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HomeMy WebLinkAbout87-0022IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ~ PeNNA. Plaintiff Versus --gapy--L-~---Milter-~ .................................................... ............................... D_e_f_e__. dant ............................. DECREE IN., I~IVORCE_ AND NOW, .............. it is ordered decreed that ~j ................. . ....................... plaintiff, and ................. G..ary. L....Mil!e..r .......................... defendant, ore 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; The parties Settlement Agreement and a separate Order in reference to child support and alimony are incorporated as a final Order of Court. Prothonotary NANCY J. MILLER, Plaintiff VS. GARY L. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 22 CIVIL 1987 IN DIVORCE AND NOW, this( . day of 987, the Settlement Agreement by and between the parties is ih~orporated as a final Order. Additionally, the Cumberland County Domestic Relations is directed to establish an account for the parties' two minor children, Chad Allen Miller, born February 20, 1971, age 16 and Brett Ryan Miller, born December 19, 1974, age 13, in the sum of $691.01 monthly and an alimony payment of $171.60 monthly to the Plaintiff Nancy Jo Miller for a total of $862.61 per month. The alimony award shall continue for twenty-four (24) months and terminate on April 30, 1989. The Domestic Relations Section of the Court of Co~non Pleas of York County is directed to relinquish jurisdiction of the matter of Nancy Jo Miller vs. Gary Lee Miller, NO. 1682 SA 1985, Court of Common Pleas of York County, and transfer jurisdiction of the matter to the Domestic Relations Section of the Court of Common Pleas of Cumberland County. The Defendant Gary L. Miller shall pay the aforesaid amounts to the Cumberland County Domestic Relations Section as well as the docketing costs and annual service charges. Ail other rights and duties of the respective parties as set forth in the opinion, a photo copy is attached hereto, of the late Honorable Gordon A. Roe are also incorporated into the Cumberland County support matter, to wit: 1. The Defendant, Gary Lee Miller, shall be entitled to claim the children for Federal Tax purposes as dependent deductions. 2. The Defendant, Gary Lee Miller, shall continue to provide full medical coverage available through his respective employer on behalf of the children. 3. The Defendant, Gary Lee Miller, shall pay one-half (1/2) of the counselor fees of Brett Miller. The Defendant shall be responsible for paying these directly to the counselor with ten (10) days after receipt of a bill from the counselor. These pay- ments to terminate upon the termination of counseling. BY THE COURT, -3- SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~1~ day of ~ 1987, by and , between GARY L. MILLER, hereinafter called Husband, and NANCY J. MILLER, hereinafter called Wife; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 9, 1970 in Somerset, Pennsylvania; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have determined to live separate and apart from each other and have consented to a mutual consent divorce; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW, THEREFORE, the parties, intending to be legally bound hereby, agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as admission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apart. 2. Division of Personal Property. The parties have divided between them to their mutual satisfaction the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither will make any claim to any such items which are now in possession or control of the other, except as otherwise set forth herein. Parties agree to see that the autos in their respective possessions are titled in their individual names now or at such time as requested. The following items of marital property shall become the sole and separate property of husband: A. One-half of the net proceeds from the sale of the parties residence plus one-half accumulated interest thereon. B. All right, title and interest in the Roadway Services, Inc. Stock Bonus Plan, which amounted to approximately $37,750.00 at the time of the parties separation. C. All right, title and interest in Roadway Services, Inc. Pension Plan. The following items of marital property shall become the sole and separate property of wife: D. One-half of the net proceeds from the sale of the parties residence plus one-half the accumulated interest thereon. E. The joint savings account at Harris Savings Association plus accumulated interest thereon. 3. Debts. Except for the debts and obligations created hereunder, each party agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her subsequent to the date of separation. If any claim, action or proceeding is hereafter brought seeking to holed the other party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such claim, action or proceedings, whether or not well-founded, and indemnify the other party against any loss or liability resulting therefrom. 4. Alimony. Husband agrees to pay the sum of $171.00 monthly as alimony to Wife for a period of twenty-four (24) months from the date of this Agreement. There is presently pending an appeal before the Superior Court of Pennsylvania on the issue of Wife's entitlement to spousal support as ordered by the late Honorable Gordon A. Roe on February 26, 1986. Husband and Wife agree to execute any andall documents necessary to discontinue the appeal and Husband agrees that he will make no further objection to all spousal support payments heretofore made. 5. Life Insurance. Husband agrees to maintain life insurance or other benefits payable at his death of at least $50,000.00 naming the children as irrevocable beneficiaries until such time as the children are age twenty- three (23) or otherwise have completed their college education. 6. Custody and Support. The parties agree that custody and visitation of their minor children, Chad and Brett, shall provide for primary physical custody in the Wife, with liberal partial custody in Husband as the parties shall agree. As of the date of this agreement, Husbandts partial physical custody is exercised on alternating weekends from Saturday at 9:00 a.m. until Sunday at 7:00 p.m., alternating holidays, and for two weeks each summer to coincide with his vacation. Both parents acknowledge that it is in the best interest of their children that they remain close, in the familial sense, to both parents, and the parties shall confer with each other on all important matters pertaining to the children's health, welfare, education and maintenance, with a view toward obtaining and following a harmonious policy. The parties agree that the support for Chad and Brett shall be as determined through proceedings in the Cumberland County Domestic Relations Office and/or as ordered by a court of competent Jurisdiction. The existing arrearages on the support order shall be paid by Husband at the signing of this Agreement or as soon as a statement of the same can be obtained from the York County Domestic Relations Office. The parties also agree that the existing order shall be transferred to Cumberland County. It is further understood and agreed that Husband agrees to pay on behalf of each child such additional sum or sums as shall be reasonably necessary for payment of tuition, dormitory and/or room and board, and other regular and normal college charges and expenses, and personal allowance so as to enable such child to secure and complete his or her college education. Husband's obligation to so send the children to college shall be in accordance with the Laws of the Commonwealth of Pennsylvania in existence at that time and in accordance with Husband's then financial ability and economic circumstances and the child has, at that time, the desire and aptitude for a college education. Husband shall have the right to approve, in advance, an undergraduate school consistent with his means and ability to pay at the time of such matriculation, which approval shall not be unreasonably withheld. Wife agrees that she will contribute to the aforesaid college expenses giving due consideration to her income and the costs of maintaining a home for any non-emancipated child as well as providing a home for the college child while attending college, either on school breaks or as a coms,uting student. Wife agrees to co-operate in securing any and all alternate resources of financial aid, whether loans or scholarships, which may then be available for the child. 7. Equitable Property. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the matrimonial estate. 8. Release of All Cla~m~. Each party, except as otherwise provided for in this Agreement, releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred, or may be incurred, relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligations under this Agreement or under any instrument or document executed pursuant to this Agreement. 9. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and seek any other remedy allowed in law or equity. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. Waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any subsequent, similar breach or other breaches. 10. Full Disclosure. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the source and amount of the income of such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 11. Divorce. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. It is understood, however, that Wife, as of the signing of this Agreement, has filed an action in divorce in the Court of Common Pleas of Cumberland County, in which she alleges that the marriage is irretrievably broken. Both parties understand and agree that Wife and shall continue to pursue said divorce on the grounds that the marriage is irretrievably broken, and that both parties will execute, deliver and file the necessary affidavits and all other petitions or documents necessary to effectuate the divorce pursuant to Section 201(c) of the Divorce Code. Husband agrees that the marriage is irretrievably broken. 12. Representation of Parties by Counsel. Each party has had the opportunity to have legal counsel to represent each of them in the negotiation and preparation of this Agreement and has either been so represented or has voluntarily chosen not to be represented. Each party has carefully read this Agreement and is completely aware, not only of its contents, but also of its legal effect. 13. 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 the provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 14. Modification and Waiver. Modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as 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. 15. Descriptive HeadinKs. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 16. Successors and Assigns. This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assignees and successors in interest to the parties. 17. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. Order of Court. Agreement to be entered as an Order when divorce is granted. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: (SEAL) ~ ~ - NANCY J. MILLER (SEAL) NANCY J. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : cuMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW GARY L. MILLER, : NO. 22 CIVIL 1987 Defendant : 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 201(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Registered Mail on 7/~7/~" 3. Date of execution of the affidavit of consent required by Sectio~ 201(c) of the Divorce Code: by Plaintiff 5/19/87 ~ by Defendant 5/31/87 4. Related claims pending: None Respectfully submitted, FISHMAN ~ 0' BRIEN Robert L. O'Brien, Esquire Attorney for Defendant NANCY J. MILLER, Plaintiff vs GARY L. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. S 1986 PRAEC IPE TO LAWRENCE E. WELKER, PROTHONOTARY: Please withdraw the claims for equitable distribution (Court II), alimony (Count III), alimony pendente lite and counsel fees and expenses (Count IV), and indignities (Count V) filed by the Plaintiff, Nancy J. Miller, in the above matter. ANDES & VAUShqN /Q Samuel L- Andes Attorney for Plaintiff NANCY J. MILLER Plaintiff VS. GARY L. MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 22 CIVIL 1987 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 201(c) of the Divorce Code was filed on 15 June 1955. 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. 4. 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. 5. I have been advised of the availability of marriage counse- ling, understand that the Court maintains a list of marriage counse- lors 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. Section 4904 relating to unsworn falsifi- cation to authorities. Date NANCY J. MILLER Plaintiff vs. GARY L. MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 22 CIVIL 1987 IN DIVORCE AFFIDA¥IT OF CONSENT 1. A Complaint in Divorce under Section 201(c) of the Divorce Code was filed on 15 June 1985. 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. 4. 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. 5. I have been advised of the availability of marriage counse- ling, understand that the Court maintains a list of marriage counse- lors 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. Section 4904 relating to unsworn falsifi- cation to authorities. Date NANCY J. ~II4'LER ~ r'~t_LD-UF FtCL OF THE CUMBER[ AN[~ OOUNTY PENNSYLVANIA A,~ ~ II cz AM'8? "/ear 85 o ' 22 0 // 02 i k ¥~/¢ D Defenda~t' NANCY J. MILT.ER 408 Centerview Ave. New cumberland ,Pa versus GARY L. M.IT,T,~ 408 Centerview Ave. New Cumberland, Pa. June 13, 1985- And now, to wit, Junel3, 1985- Notice asto counseling, required by Section 202D of the Divorce Code, as amended Julyl, 1983, was attatched to the pleading to be served by the opposite party. Stacia N. GAtes, Prothy. Count II- Equitable' Distribution Count III- Alimony Count IV- Alilmony Pendente lite and counsel fees and expenses Count V- Indignities ( ) Irretrievably ~XX ) Broken ( ) : ,,, qHF. Dec. 31, 1986-Motion Requesting a Change in Venue Robert L. O'Brien, Esq., and Samuel L. Andes, Esq., and Order filed: And Now, To Wit, this 31st day of December, 1986, it is ordered and directed that the above captioned case is tran.~f~rred to the Court of C~,,,Dn Pleas of Cumberland County, Pennsylvania. The costs and fees for the transfer and fees for the transfer and r~noval of the records shall be paid by the ~Dc~cndant. t~OEC£ ( .... f:.' 2:.' "~:~% /¢..'.L,D By the Court, ..... - .... ,tS Richard H. Horn, Judge DECREE 62 J.~ ..'.; .:; ....... : .... Entry fee paid $30.00 ~z]ministration fee paid $35.00 NANCY J. MILLER, : P lain ti f f : : VS. : : GARY L. MILLER, : Defendant : IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 85SU022 30-02D IN DIVORCE ORDER AND NOW, this ~/~day of December, 1986, it is Ordered and Directed that the above captioned case is transferred to the Court of Co~non Pleas of Cumberland County, Pennsylvania. The costs and fees for the transfer and removal of the records shall be paid by the defendant. ~C --( NANCY J. MILLER, P lainti ff Vs. GARY L. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 85SU02230-02D IN DIVORCE MOTION REQUESTING A CHANGE IN VENUE AND NOW, comes the parties to the above named action and make the following motion requesting transfer of this matter to the Court of Common Pleas of Cumberland County, Pennsylvania. 1. Since the initiation of this divorce action in your County, the parties have both changed their residences. Gary Lee Miller presently resides at 455 Garden Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The plaintiff, Nancy Jo Miller, currently resides at 35 ~press Circle, Etters, York County, PennSylvania, 17319. 2. The plaintiff, Nancy Jo Miller, is employed b L~yn~S~ chool District located in Cumberlad County. The defendant, ~(~D L~ currently employed by Roadway Express, Camp Hill, Cum~er~d~mo~y, Pennsy~ vania. 3. The parties attorneys, Samuel Andes, Esquire, for the plaintiff, and Robert L. O'Brien, Esquire, for the defendant, both maintain their offices in Cumberland County. The parties wish to have venue of this matter transferred to Cumberland County due to the husband's residence in that county as well as the convenience of that forum for the anticipated litigation due to the presence of counsel as well as the fact that the parties work within the County. WHEREFORE, Plaintiff and Defendant through their attorneys respectfully request that your Court Order and direct that the above captioned case be transferred to the Court of Common Pleas of Cumberland County, Pennsylvania. Any costs and fees for the transfer and removal of the records shall be paid by the defendant. Respectfully submitted, Robert L. O'Brien, Esquire FISHMAN & O'BRIEN Attorneys for Defendant amue± L. Andes, Esquire ANDES & VAUGHN Attorneys for Plaintiff I verify that the statements made in this Motion are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswor~ falsification to authorities. Dated  Miller Nancy j~ ~4iller -2- 8TEVEN O. FISHMAN R.OBER.T L. O'BRIEN LAW OFFICES l~I ~ H~IA~ ~ 155 SOUTH HANOVE~ STREET CA~LISLE, PENNSYLVANIA 17013 ~ce~er 2, 1986 (717) 249-6873 The Honorable Richard H. Horn Court of Common Pleas York County Courthouse York, PA 17401 Re: Miller v. Miller No. 85SU02230-02D, In Divorce Dear Judge Horn, Enclosed please find my cover letter with notation and photocopy that was returned by the Prothonotary. I note that your memorandum is directed towards petitions presenting questions and issues other than the mere transfer of the case from your county to Cumberland County. As the Motion indicates, the venue for the divorce action lies in both counties due to the Defendant's residence in Cumberland County. The Motion as presented is one in which all parties and their attorneys are in agreement on. To require my presenting the Motion personally would require approximately two hours of travel as well as the time spent with you in Chambers. I would rather avoid having to bill my client for that if at all possible. Accordingly, fom the following reasons, I would respectfully request that you waive the requirement of a personal appearance because of the fore- going circumstances. RLO/ds Enclosures Very truly yours, Robert L. O'Brien STEVEN d. FISHMAN R. OBEI~.T L. O'BR. IEN LAW OFFICES 15~ SOUTH HANOVER STR. EET CARLISLE, PENNSYLVANIA 17013 November 25, 1986 ( 717} 249- 6873 Prothonotary of York County York County Courthouse York, PA 17401 Re: Miller v. Miller No. 1682-SA-1985, In Divorce Dear Prothonotary, Enclosed please find a Petition to transfer a Divorce Case that had been filed in York County to Cumberland County. I would appreciate your forwarding this to the President Judge for his review. transfer. Please contact my office if there are any costs involved in this RLO/ds Enclosure cc: Samuel L. Andes-, Esquire Very truly yours Robert L. 0'Brien Dear Atty. O'Brien, The Motion and proposed Order must be brought to Judge Horn's Office in person as per' Memorandum attached. Also, I noticed our term number is not placed on the documents. The number, given is a number from Domestic R~lations. Sincerely, RICHARD H. HORN JUDGE COURT Of COMMON PLEAS NINETEENTH JUdiCial DISTRICT YOrk COUNTY, PENNSYLVANI'2 ' MEMORANDUM COURT HOUSE YORK, PENNSYLVANIA 17401 RE: TO .- FROM: Policy on Petitions Stacia N. Gates Prothonotary Richard H. Horn, Jud July 11, 1986 It is apparent that out-of-t6wn lawyers will be send- ing to you Petitions in Divorce for Injunctive Relief and Discovery. My policy is that those Petitions requesting Orders of Court or Rules to Show Cause will have to be presented to me in person by the attorney. I shall not accept delivery or presentation from a secretary clerk or para- legal. ' RHH: wmd 41 7 7 t ~'TO~N~YSATL~W 525 NORTH TWELFTH STREET P. O. BOX 168 LE~OYNE, PENNSYLV~ 170~ 25 September 1985 Prothonotary's Office York County Court House York, PA 17401 RE: Miller vs. Miller 2230-S-1985 Dear Mrs. Gates: Enclosed for filing please find Plaintiff's affidavit of serviceby certified mail. Thank you. Sincerely, ANDES & VAUGHN ~ ~~1 L. ~ndes lk Enclosure NANCY J. MILLER Plaintiff VS. GARY L. MILLER Defendant IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ~23~ -S- 1985 IN DIVORCE AFFIDAVIT OF SERVICE BY CERTIFIED MAIL LOU ANN GRISSINGER, being duly sworn according to law, deposes and says as follows: 1. That she is an employee of Andes & Vaughn, attorneys for the Plaintiff herein. 2. That on /~ ~-u~ 1985, she delivered to the U.S. Postal Service in Lemoyne, Pennsylvania, as certified mail (Receipt No. pIO~o~o~ ), return receipt requested, addressed to the Defendant herein, a true and correct copy of the Complaint in Divorce filed in the above-captioned action duly endorsed with a Notice to Defend and Claim Rights. 3. That on ~7~-~*- 198S, she received back from the U.S. Postal Service a return receipt card signed by the Defendant herein. Said card is attached hereto as Exhibit A. Sworn to and subscribed before ~e th~s ~S~ day of ~ , 1985. Notary Public L~,IH I~D~, ~4ot~ry ~ub~. IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNA. CIVIL ACTION - LAW NO. -S- 1985 NANCY J. MILLER, VS. GARY L. MILLER, Plaintiff Defendant COMPLAINT IN DIVORCE ANDES & VAUOHN ATTORNEYS AT LAW NANCY J. MILLER Plaintiff VS. GARY L. MILLER Defendant IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA civi'. ACTION - ,.AW NO. ~ ~ -S$~[ IN DIVORCE NOTICE TO DEFEND You have been sued in court. If'you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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: York County Court House 28 East Market Street York, 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. Court Administrator York County Court House 28 East Market Street York, Pennsylvania Telephone ~B~rS~3oi"ext. 234 NANCY J. MILLER Plaintiff vs. GARY L. MILLER Defendant IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. -S- 1985 IN DIVORCE ~S~ 6DD~O NOTICE OF 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 York County. This notice is to advise you that in accordance with Section 202(d) 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, York County Court House, York, 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. 2 NANCY J. MILLER Plaintiff VS. GARY L. MILLER Defendant IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. -S- 1985 IN DIVORCE CO[4PLAINT IN DIVORCE COUNT I IRRETRIEVABLE BREAKDONN AND NON comes the above-named Plaintiff, NANCY J. MILLER by her attorneys, Andes & Vaughn, and makes the following Complaint in Divorce: 1. The Plaintiff is NANCY J. MILLER, an adult individual who currently resides at 408 Centerview Avenue, New Cumberland, York County, Pennsylvania. 2. The Defendant is GARY L. MILLER, an adult individual who currently resides at 408 Centerview Avenue, New Cumberland, York County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide resi- dents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 9 July 1974 in Somerset, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff requests this Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION 9. 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. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT i ;i ALIHON¥ 10. The Plaintiff has not worked on a regular basis during much of the marriage of the parties, but instead devoted herself to rearing the children of the parties and to making a good and adequate home for the family. 11. The Plaintiff is unable to support herself and is dependent upon the Defendant for financial support and maintenance. 12. The Defendant is employed and enjoys a substantial income and is well able to contribute to the support of the Plaintiff. WHEREFORE, Plaintiff prays this Honorable Court to enter its Order awarding Plaintiff from Defendant permanent alimony in such sums 4 as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she is accustomed. COUNT IV ALIMON~ PENDENTE LITE AND COUNSEL FEES AND EXPENSES 13. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 14. Without competent counsel, Plaintiff cannot adequately pro- secute her claims against Defendant and cannot adequately litigate her rights in this matter. 15. Plaintiff is without sufficient income to support and main- ~ tain'herself during the pendency of this action. 16. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action and to bear the expense of Plaintiff's attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defen- dant to pay her reasonable alimony pendente lite during the pendency of this action and to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. COUNT ¥ INDIGNITIES 17. The Plaintiff avers that the Defendant has committed such heF indignities to the person of the Plaintiff as to render condition intolerable and life burdensome. 5 WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing the Plaintiff and Defendant absolutely. I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4901 (unsworn falsification to authorities). ANDES & VAUGHN Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) NANCY J. MILLER, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of Plaintiff's knowledge, informa- tion, and belief. Sworn to and sub. saribed befo~re me this ~ day of ~ ~, 1985. Notar~ Public~ N~NCY ~Z~MI~LER .... ~ OU ANN ZITTO. No'raw PubliC I emovne, CumkCrl~nd County, My Commission Expires ApriJ ?, NANCY J. MILLER Plaintiff VS. GARY L. MILLER Defendant IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. -S- 1985 IN DIVORCE AFFIDA¥IT OF MILITARY SER¥ICE The undersigned, being duly sworn according to law, deposes and says as follows: 1. That the undersigned is the Plaintiff in the above-captioned divorce action. 2. That the Defendant is not now, and has not been at any time during the pendency of this action to date, on active duty with any branch of the military service of the United States Government, to the best of the knowledge of the undersigned. 3. This Affidavit is given to satisfy the requirements of Pa. R.C.P. 1920.46(b). Sworn to and subscribed before me this 6~ day of ~~ , 1985. Notary Publi~ [em~ne, ~umBerland Count, Pa. my ~m'~si~n ~pires April 7, NAN-C~ J. ~I~.LER --- NOTICE AS TO COUNSELING, REQUIRED BY SECTION 202(D) OF THE DIVORCE CODE, AS A~ENDED JULY 1, 1983, WAS ATTACHED TO THE PLEADING TO BE SERVED ON THE OPPOSITE PARTY. PROTHONOTARY S~UEL L. ANDES Stacia Gates, Prothonotary York County Court House York, Pennsylvania 17401 J~Ii~DE$ AND ¥'AUGHN 5~5 NO~TH TWElFTh' STREET P. O. BOX A- 168 LE~O~N~ ~ENNSYL~ 17~ 12 June 1985 CODE 717 '/01- 5861 RE: Nancy J. Miller vs Gary L. Miller Dear Mrs. Gates: Enclosed please find an original and one copy of a Complaint in Divorce, together with my check for the filing fee. Please file the original Complaint and return a certified copy to me so I can make service upon Mr. Miller by certified mail. Thank you for your attention to this matter. Sincerely, ANDES & VAUGHN ~uel L. Andes lag Enc lo sure