HomeMy WebLinkAbout94-03077
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ;~~, PENNA
SHIRLEY A. MILLER
i\1l. 3077 CIVIL .... (1)94
\'I'I':.;lIS
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JOHN E. MILLER
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DECREE IN
DIVORCE
AND NOW, ' , ,M~ .I.~, . . . . . ,. " 19!.h." It Is ordered and
decreed Ihal ",S!l,I,RLEY .A~, MI~r,.~~"."""".""..,...",., plalnllff,
and... ,40lIN .1;:" .M~L~Eij".", ."..,."",.",.,. , ",..,.., defendanl,
are divorced from Ihe bonds of matrimony.
The courl relalns jurisdiction of the following claims which hove
been raised of record In Ihls action for which 0 final order has not yel
been enlered;
The Marital Settlement Agreement signed by the parties on
"., !<'p'~p, ,26" ,1996, .s.hall ,be,incorpora,ted. in.t9, bu,~, n~,tme,r,Q~d,,,:ith
this decree.
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MARITAL SETTLBMENT AGRBEMBNT
THIS AGRBEMENT, made this A(P t)ay of f\1'Y'\ , 1996, is by
and between: SHIRLEY A. MILLER, P.O. Box 33, 590 Boxwood Lane,
Carlisle, Cumberland County, Pennsylvania, party of the first
part, hereinafter referred to as "Wife"l and JOHN E. MILLER, 133
Petersburg Road, Carlisle, Cumberland County, Pennsylvania, party
of the second part, hereinafter referred to as "Husband."
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having
been married on June 13, 1970.
WHEREAS, certain difficulties have arisen between the
parties hereto which have made them desirous of living separate
and apart from one another and Wife has initiated an action in
divorce against Husbandl and
WHBREAS, the parties hereto, Wife being represented by
Marilyn C. Zilli, Esquire, and Husband by Thomas Williams
Esquire, have each exchanged information as to the property,
assets, and liabilities owned and owed by each and have disclosed
~o each other and to their respective attorneys information as to
the financial status of both parties hereto I and
WHEREAS, the parties hereto have mutually entered into an
agreement for the division of their assets, provision for the
liabilities they owe, and provision for the resolution of their
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mutual differenoes, after both parties have had full and ample
opportunity to oonsu1t with their respective attorneys, and the
parties now wish to have that agreement reduced to writing.
HOW, THBRBFORB, the parties hereto, in oonsideration of the
above recitals, the mutually made and to be kept promises set
forth hereinafter, and for other good and valuable
oonsiderations, and intending to be legally bound and to legally
bind their heirs, suocessors, assigns, and personal
representatives, do hereby covenant, promise, and agree as
follows:
1. RBAL PROPBRTY.
A. Marital Re.idence: The parties are the owners, as
tenants by the entireties, of a house and lot at 590 Boxwood
Lane, South Midd1etom Township, Cumberland County, Pennsylvania
(hereinafter referred to as the "Marital Residenoe"), and have
stipulated the value of same as of May 1994 and as of the date
hereof at $105,000.00. This property is subject to a first
mortgage in favor of Harris Savings and a home equity loan in
favor of Members First Federal Credit Union. As of the date of
separation, May 1994, the balance owed on the mortgage was
$19,462.00 and Wife has made all payments on same from then to
the present, and the ba1anoe owed on the home equity loan was
$26,099.29, and Husband has made all payments on this loan from
then up to the present.
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within sixty (60) days of the date of the execution of this
Agreement, Wife shall refinance the Marital Residence in an
amount sufficient to (1) pay the balance of the mortgage; (2) pay
the balance of the home equity loan, and (3) pay Husband the
amount equal to:
1. Forty percent (40%) of the di fference between
$105,000.00 and the combined balances of the mortgage and the
home equity loan;
2. Plus the differfence between $26,099.29 and the
principal balance of the home equity loan on the date of
settlement of Wife's refinance;
3. Less the difference between $19,462.00 and the
principal balance of the mortgage on the date of settlement of
Wife's refinance;
4. Less sixty percent (60%) of the balance of the home
equity loan on the date of settlement of Wife's refinance;
5. Less one-half (1/2) of the 1996 county taxes on the
residence, to be determined at the time of settlement of Wife's
refinance, plus one-half (1/2) of the outstanding insurance
premiums on the residence ($131.50);
6. Less $118.00 representing a portion of the fees dues
on the time share property referred to hereinafter; and
7. Less $150.00 representing a portion of Wife's
refinance cost.
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At settlement on Wife's refinance, Husband shall execute a
special Warranty Deed of the Marital Residence in favor of Wife
and receive payment of the amount calculated above.
As of the date hereof, Wife agrees to indemnify, defend and
hold Husband harmless from and against any claim arising out of
ownership of the marital residence, excepting only the mortgage
and the home equity loan.
B. Oaks Lot: The parties are the owners, as tenants by
the entireties, of an undeveloped lot, being Number 60 in the
Oaks Development, South Middleton Township, Cumberland County,
Pennsylvania (hereinafter referred to as the "Oaks Lot"). Said
property is currently under and subject to a mortgage in favor of
York Federal savings and Loan Association. As of the date of
separation, May 1994, the principal balance on said mortgage was
$30,888.00 and Wife has made all payments on the mortgage from
the date of separation to the present time. The property is
currently subject to a sales contract. Until settlement of this
sale, the parties agree to be equally responsible for all current
taxes on the property.
At settlement of the sale of the Oaks Lot, Wife shall first
be reimbursed for an amount equal to the difference between
$30,888.00 and the balance of the mortgage paid at settlement.
The remaining proceeds shall be divided sixty percent (60%) to
Wife and forty percent (40%) to Husband.
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C. Ti.. Shar.. The parties acknowledge that they are
the owners of a time share interest in a property at split Rock
in the Pocono Mountains, Pennsylvania. Husband agrees that
effective upon execution of this agreement, he will assign his
interest in the time share to Wife who will then become solely
responsible for all costs associated therewith, to dispose of at
will.
2. BANK ACCOUNTS. The parties agree that they are the
owners of the following accounts: PNC #5140188204, Members First
Federal Credit Union Christmas Club, Harris Savings #1700007939
and Members First Federal Credit Union #18013. The parties agree
that the funds in all of these accounts have already been divided
and distributed to their mutual satisfaction.
3. RETIREMBNT ACCOUNTS. The parties agree that they each
own various retirement accounts in their own names. These
include but are not limited to Wife's PSERS account, her 403(b)
account, Husband's CSRS account, and his TSA account. The parties
agree that each shall retain, as his/her sole and exclusive
property, all retirement accounts currently owned by him/her.
They hereby relinquish any and all interest each has or might
have in the future in the accounts of the other. Each is
permitted to take whatever steps are necessary to ensure that no
distribution of these accounts will be made at any time to the
other party.
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4. PIRBONALTY. The parties hereto mutually agree that
they have effected a satisfactory division of the furniture,
household furnishings, app1 iances, and other household and
personal property between them and they mutually agree that each
party shall, from and after the date hereof, be the sole and
separate owner of all such tangible personal property presently
in his or her possession, whether said property was heretofore
owned jointly or individually by the parties hereof, and this
agreement shall have the effect of an assignment or receipt from
each party to the other for such property as may be in the
individual possession of each of the parties hereto, the
effective date of said bill of sale to be contemporaneous with
the date of the execution of this Agreement.
5. AUTOMOBILES. The parties agree that Wife shall be the
sole and exclusive owner of the 1991 Buick Regal currently in her
possession. Husband agrees to execute any document necessary for
the transfer of this automobile to the sole ownership of Wife,
said documents to be executed on or before the execution date of
this Agreement. The parties agree that Husband shall be the sole
and exclusive owner of the 1994 Dodge Grand Caravan LE currently
in his possession. Wife agrees to execute any document necessary
for the transfer of this vehicle to the sole ownership of
Husband, said documents to be executed on or before the execution
date of this Agreement.
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Husband agrees that effective upon the execution date of
this Agreement, he shall assume the full responsibility for
payment of the balance due to Members First Federal credit Union
on the loan used to purchase the aforesaid vehicle. Husband
hereby indemnifies and holds Wife harmless from any further
liability with regard to said loan balance.
6. HBALTH INSURANCE. Husband and Wife agree to secure
medical insurance coverage for themselves. Each hereby
authorizes the removal of his or her name from any policy
currently covering him or her through the other's employment or
otherwise.
7. LIPB INSURANCB. Husband and Wife are the owners of
various life insurance policies, as follows, and agree to the
following disposition of these pOlicies:
A. MetLife #852945535UL: This policy was cashed in
by Husband in June, 1994 for $4,365.00.
B. MetLife #873047617UL: This policy shall become
the sole and exclusive possession of Wife who shall be entitled
to receive its cash surrender value if she so desires. Husband
agrees to execute any documents necessary for the transfer of
this policy to the sole and exclusive ownership of Wife, said
documents to be executed on or before the execution date of this
Agreemert..
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c. Husband's FEGLI policy through his employment:
This policy shall remain the sole and exclusive possession of
Husband.
D. wife's policy through her employment: This policy
shall remain the sole and exclusive possession of Wife.
The parties agree that effective upon the execution
date of this Agreement, and if they have not already done so,
each may name the beneficiary of his/her policies at will.
8. COUNSEL FBES AND COSTS. The parties agree that each
will be responsible for the payment of his/her own counsel fees
and costs.
9. PARTIES' DEBTS. The parties represent and warrant to
each other that since separation, they have not incurred any
debts or made any contracts other than for necessaries for which
the other party's estate may be liable and that they shall
indemnify and save harmless the other spouse from any and all
claims or demands made against the other spouse by reason of
debts or obligations incurred by him or her, and in the event the
other spouse shall, at any time hereafter, be obligated to pay
any debt or debts incurred by him or her thence, and in such
case, the other spouse may deduct and retain the sums he or she
may be obliged to payout of any future payments required to be
made by him or her under this Agreement.
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10. CRBDIT CARDS. Each party hereby agrees to return any
and all credit cards or charge plates which he/she may have in
his/her possession to the party who is the owner of the account
and agrees that any debts incurred on any credit cards or charge
plates not returned to thE: other party shall be the sole and
exclusive responsibility of the party who charged the debt. Each
agrees to save the other harmless from any obligations or
institutions of suit commenced due to any charges made on the
other party's card after the date of this Agreement. Any debts
incurred on the credit cards or charge plates after the date of
execution of this Agreement shall be the sole and exclusive
responsibility of the charging party, who shall save harmless the
other spouse from any obligation or institution of suit.
11. WAIVER OF PENNSYLVANIA DIVORCE CODE RIGHT.L. All
property set apart herein either now or in the future as the
separate property of either Husband or Wife and all property now
owned by or titled to Husband or Wife individually or property
acquired by Husband or Wife individually at any time after the
execution of this Agreement shall remain the separate property of
Husband or Wife and shall under no circumstances be considered
as, or deemed to be or construed to be "marital property" as that
term is used in the Pennsylvania Divorce Code and such property
shall expressly not be subject to equitable distribution nor
shall any appreciation in value of such property be subject to
equitable distribution. This Agreement shall be deemed to be and
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construed to be a valid agreement for the purpose of waiving the
provisions concerning equitable distribution as that term is used
in the Pennsylvania Divorce Code of 1980, as amended.
Except as otherwise provided herein, both parties hereby
waive, release and give up any rights which either may have
against the other to receive alimony, alimony Dendente lite, or
expenses. 'From the execution date of this Agreement, it shall be
the sole responsibility of each party to sustain himself or
herself without seeking any economic support from the other.
12. RBLBASB. 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 himse1 f or herse1 f , 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, action, 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. Notwithstanding the foregoing language of this paragraph,
this re1ea~e shall in no way exonerate or discharge either party
hereto from the obligations and promises made and imposed by
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reason of this Agreement and shall in no way affect any causes of
action in absolute divorce which either party may have against
the other.
13. IHTINDID TAX BFFBCT OF DIVISION OF PROPIRTY. The
division of existing marital property is not, except as may be
otherwise expressly provided in this Agreement, intended by the
parties to constitute in any way a sale or exchange of assets and
the division is being effected without the introduction of
outside funds or other property not constituting a part of the
marital estate. The parties acknowledge that all current joint
tax liability has been or, pursuant to the provisions of this
Agreement, will be satisfied upon the execution of this
Agreement.
14. HOH-IHTIRFERBNCI!:. From the date of this Agreement,
Husband and Wife may and shall continue to live separate and
apart from each other; and neither party shall compel the other
to live with him or her, nor shall either party molest or trouble
the other. Neither party shall interfere with the rights,
privileges, or actions of the other, and each party shall be a
liberty to act and to do as he or she sees fit.
15. DIVORCB TO DB COMPLETED. The parties acknowledge that
this Agreement is made in contemplation of the conclusion by both
of them of an action in divorce which has been filed by Wife.
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Both of the parties hereto agree that at or before the time of
the execution of this Agreement they will execute and deliver to
their respective attorney or attorneys, an Affidavit of Consent
under Section 3301(c) of the Divorce Code, consenting to the
entry of a final decree in divorce. Both parties agree that they
shall accept the terms and provision of this Agreement in full
satisfaction of any and all claims they may have under the
Divorce Code of the Commonwealth of Pennsylvania.
16. NO MERGBR IN DIVORCE. When either of the parties shall
recover a final jUdgment or decree of absolute divorce against
the other in a court of competent jurisdiction, the provisions of
this Agreement may be incorporated by reference or in substance
but shall not be deemed merged into such judgment or decree and
this Agreement shall survive any such final judgment or decree of
absolute divorce and shall be entirely independent thereof.
17. INFORCBMENT. If either party defaults in the due
performance of any of the terms, conditions or covenants of this
Agreement on his or her party to be performed, the non-defaulting
party shall have the right to sue for specific performance or
damages for the breach of this Agreement, and the defaulting
party shall pay the reasonable legal fee for any services
rendered by the non-defaulting party's attorney in any action or
proceeding to compel the defaulting party's due performance
hereunder as well as costs for bringing the action or proceeding.
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18. DATI 01' BXECUTION. 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.
The transfer of property, funds and/or documents provided
for herein shall only take place on the "distribution date" which
shall be defined as the date of execution of this Agreement
unless otherwise specified herein.
19. AI'TBR ACQUIRED PERSONAL PROPERTY. Each of the parties
shall hereafter own and enjoy, independently of any claims or
right of the other, all items of personal property, tangible or
intangible, hereafter acquired by him or her, with full power in
him or her to dispose of the same as fully and effectively, in
all respect and for all purpose, as though he or she were
unmarried.
20. INDEPENDENT SBPARATE COVBNANTS. It is specifically
understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
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c:\..,.ll~Jijrdo<.\mlIItr,''''
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
SHIRLEY A, MILLER,
Plaintiff,
JOHN E. MILLER,
Defendant.
-
NO. 94- ,-3077CIVIL tC(:.M
IN DIVORCE
NO.IlCE
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 fall 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 Irrelrlevable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors Is available In the
Office ofthe Prothonotary atthe Cumberland County Court House, Carlisle, Pennsylvania, 17013,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
(717) 240.6200
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorney. for the Plaintiff
B,y
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SHIRLEY A. MILLER, I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v. I NO. 94-3077 CIVIL TERM
.
.
JOHN E. MILLER, IN DIVORCE
Defendant .
.
WAIVER or NOTICB or INTBNTION TO REOUEST
ENTRY or A DIVORC! DECRBB UNDER
13301101 or TH! DIVORC! 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 are made
subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
Date: ('~~ ...u.s /19/.
Sh
c:lwplllcj\IMY<<<C".llIculd 1IIe, 4lU.94.\l1
... ......' _... IV"",, I
SHIRLEY A. MILLER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 94.3077 CIVIL TERM
IN DIVORCE
PlaIntiff
v.
JOHN E. MILLER,
Defendant
~~BI
AND now this ~6 day of ~ ,1994, upon consideration of the
within Stipulation of Counsel, the terms of said Stipulation are hereby made an Order of Court.
By the Court,
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Nuvsmbl!r 28, 1994
The Honorable Goorge Hoffor,
In respon~e to the Ordor of Ccurt recorded November 17, 1;94,
concerning my coun~el, Corul J. Linduay'n ~otion to ~ithdrnw as
Counsol, I would agree that lhi9 Jctlon be granted.
( Civil Action--Divorcl! No. 94-3077 Civil Term)
This action is aoproprlate for mo also. Some statements
concerning the motionl
1. I did not receive n copy of the Counter-Claim for Divorce
or the ~otion for the appoLntment of a Master.
2. I did speak to C~rol LLnd9oy's sDcretary cancelling an
eppointment because "I wos not sure if I was plaased with
how things were proceeding". The secretory said to make
another appointment when I ~as rHady.
3. 1 was not informed of the Counter-Claim for Divorce until
this Court Order.
4. A statement about seeking a new ottorney was written in
a personal letter to John E. Miller, Defendant. Perhaps
this statement reached my Cuunsel through John's.
5. I die not receive information or a copy of the informatLon
un the course of action from the Divorce Master a~
mentioned in the Novllmbllr 3, 1994 letter.
6. The purposll of the Exhibit letters seems unclearl to
inform or to withdraw as counsel.
Even though I did not ~akp. a ruquest ~ot to be re~reFented,
perhaps a different ~ttorney would better represent my needs
and concerns oy initiating or en~'qinq in f,ct-findlng concerning
the case and receiving direct information and copies relating
to all activities, fljes, and claim;.
~ Cory
Re9pectfully,
~t 1c.7t./-d-v -
Shirley A. Mi11er
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t-.ovombl! r 28 I 1994
The Honorable George Hoffer,
In response to the Ordor of Court recorded November 17, 1994,
concurning my counuul, Cnrol J. Lindsay's Motion lo withdraw as
Counoe1, 1 would Ugrllll that thio llction be granlud.
( Civil Actlon--Olvorco No. 94-3077 Civil Turm )
This action is appropriate for me aloo. Somo utatements
concerning tho molionl
1. I did nol roclli ve a copy of the Countl'r-Claim for Divorce
or the Motion for the aopoinlment of a Master.
2. I dLd speak to C~rol LLndony's oocrotary cancelling an
uppointml'nt bucaus8 "I was not sure if I was ploased with
how thLng9 wp.re proceeding". The socret"ry baLd to make
another appointment whon 1 was tnady.
3. 1 was not informed of the Countur-Claim for Divorce until
this Court Ordor.
4. A statoment abuut ouuking a now attornoy was written in
a personal letter to John E. Miller, Defendant. Perhaps
this statement roached my Cuunsul through John's.
5. I did nol recuive information or a copy of the information
on the coursu uf action from thu Divorce Master os
montionod in thu Nuvllmbcr 3, 1Y~{1 leller.
6. The purpoHe of lho Exhibit lelters sooms uncleer, to
inform or to withdraw au counsel.
Even though I did not. m[}kn a requent not to be reprer;p.ntod,
perhapn 11 different allornDY wDuld bettor reprosent my neods
ond cnncerno by Lniti'lting or Ang~~Lng Ln fact-finding concerning
the caee ond recllivinq diroct informolion and copios reloUng
tOil I i u c ti v L ti 0 B, f I J u a I 0\ nrl cl a L m '..
fleoped fully,
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'Shirley '{. 1YI1l~r
, .._llAfAl......aMULb!II.'IlIIU W,"""'"
I.... II......... II II II tw
'.......IUllMlIl'......
SHIRLEY A MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 94-3077 CIVIL TERM
JOHN E, MILLER,
Defendant
IN DIVORCE
MOTION TO DISMISS
AND NOW. comes the Defendant above named by his allorneys MARTSON,
DEARDORFF, WILLIAMS & OTTO and moves the Court to dismiss Plaint ill's Complaint in
Divorce for lack of prosecution, and, in support thereof. avers as follows:
), Plaintiff filed her Complaint in Divorce on or about June 8, 1994,
2, Defendant filed a Counter.Claim for Equitable Division,
3. The parties were unable to come to a resolution of the economic issues,
4. Defendant moved for the appointment of a Master. and The Honorable E. Robert
Elicker, II was appointed, a copy of which appointment is allached hereto.
5, In response to the appointment of a Master. Plaintiff, by her allomey, advised that
Plaintiff would not consent to a divorce,
6. In view of PlaintiO's refusal to consent, the Divorce Master was unable to proceed,
and returned his appointment.
7, In view ofPlainliO's refusal to prosecute the divorce, and refusal to consent to same,
Defendant is unable to bring this mailer to a conclusion, and the result would be that the mailer
would be simply left open on the docket
WHEREFORE, Defendant prays your Honorable Court to order and direct Plaintilfto either
consent to the divorce or suffer a dismissal of the Complaint.
Respectfully submilled,
MARTSON, DEARDORFF, WILLIAMS & OTTO
By:-=1~) ~~
Thomas J. WiIIilflns
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Allorneys for Defendant
Date: December 2, 1994
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SHIRLEY A. MILLER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 94.3077 CIVIL TERM
PlaintIff
v.
JOHN E. MILLER,
Defendant
IN DIVORCE
NOW comes Carol J. Undsay, Esquire, Counsel for the Plaintiff, and moves this Honorable
Court as follows:
1. On June 8, 1994, Counsel's law firm filed a Complaint for Divorce on behalf of the
Plaintiff, Shirley A. Miller.
2. A Counter-Claim for Divorce was filed on November 4, 1994 and a Motion for the
appointment of a Master was flied sometime earlier, on or about October 19, 1994.
3. On October 11, 1994, Movant had an appointment with Plaintiff to determine the
direction Plaintiff wished to proceed of those set out to her In prior meetings. Plaintiff canceled the
appointment with the Information that she was seeking other counsel. Since that time, Plaintiff has
not contacted Counsel In response to letters or copies of letters sent to her.
4. On October 21, 1994, Movant addressed a letter to Plaintiff providing ten days In which
to contact Movant regarding representation. A copy of the October 21, 1994 letter Is attached
hereto as Exhibit "A".
5. On November 3, 1994, Movant sent a copy of a letter to the Master, noting Plaintiff's
failure to contact her. A copy of the November 3, 1994 letter Is ettached hereto as Exhibit "B".
6. Because a Master's hearing may be pending and because Plaintiff does not wish to
be represented by Counsel, It will be Impossible for Movant to represent her.
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SHIRLEY A. MILLER,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PA
I
I
:
I NO. 3077 civil 1994
: IN DIVORCE
JOHN E. MILLER,
Defendant
ANSWER TO MOTION TO DISMISS
AND NOW, this
flu, It,
day of ,Df r ,'(' (/,(,F
1994, comes
Plaintiff, shirley A. Miller, Plaintiff above-named, by her
attorney, Marilyn c. zilli, Esq. who files this Answer to
Defendant's Motion to Dismiss with New Matter, as followSI
1. Admitted.
2. Admitted that a document titled "Counterclaim for
Equitable Distribution of Marital Property" was prepared by
Defendant's counsel on or about November 4, 1994. The document
contains no request for relief, however. Plaintiff is without
knowledge whether the document was actually filed.
3. Admitted in part, denied in part. It is admitted
that the parties have had some discussion concerning division of
their assets which discussion has not produced agreement.
However, to date, there has been no discovery, and nc exchange of
information to accurately identify the marital property, no
valuation of the assets and no calculation of the parties'
liabilities. It was and is therefore clearly premature to
discuss/resolve division of the assets and not surprising
therefore that no agreement has yet been reached.
4. Admi tted. Plaintiff notes, however, that Mr.
Eliker notified Defendant that because the parties had not lived
separate and apart for two years and because no affidavits
indicating consent to the divorce had been filed, the case was
not ripe for disposition by a Master. (See letters, attached.)
5. Neither admitted nor denied. Plaintiff has no
knowledge of what her attorney at the time who has since moved to
withdraw might have represented to Defel\dant's counsel.
Plaintiff is currently represented by new counsel who is now
attempting to secure the information necessary to resolve the
case.
6. Admitted. (See letters, attached.)
7. Admitted in part and denied in part. If by "this
matter" Defendant refers to a divorce it is denied that he is
"unable to bring this matter to a conclusion" (Motion to Dismiss)
Clearly, he has the options of attempting to secure a fault
divorce or to bifurcate. Admitted that absent success on one of
these petitions, Defendant will be required to wait until the
divorce is ripe for disposition before proceeding to a Master on
equitable distribution. In the meantime, and absent such
petition, Plaintiff cannot lawfully be "directed to consent to a
divorce." (Motion to Dismiss) Denied that the case will "simply
[be] left open on the docket." (Motion to Dismiss) Plaintiff
intends to take all necessary and appropriate steps to secure the
information she needs to make informed decisions concerning the
extent and nature of the marital estate and an appropriate
division thereof. Defendant can expect to receive
interrogatories and requests for information in the very near
future. Once information has been exchanged, Plaintiff will be
willing to engage in further negotiations concerning equitable
distribution.
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SHIRLEY A. MILLER, I IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 94-3077 CIVIL TERM
I
JOHN E. MILLER, IN DIVORCE
Defendant .
.
PLlIHTIrr'8 RBSPON8B TO D!rBHDlHT'S R!OUE8T
FOR PRODUCTION or DOCUKlNT8
NOW COMES the Plaintiff above-named, Shirley A. Miller,
by her attorney, Marilyn c. Zilli, who files the following
objections to Defendant's Request for production of Documents:
1. The requests are unclear in their reference to
"the subject matters of this litigation." The subject matter of
this litigation is Plaintiff's request for a divorce pursuant to
section 330l(c) or 330l(d) of the Divorce Code and for equitable
division of the marital assets. No other claim, either civil or
criminal, is cognizable within Defendant's term.
2. If the requests relate to reports Plaintiff
might have given to the police or any other agency, the discovery
is sought in bad faith, in violation of Rule 40ll(a), in that its
clear purposes are harrassment and intimidation.
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LA W OFFICES
FLOWER. MORGENTHAL. FLOWER & LINDSAY
A PROFESSIONAL CORI'ORATION
II EAST HIGH STREET
CARLlSLE,PENNSYLVANIA 1701J.JOlb
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E. Robert Elicker, II, Esquire
SS West Church Avenue
Carlisle, PA 17013
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,,~1.-i:r','N",',',,: n EAIT HIGH IT"EET.' CAItUBLE. PENNIYLVANIA1701NO....
~:'\~,;J::~...!;\';"':;,t\\ " "
SHIRLEY A. MILLER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 94.3077 CIVIL TERM
IN DIVORCE
Plaintiff
v.
JOHN E. MILLER,
Defendant
AND NOW this
~
17 +1..., day of '1tlJ7).i 11~
, 1994, upon
consideration of the within Motion, a Rule Is Issued upon Shirley A. Miller to show cause why Carol
J. Undsay, Esquire, should not be permitted to withdraw as her counsel.
RULE returnable
--
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days from the date of service.
By the Court,
1.,1 ~ t ~tA~
~Rl.IE COpy FROM RECORD
~~~ ~f,~Ir~(~",Y I\'ile: (;~';f: I hiire tI~fl) sel my hand
lis tI 11 UI ",\i~ I'JlIIl ::1 C.lrll~lo. ~.
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Prolhonorary ,
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c:lwplll<jNIY...._.cri 1\10 , 4Jll,94.\l1
SHIRLEY A. MILLER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 84-3077 CIVIL TERM
IN DIVORCE
Plaintiff
v.
JOHN E. MILLER,
Defendant
NOW comes Carol J. Undsay, Esquire, Counsel for the Plaintiff, and moves this Honorable
Court as follows:
1. On June 8, 1994, Counsel's law firm filed a Complaint for Divorce on behalf of the
Plaintiff, Shlriey A. Miller.
2. A Counter-Claim for Divorce was filed on November 4, 1994 and a Motion for the
eppolntment of a Master was filed sometime earlier, on or about October 19, 1994.
3. On October 11, 1994, Movant had an appointment with Plaintiff to determine the
direction Plaintiff wished to proceed of those set out to her In prior meetings. Plaintiff canceled the
appointment with the Information that she was seeking other counsel. Since that time, Plaintiff has
not contacted Counsel In response to letters or copies of letters sent to her.
4. On October 21, 1994, Movant addressed a letter to Plaintiff providing ten days In which
to contact Movant regarding representation. A copy of the October 21, 1994 letter 19 attached
hereto as exhibit "A".
5. On November 3, 1994, Movant sent a copy of a letter to the Master, noting Plaintiff's
failure to contact her. A copy of the November 3, 1994 letter Is attached hereto as exhibit "B".
6. Because a Master's hearing may be pending and because Plaintiff does not wish to
be represented by Counsel, It will be Impossible for Movant to represent her.
c:lwp.lll<j~_,ord r... '41SS-94.01
SHIRLEY A. MILLER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 94-3077 CIVIL TERM
IN DIVORCE
Plaintiff
v.
JOHN E. MILLER,
Defendant
AND now, this
I'!
~J~").?((1Ir.'t { , , 1994, I, Carol J. Undsay, Esquire,
.
day of
of the law firm of FLOWER, MORGENTHAL, FLOWER & UNDSAY Attorneys, hereby certify that I
served the within Motion to Withdraw as Counsel this day by depositing same In the United States
Mall, First Class, Postage Prepaid, In Carlisle, Pennsylvania, addressed to:
Thomas J. Williams, Esquire
MARTSON, DEARDORFF, WILLIAMS' OlTO
Ten East High Street
Carlisle, PA 17013
E. Robert Elicker, II, Esquire
55 West Church Avenue
Carlisle, PA 17013
FLOWER, MORGENTHAL FLOWER' LINDSAY
By:
( /'
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carol J. ndsay, Esquire
10 /I 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
.
3