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FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ST.LAWRENCE
PAULA JEAN MILLER, JUDGMENT OF
DIVORCE
Plaintiff,
Index No. 129532
IAS No. 44-1-2009-0117
-against-
TREG A. MILLER,
Defendant.
The Plaintiff having brought this action for a judgment of absolute divorce by reason
of the cruel and inhuman treatment of the Plaintiff by the Defendant, and the Summons
Divorce"
bearing the notation "Action for and a statement of any ancillary relief demanded
having been duly served upon the Defendant personally within this State, as can be seen by
the Affidavit of Service filed herein; and the Petitioner having appeared with her attorneys,
Case & Leader LLP, Henry J. Leader, Esq. of counsel; and the Defendant having appeared
with his counsel, Gerald J. Ducharme, Esq.; and thereafter the parties having entered into an
oral Stipulation of Settlement on the 14th day of February, 2011, in accordance therewith, by
which the Defendant agreed to withdraw his Answer and thereby allow the Plaintiff to
proceed, forthwith, to secure a divorce, with the understanding that the terms and conditions
of said oral Stipulation of Settlement would be incorporated, but not merged, into the final
decree of divorce; and this Court having made and filed its Decision as stated in the Findings
of Fact and Conclusions of Law, deciding, among other things, that the Plaintiff is entitled to
CASE & LEADER LLP
AmRNE S AT AW
a Judgment againSt the Defendant dissolving the marriage existing between the parties hereto
P.O. BOX 13
GOUVERNEUR, purSnant to Statute;
NEWYORK 13642-0013
(315) 287-2000
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
NOW, on Motion of Case & Leader LLP, Henry J. Leader, Esq., of counsel, attorneys
for Plaintiff, itis
ORDERED AND ADJUDGED that the marriage between PAULA JEAN MILLER,
Plaintiff, and TREG A. MILLER, Defendant, is dissolved pursuant to grounds set forth at
Domestic Relations Law §170(1); and itis further
ORDERED AND ADJUDGED that the oral Stipulation of Settlement entered into
between the parties on the 14th day of February, 2011, a copy of which is attached hereto and
incorporated in this Judgment by reference, shall survive and not be merged in this Judgment,
and the parties hereby are directed to comply with every legally enforceable term and
provision of such agreement; and itis further
parties'
ORDERED AND ADJUDGED that pursuant to the Stipulation of Settlement
the Plaintiff and Defendant waive any and all claim which they now have, or may have in the
future, to maintenance from the other party; and itis further
parties'
ORDERED AND ADJUDGED that pursuant to the Stipulation of Settlement
each party shall be responsible for their respective attorney's fees; and itis further
parties'
ORDERED AND ADJUDGED that pursuant to the Stipulation of
Settlement, the Plaintiff shall be entitled to the items listed on the attached Schedule "A",
which items are located at the marital residence. Both parties shall be entitled to retain
exclusive ownership of the additional personal property in their respective possessions; and it
is further
2ASE & LEADER LLP parties'
ORDERED AND AD.HJDGED that pursuant to the Stipulation of
ATTORNEYSAT LAW
107 0X"!"E"
Settlement, the Defendant shall have sole possession of the marital residence located at 8006
EASO
GOUVERNEUR,
NEWYORK 13642-0013
(315) 287-2000
2
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
Washington Street, Harrisville, New York, and shall be solely responsible for any
indebtedness on same, including the outstanding indebtedness to Key Bank in the
approximate amount of $9,100.00. That the Defendant shall pay to the Plaintiff the amount of
$15,000.00 for her equity in the marital home and shall refinance the current mortgage
through Key Bank to remove Plaintiff's name from the indebtedness; and itis further
parties'
ORDERED AND ADJUDGED that pursuant to the Stipulation of Settlement
the Plaintiff is entitled to a pension/401K through her employment with E.J. Noble Hospital
and Defendant is entitled to a pension/401K through IBEW. Both parties waive any interest
they now have, or may have in the future, in any retirement, thrift savings plan, deferred
compensation, 401K and/or pension account of the other party; and itis further
parties'
ORDERED AND ADJUDGED that pursuant to the Stipulation of Settlement
each party shall be responsible for all debts in his or her respective name and shall indemnify
and hold the other party harmless for same; and itis further
parties'
ORDERED AND ADJUDGED that pursuant to the Stipulation of Settlement
each party shall retain any fmancial accounts, including checking and savings accounts, in
their respective names; and itis further
parties'
ORDERED AND ADJUDGED that pursuant to the Stipulation of
Settlement, they shall cooperate in exchanging all necessary paperwork as and for the transfer
of articles such as motor vehicles, the marital home, and any other items; and itis further
ORDERED AND that each resume the use of his or her pre-
ADJUDGED, party may
2ASE & LEADER LLP
marriage surname or any other former surname; and itis further
ATTORNEYSAT LAW
07 EASTMAINSTREET
P.O. BOX 13
GOUVERNEUR,
4EWYORK 13642-0013
(315) 287-2000
3
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
ORDERED AND ADJUDGED, that the Plaintiff shall serve by regular first-class
mail, a certified copy of the Judgment o Divorce on the Defendant's attorney.
DATED this )) day of . , 2011, in Canton, New Yor
.
H orable Kathleen Rog
Acti g Supreme Court Justi e
ENTERED in the Office of the St. Lawrence County Clerk on the of
24v2011.
Pttrsuantto Section 9:105 of the New Yo&
Civil Practice Law and Rules, I hereby
certi:fythat I have edmpered thekregoing
copy VM S.e ciáxd :nd the sozne is a
torney at Law
"ASE & LEADER LLP
ATTORNEYSAT LAW
107 EAST MAINSTREET
P.O. BOX 13
GOUVERNEUR,
NEWYORK 13642-0013
(315)287-2000
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
SCHEDULE A
Paula Jean Miller v. Treg A. Miller
1. 1986 Brown Corvette
2. Dining room set
3. Honda generator
4. Chest freezer
5. Rototiller
6. John Deere riding mower
7. Small television in be r
r . Handmade quilt (wedding present),
c9 Faintasia serving¯pi
10. Lamp from the 1ving room which was a gift from her mother.
11. Jewelry (including 3 watches-1 a gift,1 a scarab and 1 silver).
1thith a white rose painted on the cover which was a giftfrom Mrs.
Miller2s-fath
liÉand em_Lbroidered table cloth which was a gift from her parents.
14. Copper fondue pot which was a gift from her mother.
15. Tortoise shell oval picture frame which was a gift from her great grandfather. It
contains a Charlie Chaplin print, but Mrs. Miller just wants the frame.
16. Gold frame from the Dean Richards nude print in it(just the frame).
17. Pink glass bowl which was a wedding present.
18. Ceramic teapot with flowers painted on it,still in the box, which was a giftfrom her
grandmother.
19. Large cut glass vase.
20. Maple cutting board which was a present from family.
21. Set of Henckle knives which was a gift from her mother
8*
22. Tin recipe box from grade home economics class.
23. Tan plaid wool throw afghan.
24. Brass cat and koi fish lantern sculptures.
25. Toddler rocker with the purple flowers and white background (belongs to family).
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
February 9, 2011
Gerald J. Duchahne, Esq.
Conboy, McKay, Bachman & kendall
2 Judson Street
Canton, New York 13617
Re: Paula Jean Miller v. Treg A. Miller
Index No. 129532
Déar Gerry:
To settle this matter, our client will accept the following:
Paula Miller Treg Miller
Divorce .(Mr. Miller would withdraw his Answer) House
e house. .1986 own Corvette
1986 Sed 1972 Camaro
Dining room se Blue generator
Honda generator Air Compressor
His power tools
Rototiller Polaris 800 Sportsman ATV
John Deere riding mower Television in living room
Small television in bedroom Dean Richards Prints (wedding present)
Handmade quilt (wedding present) she8ife
Air conditioner
Pellet Stove
The parties would exchange titles for the vehicles, with our client getting the title to the
Mariner and Mr. Miller getting the titleto the Ford F-350.
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
Gerald J. Ducharme, Esq.
February 9, 2011
Page Two
Additionally she would like the following personal items of separate property acquired
prior to the marriage that she hasn't yet received:
Fantasia serving pieces.
2. Lamp from the living room which was a gift from her mother.
3. 3 watches - 1 a 1 a scarab and 1 silver).
Jewelry (including gift,
Antique box with a white rose painted on the cover which was a giftfrom
Mrs. Miller's father.
‰and embroidered table cloth which was a gift from her parents.
6. Copper fondue pot which was a gift from her mother. .
7. Tortoise shell oval picture frame which was a gift from her great
grandfather. It contains a Charlie Chaplin print, but Mrs. Miller just wants
the frame.
8. Gold frame from the Dean Richards nude print in it(just the frame).
9. Pink glass bowl which was a wedding present.
10. Ceramic teapot with flowers painted on it,still in the box, which was a gift
from her grandmother.
11. Large cut glass vase.
12. Maple cutting board which was a present from family.
13. Set of Henckle knives which was a gift from her mother.
8*
14. Tin recipe box from grade home economics class.
15. Tan plaid wool throw afghan.
16. Brass qat and koi fish lantern sculptures.
17. Toddler rocker with the purple flowers and white background (belongs to
family).
We look forward to hearing from you. Thank you.
Very truly yours,
CASE & LEADER, LLP
Henry J. Leader, Esq.
HJL/jlm
cc: Paula Jean Miller
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
S T A T E O F N E W Y O R K
SUPREME COURT COUNTY OF ST. LAWRENCE
- - - - - - - - - _ - - - - - - - - - - -
Index#129532
PAULA JEAN MILLER,
Plaintiff,
VS.
TREG A. MILLER,
Defendant.
_ _ _ _ - - - - _ - _ _ - - _ _ _ - - _ - -
Courthouse
Canton, New York 13 617
February 14, 2011
B E F O R E: HONORABLE KATHLEEN ROGERS
Acting Supreme Court Justice
APPEARANCES:
For the Plaintiff: CASE & LEADER LLP
BY: Henry J. Leader
107 E. Main Street
Gouverneur, NY 13642
Paula Jean Miller
For the Defendant: CONBOY MCKAY BACHMAN & KENDALL
BY: Gerald J. Ducharme
2 Judson Street
Canton, NY 13617
Treg A. Miller
Reported By:
Rose E. Gardner, CSR
Official Supreme Court Reporter
48 Court Street
Canton, New York 13617
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
2
1 THE COURT: All right, this is the matter
2 of the Miller's divorce; and the parties have
3 been consulting all morning. We will be able
4 to place a settlement on the record. Then I
5 will be asking the parties if they are in
6 agreement with this; and so I would like to
7 hear the settlement, and I would like them to
8 listen closely.
9 MR. LEADER: Your Honor, if I may, in the
10 correspondence between Mr. Ducharme and myself,
11 some of it involved, it is a list of personal
12 property; and I would offer that as Exhibit A
13 make it easier.
14 THE COURT: Okay.
15 (PLAINTIFF'S EXHIBIT A MARKED FOR IDENTIFICATION.)
16 MR. LEADER: May it please the Court, the
17 parties are in agreement on the settlement in
18 the above-captioned matter. It would be a
19 divorce taken by Paula Miller on the grounds of
20 cruel and inhuman treatment, and there will be
21 findings of fact that will be submitted to
22 Mr. Ducharme for his review and approval.
23 The parties have no children, and so there
24 is no issue of custody or child support.
25 The remaining issues of equitable
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
. . . 3
1 distribution are that each party will be
2 responsible and is self-sustaining, and that
3 neither party will pay to the other any spousal
4 maintenance.
5 Both parties will be responsible for their
6 own attorney's fees.
7 The parties acknowledge that there is
8 several items of personal property still at the
9 marital residence and that that property was
10 under the control of Treg Miller. The property
11 and the house at 8006 Washington Street in
12 Harrisville, New Y.ork, will remain Treg
13 Miller's, with the exception of the list of
14 property which has been marked as Plaintiff's
15 Exhibit A, which is correspondence dated
16 February 9, 2011, from myself to Attorney
17 Ducharme. Those items will be turned over to
18 Mrs. Miller forthwith, and in that regard
19 Mr. Ducharme and I will facilitate the turnover
20 of those items. It will be anticipated that we
21 will be present with our clients when that
22 occurs.
23 With regard to the actual ownership and
24 possession of the marital home, that will be
25 with Treg Miller; and in consideration for
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
4
1 complete ownership of that home, he will pay to
2 Mrs. Paula Miller the sum of $15, 000 and he
3 will refinance the current mortgage through Key
4 Bank to remove her name. The mortgage has a
5 balance of approximately 9,100 at this time.
6 He will be responsible for all taxes that are
7 to be paid on the property; all other expenses
8 of upkeep, maintenance; and, of course, the
9 mortgage payment.
10 The parties also have a pension, each from
11 their employment; my client having a 401K
12 through E.J. Noble Hospital; and I believe,
13 (correct me, Mr. Ducharme), Mr. Miller's
14 pension is IEW.
15 MR. DUCHARME: IBEW.
16 MR. LEADER: IBEW pension plan. They will
17 both retain sole ownership of those pensions
18 and both waive any and all interest in the
19 other's pension.
20 Both will retain any and all accounts and
21 indebtedness in their names, and the parties
22 further agree to cooperate in exchanging all
23 necessary paperwork as and for the transfer of
24 articles such as motor vehicles and the house,
25 as well as any other items.
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
5
1 I believe, if I accurately stated this,
2 that this is the settlement which the parties
3 agree to be bound.
4 MR. DUCHARME: Your Honor, I believe
5 that's a correct statement of the settlement;
6 and my understanding is that the personal
7 property retrievable by Mrs. Miller will be
8 conducted by her arranging to have a mover come
9 to the house on Washington Street to pick up
10 her personal property items at a prearranged
11 time with Mr. Miller. Mrs. Miller can be
12 present for that retrieval, but that she will
13 not be going through the house to be picking up
14 any other items. If Mr. Miller claims that he
15 cannot find any of the items that are on the
16 list on Exhibit A, Mrs. Miller would be
17 agreeable that she could go through to see if
18 she can locate the items, just these items; and
19 I already indicated to Mr. Leader that
20 Mr. Miller has indicated that the jewelry has
21 already been turned over to her.
22 MR. LEADER: But we also understand,
23 because that issue is being contested, that he
24 will continue to look for the jewelry.
25 MR. DUCHARME: Mrs. Miller has raised
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
1 Ehree items of jewelry, apparently, as I
2 understand the letter. Mr. Miller indicated he
3 would look to see if those items are at the
4 house; but, as far as he knows, the items have
5 been turned over.
6 THE COURT: Okay; and that other than
7 that, everything you're in agreement with?
8 MR. DUCHARME: Yes, Your Honor.
9 THE COURT: And there was no answer
10 served?
11 MR. DUCHARME: There was an answer served
12 on Mr. Miller's behalf. I will withdraw the
13 answer.
14 THE COURT: Subject to your --
15 MR. DUCHARME: Subject to my approval of
16 the findings.
17 THE COURT: Okay; and this divorce was
18 started quite sometime ago. So, I need to be
19 sure to tell both parties that upon a divorce
20 you may no longer be allowed to receive health
21 coverage under a former spouse's health
22 insurance plan and may be entitled to purchase
23 health insurance on your own through a Cobra
24 option, if available. Otherwise, you may be
25 required to secure your own health insurance.
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
7
1 I also will need to have you sign what's
2 called an "Affidavit of Appearance and Adoption
3 of an Oral Stipulation." That is signed when
4 we put something on the record, and it means
5 you were present and were part of this
6 stipulation. So, you may remain seated; but,
7 Mrs. Miller, you heard the stipulation that was
8 placed on the record by the attorneys. Is that
9 correct?
10 MRS. MILLER: Yes, I did, Your Honor.
11 THE COURT: Was it correctly stated?
12 MRS. MILLER: Yes, it was.
13 THE COURT: Was this what you discussed
14 with your attorney before coming in the
15 courtroom today to make the agreement?
16 MRS. MILLER: Yes, it was.
17 THE COURT: Has anyone forced you to do
18 this, or is this agreement acceptable to you?
19 Divorce forces you to do things you don't want
20 to do. Is this, however, something you are
21 doing voluntarily; or is it something you are
22 doing under duress?
23 MRS. MILLER: It is the best I can expect,
24 Your Honor.
25 THE COURT: If that's your decision and
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
8
1 you have made it after talking to the attorney,
... . 2 I can a-gree with--you, Bugr-j-ust-fer -t-he
3 record, after all these considerations and
4 determining that it is the best that you can
5 expect, from your perspective is this therefore
6 voluntary on your part?
7 MRS. MILLER: It is voluntary.
8 THE COURT: Thank you. Mr. Miller, you
9 heard the agreement placed on the record; is
10 that correct?
11 MR. MILLER: Yes, I did, Your Honor.
12 THE COURT: Did you speak to your attorney
13 before coming in the courtroom to make this
14 agreement?
15 MR. MILLER: Yes, I did.
16 THE COURT: Was it correctly stated?
17 MR. MILLER: Yes, it was.
18 THE COURT: Is anyone forcing you to do
19 this, or is it voluntary on your part?
20 MR. MILLER: It is voluntary.
21 THE COURT: Then the Court will accept
22 this and ask that these terms be, these two
23 documents be signed and submitted with the
24 papers.
25 When it comes to finding things around the
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022
9
1 house, let me tell you my story. Women know
2 where things are. Women are the keeper of the
3 stuff; and the husband and children come to you
4 and "Where did you put that?" If you h
Preview
FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ST.LAWRENCE PAULA JEAN MILLER, JUDGMENT OF DIVORCE Plaintiff, Index No. 129532 IAS No. 44-1-2009-0117 -against- TREG A. MILLER, Defendant. The Plaintiff having brought this action for a judgment of absolute divorce by reason of the cruel and inhuman treatment of the Plaintiff by the Defendant, and the Summons Divorce" bearing the notation "Action for and a statement of any ancillary relief demanded having been duly served upon the Defendant personally within this State, as can be seen by the Affidavit of Service filed herein; and the Petitioner having appeared with her attorneys, Case & Leader LLP, Henry J. Leader, Esq. of counsel; and the Defendant having appeared with his counsel, Gerald J. Ducharme, Esq.; and thereafter the parties having entered into an oral Stipulation of Settlement on the 14th day of February, 2011, in accordance therewith, by which the Defendant agreed to withdraw his Answer and thereby allow the Plaintiff to proceed, forthwith, to secure a divorce, with the understanding that the terms and conditions of said oral Stipulation of Settlement would be incorporated, but not merged, into the final decree of divorce; and this Court having made and filed its Decision as stated in the Findings of Fact and Conclusions of Law, deciding, among other things, that the Plaintiff is entitled to CASE & LEADER LLP AmRNE S AT AW a Judgment againSt the Defendant dissolving the marriage existing between the parties hereto P.O. BOX 13 GOUVERNEUR, purSnant to Statute; NEWYORK 13642-0013 (315) 287-2000 FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 NOW, on Motion of Case & Leader LLP, Henry J. Leader, Esq., of counsel, attorneys for Plaintiff, itis ORDERED AND ADJUDGED that the marriage between PAULA JEAN MILLER, Plaintiff, and TREG A. MILLER, Defendant, is dissolved pursuant to grounds set forth at Domestic Relations Law §170(1); and itis further ORDERED AND ADJUDGED that the oral Stipulation of Settlement entered into between the parties on the 14th day of February, 2011, a copy of which is attached hereto and incorporated in this Judgment by reference, shall survive and not be merged in this Judgment, and the parties hereby are directed to comply with every legally enforceable term and provision of such agreement; and itis further parties' ORDERED AND ADJUDGED that pursuant to the Stipulation of Settlement the Plaintiff and Defendant waive any and all claim which they now have, or may have in the future, to maintenance from the other party; and itis further parties' ORDERED AND ADJUDGED that pursuant to the Stipulation of Settlement each party shall be responsible for their respective attorney's fees; and itis further parties' ORDERED AND ADJUDGED that pursuant to the Stipulation of Settlement, the Plaintiff shall be entitled to the items listed on the attached Schedule "A", which items are located at the marital residence. Both parties shall be entitled to retain exclusive ownership of the additional personal property in their respective possessions; and it is further 2ASE & LEADER LLP parties' ORDERED AND AD.HJDGED that pursuant to the Stipulation of ATTORNEYSAT LAW 107 0X"!"E" Settlement, the Defendant shall have sole possession of the marital residence located at 8006 EASO GOUVERNEUR, NEWYORK 13642-0013 (315) 287-2000 2 FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 Washington Street, Harrisville, New York, and shall be solely responsible for any indebtedness on same, including the outstanding indebtedness to Key Bank in the approximate amount of $9,100.00. That the Defendant shall pay to the Plaintiff the amount of $15,000.00 for her equity in the marital home and shall refinance the current mortgage through Key Bank to remove Plaintiff's name from the indebtedness; and itis further parties' ORDERED AND ADJUDGED that pursuant to the Stipulation of Settlement the Plaintiff is entitled to a pension/401K through her employment with E.J. Noble Hospital and Defendant is entitled to a pension/401K through IBEW. Both parties waive any interest they now have, or may have in the future, in any retirement, thrift savings plan, deferred compensation, 401K and/or pension account of the other party; and itis further parties' ORDERED AND ADJUDGED that pursuant to the Stipulation of Settlement each party shall be responsible for all debts in his or her respective name and shall indemnify and hold the other party harmless for same; and itis further parties' ORDERED AND ADJUDGED that pursuant to the Stipulation of Settlement each party shall retain any fmancial accounts, including checking and savings accounts, in their respective names; and itis further parties' ORDERED AND ADJUDGED that pursuant to the Stipulation of Settlement, they shall cooperate in exchanging all necessary paperwork as and for the transfer of articles such as motor vehicles, the marital home, and any other items; and itis further ORDERED AND that each resume the use of his or her pre- ADJUDGED, party may 2ASE & LEADER LLP marriage surname or any other former surname; and itis further ATTORNEYSAT LAW 07 EASTMAINSTREET P.O. BOX 13 GOUVERNEUR, 4EWYORK 13642-0013 (315) 287-2000 3 FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 ORDERED AND ADJUDGED, that the Plaintiff shall serve by regular first-class mail, a certified copy of the Judgment o Divorce on the Defendant's attorney. DATED this )) day of . , 2011, in Canton, New Yor . H orable Kathleen Rog Acti g Supreme Court Justi e ENTERED in the Office of the St. Lawrence County Clerk on the of 24v2011. Pttrsuantto Section 9:105 of the New Yo& Civil Practice Law and Rules, I hereby certi:fythat I have edmpered thekregoing copy VM S.e ciáxd :nd the sozne is a torney at Law "ASE & LEADER LLP ATTORNEYSAT LAW 107 EAST MAINSTREET P.O. BOX 13 GOUVERNEUR, NEWYORK 13642-0013 (315)287-2000 FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 SCHEDULE A Paula Jean Miller v. Treg A. Miller 1. 1986 Brown Corvette 2. Dining room set 3. Honda generator 4. Chest freezer 5. Rototiller 6. John Deere riding mower 7. Small television in be r r . Handmade quilt (wedding present), c9 Faintasia serving¯pi 10. Lamp from the 1ving room which was a gift from her mother. 11. Jewelry (including 3 watches-1 a gift,1 a scarab and 1 silver). 1thith a white rose painted on the cover which was a giftfrom Mrs. Miller2s-fath liÉand em_Lbroidered table cloth which was a gift from her parents. 14. Copper fondue pot which was a gift from her mother. 15. Tortoise shell oval picture frame which was a gift from her great grandfather. It contains a Charlie Chaplin print, but Mrs. Miller just wants the frame. 16. Gold frame from the Dean Richards nude print in it(just the frame). 17. Pink glass bowl which was a wedding present. 18. Ceramic teapot with flowers painted on it,still in the box, which was a giftfrom her grandmother. 19. Large cut glass vase. 20. Maple cutting board which was a present from family. 21. Set of Henckle knives which was a gift from her mother 8* 22. Tin recipe box from grade home economics class. 23. Tan plaid wool throw afghan. 24. Brass cat and koi fish lantern sculptures. 25. Toddler rocker with the purple flowers and white background (belongs to family). FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 February 9, 2011 Gerald J. Duchahne, Esq. Conboy, McKay, Bachman & kendall 2 Judson Street Canton, New York 13617 Re: Paula Jean Miller v. Treg A. Miller Index No. 129532 Déar Gerry: To settle this matter, our client will accept the following: Paula Miller Treg Miller Divorce .(Mr. Miller would withdraw his Answer) House e house. .1986 own Corvette 1986 Sed 1972 Camaro Dining room se Blue generator Honda generator Air Compressor His power tools Rototiller Polaris 800 Sportsman ATV John Deere riding mower Television in living room Small television in bedroom Dean Richards Prints (wedding present) Handmade quilt (wedding present) she8ife Air conditioner Pellet Stove The parties would exchange titles for the vehicles, with our client getting the title to the Mariner and Mr. Miller getting the titleto the Ford F-350. FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 Gerald J. Ducharme, Esq. February 9, 2011 Page Two Additionally she would like the following personal items of separate property acquired prior to the marriage that she hasn't yet received: Fantasia serving pieces. 2. Lamp from the living room which was a gift from her mother. 3. 3 watches - 1 a 1 a scarab and 1 silver). Jewelry (including gift, Antique box with a white rose painted on the cover which was a giftfrom Mrs. Miller's father. ‰and embroidered table cloth which was a gift from her parents. 6. Copper fondue pot which was a gift from her mother. . 7. Tortoise shell oval picture frame which was a gift from her great grandfather. It contains a Charlie Chaplin print, but Mrs. Miller just wants the frame. 8. Gold frame from the Dean Richards nude print in it(just the frame). 9. Pink glass bowl which was a wedding present. 10. Ceramic teapot with flowers painted on it,still in the box, which was a gift from her grandmother. 11. Large cut glass vase. 12. Maple cutting board which was a present from family. 13. Set of Henckle knives which was a gift from her mother. 8* 14. Tin recipe box from grade home economics class. 15. Tan plaid wool throw afghan. 16. Brass qat and koi fish lantern sculptures. 17. Toddler rocker with the purple flowers and white background (belongs to family). We look forward to hearing from you. Thank you. Very truly yours, CASE & LEADER, LLP Henry J. Leader, Esq. HJL/jlm cc: Paula Jean Miller FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 S T A T E O F N E W Y O R K SUPREME COURT COUNTY OF ST. LAWRENCE - - - - - - - - - _ - - - - - - - - - - - Index#129532 PAULA JEAN MILLER, Plaintiff, VS. TREG A. MILLER, Defendant. _ _ _ _ - - - - _ - _ _ - - _ _ _ - - _ - - Courthouse Canton, New York 13 617 February 14, 2011 B E F O R E: HONORABLE KATHLEEN ROGERS Acting Supreme Court Justice APPEARANCES: For the Plaintiff: CASE & LEADER LLP BY: Henry J. Leader 107 E. Main Street Gouverneur, NY 13642 Paula Jean Miller For the Defendant: CONBOY MCKAY BACHMAN & KENDALL BY: Gerald J. Ducharme 2 Judson Street Canton, NY 13617 Treg A. Miller Reported By: Rose E. Gardner, CSR Official Supreme Court Reporter 48 Court Street Canton, New York 13617 FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 2 1 THE COURT: All right, this is the matter 2 of the Miller's divorce; and the parties have 3 been consulting all morning. We will be able 4 to place a settlement on the record. Then I 5 will be asking the parties if they are in 6 agreement with this; and so I would like to 7 hear the settlement, and I would like them to 8 listen closely. 9 MR. LEADER: Your Honor, if I may, in the 10 correspondence between Mr. Ducharme and myself, 11 some of it involved, it is a list of personal 12 property; and I would offer that as Exhibit A 13 make it easier. 14 THE COURT: Okay. 15 (PLAINTIFF'S EXHIBIT A MARKED FOR IDENTIFICATION.) 16 MR. LEADER: May it please the Court, the 17 parties are in agreement on the settlement in 18 the above-captioned matter. It would be a 19 divorce taken by Paula Miller on the grounds of 20 cruel and inhuman treatment, and there will be 21 findings of fact that will be submitted to 22 Mr. Ducharme for his review and approval. 23 The parties have no children, and so there 24 is no issue of custody or child support. 25 The remaining issues of equitable FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 . . . 3 1 distribution are that each party will be 2 responsible and is self-sustaining, and that 3 neither party will pay to the other any spousal 4 maintenance. 5 Both parties will be responsible for their 6 own attorney's fees. 7 The parties acknowledge that there is 8 several items of personal property still at the 9 marital residence and that that property was 10 under the control of Treg Miller. The property 11 and the house at 8006 Washington Street in 12 Harrisville, New Y.ork, will remain Treg 13 Miller's, with the exception of the list of 14 property which has been marked as Plaintiff's 15 Exhibit A, which is correspondence dated 16 February 9, 2011, from myself to Attorney 17 Ducharme. Those items will be turned over to 18 Mrs. Miller forthwith, and in that regard 19 Mr. Ducharme and I will facilitate the turnover 20 of those items. It will be anticipated that we 21 will be present with our clients when that 22 occurs. 23 With regard to the actual ownership and 24 possession of the marital home, that will be 25 with Treg Miller; and in consideration for FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 4 1 complete ownership of that home, he will pay to 2 Mrs. Paula Miller the sum of $15, 000 and he 3 will refinance the current mortgage through Key 4 Bank to remove her name. The mortgage has a 5 balance of approximately 9,100 at this time. 6 He will be responsible for all taxes that are 7 to be paid on the property; all other expenses 8 of upkeep, maintenance; and, of course, the 9 mortgage payment. 10 The parties also have a pension, each from 11 their employment; my client having a 401K 12 through E.J. Noble Hospital; and I believe, 13 (correct me, Mr. Ducharme), Mr. Miller's 14 pension is IEW. 15 MR. DUCHARME: IBEW. 16 MR. LEADER: IBEW pension plan. They will 17 both retain sole ownership of those pensions 18 and both waive any and all interest in the 19 other's pension. 20 Both will retain any and all accounts and 21 indebtedness in their names, and the parties 22 further agree to cooperate in exchanging all 23 necessary paperwork as and for the transfer of 24 articles such as motor vehicles and the house, 25 as well as any other items. FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 5 1 I believe, if I accurately stated this, 2 that this is the settlement which the parties 3 agree to be bound. 4 MR. DUCHARME: Your Honor, I believe 5 that's a correct statement of the settlement; 6 and my understanding is that the personal 7 property retrievable by Mrs. Miller will be 8 conducted by her arranging to have a mover come 9 to the house on Washington Street to pick up 10 her personal property items at a prearranged 11 time with Mr. Miller. Mrs. Miller can be 12 present for that retrieval, but that she will 13 not be going through the house to be picking up 14 any other items. If Mr. Miller claims that he 15 cannot find any of the items that are on the 16 list on Exhibit A, Mrs. Miller would be 17 agreeable that she could go through to see if 18 she can locate the items, just these items; and 19 I already indicated to Mr. Leader that 20 Mr. Miller has indicated that the jewelry has 21 already been turned over to her. 22 MR. LEADER: But we also understand, 23 because that issue is being contested, that he 24 will continue to look for the jewelry. 25 MR. DUCHARME: Mrs. Miller has raised FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 1 Ehree items of jewelry, apparently, as I 2 understand the letter. Mr. Miller indicated he 3 would look to see if those items are at the 4 house; but, as far as he knows, the items have 5 been turned over. 6 THE COURT: Okay; and that other than 7 that, everything you're in agreement with? 8 MR. DUCHARME: Yes, Your Honor. 9 THE COURT: And there was no answer 10 served? 11 MR. DUCHARME: There was an answer served 12 on Mr. Miller's behalf. I will withdraw the 13 answer. 14 THE COURT: Subject to your -- 15 MR. DUCHARME: Subject to my approval of 16 the findings. 17 THE COURT: Okay; and this divorce was 18 started quite sometime ago. So, I need to be 19 sure to tell both parties that upon a divorce 20 you may no longer be allowed to receive health 21 coverage under a former spouse's health 22 insurance plan and may be entitled to purchase 23 health insurance on your own through a Cobra 24 option, if available. Otherwise, you may be 25 required to secure your own health insurance. FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 7 1 I also will need to have you sign what's 2 called an "Affidavit of Appearance and Adoption 3 of an Oral Stipulation." That is signed when 4 we put something on the record, and it means 5 you were present and were part of this 6 stipulation. So, you may remain seated; but, 7 Mrs. Miller, you heard the stipulation that was 8 placed on the record by the attorneys. Is that 9 correct? 10 MRS. MILLER: Yes, I did, Your Honor. 11 THE COURT: Was it correctly stated? 12 MRS. MILLER: Yes, it was. 13 THE COURT: Was this what you discussed 14 with your attorney before coming in the 15 courtroom today to make the agreement? 16 MRS. MILLER: Yes, it was. 17 THE COURT: Has anyone forced you to do 18 this, or is this agreement acceptable to you? 19 Divorce forces you to do things you don't want 20 to do. Is this, however, something you are 21 doing voluntarily; or is it something you are 22 doing under duress? 23 MRS. MILLER: It is the best I can expect, 24 Your Honor. 25 THE COURT: If that's your decision and FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 8 1 you have made it after talking to the attorney, ... . 2 I can a-gree with--you, Bugr-j-ust-fer -t-he 3 record, after all these considerations and 4 determining that it is the best that you can 5 expect, from your perspective is this therefore 6 voluntary on your part? 7 MRS. MILLER: It is voluntary. 8 THE COURT: Thank you. Mr. Miller, you 9 heard the agreement placed on the record; is 10 that correct? 11 MR. MILLER: Yes, I did, Your Honor. 12 THE COURT: Did you speak to your attorney 13 before coming in the courtroom to make this 14 agreement? 15 MR. MILLER: Yes, I did. 16 THE COURT: Was it correctly stated? 17 MR. MILLER: Yes, it was. 18 THE COURT: Is anyone forcing you to do 19 this, or is it voluntary on your part? 20 MR. MILLER: It is voluntary. 21 THE COURT: Then the Court will accept 22 this and ask that these terms be, these two 23 documents be signed and submitted with the 24 papers. 25 When it comes to finding things around the FILED: LEWIS COUNTY CLERK 06/15/2022 10:49 AM INDEX NO. EFCA2022-000174 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/15/2022 9 1 house, let me tell you my story. Women know 2 where things are. Women are the keeper of the 3 stuff; and the husband and children come to you 4 and "Where did you put that?" If you h