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Home My WebLink About05-2780 JEANNETTE L. POIT, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS . cJ 7 <{ () RANDY J. MILLER, DEFENDANT 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator' s Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, 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 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE QE AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this 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 days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. JEANNETTE L. POIT, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0:/_ :2 ?~'6 6~J ~ RANDY J. MILLER, DEFENDANT IN DIVORCE COMPLAINT UNDER SECTION 3301(0) OR 3301 (d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Jeannette L. Poit who resides at 1550 Williams Grove Road, #66, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Randy J. Miller who last resided at 807- B Fairfield Street, Mechanicsburg, Pennsylvania 17055. 3. The Plaintiff and Defendant have been bonafides resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 21, 1990 in Clearwater, FL. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. There were two children born of this marriage Joseph Miller, born November 13, 1991, and Rebecca Poit, born November 13, 1996. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States and or any of its allies. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. !lu-.,/.I \D. ~ Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint 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 :6.J11o/OS ~(lm/\li d-br{ i6-B, annette L. POlt - ',-- t,:") co eu .. " ~'- ~..;; l'J ~- j:O: l.J Lf::; C) C,;:, ~ :1 ~ \)~~ \f) ~ R :::: ~r* . --\3' . cJ ~ ~~~ J"'#VI".:fI~ l P.o,' + \ PIAl rI-i:.tf In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No. () J-. '2?l"o Civil. 19 f214....J.., J'. tV},' [/ " . '1i ~.(.,.. rlJ :J: " '~ ill ""("... PJ~tlJ II ... r.ll "'\ ~ -, ...1--1 ~ J'II<t rd-r'c.II~.A J.. "n..1 P . To Prothonotary Au.'1",r ~ , ~ 2o(),S"" -rJ;-.- ~. ..&041 Attorney for Plaintiff FILEO-QfFlCE OF '[HE PRQi'HONOTARV 200~AUG -9 PH 12: 11 No. Tenn, 19 CUMBCRU~',D C'OUNTY PENNSYLVANIA . vs. PRAECIPE Filed J.9 , Atty. JEANNETTE L. POIT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2780 RANDY J. MILLER, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 27, 2005 and reinstated on August 9, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree, I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: II-ciOffi ~l1J)~P) "~~ ANNETTE L. POIT ') >;\ ~,-- 1"'':; - ~-------- JEANNETTE L. POIT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2780 RANDY J. MILLER, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: \\-2005 iJj)ff)!YIu/:b cL - -Rxi ANNETTE L. POIT ----,----_.,- " --:, -",,~'.' ~ <"".', , - ,.~'~ .._r"- ------- JEANNETTE L. POIT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005-2780 RANDY J. MILLER, Defendant : CIVIL ACTION - LA W : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Thomas D. GouUbquire as counsel for Jeannette L. Poit, Plaintiff in the above-captioned matter. Date: t 1:JtJ 10' , 2006 ~~~. ~ Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011-6388 (717) 731-1461 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Max J. Smith, Jr., Esquire, as counsel for Jeannette L. Poit, Plaintiff in the above-captioned matter. Date: 1 \~ \ , 2006 Max J. Smith, Jr., I.D. No. 32114 Jarad W. Handelman, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 ~.._- ; , , ..... . vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-2780 JEANNETTE 1. POIT, Plaintiff RANDY J. MILLER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VII UNDER SECTION 330Hd) OF THE DIVORCE CODE NOTICE If you wish to deny any of the allegations set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the allegations will be admitted. 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 27, 2005. 2. The parties to this action separated on June 1, 2004 and have continued to live separate and apart for a period of at least two (2) years. 3. The marriage is irretrievably broken. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 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: July --1L, 2006 ~ NNETTE 1. POIT --/ "' T ii'/ -',-' -;-'1 N (Ji Ci'i JEANNETTE 1. POIT, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-2780 RANDY J. 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: I. Ground for divorce: irretrievable breakdown under Section ( ) 3301 (c) (X) 3301 (d) of the Diyorce Code. (Check applicable section). 2. Date and manner of service of the complaint: by oersonal service on August 9. 2005. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff ; by Defendant (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Diyorce Code: July 11. 2006 ; (2) date of service of the affidavit upon the Defendant: July 11. 2006 4. Related claims pending: None Ano~~C0- ( ) Defendant () c:: ;g; "TJrt. fT!ri '-:';>---J +:;;,::> ?~ ' ~ ~r" ~~~~ Z --j -< ...., = = Q~ :>> c: C') N ..,. ~ ~:IJ ::;:; """y 9,C1 -T, ;T::!J ,,)...., 2M <;\ 15 '< ..", ::l: t;-:? 0"\ JEANNETTE L. POIT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2780 RANDY J. MILLER, DEFENDANT DIVORCE AFFIDAVIT OF SERVICE I, THOMAS D. GOULD, hereby certify that on August 9, 2005, I handed Randy J. Miller a Complaint in Divorce at the Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania. Date /J."'7~/r " 2t1fJS"' ~et1() ES. ~ THOMAS D. GOULD, ESQUIRE ~ ~ ~ c> rt- ~ > ""00,1 \"i~\ ~.~ zr u) ,'~ "..:;:. ~C' ~t: Pc. z '2 --0 ~ \;'? q, ~:!l ~rm 06 :::c::;:\ 90 :""-\'11 S ~ - (J\ JEANNETTE 1. POIT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005-2780 RANDY J. MILLER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA : SS. COUNTY OF DAUPHIN BEFORE ME, personally appeared JOHN R. ZIMMERMAN, who being duly sworn according to law, deposes and says that he did serve in person the Affidavit Under Section 3301(d) of the Divorce Code upon Randy J. Miller at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania; service having been made on the 11th day of July, 2006 at 2:30 p.m. ~4' - -- SWORN and subscribed to before me this I ~ day of July, 2006. -----Q..U~ It.I . ~"v-L NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Alisa M. Stine. Notary Public Derry Twp., Dauphin County My CornmissiCln Expires Nov. 19. 2007 Member, Pennsylvania Assodation Of Notaries 2 :7 -0;:'::;,' (i.\ j' ~ -/ "', 3~~ ~" ~ ;:S ,<::1____ ......'" - 2,~'(~j 7C: z ':2 ~ "'" cT" ~ G'? N s:- '"'" :;t:: r:i' Q. ~ rl1 :!l -Clfr, :uo 00 c-l~, ,"[:.-n '"-- '20 om "'" ?O :..:; - U1 JEANNETTE 1. POIT, Plaintiff : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005-2780 RANDY J. MILLER, Defendant : CIVIL ACTION - LAW . : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 2nd day of August, 2006, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certifY that I have this day sent a copy of Plaintiff's Counter-Affidayit Under Section 3301(d) and Notice of Intention to Request Entry ofDiyorce Decree by depositing a certified copy of same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 -~ James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 , JEANNETIE 1. POIT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005-2780 RANDY J. MILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE 1. Check either (a) or (b): ( a) I do not oppose the entry of a divorce decree (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): _(i) The parties to this action have not lived separate and apart for a period of at least two years. _(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, diyision of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counteraffidavit 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: August ,2006 RANDY J. MILLER NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counteraffidavit. JEANNETTE 1. POIT, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-2780 RANDY J. MILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE TO: RANDY J. MILLER You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counteraffidavit to the Plaintiff's Affidavit. Therefore, on or after August 23, 2006, the Plaintiff can request the court to enter a final Decree in Diyorce, If you do not file with the Prothonotary of the Court an Answer with your signature notarized or verified or a Counteraffidavit by the above date, the Court can enter a final Decree in Divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the aboye date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTERAFFIDA VIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO TIllS NOTICE. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 o c:: ~ -0C;:! tl) ~.~ ~.:::,;;; ',. /....-',. (j)..,--. %< ~\~ .p' (~r Z -., -""- "" = = cr ".. C:. G" N ~ -0 ~ r:-? ~ ~,::D' \"Ie-:: -om -"''1: Ou ._t ~.., ".,. -,'" th"', 15m -" ~ - 0:> . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JEANNETTE L. POIT, . Plaintiff No. 2005-2780 VERSUS . RANDY J. MILLER, Defendant DECREE IN DIVORCE AND NOW, ~31 ,;a:t8:5JA.M . . , 2006, IT IS ORDERED AND . DECREED THAT JEANNETTE L. POIT , PLAINTIFF, AND RANDY J. 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; There have been no ancillary claims raised. . . . . . . ATTEST: ~~~'OTHO'OTA'~ . . . . ~,' 1"" ";" ''1' '''"! '. . rfr'"./ ~? ~'!" ~ ~ P" ? I'ff"':' ~-f'9 , , ) ,.. III .:C.","" ,.....J',' ~ " .-. ,.J '. '\- 4 1(J' ') - /J ~'1'b