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HomeMy WebLinkAbout95-03103 OJ ^:'-.---_... .- . ! I i ~ i I ! I - i (1) I I \f) CJ . ~ .:.:. t. .:.~. .:<<. <<to .:~. ..;It. .:.:. .:.:. ... ... ~ , , ....,'o.,'o,'o ''o' '8 8 ~ 8 .:<<. ... .:c. ... .:<<. .:.:. ,.. .:c. _:c. .:<<. ..' .:.:. .:.:. .:.:. *1 .,'o'o., "- 'o' . ,-- 'o" ", ' ., , . ~! 8, IN 81 , i l!Ii HI , , iii; , I :1 iii! : I DIANE I. MILLER, If I!I 8' .:.:. .:.:. .:.:. .:.:. .:~. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ;~~I PENNA. :\ II, )103 Civil 1995 Plain tiff \"'I'--Ij, EDWARD S. MILLER, 8 8 8 ~I I!I , 8\' 8 I!I , . 8 . . 8 . * . 8 . Iii " . . . . 'i -'1 .. 'III, ,III, '. Defendant DECREE IN DIVORCE z::r-i 19 1'", It III ordered and , .. .. " plaintiff, " defendant, AND NOW." ,~~ decreed that Diane I. Mi Her and ' ,l!'.1\1~rll, P., l'lUlllr are divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which have been raised of record In this action for which a final order has not yet been entered; '1'le Marriage Sottlarent I\qroollJ:!nt entared into between U10 parties 12/17/96 .......,. ....... """"""', and recorded to U10 al.x:Jve-mptioned tenll and nUllbor is incoqnrated but not ....,., . IOOrgad this dL'Croo, II v" T I,.} ('" II r I I. I ~ /1M A'-II,.II. "-:{.""""'t' (' (l./~'d, ,..d..;:t....1Pe;r ./, ) . (,' ~/ (f-/ / ' I( I' '/ "', /", .;.Y'.e'r. r .A ?u ~r . ;':':'otllllllUliHY ~ ~ .*..*.,~.*,.~~~~~:.:~~~.~:~.~..~,.*.~:,.~.~.~ ~ 8 8 . . . . . . 8 8 iii " 8 8 8 . 8 . . 8 8 8 . 8 ~ 8 ~ ~ <~ ~ ~ ii t, 1~'u1t/ ,y~ ai/ t~.h.I;..~ :l .?-.~ ~v"'~.~ .h>It:J!/ ~I/ '-U +, /! -J ~# '-' ri'rtc.~ A"/~/ -<; "~~" ' . q.f- 3103 ~ .. . m..\dom..t lc\llllf MARRIAGE SETTLEMENT AGREEMENT ~7 )1,,\ THIS AGREEMENT is made this -- day of December, 1996, by and between DIANE I. MILLER, now of 25 Cr-eekside Drive, Enola, cumberland County, Pennsylvania 17025, hereinafter referred to as "Wife", - AND - EDWARD S. MILLER, now oE County, Pennsylvania, hereinafter referred to as "Huoband", WITNESSETH 1 WHEREAS, Husband and Wife were lawfully married on June 4, 1994, in Dauphin County, Pennsylvania; and WHEREAS, diverse unhappy marital difficulties have arisen between the parties cauning them to believe that theh- marriage is irret rievabl y broken, as a result of which they now live separate and apan fn,m une anothel', the partien being estranged due to such marital difficulties; and WHEREAS, nD children hiwe b'Hm born of this mar-riage; and . . .. WHEREAS, the parties hereto are desh-ous of compromising and settling fully and finally their respective financial and property rights and obligationa as between each other, including, without limitation by specificationl the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relat ionship, i/1 tel' alia past, present or future spousal support or maintenance, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution, whether or not the parties reside together; and WHEREAS, the parties have made full disclosure to each other ot their assets and liabilities and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, the part ies intend this Agreement to be a full and complete Marriage Sett lement Agreement, providing for the absolute and final settlement of all their respective marital and property and all other claims. NOW, THEREFORE, in consideration of the premises and of the promises, covenant a and undertakinga hereinaftet- set forth and for other good and valllable conaideration, the receipt of which is hereby acknowledged by each of the partiea hereto, Husband and 2 . ....., < , Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. SEPARATION, It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. The foregoing provision shall not be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their separation. A reconciliation will not void the provisions of this agreement, Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any Buch separation or divorce; and that nothing in any Buch decree, judgment, order or further mod if icat ion or revision thereof shall alter, amend or vary any term of this 1\gt-eement, whether or not either or both of the part ies shall rema tTY , it being understood by and between the ) _0_.' \~ , parties hereto that this Agreement shall be incorporated in but shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree, This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 2, BPPBCTIVE DATE, The Lffective date of this Agreement shall be the "date of execution" or "execution date", 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. Transfer of property, funds and/or documents shall occur on the effective date unless otherwise specified herein. ), AGREBMBNT NOT A BAR TO DIVORCE, This Agreement shall not be considered to affect or bar the right of either party to a divorce on lawful grounds as may be now or hereafter available to either party, This Agreement is not intended to be and shall not be a condonation on the part of either party of any act or acts of either party hereto, Both parties hereto agree that the 4 marriage is irretrievably broken and agree at the time of execution hereof to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to section 3301 (c) of the Divorce Code, Each party waives the right to request Court ordered counseling, 4, DIIBTS AND OBLIGATIONS, Each party hereto represents and warrants that he or she has not, and in the future will not, contract or incur any debt, obligation or liability for which the other party or his or her estate may be responsible or liable, except as provided for in this Agreement, Each party hereto agrses to be solely responsible for the prompt and timely payment of the debts noW or hereafter incurred in his or her name and specif ically any debts secured by any automobile, motor vehicle or other property distributed to her or him hereunder, Each party hereto agrees to indemnify and hold harmless the other from any and all claims, debts, obligations or demands made against him or her by reason of debts or obligations incurred by him or her or identified to be paid by him or her in this Agreement. 5, ~TUAL RIILIIASIIS. Husband and Wife hereby mutually remise, release, quitclaim and [oleVel' dischal<je the other and the estate of such othel, for all time to come, and for all pUl'poses whatBoever, from any and ill 1 d\Jhts, tit I" and Interest, or claims in 01' d<Jitln[l1 I h" eBtate of Buch othel', of whatever niltlltf~ and whetever ulluate, which lw 01 she n(IW has or at any , , time hereafter may have against such other, the estate of such other or any part thet"eof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate lawsl or the right to take against the spouse's willi or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a survi ving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other countrYI or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 provision thereof, It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, 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 provision thereof, It is further agreed by each party that this Agreement () constitutes a full and final resolution and settlement of all claims of any kind, and especially and claims arising under the Pennsylvania Divorce Code, which either party may have against the other. 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY, The parties hereto agree that they have effected a mutually satisfactory division of the furniture, household furnishings, appliances and other personal property and motor vehicles between thtlm and neither party will make any claim to any personal property now in the possession or control of the other except as herein provided. Husband agrees that wife shall, from and after the date hereof, be the sole and separate owner of all personal property in her possession or, including all personal property at her residence at 25 Creekside Drive, Enola, Pennsylvania, except motor vehicles solely titled to husband and specified herein. Husband hereby releases and relinquishes any right, title or interest he may have had in the past or now has in the property in Wife'S possession. Wife agrees that Husband shall, from and after the date hereof, be the sole and separate owner of all personal property in Husband's possession. Wife hereby releases and relinquishes any right, title or interest that she may have had in the past or now has in the property in Husband's possession. 7 7, PBNSIONS AND RETIREMENT ACCOUNTS, The parties hereto waive any and all interest or claims which either may have in any individual retirement accounts, Keough accounts, existing pensions or similar accounts of the other, including any retirement type accounts of Wife arising from her employment with Capital Health System or Pinnacle Health System and any retirement type accounts of Husband arising from his employment with Exel Logistics. B. ALIMONY, Each party waives, releases and gives up any claim, now or in the future, for any spousal support, alimony, alimony pendente lite, or maintenance from the other, 9. REAL PROPBRTY. Wife owns in her own name the real estate at 25 Creekside Drive, Enola, Cumberland County, Pennsylvania, which real property she acquired prior to marriage and which property the parties agree remains her non-marital asset, Each of the parties represent to the other that he or she has no interest or title to any real property other than that set forth in the preceding sentence, Husband agrees that he gives up any and all right, title and interest to and in the identified real property of Wife, if any he has and agrees never to assert any claim to said property in the future, 10. BANK ACCOUNTS. HUSBAND and WIFE each acknowledge that they each own or possess certain bank accounts and similar B accounts of financial instruments in their respective names. They hereby agree that each shall become sole owner of their respect i ve accounts or financial instruments and each hereby waives any interest in or claim to any funds, instruments or accounts held by the othel- in such instruments or accounts. 11, MOTOR VBHICLBS. With respect to motor vehicles owned by HUSBAND or WIFE, both of the parties agree as follows: (a,) The 1969 Pontiac Grand AM shall be and remain the sole and exclusive property of Wife; (b,) The 1990 Pontiac Grand AM, the 1966 GTO and the 1970 LeMans shall be and remain the sole and exclusive property of Husband, Each party shall be solely responsible for and debt secured by any vehicle listed above as his or her property, Each party shall be solely responsible for any insurance and any other costs, including license, for each motor vehicle listed above as his or her property, Husband currently stores motor vehicles at a detached garage on the real property owned exclusively by Wife. Wife agrees that Husband may continue to store said motor vehicles, at no charge to him, through IIpri I, 1 'J97, Husband shall have no right to stol-e the said vehicles after- the last day of IIpril, 1997. Husband agrees that ht' wi 11 110t come onto Wi fe's propel-ty for any purpose, includil1<J purposes il1volvln(J the Bald stored vehicle without pnwidll1<J Wit" with written not ico fOl at least 24 hours, 'J Wife shall have no responsibility for the care of said stored vehicles or the garage in which they are Btored and Husband agrees to maintain insurance on the stored vehicles and to indemnify Wife from any claim against her for any damage or loss to the said stored vehicles or arising from their storage. Husband agrees that he will remove the stored vehicles on or before the last day of April, 1997 and that he will be responsible for any and all costs Wife incurs to enforce the removal of the stored vehicles or due to any damage caused by the storage or removal of the same, including reasonable legal fees, 1.1, COUNSEL PEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for all other legal expenses for his or her attorney, if any, and Court costs in connection with the pending divorce action and shall make no claim against the other for such costs or fees except as set forth in this paragraph. 13, ADVICE OP COUNSBL, The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, BRUCE 0, FOREMAN, ESQUIRE and to Husband by his counsel, WILLIAM L, GRUBB, ESQUIRE, Husband and Wife each covenants that he or she has made a full financial disclosure to the other of his or her respective property, holdings and income, Husband and Wife each acknowledge that each fully understands the facts of this agreement and has been fully informed as to her or his legal 10 rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper 01- illegal agreement or agreements, 14. ADDITIONAL INSTRUJlII:NTS. Each of the part ies shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments, deeds, titles or documents that may be reasonably required to give full force and effect to the provisions of this Agreement, including all papers necessary to transfer title. 15. ArTII:R-ACOUIRII:D PROPII:RTY, Each party shall hereafter independently own all property, real, personal or mixed I tangible or intangible, of any kind, acquired by him or her, with full power to dispose of the same in all respects and for all purposes I as though he or she were unmarried, 16, APPLICABILITY or TAX LAW TO PROPII:RTY TRANSrll:R, The parties hereby agree and express their interest that any transfer of property under this Agreement shall be within the scope and application of the Deficit Reduction Act of 1964, hereinafter referred to as "the Act," and speci f icall y the p1'OV isiol19 of the 11 Act pertaining to Ill"operty transfers between spouses and former spouses, The parties agree to sign and file any elections or other documents required by the Intel-nal Revenue Service to apply the Act to transfers under this Agreement without recognition of gain and subject to the carry-over basis provisions of the Act, 17, MODIFICATION AND WAIVER, A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, 18, IUiTIaE AoaElIlIlINT, This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19, DESCaIPTIVE HIIADINOS. The de script i ve headings used herein are for convenience only, They shall have no effect whatsoever in detennining the rights or obligations of the parties, 20 , INDEPENDENT SEPARATE COVENANTS. It is specifically undel-stood and arlrfH!d by and between the parties hereto that each 12 paragraph hereof shall be deemed to be a separate and independent agreement, 21, 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, to terminate any further payments required to the other hereunder or seek such other remedies or relief as may be available to him or hero and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 22, DISCLOSURIIi 01' I'INANCIliS, Each party hereto conf irms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into this Agreement, The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed and Inventory and Appraisment as required by Section 3505(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execut ion hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved, 13 23 , APPLICABLI LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, 24, VOID CLAUSES, If any term, condition, clause or provision of this Agl-eemetlt shall be deternllned 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, IN WITNESS WHERIOr, the parties have hereunto set their hands and seals the day and year first above written, WITNESS I ( lv\:.,l'hM t\ \\A.t. ''''.Al-(' ,,:) WIFEl ([,,'JI(ll ~( D --)) ld t,-~ OtANI I. H:rLLlR LJ~R~ ;m~MiIh BOWARD s. MILLIR 14 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF D{\,Ii"~ ,oJ On this the -j ~~, of December, 1996, before me, the undersigned officer, personally appeared DIANB I. MILLBR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained, /' / See r/V vL...- Notary Public ..-----, My commission expires. ._ NOTARIAL seAL '....O,NtCHOlAI,m I tI HIIllIbutg, Dauphin E ",.lIapt.lI,l 15 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF On this the 11~ of December, 1996, before me, the undersigned officer, personally appeared EDWARD S. MILLIR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. \ I1M'lt- /'( xl'Ju~? - Notary Public My commission expires I Notarial a__1 tv.an lot Grubb -- Lowa, Allen TIop, Cu=~ ,~y Comml'llon ii.pI,., June 2~ 16 e 'D (') "" J.n ':h t::l j ~";t}.:. I ~l .,~ t;~ ~i ~ '. , ~.- r - (,",. . w '1 '. . ,J, '-:"'[.' .." '1 " ::.: ,...( ~: ~_.. l'3 ~ .. .. ,., .,.. ~ -'j ,I) ". DIANE I. MILLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 95 - 3103 Civil Term EDWARD S, MILLER, Defendant CIVIL ACTION - LAW IN DIVORCE TO THE PROTHONOTARY: Transmit the record, together with the following Information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section K 3301 (c) or _ 3301(d)(1) of the Divorce Code, 2, Date and manner of service of the Complaint: Served on Defendant by certified mall, return receipt requested on June 17, 1995, 3, Complete either Paragraph A. or 8, A, Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code by Plaintiff: December I '7 , 1996; by Defendant: December 7, 1996, 8,1 Date of execution of the Plaintiffs Affidavit required under Section 3301 (d) of the Divorce Code: 8,2 Date of service of Plaintiffs Affidavit upon Defendant: 4, Related claims pending: None ~ Bru e 0, Forema, squire 3207 North Front Street Harrisburg, PA 17110 (717)236.9391 Attorney 10#21193 Attorney for ( X ) Plaintiff ( ) Defendant g l1~ l;l T.fl) n ::1 "1 Ii n r /. ;1 r, ~ f 'Xl Itj' J H'" L...... ." ~:1 ~. " .. ,-.\ . -- l~' r 1 ~ (j .~. t ~ -I q rr :r~ -" II) ~ j.....--...., ..... .... lA - ~ ~ '" co , i-. \ ;~, I.., _.' ("'\ I . r' I ,_ { ," \ ~.) 1 \ . .......-J f , ~.. \.___..... " I , . , " :;~-'1 \' " '- .'~ '-.1 ~.....~ \,,,-, \1'- r.l) ^', '" '\' ~ ,~;: (/, Y - -:J:h,', .~... "-.1 " ) '-- . en ~ , .. . '-.. r\~ "- I, <::t-" " --\ " ,-_:J I I ;~ I! III 'I i . 110 ~ . . I I> ~ ~~ ~ B !r I U ~~ . Z . UI H I j . ~~ ~ . " . NICHOLAS & FOREMAN v, : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 17f- )/(\,3 {fl'~l,J~ DIANE I. MILLER, Plaintiff EDWARD S. MILLER Defendant , , : CIVIL ACTION - LAW : IN DIVORCE 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, Ihe 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 rlghls important to you, Including custody or visitation of your children, When the ground for the divorce is Indignities or Irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors la available in the Office of the Prothonotary, Domestic Relationa Section, Dauphin County Courthouse, Harrisburg, Pennsylvania, 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, COURT ADMINISTRATOR 4TH Floor, Cumberland County CourthoulI Carllal., PA 17013 (717) 240-8200 NICHOLAS & FOREMAN By BCD, OREM ; ESQUIRE 3207 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff I.D,21193 v, : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, : CIVIL ACTION - LAW : IN DIVORCE DIANE I. MILLER, Plaintiff EDWARD 8. MILLER, Defendant NOIlC1A Le han demandado a usled en la corte, 51 usted qulere defenderle de estll demanda8 expueltas en las paglnas slgulentes, usted tlene vlente (20) dial de plazo al partir de la fecha de la demand a y la notlflcaclon, Usted debe prelentar une aparlencla escrlta 0 en persona 0 por abogado y archlvar en la corte en forma elcrlte IUI defensel 0 8US objeclones a III demandas en contra de su perlonal, Seaavllado que II ulted no Ie deflende, la corte lomara medldas y puede entrar una orden contre Ulted Iln prevlo avllo 0 notiflcaclon y por cualquler queja 0 allvlo que el pedldo en Ie petlclon de demanda, Ulted puede perder dlnero 0 SUI propledadea 0 otrol derechol Importantel pare ulted, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL 5ERVICI0, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICtNA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Admlnl.trator 4th Floor, Cumberland County COUrthoUI. Carll.I., PA 17013 (717) 240..200 NICHOLAS & FOREMAN By /JLt, BRUCE 0, FORE N, ESe 3207 North Front Slreet Harrisburg, PA 17110 (717) 236.9391 Attorneys for Plaintiff 1.0,21193 DIANE I. MILLER, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO, 9" JIC';J C{~:d-r;...- v, EDWARD 8. MILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE 1, I have been advised of the availability of marriage counseling and understand that I may request that Ihe Court require that my spouse and I participate In counseling, 2, I understand that the Court maintains a list of marriage counselors In the Prothonotary's Office, which list Is available to me upon request. 3, Being so advised, I do not request that the Court require that my spouse and I participate In counseling prior to a divorce decree being handed down by the Court, Dated: (r]. 05 r-uu. ~ L \ ~.- I DIANE:.c.:.'I~~E ) \\,u..~- DIANE I. MILLER, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 'I" - jlV) Cu.:d -r;",- EDWARD S. MILLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT AND NOW, comes the above-named Plaintiff, DIANE I. MILLER, by her attorneys, NICHOLAS. FOREMAN, and seeks to obtain a Decree In Divorce from the above-named Defendant, EDWARD S. MILLER, upon the grounds hereinafter set forth: 1, Plaintiff Is DIANE I. MILLER, an adult Individual, IUl iwla, presently residing at 25 Creekside Drive, Enola, Cumberland County, Pennsylvania 17025, 2. Defendant Is EDWARD S, MILLER, an adult Individual, IUl iwla, presently residing at 25 Creekside Drive, Enola, Cumberland County, Pennsylvania 17025, 3, No children have been born of this marriage, 4, The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least she (6) months previous to the filing of this Complaint. 5, The Plaintiff and Defendant were married on June 4, 1994 In Dauphin County, Pennsylvania, 6, There have been no prior actions of divorce or for annulment between the parties, 7, Plaintiff and Defendant are both citizens of the United States of America, 8, Neither Plaintiff nor Defendant are members of the Armed Services of the United States, 9, The Plaintiff has been advised of the availability of marriage counseling and understands that she may request Ihat the Court require the partlell to participate in counseling but avers that she does not desire marriage counseling, 10, The Plaintiff avers Ihat the grounds on which the actions are based are: (a) That the marriage is Irretrievably broken; (b) That, at the appropriate time Plaintiff will file an affidavit Indicating that the parties have been continually separated for a period in eKcess of two (2) years, 11, Plaintiff respectfully requestl thll Honorable Court to enter a Decree In Divorce, NICHOLAS & FOREMAN ') ,1 . By ":f ~C/ ,,- B UCE D, FOREMAN, ESe 3207 North Front Street Harrllburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff I,D,21193 VERI FICA liON I verify that Ihe statements made in this Pleading are true and correct. understand that false stalements herein are made subject 10 Ihe penalties of 18 Pa, C,S, 54904 relating to unsworn falsification to authorities, r--' l I .~ ) ~- l '- ((.,.\1 ) I \,(Cd DIANE I. MILLER OATEO:b' l.ci S- " m ' - ,~ I>- ::c 0._ ., I'l ,ry = ,.., :r. _:.:1 -1 ~ ~ ~ ~ J I fl . i i ~ e f I- ~ > I~ lit ~~ l) ~ ~ ~ a oM : ! B !I~ ~ ~ l) . H . I ~ CI) IS' I ~ i ... ~ ~ Z ~ l=l ~ ~ 0-. . lil l) /!l , '. . . . I . , . NICHOLAS & FonEMAN " , '. . v. THI COURT OP CONNON PLIAS OP CUMBIR~ COUNTY, PINNSYLVANIA .1 /().~ NO. 95 - ~ Civil Term DIANI I. MILLIR, Plaintiff IDWARD s. MILLIR, Defendent CIVIL ACTION - LAW IN DIVORCI AFPIDAVIT OF SIRVIC. Personally appeared before said Commonwealth and County, me, a Notary Public, in and for BRUCE 0, FOREMAN, ESQUIRE, who being duly sworn according to law, deposes and saysl 1. That on June 9, 1995, a Waiver of Counseling and Complaint, properly endorsed with a Notice to Defend and Claim Rights, was filed on behalf of Plaintiff and against Defendant in the above-captioned case, 2, That on June 9, 1995, I forwarded by certified mail, return receipt requested, a clocked- in copy of the Waiver of Counseling and Complaint, to the said EDWARD 8. MILLER, Defendant, at 25 Creekside Drive, Enola, Pennsylvania 17025. 3, That the aforesaid clocked- in copy of the Waiver of Counseling and Complaint, properly endorsed wi th a Not ice to Defend and Claim Righte, sent to Defendant, EDWARD S, MILLER, was delivered on June 17, 1995, as evidenced by the return receipt card signed by EDWARD S, MILLER and attached hereto, 4, That to the best of my information and belief, the signature on Part 5 of the return receipt card is, in fact, the signature of the Defendant, EDWARD S, MILLER, , Jl:SQ BRUCI D. POR Sworn to and subscribed before me this '22..1 day of J".... ,1995, ~r(l),~ - NOTUY PUBLIC NOTARIAL SEAL If EVE C, NICHOLAS, Notary Publl. Harrlsbun}, O,wph:n Counly, roJ My Commi"ion [1pire\ 5"rl. 25, IrV5 Z DC! 5 7C!7 IItJ'C! ' ~ Receipt for 4L ~~~,~~~~~" ~~!II.ulI I'rllv,dm' ....aln 00 not UIO tOl InltlllliJltUl10l Mall ISeu RUl/ollol ~",,' tn Ea\lard s Mille "l!~t,r ;1".1 ,~,\ 25 Creeksi I' U. ~"It1 d'''I/'I' I "I~ Enola P I'ljll'~" "'"',Iot'dft. S~..{ 'ill Ilttl..".y 'II" A"'''l,.d o."W"f, I... I 1"'1"" fl~.op' ~hllw"'g 10 Whnm . 0"1 o.hv"-.J .. J I JI " R.IU4n RKllp! ShoWloIllQ 10 Whnm Oil.. ,nd Altd",hIJ"Add,ul 1.10 2.52 tOfAl Pu'I.g. 1ft.. . POllma'k 01 Dale June 9, 1995 ~, . ".. .,~. Ie" w, <ilit ...1ntI__1;:tV,..., "U'J., '[',";" :~~ -:;. '.',.', " ;,<'::J~f}F 1,t:Jj,~U'""A.('" . t. Cl ~~'~'~v?J{ . '~" _fr"~_" _ _-tot ,---~.~~ *1'. , "lJ '~ . , """n_ << 8. ____ '135 Q li tt'.llriw . "!boll'M I_ i .... (j ~z j 1 'i . . O",'mblr 181\ _V'-OI'O: ,......,,' , ., , .' DIANE I, MILLER, PIa int if f IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 95 - 310 J Civil Term EDWARD S, MILLER, Defendant CIVIL ACTION - LAW IN DIVORCE ArrIDAVIT OP CONSIDfT 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 9, 1995, 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing the Complaint. 3, I consent to the entry of a final Decree in Divorce after service of notice of intent to request entry of decree, 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, I verify that the statements made in this Affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 PlI, C,S, S4904 relating t.o lInswom falsification to aut hot'i ties, Dat.ed I ( t,,_ I(q ,jl JlllLlL". Diane t. Miller, Plaintiff r& ,... ,. ..:r r-. .,.. IB .. :"5<1: ~ {)t;l r. t.'}:'~ b Q.. (.~;:~ CO ~.: (,) It - " ",.t", I'fl' . c...: I'l'u f ~ : III (,1~ c: 5 II. '0 U 0 Q' . . . . .....a......__~. .... .~. 1. .-,-.::.t'" , . ' , .. , DIANE I, MII,l,Ell. I'lalntHf IN '1'111' courrr OF COMMON I'L~~/lS 01' CUMllERL/lND COUNTY, I'ENNSYIN/lNI/I 310 :t NO, 'JS . ~ Civil Tell1\ v, EDWARD S, M I LLlm , Defendant CfVIl, /lCTION . 1,/lW 1 N III VOileI' ArrIDAVIT or CONSENT 1, A Complaint in Divorce under Sect ion ]]Ollcl of the Divorce Code was f Ued on ,June 9, 1995, 2, The maniage of the Plaintiff and Defendant Is irretrievably broken, amI ninety (90) days have elapsed from the date of filing the Complaint, 3, I consent to the entry of a final Decree in Divorce after ser"Vlce of notice of Intent to r'equest entry of decree, 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses If 1 (10 not claim them before a divorce Is granted, I verHy that the statements made In this /I[f1,lavlt alce tr'ue and correct, I uw)erstauc) that false statemenl.H herein are lTlade subject to the penaltlea Ilf IH I'a, C,ii, ~4'l1J4 IOdal:ln'I to lnlsWoln talalflcatlon to authOl'lt If!a, llate,t, I J..., - 't~. ~~ONk~Stitl("~ Idward 8, Millar, Defendant . .. . ., ~ e ,n q ell .....,('r, ,--:I '1 i'\ " CtJt!. .,....J ::e II l] I)) fi II} '1 ...~ ~ : ~:;.~: -n ,!f' .:..l, -.'. ;{~ (:.r~ N .....l: <. " r :~., r.- ~ w. (1) , .' t , .' . DIANE I, MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3103 NO, 95 - ~ Civil Term v, EDWARD S, MILLER, Defendant CIVIL ACTION . LAW IN DIVORCE WAIV.. OW NOTIC. or IMTIHTIOH TO a.OUlST DIveac. D.ca.. UHD.. 13301(01 or TB. DIVOIC. COD. 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.B, 54904 relating to unsworn falsification to authorities. Datedl (-. J-'1 1"1 t" J/Clljl ,'\\l\.\,L, Diane I. Miller, Pl~intirr . '. . e ,I) 0 0' '~1 :-. 11 cJ ~'.l ;'1 ~l t (i! l") , ,'f , , UJ I) './.>' '\. ,>\ :~l -) . ;CJ ... . . ( I i~ ~ ;-~. ~ ~ :--1 C" ..... I>> e \.4') n CT\ 'V, ifJ{'i 'q :J I"~ i .;.., :-~( . 1);1 'j 1..'1,' , } f.~l-! ""t. I.... ,l:t . .' J . . t-..( ~ ~ ).~1-. ~, ". ~ ~, u:I v, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO, 95.3103 : CIVIL ACTION. LAW : IN DIVORCE DIANE I, MILLER Plaintiff EDWARD S, MILLER Defendant AFFIDA VIT OF INTENTION TO RESUME PRIOR SURNAME COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN DIANE I, MILLER being duly sworn according 10 law, deposes and says that Ihe II the Plaintiff in the above-captioned divorce action in which a final decree , 'l/ l.3Ji~ from the bond I of matrimony Will entered and she hereby elects to resume her prior lurname of DIANE I, SHEAFFER and, therefore, gives this written notice avowing laid Intention, In accordance with '704 of the Act of November 15, 1972, P,L. 1063, 54 Pa,C,SA 704, ( k ') I (" :)\ .)--) Il d (,l ,- Diane I. Miller ' To Be known as ( L~~"'(kL'\ ~ ,~\,)\(.V.,- Diane I, Sheaffer tl- Sworn and subscribed before me this ."II, I day of ~~,~t., 1996 j!.l/ULr ( Il/ {,L.-/"' ~ ~----~ NOTAnIAL SEAL -- BTEVI! C NICHOLAR Nolii\' PubIlo CIly 01 H.I11.bu~l. I "I" hln Coon =Ml!).Q'n!llIIIlPI' ~ ,p".. ~"Pl2.5,-I~ .' .0 \1 ~ , -l 'II ., '- ..J ~ .C '.n f l;;g l!l .~ ,<- ~~ () . , , .,~ ....~ t, ." 'I .' ~'" ~ ,. J. ..1" ..( r~ -c: ~J: ' -, 'o? .ra ~', .) " :') 'rJ -l:l IJI :~ -..'l 0 I"" ~ , .- - \ . ......... ,l._lI-."W___ _ ..... ... ~..,' :..