HomeMy WebLinkAbout10-3616F11.E-{I- rjE
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JESSICA M. MILLER, IN THE COURT OF COMMON PLIGAME= ?`-'w`=:?' v ',:a:1UNTY
Plaintiff CUMBERLAND COUNTY, PENNSYL NMLVM41A
V. NO. lO - 3101 lP b%it l Te.rr,.
BRENT T. MILLER, CIVIL ACTION -LAW
Defendant IN DIVORCE & CHILD CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN sued in Court. If you wish to defend against the
claims set forth in the following pages, you must take prompt action. You are warned
that if you fail to do so, the case may proceed without you and a Decree in Divorce or
annulment may be entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers by the Plaintiff. You
may lose money or property or other rights important to you, including custody or
visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE
MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
440.50 PO Krr/
#a389?1 1Ito
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea
defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe
tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes
a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de
tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo
por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o
remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin
mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes
para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A
LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION
A CERCA DE COMO CONSEGUIER UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN
ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER
INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN
CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
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JESSICA M. MILLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.
BRENT T. MILLER, CIVIL ACTION -LAW
Defendant IN DIVORCE & CHILD CUSTODY
COMPLAINT IN DIVORCE
1. The Plaintiff is Jessica M. Miller, an adult individual currently residing
at 507 East Elmwood Avenue, Apt. 4, Mechanicsburg, Cumberland County,
Pennsylvania. 17055.
2. The Defendant is Brent T. Miller, an adult individual with a physical
address of c/o Augusta Aerospace Corporation, 3050 Red Lion Road, Philadelphia,
Philadelphia County, Pennsylvania. 19114.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 26, 2006 in Colorado
Springs, Colorado.
5. There have been no prior actions of divorce or annulment between the
parties in this or any other jurisdiction.
6. This action is not collusive.
7. Plaintiff and Defendant separated on or about May 27, 2009.
8. The causes of action and sections of the Divorce Code under which
Plaintiff is proceeding are:
A. Section 3301(c) - The marriage of the parties is irretrievably
broken.
B. Section 3301(d) -The marriage of the parties is irretrievably
broken. The parties separated on or about May 27, 2009.
9. Plaintiff has been advised of the availability of marriage counseling
and understands that she may request that her spouse and she participate in counseling.
10. Plaintiff does not request that the Court require that her spouse and
she participate in counseling prior to a divorce decree being handed down by this Court.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter
a final decree in divorce.
COUNT U
CHILD CUSTODY
11. Paragraphs one through ten are incorporated herein by reference.
12. The subject child is Adalyn E. Miller, born January 25, 2007.
13. The relationship of the Plaintiff to the subject minor child is that of
natural mother.
14. The relationship of the Defendant to the subject minor child is that of
natural father.
15. The minor child has resided at the following addresses, in the custody
of the following individuals:
a. From on or about June 2009 to present, the subject minor child
resides with Plaintiff at 507 East Elmwood Avenue, Mechanicsburg,
Cumberland County, Pennsylvania.
b. From October 2008 to on or about June 2009, the subject minor
child resided at 702 Durham Place, Bensalem, Bucks County,
Pennsylvania in the care and custody of Plaintiff and Defendant.
c. From October 2007 to October 2008, the subject minor child
resided at 503 East Elmwood Avenue, Mechanicsburg, Cumberland
County, Pennsylvania in the care and custody of Plaintiff and Defendant.
d. From July 2007 to October 2007, the subject minor child
resided at 119 Wyncote Court, Mechanicsburg, Cumberland County,
Pennsylvania in the care and custody of Plaintiff, Defendant, and maternal
grandmother.
e. From Birth to July 2007, the subject minor child resided at 312
West Alabama Avenue, Fountain, Colorado in the care and custody of
Plaintiff and Defendant.
16. There have been no prior actions for custody of the subject minor
child in this or any other jurisdiction.
17. The Plaintiff is not aware of the existence of any other individuals
who have any type of claim whatsoever regarding the custody of the subject minor child.
18. The Plaintiff believes and therefore avers that it is in the child's best
interest that she be granted primary physical custody of the subject minor child with
liberal rights of partial custody granted unto Defendant.
WHEREFORE, Plaintiff requests this Honorable Court award her primary
physical custody of the subject minor child with liberal rights of partial custody unto
Defendant.
Date: "lz? Jo Respectfully submitted,
THE LAW OFFICES OF
SILLIKER &R d I0LR-
Mark T/Tilliker, Esquire
5922 Linglestown Road
Harrisburg, PA 17112
(717) 671-1500
I.D. No. 33671
Attorney for Plaintiff
AFFIDAVIT
1, J Z SS I (, 0 ti? Kk f Y , hereby certify that the aforegoing is true and
correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to
unsworn falsifications to authorities.
Dated: ?T1(??? Z 2 61 b 1. 1 i )h
JESSICA M. MILLER, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 2010-3616 CIVIL ACTION LA ~ p '~
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BRENT T. MILLER '''
Defendant : IN DIVORCE & CUSTODY ~`°~ ~~~ rte--
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I, Brent T. Miller, Defendant in the above-captioned matter, hereby certify
that I received a Complaint in Divorce with a count for child custody, as well as an Order
scheduling a Custody Conciliation Conference for July 2, 2010 at 11:30 a.m. in the
above-captioned matter on ~5~v~
2010 by first-class mail, postage
prepaid, at the following address:
Brent T. Miller
c/o August Aerospace Corporation
3050 Red Lion Road
Philadelphia, PA 19114
I hereby certify that the aforegoing is true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to
authorities.
Date: ! ~~'- d1~
Brent T. Miller
s
JESSICA M. MILLER,
Plaintiff
v.
BRENT T. MILLER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-3616 Civil Action -Law ~ ~.,J
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CUSTODY STIPULATION
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The parties herein, Jessica M. Miller (hereinafter referred to as "Mother") and
Brent T. Miller (hereinafter referred to as "Father") hereby agree to the following terms and
conditions with regards to the best interests of the subject minor child, Adalyn E. Miller, born
January 25, 2007 as follows:
1. It is the intention of the parties and the parties agree that they will have shared
legal custody of the subject minor child. The parties agree that major decisions concerning their
child, including, but not necessarily limited to, the child's health, welfare, education, religious
training and upbringing shall be made by them jointly, after discussion and consultation with
each other, with a view toward obtaining and following a harmonious policy in the child's best
interest. Each party agrees not to impair the other party's rights to shared legal custody of the
child. Each parry agrees not to attempt to alienate the affections of the child from the other
parry. Each party shall notify the other of any activity or circumstance concerning their child
that could reasonably be expected to be of concern to the other. The parties shall communicate
with each other to coordinate appropriate disciplinary techniques for the child. Day to day
decisions shall be the responsibility of the parent then having physical custody. With regard to
any emergency decisions which must be made, the parent having physical custody of the child at
the time of the emergency shall be permitted to make any immediate decisions necessitated
thereby. However, that parent shall inform the other of the emergency and consult with him or
her as soon as possible. The parties agree to immediately inform the other of any medical
emergency or medical treatment that the child receives. Each party shall be entitled to complete
and full information from any doctor, dentist, teacher, professional or authority and to have
copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5309.
2. Mother shall have primary physical custody of the subject minor child.
3. Father shall be entitled to partial periods of physical custody consisting of
every other weekend. Father's first weekend of partial custody shall be from Friday, June 18,
2010 at 6:00 p.m. until Sunday, June 20, 2010 at 6:00 p.m., and the weekends shall alternate in
this manner thereafter.
4. It is acknowledged between the parties that Father is moving to Coatesville,
Chester County, Pennsylvania in July 2010. Therefore, the parties shall agree upon a mutually
convenient halfway point which shall serve as the pick-up and drop-off location for all custodial
transfers.
5. The parties shall share all holidays in as equal a manner as possible with the
exact details to be agreed upon between them. Specifically, the custodial exchange shall be
made at 3:00 p.m. on the day of the holiday.
6. The parties shall share the subject child's birthday every year with the
custodial exchange being made at 3:00 p.m.
7. It is agreed between the parties that Mother shall be entitled to claim the
subject minor child on her tax return every year.
8. During any period of custody or visitation, the parties to this Order shall not
possess or use controlled substances or consume alcoholic beverages to the point of intoxication.
The parties shall likewise assure, to the extent possible, that other household members andlor
houseguests comply with this prohibition.
9. Neither party shall smoke cigazettes or tobacco products nor allow others to
smoke in the presence of the child.
10. Each party shall be entitled to reasonable telephone or email contact with the
child when she is in the custody of the other party. The parties shall provide to one another an
emergency contact phone number, email address or contact person.
11. It is agreed between the parties that this Custody Stipulation shall be filed
with the Cumberland County Court of Common Pleas and adopted as an Order of the Court.
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itne Date Brent .Miller Date
JESSICA M. MILLER
Plaintiff
vs.
BRENT T. MILLER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2010-3616 CIVIL ACTION LAW
Defendant IN CUSTODY ,,,,,
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AND NOW, this 1St day of July, 2010 ,the conciliator, being advised by counsel that all
custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction.
The custody conciliation conference scheduled for July 2, 2010 is cancelled.
FOR THE COURT,
Dawn S. Sunday, Esquire
Custody Conciliator
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JESSICA M. MILLER,
Plaintiff
v.
JUL 0 0 2010
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-3616 Civil Action -Law
films - O~~'i~
BRENT T. MILLER, o~ .~, ~r~~o n~
Defendant :CUSTODY Q,p to ~~ ~ q o
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ORDER OF COURT P•e~v~.e~.c~, u
AND NOW this ~_ day of ~ v , 2010, in
consideration of the aforegoing Custody Stipulation, IT IS HEREBY ORDERED AND
DECREED as follows:
1. It is the intention of the parties and the parties agree that they will have shared
legal custody of the subject minor child, Adalyn E. Miller, born January 25, 2007. The parties
agree that major decisions concerning their child, including, but not necessarily limited to, the
child's health, welfare, education, religious training and upbringing shall be made by them
jointly, after discussion and consultation with each other, with a view toward obtaining and
following a harmonious policy in the child's best interest. Each party agrees not to impair the
other party's rights to shared legal custody of the child. Each party agrees not to attempt to
alienate the affections of the child from the other party. Each party shall notify the other of any
activity or circumstance concerning their child that could reasonably be expected to be of
concern to the other. The parties shall communicate with each other to coordinate appropriate
disciplinary techniques for the child. Day to day decisions shall be the responsibility of the
pazent then having physical custody. With regazd to any emergency decisions which must be
made, the parent having physical custody of the child at the time of the emergency shall be
permitted to make any immediate decisions necessitated thereby. However, that parent shall
inform the other of the emergency and consult with him or her as soon as possible. The parties
agree to immediately inform the other of any medical emergency or medical treatment that the
child receives. Each party shall be entitled to complete and full information from any doctor,
dentist, teacher, professional or authority and to have copies of any reports given to either party
as a parent pursuant to 23 Pa.C.S. 5309.
2. Mother shall have primary physical custody of the subject minor child.
3. Father shall be entitled to partial periods of physical custody consisting of
every other weekend. Father's first weekend of partial custody shall be from Friday, June 18,
2010 at 6:00 p.m. until Sunday, June 20, 2010 at 6:00 p.m., and the weekends shall alternate in
this manner thereafter.
4. It is acknowledged between the parties that Father is moving to Coatesville,
Chester County, Pennsylvania in July 2010. Therefore, the parties shall agree upon a mutually
convenient halfway point which shall serve as the pick-up and drop-off location for all custodial
transfers.
5. The parties shall share all holidays in as equal a manner as possible with the
exact details to be agreed upon between them. Specifically, the custodial exchange shall be
made at 3:00 p.m. on the day of the holiday.
6. The parties shall share the subject child's birthday every year with the
custodial exchange being made at 3:00 p.m.
7. It is agreed between the parties that Mother shall be entitled to claim the
subject minor child on her tax return every year.
8. During any period of custody or visitation, the parties to this Order shall not
possess or use controlled substances or consume alcoholic beverages to the point of intoxication.
The parties shall likewise assure, to the extent possible, that other household members and/or
houseguests comply with this prohibition.
9. Neither party shall smoke cigarettes or tobacco products nor allow others to
smoke in the presence of the child.
10. Each party shall be entitled to reasonable telephone or email contact with the
child when she is in the custody of the other party. The parties shall provide to one another an
emergency contact phone number, email address or contact person.
BY THE COURT:
Distribution:
/ Mi~rrk T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112
./l~rent T. Miller, c/o Janet Sanko, 2436 North 2nd Street, Harrisburg, PA 17110
Dawn S. Sunday, };squire, 39 West Main Street, Mechanicsburg, PA 17055
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JESSICA M. MILLER,
Plaintiff
V.
BRENT T. MILLER,
Defendant
IN THE COURT OF COMMON PLEAS
P46 ? COUNTY, PENNSYLVANIA
. Gct,?nP?RU?wD
NO. 2010-3616 Civil Action Cl)
CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
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1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on June 2, 2010.
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2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unworn falsifications to authorities.
Date: ilLlo 11o
Jessic . Mi er
JESSICA M. MILLER, IN THE COURT OF COMMON PLEAS
Plaintiff B M COUNTY, PENNSYLVANIA
Ctti1M8?Nf? c? ? Q
V. NO. 2010-3616 Civil Action
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BRENT T. MILLER, CIVIL ACTION -LAW Cnrr, I mcj
Defendant IN DIVORCE -<> -- °?
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WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the Decree will be sent to me immediately after it
is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unworn falsification to authorities.
Date: I I D 11)b // k,& 11,
Jessic . Miller
JESSICA M. MILLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. c`s
NO. 2010-3616 CIVIL TERM X N
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BRENT T. MILLER, CIVIL ACTION -LAW == -0m
Defendant IN DIVORCE ,
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AFFIDAVIT OF CONSENT 5c: N 5
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1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on June 2, 2010.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unsworn falsifications to authorities.
Date: J
1 Miller
JESSICA M. MILLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYL?6I ?
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V. NO. 2010-3616 CIVIL TERM
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BRENT T. MILLER, CIVIL ACTION -LAW -<3>
Defendant IN DIVORCE .cco ?,
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WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the Decree will be sent to me immediately after it
is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: LT
rent T. Miller
FILEO-CFFICE
F THE FROTHIONOTAny
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GE SETTLEQE T AGREEMENT
By and between
Jessica M. Miller
-AND-
Brent T. Miller
Dated: ?'? b , 2010
INDEX
PAGE
1. Divorce and Separation ................................................................ 4
2. Division of Property ..................................................................... 4
3. College Education ........................................................................ 5
4. Income Tax Prior Returns ............................................................ 6
5. Execution of Additional Documents ............................................ 6
6. Transfers Subject to Liens ............................................................ 6
7. Complete Listing of Property ....................................................... 7
8. Equitable Distribution of Property ............................................... 7
9. Relinquishment of Ownership ...................................................... 7
10. After-Acquired Property ............................................................... 7
11. Debts ............................................................................................. 8
12. Bankruptcy .................................................................................... 10
13. Health Insurance ........................................................................... 10
14. Alimony ..............................:......................................................... 10
15. Full Disclosure .............................................................................. 10
16. Releases ........................................................................................ 11
17. Waiver of Beneficiary Designation .............................................. 11
18. Indemnification ............................................................................. 11
19. General Provisions ........................................................................ 12
20. Fair and Equitable Contents ......................................................... 13
21. Breach ........................................................................................... 13
22. Independent Separate Covenants .................................................. 13
23. Void Clauses ................................................................................. 13
24. Execution of Documents .............................................................. 14
25. Applicable Law ............................................................................. 14
26. Non-Merger .................................................................................. 14
27. Date of Execution ......................................................................... 14
28. Disclosure and Waiver of Procedural Rights ............................... 14
29. Tax Advice ................................................................................... 16
30. Legal Fees .................................................................................... 16
31. Representation of Parties .............................................................. 16
Signature Page .............................................................................. 17
Acknowledgement Page ............................................................... 17
2
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this I at day of A , 2010, by
and between Jessica M. Miller -AND- Brent T. Miller, at Harrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married
on May 26, 2006, at Colorado Springs, Colorado.
WHEREAS, diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Husband and Wife to live
separate and apart for the rest of their natural lives, and the parties desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters between them
relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling
of any and all claims and possible claims by one against the other or against their
respective estates. The parties separated on or about May 27, 2009.
NOW, THEREFORE, in consideration of the aforegoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of the
parties, Wife and Husband, each intending to be legally bound hereby, covenant and
agree as follows:
3
1. Divorce and Separation. The parties agree to the entry of a
decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and
Wife shall at all times hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they shall respectively deem fit,
free from any control, restraint, or interference whatsoever by the other. Neither parry
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the
cause leading to their living apart. A reconciliation will not void the provisions of this
Agreement.
2. Division of Property. Husband and Wife agree that the following
constitutes an equitable distribution of the marital property:
A. The following shall become the sole and exclusive property of
Husband:
1. Husband shall retain any pension plans and/or retirement
plans and/or employee stocks or savings plans, and/or 401 K plans
and/or any and all other employment benefits, which he has
accumulated during the course of his past or present employment.
2. Husband shall retain the parties' joint bank account with
PSECU and Wife shall make no claim thereto. Likewise, Husband
shall retain any and all checking and savings accounts in his name
alone.
4
B. The following shall become the sole and exclusive property of Wife:
1. Wife shall retain any pension plans and/or retirement plans
and/or employee stocks or savings plans, and/or 401K plans and/or
any and all other employment benefits, which she has accumulated
during the course of her past or present employment.
2. Wife shall retain any and all checking and savings accounts
in her name alone.
C. All personal property in the possession of each parry as of the date of
execution of this Agreement shall remain the sole and separate property of each party
respectively.
D. The parties acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and other sources of income and
based thereon they mutually agree that the property listed above constitutes the entire
marital property.
3. College Education. Husband and Wife acknowledge their mutual
desire and intent that their minor child attends college on a full-time basis following
graduation from high school. The parties hereto further covenant and agree that each
shall equally contribute to the college tuition and expenses of the child in the event she
becomes a full-time student following graduation from high school. Specifically, each
party shall pay one-half of college tuition and expenses after grants, scholarships, loans
and monies earned by the child for her college education are deducted.
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4. Income Tax Prior Returns. The parties have heretofore filed
joint federal and state tax returns. Both parties agree that in the event any deficiency in
federal, state or local income tax is proposed, or any assessment of any such tax is made
against either of them, the responsible party will indemnify and hold harmless the other
from and against any loss or liability for any such tax deficiency or assessment and any
interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty
or expense shall be paid solely and entirely by the individual who is finally determined to
be the cause of the misrepresentations or failures to disclose the nature and extent of his
or her separate income on the aforesaid joint returns. In the event that any additional
taxes, penalties or interest are assessed as a result of a mathematical error or some other
reason not related to a party's under-reporting of income or claiming any improper
deduction, such additional liability shall be divided equally between the parties.
5. Execution of Additional Documents. The parties agree to each
sign Affidavits of Consent upon the expiration of ninety (90) days following the filing
and service of the Divorce Complaint. The parties agree to execute any deeds,
assignments, titles or other instruments necessary and appropriate to accomplish the
aforesaid division of property.
6. Transfers Subject to Liens. Notwithstanding any other
provisions in this document all property transferred hereunder is subject to the existing
lien or liens set forth above. The respective transferee of such property agrees to
indemnify and save harmless the other party from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or encumbrance.
6
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7. Complete Listing of Property. The parties represent and warrant
to each other that the property described in this Agreement represents all of the property
in which they have any right, title and interest, and that such property is subject to no
mortgage, pledge, lien, security interest, encumbrance or charge except those which are
disclosed herein.
8. Equitable Distribution of Property. By this Agreement, the
parties have intended to effect an equitable distribution of their jointly owned property.
The parties have determined that an equitable division of such property conforms to a just
and right standard, with due regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in any way a sale or exchange
of assets, and the division is being effectuated without the introduction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the
parties to treat all transfers of property herein as non-taxable.
9. Relinquishment of Ownership. Except as provided herein,
Husband forever relinquishes any right or interest he may now or hereafter have in any
assets now belonging to Wife, and Wife forever relinquishes any right or interest she may
now or hereafter have in any assets now belonging to Husband.
10. After-Acguired Property. Each of the parties shall hereafter own
and enjoy independently of any claim or right of the other, all items of property, be they
real, personal or mixed, tangible or intangible, which are hereafter acquired by him or
her, with full power in him or her to dispose of the same as fully and effectively, in all
respects and for all purposes as though he or she were unmarried.
7
11. Debts.
A. It is acknowledged between the parties that Husband and Wife have
incurred debts which are solely in their respective names. Likewise, the parties
acknowledge and agree that they do not have any joint debts from the marriage. In
furtherance thereto, Husband and Wife agree to be responsible for their individual debts
as follows:
Wife shall be responsible for her Victoria's Secret credit card, Kohl's
credit card, Capital One credit card, Washington Mutual/Chase credit card, Best Buy
credit card, and American Eagle credit card. Likewise, Wife shall be responsible for any
and all other debts which may not be listed herein, but are solely in her name. Husband
shall be responsible for his PSECU credit card and First Command loan. Likewise,
Husband shall be responsible for any and all other debts which may not be listed herein,
but are solely in his name.
Husband covenants and agrees that if any claim, action or proceeding is
hereinafter initiated seeking to hold Wife for any of the debt set forth herein above,
Husband will at his sole expense, defend Wife against any such claim or demand,
whether or not well-founded, and that he will indemnify and hold harmless Wife in
respect of all damages as resulting therefrom. Damages as used herein shall include any
claim, action, demand, loss, cost, expense, penalty, and other damage, including without
limitation, counsel fees and other costs and expenses reasonably incurred in investigating
or attempting to avoid same or in opposing the imposition thereof or enforcing this
indemnity, resulting to Wife.
8
Wife covenants and agrees that if any claim, action or proceeding is
hereinafter initiated seeking to hold Husband for any of the debt set forth herein above,
Wife will at her sole expense, defend Husband against any such claim or demand,
whether or not well-founded, and that she will indemnify and hold harmless Husband in
respect of all damages as resulting therefrom. Damages as used herein shall include any
claim, action, demand, loss, cost, expense, penalty, and other damage, including without
limitation, counsel fees and other costs and expenses reasonably incurred in investigating
or attempting to avoid same or in opposing the imposition thereof or enforcing this
indemnity, resulting to Husband.
B. All debts, contracts, obligations or liabilities incurred at any time in the
past or future by either party will be paid promptly by said party, unless and except as
otherwise specifically set forth in this Agreement; and each of the parties hereto further
promises, covenants and agrees that each will now and at all times hereafter save
harmless and keep the other or his or her estate indemnified and save harmless from all
debts or liabilities incurred by him or her, as the case may be, and from all actions, claims
and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party
shall, as of the date of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall indemnify and save
harmless the other from any and all claims or demands made against him or her by reason
of debts or obligations incurred by him or her and from all expenses, legal costs, and
counsel fees unless provided to the contrary herein.
9
12. Bankruptcy or Reorsanization Proceedings. The parties hereby
agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and
expressly agree to reaffirm any and all obligations contained herein. In the event a party
files such bankruptcy and pursuant thereto obtains a discharge of any obligations
assumed hereunder, the other party shall have the right to terminate this Agreement in
which event the division of the parties' marital assets and all other rights determined by
this Agreement shall be subject to court determination the same as if this Agreement had
never been entered into.
13. Health Insurance. The parties shall each be responsible for their
own health insurance through their respective employment.
14. Alimony. The parties mutually agree to forego or waive any right
to alimony, alimony pendente lite, and spousal support.
15. Full Disclosure. Each party hereto confirms that he or she has
relied on the completeness and substantial accuracy of financial disclosures of the other
as an inducement to enter into this Agreement. The parties acknowledge that there has
been no formal discovery conducted in their pending divorce action and that neither has
filed an Inventory and Appraisement as required by §3505(b) of the Pennsylvania
Divorce Code. The rights of either party to pursue a claim for equitable distribution of
any interest owned by the other party in an asset prior to the date of execution hereof
which interest was not disclosed or known by the other party or his or her counsel prior to
the execution of this Agreement is expressly reserved.
10
'! "
16. Releases. Each party does hereby remise, release, quitclaim and
forever discharge the other and the estate of the other from any and every claim that each
other may now have, or hereafter have or can have at any time, against the other, or in
and to or against the other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities of the other, or by way of dower or claim in the
nature of dower, widow's rights, or under the intestate laws, or the right to take against
each other's will, or for support or maintenance, or of any other nature whatsoever,
except any rights accruing under this Agreement or as otherwise stated in this Agreement.
17. Waiver of Beneficiary Desienation. 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 like 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.
18. Indemnification. Each party represents and warrants to the other
that he or she has not incurred any debt, obligation, or other liability, other than described
I1
in this Agreement, on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold
the other party liable for any other debts, obligations, liability, act or omission of such
party, such party will at his or her sole expense, defend the other against any such claim
or demand, whether or not well-founded, and that he or she will indemnify and hold
harmless the other party in respect of all damages as resulting therefrom. Damages as
used herein shall include any claim, action, demand, loss, cost, expense, penalty, and
other damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any
inaccurate representation made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of the warranties made by Husband or Wife to the other in
this Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened or instituted against
either party which might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
19. General Provisions. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior agreements and negotiations
between them. There are no representations or warranties other than those expressly set
forth herein.
12
20. Fair and Equitable Contents. The provisions of this Agreement
and their legal effect have been fully explained to the parties by their respective counsel.
Each parry acknowledges that he or she has received independent legal advice from
counsel of his or her selection and that each fully understands the facts and has been fully
informed as to his or her legal rights and obligations. Each party acknowledges and
accepts that this Agreement is, under the circumstances, fair and equitable, and that it is
being entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
21. Breach. It is expressly stipulated that if either party fails in the
due performance of any of his or her material obligations under this Agreement, the other
party shall have the right, at his or her election, to sue for damages for breach thereof, to
sue for specific performance, or to seek any other legal remedies as may be available, and
the defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
22. Independent Sepante Covenants. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed
to be a separate and independent Agreement.
23. Void Clauses. If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
13
only that term, condition, clause or provision shall be stricken from this Agreement and
in all other respects this Agreement shall be valid and continue in full force, effect and
operation.
24. Execution of Documents. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out the provisions of
this Agreement.
25. Applicable Law. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
26. Non-Merger. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shall survive such decree and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
enforcement only into any Decree in Divorce which may be entered with respect to the
parties, but shall not be deemed to have been merged with such Decree.
27. Date of Execution. The "date of execution" or "execution date"
of this Agreement shall be defined as the date upon which it is executed by the parties if
they have each executed the Agreement on the same date. Otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
28. Disclosure and Waiver of Procedural Rights. Each party
understands that he or she has the right to obtain from the other party a complete
Inventory or list of all property that either or both parties own at this time or owned as of
14
1-0?dm
the date of separation, and that each party has the right to have all such property valued
by means of appraisals or otherwise. Both parties understand that they have the right to
have court held hearings and make decisions on the matters covered by this Agreement.
Both parties understand that a court decision concerning the parties' respective rights and
obligations might be different from the provisions of this Agreement.
Each party acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue influence exercised by either
party upon the other or by any other person or persons upon either party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital
and non-marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an Income and Expense Statement of the other
party as provided by the Pennsylvania Divorce Code.
C. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of
Civil Procedure.
e. The right to have the Court determine which property is marital
and which is non-marital, and equitably distribute between the parties that
property which the Court determines to be marital, and to set aside to a
party that property which the Court determines to be that party's non-
marital property.
15
1101r)n
f. The right to have the Court decide any other rights, remedies,
privileges, or obligations covered by this Agreement and/or arising out of
the marital relationship, including but not limited to possible claims for
divorce, child or spousal support, alimony, alimony pendente lite,
equitable distribution, custody, visitation, and counsel fees, costs and
expenses.
29. Tax Advice. Both parties hereto hereby acknowledge and agree
that they have had the opportunity to retain their own accountants, certified public
accountants, tax advisor, or tax attorney with reference to the tax implications of this
Agreement. Further, neither party has been given any tax advice by their respective
attorneys. Further, both parties hereby acknowledge that they have been advised, by their
respective attorneys, to seek their own independent tax advice by retaining an accountant,
certified public accountant, tax attorney, or tax advisor, with reference to the tax
implications involved in this Agreement. Further, the parties acknowledge and agree that
their signatures to this Agreement serve as their acknowledgement that they have read
this particular paragraph and have had the opportunity to seek independent tax advice.
30. Legal Fees. Husband and Wife hereby agree to be solely
responsible for his or her respective legal fees, costs, and expenses.
31. Representation of Parties. The parties have mutually worked out
the terms of this Marriage Settlement Agreement. Wife has been assisted by Mark T.
Silliker, Esquire. Husband has been advised of his right to retain independent legal
counsel to represent him in this matter. Likewise, Husband has been specifically advised
16
oc-"' /Im
as to the desirability of obtaining independent legal counsel to represent him in this
matter. However, being so advised that he is entitled to independent legal counsel,
Husband hereby knowingly and otherwise voluntarily waives his right to obtain
independent legal counsel to represent him in this matter.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
trj
Witness
filk A& 1114
Je i a iller
Witness
ff- - lf? ///I
Brent T. Miller
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
On this fQday of f t??, 2010, before me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came Jessica M. Miller, known
to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement
Agreement.
MAIbA
Jes ca 'Miller
Witness my hand and Notarial seal, the day and year aforesaid.
otary Public
My Commission Expires:
COMMONWEALTH F PENWfLVA
NOTARIAL SEAL
1 Renee Dreisbach, Notary Pupik
Lower Paxton Up., Dan C our*
Commission Expires
.30,2010
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
On this ltday of , 2010, before me Subscriber, a
Notary Public, for the Commonweal of Pennsylvania, came Brent T. Miller, known to
me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement
Agreement.
evld
Brent T. Miller
Witness my hand and Notarial seal, the day and year aforesaid.
Notary Public
My Commission Expires:
COMMO L P
NIA
NOTARIAL 'E L
Mobbed, Pt>b11Mobbed, Notary
I-ZLOGREM&WOR Paxton Twp. Dau?p Coulft
Ire$ NOx 30 20j0
18
JESSICA M. MILLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2010-3616 CIVIL TERM
C: -,..
BRENT T. MILLER, CIVIL ACTION -LAW rna) cz =-rr
Defendant IN DIVORCE Z X r?-3 -'r=-
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PRAECIPE TO TRANSAHT RECORD o _0
To the Prothonotary: ? c
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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) 3301 d of the Divorce Code. (Check applicable section.)
2. Date and manner of service of the Complaint: June 15, 2010 via
first-class mail, postage prepaid.
3. Complete either (a) or (b).
(a) Date of execution of the Affidavit of Consent required by
Section 3301(c) of the Divorce Code: November 10, 2010 by Plaintiff, November 15,
2010 by Defendant.
(b) (1) Date of execution of the Plaintiffs Affidavit required by
Section 3301(d) of the Divorce Code:
(2) Date of service of the Plaintiff s Affidavit upon the
Defendant:
4. Related claims pending: The Marriage Settlement Agreement
between the parties shall be incorporated but shall not merge with the final Decree in
Divorce.
5. Complete either (a) or (b).
(a) Date and manner of service of Notice of Intention to File
Praecipe to Transmit Record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was
filed with the Prothonotary: December 1, 2010
Date Defendant's Waiver of Notice in §3301(c) Divorce was
filed with the Prothonotary: December 1, 2010
Afforney for Plainti
JESSICA M. MILLER IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRENT T. MILLER
No. 2010-3616 CIVIL ACTION
DIVORCE DECREE
AND NOW, >r. 14 , 2 a IQ, it is ordered and decreed that
JESSICA M. MILLER plaintiff, and
BRENT T. 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.")
The Marriage Settlement Agreement between the parties shall be incorporated
but shall not merge with the final Decree in Divorce.
' ' Prothonotary,
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