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HomeMy WebLinkAbout02-0566 DANNIELLE MILLER, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. cS~ ~ .$'1. ~ CIVIL TERM v. . : CIVIL ACTION - LAW : IN DIVORCE FREDERICK c. MILLER, Defendant 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 will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. NOTICE TO DEFEND ANn CLAIM RIGHTS IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE TillS 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 (717)249-3166 DANNIELLE MILLER, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.~ - S<'f.. CIVIL TERM v. FREDERICK C. MILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAIN1' IN DIVORCE 1. Plaintiff is Dannielle Miller, an adult individual, currently residing at 1164 Fleming Drive, Mechanicsburg, cumberland County, Pennsylvania. 2. Defendant is Frederick C. Miller, an adult individual, currently residing at 201 E. Walnut Street, Shiremanstown, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on February 12, 1993 in New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since January 24,2002 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Respectfully Submitted, I bYJL Date I /~ff,~ fU./wufWlL KIRSTIN M. SWEIGARD, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff DANNIELLE MILLER, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- CIVIL TERM v. FREDERICK C. MILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE ATTORNEY VERIFICATION The undersigned, Kirstin M. Sweigard, Esquire, hereby verifies and states that: 1. She is the attorney for the Plaintiff, Dannielle Miller; 2. She is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Divorce Complaint are known to her and not necessarily to her client; 4. The facts set forth in the foregoing Divorce Complaint are true and correct to the best of her knowledge, information, and belief; 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. RESPECTFULLY SUBMlTIED, /!1JI" p;"" ;U. fw-d pA.K.-c/ Kirstin M. Sweigard KLINE LAW OFFICE 714 Bridge Street New Cumberland, P A 17070 (717)770-2540 ill No. 83801 Attorney for Plaintiff ~ R ~ ~ Jl:. () I,.., ~ ........ ~ :'l~ ~ ~ 0 8 ~ ~ lS I,D- 'Ji ~ tJ ~7- ~ o 0 ~ No 0 -0 ~~~ ..." -n f1l m >'1 2:::6' co 2(,:: , OJ~cc ::-<: ..-,. ~C:. ~ :t:h :70 ::r >2 ::;_-q y? ...;::.11 (;0 '-"-'. . ~ ' r--' --./-,-, ',/-, l<j,:;" T,~:! , . -~ -/-".... t5(r1 ~ 5:J -< @ I I I I i I I I ! r f i I I I DANNIELLE MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-566 CML TERM FREDERICK C. MILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Darrell C. Dethlefs, Esquire, attorney for Defendant, Frederick C. Miller, hereby accept service and acknowledge receipt of the Divorce Complaint filed on February 1,2002 by the Plaintiff in the above-captioned action. Darrell C. Dethl s, Esq ire Attorney ID# Cs ~ ~ 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Defendant e c:> 0 N -n ;s:: :J: -0 OJ ",.. " '?i93 :;0 r I ,..;..,m m~ ", --is:' ~,.L ('jCJ !;2CJ "' :-:..:!....yi ~8 ::: t~~ 5>t: 'f! orn ~ 0 ~ .s:- '< DANNIELE MILLER. Plaintiff v. FREDERICK C. MILLER. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : No. 02-566 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 (C) of the Divorce Code was filed on or about February 1, 2002. 2. The marriage of Plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing an service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property. counsel fees, or expenses has not been filed with the Court before thEt entry of a final decree in divorce, the right to claim any of them will be lost, I verify that the statements made in this Affidavit are true and Cl)rrect. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S.A. Se,ctlon 4904 relating to unsworn falsification to authorities, Date: ~CWOb? I g ~ ~ o C "TJ ~: nllT ~?; (I' ~~f~ ~,-~ >1-' 6Z--; ....... -' --c 2: :::;! D ......> W ]""1 C) \,.0 -0 -r~~ 1"..,) -' :0 ~ (,..:; DANNIELE MILLER, v. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : No. 02~66 FREDERICK C. MILLER. Defendant : CIVIL ACTION. LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011C) OF THE DIVORCE CODE 1, I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights conceming 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 d.~cree is entered b y the Court' and that a copy of a 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.A, Section 4904 relating to unswom falsification to authorities. Date:~C'mzb? / i .'~ ~ /~~~ /'Dannieie Miller, Plaintiff i" o c: 7 "1:.1 j.:r-i qJfT ..t:- _.."_ ~~~ ::to: ,-- ~~~~ 7" ::3 -.... . o 1'V W j'Y1 ("'") /..) ~:n \,0 :'" :::> DANNIELE MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 02-666 FREDERICK C. MILLER, Defendant : CML ACTION .. LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint In Divorce under Section 3301 (C) of the Divorce Code was filed on or about February 1, 2002, 2. The marriage of Plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing an service of the Complaint. 3. I consent to the entry of a final decree of divorce, 4, I undeJstand that if a cJajm for alimony, afimony pendente Ute, maritaf property, counsel fees, or expenses has not been fited with the Court before tht! entry of a final decree in divorce, the right to claim any of them will be lost. I verify that the statements made in this Affidavit are true and correct. I understand that false =: :re~de subject 10 the penelties of~18 pa'C',S:A ~ reletlng 10 unsworn Date: G~W 1;.;rt1;;2.... rederick C, Miller, Defendant () c ;?"" -oi:2 nl{T; Z=c.. :z.: ~: (/.1 ~_ -<.~_: '-:c ~~ ""-- --) -.... o 1'-> '=' rq (J o "'!'f \.0 -0 r...,) =l (,.) DANNIELE MILLER. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA v. : No. 02-566 FREDERICK C. MILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DNORCE CODE I consent to entry of a final decree of divorce without neltice, I understand that I may lose rights conceming alimony I division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, I understand that I win not be divorced until a divorce decree is entered b y the Court and that a copy of a 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,A. Section 4904 relating to unsworn falsification to authorities. 1. 2, 3. Date: /~I /,/ rQ~o/_ Frederick C. Miller, Defendant () c- '"D~ n-;h ~~:, r::=C ";>r--. ~f; ?- :J -.... C:::' r"~, o ,--- (~J C) L__j .~':) ~..) ::> (,0 DANNIELE MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-566 CIVIL TERM FREDERICK C. MILLER, Defendant : CIVIL ACTION - LAW : 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 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service accepted by counsel for Defendant on or before March 6, 2002. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: December 18, 2002; By Defendant: December 18, 2002, 4. Related claims pending: None. All related claims have been resolved pursuant to Separation Agreement and Property Settlement dated December 18, 2002, which shall be incorporated by reference, but which shall not merge with the Divorce Decree entered in this matter. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d) of the Divorce Code: Waiver of notice executed by Plaintiff on December 18, 2002, and by Defendant on December 18, 2002. Respectfully submitted" ~ ~ De:: Lcxfl. Date ~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Plaintiff o C -rJ rf- rnr-{u ~f? (f,l",' ...,r' ~~ ~ C::' t. . . ~. r:::J ;"q C-) \.0 "~';'::"1 r-.) ::-2J -..._"' ."--~ ~.,.~~. :0 -< DANNIELE MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-566 CIVIL TERM FREDERICK C. MILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE ~TALSETTLEMENTAGREEMENT DeL~C1L This Agreement, made and entered into this 1 ~ T\-\ day of Na'/0m:eer, 2002, between Danniele Miller, of Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and Frederick C. Miller, of Cumberland County, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Wife and Husblmd, having been lawfully married to each other on February 12, 1993, in New Cumberland, Cumberland County, Pennsylvania; WHEREAS, there have been two (2) children born of this marriage between Husband and Wife, to wit: Victoria E. Miller, born May 23, 1994, and Gabrielle A. Miller, born January 29, 1997. WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires :finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future, and all rights to alimony, alimony pendente lite, counsel fees or expenses; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver, Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Child Custody, The parties have entered into a Stipulation regarding the custody of their children which shall be filed at Frederick Miller v. Danniele Miller, Court of Common Pleas of Cumberland County, No, 02-3980, with the understanding that the Stipulation shall be made an Order of Court. 5. Support. The parties have entered into a child support stipulation, a copy of which is attached to this Agreement as Exhibit "A". 6. Division of Personal Property. A. Except as otherwise provided herein, the parties agree that all items of personal property obtained by the parties during their marriage had been divided amongst the parties to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right ofthe other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried, B. The parties agree that the 1994 Pontiac Grand Am shall be the sole and separate property of the Wife. The parties further agree that the 1992 Isuzu box truck shall be the sole and separate property of Husband. The parties further agree that any indebtedness secured by either of said vehicles shall be the sole responsibility of the party in possession of said vehicle and that said party shall hold the other harmless from any liability arising from any default thereon. C. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically disposed of pursuant to this agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or form whom it was purchased, and each party hereby surrenders any interest he or she may have in such tangible personal property of the other. 7. Debts. The parties are joint owners of credit cards and other various obligations. The parties agree that Wife shall be responsible for the PNC Credit Card in her name, the Citibank Credit Card in her name, and all debts incurred by Wife since the parties' separation. The parties agree that Husband shall be solely responsible for all federal, state and local income tax and other taxes for the tax year 2001 and all years prior to 2001, the Credit Counseling, Inc. monthly payment in the amount of $670.00 and all underlying indebtedness intended to be covered by said payment and all debts incurred by Husband since the parties' separation. 8. Future Debts, The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Consideration. In consideration of the mutual agreements of the parties contained herein as they pertain to division of property and allocation of debt, Husband agrees to pay to Wife, upon execution of this Agreement, the sum of Two Thousand and 0011 00 ($2,000.00) Dollars, receipt of which is hereby acknowledged by Wife. 10. Alimony. In consideration of the mutual agreem{:nt of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree that Husband shall pay to Wife alimony in the amount of Five Hundred and 00/100 ($500.00) Dollars per month for four (4) months, with the , 2002, with each t subsequent payment due no later than the I S...... day of each month thereafter. cjf first such payment due no later than the 'STt-\ day of 34\-N lJ ~ '/ 11. Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. 12. Bankruptcy. The parties acknowledge and agree that they have specifically structured this Agreement so that the terms, covenants, and conditions set forth herein are non- dischargeable in bankruptcy, under 11 U.S.C.~523(a)(5), ~523(a)(l5), or otherwise. It is further specifically acknowledged, represented and understood that as part of the consideration of the making of this Agreement, that: (a) Such obligation is for alimony to, maintenance for or support of the other party; (b) The party filing bankruptcy, hereafter the "Filing Party," has the ability to pay such debt from income or property not reasonably necessary to be expended for the maintenance or support of the Filing Party or of a dependent of the Filing Party or if such party is engaged in a business, for the payment of expenditures necessary for the continuation, preservation and operation of such business; (c) Discharging such debt will not result in a benefit to the Filing Party that would outweigh the detrimental consequences to the other party or a child of the Filing Party, Both parties further acknowledge that the preceding terms and representations set forth their actual intent. 13. Counsel Fees and Court Costs, The parties agree that Husband shall be responsible for his legal fees. Furthermore, Husband also agrees to reimburse Wife the sum of $1,100.00 toward her legal fees and costs incurred through the date of this Agreement. Payment is due upon the execution of this Agreement. If either party incurs any other legal fees or court costs after the execution of this Agreement and the entry of a final decree in divorce, except in the result of a breach of this Agreement, those fees and costs shall be bOffi(': by that party exclusively. 14. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending between them in the Court of Common Pleas of Cumberland County to the caption Danniele Miller v. Frederick C. Miller, No. 02-566 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 15. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 16. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 17. Applicable Law and Execution. The partic~s hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 18. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 19. Incorporation and Judgment for Divorce. In the event that either husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated into, but shall not merge with, any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this marital settlement agreement. 20. Additional Instruments. Each of the parties. shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above, WITNESS: , D JELE MILLER &$ tfREDERICK c. MILLER . , DANNIELE MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO.: FREDERICK C. MILLER, Defendant : P ACSES CASE NO: : DRO NO.: STIPULATION A.ND NOW, the undersigned parties, hereby stipulate and agree to the entry of an Order for child support upon the following terms and conditions: 1. Danniele Miller and Frederick C, Miller are the natural parents of Victoria E. Miller, born May 23, 1994, and Gabrielle A. Miller, born January 29, 1997. 2. For the support of the above children, Frederick C. Miller shall pay to Danniele Miller the sum of Seven Hundred and 00/1 00 ($700.00) Dollars per month, due and payable on the first of each month. This agreement, and subsequent Order, shall be effective immediately. 3. Unreimbursed medical expenses that exceed $250.00annuaIly per child are to be paid as follows: 85% by Frederick C. Miller and 15% by Danniele Miller, Danniele Miller is responsible to pay the first $250.00 annually per child in unreimbursed medical expenses. Frederick C, Miller is to provide medical insurance coverage, In the event that the parties decide that medical coverage available through Danniele Miller's employer is the best coverage available for the children, said coverage shall be obtained through Danniele :rvfiIler's employer and any additional expense for said coverage or any additional wage deduction in regard to said coverage shall be paid to Danniele Miller by Frederick C. Miller. 4. In the event that Danniele Miller is required to obtain the services of a childcare Exhibit "A" provider for the purposes of her employment, the parties hereby agree to divide equally the actual cost of said childcare provider, provided that the rate for such expense shall be reasonable and consistent with the then current rates of professional childcare providers in the Central Pennsylvania area. 5. Until such time that an Order has been entered by the Court pursuantto this Stipulation, Frederick C. Miller shall continue to pay the sum of $700.00 monthly directly to Danniele Miller. At such time that an Order has been entered, all payments shall be made directly to the Pennsylvania State Collection and Disbursement Unit. 6, It is the intention of the parties at the present timc~ that Frederick C. Miller shall make the support payments required herein directly to Danniele Miller without the involvement of the Cumberland County Domestic Relations Section or the Pennsylvania State Collection and Disbursement Unit. In the event of any default, arrearage, or late: payment, the parties hereby agree that this Order shall be submitted to the Cumberland County Domestic Relations Section for the purposes of the entry of a child support order pursuant to the temlS contained herein. Any costs that may be incurred for the purpose of the filing of this Stipulation as an Order of Court shall be borne by Danniele Miller. Any collection fees that may be incurred subsequent to the filing of the initial support action shall be borne by Frederick C. Miller. 7. All terms of this Stipulation and subsequent Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets as provided by law. These enforcements/collection mechanisms will not be initiated as long as Obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all means listed above. 7 . os- -o-;+. Date _r / .--' ANN LE MILLER, Plaintiff ~~MMt ~. 6 '/~ Date COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND On the 11th"",,,, day of V€L~c6\... , 2002, before me, the undersigned officer, a Notary Public, personally appeared DANNIELE MILLER, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that she executed the foregoing for the purpose therein contained. IN WIlNESS WHEREOF, I have hereunto set my hand and official seal. ~ vJJr- ~~ NOTARY PUBLIC ~"'-".-.~ :-- NOTARIAL SEA'. '",' ROSEIlT PETER KLINE, Notary i' uollc New Cumberland Boro., Cumberland Co, My Commission Expires June 21, 2004 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND On the t~Tl:\ day of ):b"'"C:..<-~e.-zfl. , 2002, be:D~re me, the undersigned officer, a Notary Public, personally appeared FREDERICK C. MILLER, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that he executed the foregoing for the purpose therein contained. IN WIlNESS WHEREOF, I have hereunto set my hand and official seal. ~?~ NOTARY PUBLIC NOTARIAL SEAL ROBERT PETER KLINE Notary Public New Cum~Iand Bora" Cumberland Co My Comrlllssioo Expires June 21,2004' ~v~\ Z:.;-- ~s-~. ~:~ .:.~ -<. o c ..... "..J () .. ,1 r-, 1 ;') ---\ \D 'C-=: ~-'r: ,"',.) :i'-:~ .-J.J -< :::1 (".) 00. 0. 0. 0 0....0.....0.....0...0...0...0...0...0...0. 0. o 0. 0. 0. 0. 0. 0. o 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. ,.,,.,,., ,., AND IN THE COURT OF COMMON P'LEAS OFCUMBERLANDCOUNTY STATE OF PENNA, J)A.NNIELE f>'lILLER, Plaintiff 02-566 Civ il No. VERSUS FREDERICK C. MILLER, Defendant DECREE IN DIVORCE AND NOW, ~ -<,;]":1- , ~'---, IT IS ORDERED AND DECREED THAT I:ANNIELE MILLER , PLAI NTI FF, FREDERICK C. MILLER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Separation Agreement and Property Settlement dated Lecember 18, 2002 shall be incorporated into, but shall not merge with this ~ d ~ J. l / ~ ROTHONOTARY ,.,,., ,.,,.,,.,,.,,., ,.,,.,,., ,.,,.,,., ,.,,., ,., ~:f.'" ,.,,.,,., ~,.,,.,,.,,.,,.,,.,,.,~~~,.,,.,,.,,.,,.,,., ~~ fLy ~ ~~~~o'E,1 ~r:z~ ~~Fr,l'E'1 .. . . . '. ~ , '.. >I. > .. ~ ,/". , .'