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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF * PENNA.
.ID HILLII,
Pl.lnUtt
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It - USO CIVIL 'l'IJUC
\'l'I'....llS
AllTBONY ICILLBR,
Defend.nt
DECREE IN
DIVORCE
AND NOW, ' .. .. .. ,p~~, . ,?-, 'f~ , . '. 19.9.1". it is ordered and
BIlTH HILLIlR
decreed that "",."'""""""""."""..,...".".,,.,'. plaintiff,
ANTHONY ICILLIlR
and, , , , , , , , , . , , , , , , , . , , , , . ' , , , , . , , , . , . . . . ' , , , , . ' , , , , , , , , . . , ., defendant,
are divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which have
been raised of record in this acticn for which a final order has not yet
been entered;
IT 18 rURTHII ORDIRlD .nel DICRlID th.t the t.l'1I. anel
cODelltlon.,of,~b..Ha~it.l,8.t\1...Dt,A9~....nt..cI.t.eI,Deo.abe. 7,
1"7, a ber.to, ar. incorpor.t.d b.r.ln by r.f.~.noe.
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3. DIVORCE: It is specifically understood and agreed
by and between the parties, and each of the said parties doe.
hereby warrant and represent to the other that, as defined in
the Divorce Code (23 Pa, C.S.A. 13101 et seq.), their marriage
is irretrievably broken. WIFE has filed an action in the
Court of Common Pleas of Cumberland County, Pennsylvania at
Docket No. 94-6250 civil Term. The parties agree to take all
legal steps, including, without limitation, the timely and
prompt submission of all documents and the taking of all
actions necessary to assure that a divorce pursuant to Section
3301(c) of the Divorce Code is entered as soon as possible.
This Agreement shall be incorporated by reference but not
merged into the proposed Divorce Decree presented to the
Court.
4. LEGAL EFFECT: The provisions of this Agreement are
intended to effect a legally binding property settlement
between the parties. WIFE has been represented by Paige
Macdonald-Matthes, Esquire, of Cunningham & chernicoff, P.C.
and HUSBAND was formerly represented by Samuel L. Andes,
Esquire, but is now representing himself, pro se. Each party
acknowledges that she or he each fully understands the facts
and has been fully informed as to her or his legal rights and
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obligations, and each party acknowledges and accepts that this
Agreement is fair and equitable, that it is being entered into
freely and voluntarily and that this Agreement and the
execution thereof is not the result of any duress, undue
influence or collusion.
5. INTERFERENCE: Each party shall be frse from aU
control, restraint, interference or authority, direct or
indirect, by the other in all respects as fully as if she or
he were unmarried. Each may reside at such place or places as
he or she may select. Each may for his or her separate use or
benefit, conduct, carryon and engage in any busines.,
occupation, profession or employment which to him or her may
seem advisable. This provision shall not be taken, however,
to be an admission of either HUSBAND or WIFE of the lawfulness
of the causes which led to, or resulted in, the continuation
uf their living apart. HUSBAND and WIFE shall not molest,
harass, disturb or malign each oth(.r or the respective
families of each other, nor in any way interfere with the
peaceful existence, soparate and apart from the other, nor
compel or attempt to compel the other to cohabitate to dwell
by any means or in any manner whatsoever with him or herl each
of the parties understands and agrees that he or she shall not
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8. CUSTODY AND VISITATION: The partie. .hall .hare
legal custody of the parties' minor child, and WIFE .hall have
primary physical custody of the minor child with FATHER to
have partial phy.ical custody for visitation as more fully .et
forth in the paT.'\:ies Custody stipulation and corresponding
Order of Court entered at Docket No. 94-6251 civil Term in the
Court of Common Pleas of Cumberland County.
9. CHILD SUPPORT: The parties agree that child support
shall be paid through the Cumberland County Domestic Relation.
Office pursuant to the Order for Support entered at Docket No.
DR. 23,257.
Commencing as of the calendar year 1995, WIFE shall be
entitled to claim the CHILD on her Federal Income Tax Returns
under Section 15l and 152 of the Internal Revenue Code of
1986, as amended.
10. PERSONAL PROPERTX: The parties agree that from and
after the date of the signing of this Agreement, both part i..
shall have complete freedom of disposition as to hi./her
separate property and any property which i. in their
possession or control pursuant to this Agreement and may
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mortqage, .ell, grant, conveyor otherwise encumber or dispo.e
ot .uch property whether real or personal, whether .uch
property wa. acquired betore, during or after marriage, and
n.ither HUSBAND nor WIFE need join in, consent to or
acknowledge any deed, mortgage or other instrument of the
other pertaining to the di.position of property.
11, DIVISION OF REAL PROPERTY: HUSBAND and WIFE hereby
agree and acknowledge that WIFE owns separate real property
looated at 195 North 72 street, Harrisburg, Dauphin County,
penn.ylvania 17111, .s her sole and separate property.
HUSBAND and WIFE hereby agree and acknowledge that
Hu.band own. separate real property located at 244 Creek Road,
Camp tl111, Cumberland County, Pennsylvania, 17011, as his sole
and separate property.
Wlrr. and HUSBAND each agree to hold the other harmless
and indemnity each other from any liability arising from their
re.pective properties.
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12. LUMP BUM TO WIFE: HUSBAND agrees that he shall pay
to WIFE, on the execution date of this Agreement, the sum of
Two Thousand Dollars ($2,000.00). The part ies acknowledge and
agree that this sum is the nature of a property distribution
and thus shall not be includable in WIFE' II income nor
deductible by HUSBAND for tax purposes.
13. MARITAL DEBT: The parties agree that they will have
satisfactorily divided all marital debt and there are no
remaining open marital accounts.
14. LEGAL FEES: HUSBAND agrees that he shall pay for
one-half (1/2) of the legal fees and related expenses incurred
by WIFE during the course of this divorce proceeding. HUSBAND
further agrees that he shall be responsible for payment of
one-half (1/2) of WIFE'S leagl fees on the date that this
Agreement is executed by both parties.
15. ALIMOijX: Both parties acknowledge and agree that
the provisions of this Agreement providing for equitable
distribution of martial property are fair, adequate and
satisfactory to them and are accepted by them in lieu of and
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in full and final .ettlement and satisfaction of any claim. or
demand. that either may now or hereafte:r have against the
other for .upport, maintenance, alimony pendente lite or
alimony. HUSBAND and WIFE further voluntarily waive and
relinqui.h any right to seek from the other any payment for
.upport, maintenance, alimony pendente lite or alimony.
16. PENSIONS. HUSBAND and WIFE shall maintain sole
ownership over his or her individual pension plan, profit
.haring or .imilar retirement plan acquired individually or as
the result of contributions by his or her employer. WIFE
hereby releas.s any interest that she has in the retirement
benefits of HUSBAND accumulated as the result of his
employment and any other additional benefits he may have
accrued. HUSBAND hereby releases any interest that he has in
the retirement benefits of WIFE accumulated as the result of
her employment and any other additional benefits she may have
accrued.
17. WIFE'S DEBTS: WIFE represents and warrants to
HUSBAND that she will not contract or incur any debt or
liabili ty from the date of October 24, 1994, for which HUSBAND
or his estate might be responsible and shall in~emnify and
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save harmless HUSBAND from any and all claims or demands made
against him or hi. estate by reasons of debt. or obligation.
incurred by WIFE after the date of the filing of the Divorce
Complaint, including costs and counsel fees pertaining
thereto.
18. HUSBAND'S DEBTS: HUSBAND represents and warrant.
to WIFE that she will not contract or incur any debt or
liability from the date of October 24, 1994, for which WIFE or
his estate might be responsible and shall indemnify and save
harmless WIFE fI'om any and all claims or demands made against
him or his estate by reasons of debts or obligations incurred
by WIFE after the date of the filing of the Divorce COlllP1aint,
including costs and counsel fees pertaining thereto.
19. MISCELLANEOUS: All assets including but not limited
to savings accounts, checking accounts, certificates of
deposit, and life insurance policies shall be the sole and
separate property of the title holder of said asset.
The parties believe and agree, and have been so advi.ed
by their respective attorneys, that the division of property
heretofore made by thio Agreement, is a non-taxable divi.ion
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of property between co-owner. rather than a taxable .ale or
exchange of such property. Each party promise. not to take
any position with respect to the adjusted ba.is of the
property a.signed to him or her, or with re.pect to any other
i..ue which is inconsistent with the position set forth and
the proceeding .entence in on his or her federal or state
income tax returns.
The parties have heretofore fUed joint federal and state
tax returns. Both parties agree that in the event any
deficiency in federal, state or local income tax i. propoeed,
or any assessment of any such tax is made against either of
them, each will indemnify and hold harmless the other from any
loss or liability for any such tax deficiency or as.e..ment or
any interest, penalty or expense incurred in connection
therewith. Such tax, interest, penalty or expense shall be
paid solely and entirely by the individual who has finally
determined to be the cause of the misrepresentations or
failure to disclose the nature and extent of his or her
separate income on the aforesaid joint returns.
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(1) HUSBAND agrees that he shall maintain a life
insurance policy on him.elf in an amount not le.. than
$50,000.00 to cover the amount of Child Support HUSBAND shall
owe until the CHILD reaches the age of 18 years or until the
CHILD completes his post-secondary eduction whichever occur.
last. HUSBAND agrees that he will irrovocably name his CHILD
as the named beneficiary' of this life insurance policy.
HUSBAND agrees that he will, upon executing this Agreement,
provide proof of the existence of the life insurance policy
irrevocably naming the CHILD as beneficiary to WIFE. HUSBAND
shall provide bi-annual statements Qf verification that the
policy is being maintained as agreed to herein.
(2) WIFE agrees that she shall maintain a life
insurance policy on herself in an amount not les. than
$50,000.00 to cover the amount of Child Support WIFE shall owe
until the eHILD reaches the age of 18 years or until the CHILD
completes his post-secondary eduction whichever occur. la.t.
WIFE agrees that she will irrevocably name her CHILD as the
named beneficiary of this life insurance policy. WIFE agrees
that she will, upon executing this Agreement, provide proof of
the existence of the life insurance policy irrevocably naming
the CHILD as beneficiary to HUSBAND. WIFE shall provide bi-
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annual statements of verification that the policy i. beinq
maintained as agreed to herein.
21. DISCLOSURE OF ASSETS: Each party hereby warrant.,
represents, covenants, declares and acknowledges that he or
she has made a full and complete disclosure to the other party
of his or her entire assets and liabilities.
22. SURVIVAL UPON DIV~: This Agreement shall not be
considered to effect or bar the right of WIFE or HUSBAND to a
limited or absolute divorce on lawful grounds if such grounds
now exist or shall hereafter exist or to such defense as may
be available (this provision is intended to Ioe read in
conjunction with Paragraph 3 above). It is agreed that this
Agreement shall not be impaired by any Divorce Decree which
may be granted, but shall continue in full force and effect,
notwithstanding the granting of any such decree. This
Agreement is not intended to condone and shall. not be deemed
to be a condonation on the part of either party hereto of any
act or acts on the part of the other party which have occasion
to disputes or unhappy differences which have occurred prior
to or which may occur subsequent to the date hereof.
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23. MUTUAL RELEASE: HUSBAND and WIFE each do hereby
mutually remise, release, quit-claim and forever discharge the
other and the estate of such other, for all time to come, ftnd
for all purposes whatsoever, of and from any and all rights,
titles and interest or claims in or against the property
(including income and gain from property hereafter accruing)
of the other or against the estate of such other, of whatever
nature and wheresoever situate, which she or he may have
against such other, the estate of such other, or any part
thereof, whether arising out of any former acts, contracts,
engagements or liabilities of such other, or by way of dower
or curtsy, or claims in the nature of dower or curtsy, a
widow's or widower's rights, family exemption or similar
allowance, or under 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 (a) Pennsylvania;
(b) any state, commonwealth or territory of the United States;
or (c) any other country, except, and only except, all rights
and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any
provisions hereof. It is the intention of HUSBI.ND and WIrE to
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give each other by the execution of this Agreement a full,
complete and general release with respect to any and all
property which has been disclosed, of any kind or nature,
real, personal, or mixed, which the other now own. or may
hereinafter acquire, except and only except, aU right.,
agreements and obI igations of whatsoever nature arisinq or
which may arise under this Agreement or for the breach of any
thereof.
24. FURTHER DOCUMENTS: HUSBAND and WIFE agree to
execute any and all written instruments, assignments,
releases, deeds and other documents and writings which from
time to time may become necessary to effectuate the term. of
this Agreement.
25. ENTIRE AGREEMENT: HUSBAND and WIFE do hereby
covenant and warrant that this Aqreement contains all of the
representations, promises and agreements made by either of
them to the other for the purposes set forth in the preamble
hereinabove; that there are no claims, promise. or
representations not herein contalned, either oral or written,
which shall or may be charged or enfoI'ced or enforceable
unless reduced to writing and signed by both of the partie.
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hereto I and the waiver of any term, condition, clau.s or
provi.ion of.this Agreement .hall in no way be deeme4 to be
conei4ered a waiver of any other terms, conditionll, clau.e. or
provisions of this Agreement. This Agreement may be amended
by the partie. only by a written in.trument .igned by both
parties hereto.
26. NONWAIVER OF PERFORMANCE: This Agreement .hall
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 not be construed
as a waiver of any subsequent default of the same or .imilar
natut'e.
27. INVALIDITY: If any term, condition, clause or
provision of this Agreement shall be detennined 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 his or her
obligations under anyone or more of the paragraph. herein,
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28. BREACH: If either party breaches any provi.ion of
this Agreement, the other party shall have the right, at hi.
or her election, to sue for such breach at law or in equity to
enforce any rights and remedies which the party may have, and
the party breaching this Agreement shall be responsible tor
legal tees, court costs and expenses incurred by the other in
onforcing his or her rights under this Agreement.
with the exception of the satisfaction of the conditions
precedent shall in no way avoid or alter the remaining
obligations of the parties.
29. BINDING EFFECT: Except as otherwise stated herein,
this Agreement shall be binding and it shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
30. EFFECTIVE DATE: Except as otherwise specifically
provided herein, this Agreement shall be efrective on the date
first above written.
31. GOVERNING LAW: This Agreement shall be construed in
accordance with the laws of the Commonwealth of Pennsylvania.
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32. ADDRESS: Each party shall at all time. keep the
other informed of his or her place of re.idence and .hall
promptly notify the other of any change, giving the addre.. of
the new place of residence until all obligations under this
Agreement have been satisfied.
IN WITNESS WHEREOF, and intending to be legally bound
hereby, the parties h~ve signed and sealed this Agreement on
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the I day of Qe'.lIIel', 1997 at Harrisbllrg, Pennsylvania.
WITNESS:
1.2/;/9;
&-j.>J..t~
BETH MILLER
aJk J1:
ANTHONY MILLER
J.z/iJ'I1
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IN TilE COURT or COMMON PLBAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 6250 CIVIL TERN
CIVIL ACTION - ACTION
IN DIVORCE
BETH HILLER,
Plaintiff
ANTHONY MILLER,
Defendant
PRAIOIPB TO TRANSMIT RBOORD
TO TH~ PROTHONOTARY:
Tranemit the record, together with the following
information, to the Court for entry of a Divorce Decree:
1. Ground for divorce: irretrievable breakdown under
13301(c::) or 3391(11) (1) of the Divorce Code. (Strike out
inapplicable section.)
2. Date and manner of service of the Complaint:
Defendant was .ervad on November 5. 1994 bv certified mail.
r.turn receiDt reauested. restricted deliverY. a. evidenced bv
the certificate of Service filed to the within term.
3. (Complete either Paragraph (a) or (b)).
(a) Date of execution of the Affidavit of Con.ent
required by !l3301(c) of the Divorce Code: by Plaintiff:
December 13, 1997; Defendant: December 7, 1997.
(b)(l) Date of execution of the Affidavit required by
13301(d) of the Divorce Code: N/A
(2) Date of filing and service of the Plaintiff'.
Affidavit upon the respondent: N/A
4. Related claims pending: All economic and eauitable
distribution claims were addressed and have been settled bv
aqreement.
5. (Complete either Paragraph (a) or (b)).
(a) Date and manner of service of the Notice of
Intention to File Praecipe to Transmit Record, a copy of which
i. attached: N/A
(b) Date Plaintiff's Waiver of Notice in 13301 (c)
Divorce was filed with the Prothonotary: December 17. 1997.
Date Defendant's Waiver of Notice in 13301(c)
Divorce was filed with the Prothonotary: December 17. 1997.
CUNNINGHAM' CHERNICOFF, P.C.
Date:
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By: ~~-ig~ '~~c~~'~~{~:;~~;e~',f';~I;ire
1.0. 166266
2320 North Second street
P. O. Box 60457
Harrisburg, PA 17106-0457
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. q/r (,)5"{) (l1.AJ-CUC'-.y.'-
BETH MILLER,
plaintiff
ANTHONY MILLER,
Defendant
CIVIL AC'rION - LAW
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 reI ief 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 c~unseling. A list of marriage counselors is
available ln the Office of the Prothonotary at Dauphin
County Courthouse, Harrisburg, Pennsylvania.
IF YOU DO NeT FILE A CLAIM FOR ALIMONY, MARITAL
PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE
OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT
TO CLAIM ANY OF THEM. YOU SHOUI,D 'fAKE 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 OU'f WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURT ADMINISTRATOR
Cumber.land CQunty Courthouse, 4th Floor
1 Courthouse Squ~re
Carlisle, PA 17013-3387
Telephone: (717) 240-6200
FARR & CUNNINGHAM, P.C.
Date: _~
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By: I,-.-.l (\.1.~,.,,\''\.L\('nl.''n.O~ -,~
Paige Macdonald-Matthes, Esqu re
1.D. #66266
2320 North Second Street
P. O. Elox 1855
Harrisburg, PA 17105-1855
4. The Detendant has been a bona tide resident in the
Commonwealth of Pennsylvania for at least the last six (6)
months immediately previous to the filing of this Complaint.
5. The
January 8,
Pennsylvania.
Plaintiff
1994, in
and
Camp
Defendant were married on
Hill, Cumberland County,
6. The Plaintiff avers as t.he grounds on which this
action is based that:
(a) The Defendant has offered such indignities to the
person of the Plaintiff, the injured and innocent spouse, as
to render her condition intolerable and life burdensome; and
(b) Furthermore, the marriage is irretrievably broken.
7. There has been no prior action for divorce or
annulment of marriage btitween the parties in this or any
other jurisdiction.
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8. The Plaintiff has been adviqed of the availability
of counseling and that the Defendant may have the right to
request that the Court require the parties to participate in
counseling.
WHEREFORE, the Plaintiff prays your Honorable Court to
enter a Decree in Divorce from the bonds of matrimony.
COUNT II
9. The averments in Paragraphs 1 through 8,
inclusive, are incorporated herein by reference thereto.
10. During the course of the marriage, the parties
acquired marital property.
WHEREFORE, the Plaintiff requests the Court to
equitably determine, divide, distribute and assign the
It
marital property of the parties pursuant to Section 3501 of
the Divorce Code.
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VERIFICATION
I, Beth Miller, verify that the statements made in the
foregoing Complaint in Divorce are true and correct to the
best of my knowledge, information and belief.
I understand
that false statements herein are made subject to the
penalties of 18 Pa. e.s. ~4904, relating to unsworn
falsification to authorities.
~~
Beth Miller
Date:
/ ()- .24 - 91-
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AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
ss;
COUNTY
OF
DAUPHIN
The plaintiff, being duly sworn according to law,
deposes and says that she is the Plaintiff in the above
captioned matter and that she personally knows that the
Defendant is over the age of eighteen (18) years.
The plaintiff further avers that the Defendant is not
in the Military Service or in any branch of the Armed Forces
of the united States of America or its Allies or otherwise
within the provisions of the Soldiers' and sailors' civil
Relief Act of congress of 1940 and its Amendments.
AHJ!. ~~....,
Beth Miller
SWORN and subscribed to
Before me this a It*- day
of ac\ob>r , 1994.
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NOTARY PUBLIC
Nolarlll S..I
Mlctlele S. Miller, Notlry Public
M_n lIoto, Olup/lln County
My Comml.1Ion hpl... July &, 11l!l&
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY
ss;
OF
DAUPHIN
I, Beth Miller, being duly sworn according to law,
depose alld say:
(1) I have been advised of the availability
of marriage Counseling and understand that I may
request that the Court require that my spouse and I
participate in counseling.
(2) I understand that the Court maintains a
list of marriage counselors in the Domestic
Relations Office, which list is available to me
upon request.
(3) Being so advised, I do not request that
the Court require that my spouse and I participate
in counseling prior to a Divorce Decree being
handed down by the court.
I understand that false statements herein are made
subject to the penalties of 18 Pa.C.s. H904 relating to
unsworn falsification to authorities.
A... ()4<. j LL.
~er
SWORN and Subscribed to
Before me this a~'day
of 0(' \.tlne. ('
, 1994.
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NOTARY PUBLIC
Nolanal Seal
Mc~'" $. 10111I." Notaly Public
MI~ 1000, O........n CounlY
My CllIMllasilltl E .pi," .My~, '99Il
Moon'Clor. _...... . ~ NaIna
. I. '
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-6250 civil Term
CIVIL ACTION - LAW
IN DIVORCE
BETH MILLER,
plaintiff
ANTHONY HILLER,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under section 3301(c) of the
Divorce Code was filed on November 2, 1994.
2. The marriage of plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from
the date of filing and service the Complaint.
3. I consent to the entry of a Final Decree of Divorce
after service of Notice of Intention to Request Entry of the
Decree.
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.A. Section 4904
relating to unsworn falsification to authorities.
Date:
/ :;/13/'; 7
~i~~
Beth M ller .
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BETH MILLER,
Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-6250 Civil Term
ANTHONY MILLER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF A DIVORCE DECREE UNDER .3301(CI 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 dec~ee 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. S4904,
relating to unsworn falsification to authorities.
Date:
I..2Jn/r.;j
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Beth Miller
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Plaintiff
I IN THE COURT or COMMON PLIAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 94-6250 civil Term
: CIVIL ACTION - LAW
IN DIVORCE
v.
ANTHONY MILLER,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on November 2, 1994.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from
the date of filing and service the Complaint.
3. I consent to the entry of a Final Decree of Divorce
after service of Notice of Intention to Request Entry of the
Decree.
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.A. Section 4904
relating to unsworn falsification to authorities.
Date: -1iJ7/97
Cl:it ~.M
Anthony'~Mil er
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-6250 Civil Term
BETH MILLER,
plaintiff
ANTHONY MILLER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
EBOOF OF SERVICE
I, Paige Macdonald-Matthes, do hereby certify that a
true and correct copy of the Complaint in Divorce in the
above captioned matter was served on Defendant, Anthony
Miller, by First Class, Certified, Restricted Delivery
Mail, postage prepaid, on November 5, 1994. The receipt.
card is attached hereto.
Respectfully submitted,
FARR , CUNNINGHAM, P.C.
Date: "','~urnl*^ ,<'1) I'W./
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By:"'-^' (uQl;jS\'\^-~~.~d ..~
Paige Macdonald-Matthes, Esquire
1.0. *36212
2320 North Second Street
P.O. Box 1855
Harrisburg, PA 17105-1855
(717) 238-6570
(Attorneys for plaintiff)
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B. It ie specifically and categorically denied that
there is more than one (1) que.tion in Plaintiff'.
Interrogatorie. which request. information about the .exual
conduct of Defendant. By way of further answer, only one (1)
Interrogatory requests information about the .exual conduct of
the Defendant durina the course of the marriaae and i. thus
very relevant in determining whether or not an indignities
hearing is required.
13. Denied. It is specifically and categorically denied
that Plaintiff's request for discovery at this time i.
premature. Plaintiff '. Complaint specifically and clearly
provides a claim for equitable distribution and thu., pur.uant
to Pa, R.C.P. 1920.22(b) Plaintiff's request for di.covery at
this time is not premature. By way of further respon.e, the
fact that Plaintiff has attempted to engage in discovery well
in advance of a Master '. Hearing in the effort to obtain
information such that a Master's Hearing mayor may not be
necessary is demonstrative of the fact that Plaintiff and her
counsel have demonstrated from the inception of this action a
remarkable willingness to look to a po.sible .ettlement,
contrary to the averments set forth in Paragraph 9 of the
Defendant'. Answer to the Plaintiff'. Motion to Compel
Diecovery. The tact that Defendant aver. that "the grounds
"
.
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for divorce have not yet accrued and may well not acorue tor
another year or two" is incredulou..
Such statem.n~ i.
indioative of the dilatory effort. employed by the Defendant
in this matter.
WHEREFORE, plaintiff, Beth A. Miller, re.pectfully
reque.ts this Honorable Court i.sue an Order compelling
Defendant, Anthony Miller, to comply with the discovery
requests served upon Defendant in this matter and further
award Plaintiff all such other relief a. is proper and ju.t,
including co.t..
Respectfully .ubmitted,
CUNNINGHAM' CHERNICOFF, P.C.
Date: \ l'r.n.~~. ffi('
B~:'~C:~~~h~~;;ire
1.0. 166266
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
(Attorney. for Plaintiff)
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1m "ILLH, ) IN THB COURT or cotIlON
Plaintiff ) PLlAI or CU"IIILAND "
) COUNTY, PBNNSYLVANIA I
VI. )
) CIVIL ACTION - LAW I
) I
ANTHONY HILLY, ) NO. 94-62~0 CIVIL TBlH
Deftndlnt ) IN DIVORCB
IIO'I'IC'
to PLAIN'1'lrr NAHD HIRIIN:
YOU AlB HBlBBY NOTIPIED TO lSSPOND TO THB BNCLOSED ANSWD AND NBN KATT~ WITHIN
fWlNTY (201 DAYS rlOM SIlVICE HBRRO' OR A DBPAULT JUDGKBNT KAY BE ENTBlBD AGAINST YOU.
ANDBS. VAUGHN' BANGS
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Attorney for Defendant
Supre.. Court ID l122~
~2~ Nortb 12tb Street
LeIoyne. PA 11043
(1111 16l-~361
,
18TH "ILLIR, ) IN THE COURT or cotlIION
PlIintUf ) PLIAS or CUIlIBRWD
) COUNTY, PENNSYLVANIA
v.. )
) CIVIL ACTION - LAW
)
ANTHONY HILLER. ) NO. 94-63~0 CIVIL TIRK
Defendant ) IN DIVORCE
DBPIlIlDltI'r'l ..llID to PLAIMI"'I tm'IOIl to COIlPBL DIICOVD.!
AID lOW coae. the above-na..d Defendant, by hi. attorneys, Andes, Vaughn' ling.,
Ind .Ikes the following Anawer to Plaintiff'. Motion to Coapel Discovery:
1. Adeli tted.
3. Ad.1tted.
3. Ad.1tted.
4, Adelitted. The aver.ents aet out in Oefendant'a New Hatter are incorporated
I
herein by reference.
~. Adel1tted.
6. A&eitted in part and denied in part. It ia a~itted that Pl.intiff'. coun.el
wrote and reque.ted anawer. to the Interrogatories by 3~ April 199~, It i. expre..ly
!
denied that the Interrogatories had been served upon Defendant'a counael on 34 rebruary
1995 and i. Iverred, to the contrary, that auch Interrogatories were only .erved upon
1
I said coun.el on or Ibout 36 Harch 199~.
1. Ad.itted.
B. Ad.itted.
9. Denied. Plaintiff and her counsel have deeonstrated, froa the inception of
this action, a re..rklble unwillingneas to discua. aettl...nt. The aver..nt. set out
. in Defendant'. New Hatter are incorporated herein by way of additional an.wer.
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10. Denied for the reasons set out in Para~raph 9 above and in Defendant's Nev
!latter.
11. Denied for the reasons set forth in Defendant'. Nev Katter.
1HIIIPOlB. Defendant prays that Plaintiff's Kotion to COIpel Discovery be
dll.lI.ed.
nw IIAftII
12. The di.covery sought by Plaint.iff in this .atter is prohibited by the
PeDDsylvania Rules of Civil Procedure. Specifically:
A. Pa. R.C.P. 1920.22 prohibits discovery otber tban written
interro~atories unless authorized by special order of court. Thus
Plaintiff's Request for Production of Docueents, without a special order of
court autborizing the sa.., i. prohibited.
B. Pa. R.C.P. 1920.22 li.its interrogatories to econOlic clai.s. At
least one of Plaintiff's Interrogatories. requesting infor.ation about sexual
cODduct by Defendant. is beyond di.covery as per.itted by .aid Rule and i.
: I intended only to e.barn.. Defendant.
13. Plaintiff'. reque.t for discovery at this ti.e is pre.ature. The ground. for
,
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: divorce have not yet accrued and ..y well not accrue for another year or tvo.
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',Coepelling Defendant to respond to Plaintiff'. discovery reque.ts at the pre.ent ti..,
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I'lea.t the grounds for
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divorce having accrued or tbe parties having filed consents, will
to unreasonable expense and inconvenience nov wbicb viII only be
required later vben tbe grounds for divorce bave accrued and tbe parties are ready to
:: conclude tbeir various clai.s.
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Dilcovery.
ANDBS, VAUGHN' BANGS
BY~
..uel L. Ande.
Attorney for Defendant
Supr... Court ID l133~
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BETH MILLER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-6250 civil Term
CIVIL ACTION - LAW
IN DIVORCE
ANTHONY MILLER,
Defendant
PLAINTIrr'8 OBJECTION TO DISMISSAL roa INACTIVITY
AND NOW, comes the Plaintiff, Beth Miller, by and through
her counsel, Cunningham & Chernicoff, P.C., and files her
objection to the above-captioned case being purged from the
Court Docket and in support thereof avers as follows:
1. The above-referenced Complaint in Divorce was filed
by the Plaintiff on November 13, 1994.
2. During the course of the above-captioned proceeding,
Plaintiff was represented by Cunningham & Chernicoff, and the
Defendant, Anthony Miller was represented by Samuel L. Andes,
Esquil'e,
3. Despite Plaintiff's diligent efforts to resolve the
equitable distribution matters raised in her Complaint for
Divorce by way of negotiation with the Defendant, the
Defendant has, to date, failed to cooperate with Plaintiff'.
efforts.
4. During the pendency of this divorce action, the
parties attempted to negotiate a reconciliation by way of
A
attendinq marriage coun.ell1nq. The ooun..llinq, howsver, was
un.ucce.sful, and the partie. have not determined to reooncile
their difference. and reunite a. Husband and wife.
5. On February 17, 1997, plaintiff, by and throuqh her
counsel, attempted to reinstitute negotiation. for the
settlement of the above-reference divorce action.
6. On Maroh 27, 1997, counsel for Plaintiff was
informed by Defendant' s former counsel, Samuel L. Andes,
Esquire, that he had not heard from his client, and that he
did not know if the Defendant had retained alternative counsel
in this matter.
7. Plaintiff has been advised by the Defendant that he
is not currently represented by counsel and intends to
represent himself in this matter, pro se.
a. Plaintiff believes and therefore avers that the
Defendant is now willing to cooperate with settlement
negotiations in this matter and to that end, the Plaintiff has
directed her counsel to prepare a Marital Settlement Agreement
memorializing the terms and conditions that the parties have
discussed and tentatively agreed to.
9. Based on the fact that there has been a change in
Defendant's counsel during this oase since the initial filinq
date, and based on the fact that Plaintiff ls .till de.irou.
2
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BETH MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
v.
NO. 94-6250 Civil Term
ANTHONY MILLER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the
PLAINTII" I S OBJECTION TO DISMISSAL WaR INACTIVITY in the
above-captioned matter was placed in the United States mail,
first class, postage prepaid in Harrisburg, Pennsylvania on
October 7, 1997, on the following:
Anthony Miller
144 Creek Road
Camp Hill, PA 17011
(Pro se litigant)
Samuel L. Andes, Esquire
525 North 12th street
Lemoyne, PA 17043
Respectfully submitted,
CUNNINGHAM & CHERNICOFP, P.C.
Date:
o.~,M><1~ 't I'VI?
---.. .
By: \...A...~Ui\V' J.:'''\I\.f'I~''n.'''LO~'.n'l'),'ttt..u./\
paig'e Macdonald-Matthe., Esq.
1.0. '66266
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
(Attorney for the Plaintiff)
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BITH MILLER, I IN THI COURT OF COMMON PLIAS
plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v. I NO. 94-6250 Civil Term
I
ANTHONY MILLER, . CIVIL ACTION - LAW
.
Defendant . IN DIVORCE
.
BUUi
AND
NOW,
thb
.;-'"
day
1995,
upon
of
May,
consideration of the plaintiff's Motion to Compel Discovery
which is annexed hereto, it is hereby
ORDERED that a Rule to Show cause is issued upon
Defendant, Anthony Miller, to show cause, if any he has, why
he should not respond the Interrogatories and Request for
Production of Documents which were served by the plaintiff.
Rule returnable
2 0 days ----{tv J-M,....
BY THE COURT:
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BETH MILLER, : IN THE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. I NO. 94-6250 civil Term
.
.
ANTHONY MILLER, . CIVIL ACTION - LAW
.
Defendant . IN DIVORCE
.
MOTION TO COMPEL DISCOVERY
AND NOW, comes Plaintiff, Beth Miller, by and through
her counsel, cunningham & Chernicoff, P. C., and files her
Motion to Compel Discovery and in support thereof avers as
follows:
1. On February 24, 1995, Plaintiff, by and through
her counsel, served Interrogatories in a Divorce Action upon
counsel for the Defendant, Samuel L. Andes, Esquire, and the
Defendant. A true and correct copy of Plaintiff's counsel's
cover letter is attached hereto and marked as Exhibit "A".
2. On March 22, 1995, plaintiff's counsel received
correspondence from Defendant '. counsel informing her that
her Interrogatories in Divorce had violated Cumberland
County's Local Rule which limits Interrogatories to no more
than forty (40) in number.
A copy of defense counsel'.
letter of March 22, 1995 is attached hereto and marked as
Exhibit "B".
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3. On March 24, 1995, pursuant to defense counsel's
request, counsel for Plaintiff re.ponded to the issue.
raised in defense counsel's letter dated March 22, 1995 and
deleted Questions 11, 15, 16, 21, 24 and 28 from the
t
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original set of Interrogatories in Divorce Action.
Apart
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from the deletions, the remaining Interrogatories in Divorce
Action which were previously served on February 24, 1995
remained the same.
"
4. On March 24, 1995, Plaintiff's counsel also
forwarded Plaintiff's Request for Production of Doouments.
In light of the fact that this was tho first Request for
Production of Documents, the Request for Production of
Documents would be due thirty (30) days from the date of
receipt.
A true and correct copy of Plaintiff's cover
letter i. attached hereto and marked as Exhibit "Coo.
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5. On March 26, 1995, defense counsel received
Plaintiff's Request for Production of Document.. A copy of
the Dome.tic Return Receipt from the certified letter i.
attached hereto and marked as Exhibit "D".
6. On April 20, 1995, Plaintiff's coun.el again
corresponded with defense counsel to request the completed
Interrogatories in Divorce. In addition, Plaintiff'.
counsel specifically requested to have the re.ponses by
April 25, 1995, notwithstanding the fact that the same had
been served upon the Defendant on February 24, 1995, fifty
four (54) days previous. A copy of Plaintiff's counsel's
April 20, 1995 correspondence is attached hereto and marked
a. Exhibit liE".
7. As of the date of this filing, no response has
been received by Plaintiff's counsel's concerning the
request made on April 20, 1995 either in the form of service
of the anRwers to the Interrogatories and Request for
Production of Document., or by way of contact with defen.e
counsel regarding a request for an extension of time.
3
8. Defense counsel, as of the date of this filing,
has not contacted Plaintiff's counsel to request an
extension of time in which to complete and serve the
response. to the Interrogatories in Divorce and Request for
Production of Documents.
9. Plaintiff believes and therefore avers that the
answers to the Interrogatories, as well as the Request for
Production of Documents, will provide important information
based on which Plaintiff can begin to prepare a aettlement
offer in the pending divorce action.
10. Plaintiff believes and therefore avers that it is
in the parties best interest to resolve this matter in a
amicable resolution apart from a Master's Hearing.
11. Plaintiff believes and therefore avers that a
sufficient amount of time has passed to enable Defendant to
prepare the responses to the Interrogatories and Request for
Production of Documents.
WHEREFORE, in light of the foregoing, Plaintiff, Beth
A. Miller, respectfully requests this Honorable Court issue
4
JOaDAN D. eUNNINCHAM
JOIDT.. CHUNlCOff
DIIOIAH L PAem
PAlCI MAeDONAL~MATrHI5
MAle w, wrTZJC
CUNNINGHAM &: CHERNICOFF, P.C.
AlTORNEYS AT LAW
2320 NORTH SECOND STREET
P.O. BOX 604S7
HARRISBURG, PENNSYLVANIA 17106-G4.57
HlIISHIY nLlPHONI
(717) !l3ol-2t33
IllS NO. aU74t35
PAX
(717) 23I-4IOt
TlLlPHONE
(717) :/31-6510
February 24, 1995
Sa.uel L. Ande., Esquire
Ande., Vaughn , Bang.
525 North 12th Stre.t
P.O. Box 168
Le.oyne, PA 17043
ReI Beth A. Miller v. Anthony A. Miller
Dear Sam I
Enclosed for your client's review and completion i. an
original and two (2) copies of Interrogatories in a Divorce Action.
Thank you for your attention to this matter.
Very truly yours,
CUNNINGHAM' CHERNICOFF, P.C.
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Pai9. Macdonald-Matthe.
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CCI Ms. Beth A. Mill.r
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RECEIVED MAR 2 , _
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ANDES, VAUOHN Be BANOS
ATTORNEYS AT LAW
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LBICOYNB, PENNSYLVANIA 17043
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22 March 1995
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Paige Macdonald-Matth.., E.quire
P.O. BOX 60457
HarrilDurg, PA l7106
RE: Miller
Dear Paiqe:
I have reviewed the Interroqatories you .ent me and find
that they violate Cumberland County's local Rule, which limit.
Interro9atories, includinq sub-parts, to no more than forty in
number.
Unless you tell me otherwise, I will have Mr. Miller answer
the first forty questions in your Interrogatories and submit
those Answers to you. If you would prefer that he answer other
questions, rather than the first forty in order, please let me
know within ten days.
Sincerely,
ANDES, VAUGHN' BANGS
1 L. Andes
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" .J\tDAND,e-uNNINCHAM
,. ROIEIIT E. eHERNleOFF
DUOI\AH L. PAeKER
PAICE MAeOONAL~MArrHE5
MAIle W, WITZIG
CUNNINGHAM & CHERNICOFF, P.c.
ATTORNEYS AT LAW
2320 NORTH'SECOND STREET
PO. BOX 60457
HARRISBURG, PENNSYLVANIA 171Lln-U457
HEll6tlE~ TELEPHONE
(717)!I-'\OJl33
IRS NO, 2)'2274t3S
FAX
(717) ~
TELEPHONE
(717) 238.6570
March 24, 1995
Samuel L. Andes, Esquir.
Ande., Vaughn , Bangs
525 North 12th street
P.O. Box 168
Lemoyne, PA 17043
ReI Beth A. Miller v. Anthony A. Miller
Dear Sallll
I am in receipt of your correspondence dated March 22, 1995
wherein you indicate that my Interrogatories have "violated"
Cumberland County's local rule which limits Interrogatories.
Notwithstanding the fact that your client's answers to my
Interrogatories were due in my office on Tuesday, March 28, 1995,
and that your client has had these Interrogatories since February
25, 1995, I am enclosing my Amended Interrogatories in Divorce
Action in order to comply with Cumberland County's local rule.
Please note that these are the same set of rnterrogatories that I
previously forwarded to you and your client on February 24, 1995,
except that I have deleted questions 11, 15, 16, 21, 24 and 28. In
light of the same, this should in no way be construed as a grant of
an extension of time in which your client has to return his answers
to this office.
I alii also enclosing herewith our Request for Production of
Documents for your client's review and completion. Obviously,
since this is the first issuance of our Request for Production of
Documents, they are due thirty (30) days from the date of receipt.
Should you have further questions or concerns with regard to
this matter, please do not hesitate to contact me.
Very truly yours,
CUNNINGHAM' CHERNICOFF, P.C.
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Paige Macdonald-Matthe.
PMM/lIsb
Inclo.ure.
CCI Ms. Beth A. Miller
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JORDAN D, eUNNINGHAM
RotERT E. eHERNtCOFF
DEBORAH L. PAeKER
PAIGE MAeDONALo.MATrHES
MAIle W. WlTZIC
CUNNINGHAM cSt CHERNICOFF, P.C.
ATTORNEYS AT LAW
2320 NORTH SECOND STREET
PC BOX 60457
HARRISBURG, PENNSYLVANIA 17106-0457
HERSHEY TlLiPHONE
(717) 534.1533
IRS NO, 2302274135
FAX
(7l7)23I-4IOt
TILE PHONE
(717) %311-6.570
April 20, 1995
samuel L. Andes, Esquire
Ande., Vau9hn , Bangs
525 North 12th Street
P.O. Box 168
Lsmoyne, PA 17043
Re: Beth A. Miller v. Anthony A. Miller
Request for Discovery
Dear Mr. Andes:
As you will recall, on March 24, 1995, I forwarded to you for
your client '. completion Interrogatories in Divorce. To date, I
have not received the responses to the same. In light of the same,
I am writing to request that you provide the responses to my
discovery requests no later than Tuesday, April 25, 1995. In the
event that I do not receive your client's responses to my discovery
requests by April 25, 1995, I will be left with no alternative but
to file a Motion to Compel with the Court.
Thank you for your attention to this matter.
Very truly yours,
CUNNINGHAM & CHERNICOFF, P.C.
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Paige Macdonald-Matthe.
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CCI Ms. Beth Miller