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HomeMy WebLinkAbout02-1209Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaint/ff MARIBEL MILLER, PLAINTIFF, V. JOSEPH A. MILLER, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. Oa-laOfl : : : 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 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, Cumberland County Courthouse, One CourthOuse Square, Carlisle, PA 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the 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 (20) of the date on which you received this notice. Failure to do so will constitute a waiver of your right to request counseling. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 1-800-990-9108 Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & WlCKERSHAM 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff MARIBEL MILLER, PLAINTIFF, V. JOSEPH A. MILLER, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO § 3301(c) OR §3301(d) OF THE DIVORCE CODE AND NOW COMES the Plaintiff, Maribel Miller, by her attorneys, Jeffzey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham, and states the allegations of this Complaint, as follows: 1. The Plaintiff, Maribel Miller, is an adult individual who currently resides at 6005 Eberly Drive, Borough of Mecharficsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Joseph A. Miller, is an adult individual whose last known address is 6005 Eberly Drive, Borough of Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff has been bona fide residents in 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 May 9, 1992, in Rio Piedras, Puerto Rio. Plaintiff avers that there are no children of this marriage. The Plaintiff and Defendant are both citizens of the United States The Plaintiff is an active member of the Pennsylvania Army National Guard, 28th Infantry Division; the Defendant is not an active member of the armed forces of the United States of America or any of its allies. 8. The Plaintiff avers that she has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 9. No written separation agreement concerning the division of marital property between Plaintiff and Defendant has been made. 10. The parties may enter into a written agreement with regard to property division, in which case such agreement may be merged or incorporated into the Final Decree of Divorce. 11. There have been no prior actions of divorce or annulment between the parties with any Court in this Commonwealth. 12. The causes of action of the Divorce Code under which Plaintiff is proceeding are, as follows: A.Section 3301(c): The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. B. Section 3301(a)(6): The Plaintiff, Maribel Miller, has suffered such indignities to her, the innocent and injured spouse as to render her condition intolerable and life burdensome. WHEREFORE, the Plaintiff respectfully requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. DATE: March ~[ ,2002 BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: Jet~e~ k. Boswell, Esquire VERIFICATION I, Madbel Miller, Plaintiff, hereby verify that the facts contained in the foregoing Motion are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Dated: March ~r ,2002 Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff MARIBEL MILLER, PLAINTIFF, JOSEPH A. MILLER, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1209 : _. : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF DAUPHIN : Jeffrey R. Boswell, Esquire, being duly sworn according to law, deposes and says that I am a competent adult, and that I mailed a copy of the Complaint in Divorce on the Defendant, Joseph A. Miller, on March 12, 2002. The Defendant received the Complaint on or about March 28, 2002, as evidenced by the attached return receipt card attached hereto. Sworn to and subscribed before me this 2"d day of April, 2002 Notary Public My Comnfission Expires: Boswell, Esquire IIR JOSEPH A MIL~.~-- G005 EBERLy ~ ,w~zs~2 A C. Signature O C.O.D. 4. Re~ ~tve~ ~.xe. Fee) i1~1~ 7op~iII)QP--~/(op;~/p)65HII[99~5/) ,~ ,, ~ 3811, July 1999 DomeSUc Return Receipt MARIBEL MILLER, Plaintiff JOSEPH A. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO~TY, PENNSYLVANIA NO. 02-1209 civil Term 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 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, PA. 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 HAY 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 ()NE, 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, PA 17013 (717) 249-3166 1-800-990-9108 DEFENDANT'S ANSWER & COUNTERCLAIM ANSWER 1. Denied. Defendant does not know where Plaintiff lives. She has not lived at the stated address since February, 2002. 2.-6. Admitted. 7. Defendant is not aware of Plaintiff's National Guard status. The rest of this paragraph is admitted. 8. No response is required. 9. Admitted. 10. No response is required. 11. Admitted. 12A. Admitted. 12B. Denied. To the contrary, Plaintiff deserted Defendant without any legal cause whatsoever. Wherefore, Defendant respectfully requests that this Honorable Court enter a no-fault Divorce between the parties. COUNTERCLAIM COUNT II Request for Equitable Distribution of Marital Property Under ~3502 of the Domestic Relations Code 13. Defendant hereby incorporates Paragraphs i through 12 of his Answer as if fully set forth herein. 14. The parties are owners of marital property subject to equitable distribution. 15. Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties and the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Honorable Court enter an Order of Equitable Distribution of marital property and marital debts pursuant to §3502 of the Domestic Relations Code. ~/ 6005 Eberly Drive Mechanicsburg, PA 17050 (717) 691-4739 VERIFICATION I hereby verify that the statements made in the foregoing document 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. H A. MILLER CERTIFICATE OF SERVICE I certify I have this date served or caused to be served a true and correct copy of the within document to attorney for Plaintiff by mailing it by U.S. Mail., postage prepaid at Harrisburg, Pennsylvania addressed to: Jeffrey R. Boswell, 315 North Front St. P.O. Box 741 Harrisburg, PA DATED: 9/25/03 Esq. 17108-0741 /J6SEISH A~ MILLER MARIBEL MILLER, Plaintiff JOSEPH A. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1209 Civil Term DIVORCE AFFIDAVIT OF CONSENT AND CONSENT TO BI~UaCATIO)! 1. A Complaint in Divorce was filed under Section 3301 (c) of the Divorce Code on March 12, 2002. 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 Bifurcated Decree in Divorce under §3301(c) (no-fault divorce), with all remaining property at a point in time and economic matters to be thereafter. resolved I understand that false statements subject to the penalties of 18 Pa.C.S. Section unsworn falsification to authorities. herein are made 4904, relating to Dated: 10/1/03 ~oSEpH A. MILLER ' MARIBEL MILLER, Plaintiff JOSEPH A. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1209 civil Term DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights 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 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. 4. I verify that the statements made in the foregoing document 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. Dated: 10/1/03 J6SEP{{ a.' MILLER MARIBEL MILLER, Plaintiff VS. JOSEPH A. MILLER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 1209 CIVIL IN DIVORCE ORDER OF COURT 2004, the AND NOW, this ~ ~ ~ ~ -) day of L~,.~z~ y economic claims raised ±n the proce~)~lings ha g been resolved in accordance with a marital settlement agreement and an addendum dated January 20, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, CC: ~effrey R. Boswell Attorney for Plaintiff Kenneth F. Lewis Attorney for Defendant ADDENDU~ TO ~.~%R~T~,.,L SETTLF~ENT A~REEI~ENT BETWEEN I,fl~R~BEL ~ILLER ~%~'D ~OSEPH ~o H~LLER 1. Section IV: C. "Bank Accounts" Paragraph #2 is deleted as this joint checking account no longer exists. 2. Section IV: H. "Real Estate" 1. (e) shall be amended as follows: Husband shall be the sole owner of the marital residence. Wife shall convey her interest to Husband without remuneration at such time as Husband refinances the property or in any other way ensures Wife is no longer responsible for any liens or other costs regarding the property. J~SEPH A. MILLER MAI~I BEL MILLER m:\home\irb\flamily\miller maribel msa.wpd Draft 4 ~/16/04 MARITAL SETTLEMENT BETWEEN MARIBEL MILLER AND JOSEPH A. MILLER Jeffrey R. Boswell, Esquire Kenneth F. Lewis, Esquire Counsel for Maribel Miller Counsel for Joseph A. Miller SECTION I INTRODUCTION THIS AGREEMENT made this ~0ff~ day of January, 2004, by and between Maribel Miller ("Wife") and Joseph A. Miller ("Husband"). WITNESSETH: WHEREAS, Maribel Miller, Social Security Number 152-68-3401, was born on August 14, 1969, and currently resides in Dauphin County, Penn sylvania. WHEREAS, Joseph A. Miller, Social Security Number :213-86-1746, was born on June 21, 1965, and currently resides in Cumberland County, Pennsylvania. WHEREAS, the parties hereto are Husband and Wife, having been married on May 9, 1992, in Rio Piedras, Puerto Rico and having been separated in February, 2002.. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound agree, as follows: SECTION II GENERAL PROVISIONS A. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. B. EFFECT OF DIVORCE DECREE The parties agree that unless other wise specifically provided, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. C. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. D. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. E. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Jeffrey R. Boswell, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Kenneth F. Lewis, Esquire. The parties acknowledge that they fully understand the fact and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. F. TAX PROVISIONS 1. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 2. The parties have heretofore filed joint federal and state tax returns for tax years ending December 31, 2001. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from any against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. G. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. H. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement. 1. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony, equitable distribution, counsel fees, costs;, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. 2. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is; the named beneficiary (whether the beneficiary designation was made prior to subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 3. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. I. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of tlhe parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. J. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. K. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver or any breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. L. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the: other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of' execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies of law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code, as amended, inclnding Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically refi:rred to in this Agreement. M. LAW OFPENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance withthe laws oftheCommonwealth of Pennsylvania. N. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. O. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. P. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will (within ten (10) days at most after demand) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable. Q. NO WAIVER 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 in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision be construed as a waiver of strict performance of any other obligations. R. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. S. MANNER OF GIVING NOTICE 1. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to her counsel, Jeffrey R. Boswell, Esquire, Boswell, Tintner, Piccola & Alford, 315 N. Front Street, P. O. Box 741, Harrisburg, PA 17108-0741, or such other address as Wife from time to time may be designate in writing. 2. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to his counsel, Kenneth L. Lewis, Esquire, 1101 North Front Street, Harrisburg, Pennsylvania 17102, or such other address as Husband from time to time may designate in writing. T. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. SECTION III ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS A. ALIMONY The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite, or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from other payment for support, maintenance, alimony penente lite, or alimony. SECTION IV PROPERTY DISTRIBUTION PROVISIONS A. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they haw: previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. B. RETIREMENT BENEFITS 1. The parties agree that Wife shall retain sole ownership and possession of all of her retirement benefits and plans, including her plan or benefits with the Pennsylvania State Employees' Retirement System and the EUR Profit Sharing Plan. However, the parties agree that Husband shall receive, as soon as practicable after the divorce decree is entered, a (rollover) distribution from Wife's EUR Profit Sharing Plan in the amount of $1,000.00. The parties acknowledge that Wife has no vested miliary retirement benefits: on account of her current military service. Husband specifically releases and waives any and all interest, claim, or right that he may have to Wife's retirement benefits and plans. 2. The parties further agree that Husband has no vested rights in any retirement plans, including a retirement/pension plan with WalMart Corporation. Wife specifically releases and waives any and all interest, claim, or right that she may have to any of Husband's retirement benefits or plans. C. BANK ACCOUNTS 1. Husband and Wife are the owners of individual bank accounts. In February, 2002, Wife's checking account at PSECU had a balance of $97.45, and Wife's savings account at PSECU had a balance of $160.00. In February, 2002, Husband's checking account at Allfirst Bank had a balance of $30.00. Husband and Wife agree that these accounts shall be the sole and separate property of the person in whose name they are entitled and each party waives any right, title or interest they may have in the other parties' account. 2. In February, 2002, Husband and Wife had a joint checking account at Allfirst Bank, an approximate balance of $250.00. This account was used to pay certain household bills. Husband and Wife agree to divide the account balance and then to close the account. D. AUTOMOBILES Before separation, the parties were the owners of various automobiles, including a 1990 Ford Mercury (registered in joint names), a 1992 Plymouth Sundance (registered in Husband's name), a 1986 Hyundai (registered in Husband's name), and a 1999 Ford Pick-up Truck (registered in Husband and Husband's father's name). The parties acknowledge that there are loans encumbering the titles of the Plymouth Sundance, the Ford Mercury, and the Ford Pick-up Truck. Husband and Wife agree that the 1992 Plymouth Sundance, the 1986 Hyundai, and the 1999 Ford Pick-up Truck shall remain the sole and separate property of Husband, and Wife waives any right, title or interest that she may have in these vehicles. Husband and Wife agree that the 1990 Ford Mercury will be the sole and separate property of Husband, Wife shall execute any documents to transfer title to Husband, and Wife waives any right, title or interest that she may have in this vehicle. Husband and Wife agree that any loans encumbering the title to these vehicles shall be the sole obligation of the party owning said vehicle. The party owning said vehicle shall indemnify the other party for any costs or expense that may be incurred by the other party on account of any loans covering the respective vehicle. Thus, each party shall be responsible for any loans on his or her vehicles distributed under this Agreement. However, the parties agree that the M&T Bank loan encumbering the 1990 Ford Mercury is a joint debt and that each party respectively may act to protect his or her own interest and shall not be indemnified by the other for any costs or expense that may be incurred on account of this loan. E. CURRENT LIABILITIES 1. Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credits cards and accounts for which that party is individually liable. 2. Husband and Wife agree that they are jointly responsible for the following obligations: Wells Fargo Financial: approximately $1,730.00 Internal Revenue Service: approximately $1,230.00 However, Husband and Wife acknowledge that Wife ha~ fully paid these obligations. 3. Husband shall be solely responsible for the following obligations: Radio Shack Capital One (1) Capital One (2) behalf. 4. Wife shall be solely responsible for the following obligations: ATT Wireless Capital One Household Bank Discover WAIVER OF PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on his or her G. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after separation, with full power in him or her to dispose of the same as fully effectively, in all respects and for all purposes, as through he or she were unmarried. H. REAL ESTATE 1. Marital Residence- The parties acknowledge that the:; are the owners, as tenants by the entireties, of certain real property known as 6005 Eberly Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter referred to as "Marital Residence"), which is subject to a first mortgage and a second mortgage. The parties agree as follows with respect to the Marital Residence: (a) Husband has resided continuously in the marital residence since the parties separated. (b) Since the time of separation, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence regardless of when the same shall have been incurred including, but not limited to, mortgage, taxes, insurance premiums and maintenance, and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorney's fees, which my be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. (c) The real estate is subject to two (2) mortgages that will become the sole obligation of Husband, as follows: (d) (e) (1) GMAC - Account No. 450760681 - Principal Balance: $61,408.52 - as of January, 2002, which mortgage is in default. (GMAC has filed a mortgage foreclosure action in Cumberland County.) (2) Citi Financial - Account No. 1049127 - Principal balance: $22,416.82 - as of February, 2002,. which is current as of December, 2003, because of disability insurance monthly payments. If possible, Husband shall refinance the real estate in order to pay off the above-stated first and second mortgage obligations. In the event that Husband, in good faith, cannot refinance said real property, Husband shall indemnify Wife for all costs and expenses; that she may incur on account of the above-stated obligations. If Husband refinances the real estate, Wife shall convey her interest to Husband, so all right, title, interest, and any obligation with regard to the real estate shall belong to Husband. The parties own no other real estate. SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. Jeffrey R. Boswell, Esquire Supreme Court i. D. No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff MARIBEL MILLER, PLAINTIFF, Vo JOSEPH A. MILLER, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1209 IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE I, MARIBEL MILLER, being duly sworn according to law, depose and say that: 1. I am the Plaintiff in the above-captioned action in divorce under Section 3301(c) of the Divorce Code. 2. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 12, 2002. 3. My marriage to JOSEPH A. MILLER is irretrievably broken. 4. Ninety (90) days have elapsed from the date of filing and service of the Complaint. 5. I consent to the entry ora Decree of Divorce, bifumated as to the issue of the equitable distribution of marital property which shall be resolved hereafter. 6. I consent to the entry of a Decree of Divorce after service of notice of intention to request entry of the decree. I, MARIBEL MILLER, Plaintiff, verify that the statements made in this Affidavit are true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: October 2, 2003 // MARIBEL MILLER~_~.~/ Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, T1NTNER, PICCOLA & ALFORD 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff MARIBEL MILLER, PLAINTIFF, JOSEPH A. MILLER, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1209 : .. : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora final decree of 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 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. DATE: October 2, 2003 MAmBEL MILLEk Jeffrey R. Boswell, Esquire Supreme Court 1. D. No. 25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff MARIBEL MILLER, PLAINTIFF, JOSEPH A. MILLER, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1209 : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the Complaint: Mailed March 12, 2003 - Certified Mail, and received on or about March 28, 2002; and mailed March 12, 2000 - First Class Mail 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: October 2, 2003, by Plaintiff; October 1, 2003, by Defendant. (b). (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: N/A 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Not Applicable. (b) Date plaintiff's Waiver of Notice was filed with the prothonotary: October 2, 2003. (c) Date defendant's Waiver of Notice was filed with the prothonotary: October 1, 2003. Dated: January 30, 2004 JEFFRE~ ~. BOSWELL,~SQUIRE Attorney for (x) Plaintiff ( ) Defendant MARIBEL MILLER, Plaintiff, VERSUS JOSEPH A. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ,p~! PENNA. NO. 02-1209 DECREE iN DIVORCE , IT IS ORDERED AND DECREED That Maribel Miller , PLAINTIFF, AND Joseph A. 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; NONE BY THE COURT:a PROTHONOTARY