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HomeMy WebLinkAbout02-1872 " i ALLEN R. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : CIVIL ACTION - LAW : NO. 2002- t f7;;( CIVIL : IN DIVORCE WANDA N. MILLER, 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 I 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 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 Court Housel Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONEI 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 Carlislel PA 17013 Telephone: (717) 249-3166 ALLEN R. MILLER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ~ NO. 2002- fo 7;) CIVIL : IN DIVORCE WANDA N. MILLER, Defendant COMPLAINT UNDER SECTIONS 3301(C) AND 3301 (0) OF THE DIVORCE CODE 1. Plaintiff is Allen R. Miller, an adult individual who currently resides at 130 East Winding Hill Road, Apartment C, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Wanda N. Miller, an adult individual who currently resides at 57 Chadwick Drive, Greencastle, Franklin County, Pennsylvania 17225. 3. Plaintiff and Defendant have 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 October 16, 1974 in Franklin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. II 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER By'- ~~ Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/cl ients/miller/miller.com II I verify that the statements made in this Complaint are true and correct understand that false statements herein are made subject to the penalties of 18 Pa, C.s. S 49041 relating to unsworn falsification to authorities. rftL,fJ>>fLLL Allen R Miller Date: ;l-6-{)). ~ ~ - ~ ..c - ~ ~ ~ ~ ~ .......... ~ d "\::> ~ $ '::s ~ u d ~ ~ ~ ~ I::) a (J:::) ..... ~. ,::) o c "TJif: 'Tln' '::::.:"; ~?; 2>"", <-'-' j;: 2: C) ,;:0 ""c ~ ~ c.) r>...J J:>o -TJ :-:1:) 7.' ~' ITl ,::'jjC) <":?:l 7::8 .?o om ~ -< -..J " '::it ~ o ...., - : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ALLEN R. MILLER, Plaintiff v. CIVIL ACTION - LAW WANDA N. MILLER, Defendant NO. 2002-1872 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, WANDA N. MILLER in the above captioned case. Respectfully submitted, By: Date: May 1, 2002 , : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ALLEN R. MILLER, Plaintiff v. CIVIL ACTION - LAW WANDA N. MILLER, Defendant NO. 2002-1872 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Robert L. O'Brien, Esq. O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 IRWIN, McKNIGHT & HUGHES By: , squire Date: May 1,2002 "" ~u , ", (') L: ",. -0175 CPt_~',i ....,~ -' J (!1:; ,~\...- ~;~() h7:;( ~ Pc 2: :::! C> N :r :t'.. -< o "tl "-I ;~I~ ',j:! , r- ""iT! "'--, .J,,_ ~i(~ 1"'-/-, ,~') :!J ,0 ~:":;nl ~, ,:,:! S'J -< -0 ::r ~ c- (11 ALLEN R. MILLER, PlaintifflRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2002-1872-CIVIL TERM WANDA N. MILLER, DefendantJPetitioner IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 4th day of October 2002, comes the DefendantJPetitioner, Wanda N. Miller, by her attorneys, IRWIN, McKNIGHT & HUGHES, and makes the following Petition for Economic Relief against the Plaintiff/Respondent, Allen R. Miller, as follows: 1. The Petitioner is Wanda N. Miller and is the Defendant in a divorce action filed at 2002- 1872 in Cumberland County, Pennsylvania. Her address is 57 Chadwick Drive, Greencastle, Pennsylvania 17225-1462 2. The Respondent is Allen R. Miller, and is the Plaintiff in this divorce action. His address is 130 East Winding Hill Road, Apt. C, P. O. Box 413, Mechanicsburg, Pennsylvania 17055. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Spousal support; c. Alimony; d. Costs and expenses; and f Counsel fees. 1 WHEREFORE, the Petitioner, Wanda N. Miller, requests the relief set forth above. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Date: October 4, 2002 2 VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel for the plaintiff in the preparation of this document. To the extent that the document is based upon information which has been gathered by counsel, it is true and correct to the best of the counsel's knowledge, information and belief. The undersigned is verifying on behalf of the plaintiff according to 42 Pa.C.S.A. ~ 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: October 4, 2002 3 ALLEN R. MILLER, PlaintifflRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1872--CIVIL TERM WANDA N. MILLER, Defendant/Petitioner IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, ill, Esquire, hereby certify that a copy of attached Petition was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Robert L. O'Brien, Esq. O'Brien, Baric & Scherer 17 West South Street Carlisle, P A 17013 IRWIN, McKNIGHT & HUGHES By: Date: October 4, 2002 4 0 0 0 c: I\V 0 ~ "'"' -'1 ~ t "TJ -.c',' 0 l'1~:' (J ~~; L"~~' -l ;:1 :!J t ~ ;::- r'" I f- ~( --"_1 fTi ~ ~ J C:J ~ 'b :!: ~~(~) -'~'" -~ ~ " ~::: \.::,: -~'" ;-,-j ~' .- \.., , ~~~~' r~ \3 J'> C": S::> '7 ~ ~ -.-1 "" c-.j ~ -< ~,t> r'J _D -< ALLEN R. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVII__ ACTION - LAW 2002-1872 CIVIL TERM WANDA N. MILLER, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Sections 330l(c) and 3301 (d) of the Divorce Code was filed on April I? , 2002., 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of 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. I verify that the statements made in this affidavit 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 unsworn falsification to authorities. Date: 115"!o~ I , 2003 ~ ~ .t/.I'IfdJ:L WANDA N. MILLER C~-.I (-) (,-, r "TJ [I) .e.::_. ;.::: ~] , J:) ~ '. -,--:~ ~.~:; , ..~ c' 5> C~ /' .--, ,. __I ;,", :":0 -< .Z:- --< ALLEN R. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVII.J ACTION - LAW 2002-1872 CIVIL TERM WANDA N. MILLER, Defendant lN 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 the 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 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ;) lIe- f , 2003 J ~ W'~4 ~.~ WANDA N. MILLER Defendant () c::- :n ij,s' I'i-irf" -,c> " :~-~ - ~~ C0 ~'(' .. fi:'L- ti/;) '- :c: --f ----, <; '.::.":" \.) (.i7 ~::.) ,. ALLEN R. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLANI) COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1872 CIVIL TERM WANDA N. MILLER, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, 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. I verify that the statements made in this affidavit 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 unsworn falsification to authorities. Date: ~!tl' / , 2003 p/~ /tI', /k~ WANDAN.MILLER () ~ l.1I~;: [DC, t~.'~~ t:::( .... ~- !if<>; > -- -,' \J (Ji ..,> C) I ~"'i...) --- t.:..") ~"'::~ ,.."-~ --- ALLEN R. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CNIL ACTION - LAW WANDA N. MILLER, Defendant 2002-1872 CNIL TERM IN DNORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Sections 3301(c) and 3301(d) of the Divorce Code was filed on April 17, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of 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. I verify that the statements made in this affidavit 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 unsworn falsification to authorities. Date: V-/6-0~ , 2003 (fJdf lI/uL ALLEN R. MILLER "'0 n\, -/ !::-; I ,;<__ i U} ~~ r:;\:-- "0- i(~: '2:\ -(, ,........ ...,~... . " ~~-; :;~a ::~ -: i') , In ,_._J ,i, ?i. (n ALLEN R. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW WANDA N. MILLER, Defendant 2002-1872 CIVIL TERM IN 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 the 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 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: </ - /~ , 2003 lUL~rtuL ALLEN R. MILLER Plaintiff o ~ ",,(Jr;e ~~' 7:,- 0~' ~,..~ r:::: '. ~:;(-, $~2 -- =::1 -< ~.""'~~ c c.,.... ALLEN R. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1872 CIVIL TERM WANDA N. MILLER, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, 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. I verify that the statements made in this affidavit 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 unsworn falsification to authorities. Date: </ - 1.6 ,2003 atL~nldk ALLEN R. MILLER (') ~-; -eJh' ~Ilf, ,>< ',.. 2i S~" f~~_ :z: ~c_ $~ -j -;:; l (J, . :"~ ~';~:; :0 -<;: ALLEN R. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 1872 CIVIL WANDA N. MILLER, Defendant IN DIVORCE ORDER OF COURT .. AND NOW, this /7 t"'- day of ,;irL 2003, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated April 16, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court r'equesting a final decree in divorce. BY THE COURT, cc: Robert L. O'Brien Attorney for Plaintiff Marcus A. McKnight, III Attorney for Defendant ~f - .~ Y,.2/,Oj ~. 'i!NV/i1N3~,!N:Jd . .n! !::-i~-!''''',lii~J i U :C ,. ~ ,.> i f " I i . MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of ~, , 2003, by and between Allen R. Miller, hereinafter called Husband, and Wanda N. Miller, hereinafter called Wife; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 19, 1974, in Franklin County, 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, including the settling of their property rights and other rights and obligations growing out of their marriage in accordance with the provisions of the Divorce Code of Pennsylvania. 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. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 2. Division of Property. The parties have divided between them, the personal effects, tools, equipment, household furniture and furnishings, and other articles of personal property which have heretofore been used by them, individually 01" in common. 1 The parties' residence located at 57 Chadwick Drive!, Greencastle, PA 17225-1462, shall become the sole and separate property of Wife. Wife shall assume and be fully responsible for the mortgage on the property. Husband agrees to cooperate in executing a Deed to the home transferring his interest to Wife on or after the execution of this Agreement. With the exception of a ODRO distributing the amount of $495.55 per month from Husband's Civil Service Retirement System, when the same is able to be distributed by the terms of the plan and the applicable federal laws that may modify the time of the payment, each party shall retain his/her pension/retirement accounts and they agree that they will each sign any documentation reasonably requested to release and extinguish or modify any interest that they may have in the other's accounts(s). The parties agree to share the expense of $345.00 for the preparation of a ODRO by Pension Appraisers, Inc. 3. Child Support. The parties child support obligation is controlled by court order. The parties agree that the child support obligation for Celina will terminate at the earlier of her emancipation or December 09,2003. 4. Alimony and Spousal Support. The husband will continue to pay the spousal support amount under the current order of January 24, 2003, until such time as the child support obligation terminates. Wife agrees that she will not seek a modification of the child or spousal support pending the child support obligation termination. At the time of the child support termination, the spousal support obligation shall terminate and the Husbal1d agrees to pay alimony to Wife for a period of sixty consecutive months in the amount of $775.00 per month, at which time the alimony payments shall terminate absolutely. During the sixty month time period, the alimony shall terminate upon the death of Wife or Husband, remarriage by the Wife or Wife's cohabitation. In the event of Husband's death he agrees that he will assign to Wife a recently obtained term life insurance policy in the amount of $100,000.00, and Wife shall be obligated to pay the premium. 2 Neither Husband nor Wife shall request any increase or decrease due to any change in their circumstances during the sixty months and they also acknowledge that the alimony, and the right to collect alimony, as established at $775.00 per month, shall terminate absolutely at the end of the sixty months of payments. 5. 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 which occurred in March, 2002. If any claim, action or proceeding is hereafter brought seeking to hold 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 0Ir not well-founded, and indemnify the other party against any loss or liability resulting therefrom. Each party agrees to pay and hold the other harmh:!ss from any and all credit cards held by each party in his/her name alone. 6. Equitable Property. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with 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. Each party hereby acknowledges that this Agreement adequately provides for his or her needs and is in his or her best interest, and that the agrel:!ment is not the result of any fraud or undue influence exercised by either party upon the other 01" by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. 3 B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court determine which property is marital and which in non-marital, and equitably distribute between the parties that property which the court determines to be marital. D. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not Ilimited to possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 7. Mutual Release. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted, or suffered to be done by said other party prior to and including the date hereof; further, the parties hereto have been advised by their legal representatives, respectively, of all their rights under the Pennsylvania Divorce Code, and such rights as are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 4 . . 8. Release of All Claims. 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, rE~lating to or arising from the marriage between the parties, including waiving any claim to their respective pensions or retirement accounts. 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 thi:s 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 repr1esent 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 shall 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 5 !I . . necessary to effectuate the divorce pursuant to Section 3:m1 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 Headings. 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. 6 II . - 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. With the approval of any court of competent jurisdiction in which any divorce proceeding may now be pending or which may hHreafter be instituted, this Agreement shall be incorporated in any decree of absolute divorce which may be passed by said court. In the event the court shall fail or decline to incorporate this a~~reement or any provisions thereof in said decree, then and in that event the parties, for themselvl3s and their respective heirs, personal representatives and assigns, agree that they will nevertheless abide by and carry out all of the provisions thereof. It is further agreed that regardless of whether said agreement or any part thereof is incorporated in any such decree, the same shall not be merged in said decree, but said agreement and all the terms thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns. 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: .- (Od-Jt:~ Allen R. Miller tIJ~ ~1J, /)f~~ Wanda N. Milier - (SEAL) (SEAL) 7 . . STATE OF PENNSYLVANIA COUNTY OF ~ On this the llD\::U1day of ~ Dre, I before me, the undersigned officer, personally appeared obert L. O'Brien, know to me (or satisfactorily proven) to be a member of the bar of the highest court of said state and a subscribing witness to the within instrument, and certified that he was personally present when Allen R. Miller and Wanda N. Miller whose names are subscribed to the within instrument executed the same, and that said persons have acknowledged that they executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. ~~~~ Notarial Seal Jennifer S. Lindsay, Notary Public Carlisle Boro, Cumberland County My Commission Expires Nov. 29, 2003 ~fi8-rnter, penr.sylvaniaAssociation ot Nntaflf:'::; II ALLEN R. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Vs. WANDA N. MILLER, Defendant NO. 2002-1872 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. 2. Date and manner of service of the Complaint: Certified 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: by Plaintiff on April 16, 2003; and Defendant on March 18, 2003. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: NA (2) date of service of the Plaintiff's Affidavit upon the Defendant: NA 4. Related claims pending: None. 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)(1 )(i) of the Divorce Code: None served as the parties signed the Waiver of Notice. (Defendant on March 18, 2003 and Plaintiff on April 17, 2003). Respectfully submitted, -- -r:=::~ Robert L. O'Brien, Esquire ----..---- --'._-'--'._-_,_~-_,.,,~_. ~~~- ..:. '" , ...~_. if. if.if.if.lliif.if.lliif.llilliif.lliif.if.llilli if. lliif.lliif.if.lli if. if. if. if. if.if.if.if.if.if.if.if.if.if.if.if.if.if.if.lliif.if.if.if.llilliif.lliif.llilli IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ST.A,TE OF ALLEN R. MILLER Plaintiff VERSUS WANDA N. MILLER Defendant PENNA. No. 2002 - 1872 CIVIL DECREE IN DIVORCE AND NOW, , 2003, IT IS ORDERED AND DECREED THAT AND Allen R. Miller , PLAINTIFF, Wanda N. 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; The parties I Marital Settlement Agreement dated, April 16, 2003, is incorporated herein as a final order of court. if. if. "'if. By THE CO~ if."''''if.''' "''''''' if. if."'if."''''if.''''''if.if.'''if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. J. L.. ~ ~.- ~;( [l?-6-f ~~ 0 ;P;-/V ~ ~~ ~ P{J CP-" of r. " tV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEer ALLEN R MILLER, Plaintiff DOCKET NO. 02-1872 V. WANDA N. MILLER Defendant ACTION IN DIVORCE COURT ORDER ACCEPTABLE FOR PROCESSING AND NOW, this ~ day of forth below in items one through five, ))~JI ....luL, 2005, based on the findings set IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through fourteen: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties, The parties were married on October 19, 1974 and divorced on May 13, 2003. 2. Effect of This Order as a Court Order Acceptable for Processing: This Order creates and recognizes the existence of a former spouse's right to receive a portion of the employee's benefits payable under the Civil Service Retirement System ("CSRS"). Such benefits may represent a portion of the Employee Annuity, a Refund of Employee Contributions or may award a Former Spouse Survivor Annuity to the former spouse, It is intended to constitute a Court Order Acceptable for Processing under final regulations issued by the Office of Personnel Management ("OPM"). The provisions of this court order are drafted in accordance with the terminology used in Part 838 of Title 5, Code of Federal Regulations. The terminology used in the provisions of this order that concern benefits under the Civil Service Retirement System are governed by the standard conventions established in that part. 3. Employee Information: The name, current address, social security number, and date of birth of the "Employee" are: SSN: Birth Date: Allen R Miller 130 East Winding Hill Road, P.O, Box 413, Mechanicsburg, Pennsylvania 17055-0413 189-44-4779 September 24, 1953 Name: Address: '-..' r. 4. Former Spouse Information: The name, current address, social security number, and date of birth of the "Former Spouse" are: Name: Address: SSN: Birth Date: Wanda N. Benton (f1k1a Miller) 120 16th Avenue, Vero Beach, Florida 32962 210-36-0883 November 3, 1954 The Former Spouse shall have the duty to notify the OPM in writing of any changes in her mailing address subsequent to the entry of this Order. 5. Identification of Retirement System: The Employee will be eligible for retirement benefits under the Civil Service Retirement System based on employment with the United States Government. 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania, 7. For Provision of Marital Property Rights: This Order relates to the provision of marital property rights of the Former Spouse as a result of the Order of Divorce between the Employee and Former Spouse issued on May 13, 2003. 8. Providing for Payments to Former Spouse: The Former Spouse is entitled to a portion of the Employee's Gross Monthly Annuity under the Civil Service Retirement System as set forth below, The United States Office of Personnel Management is hereby directed to pay Former Spouse's share directly to Former Spouse, 9. Amount of Former Spouse's Benefit: This Order assigns to Former Spouse an amount equal to Four Hundred Ninety-Five Dollars and Fifty-Five Cents ($495,55) per month from the Employee's Civil Service Retirement benefits, 10. Benefit Commencement Date: The Former Spouse shall commence receiving benefits as soon as administratively feasible following the date this Order is approved as a Court Order Acceptable for Processing, or on the date the Employee commences benefits, if later. Payments shall continue to the Former Spouse for the remainder of the Employee's lifetime. However, should the Former Spouse predecease the Employee, the United States Office of Personnel Management is directed to pay the Former Spouse's share of the Employee's civil service retirement benefits to the Former Spouse's estate, The Employee agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Former Spouse in accordance with the terms of this Order. 11. Refund of Employee Contributions: If the Employee leaves Federal service before retirement and applies for a refund of employee contributions under the CSRS, the Former Spouse shall be entitled to a pro-rata share of the refund of such employee contributions. r., 12. Savings Clause: This Order is not intended, and shalt not be construed in such a manner as to require the OPM: (a) to pay a former spouse a portion of an employee annuity before the employee annuity begins to accrue; (b) to pay a former spouse any amounts that are in excess of an employee's net annuity; or (c) to pay a former spouse survivor annuity in excess of the maximum permitted amounts under the CSRS and the FERS, 13. Constructive Receipt: In the event that the CSRS inadvertently pays to the Employee any benefits that are assigned to the Former Spouse pursuant to the terms of this Order, the Employee shalt immediately reimburse the Former Spouse to the extent that he/she has received such benefit payments, and shalt forthwith pay such amounts so received directly to the Former Spouse within ten (10) days of receipt. 14. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its status as a Court Order Acceptable for Processing and the Original intent of the parties as stipulated herein. (C2tL/Y/~ Allen R. Miller 4)7ALd~ .-Ii 6~ Wanda N, Benton BY THE COURT: Lfo;{ ..~~ fA~. ~ cP \ '* \\i