HomeMy WebLinkAbout95-06140
,.,..... ..
,.,.
,'-:'-'- .......
~,:'~
,:,;>:',',-' -.
;~-.:(-'~:~-; "
.,.',- -,- ,. ,'- . "~ -:, ','
~""'j""
-.:,~-;:':-
:'.:....,
,:-,:-":,:,""":"'-:-"';:"
Jf-<}""..
,,,,,,..... "'--'
~~/ -,'
.~
5
c. ,
i@
,-J',.;.....,.
,~.,-' -
.Z;'
., j .' .. .,
_____________-------t----~--.-~
~---,...- .." -." ".. . .., - ... ,-...-....... . . .., ,,, ,...-- _._..~~ .
~ .
8 IN THE COURT OF COMMON PLEAS ·
. .
8 OF CUMBERLAND COUNTY ·
8 ·
: STATE OF ~I I PENNA. :
8 t'~~~ ·
. .
. JOliN P. MII,LIIlON, "
i\: II, Un ~6HO . . III
8 Plaintiff ·
8 \'.'1',,1> 8
8 TANYA \" M1LI,JIWN, ·
8 ".
Defendanl III
8 8
" "
8 .
, DECREE IN rQ :
~ 0 I V 0 Ref ( ( ~ ? ,~P\ . 8
8 1 qfl 8
. AND NOW, . d . .. . . ~. 19. " loo,d.,.d and i
. decreed that ... . . .J.Qhn 1'. .MIIllI'PIl . . . . . . . . . . . . . . . . ., plaintiff, 8
. and . . . . . . . . . . . . . . .. .. Tonyu. L. MllIh'on. . . . . . . . . . . . . . . . . . . . . . ., defendant, .
~ are divorced from the bonds of matrimony. ·
8 8
. The court retains jurisdiction of the following claims which have M
8 been raised of record In this action for which a final order has not yet a
" been entered j Enlry of Ihe quullfletlllomesllc Ilelut lOllS Ol'ders IlllI'suunl 10 lhe
~ a
8 I~Huched. pr~pm:IY Seltlemellt Agreemelll. . . . . . . . . . . . . . , a
8 . . . . . . .'!'I.llJ.uH!lC!1Cd PI:operly 8ell.lep1elll AI\I'ecnH)IIII~ .hcl'"hy l.nco.I'PP!'I1\QI!, \>\1\ ,1\1\1. \a
~ merged, 11110 lhls Ilecrec III IlIVOl'CC, ~
, l~
. !M
8 !.
.*
" '
~ :~
, .
. ill
"
I~
,
-. ~
._--~~,~~.~.~..*..~.~..~~,.*..~*~'~.~._-
JOHN P. MILLIRON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 . 6140
CIVIL ACTION - LAW
IN DIVORCE
v.
TANYA L. MILLIRON,
Dafandant
~UALlFIE~OMESTIC RELATIONS ORDER
AND NOW, thls~ day of
ORDERED that the following disposition be made:
, 1996, It Is hereby
1. It Is the Intention of the parties hereto thet this Order direct the rollover
of the entire balance from the IRA account of John p, Milliron to the IRA account of
Tanya L. Milliron. More specific Information regarding said accounts are set forth
below, It Is the intention of the parties that this fund be transferred on a basis In
which It will not be an event subject to federal Income tax pursuant to IRC
i408Id)(61.
2. IRA OwnerlTransferor Is John p, Milliron of 6240 Meadowbrook Drlva,
Mechonlcsburg, Pennsylvania 17066: Social Security Number Is 211-36-3896; Data
of Divorce Complaint Is October 26, 1996: and Property Settlement Agreement
authorizing assignment of the Owner/Transferor's Interest In the IRA Is dated
l~l}tt')(J }rJ 9 , 1996.
3. IRA Transferee Is Tanya L. Milliron of 63 Warwick Circle, Mechanlcsburg,
Pennsylvania 17066; and Social Security Number Is 202-60-1094.
~ -. '-
~:, - h
.. ~,...,.
~~~ ...:r
,-~~ :r; '.""\)<:
....1 u.. -'; ~
~, r- '~J ~:'j
:'i'/.?
fi!. . l'J -,I ,.;
L'
1- t~ ! ,'I(]
CO "I cl:
11- lO ;U:
U ." a
/)'~")4" I?I' IH;J, .,j 4 ~ ~ ~ 4 ~
.
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~4. doy of c ~r1:~N't~~r , 199.L, by and
between JOHN P. MILLIRON, hereinafter celled "Husbend", ond T ANY A L. MILLIRON,
hereinafter called "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were legally rnarrlod on August 26, 1986;
WHEREAS, the parties are the parents of 0 minor child, Desiree Nicole Milliron,
born June 9, 1979;
WHEREAS, differences have erlsen between Husband and Wife In consequence
of which they desire to live separate and apart from eoch other; and
WHEREAS, Husband and Wife desire to sellle and determine their rights and
obligations,
NOW THEREFORE, In consideration of the premises and covenants contained
hareln, It Is agreed by and between the parties hereto that:
1. SEPARATION.
It shall be lawful for each party at all times hereafter to live separate and aport
from each other at such place os he or sho from time to time sholl choesa or deem fit.
The foregoing provision sholl not be tokon os on admission on the port of either party
of the lawfulness or unlowfulnes& of the causes leedlng to their living apart.
2, INTERFERENCES.
Each party sholl be froe from Interference, Iluthorlty and control by tho other,
.
as fully as If he or she were single and unmarried, except as may ba necessary to
carry out the provisions of this Agreement. Neither party shall molest or attempt to
endeavor to molest the o~hor, or In any way harass or malign tho other, nor In any
other way Interfere with the peaceful exlstance, separate and aport from the other.
Each of the parties hereto completely understand and agrea that neither shell do or
say anything to the child of the partlas at any tlma which might In any way Influence
tho child adversely against the other party.
3. DIVISION OF REAL PROPERTY,
A. The marital residence locatad at 6263 Daerflald Avanua, Mechanlcsburg,
Cumberland County, Pennsylvania has been sold with the proceads from the sale of
the residence placed in en escrow account in the approximate balance of $68,178.66,
sold escrow account Is being held by Husband's counsel. John J. Connelly, Jr.,
Esquire. The parties agree to divide the proceeds In the form of equitable distribution
with Wife receiving $60,000,00 and Husband receiving the balance In the account at
the time of the execution of this Agreement. The parties agroe, however, that they
shall sharo end report oqually any capitol gain resulting from the sole of the residence,
rogardless of this division of the proceeds,
B. The parties are lho owners of two (2) condominium units at East Pork
Gardens located at North 40th Street, Harrisburg, Dauphin County, Pennsylvania,
Wife agrees that she will transfar all right, litle, and Interost to tho said propertlas and
Husband sholl be solely responsible for the balance duo on any ond all dabts relating
2
a
thereto, Including, but not limited to, mortgages, taxes, repairs, Insurance, and any
capital gains generated by the sale of said units,
4. DIVISION OF PERSONAL PROPERTY.
The parties have divided between them to their mutual satisfaction, personal
effects, household goods and furnishings and all other articles of personal property
which have heretofore been used In common by them. and neither party will make any
claim to any such Items which are now In the possession or under the control of the
other. Should It become necessary, each party agrees to sign any title or documents
necessary to give effect to this paragraph, upon request,
6. ALIMONY.
Husband shall pay to Wife In the form of alimony, the sum of $1,200.00 per
month beginning with lhe month of January 1997 and end Ing with the last payment
due In the month of December 2002, The said payments shall be due on or before
the 15th of each month and shall be payable lhrough the Domestic Relations Office
of the Cumberland County CO'Jrt. The parties shall sign a Stipulation providing for the
said payments beginning the month of January 1997, The said alimony payments are
non-modifiable as to duration or amount. The sold payments shalltarmlnate upon the
death of either party or upon Wife's remarriage or cohabitation, All such payments
by Husband to Wife shall be deemed alimony. as defined In Section 71 (b) (1) (AI of
the Internal Revenue Code as amondod. and as said Section Is amplified by the
3
.
provisions of the Tax Reform Act of 1984 end Tax Reform Act of 1988, and any
future laws or reguletlons related theroto, Payments from Husband, when recalvad
by Wife, shall be deductible In the year of payment by Husband pursuant to Section
216 of the Internal Revenue Code, as amended, or any similar future laws or
regulations thereto, and shall be Includable In the year of rocelpt in the gross income
of Wife pursuant to Section 71 Ib) (1) IA} of the Internal Revenue Code, as amended
or any similar futuro laws or regulations thereto, Provided, however, that all
payments of alimony from Husband to Wife shall terminate upon the death of either
party or upon Wife's remarriage or cohabitation.
6. CHILD SUPPORT,
Husband Is presently paying child support to Wife for the parties' minor
child through an Order Indexed to number 28 S 1996, In the Court of Common Pleas,
Cumberland County, Pannsylvanla, Domestic Relations Section. The parties agroe
that they shall amend the amount of sold Order effective for the month of January
1997 in the amount of $1,000.00 per month. Any modification In the sold Ordar,
shall be controlled by the Domestic Relations Section,
7. LIFE INSURANCE,
Husband shall rotaln sole ownership of this throe 131 life Insurance policies with
Northwestern Mutual Life, Including the cash value contained thoreln as woll as any
loan balances against said policies. Husband agroes that he sholl maintain Wife as
4
beneficiary on $100,000.00 of life Insurance and shall maintain such Insurance, pay
all premiums as due, and take all other actions necessary to maintain such Insurance
and shall not borrow against, assign, encumber, or take or permit any other action
which would reduce the death benefit of such policy except as expressly permitted
by this paragraph. Said beneficiary designation to conllnue until the final payment on
his alimony obligation pursuant to Paragraph 5 hereof. Husband shall have a right to
reduce the amount of the beneficiary designation to Wife on said coverage on an
annual basis In January of each year, In the amount of $10,000,00 with final
termination of the beneficiary designation on the date of the final payment under the
ellmony provisions.
8. BANK ACCOUNTSIIRAs/C,D.s/MUTUAL FUNDS.
Wife shall retain ownership of her savings account with Dauphin Deposit Bank,
her 1990 Chrysler LeBaron, and her IRA with Smith Barney. In addition, Wife shall
retain the balance of monies liquidated from the Fidelity Mutual Funds Joint account,
Husband shall retain ownership of his IRA with Smith Berney, Inc, and his
401 (kl pension plan with Fidelity Brokerage.
9, EQUITABLE DISTRIBUTION.
In addition to the assets set forth In this Agreement to be transferred to Wife,
Including the $50,000,00 from the escrow account, Husband shall, at or Immediately
following the entry of a final Docree In Divorce, transfer Into an account designated
5
by Wife end In Wife's neme, through e Qualified Domestic Relations Order, funds and
assets from his IRA and his 401 (k) plan In lha total amount of $60,000,00 plus any
Interest which eccrues on sold sum efter the dote of final Decree In Divorce.
10. BUSINESS INTEREST,
Husbend shall retain as his sole and separete property, his Interest In Milliron
Associates. Husband represents and warrants that Wife Is not personally liable on any
of the debts relating to Husband's business, Milliron Associates, In the event any
debt would be discovered for which Wife would have liability, Husband shall
Immediately take steps to secure Wife's release from any debts related thereto.
11. CUSTODIAL ACCOUNT.
Husband Is the custodian of a custodial account for the parties' daughter,
Nicole, at Charles Schwab, account number HG 6333-4664 with a balance of
approximately $6,800,00. Husband shall continue to hold the funds In said account
for the benefit of Nicole and will provide copies of the statements on the account as
received by him to his Wife within ton (10) days of receipt, and will egree to deliver
the balance in those funds to Nicole when she alia Ins the age of eighteen (181,
Husband further agrees that he sholl supply a copy of all statements received from the
said account from January 1996 through the present within thirty (30) days of the
entry of a Decree In Divorce In this maller,
6
12. TAX ON PROPERTY DIVISION,
Husband hereby egrees to pay all Income taxes assessed against him, If any,
as a result of the division of the property of tha parties haraunder. Wife hereby agrees
to pay all Income taxes assessed against her, If any, as a result of the division of the
property of the parties hereunder.
13, 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. Tha party
breaching this contract shall be responsible for the payment of legal fees and costs
Incurred by the other In enforcing his or her rights under this Agreement, or seeking
such other remedy or relief as may be available to him or her.
14. FULL DISCLOSURE.
Husband and Wife each represent and warrant to the other that he or she has
made a full and complete disclosure to tho other of all assets of any nature
whatsoever In which such party of every type whetsoever end all other facts relating
to the subject matter of this Agreement,
15. ADDITIONAL INSTRUMENT.
Each of the parties shall on demand execute and deliver to the other any deeds,
bills of sale, assignment, consents to change of beneficiary on Insurance policies, tax
returns and other documents and do or caused to be done eny other act or thing that
7
may ba necessary or daslrable to the provisions and purposes of this Agreemant. If
either party falls on demand to comply with this provision, that party shall pay to the
othar all attorneys' fees, costs and other expenses reasonably Incurred as a result of
such failure.
16. WIFE'S DEBTS.
Wife represents and warrents to Husband that since the parties' separation she
has not and In the future she will not contract or Incur eny debt or liability for which
Husband or his estate might ba responslbla and shall Indemnify end save Husband
harmless from any and all claims or demands made against him by reason of debts or
obligations Incurrad by her,
17. HUSBAND'S DEBTS.
Husband represents and warrants to Wife that since lhe parties' separation he
has not and In the futuro he will not contract or Incur any debt or liability for which
Wife or her estate might be responsible and shall Indemnify and save Wife harmless
from any and all claims or demends made agelnst her by reason of debts or obligations
Incurred by him,
18. WAIVERS OF CLAIMS AGAINST ESTATES.
Except as herein otherwise provldod, ooch party may dispose of his or her
property In any way, and each perty hereby wolves and relinquishes any and all rights
he or she may now have or heroafter acquire, under the present or future laws of any
B
jurisdiction, to shoro In tho property or tho estate of the other os 8 result of tho morltel
relationship, Including without limitation, dower. curtsy, statutory allowance. wldow's
allowance. right to taka In Intastacy, right to take against the Will of the other, and
right to act as administrator or executor of the other's estate. and each will, to the
request of the other, execute, ecknowledge, and deliver any and all Instruments which
may be nacessary or advisable to carry Into effect this mutual walvar and
relinquishment of all such Interests, rights and claims.
19. REPRESENTATION.
It Is recognized by the parties hereto that John p, Milliron Is represented by
John J. Connelly, Jr" Esquire and Tanya L. Milliron Is represented by Samuel L.
Andes, Esquire. It Is fully understood and agreed that by the signing of this
Agreement, each party understands the legal Impact of this Agreament and further
acknowledges that the Agreement Is fair and reasonable and each party Intends to be
legally bound by the terms hereof.
20. VOLUNTARY EXECUTION.
The provisions of this Agreement are fully understood by both parties and each
party acknowledges that this Agreement Is fair and equitable. that It Is being entered
Into volunterlly and that It Is not the result of any duross or undue Influance,
21, ENTIRE AGREEMENT.
This Agreement contelns tho entire understondlng of the parties and thore are
9
no representations, warranties, covenants or undartaklngs other than those expressly
set forth herein,
22. PRIOR AGREEMENT.
It Is understood and agreed that any and all property settlement agreements
which mayor have been executed prior to the date and time of this Agreement are
null and void and of no effect.
23. MODIFICATION AND WAIVER.
Any modification or waiver of any provision of this Agreement shall be effective
only If made In writing and executed with the same formality as this Agreement, The
failure of either party to Insist upon strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same
or similar nature,
24, GOVERNING LAW.
This Agreement shall be governed by and shall be construed In accordance with
the laws of the Commonwealth of Pennsylvania,
26. INDEPENDENT SEPARATE COVENANTS.
It Is specifically understood and agreed by and between the parties hereto that
each paragraph hereof shall be deemed to be a separate and Independent covenant
and agreement.
10
~ l::) ?;
co,
iJ, 1~~~
~f ,-
'f' :.::c ,::):1
- t"..
r _!r .: {,'J
(J
,. e" L_
t.. ~ I'
WI; W j ]ill
,., ,,0.;
F t:l .-
.
11 It. ;.1
u O' 1..)
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96.6140
CIVIL ACTION - LAW
IN DIVORCE
JOHN P. MILLIRON.
Plaintiff
TANYA L. MILLIRON,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following Information, to tha Court for
entry of a Divorce Decree:
1. Ground for dlvorca: Irretrievable breakdown under Section (XX)
33011c) I 1 33011dl of the Divorce Code.
2. Date and manner of service of the Complaint: November 4, 1996 by
certified mall number P 614 460773.
Complete either paragraph (a) or (b),
la) Date of execution of the Affidavit of Consent and Waiver of
Counseling required by Section 3301 (c) of the Divorce Code:
by Plaintiff: /:J.. - q - (I ~, . 1996; by Defendant: /:'j, - 'i - (I iL.,- . 1996.
(b) (11 Date of execution of the Plaintiff's Affidavit required by Section
33011d) of the Divorce Codo:
(2) Dote of service of the Plaintiff's Affidavit upon the Defendent:
4. Related claims pending: All claims settled,
6. Date and manner of service of the notice of Intention to file
Praecipe to Trensmlt Record, a copy of which Is ettBched, If the decree Is to be
entered under Section 3301 Id) of the Divorce Code:
Illnfl 1'1' 'lrv 11111)
tOU"'UI,wtAl11l tI' t''''~I.lVMfI^
m,.^nl~U'" m "'AUtI
\/tt^l ntr.onUI
riiiilil V-.-- --_.-- __4_'_J
_C.\J~.~_~t:.l~n_~ _________
IJIVunCE
IECUlltJ ur
UIl ANNULMENT
IClOrcl< OIOt! [J
I""nm~"~-=~=
11M' flU flAil
IXl
IIUSBANIJ
""""
Iflllll
,AI"','lrl
-nlll
"""
..
Or...'
,n I
0'
~l111lron ""'" OU-02-47
{\j~7.it-~ --ri.iir~-- ----... 'J-t:tl.rr-----U'iilifl".,".'lIn;;;;Titl-----
o.
__u 5253 Dcerflcld Avcn!l!!1 ~lechllnll',blll.g, ClIlIlbel')IIIUI, l'enr!o;yIYl\!! ',In .~.!l.~l!'.~~ I'ennsylvnnln
. tlu-..nf" " ii;'t;' USUlllOCCU'"'I014
Of tllll WIIIJ.\ "t,"C' "'I"rll,...lI"
...n"",n" (~LJ Lobbyist
John
J '-..ijj;jii[';;Ci------ SIt.,.,;;;;1i
1'.
{',;",1i;.-;;. ;.; r;;"
WilE
n''''''t
'If If
t. VAn
o.
.,ntll
11. f'lACt
o.
'lnlll
fUmN
0"'"
(0,..,
",.,.,
. t.lAlIlfN "AMI ",'ul --~-----
NICIIOLA8 TllnJ'~_.__ L.
'n I1fSlllF.UCI s"",." n lJ f.JI'. If".". fl' '04(1
Ii""
MIIlIr'oll
] 2-] 6-5U
t5,~"CJ' fo""" CbVnl..,j-"--
137 5tnnfor_~_~ollrt!~le~\II~~I/~sblll.g, ClIlIlbel'llIIlIl! I)~nnsy!vurl!!!_) ;~~~5
" IlUMDt" I "",ir" l'tAl. nt'''''III1I1I1,1
"' ""' 2 I'" I J O~
MAn "lAD I LlJ
I. tl^Clor Ic".."II' ,J,.",., ''''.'.1 nu...".
of 11111
M^"t'lIAOf
il"ft,il..-Mnnror CUll. ['iiit;U'Miiift tif iiifHitHli (IlIi I ii Fi Aifil,rr- ~~-_.__.
11111:" 'IHI t1nrUIJfHllf1111 IIIlUA'IU "'If 1 nlll!.-"II,..lIyl
....nn'.o' I l'\ I LJ 0
,n UUMnln ur IIUIIIANu-;;j,,- i;'llltusi-;m~ UtlH II HI...'I,j ii '-iiuA' QnOl-lNtJl 'flU
cllllbn,u 10 Vi CI ['---. I ") tllvonCI un AutlUl...r"t
CU"ODV 0' L!..J -.J --l :I:lIIl of the Divorce Code
u "11.11: or ntenu ,it,;;;jhi '(1;1;-+ ii,i.; HIi^,iriiiT-UiiTii'iii 11J;;iihT
It) vltM ,.'CUJlIII
Pennsylvnnla
lIIulr'
I'ennsylvunlu
Adrnlnlstrutive Asslstnnt
.. VAnU," ACIni'" 't
IWI
....nn'no' 08-26-85
l'I:--ntl:nU''D'nXmr"TC
IIU(}5NU VfiJ o"O""lrll'l
t'H'
Izr.r7
ffiiiOJ
.. IInll^lunrOf
'"MI!lcnUIIIIO elf".:
JOHN P. MILLIRON, ) IN THE COUR'I' m' COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY,
I PENNSYLVANIA
)
vs. I CIVIL ACTION - LAW
)
) NO. 95-6140 CIVIL TERM
TANYA L. MILLIRON, )
Defendant ) IN DIVORCE
NOTICE
TO PLAINTIFF NAMED HEREIN:
YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND
I COUNTERCLAIMS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT
JUDGMENT MAY BE ENTERED AGAINST YOU.
,
'I
'I
I
I
I
II
Ii
,I
BY~~
amue1 L. Andes
Attorney for Defendant
supreme Court ID 17225
525 North 12th street
Lemoyne, PA 17043
(717) 761-5361
JOliN P. MILLIRON, I IN THE COURT OF' COMMON
Plaintiff I PLEAS OF' CUMBERLAND COUNTY,
I PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
)
) NO. 95-6140 CIVIL 'rERM
TANYA L. MILLIRON, )
Defondant I IN DIVORCE
AliSVRR Allin COlJIITRll.CLAIMB
AIID NOW comes tho above-named Defendant, by her attorney, Samuel L.
Andes, and makes the following Anawer and Counterclaims to Plaintiff's
Complaint.
I 1. Admitted.
I 2. Denied. Defendant currently residea at 53 Warwick Circle in
Mechanicsburg, Cumberland County, Pennsylvania.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
B. Admitted.
9. Admitted.
10. The Defendant requests thia Court not to enter any final decree
in divorce until such time aa the Court has entered a decree diaposing of
all economic claims raiaed in this case by complaint or counterclaim.
COIIIIT II
II. Admitted. By way of further answer, Defendant avers that the
partiea are the ownel'a of otllel' ilaaeta. InclUding reai oatate and
business assots, not specificallY Identified in Plaintiff's Complaint.
II
I
I
I
I WHBRBFORB, De(endant requonts this Court to on tel' a final decroe in
Ildivorce and. at the sarno time, to make equitable distribution o( tho
marital property, to award her alimony, alimony pendente lite, counsel
I(ees, and expenses in accordance with her counterclaims, and to take such
,
,
lother action as is necessary to pre nerve the economic interents of the
i
!partien and their child.
I
I
I COU.TERCl~IMB
i
! AJlD NOW comen the above-named Defendant and makes the (ollowing
I
I
~ounterclaims to Plaintiff's Complaint:
I
I
i COUMT III - ALIMOMY
12. Defendant lacks sufficient property to provide for her
,
~easonable needs in accordance with the standard of living of the parties
i
iestablished during the marriage.
i 13. Defendant is unable to support herself in accordance with the
Istandard of living of the parties establinhed during the marriage through
,appropriate employment.
i 14. The Plaintiff is employed and enjoyn a nubstantial income from
~hiCh he is able to contribute to the nupport and maintenance of
I
~efendant and to pay her alimony in accordance with the Divorce Code of
!Pennsyl vania.
WHEREFORE, Defendant l1l'aYB thin Honorable Court to enter an Order
I
awarding Defendant from Plaintiff pormanent alimony in Buch Burns au are
,
'reasonable and adequate to Bupport and maintain Defendant in the Btation
iof life to which nhe han become accuBtomed during the marriage.
COUNT IV - AI.IMONY PP.NDEIIITR l.ITE
l~. Defendant is without sufficient income to Bupport and maintain
,herself during the pendency ot thin action.
II \D ?;
-
& ::1
E :~
0..
\l)
~ f:d
r;;l
~ \l)
Ol
..
j
~ \D r=
',,"
.. ,-
.1 ;;)
N 3"
15' . ~
:c .~
0- ,ote
f \0 :"/!J
".;;
~~ - i~
'-' II
t.a.J 1'f1
c:::: ','
,"
u. u:l B
u en
\D ~
- -,.
& i~
:c ~.~~
0- '~i
U)
u ..~
IJ.J i\
&::l ~E
U) a
0\
"- (OJ i;;
I~ CO':
,y., ''')
;.):'5
:r.: I ,.~
- .~
oct ~.
,--l;':J
I. :;:{ii
r CI;l
t-.,
i'l - l'~
lJ u ~i1
'l &.o.l l'~1
f- P "fi
It In a
u D"
"'
'*
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 Nonh Hanovor Slrool
Carllslo, PA 17013
(717) 240.6535
R. Robert RUcker, II
Divorce Masler
Trecl .10 Colrer
otllce Maneger/Repar1er
We.t Ihore
697.0371 Exl. 6535
January 16, 1996
John J. connelly, Jr., Esquire
CONNELLY, REID & SPADE
108-112 Walnut Street
P.O. Box 963
Harrisburg, PA 17108
RE: John P. Milliron vs. Tanya L. Milliron
No. 95 - 6140
In Divorce
William C. Kollas, Esquire
KOLLAS & KENNEDY
1104 Fernwood Avenue
camp Hill, PA 17011
Dear Mr. Connelly and Mr. Kollas:
By order of Court of President Judge Harold E. Sheely
dated January 5, 1996, the full-time Master has been appointed
in the above referenced divorce proceedings.
A divorce complaint was filed on October 25, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage and the economic claim of equitable distribution. Mr.
Kollas has not appeared in the action but Mr. connelly has
indicated on the motion for appointment of Master that Mr.
Kollas is representing the Defendant.
I am going to proceed on the assumption that grounds for
divorce are not at issue. If Mr. Kollas is not representing Ms.
Milliron, I request that he advise us immediately so we can
contact other counselor the Defendant directly. I am going to
proceed with a directive to file pre-trial statements.
In accordance with P.R.C.P. 1920.33 I am directing each
counsel to file a pre-trial statement on or before Friday,
February 2, 1996. Upon receipt of the pre-trial statements, I
will immediately schedule a pre-hearing conference with counsel
JOHN P. MILLIRON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 95 - 6140 CIVIL
TANYA L. MILLIRON,
Defendant IN DIVORCE
REI Pre-Hearing Conference Memorandum
DATE: Monday, october 28, 1996
Present for the Plaintiff, John P. Milliron, was
attorney John J. Connelly, Jr., and present for the Defendant,
Tanya L. Milliron, was attorney Samuel L. Andes.
A divorce complaint was filed on October 25, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage and the economic claim of equitable distribution.
On January 24, 1996, the Defendant filed a
counterclaim raising additional economic claims of alimonYr
alimony pendente lite, and counsel fees and expenses.
with respect to grounds for divorce, the Master has
been advised that the parties will sign and file affidavits of
consent prior to a hearing to be scheduled so that the divorce
can proceed under section 3301(C) of the Domestic Relations
Code. Counsel have advised that there is an issue with respect
to marital misconduct as that factor relates to wife's alimony
claim. A separate hearing will be scheduled on that issue.
Counsel for husband is directed to provide wife's counsel a list
of witnesses a month prior to the hearing and wife's counsel is
directed to provide husband's counsel a list of her witnesses
two weeks prior to the hearing.
Husband is 49 years of age and resides at 5240
Meadowbrook Drive, Mechanicsburg, Pennsylvania, where he lives
alone. The home where he is residing is nonmarital property.
Husband has a Bachelor's degree and is currently attending
Weidner Law School. He is the owner of Milliron Associates
which is a lobbying company. He reported his net monthly income
on his income statement filed in these proceedings as $5,064.75;
however, counsel have agreed that his income will be reviewed in
February of 1997 after husband has all his income information
gathered to file his 1996 income tax return. Husband is
currently undergoing treatment for alcoholism. On March 12,
1996 the cumberland County Court entered an order directing
husband to pay $1,000.00 per month in child support and
$2,000.00 per month in alimony pendente lite. By agreement,
husband is actually paying $2,2JO.OO with the arrearage
accumulating. The issue of the income and child support and
alimony pendente lite payments will be reviewed in the early
part of 1997 after husband's income information is available.
wife is J6 years of age and resides at 5J Warwick
Circle, Mechanicsburg, P6nnsylvania, where she lives with the
child of the marriage. Wife is an office manager of the Deering
consulting Group. She is a high school graduate and has a
biweekly net income of $6J1.90. She has not raised any health
issues.
The parties have a child who is 17 years of age,
Desiree Nicole, born June 9, 1979. Counsel believe that Desiree
is currently a junior in high school.
The parties sold the marital real estate at 525J
Deerfield Avenuet Mechanicsburg, Pennsylvania, and have put the
proceeds in an escrow account at Pennsylvania National Bank.
The approximate amount of money in that escrow account is
$57,1J5.00.
The parties jointly own two condominiums at East
Park Garden Apartments, Harrisburg, Pennsylvania, which are used
as rental units. Husband has estimated the value of the
property at $74,000.00 with the mortgage of $49,900.00 leaving
an equity of around of $24,100.00. According to counsel the
rental income is paying the expenses and Mr. Andes has requested
a statement showing the application of the income toward payment
of expenses for the property. Mr. Connelly indicated that
actually the expenses may be more than the income being
received.
Wife has a vehiclet a 1990 Chrysler LeBaron
Convertible which the parties have stipulated has a value of
$6,000.00. Husband has a leased vehicle which he uses for
business purposes and personal purposes. Mr. Connelly has
indicated that he will provide Mr. Andes with some specific
information regarding the status of husband's lease and the
vehicle being leased and used by husband.
Husband claims that he put $17,200.00 into
purchasing the marital home. Wife claims that she put around
$8,000.00 into purchasing furniture. with respect to the
furniture which wife purchased with her $8,000.00, she sold
those particular items for $4,000.00. There is a question as to
how we shOUld handle the contribution of the parties to the
acquisition of the furniture and the house, and the Master has
indicated that he will probably look at the factor relating to
the contribution of the parties to the acquisition of marital
assets in evaluating how we should use those funds in the
distribution. In any event, the Master is not likely to give
each party a specific credit tor the monies that they
contributed. If the parties are unable to agree as to the value
of the other tangible personal property distributed between the
parties, then that property will have to be appraised. At the
time the parties separated, according to the Masterrs
understanding, the parties distributed the items of household
tangible personal property between them but did not place a
specific value on the items that each received.
Husband has a lobbying business and counsel are
going to try to arrive at a value for that business and if they
cannot agree will have to have the business appraised.
The pre-trial statements list various checking and
savings accounts and IRA accounts and a 401(k) account. Mr.
Andes has requested that the amounts of those accounts be
verified and we will request that at the time of the hearing
counsel provide updated statements for those account values.
Perhaps counsel will be able to stipulate as to the values of
those accounts.
Husband has three life insurance policies for which
he has listed cash values. His counsel pointed out that
$1,897.00 of the cash value of the one policy is pre-marital.
Further, the parties borrowed $6,680.00 to erect a deck on the
marital home in 1992. Applying the total of the cash value less
the premarital portion and the borrowed money, Mr. connelly
stated that the net cash value of the policies is $14,312.00.
counsel have listed various items of jewelry and a
mink coat on the pre-trial statements and if counsel cannot
agree to the values of those items then they will have to be
appraised along with the other property that is to be appraised
herein.
In addition to the mortgage with National Mortgage
Company which is a lien against the two units at East Park
Garden Apartments, the parties have two marital debts, a Visa
account and a Bears account. counsel need to provide the date
of separation amounts on those accounts. It is the Master's
understanding that husband has been making the payments on the
visa card and the Bears account.
A hearing is scheduled on Thursday, January 16,
1997, at 9100 a.m. to take testimony on the factor of marital
Mlg.fLonn IInl. I'reselll Vnlue.
9. IRA (H) $18,880.00
Smith Barney
10, IRA (W) $3,100.00 (approx.)
Smith Barney
11. 401(k) Retirement Plan (H) $101,400.00
. Fidelity Brokerage
12. Full Length Mink Coat (W) Unknown
13, Jacket Length Rabbit Coat (W) Unknown
14, 1. B Carat Diamond Pendant (W) To be determined
15. Gold Rolex Watch (W) To be determined
16, Amethyst Rind alld Pendant (W) To be detennlned
17. Culture and Pearl Necklace (W) To be determined
18, I Carat Waterfall Ring (W) To be determined
19. Misc. Hings (W) To be determined
20, Misc. Household Furnishings (J) Unknown
21. Escrowed Proceeds, Sale of Marilnl Residence (J) $57,135.30
22. Savings Account (W) $8,UUO.00
Dauphin Deposit
23, Milliron Associates (11) $20,000.00
II.
NlIlI-l\1nl'i1nll'l'nlll'11y
1\1lJ:./Lonn IInl.
1'1'cSI'lIl VolIll'.
I.
Hesldcnce (II)
5240 Mcadowbrouk Drive
Mechnnicsburg, PA 17055
$153,OOO.()O $16I,OOll.OO
ASSETS OF PARTIES
Plaintiff marks on the list below those Items applicable to the case at bar end
Itamlzas tha assets on the following pages. If an Item has been appraised, a copy of
the appraisal report Is attached.
(x)' . 1. Real property
(x) 2. Motor vehicles
(x) 3. Stocks, bonds, securities and options
( ) 4. Certificates of Deposit
(x) 5. Checking accounts, cash
(x) 6. Savings accounts, money market
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
(x) 9. Llfa Insurance pOlicies (Indicate face valua, cash
surrender value and current beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, Inventions, royalties
( ) 14. Personal property outside the home
(x) 15. Businesses (list 011 owners, Including percentage
of ownership, and officer/director positions held
by a party with a company)
(I 16. Employment termination benoflts . severance pay,
workman's compensation claim/award
( ) 17. Profit sharing plans
(x) 18. Pension plans (indicate employee contribution and
date plan vests)
(x) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. MllltorylV.A. boneflts
( ) 23. Education benefits
(x) 24. Debts due, Including loans, mortgages hold
(x) 25. Household furnishings and personalty (Include as a
total category Ilnd attach Itemized list If
distribution of such essots Is In dlslJute)
( ) 26. Other
MARITAL PROIJERn'
DESCRIPTION:
Northwestern Mutual Life Insurance Policy #:
9690999
Face Value: $58,514.00
.' .
OWNERSIIIP:
John Milliron
POSSESSOR:
John Milliron
DATE ACQVffiED:
COST/ACQUISITION VALVE:
VALVEIDATE OF SEIJARATlON:
Cash Value: $8,421.00
PRESENT VALVE:
Cash Value: $9,356.00
NAME AND ADDRESS OF
ANY LIENHOLDER:
EFFECTIVE HATE OF LIEN:
NATURE OF LIEN:
I'RESENT AMOUNT OF LIEN:
BENEFICIARY:
Tanya Milliron
MARITAL IJROPER1'\'
DESCRIII'fION:
Gold Rolex Walch
OWNERSHIP:
POSSESsbR:
Tanya Milliron
Tanya Milliron
DATE ACQUIRED:
12/93
COSTI ACQUISITION V AWE:
$4,000.00
VALVE/HATE OF SEI'ARATION:
PRESENT VALVE:
NAME AND ADDRESS OF
ANY LIENHOLDER:
EFFECTIVE DATE OF LIEN:
NATURI~ OF LIEN:
PRI~ENT AMOUNT Ol~ LIEN:
MARITAL DEBTS ANH UAIJIUTII~
DESCRIPTION:
Mortgage
Two (2) Units, East Garden Apts.
N. 40lh Strcet
Harrisburg, PA 17111
INITIAL DATE LIABILITY INCURRED:
12/85
.' .
AMOUNT OF ORIGINAL DEBT:
$63,000.00
AMOUNT OF DEBTIDATE OF
SEPARATION:
$51,000.00
AMOUNT 01' CURRENT DEBT:
$50,200.00
PERIODIC IJA YMENT:
$430.00 pcr month
DEBTOR(S):
John and Tanya Milliron
CREDITOR IS):
National Mortgage Co., Memphis, TN
CURRENT PA YOlt:
PROIJEltTY TRANSFERREH
Plaintiff lists all property In which eithcr or both spouscs had a legal or cquitable intcrest
individually or with any other person and which has bccn transfcrrcd within the preceding thrcc
YCMS:
ITEM DESCRIJITION HATE OF l'EltSON '10 WIIOM
rm. OF PROI'ERTY TItANS FElt CONSIDERATION T1tANSFEltRED
1. Condominium 4/94 $145,000.00
2. Marital Residcnce 1/96 $180,000.001 Patricia Conner
Procccds in lhc prcscnt amount of $57,135.30 from salc of marital rcsidcncc presently bcing
hcld in cscrow account.
Charge Accounts
Memberships
Loans
credit Union
Miscellaneous
Household Help
Child Care
.' .
Papers/Books/Magazines
Entertainment
Pay TV
Vacation
Gifts
Legal Fees
Charitable Contribution
Child support
Alimony Pendente-Lite
MONTHLY YEARLY
(Fill in appropriate column)
200.00 2,400.00
25.00 300.00
100.00 1,200.00
20.00 240.00
166.67 2,000.00
166.67 2,000.00
166.67 2,000.00
400.00 4,800.00
1,000.00 12,000.00
2,000,00 24,000.00
OTHER I
TOTAL EXPENSES
$9,795.00
$117,540.00
PROPERTY OWNED: See Plaintiff's Inventory
Checking Accounts
Savings Accounts
Credit Union
stocks/Bonds
Real Estate
other
TOTAL $67,436.30
4 Escrowed funds from sale of marital residence.
Description
Dauphin Deposit
Dauphin Deposit
Value
$100.00
$200.00
OWnership.
Ii Ii i1.
II
II
Escrow Acct.
$57,135.30'
x
I
I
,I
il copies of those exhibits to this Pre- Trial Statement because she doas not have copies of 011
,I
'I
II of them os yet.
I 5. INCOME STATEMENT. Attached hereto is a copy of on Income and Expense
Statement prepared and filed by the Defendent In 0 custody ectlon pending between the
portles. A current income statement will be submitted at the hearing in this metter.
6. EXPENSE STATEMENT. Attached is the Income and Expense Stetement
referred to In the preceding peragraph. A current expense statement will be submitted at
the heerlng In this meller.
7. PENSION INFORMATION. To Defendant's knowledge, the pension benefits
owned by the parties and being marital property ere Husbend's 401(kl plan and two
indlviduel retirement accounts. They will be valued by introducing into evidence copies of
stetements showing the belonces in those accounts.
8. COUNSEL FEES. Defendant has Incurred counsel fees at the rate of $150.00
por hour. An Itemized statement of the expenses will be submitted at the hearing. Those
expenses ere not yet complete and so Defendent cannot provide them at this time.
9. PERSONAL PROPERTY. To tho extent there is a dispute about the existence,
value, or dlsposlllon of these Items, Defendants Intends to have the items appraised and
submit the testimony of the appraiser or eppralsers to establish their value.
10. MABJTAL DEBTS. The only debts known to tho Dofondant are thoso listed on
Exhibits A end B.
11. PROPOSED RESOLUT/ONJlf.....ECONOMlCJUUIS. Defondant needs to have
Plelntlff's business valued and to get more complote Information about the assets of tho
parties. She proposes that tho essots be distributod to give hor 70 percent of the not
marital estate, because of the disparity In incomos of the partieB and hor responsibility to
EXHIBlLA~MARlIALP-HOPERTV
Ii
DATE OF MARITAL AMOUNT OF
ASSET VALUE VALUATION PORTION LIENS LIEN
Two condominiums In $ 76.000.00 6/96 100% National Balanco
East Park Gardens. (ost'dl Mortgag unknown
Harrisburg, PA o Co.
Escrow Account with $67,000.00 7/96 100% None N/A
proceeds of sale of (approx .1
former residence
Husband's 40t(kl $100.000,00 7/96 tOO% None N/A
retirement plan (approx.l known
Husband's IRA Unknown N/A 100% None N/A
known
Wife's IRA with Smith $2,957.00 6/96 tOO% Nene N/A
Barney known
Husband's lobbying Unknown but 7/96 tOO% None N/A
business believed to be known
IJ1 excoss of
$260.000.00
Fidelity Mutual Fund $14.70B.6t 5/96 tOO% None N/A
accounts known
Checking account at Unknown 6/96 100% None N/A
Dauphin Deposit Bank known
Savings account at Unknown 6/96 100% Nene N/A
Dauphin Depesit Bank known
Savings acceunt $B.OOO.OO 5/96 100% Nono N/A
Inpprox,) known
Chrysler LoBaron $7.000.00 6/96 tOO% Neno N/A
automobile knewn
Household furnishinllS Unknown 6/96 tOO% Nono N/A
and tangible personal known
property includll1l1
jewelry, clothes. and the
like
Various policies of Unknown 6/96 Believed None N/A
insurance on Husband's to be known
life 100%
EXHIBIT B - NON-MARITAL PROPERTY
DA TE OF REASON AMOUNT OF
ASSET VALUE VALUATION FOR LIENS LIEN
EXCLUSION
Wife's $109,500.00 12/96 Acquired Mortgage $100,000.00
residence at 63 after dete of
Warwick Circle, separation
Machanicsburg,
PA
Husband's $161.000.00 6/96 Acquired Mortgage $153,000.00
rasldence at (est'd) after date of
6240 saparatlon
Meadowbrook
Drive, Mech. PA
. .
01/
U INCOME AND E~PEN.SE STATEMENT Of
~"'Ll'''- f)111lJ/ A (J}U
U r; \\.R.~,
SSN~t)Ol ..5ll..Jtl:JJ_DR"~Lc:l2, y DATE~/
TlUS STATEMENT MUST BE FILLED OUT
I you are sell.employed or II you are salaried lly a lJushle6s 01 which you DIU owner In whole or In pall, you must
.1lso 1111 oul the Supplemental Income Statoment which UppeU16 on Ihe IU5\ page 01lhl5 Income and Expense
Slatement.)
INCOME
,.~ rris~ r/ltltJ
(a) Wages/Salary ~H r .
Employer & Address -tne. I . (OIfi1Jl ~i~~lAi.p 2f?1!Il-ui'11 ff
Joll Tille/Description -.12fP---~..
Pay Period (weekly, bl.weekly, monthly)' J dll'l___
Gross Pay per Pay Period ........................................................... ....,................................................... $
Payroll Deductions:
Federal Wllhholdlng ..................$
Social Security ................,..........$ )
Local Wage Tax ..................,..,....$ )
Slale tncome Tax .......................$ (
Retirement ........,..,.......,..............$ .J--
Health Insurance ........................$ "
Other (speclly) "':::':::::'::::::::::::::::__ )
Net Pay per Pay Period ..,..................................................................,..........
a3d~L-
K'O
.."............................$~4Jwus
(b) Olher Income Week
InlercsllDl...ldends .........,..$
Pension/Annuity.............. .....$
Social Security ..........,..........,....,$
Rents/Royalties ......,...................$
Expense Account .......................$_
Gllls....,....,........................,.,..,.....$_--
Unemploymenl Compensallon ,$,.
Workmen's Compen5ullon ........$_..__...__..~__.
Monlh
.
.... "-,~--,------
<
.... ---------'. ----
$_.. ..,---
$-.--.------
$ ..-----
$ ....... .--... -.. ..---.
$......._ ...... .. .~--,~
$ .-- -. .. .---.
.-f1) -
.-.._..~_.~_.._-
I
Tolal. Olher Income ......
$ _......-
.......,........ --_._._- _.~._--_.._._---
$
IIICOME Aim PI'EtISI srAllMlI1l 01
Yeur
.
~ ...,.--..--------
.
~
$
$
$-------.,
$------- -..-.-..
$--
$
-0
----
$. ._~-_._-------_..
I \'crily Ihallhu Llalcllll:lllli Illude In Ihili InulllllI dlld rJp~ll:'l' GlallJ
m~l\t ale IIUO and cOIloet.1 UluJUI!llalllJ Ihilllah.o lIlahHlIl:IHb Ilt!WIIl
afa ma~a ""iljuel I" Il1u I'u"oll.., 01 71)1 fl', C b 4U04 ll'j,jlin\J lu
""'WO"';:?;~!clfO" I" o"ll1mllle, ( L '.'
Dale .oL/-'l9k- '... (\1~t"rt!fT).' \t~{( clI^-'
PRO "405
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this '}.ll day of < '1\()r,",,,,,~r ,199.b-, by and
between JOHN P. MILLIRON, hereinafter called "Husband", and TANYA L. MILLIRON,
hereinafter called "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were legally married on August 26, 1985:
WHEREAS, the partias are the parents of a minor child, Desiree Nicole Milliron,
born June 9, 1979;
WHEREAS, differences have arisen between Husband and Wife In consequence
of which they desire to live separate and apart from each other; and
WHEREAS, Husband and Wife desire to settla and datermlne their rights and
obligations.
NOW THEREFORE, In consideration of tha premises and covenants contalnad
herein, It Is agreed by and between the parties hereto thet:
1. SEPARATION.
It shall be lawful for each party at all times hereafter to live seperate and apart
from oach other at such place os ho or she from time to time sholl choose or deem fit.
The foregoing provision shall not bo token as an admission on tho JJart of olther party
of the lawfulness or unlawfulness of the causes loading to their living apart.
2. INTERFERENCES.
Each party shall be free from Interference, authority and control by the other,
os 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 sholl molest or attempt to
andeavor to molest the o~her, or In any way harass or malign the other, nor In any
other way Interfere with the peaceful existence, seperate end apert from the other.
Each of the pertles hareto completely understend and egree that neither sholl do or
soy anything to the child of the parties at any time which might In any way Influence
tha child adversely agelnst the other party.
3. DIVISION OF REAL PROPERTY.
A. The marital residence located at 5253 Deerfleld Avenue, Mechanlcsburg,
Cumberland County, Pennsylvania has been sold with the proceeds from the sale of
the residence placed In an escrow account In the approximate balance of $58,178.66,
said escrow account is being held by Husband's counsel, John J. Connelly, Jr.,
Esquire. The parties agree to divide the proceeds In the form of equitable distribution
with Wife receiving $50,000.00 and Husband receiving the balance In the account at
tha time of the execution of this Agreement. The parties agree, however, that they
shall shere and report equally any capltalgoln resulting from the sale of the residence,
ragardless of this division of the proceeds.
B. The parties arc the owners of two (2) condominium units at East Park
Gardens located at North 40th Street, Horrlsburg, Deuphln County, Pennsylvania.
Wife agraes that she will transfer all right, title, and Interest to the sold properties and
Husbond shall be solely responsible for the balonce due on ony and all dabts relating
2
thereto, Including, but not limited to, mortgagas, taxas, rapalrs, Insurance, and any
capital gains generated by the sale of said units.
4. DIVISION OF PERSONAL PROPERTY.
The parties have divided between them to their mutual satisfaction, personal
effects, household goods and furnishings and ell other articles of personal property
which have heretofore been used In common by them, and neither party will make any
claim to any such Items which are now In the possession or under the control of the
other. Should It become necessary, each party agrees to sign any title or documents
necessary to give effect to this paragraph, upon request.
5. ALIMONY.
Husband shall pay to Wife In the form of ailmony, the sum of $1,200.00 per
month beginning with the month of January 1997 and ending with the last paymant
due In the month of December 2002. The said payments shall be due on or before
the 15th of each month and shall be payable through the Domestic Relations Office
of the Cumberland County Court. The parties shall sign a Stipulation providing for the
said payments beginning the month of January 1997. The sold alimony payments are
non-modifiable as to duration or amount. The said payments sholl terminate upon the
death of either party or upon Wife's romorrlage or cohabitation. All such payments
by Husband to Wife shall be deemed alimony, as defined In Section 71 lb) (1) (A) of
the Internal Revenue Code as amended, and as said Section Is amplified by the
3
provisions of tha Tax Reform Act of 1984 ond Tox Reform Act of 1986, ond any
future laws or ragulotlons reloted thereto. Poyments from Husband, whan recelvad
by Wife, shall be deductible In the year of payment by Husband pursuant to Section
215 of the Internal Revenue Code, as amended, or any similar future laws or
regulations thereto, and shall be Includabla In the year of receipt In the gross Income
of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code, as amended
or any similar future laws or regulations thereto. Provided, howevor, that all
payments of ellmony from Husband to Wife shall termlnato upon the death of either
party or upon Wife's remarriage or cohabitation.
6. CHILD SUPPORT.
Husband Is prasently paying child support to Wife for the partlas' minor
child through en Order Indaxed to number 28 S 1996, In the Court of Common Plaas,
Cumberland County, Pennsylvania, Domestic Relations Section. The partlas agree
that they shall amend the amount of said Order effective for the month of Jenuary
1997 In the amount of $1,000.00 per month. Any modification In the said Order,
shall bo controlled by the Domestic Relations Section.
7. LIFE INSURANCE.
Husband shall retain 5010 ownership of this three (3) life Insurence policies with
Northwestern Mutual life, Including the cash value contained therein us well as any
loan balances against said JJollcles. Husband agrees that he sholl maintain Wife as
4
beneficiary on $100,000.00 of life Insurance and shall maintain such Insurance, PBY
BII premiums as due, and take all other actions necessBry to maintain such Insurance
and shall not borrow against, assign, encumber, or take or permit any othar action
which would reduce the death benefit of such policy except BS expressly parmlttad
by this paragrBph. SBld beneflclBry deslgnBtlon to continue until the final pByment on
his alimony obllgBtlon pursuant to Paragraph 5 hereof. HusbBnd shall have B right to
reduce the amount of the beneflclBry designation to Wife on said coverBge on an
annuBI basis In January of each yeBr, In the Bmount of $10,000.00 with final
termlnBtlon of tha beneflclBry deslgnBtlon on the dBte of the flnBI pByment undar the
alimony provisions.
8. BANK ACCOUNTS/IRAs/C.D.s/MUTUAL FUNDS.
Wife shBII retBln ownership of her savings account with Dauphin Deposit Bank,
her 1990 Chrysler LeBaron, and her IRA with Smith BBrney. In addition, Wife shall
retBln the balBnce of monies liquidated from the Fidelity Mutual Funds Joint account.
HusbBnd shBII retBln ownership of his IRA with Smith Barney, Inc. and his
401 (k) pension plBn with Fidelity Brokerege.
9. EQUITABLE DISTRIBUTION.
In Bddltlon to the Bssets set forth In this Agreement to be transferred to Wife,
Including the $50,000.00 from the escrow Bccount, Husband sholl, at or Immediately
following the entry of B final Decree In Divorce, transfer Into on account deslgnBted
5
by Wife and In Wife's name, through a Qualified Domestic Ralatlons Ordar, funds and
assets from his IRA and his 401 (kl plan In the total amount of $60,000.00 plus any
Interest which accrues on sold sum after the dote of flnBI Decree In Divorce.
10. BUSINESS INTEREST.
Husband shBII retain BS his sole Bnd sepBrate property, his Into rest In Milliron
AssoclBtes. Husband represents Bnd warrBnts that Wife Is not personally liable on any
of the debts relBtlng to Husband's business, Milliron Associates. In the event any
debt would be discovered for which Wife would heve liability, HusbBnd shall
Immediately take steps to secure Wife's releBse from Bny debts releted thereto.
11. CUSTODIAL ACCOUNT.
Husband Is the custodlBn of B custodial Bccount for the pBrtles' deughter,
Nicole, at ChBrles SchwBb, eccount number HG 6333-4554 with B balance of
approxlmBtely $6,800.00. HusbBnd shall continue to hold the funds In sBld account
for the benefit of Nicole and will JJrovlde copies of the statements on the account as
recelvad by him to his Wife within ten (10) days of recolpt, and will BgreB to deliver
the belBnce In thosa funds to Nicole when she attains the age of eighteen (18).
Husband further egrees that he sholl supply a copy of all statements received from the
said account from JBnuary 1995 through the JlfOsenl within thirty (30) dBYs of tha
entry of B Decree In Divorce In this matter.
6
12. TAX ON PROPERTY DIVISION.
Husband heraby agrees to pay alllncomo tOllas assessed against him, If any,
as a result of the division of the property of the parties heraunder. Wife heraby agraes
to pay alllncomo talles assessed against her, If any, as a result of tha division of the
property of the pertles hereunder.
13. BREACH.
If alther perty breaches any provision of this Agreement. the other perty shall
have the right, at his or her election, to sue for damages for such breach. The party
breaching this contract shall be responsible for the payment of legal fees and costs
Incurred by tha other In enforcing his or her rights under this Agreement, or seeking
such other remedy or relief as may be available to him or her.
14. FULL DISCLOSURE.
Husband and Wife each represent and warrant to the other that he or she has
made a full and complete disclosure to the other of all assets of any nature
whatsoevar In which such party of overy type whatsoever and all other facts rolatlng
to the subject matter of this Agreement.
16. ADDITIONAL INSTRUMENT.
Each of the parties shall on demand ellecute and deliver to the other any deeds,
bills of sale, assignment, consents to change of beneficiary on Insurance pollclos, tax
returns and other documents and do or caused to be done any other ect or thing that
7
mey be necessery or desirable to the provisions and purposes of this Agraement. If
either party falls on demand to comply with this provision, that party shall pay to the
other all attorneys' fees, costs and other expenses reasonably Incurred as a result of
such failure.
16. WIFE'S DEBTS.
Wife represents and warrants to Husband that since the parties' separation she
has not and In the future she will not contract or Incur any debt or liability for which
Husband or his estate might be responsible and shall Indemnify and save Husband
harmless from any end all claims or demands made against him by reason of debts or
obligations Incurred by her.
17. HUSBAND'S DEBTS.
Husband represents and warrants to Wife that since the parties' separation he
has not and In the future he will not contract or Incur any debt or liability for which
Wife or her estate might be responsible and shell Indemnify and save Wife harmless
from any and all claims or demands mada against her by reason of debts or obligations
Incurred by him.
18. WAIVERS OF CLAIMS AGAINST ESTATES.
EKcept as herein otherwlso provided, each party may dispose of his or her
proparty In any way, and each party hereby wolves and relinquishes any and 011 rights
he or sha may now have or hereafter acquire, under the present or future lows of any
8
Jurisdiction, to share In the proporw or the estate of tho othor as a result of tho marital
relationship, including without limitation, dowor, curtsy, statutory allowanca, widow's
allowance, right to take In Intestacy, right to take against the Will of the other, and
right to act as administrator or executor of tho other's estate, and each will, to tho
request of the other, exocute, acknowledge,and deliver any and all Instruments which
may be necessary or advisable to carry Into effoct this mutual waiver and
relinquishment of all such Interests, rights and claims.
19. REPRESENTATION.
It Is recognized by the partlas horeto that John P. MIlliron Is represented by
John J. Connelly, Jr., Esqulro and Tanya L. Milliron Is represented by Samuel L.
Andes, Esquire. It Is fully understood and agreed that by the signing of this
Agreement, each party understands the legal Impact of this Agreemont and further
acknowlodges that the Agreement Is fair and reasonable and each party Intends to ba
legally bound by the terms hereof.
20. VOLUNTARY EXECUTION.
The provisions of this Agroemont are fully understood by both parties and each
party acknowledges that this Agreement Is fair and equitable, that It Is being antered
Into voluntarily and that It Is not the result of any duress or undue Influence.
21. ,ENTIRE AGREEMOO.
This Agrooment contains the entire undarstandlng of tho parties and there are
9
no representations, warranties, covenants or undertakings othar than those elCprassly
set forth heraln.
22. PRIOR AGREEMENT.
It Is understood and agreed that eny and all property settlement agreements
which mayor have been executed prior to the date and time of this Agreement are
null and void and of no effect.
23, MODIFICATION AND WAIVER.
Any modification or waiver of any provision of this Agreement shall be effectlva
only If mada In writing and executed with the same formality as this Agreement. The
failure of either party to Insist upon strict performance of any of the provisions of this
Agreement shell not be construed es a waiver of any subsequent default of the same
or similar natura.
24. GOVERNING LAW.
This Agreement shall be governed by and shall be construed In accordance with
the laws of the Commonwealth of Pennsylvania.
25. INDEPENDENT SEPARATE COVENANTS.
It Is specifically understood and agraed by and between the partlas herato that
each paragraph hereof shall be deemed to be a separate and Independant covanant
end egreament.
10
3. The Alternata Payea and reclplont of the aforementlollad portion of the
401 (kl Plan Is Tenya L. MIlliron of 63 Warwick Circle, Mechanlcsburg, Pennsylvania
17055; and Social Socurlty Number 15 202-50.1094.
4. Tho Alternate Payee, Tanya L. Milliron, has on IRA Plan maintained In her
noma at Smith Barney, Inc., Ilccount number 724-64730.16-514.
5. Upon receipt of this executed Qualified Domestic Relations Order, the
sum of Forty One Thousand Eight Hundred Fifty-Seven end 30/100 Dollars
($41,857.301, plus the interest accrued on such amount from December 27,1996,
to the date of trensfer, will be made from the 401(k) Plan of John P. Milliron, as
Primary Payee, to the IRA plan account of Tanya L. Milliron at Smith Barney, Inc. es
Alternate Payee, in accordance with the provisions of Paragraph 9 of the Property
Settlement Agreement datod December 9, 1996.
IT IS INTENDED that this Order sholl qualify os 0 Qualified Domestic Relations
Order under the Retirement Equity Act of 1984 or any amendment thereto. The Court
retains Jurisdiction to amend this Order os might be necessary to establish or maintain
Its status os a Qualified Domestic Relations Order pursuant to Section 414(p) of the
Internal Revenue Code, Section 206(d) of the Employee Retirement Income Security
Act of 1974, the Retirement Equity Act of 1984, and 011 amendments thereto.
ACCEPTANCE BV 4011K) PLAN ADMINISTRATOR
Tha undersigned, John P. Milliron, Administrator of the John P. Milliron
Associates Balary Savings Plan hereby accepts notice of tho foregoing Court Order
and agrees to notify the Alliance and Banofit Group, 830 Sir Thomes Court,
Harrisburg, Pennsylvania, 17109 to make distribution from the seld 401lKl Plan In
accordence with the torms of this Qualified Domestic Relations Order.
I~ (J/' ,
~ .) /
~C'" . ()/fl '-
John P. Milliron,
Administrator, John P. Milliron
Associates Salary Sevings Plan
JOliN I'. MILLIRON.
I'lointltl'
: IN TIlE COlmT OF COMMON I'LEAS OF
: CIlMIlElU.ANI> ('()11NTy,I'ENNSYLVANIA
: NO. 1/5 - (1\411
v.
TANY A L. MILLIRON,
I>el'cndont
: CIVIL ACTION - LAW
: IN DIVOIU'I~
t\..'FIl)AVI1' ()I<" INTI~Nl'ION TO ImSlJI\tE l'IUOIt SUltNAME
COMMONWEALTII OF I'ENNSYLVANIA
COUNTY OF llAlJl'llIN
TANY A L. MILLIRON. hcing duly sworn accordlnll to low, dcposes ond says
that she Is the I>cl'cndantln the ahovc-captioncd dlvorcc action In which a Iinol Decrce from the
bonds of matrimony was cntcrcd und shc hcrchy elccts to rcsumc hcr prior surname of TANY A
L. NICHOLAS and. therclinc. givcs this wrillcn noticc avowing said intcntion. in accordancc
with 11704 of the Act of Novcmbcr 15. 1972,I'.L. 1Il6J, 54I'a,C.S.A. 704.
(:,-~j:llLr1(\. i' niJlJLI f'\'-.-'
TAN V A MILURON
Tollc Known As:
~ i'}~ 0 )
.<' fL.,.. L~
l'ANV A "NICIIOLA'
sworu and subscribcd bcfore mc
this ~day of Januory, 11/98.
,l; <) \(fL~
.
Notory I'uhlic
My commission cxpircs:
NOT AntAl. St Al
B!~UCE 0 FOAlMAN. NOIAf)' Puhllc
CI!y oI118U1llJurUh. lJiluphm CUUlltV'
M (.llrnllllUlOtI r.. )(101 ~'IJ.l1 ~~, WOll
\J
\~"'\l
)J '-'~.....
<'..J
~ ~
\.!"--
'-.3
\3'
<:l
"'-&
i';: UI (':
.,j" ,,'.
1_"
lU!)
,..
rC; . .
..~
~)[ -''''I
)' u')
!:':.J' ,
U;:\' - .1'1
(. .
-j : .~(L
to, m ,
0 -./
0' 0
~
~
~
'<,
~~
-
.