVashkVton Intl Thurgood Marshall FI ht 678 h 4 Apt (OM) 4 7m, 1993 MD mi Departs: 5:15 PM US Airways From Flight 587 Phoenbc Sky Harbor Intl Airport (PHX) 2h 35m, 1021 Phoenbc, AZ mi Departs: 8:00 PM Passenger and Ticket Information Seats for. Holly C Miller ( Change Seat) Carrier Flight # Seat US Airways 678 16A US Airways 587 17B Seat Charges for Holly C Miller Trip Number: Ticket Number: 176-7614850-10 0377089873504 Ticket Type: Electronic Ticket Meal Preference: No Meal Preference Seats for. Madison J Miller ( Change Seat ) To Aircraft T Phoenix Sky Harbor Intl Airbus A319 Airport APhoan Z Economy/Coach Arrives: 7:02 PM Gass To Aircraft Spokane Inn! Airport (GEG) Airbus A319 Spokane, VVA Economy/Coach Arrives: 10:35 PM Class Seat Type Seat Cost Standard No Charge Standard No Charge $0.00 Airline Confirmation: A2ZSKW - US Airways Frequent Flyer Information: None Provided Carrier Flight # Seat Seat Type Seat Cost Stati US Airways 678 16B Standard No Charge Assign US Airways 587 17C Standard No Charge Assign Seat Charges for Madison J Miller $0.00 Trip Number: Ticket Number: Airline Confirmation: 176-7614850-10 0377089873505 A2ZSKW - US Airways Ticket Type: Electronic Ticket Meal Preference: No Meal Preference Seats for. Gino R Lucente ( Change Seat ) Caller Flight # Seat US Airways 678 16C US Airways 587 17D Seat Charges for Gino R Lucente Trip Number. Ticket Number: 176-761-850-10 0377089873506 Frequent Flyer Information: None Provided Seat Type Seat Cost Statt Standard No Charge Assigr Standard No Charge Assigr $0.00 Airline Confinmation: A2ZSKW - US Airways http://www.priceline.com/travellairlineslhmg/en-us/status/PrinterFriendlyReWl.asp?session... 7/9/2 12 Ticket Type: Meal Preference: Frequent Flyer Information: Electronic Ticket No Meal Preference None Provided Seats for. Vincent R Lucente ( Change Seat ) Carrier Flight # Seat US Airways 678 16D US Airways 587 17E Seat Charges for Vincent R Lucente Trip Number. Ticket Number. 176-7614850-10 0377089873507 Ticket Type: Electronic Ticket Meal Preference: No Meal Preference Seats for. Dominique P Lucente ( Change Seat ) Carrier Flight # Seat Us Airways 678 16E US Airways 587 17F Seat Charges for Dominique P Lucente Trip Number: Ticket Number: 176-7614850-10 0377089873508 Ticket Electronic Ticket No Meal Preference Seats for. Gabrielle B Lucente ( Change Seat ) Caller Flight # Seat US Airways 678 16F US Airways 587 17A Seat Charges for Gabrielle B Lucents Trip Number. Ticket Number: 176-7614350-10 0377089873509 Ticket Type: Meal Preference: Electronic Ticket No Meal Preference Airline Contact Information Seat Type seat cost Standard No Charge Standard No Charge $0.00 Airline Confirmation: A2ZSKW - US Airways Frequent Flyer Information: None Provided Seat Type Seat Cost Standard No Charge Standard No Charge $0.00 Airline Confirmation: A2ZSKW - US Airways Frequent Flyer Information: None Provided Seat Type Seat cost Standard No Charge Standard No Charge $0.00 Airline Confirmation: A2ZSKW - US Airways Frequent Flyer Information: None Provided US Airways 14800-428-4322 www.usair.com confirmation: A2ZSKW what do these words mean? Airline Confirmation, Electronic Ticket, Trip Number, Meal Preferences, Pending, Seat Preferences, Assigned, Requested, Not Assigned, Change Seat, Ticket Number Summary of Charges Airline Ticket Cost: $165.00 Airline Ticket Taxes & Fees: $21.60 Bonus: No Priceline Booking Fee Number of Tickets: 6 Airline Ticket Shipping & Handling: $0.00 (Electronic Ticket) Airfare Subtotal: $1118.60 http://www.priceline.comltmvellairlinesllanWen-uslstatus/printerFriendlYReWl.asp?session,.. 7/9/2812 HOLLY CATHLEEN IN THE COURT OF COMMON PLEAS OF LUCENTE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . CIVIL ACTION (IN CUSTODY) V. RICHARD VINCENT . LUCENTE, . Defendant N0.2002-5647 CIVIL TERM t ~ .,.., HOLLY C. MILLER, IN THE COURT OF COMMON PLEAS `°~ ' Plaintiff OF CUMBERLAND COUNTY, PENNSYLVAI` ~ ~ CIVIL ACTION (IN DIVORCE) - , ~„ ' ` .: RAYMOND A. MILLER ~ ~ ~°' , -- ~ --: Defendant NO. 2009-2081 CIVIL TERM ± t ~ " ~ -; ,.- . ~;~€ {:. ~ ~ ., . ,. ' RAYMOND A. MILLER, IN THE COURT OF COMMON PLEAS OF~? F.~ ~I Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN CUSTODY) HOLLY MILLER, N0.2010-3837 CIVIL TERM Defendant J RAYMOND A. MILLER_'S REPLY TO PLAINTIFF'S NEW RELOCATE TO SPOKANE VALLEY, WASHINGTON PENDING CHILD FAST TRAICK SUPERIOR COURT APPEAL AND NOW, this ~y day of August, 2012, comes Defendant/Petitioner Raymond A.'', Miller, by and through his attorney, Joanne Harrison Clough, Esquire and respectfully files this reply to Plaintiff s New Matter Motion for Supersedes and in support thereof' avers as follows: ', REPLY TO NEW MATTER 7. No responsive pleading is required to this averment. 8. Admitted. ' 9. Denied. It is specifically denied that for the reasons averred by Plaintiff Mother HCM that is not in the best interest of the children for the Fathers' Joint Motion for Supersedes to Stay'Order to be granted. To the contrary, it is in the best interests of the children that the Stay be granted ar~d that the children remain in the custody of their fathers while the Child Fast Track Appeal is entertained by the Pennsylvania Superior Court: a. Denied. It is specifically denied that it is not in the best interest of the child~en to remain in Pennsylvania during the pendency of the Child F ast Track appeal because, Mother purchased airline tickets to transport the children to Spokane Valley, Washington on August 22, 2012. Father RAM's legal counsel notified Mother HCM's legal counsel by telephone on or about July 2, 2012 that Father RAM was filing an appeal. of the Jjune 29, 2012 Court Order permitting the relocation and Mother HCM purchased the airl~ne tickets without purchasing the Trip Protection Insurance at: $ 16.00 per ticket which II, would have allowed her to receive a refund if the Court granted the Stay. Mother HM's airline ticket for her own flights on 8-17-12 and 8-22-12 can still be used if the Stay!is granted because Mother HCM can travel to Pennsylvania and have a six day visit with the children if the Motion for Supersedes and Stay is granted. The potential harm to~ the children by changing schools two times if Fathers RAM and RVL are successful on khe Child Fast Track Appeal is greater than Mother HCM's potential financial loss from',' purchasing the tickets without trip insurance. ', b. Admitted in part, Denied in part. It is specifically denied that granting the Stay would not be in the best interests of the children. It is admitted that granting the Staff would prevent the children from living with Mother HCM in Spokane Valley Washington, but it is denied that it is the Court that would. be preventing the childrenn to reside in the primary custody of Mother HCM. To the contrary, as Mother clearly testified at trial, she made the decision to relocate to Spokane Valley regardless of ', whether the children could move with her and it is Mother' HCM's own decisions and conduct that have caused the situation where the children may no longer be in her '' primary physical custody. ', i. Admitted. 1=3y way of further explanation, Mother left Pennsylvania and the children to live with her paramour. ii. Denied. It is specifically denied that if Fathers' Stay Motion is granted the next time Mother HCM will be able to see the children is on or around December 22, 2012. TO the contrary, Mather has already purchased a ticket for a six day trip to Pennsylvania from August 17 to 22, 2012 and can have a six day visit with the children in August and Mother can also fly to Pennsylvania on numerous other visits at apparently nominal airfare and see the children on many occasions between August 22, 2012 and December 22, 2012 including but not limited to Columbus Day weekend, Thanksgiving or any other time period she wishes to travel. iii. Admitted in part. It is admitted that the Court made such a partial '' finding; however, the Court also indicated this was a verv difficult case and further stated in its July 26, 2012 Re: Opinion Pursuant to ', Pa.R.A.P. 1925 that "the very difficult nature of these cases is evident frorri the Court's opinion, and the benefit of appellate review is equally obvious in such cases." page 8. (emphasis added). iv. Admitted in part. It is admitted that Mother HCM was the primary caretaker of the children but it: is specifically denied that this is the controlling factor in custody relocation cases and it is specifically ~'~, denied that such status is a controlling factor to warrant relocation. v. Admitted in part, denied in part. It is admitted that the Court made such a partial finding; it is specifically denied that said partial finding is a basis to deny the Stay where the Court by its own admission welcomes appellate review and has taken the unusual step of scheduling a status hearing on January 2, 201.3 to determine whether the .Tune 29, 2012 Order should be continued or modified based on the circumstances then existing on Wednesday January 2, 2013. vi. Denied. It is specifically denied that the children will be away ', from Mother HCM for 153 days if the Stay is granted or that the children will be away from each other for said time period. Mother HCM has airline tickets to travel to Pennsylvania for 6 ', days from. August 17 through 22, 2012 and can travel here for additional periods of custody on numerous occasions for nominal airfare of`~ 2.09.00. Mother HCM is aware of the fact that the minor children are spending significant times with Mother HCM and Father RAM's daughter on a weekly basis including ', sleepovers with Father RVL and Father RVL's four children and their minor child is not separated from her siblings. vii. Denied. Mother HCM's averment that it is in the best interests of the children that they remain with her in the same home in Spokane Valley Washington is disingenuous since she testified repeatedly that she was moving to Spokane even if the children did not move with her. Preserving the children's relationships with their fathers is a compelling reason to support their continued residency in Pennsylvania. viii. Admitted in part. It is admitted there is no temporary order granting Mother HCM partial custody rights; however, any Order granting the Stay should include an award of partial physical custody to N[other HCM from August 17 through August 22, 2012 and at any other times Mother is able to travel to Pennsylvania or is able to send the children for a visit to Spokane Valley ', Washington pending the outcome of the Child Fast Track appeal pending with. Pennsylvania Superior Court. ix. Denied. It is ludicrous to allege that if Mother HCM does not prevail on appeal, "the children can relocate to Pennsylvania and will not suffer any harm while they remain in the custody of Mother HCM pending the appeal". Removing 5 children from the schools they have attended for many years, transferring them two ', thousand miles away to new schools, then transferring them back to their Pennsylvania schools is harmful, and it is harmful to take them from their fathers, their churches, and the only friends they have ever known. If Mother HCM prevails on the appeal., the ', children are simply delayed in the relocation and do not suffer the harm inherent in reversing a two thousand mile relocation. xi. Denied. It is specifically denied that it is better for the children to start school in the fall in Spokane, if the appeal is successful and they are Ordered back to reside in Pennsylvania. 10. Denied. It is specifically denied that the Order of Court dated June 29, 2012 is not "Final Order" as required by Pa.R.A.P. Rule 341. It is further denied that Defendants/Petiti Appeal is interlocutory. To the contrary, Mother HCM filed two Petitions to Relocate which both granted by the Court in its Order of June 29, 2012 and determined the ultimate issue and '' permitted the relocations. a. Denied. It is specifically denied that Kassam v. Kassam, 811 A.2d 1023 ', (Pa.Super. 2002) is controlling in the instant action. In the Kassam case, the trial court did make a final order on the ultimate issue and scheduled an additional hearing on the ultimate issue in that case. In the instant action, t:he trial court has ruled on the ultimate issue after conducting 5 days of evidentiary hearings and granted two petitions to relocate. In Parker v. MacDonald, 344 Pa. Super. 552, 496 A2d.1244 (Pa.Super 1985) the Superior Court held that the trial court language making an Order open to further review did not defeat the finality or appealabilit}~ of the parties rights to challenge the order in the appellate court. In Cady v. Weber, 317 Pa.S~per 481, 464 A.2d 423 (1983) the Court also found that an Order was final and appealable desp~te the fact the court was allowing for further proceedings to determine a way to minimize the !, traumatic impact of transferring custody from a grandmother where they had resided for se~eral years to the mother and held that the ultimate issue was resolved in the court's decision and therefore the Order was appealable despite the Court. holding additional proceedings. ', b. Denied. It is denied that G.B. v. M.M.B., 448 Pa.Super. 133, 670 A.2d 714 '~, (Pa.Super 1996) is controlling in th.e instant action since that Order did not resolve the ultirr~ate issue and therefore was not a final appealable order. In G.B. v. M.M.B., the parties had ', numerous petitions filed during the pendency of the custody action and the Court held a hearing on the issue of "permanent custody and partial custody" on March 17, 1995 and did not havle time to hear from all of the witnesses and scheduled a second day of hearing for May 8, 1955 but entered an Order at the conclusion ~of the testimony on March 17 granting father certain per~ods of partial physical custody. When mother and or the children's attorney tried to obtain a suspension of that order after a subsequent visit with father and prior to the May hearing, the court denied that request and the March 17 order was entered permitting father's partial cus~ody pending the further proceedings. Ntother filed an appeal of that Order to the Superior Court and father filed a Motion to Quash that appeal which was granted. The Superior Court held that a custody order will be considered final and appealable only after the trial court has complete its hearings on the merits and the resultant order resolves the pending custody claim between tl~e parties. In the instant action, the trial court did complete the hearings on the merits in 5 days of testimony and did issue and order resolving the ultimate issue between the parties and granted the two relocation petitions of Mother. The fact that the court scheduled a subsequent hearing to see if that Order needed to be modified did not change the final nature of the order granting~the relocations. This was not an interim order permitting relocation pending a hearing of a trial on the merits; it was a final order entered after a complete hearing on the merits simply scheduling a time for new evidence after the final order to see if a modification. of that Order was appropriate. In G.B.v. M.M.B., the Superior Court also noted that Pa.R.A.P. 341 does not explicitly add~ess custody orders and notes that custody orders are different than other civil orders because cu~tody orders have significant, important and immediate impact upon children and it is important f~r prompt and comprehensive review of Custody determinations. c. Denied. Sawko v. Sawko, 425 Pa.Super. 450, 625 A.2d 692 (Pa.Super., 1996) is not controlling in this action and is not a custody relocation case. In the instant action, the ~'ourt has ruled on the ultimate issue in its June 29, 2012 Order and has granted Mother HCM's t~vo petitions for relocation and said Order is final and appeallable despite the Court scheduling;ia status hearing for January 2, 2103. 11. Denied. It is specifically denied that if the Motion to Quash is granted by the ', Pennsylvania Superior Court, that the children will relocate until the matter is reviewed on January 2, 2013 or that "it makes no sense to delay the relocation when the matter will be reviewed on Janu~ry 2, 2013". To the contrary, the Court can grant the Motion for Supersedes and Stay the relocation o>Fders of June 29, 2012 and evidence can be presented at the January 2, 2013 hearing of how the childr~n have been functioning in the primary custody of their fathers. It is in the children's best interests to remain in Pennsylvania pending the outcome of Mother's Motion to Quash, and if said Motion i5 unsuccessful, to remain in the Commonwealth pending the outcome of the Child Fast Track appal. 12. Denied. The mere filing of a Motion to Quash by Mother HCM does not negate the appropriateness of the Motion for Supersedes and Stay and the children should remain in Pennsy}vania in the custody of their fathers pending this appeal. WHEREFORE, Father RAM respectfully requests the Honorable Court grant the Joint 1~}lotion for Supersedes and Stay and direct the minor children remain in the primary physical custody o~ their respective Fathers during the fall 2012-2013 school calendar year until Superior Court rules do this Child Fast Track Appeal Case and/or Motion to Quash and grant any appropriate modification Ito the custod schedule so Mother ma exercise tem orar eriods of artial ~h sical custod with the I mor Y Y p Y p P l Y Y ~~ children from August 17 through 22, 2012 and at any other times she can arrange to tra~el to Pennsylvania or she can arrange to have the children travel to Spokane Valley to visit. ', submitted, JoI-1'~rrison Cloug , sc ATTY. ID. NO. 3646 3820 Market Street Camp Hill, PA 17011 Tele: 717-737-5890 Counsel for Raymond Miller VERIFICATION I, Raymond A. Miller, hereby verify and state that the facts set forth in the foregoing pleading 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 l8 Pa. C.S. Section 4904 relating to unsworn verification to authorities. Raymond A. Miller CERTIFICATE OF SERVICE I, Connie Lee, Limric, secretary to Joanne Harrison Clough, Esquire, do hereby certify that~on this date I served a copy of the foregoing document by United States First Class Mail to the follow~ng individual set forth below: Hand Delivery The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Johanna H. Rehkamp, Esquire 4701 North Front Street Harrisburg PA 1.7110 /f '' Date: / ~ ~ ~ .~..,. ~.~'- ~__ .~.._~~...-.~-~I Co ie Lee L~m ' , secreta Joanne Harrison Clough, Esquire Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 ', Attorney for Raymond A. Miller Le-~ I~N~ F'r~DTHONOTAE~`( ~~'~~~~ 1 s ~~ ~~: ~ HOLLY CATHLEEN IN THE COURT OF COMMON PLEA LUCENTE, :CUMBERLAND COUNTY, PENNS~,t~~~A~O GO~Jr' Plaintiff FINNS YLYA NIA :CIVIL ACTION (IN CUSTODY) V. RICHARD VINCENT LUCENTE, . Defendant N0.2002-5647 CIVIL TERM HOLLY C. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN DIVORCE) RAYMOND A. MII.LER Defendant NO. 2009-2081 CIVIL TERM RAYMOND A. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN CUSTODY) HOLLY MILLER, N0.2010-3837 CIVIL TERM Defendant ~CATE TO SPOKANE VALLEY, WASHING'I FAST TRACK SUPERIOR COURT APPEAL AND NOW, this '~~ day of August, 2012, comes Defendant/Petitioner Richard Vi Lucente, by and through his attorney, Johanna H. Rehkamp, Esquire and respectfully files this to Plaintiff's New Matter Motion for Supersedes and in support thereof avers as follows: REPLY TO NEW MATTER 7. No responsive pleading is required to this averment. 8. Admitted. 9. Denied. It is specifically denied that for the reasons averred by Plaintiff Mother that is not in the best interest of the children for the Fathers' Joint Motion for Supersedes to Stay to be granted. To the contrary, it is in the best interests of the children that the Stay be granted that the children remain in the custody of their fathers while the Child Fast Track Appeal is by the Pennsylvania Superior Court: a. Denied. It is specifically denied that it is not in the best interest of the children to remain in Pennsylvania during the pendency of the Child Fast Track appeal because Mother purchased airline tickets to transport the children to Spokane Valley, W on August 22, 2012. Father RAM's legal counsel notified Mother HCM's legal by telephone on or about July 2, 2012 that Father RAM was filing an appeal of the 29, 2012 Court Order permitting the relocation and Mother HCM purchased the tickets without purchasing the Trip Protection Insurance at $ 16.00 per ticket which would have allowed her to receive a refund if the Court granted the Stay. Mother HM's airline ticket for her own flights on 8-17-12 and 8-22-12 can still be used if the Stay granted because Mother HCM can travel to Pennsylvania and have a six day visit the children if the Motion for Supersedes and Stay is granted. The potenltial harm to children by changing schools two times if Fathers RAM and RVL are successful on Child Fast Track Appeal is greater than Mother HCM's potential financial loss from purchasing the tickets without trip insurance. b. Admitted in part, Denied in part. It is specifically denied that grating the would not be in the best interests of the children. It is admitted that granting the would prevent the children from living with Mother HCM in Spokane Valley Washington, but it is denied that it is the Court that would be preventing the children to reside in the primary custody of Mother HCM. To the contrary, as Mother clearly testified at trial, she made the decision to relocate to Spokane Valley regardless of whether the children could move with her and it is Mother' HCM's own decisions conduct that have caused the situation where the children may no longer be in her primary physical custody. Admitted. By way of further explanation, Mother left Pennsylvania and the children to live with her pazamour. ii. Denied. It is specifically denied that if Fathers' Stay Motion is granted the next time Mother HCM will be able to see the children is on or azound December 22, 2012. To the contrary, Mother has already purchased a ticket for a six day trip to Pennsylvania from August 17 to 22, 2012 and can have a six day visit with the children in August and Mother can also fly to Pennsylvania on numerous other visits at apparently nominal airfaze and see the children on many occasions between August 22, 2012 and December 22, 2012 including but not limited to Columbus Day weekend, Thanksgiving or any other time period she wishes to travel. iii. Admitted in part. It is admitted that the Court made such a partial finding; however, the Court also indicated this was a very difficult case and further stated in its July 26, 2012 Re: Opinion Pursuant to Pa.R.A.P. 1925 that "the very difficult nature of these cases is evident from the Court's opinion, and the benefit of appellate review is equally obvious in such cases." page 8. (emphasis added). iv. Admitted in part. It is admitted that Mother HCM was the primary caretaker of the children but it is specifically denied that this is the controlling factor in custody relocation cases and it is specifically denied that such status is a controlling factor to warrant relocation. v. Admitted in part, denied in part. It is admitted that the Coiurt made such a partial finding; it is specifically denied that said patial finding is a basis to deny the Stay where the Court by its own admission welcomes appellate review and has taken the umusual step of scheduling a status hearing on January 2, 2013 to determine whether the June 29, 2012 Order should be continued or rn~odified based on the circumstances then existing on Wednesday January 2, 2013. vi. Denied. It is specifically denied that the children will be away from Mother HCM for 153 days if the Stay is granted or t1~at the children will be away from each other for said time period. Mother HCM has airline tickets to travel to Pennsylvania for 6 days from August 17 through 22, 2012 and can travel here for additional periods of custody on numerous occasions for nominal airfare of $209.00. Mother HCM is aware of the fact that the minor children aze spending significant times with Mother HCM and Father RAM's daughter on a weekly basis including. sleepovers and their minor children are not separated from their vii. Denied. Mother HCM's averment that it is in the best interests of the children that they remain with her in the same home in Spokane Valley Washington is disingenuous since she testified repeatedly that she was moving to Spokane even if the children did not move with her. Preserving the children's relationships with their fathers is a compelling reason to support their continued residency in Pennsylvania. viii. Admitted in part. It is admitted there is no temporary order granting Mother HCM partial custody rights; however, any Order granting the Stay should include an awazd of partial physical custody to Mother HCM from August 17 through August 22, 2012 and at any other times Mother is able to travel to Pennsylvania or is able to send the children for a visit to Spokane Valley Washington pending the outcome of the Child Fast Track appeal pending with Pennsylvania Superior Court. ix. Denied. It is ludicrous to allege that if Mother HCM does not prevail on appeal, "the children can relocate to Pennsylvania and will not suffer any harm while they remain in the custody of Mother HCM pending the appeal". Removing 5 children from the schools they have attended for many yeazs, transferring them two thousand miles away to new schools, then transferring them back to their Pennsylvania schools is harmful, and it is harmful to take them from their fathers, their churches, and the only friends they have ever known. If Mother HCM prevails on the appeal, the children aze simply delayed in the relocation and do not suffer the harm inherent in reversing a two thousand mile relocation. xi. Denied. It is specifically denied that it is better for the children to start school in the fall in Spokane, if the appeal is successful and they aze Ordered back to reside in Pennsylvania. 10. Denied. It is specifically denied that the Order of Court dated June 29, 2012 is not a "Final Order" as required by Pa.R.A.P. Rule 341. It is further denied that Defendants/Petitioners' Appeal is interlocutory. To the contrary, Mother HCM filed two Petitions to Relocate which both granted by the Court in its Order of June 29, 2012 and determined the ultimate issue and permitted the relocations. a. Denied. It is specifically denied that Kassam v. Kassam, 811 A.2d 1023 (Pa.Super. 2002) is controlling in the instant action. In the Kassam case, the trial court did make a final order on the ultimate issue and scheduled an additional hearing on the ultimate in that case. In the instant action, the trial court has ruled on the ultimate issue after days of evidentiary hearings and granted two petitions to relocate. In Parker v. MacDonald, Pa. Super. 552, 496 A2d.1244 (Pa.Super 1985) the Superior Court held that the ttial court language making an Order open to further review did not defeat the finality or appealability the parties rights to challenge the order in the appellate court. In Cady v. Weber, 317 Pa.Su~ 481, 464 A.2d 423 (1983) the Court also found that an Order was final and appealable despi the fact the court was allowing for further proceedings to determine a way to mirnimize the traumatic impact of transferring custody from a grandmother where they had resided for sev years to the mother and held that the ultimate issue was resolved in the court's decision and therefore the Order was appealable despite the Court holding additional proceedings. b. Denied. It is denied that G.B. v. M.M.B., 448 Pa.Super. 133, 67a A.2d 714 (Pa.Super 1996) is controlling in the instant action since that Order did not resolve the ulti to issue and therefore was not a final appealable order. In G.B. v. M.M.B., the pardies had numerous petitions filed during the pendency of the custody action and the Court held a he 'ng on the issue of "permanent custody and partial custody" on March 17, 1995 and did not hav time to hear from all of the witnesses and scheduled a second day of hearing for'May 8, 199 but entered an Order at the conclusion of the testimony on March 17 granting father' certain pe ' ds of partial physical custody. When mother and or the children's attorney tried to obtain a suspension of that order after a subsequent visit with father and prior to the May hearing, th court denied that request and the March 17 order was entered permitting father's partial cus ody pending the further proceedings. Mother filed an appeal of that Order to the Superior Court and father filed a Motion to Quash that appeal which was granted. The Superior Court held tha a custody order will be considered final and appealable only after the trial court his complete its hearings on the merits and the resultant order resolves the pending custody claim between e parties. In the instant action, the trial court did complete the hearings on the merits in 5 da of testimony and did issue and order resolving the ultimate issue between the parties and the two relocation petitions of Mother. The fact that the court scheduled a subsequent heari~g to see if that Order needed to be modified did not change the final nature of the order granting relocations. This was not an interim order permitting relocation pending a hearimg of a trial the merits; it was a final order entered after a complete hearing on the merits simply scheduling a time for new evidence after the final order to see if a modification of that Order was In G.B.v. M.M.B., the Superior Court also noted that Pa.R.A.P. 341 does not explicitly custody orders and notes that custody orders are different than other civil orders because orders have significant, important and immediate impact upon children and it is important prompt and comprehensive review of Custody determinations. c. Denied. Sawko v. Sawko, 425 Pa.Super. 450, 625 A.2d 692 (Pa.Super., 199) is not controlling in this action and is not a custody relocation case. In the instant fiction, the has ruled on the ultimate issue in its June 29, 2012 Order and has granted Mother HCM's petitions for relocation and said Order is final and appeallable despite~the Court scheduling status hearing for January 2, 2103. 11. Denied. It is specifically denied that if the Motion to Quash is granted by the Pennsylvania Superior Court, that the children will relocate until the matter is reviewed on 2, 2013 or that "it makes no sense to delay the relocation when the matter will be reviewed on Jan 2, 2013". To the contrary, the Court can grant the Motion for Supersedes and Stay the relocation or ers of June 29, 2012 and evidence can be presented at the January 2, 2013 hearing of how the childre have been functioning in the primary custody of their fathers. It is in the children's be'~st interests o remain in Pennsylvania pending the outcome of Mother's Motion to Quash, and if said Motion is unsuccessful, to remain in the Commonwealth pending the outcome of the Child Fast Track 12. Denied. The mere filing of a Motion to Quash by Mother HCM does not negate the appropriateness of the Motion for Supersedes and Stay and the children should remain in Pennsyl~ani in the custody of their fathers pending this appeal. WHEREFORE, Father RVL respectfully requests the Honorable Court grant the Joint for Supersedes and Stay and direct the minor children remain in the primary physical custody oft their respective Fathers during the fall 2012-2013 school calendar year until Superior Caurt rules o~ this Child Fast Track Appeal Case and/or Motion to Quash and grant any appropriate modification tb the custody schedule so Mother may exercise temporary periods of partial physical custody with the children from August 17 through 22, 2012 and at any other times she can arrange to travel to Pennsylvania or she can arrange to have the children travel to Spokane Valley to visit. Respectfully submitted, arena H. Rehkamp, Esquire f " A rney ID #20b589 1 North Front Street Harrisburg, PA 17110 717/232-4551 telephone 717/232-2115 facsimile jhr@turnerandoconnell.com Counsel for Richard Vincent Lucente CERTIFICATE OF SERVICE I, Johanna H. Rehkamp, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Squaze Cazlisle, PA 17013 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Joanne Harrison Clough, Esquire 3820 Mazket Street Camp Hill, PA 17011 Date: 8 1 S ~'y anna H. Rehkamp , r 11 H.C.L., R.V.L., IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION (IN CUSTODY) V. Defendant : NO. 2002-5647 CIVIL TERM H.C.M., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION (IN DIVORCE) V R.A.M., Defendant : NO. 2009-2081 CIVIL TERM R.A.M., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVAN I r , V, : CIVIL ACTION (IN CUSTODY) -a H.M., Defendant : NO. 2010-3837 CIVIL TERM IN RE: RESPONDENTS' JOINT MOTION FOR SUPERSEDERS AND NOW, this 21st day of August, 2012, after careful consideration of Respondents' "Joint Motion for Supersede[a]s To Stay Order Permitting Children To Relocate to Spokane Valley, Washington Pending Child Fast Tract Superior Court Appeal," Petitioner's answer thereto with new matter, and Respondents' replies to new matter, the joint motion for supersedeas pending disposition of the appeal is denied. BY THE COURT, J 4esleyl , S.J. 4e' Diane G. Radcliff, Esq. 3448 Trin4le Road Camp Hill, PA 17011 Attorney for H.C.M. (formerly L.) V- Johanna H. Rehkamp, Esq. Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 Attorney for R.V.L. d Joanne Harrison Clough, Esq. 3820 Market Street Camp Hill, PA 17011 Attorney for R.A.M. 4p#fC-,5 Ma he'd f/.:? t// a HOLLY C. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW RAYMOND A. MILLER, Defendant NO. 09-2081 CIVIL TERM t RAYMOND A. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW HOLLY C. MILLER, Defendant NO. 10-3837 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 23rd day of April, 2013, an additional period of hearing in the above matter is scheduled for Thursday, August 15, 2013, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. , BY THE COURT, J esley OlPJr. S.J. , w- v-6iane G. Radcliff, Esq. Attorney for Holly C. Miller Joanne Harrison Clough, Esq. Attorney for Raymond A. Miller • :rc �a