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HomeMy WebLinkAbout01-1202AMY W. MELTON, Plaintiff VS. CHAN ALLEN MELTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW NO. 2001 -/~Oc~ CIVILTERM : : IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the P)aintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FiLE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. iF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS tUFF, FLOWER & LINDSEY ~.6 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ~a~'~ J. ,mds~,~uire ID~44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 AMY W. MELTON, Plaintiff VS. CHAN ALLEN MELTON, Defendant .' IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001- /~ p.2~ ClVlL TERM : IN DIVORCE COMPLAINT SAIDIS tUFF, FLOWER & LINDSEY !6 W. High Street Carlisle, PA AMY W. MELTON, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is AMY W. MELTON, who currently resides at 5815 Spring Tree Court, Enola, Cumberland County, Pennsylvania, where she has resided since February 5, 1999. 2. The Defendant is CHAN ALLEN MELTON, who currently resides at 5815 Spring Tree Court, Enola, Cumberland County, Pennsylvania, where he has resided since February 5, 1999. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 10, 1992, at Gainesville, Georgia. 5. That there have been no pdor actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Ca qu~r~ 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS lUFF, FLOWER & LINDSEY ~6 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. § 4904, relating to unsworn falsification to authorities. Amy]A/. Melton Date: SAIDIS SHUFF, FLOWER & LINDSEY Carlisle, PA AMY W. MELTON, Plaintiff VS. CHAN ALLEN MELTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001- 1202 ClVlL TERM : : IN DIVORCE ACCEPTANCE OF SERVICE -- Date I accept service of the Complaint in Divorce in the above captioned matter ~lton, Defendant AMY W. MELTON, Plaintiff VS. CHAN ALLEN MELTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 1202 ClVlL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divome under ~ 3301(c) of the Divorce Code was filed on March 1, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I vedfy that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. · Melton, Plaintiff Date: ,~-,~.43 -0 / AMY W. MELTON, Plaintiff VS, CHAN ALLEN MELTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001- 1202 ClVlLTERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. · Melton, Plaintiff Date: AMY W. MELTON, Plaintiff V$, CHAN ALLEN MELTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 1202 ClVlLTERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ¢ 3301(c) of the Divorce C.~¢ March I 2001. 7-~::. -- . 2. The marriage of plaintiff and defendant is irretrievably br .~.~_en a~ days have elapsed from the date of filing and service of the Complaint.~ 3. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to Allen M ' -~' , Defendant Date: AMY W. MELTON, Plaintiff VS, CHAN ALLEN MELTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 1202 ClVlLTERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 490,~ relating to unsworn falsification to authorities. /'j)~ ~/~ Otlgn ^lien Melton, Defendant Date: ~/1~/~¢ J AMY W. MELTON, : Plaintiff : VS. : CHAN ALLEN MELTON, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 1202 CIVIL TERM IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this ~ ~'day of ~F//Y~~¢~' -~ 2001, between CHAN ALLEN MELTON, of 5815 Spring Tree Court, Enola, Cumberland County, Pennsylvania, hereinafter referred to as Husband, A N D AMY W. MELTON, of 5815 Spdng Tree Court, Enola, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.I: The parties hereto are husband and wife, having been joined in marriage on, October 10, 1992 in Gainesville, Georgia; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland Commonwealth of Pennsylvania, to Number 2001-1202, Civil Term; and R.3: The parties' hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters 1 between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente I/re, NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 5815 Spdng Tree Court, Enola, Cumberland County, Pennsylvania. The parties have listed the house for sale. Pending its sale, husband will reside at the property and shall make the mortgage payments as they come due and shall pay the taxes and insurance. Upon the sale of the property, the parties will equally divide proceeds after the payment of the mortgage and the usual costs of sale. The sale pdce for the house shall be mutually agreed upon by the parties. However, in the event that a buyer has not been found within two months of the listing of the property, either party may require the other to reduce the purchase price by up to five (5%) percent to facilitate the sale. (4) DEBT: A. MARTIAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are martial or for which the other might be liable incurred pdor to the signing of this Agreement, except as follows: i. ii. iii. Lowe's in the approximate amount of $378.16 A T & T Visa in the approximate amount of $955.35 CitiBank Visa in the approximate amount of $596.52 The parties have the ability to pay the aforesaid debts in full within five days of the date of this Agreement from the joint checking account, and they will do so so that there is no marital debt, excepting the mortgage described in Paragraph 3 above, for which the parties are jointly or individually liable. 3 B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on March 1, 2001, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any dght, title and interest he or she may have to any and all motor vehicles currently used by the other. Within five (5) days of the date of this agreement each party shall execute any documents necessary to have said vehicles propedy registered in the other party's name with the Pennsylvania Department of Transportation. Husband shall retain the 1995 Harley Davidson Motorcycle and the 1993 Honda Civic. Wife shall retain the 1995 Jeep. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties have agreed to the division of the furniture, household furnishings, appliances, tools and other household personal property between them. The major items of personalty have been set out on Exhibit "A" and Exhibit "B" attached hereto and incorporated herein. All those items set out on Exhibit "A" shall be the sole and separate property of Husband. All those items set out on Exhibit "B" shall be the sole and separate property of Wife. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. Provided, however, that the parties have equally divide the balance in their money market account at M & T Bank, Account No. 15004201328570 in the approximate amount of $5,520.00. The checking account No. 374116109g at M & T Bank shall be used to pay marital obligations, with any balance the property of Husband alone. The parties have three retirement accounts. Husband enjoys a 401(k) Plan invested by Putnam, Account No. 257043529. The 401(k) Plan shall be Husband's sole and separate property. Wife has a Janus IRA, Account No. 42- 201430278, which shall remain her sole and separate property. Husband has a Janus IRA as well, Account No. 42202050642, in the approximate amount of $37,971.00. It is the parties' intention to equally divide the retirement accounts. To accomplish this intention, within five (5) days of the date of this Agreement, Husband will sign a letter to Janus directing it to rollover from his IRA into Wife's IRA at Janus $24,557.86. Such a transfer from one tax-sheltered account to another shall have no tax consequence to either party. Wife will be solely and exclusively responsible for any penalty and taxes in the event that she invades any monies transferred to her by the terms of this Agreement. The parties warrant that the two IRAs and the 401(k) Plan described in this paragraph are the only retirement benefits in which they acquired an interest dudng their marriage. Neither of them have earned a pension in the course of their marriage. The parties acknowledge that each have life insurance purchased during the marriage with equivalent cash values. Each party will retain his or her life insurance policy and the values attached thereto. Husband shall receive the E-Trade account and Wife shall execute any and all documents required to transfer the amount to him. Husband shall reimburse Wife for her moving expenses up to $1,800.00 with payment within ten (10) days of request by Wife. (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her dght to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, and Husband has been advised that he may be represented by counsel of his choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered otto be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax Js proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. ('12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the dght to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. ('13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her dghts and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to 8 do so but as a voluntary act. (t5) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's dghts against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente l/re, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or dghts in the nature of courtesy and dower; All widow or widower's dghts; All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all dghts or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other dghts or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. All rights or claims to any accounting; All rights, claims, demands, liabilities and obligations adsing out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; All rights, claims, demands, liabilities and obligations adsing under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, 3.0 state, territory or political subdivision; I. All dghts, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: in the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the dght, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, om/or written, of any nature whatsoever, other than those herein contained. (24) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first wdtten above. WITNESS: 12 AMY W. MELTON, Plaintiff VS. CHAN ALLEN MELTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2001- 1202 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) 330!(d)(!) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant, Chan Allen Melton, March 2, 2001 and recorded March 12, 2001 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff_June 20, 2001; by the Defendant June 8, 2001. (b) (1) Datc of cxoc~ution of the Plaintiff'c affidavit required by Scc, tion 3301 (d) of tho Divorcc Codc: (2) Date of service of the Plaintiff's affidavit upon the Defendant: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: July 2001 Date Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: July 2001 Care J.~i~ds~, ~ttorney ~ P/a~ntiff IN THE COURT Of COMMON AMy W. MELTON, OF CUMBERLAND COUNTY STATE Of ~~ PENNA. Plaintiff NO.2001 - 1202 VFRSUS CHAN ALLEN MELTON, Defendant IN DIVORCE PLEAS Civil Term AND NO~, DECREED THAT AND DECREE IN DIVORCE AMY W. MELTON CHAN ALLEN MELTON ,~J~! IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A F~NAL ORDER HAS NOT YET BEEN ENTERED; NONE. The terms of the Property Settlement Agreement dated March 9, 2001 are Decree in Divorce. incorporated but not merged into this BY TH 'e~ ATTEST: J. PROTHONOTARY