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Home My WebLink About96-01521 c~ .. ~ '<:j ....... , ~ ... \r, ......... ! \ ~ , ~ \. ~ , \ ! ! i / i f I i , I , ~ ~ (""-.. ------~~--~~~~,--~.~-~..~ . t IN THE COURT OF COMMON PLEAS ' * ~ * OF CUMBERLAND COUNTY . ~ . ;, t.r~~ .. rf("!; · .( STATE OF ,...~,'~r' PENNA. . .' ~ . * . *1 DENISE M. MELL, :il :\ Il. 96-1521 II) .. * l Plaintiff ~ *1 \".,..'1, i ~l :il ~ dONALO E. MELL, JR., .. * Defendant * 8 * ;i; I" " Ii 8 DEe R EEl N 18 : D I V 0 R C, E I: ~ ,^ A /'. J - ~'l..- Q-l . , ... AND NOW, .. .. '.v.V'Y~.. .. .. .. .. .. ''', 19.. &..f., it is ordered and l!I ! decreed that ............. .DENISE .M. .MELt.. . . . . . . . . . . . . . . . . . . . " plaintiff, 8 ~ i 8 and. .. .. .. .. ...... . ... .. . . RONALD. Eo. MEU.,. JR.. . . . . .. .. . . .. . " defendant, . ': " 8 8 are divorced from the bonds of matrimony. . 8 $ , The court retains jurisdiction of the following claims which have 1: 8 been raised of record in this action for which a final order has not yet 8 been entered; /: . I~ .. None..............................................)..................., i~ 8 / / I~ 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . ..)"' . . . . . . . . . . . . . . . . . . . . . , '. ~ " /'// I l~ ~ ny\T,he c/'JuA:/ 1: a '--4JW;~ ~ ^t1e'~7iwtU..u'~E'/':'~~j.f~~"''''~.J. :~ ~ ~'~~i. ..I:" >>&. W' i.O/ I ' / 7 Pruthonolary i ',' I,', , I:!. I ._~~_._~--~-~_..~_.. .~- --~_._------- ~- ~ ~ ~ ~ ~ ... .. (<<. ->>:. .~:. .>>:. -:.:. .>>;. .:.:. .:+;. .:.:. .:+:. .:.;. ':.:0 .:+;. .:.:. .:.:. .:.:- .:+:. .:.:. .:+:. .:.;. .:+;. .:.:- .:t;. .:+:. .:+:. .:.;. .:.:. .:+;. -. -...- ,.. . . ~ DENISI M. MELL, PlainUH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96 - 1521 CIVIL RONALD E. MELL, JR., Defendant IN DIVORCE ORDER OF COURT AND NOW, this \ J.t , 1997, fiv,U-J J day ot the parties and counsel having entered into an agreement and stipulation resolving the economic issues on May 1, 1997, the date set for a Master's hearing, the agreement and stipulation having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the attidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, E.-I r- _t,\i arold E. Sheel , P.J. cc: Richard L. Webber, Jr. Attorney for Plaintiff William C. Vohs Attorney for Defendant _ CA-f~ f'"-~R..( bJ~/tf'1. ,J,a'. y va. IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 15~1 civil DENISE M. MELL, PlaintiH RONALD E. MELL, JR., Defendant . . IN DIVORCE THE MASTER: Today is Thursday, May 1, 1997. This ia the date set tor a Master's hearing in the above captioned case. Present in the hearing room are the Plaintitt, Denise M. Mall, and her counsel Richard L. Webber, Jr., and the Defendant, Ronald E. Mell, Jr., and his counsel William C. Vohs. A divorce complaint was filed on March 19, 1996, raising grounds for divorce of irretrievable breakdown, indignities, and cruel and barbarous treatment. Counsel have advised that the parties are going to conclude the divorce under section 3301(c) of the Domestic Relations Code. The Defendant filed an affidavit of consent and a waiver of notice of I I I , i j i intention to request entry of divorce decree on August 7, 1996, and the Plaintiff filed similar documents on April 4, 1997. Economic claims raised in the action are equitabie distribution, alimony, and counsel fees and expenses. Mr. Webber wrote a latter to the Master, with a copy to attorney Vohs, on April 16, 1997, indicating that the Plaintiff was waiving her claim for alimony leaving the economic claims for resolution of equitable distribution and counsel fees. The Master has been advised that after negotiations --..........---- the parties have reached an agreement with respect to the outstanding claims. Counsel are going to place the agreement on the record in the presence of the parties. The agreement as stated on the the record will be considered the substantive agreement ot the parties and will not be subject to any changes or moditications except for correction ot typographical errors which may be made during the transcription. The parties and counsel are going to come back later this morning to review the draft of the agreement tor any typographical errors and make any correction ot typographical errors, and then affix their signatures to the agreement. The signing by the parties and counsel of the agreement is simply an aftirmation of the terms of settlement which have been stated on the record which constitute the agreement ot the parties as stated on the record. After the agreement has been affirmed by the parties by signature, the Master will prepare an order vacating his appointment and counsel can prepare and file a praecipe transmitting the record to'the Court requesting a final decree in divorce. Mr. Vohs. MR. VOHS: And now this 1st day of May 1997, Denise H. Hell, Plaintift and Ronald E. Hell, Jr., Defendant, in the divorce matter have now reached a full and final agreement to resolve the pending divorce and equitable distribution and any other claims that have been raised in this matter as follows: 1. Husband will pay the loan to his parents for wife'. vehicle in the amount of approximately $2,230.00. Husband shall indemnify and hold wite harmless from any liability thereon. 2. Wife will receiv~ a certain 5mm ritle and carpet cleaner that are currently in husband's possession. That exchange to take place when the parties' exchange custody later on May 1, 1997. 3. Within 30 days, at husband's election, husband will either deliver $1,000.00 payable to wite or allow wite to remove the parties' camper. It husband elects to deliver the camper, or have wite take the camper, then the parties will equally split the cost ot any change in registration. 4. The parties are joint owners ot two burial plots at Cumberland Valley Memorial Gardens and they agree that these plots will be used for the benefit of their two minor children, Shane and Cody. 5. Except tor the 5mm gun, carpet cleaner, and either $1,000.00 or the camper, each of the parties will retain all of the personal property that is presently in his or her possessions. 6. Wife hereby waives any right to alimony and each party will pay his or her own counsel fees. 7. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party h9reby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. . MR. YOHS: Ron, you heard the agreement we put on the record. Do you understand allot those terms? MR. MELL: Yes. MR. YOHS: You heard all of the terms ot that agreement? MR. MELL: MR. VOHS: Yes. Do you agree to the terms of that agreement? MR. MELL: Yes, I do. MR. YOHS: And you understand that this will be the final division ot your marital property? MR. MELL: Yes, I do. MR. WEBBER: Ms. Mell, were you present here whenever Mr. Vohs read the terms of the agreement that were reached? MS. MELL: Yes, I was. MR. WEBBER: Do you have any questions concerning the terms ot that agreement? MS. MELL: No. MR. WEBBER: Now, there was some discussion as to a scope with respect to the 5mm rifle. You are aware that there is no scope on that rifle according to your husband. Are you still willing to enter into this agreement under the terms that Mr. Vohs read in light of that fact? MS. MELL: Yes; because as far as the scope, I IN THI COURT or COMMON PLBAS rOR CUMBBaLAND COUNTY, PINNSYLVANIA DINISI M. MILL, I CIVIL ACTION - LA" PLAINTlrr/PBTITIONBa I I V. I NO. 96-1521 CIVIL TIRM I RONALD S. MILL, JR. I DIFBNDANT/RBSPONDINT I IN DIVORCB PBTITION FOR COUNSIL FIBS, ALIMONY PBNDINTI LITB, ALIMONY, AND MAINTBNANCB or INSURANCB AND Non comes the Plaintiff/Petitioner, Denise M. Mell, by her attol'ney, Richard L. Webber, Jr.. and files this Petition For Counsel Fees, Alimony Pendente Lite, Alimony and Maintenance of Insurance, averring the following: 1. The parties are as follows: (a) Plaintiff/Petitioner: Denise M. Mell 7073' Carlisle Pike, Lot 93 Carlisle, pennsylvania 17013. Date of birth: August 19, 1964 Social Security Number: 210-44-5762 (bl Defendant/Respondent: Ronald E. Mell, Jr. 397 Petersburg Road Carlisle, Pennsylvania 17013. Date of birth: August 23, 1959 Social Security Number: 192-50-2951 2. On or about March 19, 1996, plaintiff/Petitioner filed a Complaint in Divorce to the above-captioned number. 3. The Complaint sets forth numerous claims, including grounds for divorce pursuant to Sections 3301 (c), 3301 (d), 3301 (a) (2) , and 3301(a) (3) of the Pennsylvania Divorce Code and equitable distribution pursuant to Sections 3104 and 3502 (a) of the Divorce Code. COUNSBL rEBS, COSTS, AND BXPENSES 4. ~aragraphs 1 through 3 above are incorporated by reference herein as though set forth in full. S. Petitioner is without sufficient assets, property and funds to provide her with the necessary counsel fees, expenses, costs and appraisal and expert costs necessary for the proceedings involved. 6. Plaintiff/Petitioner has retained Richard L. Webber, Jr., Esquire to represent her in this litigation. The te~-ms of the representation require Plaintiff/Petitioner to pay counsel fees at a rate of $85.00 per hour for each attorney hour spent on her case. In addition, petitioner is obligated to 13. She cannot provide health insurance coverage for herself. 14. Defendant/Respondent is employed by Agway, Inc. and possesses more than a sufficient income and assets to pay Petitioner's counsel fees, expenses, costs, appraisal fees and expert witness costs, alimony pendente lite, alimony and health insurance coverage. 15. As a result of all of the above, Plaintiff/Petitioner is severely hampered in her ability to maintain herself and to pursue the divorce action and related claims. WHEREFORE, Plaintiff/Petitioner requests that this Honorable Court enter an Order requiring Defendant/Respondent to (1) pay directly to her counsel, Richard L. Webber, Jr., Esquire, such Counsel fees, expenses, costs and appraisal and expert costs as the court deems just and proper, (2) pay her alimony and alimony pendente lite, (3) provide her with health insurance coverage, and (4) grant to her any other appropriate relief. -7U d.~f;J J Richard L. Webber,~ Esquire 366 Green Spring Road P.O. Box 40 Newville, PA 17241 (717) 776-6566 Attorney for Plaintiff/Petitioner t j ~ C'" ........, , ~ - - -41 r6 0 vJ {f /l ~ - Itl' g (D ~ .2 @ 0- 1 <1> '" i( '!.J ~, . +t "1l .j (:' ~ ,i' j ~ C 0 ~ JI Ui -' ....c f:..~ ~ I () W 0 , 1._,., (7) -;:;; "7 - '.' j i -P c:::. .1 . . IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA DENISE M. IIELL, Plaintiff . . . . . . . CIVIL ACTION - LAW NO. 96-1899 CIVIL TERM V. ..,_... .... ) ;1 IN DIVORCE , , RONALD E. IIELL, JR., Defendant -~l , . ~q ':. ,f .' ,J il , -', , ) ,:T\ ", >~ ':1} -~ PRAECIPB 'l'O TRARSMIT RECORD To the prothonotary. ~ . Please transmit the record, together with the follow~ng~ information, to the Court for entry of a divorce decree. 1. Ground for divorce. irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint. Acceptance of Service by William C. vohs, Esquire, for Ronald B. Mall, Jr., on April 4, 1996 and filed with the Court on April 10, 1996. (A copy of the Acceptance of Service is attached as Exhibit "A"). 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divo~ce Code. by the Plaintiff--March 31, 1997; by the Defendant--August 5, 1996. 4. Related claims pending. None. Respectfully' submitted, Dated. ~11,\\q1 ~J}J\ ~~ William C. Vohs, Esquire Attorney ID No. 65208 11 W. Pomfret Street, Suite 2 Carlisle, PA 17013 (717) 249-5373 .~ . , .. IN TBB COURT OF C01(MON PLEAS VOR CUMBBRLAND COUNTY, PBNNSYLVANIA DINISI M. MILL, I CIVIL ACTION - LAW PLAINTIJ'F I I V. I NO. 96-1521 CIVIL TBRM RONALD B. MBLL, JR., I DBFBNDANT I IN DIVORCI AFFIDAVIT OF CONSBNT 1. A Complaint in Divorce under Section 3301 (cl of the Divorce Code was filed on March 19, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: .~ ,31 -17 - !Jv.fJ (jJj ern, (f}j () ()j DENISE M. MELL ~ O' >- (""; 1:_; t~ .. "l~ (""; :Ie . -~;, -'..~ f a.. ",';..1 f,', -"1' ; if; .. I '1:';'-:' l~1 "" ,'Z lW (- ~i ...J~ ...;:. \5 ~ :.J U . , IN TBB COURT OF COMMON PLIAS FOR COMBIRLAND COUNTY, PBNNSYLVANIA DINISB M. MBLL, I CIVIL ACTION - LA" PLAINTIFF I I V, I NO. 96-1!in CIVIL TlRM RONALD B. MBLL, JR., I DBFBNDANT I IN DIVORCB "AIVBR OF NOTICB or INTBNTION TO RIQUIST BNTRY OF A DIVORCI DICRBI UNDIR SICTION 3301(01 OF THB DIVORCI COOl 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree ~ill be sent to me immediately after it is filed with the prothonotary. I verify Lhat the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~. ~r -ql f\ J( llf('i'd J)) :-/',17 ;.L . Denise M. Mell, Plaintiff ~ o. '- co:. ; r ~ )...r ~\ ;,:- )-.: ~ ,~.. ~ a.. ::,:, c' ~;:..j & ~ - -- ,:r..) I "jiG 1}' C::: r;;: 0.. c>: ,;:.1.. LL r- :3 0 0'1 U . . '. . . ., ' DENISE M. MELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 96-1521 CIVIL TERM RONALD E. MELL, JR., Defendant IN DIVORCE AFFIDAVIT OF CONSIBT 1. A complaint in divorce under section 3301(cl of the Divorce Code was filed on March 19, 1996. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and more than ninety (901 days have elapsed from the date of the filing of the Complaint in Divorce. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that the costs of these proceedings will be paid for by Plaintiff. 6. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C. S. section 4904 relating to unsworn falsification to authorit~ Date: S/6/Qtp RolaG~~J/ ., C '11IJClI""~,"Tf'DY'Wf.UI>>.l:flf\l 11'" r C'. ~ c: N :'5~ '..I' f. :.-:: J~ it L.L.. -~) ~ ~ t- . ~'lJ I _.J ~.. ~.,. c~ ,.~ :::> , . i"- -.:;; a Ll.. <0 U e;, 0 r ~ P:) f.; c r & ~j [ 'X: r..)"f a... .'~ r- .~ ,'-'c I ), 1:;~ e "&! it -. ~ ;;;:; ". '0 a 0 o. ~"1l -. i to' (. , : I- e:, r.: , r-.. ("') ,- ..- . . . . . , (-, .J) ("> ...J t, ~~ ;J '" .:D ' ) r pl I ' "J - ':~ -;, ,.~ ':.a: ~!~ ....-1 }'n , ~ .~) ':.1 '0 " 1M TB. COUlt., OP COICIIOM 'LIAI roa CUMII..LAIID COUlft"l, ,1lOI.YLVAIIIA , ' DIJII.. M. lULL, I CIVIL AC'l'10If . LA" 'LAllftUP . . v. I 1fO. ".U21 crnL 'l'PIC .oaa.r." .. lULL, JR., . D.PINDAIft I 1M DlVO.C. UPIDAV1'l' OP COIf.1Ift' 1. A Complaint in Divorce under Section 3301 leI or the Divorce Code wa. filed on March 1', 1"', 2. The marriage of Plaintiff and Defendant i. irretrievably broken and ninety ('01 day. have elap.ed from the date of filing the complaint. 3. I con.ent to the entry of a final decree of divorce arter aervice of notice of intention to requeat entry of the decree. I verify that the atatementa made in thia Affidavit are true and correct. I underatand that falae atatementa herein are made aubject to the penaltiea of 18 pa. C.S. Section 4904 relating to un.worn falaification to authoritle.. Date I '1,j/-Q7 /J;fJ,)u vn .t.fY) () ~ DINISS M. MBLL IN TUB COURT or COMMON PLBAS rOR CUMBBItLAND COUNTY, ,BNNSYLVAlfIA 0 .0 0 -I :: - " "ry I, ~ =- ,j -0 ;; i!I r1,. ;0 ,', ;,'>1 , {~ ~: - r.~' . -0 j 2"; ~ ::.: 'io TBRJ( , , ~ I..~\rn ., .~ ~ ,g DaISB M. MBLL, I CIVIL ACTION - LA" PLAINTII'r I a V. I NO. 96.1521 CIVIL ROIfALD I. KILL, JR., I DIJ'BNDAln' a IN DIVORCB WAIVIR OJ' Noncs or IlftlNTION TO aBQUBST BNTRY or A DIVORCB DBCSBI UNDO SlCTION 3301 (0) OJ' 'l'B1 DIVORCI COOl 1. I consent to the entry of a Unal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 2J. ?l-Q, /JM{.{J; vn cfl] dJ Denise M. Mell, Plaintiff ......., -. doctor instructing her not to work. On or about October 14, 1996, Wife filed a Petition tor Alimony Pendente Lite and Counsel Fees. On or about August 7, 1996, Husband tiled an Affidavit of Consent under Section 3301 (cl of the Divorce Code. II. PRBS.NT INFORMATION 1. ASSETS: A. R.al Property: The division of the marital residence has been resolved by agreement. B. Personal Property, excluding ~oney accounts, retirement funds, and business ventures: A list of personal property is attached to this Pre-Trial Statement and marked as Exhibit "A.. Husband proposes that the Court establish a value for all personal property and that Husband and Wife divide all property equally. Husband also owns a truck, the value of which is in dispute between the parties. c. Money Accounts, Retir~ment Funds, Business Ventures 1. Money Accounts-- none. 2. Retirement Funds--none. 3. Business Ventures-none. 2 . EXPERTS: Husband does not anticipate calling any experts. However, cl!billlll....Mo.lIl1~Ae.J.._BW..nt r;) INCOME AND EXPENSE S~TEMENT OF ~~fOJ ~\d. E. ME LL ....U<.. SSN J<tJ.... ..50 . '2 <is L OR' ;'~ (,,1 ; DATE 9~S 110 THIS STATEMENT MUST BE FILLED OUT (II you are sell..mployed or II you are salaried by a business of which you are owner In whole or in part, you musl aiso fill out the Supplemental Income Statement which appears on the lasl page 01 this Income .nd Expen.e St.temenl.) INCOME (a) Wages/Salary Employer & Address Job Title/Description ~ Pay Period (weekly, bl.weekly, monthlYl (. Gross Pay per Pay Period .............................................,...................'....,'..............'..,...,...................... $~ Payroll Deductions: Federal Withholding ..................$-5] . 37 Social Security ...........................$ 1 '}, ~ q Local Wage Tax ..........................$ 5 '1. ~ State Income Tax .......................$ ~~' '" "l. Retirement ..................................$ - 9 "i. Health Insurance ........................$ 3s,,, C;; Other (speclly) ....~....~...............$ "I, ,q \hi,,,,,!, ....... ...............,.........$ I t. rN~~.. .....................~..$ 020,00 "331.1.ou ' Net Pay per Pay Period.:...................................................................................................................... $ .J.. u..c. .5.3 0 E. Noll:/" 5t (/t-fU;,J 1.0 (bl Other Income Interest/Dividends ......................$ Pension/Annuity .........................$ Social Security ...........................$ RentS/RoyalUes ..........................$ Expense AccClunt .......................$ Gills .............................................$ Unemployment Compensation .$ Workmen's CompensaUon ........$ Week!1 Total, Other Income .......................$ /v(A Month Year $ $ $ $ $ $ $ $ $ '-, $ $ $ $ $ $ $ $ /IJ~ $ ~/n . ~COME AND EXPENSE STATEMENT OF ON ME' L L ..:rn.. 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Webber, Jr., files this Pretrial Statement, averring the following: BACItQROUND The parties separated on or about November 10, 1995. Defendant Ronald E. Mell, Jr., hereinafter referred to as "Husband" continues to reside in the marital residence. Wife resides in a mobile home located at 7073 Carlisle Pike, Lot 93, Carlisle. PA 17013 . The parties have two children, Shane, age 10 and Cody, age 8. Both children reside with Mr. Mell. Wife is not employed at' the present time. On October 28, 1996, she underwent cervical spinal surgery and disc replacement. She was hospitalized for a second time due to complications in mid- November 1996. At present, her doctor is not certain as to whether she will be able to work again. Wife resides with Neil Lengel. Their only source of income is worker's compensation income received by Mr. Lengel as a result of a work-related injury. Wife filed a Complaint in Divorce on or about March 19, 1996. She filed a Petition for Counsel Fees, Alimony Pendente Lite, Alimony and Maintenance of Insurances on October 9, 1996. A conference at the Cumberland County Domestic Relations Office was scheduled for November 6, 1996, concerning her request for counsel fees and alimony pp.ndente lite. The conference was continued generally due to her surgery and, to date, has not been rescheduled. The parties previously distributed a portion of the marital assets via an Agreement for Partial Distribution of Marital Real Estate and Marital Debt dated March 4, 1996. The only remaining equitable distribution issues involve personal property, including motor vehicles. Wife will execute and file an Affidavit of Consent and Waiver of Notice of Intention form. 1. (i) MARITAL ASSBTS Item ll: Dl!scription Value Portion Encumberance Possession nonmarital 1. 1990 Ford $12,250.00 None $ 3,600.00 H Bronco 4 x4 XLT (as of 11/95) (FMV as of 11/951 2. 5mm Remington $ 600.00 None None H rifle with Leopold scope 3. Gun purchased $ 300.00 None None H from brothel' 4. Camper $1,500.00 None None H 5. Table saw $ 500.00 None None H 6 . Riding lawn $ 900.00 None None H mower 7. Washer/dryer $ 300.00 None None H 8. Carpet Cleaner $ 150.00 None None H 9 . Wood stove $ 100.00 None None H Item It Descriotion Value portion Encumberance foaseasion nonmarital 10. Freezer Unknown None None H 11. 2 old Unknown None None H refrigerators 12. Refrigerator $ 800.00 None None H with ice maker 13. Dishwasher $ 600.00 None None H 14. VCR, with $ 450.00 None None H tapes and case 15. 25 inch Color $ 800.00 None None H TV 16. Recliner $ 250.00 None None H 11. waterbed $ 500.00 None None H 18. pictures Unknown None None H 19. 1985 V.W. GTI $2,475.00 None $2,521.20 W (FMV as of 11/95 I 20. TV stand $ l5.00 None None W 21. Couch $ 100.00 None None W 22. VCR Unknown None None W 23. Cordless phone Unknown None None W 24. Clothing Unknown None None W 25. Jewelry Unknown None None W 26. 8 microwavable Unknown None None W dishes 21. 6 tupperware Unknown None None W cups 28. Electric Knife Unknown None None W 29. 2 Blankets Unknown None None W 30. Vacuum Cleaner Unknown None None W Item It Description value Portion Encumberance possession nonmarital 3L Rocking chair Unknown None None W 32. Afghan Unknown None None W 33. Bowl and Unknown None None W PHcher set H. Wok $ 15.00 None None W 35. Bicycle Unknown None None W 36. Bunk beds Unknown None None W 37. Various Unknown None None W trinkets 38. Computer and $ 35.00 None None W accessories 39. 1 set of pots Unknown None None W and pans 40. Burial plots Unknown None None H,W 41. Family pictures Unknown None None H 1. Iii}. NONMARITAL ASSBTS PREVIOUSLY DISTRIBUTED. ]. BXPBRT WITHBSSIS NONE ANTICIPATED. 3. OTHER WITNBSSIS NONE ANTICIPATED. 4. IXHIBITS I NONE CONTEMPLATED AT THIS TIME. 5. INCOIIB Wife has no present income source. 6 . BXPIUlSBS See Wife's Income and Expense Statement, attached hereto and incorporated by reference herein, 7. PINSION OR RBTIRRMRNT SBHBFIT NONE. 8. COUNSBL FBIS To date, Wife has incurred approximately $ 1,700.00 of legal fees and $ 225.00 in costs relating to the divorce action. Wife is unable to pay any legal fees due to her medical condition and lack of employment. 9. PBJl.SONAL PROPBJl.TY See Number 1 above. 10. MARITAL DBSTS PREVIOUSLY RESOLVED. 11. paOPOSBD aBsoLUTION Wife reque&ts 60' of the value of the personal property listed in Number I above, plus alimony pendente lite, alimony, maintenance of insurance, counsel fees, costs, and any other appropriate relief. I verify that the statements made in this Pretrial Statement are true and correct. I under~tand that false statements herein are made subject to the penalties of l8 Pa.C.S.A. Section 4904. relating to unsworn falsification to authorities. Date: J,)Jr\l ~1 C I..-n '\ \(1h Q 0 Denise M. Mell - Plaintiff Household Child Household Child Week Week Month Month EXPENSES Home Mortgage/Rent... . $ $ $ 164.94 $ Maintenance..... . $ $ $ $ Utilities (telephone, $ $ $ 527.00 $ heating, electric, lot rent, etc. I Employment (Transportation, $ $ $ $ lunches, etc. I Taxes Real Estate.. .... $ $ $ 14.92 $ Personal Property $ $ $ 6.67 $ Income. ... ... .... $ $ $ $ Other. (Personal) . $ $ $ .83 $ Insurance Homeowners... .... $ $ $ 16.67 $ Automobile...... . $ $ $ $ Life/Accident/ $ $ $ $ Health/Kid's Life Other. . . . . . . . . . . . $ $ $ $ Automobile (payments, fuel, repairs I $ $ $ 84.60 $ Medical Doctor, Dentist, $ $ $ $ Orthodontist..... Hospital.. .... '" $ $ $ $ Special (glasses and $ $ $ $ medicinel Education Private, Parochial School. . . . . . . . . . . . $ $ $ $ College.......... $ $ $ $ Personal Clothing... ...... $ $ $ 30.00 $ Food............ . $ $ $ 430.00 $ Other (household $ $ $ $ supplies, barber, etc. I Credit payments & Loans. . . . . . . . . . . . $ $ $ 101.49 $ Household help/ Child care....... $ Entertainment (inc. papers, books, vacation, pay TV, etc.)... $ Gifts/Charitable contributions... $ Legal Fees. ..... $ Other child support/ Alimor:~' payments $ $ $ $ Total, Expenses $ $ $ $ $ $ $ 39 .00 $ $ $ $ $ $ $ $1,416.12 $ PROPERTY OWNED D~SCRIPTION VALUE OWNERSHIP H W J Checking accounts Cornerstone Federal $10.00 Credit Union (owned jointly with Neil Lenge 1 I x Savings accounts Cornerstone Federal $25.00 Credit Union (owned jointly with Neil Lengell x Credit Union CD'S Stocks/Bonds Real Estate Other Mobile Home - Nonmarital asset No net value x Total, Property INSURANCE COMPANY POLICY NO. COVERAGE H W C Medical Health/ Accident Keystone GP140306 x x x Disability Income Other (H-husband; W-wife; C-children) I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements h~rein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. [Jp/' ;;)^ I ('O{ Dated:- ,L-', ' r /1/ .(~ I(n 'rl!') J~_ Denise M. Mell. Plaintiff " ~-,"--'-'-- OlFIC. OF DlVORC. MASTlR CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slreet Carlisle, PA 17013 (717) 240-6535 .. ......... 11011." II OivoIl:e Mute, T'HI ... Co.,.. Office Mlllleger/RepotIe' w... ....... 697,0371 Ex!. 8Il35 Richard L. Webber, Jr., 366 Gr.en Spring Road P.O. Box 40 Newville, PA 17341 October 15, 1996 Esquire William c. Vohs, Esquire HANFT i VOHS 11 West Pomfret Street Suite 2 CarliSle, PA 17013 ReI Denise M. Mell vs. Ronald E. Mell, Jr. No. 96 - 1521 Civil In Divorce Dear Mr. Webber and Mr. Vohsl By order of Court of President Judge Harold E. Sheely dated Octob~r 10, 1996, the full-time Mastef has been appointed in the above reterenced divorce proceedings. A divorce complaint was tiled on March 19, 1996, raising grounds for divorce ot irretrievable breakdown of the marriage, indignities, and cruel and barbarous treatment. The complaint also raised the economic claim of equitable distribution. The motion for appointment of Master indicates that alimony, alimony pendente lite, and counsel fees and expenses are at issue; however, inasmuch as the only claim raised in the pleadings is equitable distribution, that is the claim that the Master will address unless additional claims are subsequently raised prior to the hearing. In order to proceed I assume that grounds for divorce are not an issue and, in tact, the Defendant has signed and filed an affidavit of consent and a waiver of notice of intention to request entry of divorce decree. I assume that the Plaintiff, who is the moving party in this action, will file an affidavit of consent and waiver of notice of intention prior to the hearing. Therefore, I am left with the claim of equitable distribution tor resolution. I direct that each counsel in accordance with P.R.C.P. 1920.33(bl !ile a pre-trial statement on or before Monday, November 18, 1996. Upon r~ceipt of the DENISE M. MELL, Plaintiff IN THE COURT OF COMMON PLEAS U[' CUMUERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 96-1521 CIVIL J'J RONALD E. MELL, JR., Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING To: Denise M. Mell RiChard L. Webber, Jr. Ronald E. Mell, Jr. William C. vohs , Plaintiff , Counsel for Plaintiff , Defendant , Counsel for Defendant You are directed to appear for a hearing to take * testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover day of time you exhibits Street Carlisle, Pennsylvania, on the 1st May , 1911, at 9:00 a.m, at which place and will be given the opportunity to present witnesse~ and in support of your case. By the Court, ~a" 0 .of \~ Harold E. Sheely, .Judge Date of Order and Notice: 3/14/97 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. * Court Administrator Fourth Floor, East Wing Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 Testimony will be limited to the factor of marital misconduct and the issue of cohabitation. ~ DENISE M. MELL, Plaintiff va. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 1521 CIVIL . . RONALD E. MELL, JR., Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Friday, March 14, 1997 Present for the Plaintiff, Denise M. Mell, is attorney Richard L. Webber, Jr., and present for the Defendant, Ronald E. Mell, Jr., is attorney William c. Vohs. The parties were married on July 19, 1985, and separated on November 10, 1995. A divorce complaint was filed on March 19, 1996, raising grounds for divorce of irretrievable breakdown of the marriage, indignities, and cruel and barbarous treatment. In addition, the complaint raised the economic claim of equitable distribution. Counsel have advised that with respect to the issue of grounds for divorce the parties will sign and file affidavits of consent. Mr. Mell previously filed his affidavit on August 7, 1996, and Mr. Webber indicated that his client will file an affidavit which will be done prior to the hearing to be scheduled. A petition was filed on October 9, 1996, raising additional economic claims of counsel fees, alimony pendente lite, and alimony. The petition also requested maintenance of insurance. children, 22, 1988. The parties are the natural parents of two Shane, born February 23, 1986, and Cody, born April Both children currently reside with husband. With respect to the alimony claim raised by wife, counsel have indicated that there may be testimony on marital misconduct. There is also a question about wife's living arrangement with a friend, Neil Lengel. Therefore, the Master is going to schedule a hearing on the issue of marital misconduct and on the cohabitation issue. Counsel are specifically aware that the code provision on cohabitation states that that becomes a bar to alimony after the entry of a divorce decree; however, counsel are in agreement that we can go forward and take any testimony on that issue at this time rather , than waiting until a final decree in divorce is entered. Wife is 32 years of age and resides at 7073 Carlisle Pike, Lot 93, Carlisle, Pennsylvania, in a mobile home with her friend, Neil Lengel. She is a high school graduate and is currently unemployed having undergone surgery for her back. Her counsel has indicated that she is going to have to undergo physical, functional, and vocational therapy after which a determination will be made about her employability. Wife last worked for Ross Distribution and was terminated from that position in Mat 1996. Wife is not paying any child support (the matter has been suspended pending wife's employment situationl. Wife is not receiving any spousal support or alimony pendente lite at the present time. Husband is paying, however, the sum of $22.00 per week to maintain wife's medical insurance coverage through his employment. Husband resides at 397 Petersburg Road, CarliSle, Pennsylvania, with the two children of the marriage. Husband is 38 years of age, is a high school graduate, and wo~ks for Agway as a laborer. His weekly gross income is $524.40 and his net weekly income is $334.04. Husband has not raised any health issues. A partial distribution of marital assets has been resolved through an agreement on March 4, 1996. Husband has the marital home, where he is living, transferred to his name and has refinanced the home and has assumed sole responsibility for the debt on the home. with respect to the equitable distribution issues before the Master that have not been resolved by the prior agreement, the Master is asked to deal with the tangible personal property involving household goods and the vehicles. with respect to the household tangible personal property, the Master has requested that each party prepare an exhibit stating what he or she has in their respective possession and the value of that property individually set forth on the list. Those exhibits will then be made part of the record when the partieb testify on that issue. There are also two vehicles at issue, a 1988 Ford Bronco in husband's possession and a 1985 VW GTI in wife's possession. Wife's value for the Bronco is $12,250.00 and for the VW $2,475.00. Husband's value for the Bronco is $8,000.00 and agrees with the value that wife has placed on the GTI. Counsel may have to have the Bronco and GTI appraised to bring us current on the values and to also try to resolve the difference in valuation on the Bronco based on the opinions of I I I l ~ 1 ~ f' - U" ._, ~ ~ 6-; ( ~ .;j . ~::~ ,). l") \1-\~-' - - ~ ,-",' ~ :..:t. ~,- . .,;:. "- ~~:~ ~". , ..:) ~ \ ~ 0' ~.:; \ c ~ ::.:1._ C'..: ! .... ,'..~ r:. j" -. p. ('.:': ..) (..l 0" ..) g i i i; I' .-! -j :i " ,