Loading...
HomeMy WebLinkAbout01-7122MARTIN H. MILLER, Plaintiff V. CAROLEE MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTIN H. MILLER, Plaintiff V. CAROLEE MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- IN DIVORCE COMPLAINT Plaintiff is Martin H. Miller, who currently resides at 2312 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Carolee Miller, who currently resides 297 Mohawk Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on March 4, 1978 in Newville, Pennsylvania. 5. 6. 7. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. 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. 8. Plaintiff requests the Court to enter a decree of divorce. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Will~ns, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: December IS , 2001 VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false avem~ents, I may be subject to criminal penalties. Martin H. Miller MARTIN H. MILLER, Plaintiff V. CAROLEE MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-T/ZZ- IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Carolee Miller at 297 Mohawk Road, Newville, PA 17241 on December 21,2001 by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Carolee Miller" and dated December 24, 2001 Thomas J. Willifims, Esquire Swom to and subscribed before me this 4~ day of January, 2.00.2,.~ NOTARIAL SEAL I TRICIA D. ECKENROAD, Notary Public I Cajlisle Boro,, C.,,rnberland County ~ MY Qornmi~sig}n allgll'el Qgt. 23. 2004 ; 7oot~ 11~7o/'y~l ~7c1~ Ps Form 3811, Ju~/1999 rlA~r~ ~ addm~ dllfe~lt flora item 17 If YES, ~ d~ ~ ~: ~ , r to a( ressee 3. Sen/ice Type .! l~'Ce~ffied Mall 0 Exprees Mail i, 0 Regt~emd O Return Recaipt for IV!emhandlae O Insured Mall r"l C.O.D. · ~ 4. Restr~te~ De~,~y/~.~a Fee) I~Y~ · ' 102595-00:M-0952 Postage $ Certified Fee (End0mament Required) (Endorsement Required) F:\F[LES~DATAFILE\Gendoc cur\ 10514-1 em-. l/aj! Created: 12]10/02 09:32:59 AM Reused: 12/10/02 09:41 49 AM 10514 I MARTIN H. MILLER, Plaintiff V. CAROLEE MILLER, Defendant IN THE COUR'r OF COMMON PLEAS OF CUMBERLANTD COUNTY, PENNSYLVANIA NO. 01-7122 IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Martin H. Miller, Plaintiff, certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, a copy of the notice of intent, including the proposed subpoena, is attached to this (2) certificate, (3) (4) counsel for the Defendant has waived the twenty day notice, and the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MARTSON DEAP, DORFF WILLIAMS & OTTO iT. hi~5/~s Jun~beWrillli75~2 Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: December 10, 2002 MARTIN H. MILLER, Plaintiff CAROLEE MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7122 IN DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Willi'arfis, Esquire I.D. Number 1'7512 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: December 4, 2002 MARTIN H. MILLER V, CAROLEE MILLER (~TH OF pI~ll~'YLVANIA O00NTYOF~ : File No. 01-7122 : : TO: SUBPOENA TO PROOUCE DOCUt~NTS OR THINGS FOR DIS(X)VERY PURSUANT TO RULE 4009.22 Orrstown Bank, 22 South Hanover Street, Carlisle, PA 17013 (Name of Person o~ Entity) Within twenty (20) days afte~ service of this subpc~r~, yo~ a~eo~de~edby the cou~t to p~ce ~e fol]~ ~ts ~ th~ngs: ~y and all records pertaining to the account of Carolee Miller, 2312 Walnut Bottom Road, Carlisle, PA 170-3; S.S. Account No. lObOOlZ49, including sL~Lum=,L~, ~ .............. , trancfers i~gued t~ ~h~ ac. co,mt from 6/1/01 to 12/31/01. at ~RTSON DEA~ORFF WILLIES & OTTO, Ten East High Street, Carlisle, PA 17013 (Add~ess) You my deliver o~mail legible copies of the doctm~nts or produce things requested by this sub~. togethe~ with the certificate of cu.01iance, to the pa~ty making this request at the ack, ess listed above. You have the right to seek in advance the reasonable cost of p~eparing the copies o~ producing the things sought. If you fail to produce the doctments or things required by this subpoen~ within twenty (20) days after its service, the pa~ty serving this subpom-~amay seek a court o~der cu,~ellir;g you to~,wly with it. THIS SU~POENAWAS ISSUE-OAT THE RE(~3ESTOF THE FOtLONINGPERSON: NAPIE:Thomas J. Williams, Esquire Ten East HiEh Street ADDRESS: Carlisle, PA 17013 TELEPHONE: (717) 243-3341 SUPREP~[OOURT ID # 17512 ATTORNEY FOR: Plaintiff BY TI~OOiJRT: DATE: Seal of the Oourt Protl~>ta~y/Cle~k, Oivil Divisio~ Deputy (Elf. 7/97) CERTIFICATE OF SERVICE_ I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jane Adams, Esquire 36 South Pitt Street Carlisle, PA 17013 MARTSON DE,ad>d30RFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 10, 2002 MARTIN H. MILLER, Plaintiff V. CAROLEE MILLER Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO 0i -'~/;~'~ CIVIL ACTION LAW · IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree 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. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa. 17013 (717) 249-3166 MARTIN H. MILLER, Plaintiff V. CAROLEE MILLER Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. OJ- '71 ~,~,, CIVIL ACTION LAW · IN DIVORCE ADDITIONAL CLAIMS OF PLAINTIFF AND NOW COMES, Defendant, Carolee Miller, by and through her attorney, Jane Adams, Esquire, and files the following additional claims under the Divorce Code: COUNT I - DIVORCE 1. The Defendant avers that the grounds on which the action and this claim for divorce are based are: that the Plaintiff has offered such indignities to the person of the Defendant, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 2. This action is not collusive· WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY 3. Defendant incorporates by reference the averments set forth in paragraphs 1- 13 fully as though the same were set forth at length. 4. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 5. Plaintiff is currently living in the marital home. 6. Plaintiff and Defendant have been unable to agree as to an equitable division of said marital property as of the date of the filing of this petition. 7. Defendant is seeking an equitable division of all marital property. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT IV - COUNSEL FEES, COSTS AND EXPENSES 8. Items 1 - 7 are herein incorporated by reference. 9. Defendant is without sufficient funds to retain counsel to represent her in this matter. 10. Without counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 11. Plaintiff enjoys a substantial income and/or has the earning capacity to earn a substantial income and is well able to bear the expense of Defendant's attorney and the expense of this litigation. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of counsel fees, costs, and expenses. Respecffull~ ~'4S(~ 5Esquire 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT VERIFICATION I verify that the statements made in this petition 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 falsification to authorities. Date: Caro~ee Miller,"Dbf~ndant MARTIN H. M/LLER, Plaintiff v. : NO. 01-7122 : : : IN DIVORCE CAROLEE MILLER, Defendant IN THE CO[YRT OF COMMON PLEAS OF~1 CUMBERL.~rD COUNTY, PENNSYLVANIAi AFFIDAVIT OF CONSENT 20,2001. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed on Decemb~ 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days hay elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning ali:mony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .~3301(c) AND § 3301 (d) 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 alhnony, division of property, lawyers fees or expenses/fl do not claim them before a divorce is gran~Ied. 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 and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: lO"lq~03 Martin H. Miller, Plaintiff MARTIN H. MILLER, Plaintiff CAROLEE MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7122 IN DWORCE MARITAL SETTLEMENT AGREEMENT This Agreement, made this ~-/'~ day of 3Joue,-~,~e_v,.~ ,2003, by and between MARTIN H. MILLER, of 2312 Walnut Bottom Road, Peunsylvania, (hereinafter referred to as "Husband") and CAROLEE MILLER of 297 Mohawk Road, Newville, Pennsylvania, (hereinafter referred to as "Wife"). WHEREAS, the parties hereto are Husband and Wife, having been married on March 4, 1978 in Newville, Pennsylvania; and WHEREAS, difficulties have arisen between the parties as a result of which they now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, this Agreement is being made in full and final settlement the above captioned divorce action being filed concurrently with the execution hereof; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read carefully and understand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent o fall property which would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of nonmarital property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. SEPARATION: Husband and Wife shall be free fi.om constraint or control by the other as fully as if he or she were married. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, o fwhatsoever kind or nature, for or because o f any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof; further, the parties acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3. DIVORCE: Both parties agree to conclude a no-fault divorce under Section 3301 (c) of the Pennsylvania Divorce Code filed in the Court of Common Please of Cumberland County, No. 01-7122 and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof. 4. DEBTS: Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. 5. PERSONAL PROPERTY: A. AUTOMOBILES: Each party shall enjoy exclusive possession of the vehicle in their possession. Each party shall be solely responsible for any debts pertaining to his or her said vehicle and shall indemnify, defend and hold the other harmless from any claim with respect thereto. If there are any liens outstanding, the parties shall remove the name of the other from the title as soon as it is available to do so. B. OTHER PERSONAL PROPERTY: Except as stated below, the parties have heretofore divided the property, both real and personal, which they owned either together or separately and such division and apportionment is hereby confirmed. 6. MARITAL RESIDENCE: Concurrent with the execution of this Agreement, Wife will execute a deed transferring all of her right, title and interest of the marital residence located at 2312 Walnut Bottom Road, Cumberland County, Pennsylvania to Husband in a form satisfactory to Husband's mortgage company. The deed shall be held in escrow by Jane Adams, Esquire and tendered to Thomas J. Williams, Esquire upon receipt of the payment referred to in Section 7 hereof. Husband shall be solely responsible for all expenses, taxes insurance, upkeep and any other expense connected with the marital residence, as well as M&T Home Equity Loan on the marital residence. Husband shall indemnify, defend and hold Wife harmless with regard to any claims arising out of the marital residence. Husband agrees to refinance the marital residence as soon as practical thereby removing Wife's name from both the first and second mortgages. 7. CASH: Husband shall pay to Wife the sum of $15,000.00 upon the refinancing of the marital residence or ninety (90) days, whichever first occurs. 8. ENFORCEMENT: If either party defaults in the due performance of any of the terms, conditions and covenants of this Agreement on his or her part to be performed, the non-defanlting party shall have the right to sue for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance heretmder as well as costs for bringing the action or proceeding. If either party challenges the validity of this Agreement and the challenge is not successful, the challenging party shall similarly reimburse the defending party for all expenses and losses incurred in the defense. 9. ALIMONY AND SUPPORT: Except as otherwise provided herein, both parties hereby waive, release and give up any rights which either may have against the other to receive spousal support, alimony, alimony pendente lite, or expenses. From the execution date of this Agreement, it .';hall be the sole responsibility of each party to sustain himself or herself without seeking any economic support from the other. 10. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or acknowledge any such document, then the other party shall have, arid is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 11. CONTRACT INTERPRETATION: For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 12. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has been acquired by him or her after the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all pm'poses, as though he or she were married. 13. ADDRESS AND TELEPHONE NUMBER OF PARTIES: As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address and telephone number, and shall promptly notify the other in writing of any change of address by giving the new residence address and telephone number. 14. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fttlly expressed herein. B. This Agreement may not be amended, modified, altered or revoked except in writing executed by both the parties hereto. C. This Agreement may not be assigned by either party without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enfome anypart of this Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. I. All payments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, if no such designation is made, then to the address as set forth above. J. Titles are for convenience and ease of reference only and are not to be considered part of the Agreement for purposes of interpretation. K. The term of this Agreement shall continue indefinitely fi'om the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. Witness: Martin H. Miller COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTY OF CUMBERLAND ) On this, the/~¥'tg~tay of~t~?M_x~c~, 2003, before me, 'the undersigned officer, personally appeared Martin H. Miller, known to me (or satisfactorily prowm) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL CORRINE L. MYERS, NOTARY PUBLIC CARLISLE BORO, COUNTY OF CUBIBERLAND~ MY COMMISSIOII EXPIRES MAY 27, 2007 COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTY OF CUMBERLAND ) On this, the ,~ day of }/[J~, 2003, before me, the undersigned officer, personally appeared Carolee Miller, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I l)~rcun, t~ set my hand and official seal. tr ~ I Iq,r)TAR IA¥'~J'' MARTIN H. MILLER, Plaintiff CAROLEE MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7122 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed on December 20, 2001. I acknowledge receiving a true and correct copy of the Divorce Complaint, said copy being served upon me by Certified Mail, Restricted Delivery, on December 24, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION 370 REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) 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, lawyers fees or expenses ifI 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 and. waiver 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 falsification to authorities. Carolee Miller, Defendant "~ MARTIN H. M1LLER, Plaintiff CAROLEE MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7122 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed on December 20, 2001. I acknowledge receiving a true and correct copy of tl:te Divorce Complaint, said copy being served upon me by Certified Mail, Restricted Delivery, on December 24, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. ! consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimc,ny, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) 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, lawyers fees or expenses ifI 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 and waiver are true and correct. I understand that false statements herein are made subject to the ]penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: Carolee Miller, Defendant MARLIN H. MILLER, Plaintiff VS. CAROLEE MILLER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 7122 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this /5 ~ ~ day of ~ 2003, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated November 5, 2003, 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, CC: ~homas J. Williams Attorney for Plaintiff ~ane Adams Attorney for Defendant MARTEN H. MILLER, Plaintiff V. CAROLEE MILLER, Defendant EN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7122 IN DIVORCE MARITAL SETTLEMENT AGREEMENT This Agreement, made this ~'-/'~ day of g.to~,e,.x~ve_v,~- ,2003, by and between MARTIN H. MILLER, of 2312 Walnut Bottom Road, Pennsylvania, (hereinafter referred to as "Husband") and CAROLEE MILLER of 297 Mohawk Road, Nexwille, Pennsylvania, (hereinafter referred to as "Wife"). WHEREAS, the parties hereto are Husband and Wife, having been married on March 4, 1978 in Newville, Pennsylvania; and WHEREAS, difficulties have arisen between the parties as a result of which they now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, this Agreement is being made in full and final settlement the above captioned divorce action being filed concurrently with the execution hereof; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that be:tom signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read carefully and understand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of nonmaritai property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof; further, the parties acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3. DIVORCE: Both parties agree to conclude a no-fault divorce under Section 3301 (c) of the Pennsylvania Divorce Code filed in the Court of Common Please of Cumberland County, No. 01-7122 and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The terms of this Agreement shall be incorporated but not merged into any Divome Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof. 4. DEBTS: Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any pumhase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. 5. PERSONAL PROPERTY: A. AUTOMOBILES: Each party shall enjoy exclusive possession of the vehicle in their possession. Each party shall be solely responsible for any debts pertaining to his or her said vehicle and shall indemnify, defend and hold the other harmless from any claim with respect thereto. If there are any liens outstanding, the parties shall remove the name of the other from the title as soon as it is available to do so. B. OTHER PERSONAL PROPERTY: Except as stated below, the parties have heretofore divided the property, both real and personal, which they owned either together or separately and such division and apportionment is hereby confirmed. 6. MARITAL RESIDENCE: Concurrent with the execution of this Agreement, Wife will execute a deed transferring all of her right, title and interest of the marital residence located at 2312 Walnut Bottom Road, Cumberland County, Pennsylvania to Husband in a form satisfactory to Husband's mortgage company. The deed shall be held in escrow by Jane Adams, Esquire and tendered to Thomas J. Williams, Esquire upon receipt of the payment referred to in Section 7 hereof. Husband shall be solely responsible for all expenses, taxes insurance, upkeep and any other expense connected with the marital residence, as well as M&T Home Equity Loan on the marital residence. Husband shall indemnify, defend and hold Wife harmless with regard to any claims arising out of the marital residence. Husband agrees to refinance the marital residence as soon as practical thereby removing Wife's name from both the first and second mortgages. 7. CASH: Husband shall pay to Wife the sum of $15,000.00 upon the refinancing of the marital residence or ninety (90) days, whichever first occurs. 8. ENFORCEMENT: If either party defaults in the due performance of any of the terms, conditions and covenants of this Agreement on his or her part to be performed, the non-defaulting party shall have the fight to sue for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding. If either party challenges the validity of this Agreement and the challenge is not successful, the challenging party shall similarly reimburse the defending party for all expenses and losses incurred in the defense. 9. ALIMONY AND SUPPORT: Except as otherwise provided herein, both parties hereby waive, release and give up any rights which either may have against the other to receive spousal support, alimony, alimony pendente lite, or expenses. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any economic support from the other. 10. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 11. CONTRACT INTERPRETATION: For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 12. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or fight of the other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has been acquired by him or her after the date of 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. 13. ADDRESS AND TELEPHONE NUMBER OF PARTIES: As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address and telephone number, and shall promptly notify the other in writing of any change of address by giving the new residence address and telephone number. 14. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. B. This Agreement may not be amended, modified, altered or revoked except in writing executed by both the parties hereto. C. This Agreement may not be assigned by either party without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instnunent. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enforce any part of this Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. I. Allpayments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, if no such designation is made, then to the address as set forth above. J. Titles are for convenience and ease of reference only and are not to be considered part of the Agreement for purposes of interpretation. K. The term of this Agreement shall continue indefinitely from the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. Witness: Martin H. Miller Caro~'Ye~M~er COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTY OF CUMBERLAND ) On this, the/qt~tay of ~UF*'-{x~',~, 2003, before me, the undersigned officer, personally appeared Martin H. Miller, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. CORRINE L. MYERS, NOTARY PUBLIC CARLISLE BORO, COUNTY OF CUMBERLAND! MY COMMISSION EXPIRES MAY 27, 2007 COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTY OF CUMBERLAND ) ~ before the undersigned' officer, personall On this, the/-~ day of/~flt~'~, 2003, me, Y appeared Carolee Miller, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I~u~m~set my hand and of/~ficial seal. MARTIN H. MILLER, Plaintiff CAROLEE MILLER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7122 IN DIVORCE MARITAL SETTLEMENT AGREEMENT ~ ".'~ , This Agreement, made thi day of , 2003, by~d behireen .i'zi MARTIN H. MILLER, of 2312 Walnut Bottom Road, Pennsylvania, (hereinafter ~ed'~-t; as: '!:!, Husband ) and CAROLEE MILLER of 297 Mohawk Road, Newvflle Pennsylvania~0/~r_ eirftrfter ;'~' ~ ~._2 -. ~7:~ referred to as "Wife"). ~ :~ ,~ WHEREAS, the parties hereto are Husband and Wife, having been married on March 4, 1978 in Newville, Pennsylvania; and WHEREAS, difficulties have arisen between the parties as a result of which they now desire to live separate and apart and by this Agreement, to settle all financial and property fights between them; and WHEREAS, this Agreement is being made in full and final settlement the above captioned divorce action being filed concurrently with the execution hereof; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable trader the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coemion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read carefully and understand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divome Reform Act, whether titled or owned separately or jointly as well as the value and extent ofnonmafital property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate fight in the estate of Wife, and Wife relinquishes her inchoate intestate fight in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof; further, the parties acknowledge that all fights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3. DIVORCE: Both parties agree to conclude a no-fault divorce under Section 3301 (c) of the Pennsylvania Divorce Code filed in the Court of Common Please of Cumberland County, No. 01-7122 and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The terms of this Agreement shall be incorporated but not merged into any Divome Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enfomement of any of the provisions hereof. 4. DEBTS: Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. 5. PERSONAL PROPERTY: A. AUTOMOBILES: Each party shall enjoy exclusive possession of the vehicle in their possession. Each party shall be solely responsible for any debts pertaining to his or her said vehicle and shall indemnify, defend and hold the other harmless from any claim with respect thereto. If there are any liens outstanding, the parties shall remove the name of the other from the title as soon as it is available to do so. B. OTHER PERSONAL PROPERTY: Except as stated below, the parties have heretofore divided the property, both real and personal, which they owned either together or separately and such division and apportionment is hereby confirmed. 6. MARITAL RESIDENCE: Concurrent with the execution of this Agreement, Wife will execute a deed transferring all of her right, title and interest of the marital residence located at 2312 Walnut Bottom Road, Cumberland County, Pennsylvania to Husband in a form satisfactory to Husband's mortgage company. The deed shall be held in escrow by Jane Adams, Esquire and tendered to Thomas J. Williams, Esquire upon receipt of the payment referred to in Section 7 hereof. Husband shall be solely responsible for all expenses, taxes insurance, upkeep and any other expense connected with the marital residence, as well as M&T Home Equity Loan on the marital residence. Husband shall indemnify, defend and hold Wife harmless with regard to any claims arising out of the marital residence. Husband agrees to refinance the marital residence as soon as practical thereby removing Wife's name from both the first and second mortgages. 7. CASH: Husband shall pay to Wife the sum of $15,000.00 upon the refinancing of the marital residence or ninety (90) days, whichever first occurs. 8. ENFORCEMENT: If either party defaults in the due performance of any of the terms, conditions and covenants of this Agreement on his or her part to be performed, the non-defaulting party shall have the right to sue for specific performance or damages for the broach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding. If either party challenges the validity of this Agreement and the challenge is not successful, the challenging party shall similarly reimburse the defending party for all expenses and losses incurred in the defense. 9. ALIMONY AND SUPPORT: Except as otherwise provided herein, both parties hereby waive, release and give up any rights which either may have against the other to receive spousal support, alimony, alimony pendente lite, or expenses. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any economic support from the other. 10. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 11. _CONTRACT INTERPRETATION.: For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 12. AFTER-ACQUIRED pROPERT~,~: 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 is or has been acquired by him or her after the date of 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. 13. ~ADDRESS AND TELEPHONE NUMBER OF PARTIES: As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her reMdence address and telephone number, and shall promptly notify the other in whting o fany change of address by giving the new residence address and telephone number. 14. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. B. This Agreement maynot be amended, modified, altered or revoked except in writing executed by both the parties hereto. C. This Agreement may not be assigned by either party without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enforce anypart of this Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. I. All payments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, if no such designation is made, then to the address as set forth above. J. Titles are for convenience and ease of reference only and are not to be considered part of the Agreement for purposes of interpretation. K. The term of this Agreement shall continue indefinitely fi'om the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. Witness: Martin H. Miller Carolee Miller COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTY OF CUMBERLAND ) On this, the/'~ day of Ce-ce¥~;~, 2003, before me, the undersigned officer, personally appeared Martin H. Miller, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL CORRINE L, MYERS, NOTARY PUBLIC CARLISLE BORO, COUNTY OF CUMBERLAND MY COMMISSION EXPIRES MAY 27, 2007 COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTy OF CUMBERLAND ) On this, th ~/'~' ~ eO day of'/~,~e~, 2003, before me, the undersigned officer, personally appear, ed Carolee .Mi!ler, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. MARTIN H. MILLER, Plaintiff V. CAROLEE MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7122 IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 33019c) of the Divorce Code. 2. Date and manner of service of the complaint: See Affidavit of Service, as filed. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301(c) of the Divorce Code; October 14, 2003; by the Defendant; November 5, 2003. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 17, 2003. 6. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 5, 2003. MARTSON DE)~t~DORFF WILLIAMS & OTTO Thomas J. Willian~ Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 14, 2003 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MARTIN H. MILLER VERSUS CAROLEE MILLER No. 01-7122 DECREE IN DIVORCE AND NOW, --- DeCreed THAT MARTIN H. MILLER a N D CAROLEE MILLER , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, Are DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RE IN THIS ACTION fOR WHICH A FINAL ORDER HAS NOT Yet been ENTER A Marital Settlement Agreement dated November 5:, 2003 is hereby incorporated but not merged into this decree. ,/~/-~ ATTEST: /~ /~ / O' (~'--"- .~"~'""--"---/~ PROTHONOTARY