Loading...
HomeMy WebLinkAbout87-0081SHIRLEY A. MILLER, Plaintiff J. ELVIN MILLER, SR., De fendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 81 CIVIL 1987 IN RE: PROTECTION FROM ABUSE ORDER OF COURT AND NOW, February 26, 1987, at 4:15 p.m., the court after hearing in which the plaintiff was represented by Frances DelDuca, Esquire, and the defendant having appeared without counsel, after hearing the testimony the court makes the following order: (1) The defendant, J. Elvin Miller, Sr., is directed to refrain from any abuse of his wife, Shirley A. Miller. (2) The defendant, J. Elvin Miller, Sr., shall not harass Shirley A. Miller by phonecalls either at home or at work, and; (3) The defendant, J. Elvin Miller, Sr., is excluded from the premises at 400 Easy Road. This order shall remain in full force and effect for a period of one (1) year. Counsel for the plaintiff shall give a copy of this order to the North Middleton Township Police Department. B~ ~he Co~rt,~ ~~ HaYold E. Sheely, p.Wo. Frances DelDuca, Esquire For Plaintiff J. Elvin Miller, Sr. Pro se :cfd SHIRLEY A. MILLER, plaintiff Vi. In d~e Cour~ oi Common Pleas of C ~,mt.~rland Co,.mt¥, c~. ~87 81 CIVIL ACTION - LAW '-' Defendant '-' j ................ ..................... cIPE TO ENTER APPEARANCE ..................... _..~_R.~ ................ _ ~~ as counsel for Please enter the appearanCe of the Family Law u~''*- Defendant, 3. ELVIN MILLER, SR., in the above-captioned matter. pro~hono~mrY To Lawrence E. Welker ; .... ................... iL '~ ~ '~ / ~ __ ..... ..... :.- ....... ........ SuperVising Attorney SHIRLEY A. MILLER, Plaintiff vs. J. ELVIN MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 81 CIVIL 1987 IN DIVORCE CERTIFICATE OF SERVICE I, WILLIAM V. RIGGENBACH, student attorney, Family Law Clinic, hereby certify that I have served a true and correct copy of a Praecipe to Enter the Appearance of the Family Law Clinic on behalf of Defendant, J. Elvin Miller, Sr. on Frances H. Del Duca, Esquire, counsel for Plaintiff by depOsiting a copy of the same in her folder maintained at the Cumberland County Courthouse this ~ ~ day of May, 1987. W~LIA V. RIGGEN~ SHIRLEY A. MILLER, Plaintiff J. ELVIN MILLER, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 81 CIVIL 1987 IN DIVORCE CERTIFICATE OF SERVICE I, SCOTT D. MOORE, student attorney, Family Law Clinic, hereby certify that I have served a true and correct copy of Petition of defendant, J. Elvin Miller, Sr., for Equitable Distribution of Marital Property on FRANCES DELDUCA, ESQUIRE, at 10 W. High Street, Carlisle, 17013, by depositing same in the~United States mail, first class postage prepaid, this 4th day of August, 1987. ~~/M~O~ ~~ E SHIRLEY A. MILLER, Plaintiff VS. J. ELVIN MILLER, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 81 CIVIL 1987 IN DIVORCE PETITION OF DEFENDANT, J.ELVIN MILLER, SR., FOR E~_ITABLE DISTRIBUTION OF MARITAL PROPERTY Defendant, J. ELVIN MILLER, SR., by his attorneys, the Family Law Clinic, petitions this Court for equitable distribution, pursuant to Pa. R.C.P. 1920.15, and avers the following in support thereof: 1. On January 13, 1987, Plaintiff filed a Complaint for Divorce under Sections 201(a)(6) and 201(c) of the Divorce Code. 2. No other claims are raised in said Complaint. 3. Pa. R.C.P. 1920.15(b) provides as follows: The defendant may file to the same term and number a subsequent petition raising any claims which under the Divorce Code may be joined with an action of divorce or for annulment. The averments shall be deemed denied unless admitted by an answer. 4. Defendant claims as marital property subject to equit- able distribution upon dissolution of the marriage, home furnishings, personal property and such other marital property acquired during the course of the marriage which is subject to equitable distribution. 5. Defendant believes and therefore avers that he is entitled to an equitable portion of the marital property acquired during the eight year period in which Plaintiff and Defendant were married and living together. WHEREFORE, Defendant prays your Honorable Court to enter a decree dividing the marital property equitably between the parties. Date Respectfully submitted, Student Attorney ~OBERT E. RAINS THOMAS M. PLACE Supervising Attorney FANCILY LAW CLINIC 150 South College Street Carlisle, PA 17013 717/243-8897 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I verify that the statements made in this Petition are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.~4904, relating to unsworn falsification to authorities. J~ELVIN MILLER, SR. Date ~ ~ ~ SHIRLEY A. MILLER, Plaintiff V J. ELVIN MILLER, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 81 CIVIL 1987 IN RE: CONTINUANCE ORDER OF COURT AND NOW, February 4, 1987, the court having been informed that service was not made on the defendant, hearing scheduled for Wednesday, February 4, 1987, at 3:00 p.m., is hereby continued until Thursday, February 26, 1987, at 3:30 p.m. By the Court, Frances H. Del Duca, Esquire For the Plaintiff : pbf In the Court o{ Common P~eas of Cumberland County, Pennsyi"ania ......... ~__l ..... ' ....... ~,,~. ~-: Prothonotary -~, ',:.~,~ ~ .......... ............. ::.~: ....... : ....... ~ SHERIFF' S RETURN COMMONWEALTH OF- PENNSYLVANIA COUNTY OF CUMBERI2UND Shirley A.Miller VS In the Court of Common Pleas of Cumberland County, Pennsylvania No. 81 Civil 1987 Order Petition For Protective Order J.Elvin Miller Sr. Paul W.Zei~ler ~~ or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, :hat he sarved the within J. Elvin Miller Sr. upon EST /~, on the 9th Order Petition For ProtectiveO_y~_Q~ , the defendant, at 9:00 day of February Cumberland County ¼rison, Carlisle (street number) (city or ~own) J.Elvin Miller Sr. o'clockA M. 19 87 ..., at · Cumberland County, Pennsylvania, by handing to a true and attested copy of the and at the same ~ime directing Order Petition For Protective Order his attention to the contents ~hereof and the "Nd~ice to Plead" endorsed thereon. Sheriff's Costs: Docketing 14.00 Service 8.56 Affidavit 2.00 Surcharge 4 24.56 pd. by Sworn and subscribed before me this ~/3~ day of ~ atty 2-9-87 19 Y? _ A.D. answers ~. SO :~ WILLIAM K. BECK, Sheriff Prothonotary SHERIFF ' $ RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBER~ Shirley A. Miller In the Court of Common Pleas of Cumberland County, Pennsylvania No. 81 Civil 1987 Order Petition For Protective Order VS J.Elvin Miller Sr. WILLIAM K. BECK, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant Order Petition For Protective Order to wit: ~ him J.Elvin Miller Sr. but was unable to locate Order Petition Fo~ Protective Order in his bailiwick. He therefore returns the J. Elvin Miller Sr. NOT FOUND, as to the within named defendant, Sheriff's Costs: Docketing 14.00 Service 6.56 Affidavit 2.00 Surd~arge $ 22.56 pd by atty 2-4-87 Sworn and subscribed to before me this ~ _day of ~f _ 19 A.D. Prothonotary So answers: ~L~-~AM K. BEC~'Sheri .... SI'II-R--LE¥ A. ~I LLER ..... d._. ELVIN MILLER PRAECIpE ............. z9 87 [4ILLIAM V. RI~gENBAci. i SUperv.o~_ AIMS ................. ~.ng Attorney FAMILy LAM CLINIC ]50 ~outb College Carlisle, PA ]70]3Street 7~7/243-8897 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 81 CIVIL 1987 SHIRLEY A. MILLER V. J. ELVIN MILLER, SR. PETITION FOR PROTECTIVE ORDER FRANCES H. DEL DUCA AttORneY AT law TEn WEST HIGh STREET CARLISLE, PENNSYLVANIA 17013 SHIRLEY A. MILLER v. J. ELVIN MILLER, SR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 81 CIVIL 1987 PETITION FOR PROTECTIVE ORDER ORDER AND NOW, this ~~day of January, 1987, upon presentation and consideration of the within petition, the following order is entered. Respondent J. Elvin Miller, Sr. is hereby enjoined from visiting or harassing Shirley A. Miller. It is hereby ordered that a hearing on said petition be held ~~c~t~'" ~/ , 1987, in Court Room # / at on Cumberland County Court House, Carlisle, Pennsylvania. SHIRLEY A. MILLER V. J. ELVIN MILLER, SR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 81 CIVIL 1987 PETITION FOR PROTECTIVE ORDER PETITION FOR PROTECTIVE ORDER TO THE HONORABLE, THE JUDGES OF SAID COURT: The petition of Shirley A. Miller avers as follows: 1. Petitioner is an adult individual residing at 400 Easy Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is an adult individual who formerly resided at 400 Easy Road, Carlisle, Pennsylvania, and whose present address is unknown to petitioner. 3. The parties were married February 10, 1979, in Enola, Cumberland County, Pennsylvania. 4. The abusive incidents are as follows: (a) On January 20, 1987, at 400 Easy Road, respondent terrorized petitioner by picking up a butcher knife and telling petitioner that he intended to do away with her and himself. (b) That some time after respondent was removed from. the trailer at 400 Easy Road by police, he called 12 times threatening to blow up the trailer with her in it. (c) Respondent left the trailer at 10:45 p.m. and spent the night with a friend. Petitioner is fearful and upset because of respondent's actions. WHEREFORE, petitioner requests the court to enter a protection from abuse order, ordering the respondent to: a) refrain from abusing the petitioner; b) refrain from harassing the petitioner; c) remain away from 400 Easy Road; and d) any other relief the court may deem necessary. Respectfully submitted, ....... ~aan:~ . ~el Duca Attorney for Petitioner 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 19 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: ~//~ ~j /~ ~'~~v-~'~/~· ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. ~/ CIVIL 1987 SHIRLEY A. MILLER V. J. ELVIN MILLER, SR. COMPLAINT IN DIVORCE FRANCES H. DEL DUCA AttORNEY AT LAW TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 SHIRLEY A. MILLER V. J. ELVIN MILLER, SR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~/ CIVIL 1987 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 of 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, 17013 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, Third Floor Cumberland County Courthouse Carlisle, Pennsylvania, 17013 Telephone: (717) 249-1323 ey for Plaintiff Ten West High St. Carlisle, PA 17013 SHIRLEY A. MILLER v. J. ELVIN MILLER, SR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~/ CIVIL 1987 IN DIVORCE COMPLAINT UNDER SECTION 201(a) AND 201(c) OF THE DIVORCE CODE 1. Plaintiff is Shirley A. Miller, an adult who resides at 400 Easy Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is J. Elvin Miller, Sr., an adult who resides at 400 Easy Road, Carlisle, Cumberland County, Pennsylvania. 3. Both plaintiff and defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. Plaintiff and defendant were married February 10, 1979, in Enola, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken, or in the alternative that defendant has offered such indignities to the person of the plaintiff, the injured and innocent spouse as to render her condition intolerable and life burdensome. 7. Plaintiff requests the Court to enter a decree in divorce. 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., Section 4904, relating to unsworn falsification to authorities. January/~ , 198~. ~~~j~- ~~ ~ Shirley A. ~iller, Plaintiff Frances H. Del Duca Attorney for Plaintiff SHIRLEY A. MILLER :: :: V. :: :: J. ELVIN MILLER, SR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL 1987 IN DIVORCE AFFIDAVIT SHIRLEY A. 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 Domestic Relations 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. SUBSCRIBED and sworn to before me this/~ day of ~.~, 198~. NOtary Pubic ' ' ~ - ~ i SENDER: Complete items 1, 2, 3 and 4. '11 Put your address in the "RETURN TO" space on the reverse side. Failure to do this will prevent this card from being returned to you. _The return receipt fee will provid~ you the name of the person delivered to and the date of del_~ive_~_~ For additional fees the following services are available. Consult POStmaster for fees end check box(es) for service(s) requested. 1. ~ Show to whom, date and address of delivery. 2. [] Restricted Delivery. ~ Registered I-] insuredl ~Certified E] COD /~/~ 9 ~G p ~.~ -J Express Mail ~lway~tain signature of addressee_3i~l~nt and ~,AT~ D~L IVER ED~. .-. Sij3natl~re - Addressee /'~' .. ~;gnature -- Al~nt X · Addreesee's Addrees (ONLYtfreque~tedandfee paid)