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HomeMy WebLinkAbout01-4312 ?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY '-~, , f;;" STATE OF PENNA. CLYDE STEVEN MILLER, Plaintiff No. 2001-4312 CIVIL TERM VERSUS RONNA L. MILLER, Defendant DECREE IN DIVORCE AND NOW, N~ d-O .A d:01/.A.. 2001 , IT IS ORDERED AND DECREED THAT CLYDE STEVEN MILLER , PLAI NTI FF, AND RONNA L. MILLER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRI MONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; 'The attached Property Settlerrent Agreement dated July 6, 2000 shall be incorpora ted in to this Decree By PROTHONOTARY J. _#?I- ~ ~ IOIN/ ~ fir' '7-~ 4kP-pl /rl!t'l/ " ~ ,It ",- ' ..~ "~ ~. - PROPERTY SETTLEMENT AGREEMENT .~ ' THIS AGREEMENT, made this Co day of J U I y , 2000, by and between CL YDE S. MILLER, residing at 1500 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND," and RONNA L. MILLER, residing at 925 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE." WIT N E SSE T H: WHEREAS, the parties were lawfully married on September 6, 1980, in Trindle Springs, Cumberland County, Pennsylvania; and WHEREAS, in consequence of disputes and unhappy difficulties, the parties have agreed to live separate and apart during their natural lives; and WHEREAS, the parties are desirous of settling their existing property rights including an amicable equitable distribution, assignment and division of their property, which property is considered to be "marital property" as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted into law on February 12, 1988; and NOW THEREFORE, in consideration of the promises and the mutual undertaking herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: 1. Separation. The parties shall hereinafter live separate and apart. Each shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. 2. Control of Agreement. The provisions of this Property Settlement Agreement shall govern all past, present, and/or future claims for alimony, support, counsel fees and costs, alimony pendente lite, equitable distribution, or other property rights, and all other claims which the WIFE or HUSBAND has or might have against the other except as set forth hereinafter. 3. Divorce. A Divorce Action has not yet been initiated by either party. The parties intend that this Property Settlement Agreement shall resolve any and all outstanding economic issues and that it shall be incorporated but shall not merge into any forthcoming Decree in Divorce. Furthermore, the parties intend that this Agreement shall survive regardless of whether the parties cohabitate, remain married, or divorce. If either party initiates a Divorce Action, the parties agree that this Agreement fully and finally resolves all outstanding economic and/or property issues. 4. Real Property. The parties acknowledge that they are the owners as tenants by the entirety of real property located at 1500 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania. The home is presently encumbered by one (1) mortgage which shall remain in joint name in the approximate amount of Seventeen Thousand ($17,000.00) Dollars. The parties agree that HUSBAND shall retain the marital home, specifically including any equity therein, subject to any and all liens and/or encumbrances thereupon, as his sole and separate property. Within ten (10) days of the execution of this Agreement, WIFE shall sign the deed to the property thereby transferring it into HUSBAND'S name individually. WIFE agrees to waive any and all right, claim, title and/or interest she may have in this property specifically including any equity therein, upon the execution of this Agreement. HUSBAND shall be entitled to exclusive possession of the marital home and shall be solely responsible for timely payment in full of all bills in connection with the marital home, including but not limited to the mortgage, taxes, insurance, utilities, repairs, and general maintenance, and HUSBAND shall indemnify WIFE and hold her harmless with respect to any liability in connection with the marital home and/or with respect to his non-payment or non-performance of the above obligations. If at any point in the future HUSBAND should decide to sell the marital home, he agrees to pay WIFE one quarter (1/4) of any and all net proceeds from the sale, after payment of all realtor commissions, transfer taxes, and other normal settlement costs. The parties acknowledge that HUSBAND has no plans to sell the home at this point in time and that the decision when and if to sell shall be HUSBAND'S alone to make. 5, Personal Property. The parties have acquired certain personal property during the course of their marriage, all of which has been divided to the parties mutual satisfaction. It is agreed that each party shall retain all items of tangible personal property currently in their possession as if it were their sole and separate property. More specifically, HUSBAND shall retain the contents of the marital home as his sole and separate property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party which are now in the possession or under the control of the other. Furthermore, each party agrees to waive any right, title, and/or interest they may have to the property in the possession of the other, and not specifically referenced above. Should it become necessary, the parties each agree to sign upon request, any titles or documents necessary to give effect to this paragraph. 6. Automobiles. There is a 1997 Geo Tracker titled in joint name, which shall become the sole and separate property of WIFE, subject to any and all liens and/or encumbrances thereon which the sole and separate responsibility of WIFE. There is a 1988 GMC Jimmy titled in HUSBAND'S name, which shall become his sole and separate property. HUSBAND represents this vehicle is free and clear of any liens and/or encumbrances. The parties agree that simultaneously with the execution of this Agreement, title to the Geo Tracker shall be transferred to WIFE. Furthermore, each party agrees to waive any right, title or interest he or she may have in the vehicle of the other, and cooperate with the signing of any and all documents necessary to effectuate the provisions of this paragraph. 7. Employee. Pension and Retirement Benefits. Each party shall retain as his or her sole and separate property, any individual retirement account, and/or retirement benefit plan (including but not limited to pension or profit sharing plans, deferred compensation plans, defined benefit plans, 401 (k) plans, employee savings and thrift plans, IRA's, or other similar benefits), whether vested or non-vested. The above shall specifically include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they are satisfied with all financial disclosures that have been made, and specifically waive their right to request additional documentation regarding the above referenced retirement plans. Furthermore, each party shall be and remain the sole owner of any other asset in his or her control not specifically covered by other provisions of this Agreement. Should it become necessary, each party agrees to sign any other title or documents necessary to give effect to this section upon request of the other party. 8. Credit Card Debt. There are no joint credit cards in existence. Any credit card debt shall be the sole and separate responsibility of the party who incurred it. 9. Soousal Support / Alimony Pendente Lite / Alimony. Each party specifically waives any past, present or future claim for spousal support, alimony pendente lite and/or alimony against the other party. 10. Bank Accounts. The parties joint checking and savings accounts at Belco Credit Union that approximate Five Thousand ($5,000.00) Dollars shall become the sole and separate property of HUSBAND, free and clear of any right, title, claim and/or interest of WIFE. The parties agree that WIFE'S name shall be immediately removed from those accounts. Furthermore, each party agrees to waive any right, title or interest he or she may have in the individual bank account of the other. 11. C.D. 's. There are several C.D.'s in existence, some of which are in joint name and some of which are in WIFE'S name. The parties agree that WIFE shall retain all of the C.D.'s as her sole and separate property, free and clear of any right, claim, title and/or interest of HUSBAND. The parties estimate their worth to be under Ten Thousand ($10,000.00) Dollars. 12. Internal Revenue Service 1999 Income Tax Refund. The parties have a joint 1999 Income Tax Refund check in the approximate amount of Six Thousand One Hundred ($6,100.00) dollars. The parties agree that this refund check shall be equally divided between them. 13. Life Insurance Policies. Each party shall retain as his or her sole and separate property, any cash surrender value of any whole life Life Insurance Policies they may have. 14. Miscellaneous Debt. Any debt not specifically listed in this Agreement or incurred after the date of separation (June 9, 2000) shall be the sole and separate responsibility of the party who incurred it. Likewise, any assets acquired and not specifically referenced in this Agreement after the date of separation shall be the sole and separate property of the party who acquired it, unless marital assets were used to acquire it, and such assets have not been disclosed. 15. Agreement Executed Voluntarily and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: A. If fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; B. Enters into this Agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind; C. Has given careful and mature thought to the making of this Agreement; D. Has carefully read each provision of this Agreement; E. Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement. 16. Release of All Claims. Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 17. Holding Other Party Free and Harmless. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or may be liable. If any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom. 18. Additional Instruments. The parties shall, on demand, execute and deliver to the other, any document, 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 1 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. 19. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is satisfied with the financial disclosures made from the other. The parties acknowledge that although within their right to request, no formal discovery was done in this case, and that they are satisfied with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and any further enumeration or statement thereof in this Agreement is hereby specifically waived. The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure. The parties specifically acknowledge that they have been advised by their individual counsel of their right to seek such discovery, however have elected to waive the same. Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto, and understand that this Agreement shall not be subject to modification by the Court. 20. Representation of the Parties. HUSBAND is represented by Johnson, Duffie, Stewart & Weidner, in connection with the negotiation and preparation of this Agreement. WIFE has been given the opportunity to consult with independent legal counsel of her choice. WIFE understands that Johnson, Duffie, Stewart & Weidner has represented HUSBAND only throughout these proceedings and that Johnson, Duffie, Stewart & Weidner cannot and did not render legal advice on her behalf. Each party has carefully read this Agreement and is completely aware not only of its contents but also of its legal effect. Each party acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal Agreement and/or Agreements. 21. Waiver of Rights to Other Party's Estate. Except as provided for herein, in the event that the parties divorce, HUSBAND and WIFE each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; B. To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; C. To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; D. To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E. To claim a family allowance in the estate of the other. In the event the parties are not divorced at the time of their death, they understand the survivor will be considered a surviving spouse, and will therefore receive any and all benefits available to a surviving spouse. 22. Containment of Entire Agreement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. 23. Partial Invalidity. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 24. Effect of Reconciliation. Cohabitation or Divorce Decree. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to the parties. This Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights and enforcement under applicable law including the Pennsylvania Divorce Code. This Agreement shall also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation. 25. Modification. This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a writing between both parties evidencing their intent to modify the Agreement. 26. No Waiver of Default. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 27. Attorneys Fees and Expenses. Each party shall be responsible for their own attorneys fees and expenses. 28. Mutual Cooperation. Each of the parties shall, on demand, execute and deliver to the other, any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or cause to be done any other acts or things as 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. 29. Bankruptcy. Each of the parties acknowledges and agrees that with respect to the liabilities each is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended for such party's maintenance and support or for the maintenance and support of such party's dependents. Should either party file a Petition under Title XI of the United States Code, or should a petition be filed against either involuntarily, each party acknowledges and agrees that the discharge of the debtor party's obligations under this Agreement will not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party. 30. Law of Pennsylvania Applicable. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 31. Date of Agreement. The effective date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise, the effective date will be the date that both parties execute the Agreement if they execute on the same date. 32. Successors and Assigns. This Agreement, except as otherwise expressly provided herein, shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors and interest of the parties. IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. WITNESS: JLa~~ t xi~ /.~ < j () Date lc dODO I t{WIiL CL y~ S. MIL ER G?~ ""~i~' oL~ RONNA L. MILLER $~f4~ ~/ . ,je/1Y G / ;JCOu Date :135542 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Notarial Seal "', ~ ," ,. 'I",..,,! (;IIllhllc 8~I(l,n r :-'l". I","' . ,,"., 'ulTlbe".' .,v""lY \'i\\",' "u<>. I ~p., "Evpires Sept. 30, 2000 My CommIssion " ss: On this, the G -tf!- day of ~ / LI I 2000, before me the undersigned officer, personally appeared CLYDE S. MILLER, known to' me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~&~12~( - (l ~~h/'-- Notary Public COMMONWEALTH OF PENNSYLVANIA ss: Notarial Seal Brian P. Semder, Notary Public Monroe Twp.. Cumberland County My Commission Expires Sept. 30, 2000 COUNTY OF ,rJJ ~/ On this, the b day of -1 c.A 'f; , 2000, before me the undersigned officer, personally appeared RONNA L. MILLER, known t me or satisfactorily proven to be the person whose name IS subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~tLI~ P 4~ Notary Public ,-------- Q c '} ':'\ ...., 'c. rY' :> Q ~ c.:.. (j) -< 0\ ~ ~ ~ ~~: -'"'" ---' -- Z -:.~ -- ........l N . , -< c ,,~., I"- _'J -"..: ~ t - -~_.-.,..,-,.-'--""- ------------ CLYDE STEVEN MILLER, IN THE COURT OF CG1MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2001-4312 CIVIL TER'1 vs. RONNA L. MILLER, Defendant 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Certified mail, restricted delivery to the Defendant on July 25, 2001 and received by the Def~nrli'mt nn July 25. 2001 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 the plaintiff November 13, 2001 by the defendant October 23, 2001 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: The Property Settlement Agreement dated July 6, 2000 shall be incorporated into the Decree in Divorce. 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)(l)(i) of the Divorce Code Waivers of Notice filed concurrently herewith and signed by Plaintiff on November 12, 2001 and by Defendant on October 23, 2001. tf~i0:0\ W .~ Attorney for Plaintiff~ Keirsten W. Davidson Atty 10 #78243 0 C) 0 c: - ~:.: -... ,..-A',.,..,. -c CT' ':::J I_I - ~-! r;"-!f. ,- <: "-<j'" - ~- ...~ 0. -7 <. -'- cr'. en ~- -- r:::. :;:.;:., ~ ~8 ::r: - Pc:. - - z -';:-' "'- ':---..) "--' :.< ..-', N -<. ~ ) Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CLYDE STEVEN MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2001- "Ill ~ CIVIL TERM CIVIL ACTION - LAW v. RONNA L. MILLER, IN DIVORCE Defendant 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 pages 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 Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CLYDE STEVEN MILLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2001- '-/3/;2..... CIVIL TERM v. CIVIL ACTION - LAW RONNA L. MILLER, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Clyde Steven Miller, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Ronna L. Miller: 1. The Plaintiff is Clyde Steven Miller, an adult individual, residing at 1500 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Ronna L. Miller, an adult individual, residing at 925 W. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on September 6, 1980 in Cumberland County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301 (c) of the Divorce Code. JOHNSON, DUFFIE, STEWART & WEIDNER BY~W,~ Keirsten W. Davidson :140142 Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiff CLYDE STEVEN MILLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2001- CIVIL TERM v. CIVIL ACTION - LAW RONNA L. MILLER, IN DIVORCE Defendant AFFIDA vir CL YDE STEVEN MILLER, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court, 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. 94904, relating to unsworn falsification to authorities. Date: 7-12-01 . . VERIFICA TION I verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A 94904, relating to unsworn falsification to authorities. Date: 7-12-01 p~ .cq. .~ - - 0 ~ -.l ,...... ~ ~ Q <rt ~ ~ ~. - {'-. - . . .-0 d ..- CI) 0 tI1 d - . ......... ~ ?J q \) i IS' ~ - \ 7 t<) - . ~ ., ~ .. ~ .. -..-' ~ -v '3 ~ .. . . Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson J.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CLYDE STEVEN MILLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 4312-S-2001 v. CIVIL ACTION - LAW RONNA L. MILLER, IN DIVORCE Defendant CERTIFICA TE OF SERVICE I hereby certify that on the 25th day of July, 2001, I served a true and correct copy of the foregoing Complaint in Divorce upon the Defendant, Ronna L. Miller, by certified mail, restricted delivery, to her mailing address at 925 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, return receipt requested, attached hereto and made a part hereof. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY:~A )& Keirsten W. Davidson :140142 ---, ~~ _.. . . . I.... . ..' .' . ." '..,.. .'. m[ . ~ RONNA L MILLER _ I , J', rr1 LJ1 LJ1 postage $ Certified Fee LJ1. ru o o Return Receipt Fee (Endorsement Required) Restricted Delivery, Fee (Endorsement ReqUired) C1 C1 JI o Total postage & Fees $ Recipient's Name (Please Print Clearly) (to be completed by mailer) RONNA..L.MILLER....................-.....-..--.--. 'Street, Apt. No., or PO Box No o o o ("- .Clj2fireW1IDlf..TRIND1.E..Rom....... . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: SENDER: COMPLETE THIS SECTION x D. Is d livery address different from item 1? If YES, enter delivery address below: RONNA L MILLER 925 WEST TRINDLE MEGIANICSBURG PA ROAD 17055 3. Service Type ~ertified Mail o Registered o Insured Mail o Agent o Addressee DYes o No o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Copy from service label) 70000600002555360663 PS Form 3811, July 1999 Domestic Return Receipt , , 'Yes 102595-99-M-1789 0 C' 1:-) r:; I , 0 ~ ._j -::J r.i", 6S nl; ~ -/ ....... ;;:. or> , ..+ '. ~8 --. 5>c: -j ~ ~ . ;.... ~ C .:.:~: ~ ~ Johnson, Duffie, Stew3Ft & Weidner By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CLYDE STEVEN MILLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2001-4312 Civil Term v. CIVIL ACTION - LAW RONNA L. MILLER, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on July 16, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree, 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. 94904 relating to unsworn falsification to authorities. Date: :151066 Q ~:. ......."1-;:::;.:- v"J n.~l r i--" ~;."'.' ,.i!..~ ~ -:......,..t., (.n L :.<, ~- ~E s S! c:) 0-' 2:: ~'" - ,,) ::0 -< Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson J.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CLYDE STEVEN MILLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2001-4312 Civil Term v. CIVIL ACTION - LAW RONNA L. MILLER, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: No I. /2- J ZCO I , JtiL :151066 o ~~ -or'-' Q\i:~ ~;:;~~: t7:) '1-" ~~ >c: ~ c::. ~~ ',:::> "4~.-'" C) :::- "'0 Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson J.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CLYDE STEVEN MILLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2001-4312 Civil Term v. CIVIL ACTION - LAW RONNA L. MILLER, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on July 16, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request thai tile Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. 94904 relating to unsworn falsification to authorities. Date: I c> I d 3 J D f J (){~ ~~ Ronna L. Miller, Defendant ' :151066 ------- o C -r.) f. !Itl : ~ti C.F) r- ..-c' c. I~ ~ c-, ',::) ~r. c~ :::~ - - N ----- - Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CLYDE STEVEN MILLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2001-4312 Civil Term v. CIVIL ACTION - LAW RONNA L. MILLER, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statemems herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: I 0 I ~ 5 I 0 ( , I M~'iA'-f}~h/;~ Ronna L. Miller, Defendant :151066 Q c ;:~.... ..-c ~- f' ~\ {":,'-\ 7-'~' -:,,'- \" .f>- ' ~~.~:-: l~(: )"'C.. ~ -<. !::::} -:;1": ':~~ (~'- .I ' --n ~': --- - ,..-...) ..--\ ~