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Home My WebLink About10-0261l1LED-0i r-1CE ? The P^ ;n?'?TARY 2010 JAN -8 PAM 1: 18 Pamela L. Purdy Attorney ID No. 85783 308 N. Second Street, Suite 200 PO Box 11544 Harrisburg, PA 17108 (717) 221-8303 (717) 221-8403 facsimile pipurdy@verizon.net Attorney for Plaintiff DEBBIE A. MILLER, Plaintiff V. KEITH E. MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. l0- a(o( 0,1N1t I ler'm : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. $490. so Pb ArY ett NO? ,b t? oooa 3? YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 - / I P4 PAMELA L. PURDY ATTORNEY FOR PLAINTIFF Pamela L. Purdy Attorney ID No. 85783 308 N. Second Street, Suite 200 PO Box 11544 Harrisburg, PA 17108 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Plaintiff DEBBIE A. MILLER, Plaintiff V. KEITH E. MILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff Debbie A. Miller, by and through her attorney, Pamela L. Purdy, Esquire, and respectfully represents the following: 1. Plaintiff is Debbie A. Miller who currently resides at 905 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Keith E. Miller who currently resides at 5321 Spangler Lane, Hellam, York County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 11, 1993 at Hellam, Pennsylvania 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER 3301(C) AND (D) OF THE DIVORCE CODE 7. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 8. The marriage of the parties is irretrievably broken. 9. The grounds on which the action for divorce is based are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After 90 days have elapsed from the filing of this Complaint, it is believed the parties will file Affidavits of Consent to a divorce. B. Section 3301(d): The marriage of the parties is irretrievably broken. After two years from the date of separation, Plaintiff intends to file an Affidavit alleging that the parties have lived separate and apart for a period of two years and that the marriage is irretrievably broken, and she anticipates that Defendant will not deny that the parties have been separated for a period of at least two years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce under Section 3301(c) and (d) of the Divorce Code. COUNT II REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 12. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as of the date of the filing of this Complaint. 13. Plaintiff requests that the Court equitably divide, distribute or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT III REQUEST FOR SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(a) AND 3702 OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff is unable to sustain herself during the pendency of the divorce action. 16. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff respectfully requests that the Court enter an award of spousal support and/or alimony pendente lite until the termination of litigation and, at the appropriate time, enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. COUNT IV REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104(a)(1) 3323(b) AND 3702 OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff has engaged Pamela L. Purdy, Esquire to represent her in this cause. 19. Plaintiff is unable to pay her counsel fees, costs and expenses, and Defendant is more than able to pay them. 20. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court orders Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3104(a)(1), 3323(b) and 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Respectfully submitted, la L. Purdy Attorney for Plaintiff Dated: I (1) VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. a , Debbie A. Miller Dated: ? ?I?o 2~~D J~~~d 22 Q~ i 2: oo C4'i'~`( , j cam( Pamela L. Purdy, Esquire Supreme Court I.D. #85783 115 Pine Street, Suite 100 Harrisburg, PA 17101 (717) 221-8303 plpurdy@verizon.net Attorney for Plaintiff DEBBIE A. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-261 CIVIL TERM: KEITH E. MILLER, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I do hereby state that I served a true and correct copy of the Complaint in Divorce, in the above-captioned matter, by placing the same in the United States mail, first-class, postage prepaid, certified mail, return receipt requested, in Harrisburg, Pennsylvania, and delivered on January 13, 2010, as per the attached return receipt card, addressed to: Keith E. Miller 5321 Spangler Lane Hellam, PA 17406 ~L.~ P meta L. Purdy `~ Attorney for Plaintiff Date: j ZV ~~ p ~ ~ Law Office of Pamela L. Purdy ~ o 308 ,~!. 2nd St., Ste. 200 PO Box 11544 LL Harrisburg PA 17108-1544 a • A. SigtlBtUfe: (~ Atldressee or^ gent) ~( ~- 7155 5474 430fl 8536 5576 B. Received By: (Please Print Cleart ~K oA (~g~ RETURN RECEIPT REQUE>TED C. Date of Dellvsry An;ct<r Addressed To: w z_ ', ;.SAN 3 2!110= D. 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