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HomeMy WebLinkAbout05-3293 II SANDRA L. ME LEASON , , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. PETER M. MELEASON, Defendant CIVIL ACTION NO. OS- - ~JH~ IN DIVORCE C'lu:L I'E-L"'L NOT ICE T 0 D E FEN D 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 Plaintiff. 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 irretrievable breakdown of the marriage, you counseling. A list of marriage counselors Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 is indignities or may request marriage is available in the IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 II iSANDRA L. MELEASON, , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. PETER M. MELEASON, Defendant CIVIL ACTION NO. IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 Prothonotary II SANDRA L. MELEASON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. PETER M. MELEASON, Defendant CIVIL ACTION NO.OS"- ~93 IN DIVORCE c{~;[~~ COMPLAINT IN DIVORCE 1. Plaintiff is Sandra L. Meleason, a citizen of Pennsylvania, residing at 699 Stone Church Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant residing at 130 Pennsylvania. is Peter M. Meleason, a citizen of Pennsylvania, Opossum Lake Road, Carlisle, Cumberland County, 3. Plaintiff and Defendant are sui luris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on March 25, 1983, in Perry County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There instituted has been no prior action for divorce or annulment by either of the parties in this or any other jurisdiction. II 8. The Plaintiff has been advised counseling and of the right to request parties to participate in counseling. of that the the availability Court require of the COUNT I Request for a Fault Divorce Under 3301(a) (6) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to 3301(a) (6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit II \1 consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The marriage of the parties is irretrievably broken. 19. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 20. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. II COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 21. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 23. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. COUNT V Request for Alimony Pendente Lite and Alimony under 3104, 3323, 3701, 3702 and 3704 of the Divorce Code 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. Plaintiff is unable to sustain herself during the course of litigation. 26. Plaintiff lacks sufficient property to reasonable needs and is unable to sustain appropriate employment. provide herself for her through 27. Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to Plaintiff. II WHEREFORE, Plaintiff requests the Court to enter an award of .alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor. COUNT VI Request for Counsel Fees, Costs and Expenses Under 3104, 3323, 3502(e) and 3702 of the Divorce Code 28. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 29. Plaintiff has employed Mary A. firm of Dissinger and Dissinger matrimonial cause. Etter Dissinger, of the law to represent her in this 30. Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Defendant is more than able to pay them. WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Respectfully submitted, DISSINGER and DISSINGER '---7-11 <~ /1c!i/(i.^A-< ~ ~ ./ Mary A. Etter Dlssinger Attorney for Plaintiff Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 II VERIFICATION I, Sandra L. Meleason, verify that the statements made in the foregoing document 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. ht>~~~L'l\ Sandra L. e easo . Plaintlff 0 15,.. -<q 1\ ~ - 8 o..Q 0 D - &( . Lt () Be- 6"- ~ D rI't ....:) (JJ -.J::: -tl 0J )-' ~ k.. P- ---- ~ ........ ~ () .....) ,;:.:::> -II ("'", c.' .-\ (-:: fr,'JJ c. r-' . ::.;.. -,'" ...,.. f'-.) C-J !"~ ~.D t..f'l. --' " SANDRA L. MELEASON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. PETER M. MELEASON, Defendant CIVIL TERM NO. 05-3293 IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Mary A. Etter Dissinger, attorney for Plaintiff, Sandra L. Meleason, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Complaint in Divorce in this action to the Defendant at his residence, and that Defendant did receive same as evidenced by the signed receipt dated on or about July 5, 2005, attached hereto as Exhibit "A". ~-M ay~. . . ~~~~ Mary A.Etter Dissinger Attorney for plaintiff Supreme Court ID #27739 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 Sworn to and subsR~ed before me this ~ day of -c,1A.1~. ,2005. :JJ-'1)1 ~ ~1-~k\ Notary Publi WIJ11_ ............. ....,NIIc II n IIJIII-""COlINIY .C__.' 1..........1"... II "r l-NDr f' ..1111 Tf 7H/' <,I { JII'f, . Complete items 1. 2, and 3. Also complete Item 4 If Restricted Delivery is desired. . PHnt your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the frqnt if space permits. 1 ()e-\u I \~O Co..r\iS mt I-ett 50(') 5S"VY' La~ ICocJ ..\C\ \1)013, 2. Artiel (Transfer from $8fVice label) PS Form 3811, August 2001 o Agent D Add...... C. Date of Delivery D. Is delivery address different from item 17 0 Yes If YES, enter delivery address below: 0 No 3. ~ Type trCertlfled Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 7003 3110 0002 7192 6811 Domestic Return Receipt , .' '..~' EXHIBIT "A" " ~ 10259s..()2-M.1540 \ \ .-' 0 ~ -t'\ d' -' {.-::;. 5\4,::: c:-- r'~' -- -.P :>'" ~ .. (~ C-::. --/ "'" :% '-.9 :;:- -- SAlOIS SHUFF, FLOWER & LINDSAY ATl'ORNEYS-AT'LAW 26 W. High Street Carlisle. P A Sandra L. Meleason IN THE COURT 01: COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 05.3293 Civil Term Peter M. Meleason Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Peter M. Meleason, in the above captioned case. By: t-:- ...., ~; C,;:~) ~ C~ <.n <:..... ::r!-n c r. r-np! N ~g8 0 (') I -r:! ~;:j ~~) . -~~ ." r:? <:"5 . ;T: .2::", ~:::. -., '" '{;; -.;" ~:c <.0 .< SANDRA L. MELEASON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 05-3293 CIVIL TERM PETER M. MELEASON, Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this ft'day of SANDRA L. MELEASON, of 699 Stone C 200{o between h Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and PETER M. MELEASON, of 130 Opossum Lake Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on March 25, 1983 in Perry County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland, Commonwealth of Pennsylvania, to Number 05-3293, 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 between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs in the settling of any and all claims and possible claims against the other or against their respective estates. 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 1 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 may be 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. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. The Consent and Waiver shall be signed and finalized before the refinance of the marital home as set forth below. If either party fails or refuses to execute and file the referenced documents to conclude the , divorce or if Wife fails to finalize the divorce within twenty (20) days after the date of this Agreement, said failure or refusal shall be considered a material breach of this Agreement and shall entitle Husband or Wife, at his or her option, to terminate this Agreement. (3) REAL PROPERTY: The parties are owners of the following tracts of real estate: a. 130 Opossum Lake Road, Carlisle, Pennsylvania, the marital home, consisting of two tracts, one titled in the parties jointly and recorded at Deed Book 'T, Volume 35, Page 832, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, and a tract recorded in Deed Book "D", Volume 29, Page 445, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, titled in Husband's name only and owned by him prior to the parties' marriage. b. 699 Stone Church Road, Carlisle, Pennsylvania, a farm owned by the parties and H. David Miller and Norma J. Miller, wife's parents, the deed to which is recorded in Deed Book 101, Page 644, in the Office of the Recorder of Deeds of 2 Cumberland County, Pennsylvania. c. 103 South High Street, Newville, Cumberland. County, Pennsylvania, a house owned by the parties as husband and wife and by Peter Michael Meleason, II and Christopher David Meleason, the parties' children, recorded in Deed Book 254, Page 819, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. d. The Bucher Farm on the Ritner Highway, owned jointly by the parties and recorded in Deed Book in 145, Page 559, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. e. A one-third interest in a tract recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Book "C", Volume 36, Page 233, together with a one-third interest in Husband as guardian for each of the parties' two children. Wife transfers to Husband all her right, title and interest in the Opossum Lake property. The property is encumbered by a mortgage in favor of Orrstown Bank. Wife will execute a special warranty deed concurrent with the date of this Agreement transferring her interest to Husband. Within forty-five (45) days of the date of this Agreement, Husband will refinance the lien on the Opossum Lake Road property and will pay to Wife the difference between $266,000.00 and the balance in the parties' Legg Mason account which shall be transferred to Wife as more particularly set forth below. Pending refinance and continuing thereafter, Husband will be solely and exclusively responsible for all mortgage payments on the Opossum Lake property. Husband shall also be solely responsible for all of the costs associated with the Opossum Lake property including, but not limited to, taxes, homeowners insurance and repairs. Husband will indemnify and hold Wife harmless on account of any loss related to the 130 Opossum Lake Road property. Wife will retain the 699 Stone Church Road property. On the same day as the date of this Agreement, Husband will execute a special warranty deed transferring to Wife, all his right title and interest in the Stone Church Road property. Wife will be responsible for all charges, including 3 tax and insurance on account of the Stone Church Road property up to and following the date of this Agreement and shall indemnify and hold Husband harmless on \lccount of such charges. Husband warrants that all taxes on the Stone Church Road property are paid and that he knows of no encumbrance on that property. Wife will transfer to Husband all her right, title and interest in 103 South High Street, Newville, Pennsylvania, by special warranty deed on the same day as the date of this Agreement. With regard to the High Street property, Husband shall indemnify Wife and hold her harmless on account of any loss thereon and shall be responsible for all charges on account of the High Street property. Wife will transfer to Husband all her right, title and interest in the Bucher Farm by executing a special warranty deed on the same day as the date of this Agreement. With regard to the Bucher Farm, Husband shall indemnify and hold Wife harmless on account of any loss and shall be solely responsible for all of the costs attendant upon ownership of the Bucher Farm Wife will transfer to Husband all her right, title and interest in the parties' one-third interest in the tract recorded in Deed Book "C", Volume 36, Page 233. With regard to the parties' interest in that tract, Husband warrants that all obligations thereon are paid and he indemnifies and holds Wife harmless on account of any such obligations. The parties will each be responsible for the preparation of the Deeds for any property All \ d' r --.(,.+" -\-0 \ "",,,J -f" /-.k...,J.,....J which they are receiving herein.. ~ -i!. ~ '\" < i'" .' I I> ~ CC" I sj.......\\ "... \......I-l "f'- ..,S<.[c'""" b., lNc'~~ c,c......s~l ~,,-r.l -+f..< ...t,."""u. c-cc~c:S ,"" HJ~i"'-d. G h'\ (4) DEBT: J...,.<", "'/ ~ + ~h: tl.. -f:,."... -+k oL...~, '- 1\ io..L d.':"""d... ~~#J""",,"'~T' \~o-DS \[IP!00 1""'- A: Marital ~ebt: Husband and Wife acknowledge and agree that there are no outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. B: Post Separation Debt: In the event that either party contracted or incurred any 4 debt since the date of separation on September 1, 2003, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in whic~ 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 right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's na~e with the Pennsylvania Department of Transportation. 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 hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. 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. Attached hereto as Exhibit A is a list of property located on the Stone Church Road property. The items listed as Exhibit A shall be Husband's individual property. He will remove them from the Stone Church Road property by April 30, 2006. Husband will make no more than 5 three (3) trips to Wife's property to remove the items on Exhibit A. for all trips Husband shall notify Wife of the date and time of the proposed trip and receive her consent fo pick up items, which . consent shall not be unreasonably withheld. (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, 401 K plans and the like. The parties shall each retain their own individual retirement accounts. Within ten (10) days of the date of this Agreement, Husband will execute any documents required to transfer to Wife all his right, title and interest in the parties' Legg Mason account, number 360-01440. The parties shall arrange for the transfer of the Legg Mason account from Wife to Husband in such a manner as to avoid sale which would trigger capital gains taxes to 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 right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Husband is represented by Carol J. Lindsay, Esquire and, Wife is represented by Mary Dissinger, Esquire. 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 6 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 or to . be rendered on his or her behalf. The parties have negotiated this Agreement without the benefit of formal discovery. They have been advised that, pursuant to the Pennsylvania Divorce Code, formal discovery is available to them. Further, they have been advised that they may obtain valuations of all of the assets of the parties. They have been advised by their counsel that counsel cannot provide advice as to whether the settlement memorialized by this Agreement is fair but each agrees it is an Agreement each wants to make. (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 is proposed, or assessment of any such tax is made against either of them, Husband will be solely responsible for the payment of any such tax, any penalties or interest associated therewith. (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 right to declare this Agreement to be null and void and to terminate this .Agreement in which event the division of the parties' marital 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 7 into. (13) COMPLETE DISCLOSURE: The parties do hereby' warrant, . represent, acknowledge and agree that each has had an opportunity to make full inquire to the other with regard to the assets, wealth, real and personal property, estate, earnings and income of the other and has been advised by his or her attorney of his or her rights under the Divorce Code of the Commonwealth of Pennsylvania to full discovery. Each party has made this Agreement and is satisfied with it and has made whatever inquiry he or she wishes to make and hereby waives further discovery, formal or informal, as permitted by the Divorce Code. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) 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 rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, 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 8 expenses or demands whatsoever in law or in equity; B. 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 rights in the nature of courtesy and dower; D. All widow or widower's rights; E. 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 rights 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 rights 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. F. All rights or claims to any accounting; I G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising 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, state, territory or political subdivision, except for the right to enforce the terms of this Agreement; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. 9 .~ (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 shall 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 o)her party. In the event of breach, the other party shall have the right, 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, oral or written, of any nature whatsoever, other than those herein contained. (21) 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 written above. WITNESS: 6kl'i~2Z /7/7 gJt?t-J / 'I\.-- 10 MELEASON Outside 4- Black drain tiles and connectors I - freezer box I - hay elevator I - dog pen In shed Beagle box Garage Condensor for freezer Compressor for freezer In barn I - Belco fertilizer spreader 1 - glass window located in room upstairs CZyA () -Tl .--1 ?11;0 r", f,'-? ,>:-.. " .-,.~ .-,,; . -...... 'I ,- SANDRA L. MELEASON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. PETER M. MELEASON, Defendant CIVIL TERM NO. 05-3293 IN DIVORCE I 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. Grounds for divorce: 3301(c) of the Divorce Code. Irretrievable breakdown under ~ 2. Date and manner of service of the Complaint: On or about July 9, 2005, by United States Certified Mail, Restricted Delivery. 3. Date of by ~ 3301 (c) of Defendant execution of the Divorce ~'}-/{jc. , the Affidavit of Consent required Code: By Plaintiff I '<../J}Jri5; by , 4. Related claims pending: NONE. 5. Date Plaintiff's Waive~ of N97ice in ~ 3301(c) Divorce filed with the Prothonotary: ILl :1-1 (.f Date Defendant's Waiver of Notice in ~ 3301(c) Divorce filed with the Prothonotary: IjJ 2/(: ~ Respectfully submitted, DISSINGER AND DISSINGER Date: 1)). / /; \.., /4 .~ f) C:~ ---6.,~ " <- Mary A. tter Dissinger, ~quire Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 717-957-3474 cc: Carol Lindsay, Esquire . II SANDRA L. MELEASON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. PETER M. MELEASON, Defendant CIVIL ACTION NO. IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the Praecipe to Transmit Record upon the attorney for the Defendant, by First IClass United States Mail addressed as follows: Ms. Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Date: '//2/.4 -7~ ()-'v7 () ~J.<--a.d"~.1"'-- Mary A. Etter Dissinger u Attorney for Plaintiff Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 '-- (~) -n .-\ ". ell f',) c.;: . 11 SANDRA L. MELEASON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. PETER M. MELEASON, Defendant CIVIL TERM NO. 05-3293 IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C} OF THE DIVORCE CODE 1. A Complaint in divorce under ~ 330l(c) of the Divorce Code was filed on June 28, 2005 and served on or about July 9, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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. 6. Plaintiff's and Defendant's Waiver of Notice in !;330l(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. 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. !;4904 relating to unsworn falsification to authorities. JJ./"\Irr::: Date: ,-,)(,-vJ C J. bJ~' j <.L.t\ .'Q.J " , ',-- Sandra L. Meleas n, Plalntlff r r----' c.. , f'0 ('-' ',.0 SAIDIS, FlOWER & LINDSAY A:rmRNEYS'AT'IAW 26 Wcsr Hign Street Carlisle, PA II SANDRA L. MELEASON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3293 CIVIL TERM v. PETER M. MELEASON, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on June 28, 2005. 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 verify that the statements made in this Affidavit are true and correct to the best of my Date J llll u lo knowledge, information and belief. I understand that false stat . nts herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falSif\t DEFENDANT'S WAIVER OF NOTICE OF INTENTI TO REQUEST ENTRY OF A DIVORCE DECREE UNDER& 3301 leI 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 Date: ill z.,\ uL, to the penalties of 18 Pa.C.S, 4904 relating to unsworn falsifi a n to authorities. ", c: 1....,) :~~ -_.~ :~: ,- '''... r....:' ~:::) . ~~ . . . . . . . . . . . . . . . . . . . . . . . ~ ~~~~ ~~~ ~~~~~~~~~~~~~~~~~~~~~~~ ~~ ~~~~ if.:f.:f.:f.;t;;f;+;",,,,:+: :f.:f.:f.;t;;t;~"':f. :f."';t;"''''''':f.;t;;t; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SANDRA L. MELEASON PENNA. STATE OF No. 05 - 3293 PLATNTIFF . . . . VERSUS PRrrRR M MF.T.Rn.~nN . . DF.FF.NDANT . DECREE IN DIVORCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AND NOW, 12.T!\.>'?'l 2 ~ , 2"" Go, IT IS ORDERED AND DECREED THAT SANnRA L MF.LF.ASnN , PLAI NTI FF, AND PETER M. MELEASON , 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 FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriaqe Settlement Aqreement of the parties dated f I P- I <J(. i~ h~rphy inrnrpnr~~c~ hl1~ not mpr~p~ . . . . . . . . . . . . . . . . . . . . . " if. if. "''''ifT. "'''':fT.if. "''''''';tiT. ',c:~~ PROTHONOTARY ;f.:f. :fT.;+: ... ... ... '+' Of;!;:f. "':f.:f.T. 'f.'l''f.:f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' ~ If: .f /fT.- ":c"'" "'" c~ ./ ~.-yy 'fr I' ~ 4dP?/"? ,,,<<.l . " , ", ----'---~-- //--------------- " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA L. MELEASON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. PETER M. MELEASON, Defendant CIVIL TERM NO. 05-3293 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, prior to the entry of a Final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated January 23, 2006, hereby elects to resume the prior surname of Sandra L. Miller, and gives this written notice avowing his/her intention pursuant to the provisions of 54 P.S. 704. Date: 3...y?J (!I, C' _)'"-'1",1 ~ Ll \"'(--~ I. 0 "-<;\n~ Signature () ". ) Q.A;.;\ ,- L, h.-~ ~Llt )\ .}J-rf ~ Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 2f'd c_;! , On the"':::> day of '///)/U I , 2006, before me, the Prothonotary or the notary public, ersonally appeared the above affiant know to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. NOTARIAl SEAl ANNEmPl:RKINS Notary PublIC ~HU IlOIlOUGK. CIJMIlSlINC)CO\lNlY My CommlIIIon ExpIleI..... 22, 2009 ~ .'j , " . . '/. '/., ) /{/{;7l!:.,V)/ ~.L:?r.L/ Notary Public / ~ ~ ~ 0 ':-? -n ~ ~ .P ~ .-" C) " 'en -1\ " 'C0 \) \ .....l - ~ ~ ~ ...c: ..l::. <? ~ \J ~ , '-C -( --., ..-',......<C"'.,"'. ,..' \ , \ ",J c..~.._.-. ;' \ ,.. 'i;Yf.Y~:-' "",~,,\,.'.'. '.~' .:.,\.",..!"':", ------