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HomeMy WebLinkAbout02-3869Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHLEEN A. MILLER, Plaintiff ROBERT P. MILLER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - 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 relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHLEEN A. MILLER, Plaintiff ROBERT P. MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Kathleen A. Miller, an adult individual residing at 1306 King Arthur Drive, Mechanicsburg, Cumberland County, Pennsylvania 17070. 2. Defendant is Robert P. Miller, an adult individual residing at 1306 King Arthur Drive, Mechanicsburg, Cumberland County, Pennsylvania 17070. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on October 31, 1998 in Cumberland County, Pennsylvania. 5. There are no minor children bom of this marriage. 6. The parties separated on December 28, 2001. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. 10. COUNTI-DIVORCE NO FAULT The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Kathleen A. Miller, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; and Dated: B. Awarding other relief as the Court deems~on~able. ~' ~t I~t~o ~' d//BB~A r~ar~~Esquire- 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge St~'eet New Cumberland, PA 17070 (717) 774-1445 KATHLEEN A. MILLER, Plaintiff ROBERT P. MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 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 require 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.A Section 4904 relating to unsworn falsification to authorities. KATH'LEEN A. MILLER Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHLEEN A. MILLER, Plaintiff ROBERT P. MILLER, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Kathleen A. Miller, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: KATHLEEN A. MILLER Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHLEEN A. MILLER, Plaintiff ROBERT P. MILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3869 : : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, J. Paul Helvy, Esquire, hereby accept service and acknowledge receipt of the above-captioned Complaint in Divorce on behalf of my client, Robert P. Miller, having received said Complaint on the i ~ q~ day of~ 2002. I hereby indicate I am authorized by my client to accept service on his behalf. P.O. Box 886 Harrisburg, PA 17108-0886 Supreme Court I.D. No. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHLEEN A. MILLER, Plaintiff ROBERT P. MILLER, Defendant : IN THE COURT 'OF COMMON PLEA~ CUMBERLAND COUNTY, PENNSYLYA~A : NO. 02-3869 : CIVIL ACTION - LAW .~. :': : 1N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 14, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of 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. 4. I understand that I may lose rights concerning ali~nony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ~C&THLEE]~ A. MILLE~~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHLEEN A. MILLER, Plaintiff ROBERT P. MILLER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNS~LV ,A~NIA, : NO. 02-3869 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c~ OF THE DIVORCE CODE 1. I consent to the entry 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 ifI 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 tree and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to authorities. DATE: ,~ ~[~.,~,_~ KATHLEEN A. MILLER flU¥ £ o rUU~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge, Street New Cumberland, PA 17070 (717) 774-1445 KATHLEEN A. MILLER, Plaintiff · 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3869 ROBERT P. MILLER, Defendant · CIVIL ACTION - LAW · 1N DIVORCE AFFIDAVIT OF CONSENT '~:: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code~as fil~ffon :~ August 14, 2002· x.; ~- :: 2. The marriage of the Plaintiff and Defendant is irretrievably broken· Ninety days have elapsed since the filing and service of 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.SA. Section 4904 relating to unsworn falsification to authorities. DATE: ROBERT P. MILLER Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHLEEN A. MII,LER, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3869 ROBERT P. MILLER, Defendant · CIVIL ACTION - LAW · IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST EN TRY OF A DIVORCE DECREE UNDER §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 ifI 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 statement herein are made subject to the penalties of 1 ~ 8 Pa.L.S. q~4904 relating to unsworn falsification to authorities. DATE:. ROI~ERT P. MILLER Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHLEEN A. MI1,LER, Plaintiff · 1N THE COURT OF COMMON PLEAS CLrMBERLAND COUNTY, PENNSYLVANIA NO. 02-3869 ROBERT P. MII,LER, Defendant · CIVIL ACTION- LAW · 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 3301(c) of the Divorce Code. 2. Date and manner of service ofthe complaint: Acceptance of Service dated August 19, 2002. 3. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: by Plaintiff November 19, 2002; by Defendant November 11, 2002. 4. Related claims pending: None. All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated September 4, 2002 and incorporated, but not merged into the Decree. Dated: November///~, 2002 5. Date Plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with Prothonotary: November 20, 2002. Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: November 20, 2002. 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA ! 7070 (717) 774-1445 KATHLEEN A. MII,LER, Plaintiff ROBERT P. Mll,LER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3869 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: November/~, 2002 J. Paul Helvy, Esquire KII,LIAN & GEPHART, LLP 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 /7 / Bar'raSh:tm ~-Sullivan, Esquire / 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff MARITAL SETTLEMENT AGREEMENT THISAGREEMENT, madethis~dayo~ ,~'~'~2~p..OO2, byand between Dr. Robert P. Miller, hereinafter referred to as "HUSBAND", and Kathleen A. Miller, hereinafter referred to as "WIFE". WITNE$SETH, That: WHERE~IS, the parties hereto are husband and wife, hatving been lawfully joined in marriage on October 31, 1998, in Camp Hill, Cumberland County, Pennsylvania; WHEREAS, there are no children were born of this marriage; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support andL/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each ~,f the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 9/03/2002 - Final 1 SECTION I GENERAL PROVISIONS ADVICE OF COUNSEl, HUSBAND and WIFE declare that they have each had a full and fair oppommity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by J. Paul Helvy, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. The parties agree that this Agreement is not the result of any duress, undue influence, coemion, collusion and/or improper or illegal Agreement. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of 9/03/2002 - Final 2 each other, nor compel the other to cohabit or dwell in any ma~aner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent: of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended. A divorce has been filed to Docket No. 02-3869 in the Court of Common Pleas of Cumberland County. Both parties shall execute the documents necessary to effectuate a consentual divorce immediately upon expiration of the ninety (90) day period or on or about November 17, 2002. WIFE shall immediately praecipe to finalize the divorce to effectuate a divorce by the end of 2002. HUSBAND agrees to cooperate fully in concluding this matter in accordance with the times set forth herein. 9/03/2002 - Final 3 5. SUBSEQUENT DIVORCE A Decree in Divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting ora Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: 9/03/2002 - Final 4 A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any ~d all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or othemdse, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or texritory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defi~at the right of either party to receive any insurance proceeds at the death of the other of whiclh she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained irt this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or 9/03/2002 - Final 5 assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenfomeable, the remaining provisions shall :nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement 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 nc, claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or 9/03/2002 - Final 6 provision of this Agreement. 12. 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 or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RET___URNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other entity as a consequence of the parties' jointly filed tax returns, said tax, penalties or interest shall be the sole responsibility of the party responsible for the misreporting. The misreporting party hereby covenants and agrees to hold the other harmless from any tax penalty, interest or liability arising out of the filing or failure to file any past tax return. In the event any assessment results from an oversight or other preparation error not specifically attributable to either individual, the tax 9/03/2002 - Final 7 liability shall be shared equally between the parties. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY' HUSBAND and WIFE do hereby acknowledge that the), have heretofore divided the non-marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. WIFE agrees that all assets set forth on Exhibit "A" shall be the sole and separate property of HUSBAND and, HUSBAND agrees that all assets as set forth on Exhibit "B" shall be the sole and separate property of WIFE. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties jointly owned property at 1306 King Arthur Drive, Mechanicsburg, 9/03/2002 - Final 8 Cumberland County, Pennsylvania 17050. Said house was encumbered by a mortgage held by Waypoint; a second mortgage due and owing to AllFirst and a debt due and owing to the original builder, Classic. The property sold on July 24, 2002 at a sale price of THREE HUNDRED SIXTY-FIVE THOUSAND NINE HUNDRED DOLLARS ($2165,900.00). The above referenced mortgages and debt to Classic were paid. All normal and customary settlement charges were paid. An additional existing debt due and owing to AllFirst in the form of a line of credit in the amount of TWENTY-EIGHT THOUSAND THRE;E HUNDRED EIGHTEEN DOLLARS and 65/100 ($28,318.65) was also paid from the proceeds of the sale. The net proceeds paid into escrow with counsel for WIFE was THIRTY-TWO THOUSAND NINE HUNDRED NINETY-EIGHT DOLLARS and 80/100 ($32,998.80). The parties have the right to occupy the home after its sale on July 24, 2002 through September 15, 2002. The parties agree that they each will conti~me to have access to the home until expiration of this period. The parties agree that for this post settlement occupancy period of the marital home, all expenses shall be shared equally between them. This shall include, but not be limited to, all sums paid for occupancy, utilities or other real estate related costs incurred during the occupancy period. Both parties shall act to leave the home in good condition upon vacating the property. During the post settlement occupancy, HUSBAND caused damage to the garage of the home. HUSBAND shall be solely responsible for repair of these damages and agrees to indemnify and hold WIFE harmless against any such costs, debts, or expenses related to this 9/03/2002 - Final 9 obligation. Any refunds of mortgage escrow or credits for early cmacellation of homeowner's insurance or such sums realized because of the sale of the real estate shall be shared equally between the parties upon receipt of same. The escrow proceeds shall be distributed in accordance with paragraph 3. of this Section C. MOTOR VEHICLES WIFE owns a pre-marital 1996 Nissan Maxima which sJhall continue to be her sole and separate property. HUSBAND drives a 2001 Ford Explorer which was acquired during the marriage. Said vehicle is subject to a loan by Ford Motor Credit, which loan is in HUSBAND's name alone. HUSBAND shall be the sole owner of the Explorer and shall be solely responsible for repayment of the debt. HUSBAND agrees to indemnify and hold WIFE harmless for any claims, costs or expenses related to the vehicle. WIFE hereby waives any claim to the net equity of the vehicle, which equity shall become the sole and separate property of HUSBAND. D. FINANCIAL ASSETS The parties agree that each shall retain all financial accounts which are in their individual names. The parties' joint account in existence shall be closed and the proceeds therein after all checks have cleared shall be shared equally between the parties. 9/03/2002 - Final 10 E. PENSION During the marriage, WIFE had an increase in her retirement benefits through Pennsylvania State Employes Retirement System (PSERS). HUSBAND agrees that said increase shall be the sole and separate property of WIFE and HUSBAND waives any and all rights in that increase. During the marriage, HUSBAND had an increase in his retirement benefits through Pennsylvania State Employees Retirement System. WIFE agrees that said increase shall be the sole and separate property of HUSBAND and WIFE waives any claim thereto. Also, during the marriage, HUSBAND made certain elections regarding his pension earned by him through the Pennsylvania State Employes Retirement System (PSERS). HUSBAND had voluntarily elected a benefit package which included a survivor annuity benefit. HUSBAND shall be free to modify said election to remove WIFE as survivor on said benefit and to elect a simple life annuity as allowed by PSERS. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name, including any cash value existing therein. Pending the completion of the divorce or through November, 2002, WIFE shall maintain HUSBAND on her health insurance. Upon the entry of the divorce, Husband shall have the right 9/03/2002 - Final 1 1 to elect COBRA insurance benefits through WIFE's employer for the maximum period allowed. All COBRA costs shall be paid by HUSBAND. G. HUSBAND's LITIGATION HUSBAND has instituted an action against the South/vIiddletown School District in the United States District Court to Docket No. CV-01-2340. In this litigation, HUSBAND is seeking compensatory damages for lost wages and other non-economic losses such as diminished standing in the community, pain, suffering and emotional anguish, as well as counsel fees and other legal and equitable relief. The parties agree as follows regarding the disposition of the proceeds of this action, if HUSBAND is successful in recovery: 1) 2) From the gross proceeds recovered, HUSBAND shall pay all actual attorneys fees and costs incurred and paid in the prosecution of the litigation. HUSBAND shall provide an accounting of same to WIFE. After reduction for all actual fees and costs as set forth in G.(1) above, HUSBAND shall pay to WIFE the sum of fifteen percent (15%) of the sums he receives as recovery. This sum shall be paid upon the receipt of the sums by HUSBAND within fifteen (15) days of his actual receipt of said funds. 9/03/2002 - Final 12 It is further agreed between the parties that WIFE shall seek no refund or accounting for all sums expended by the parties during the marriage for counsel fees unless they are refunded as part of the actual of court proceeding and included in the recovery. However, HUSBAND agrees that he shall be solely responsible for all past, presently existing and future expenses which might be incurred in the course of the litigation. This shall include all counsel fees, costs, and expenses. HUSBAND further agrees that he shall indemnify and hold WIFE harmless from all said claims, causes of action, or other attempts to collect from WIFE any costs, claims or expenses associated with or arising out of the litigation. This indemnification shall specifically include all costs which might be incurred by WIFE in defense of any such claims, suits or causes of action, including reasonable attorney fees, incurred by her to enforce this indemnification. In addition, Wife acknowiedges that she will have no input into the aforesaid litigation and will not have any right to interfere in the management, handling or ultima~a resolu.e, ion of the case. 2. DEBTS: Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other part3, or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. The parties confirm that with the payment of the obligations set forth in paragraph 1 above incident to the sale of the real estate, only one additional debt existed. Said debt was to Breuners Furniture, Account No. 181-0917-9449-2124. Said debt in the amount of FIVE 9/03/2002 - Final 13 THOUSAND FIVE HUNDRED NINE DOLLARS and 04/100 ($5,509.04) was paid from the escrow in WIFE's counsel's possession. Each party shall be responsible for any individually titled debts which they may possess and shall indemnify and hold the other harmless against said debts. 3. DISPOSITION OF ESCROW After payment of the sums due and owing to Breuners, the escrow balance is TWENTY- SEVEN THOUSAND FOUR HUNDRED EIGHTY-NINE DOLLARS and 76/100 ($27,489.76). The parties direct that HUSBAND shall receive TEN THOUSAND DOLLARS ($10,000.00) and WIFE shall receive the balance or SEVENTEEN THOUSAND FOUR HUNDRED EIGHTY-NINE DOLLARS and 76/I00 ($17,489.76). SECTION IH ALIMONY, ALIMONY PENDENT ELITE, SUPPORT AND MAINTENAN.CE 1. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT AND MAINTENANCE: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and arc accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish 9/03/2002 - Final 14 any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance. SECTION IV CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. This Agreement can be signed in counterparts. ROBERT P. MILLER ITNESS ~ KATHLEEN A. MILLER 9/03/2002 - Final 15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ) )ss. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ROBERT P. MILLER, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this t.~' ~ da), of__ NOTARY PUBLIC o_' mis lres: ! I l~.hon.d.a t.. l.a_r~i Notary Public ~ ! . -arris~)urg, Dauphin County l~MY Commission Expires Aug. 9, 2004 COMMON, YEA [,TH OF PENNSYLVANIA COUNTY OF CUMBERLAND ,~ribed to before NDTA~BLI~'"'"--~ My commission expires: ~.~,2002. (SEAL) ) ) ss;. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared KATHLEEN A. MILLER, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. me this ~day o~002. (SEAL) 9/03/2002 - Final 16 Den Furniture, including: - Desk - Chair Rocking Chair Lamp Leather couch Washer/Dryer TV and VCR from Family Room Grandfather Clock One-half of household utensils and housewares Master Bedroom curtains *Husband already has possession of the pre-marital property which had been located in the basement. EXHIBIT "A" Family Room Furniture, including: Couch Two (2) Chairs Entertainment Unit Lamp Side Tables Refurbished Tables Mirror Carpet One-half of household utensils and housewares EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF I¢~T["lT.l":l':i~ A. MIT.T.L-:R, Plaintiff VERSUS RO]~T P. MTT.T.T~ ~ Defem~nt PENNA. N o. 02-3869 DECREE IN DIVORCE AND NOW,~ ,2002 DECREED THAT ~.'1'~-~.'1~'~ A. AND ROBERT P. MIT,T.RR , IT IS ORDERED AND , PLA!NTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLI_OWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT Yet BEEN ENTERED; None. All matters have ~n resolved pursuant to the Marital Settlement Agreement reached by the parties dated September 4, 2002 and incorporated, but not merged into the Decree. KATHLEEN A. MILLER, IN THE COURT OF COMMON PLEAS Plaintiff ROBERT P. MILLER, Defendant · CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3869 CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO RESUME iPRIOR NAME NOTICE is hereby give~ th~P~laintiffiv,4he above-captioned matter, having been granted a final decree in divorce on the -.~? tl day of ~., 2002, hereby intends to resume and hereafter use the previous name of Kathleen A. Luft and giw~s this written notice avowing her intention in accordance with the provisions of the Act of 54 Pa. C.S. {3704. Kathleen A. Miller TO BE KNOWN AS: Kathleen A. Luft COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On this, the ~ O day of ~_~ ~,~..o_~.~ _, 2002, before me, a Notary Public, the undersigned officer, personally appeared Kathleen A. Miller, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the foregoing Notice of Intention to Resume Prior Name for the purposes contained therein. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOT~Y P~LIC My Comssion Expires: (SE~)