Case: 61CH1:17-cv-00242 Document #:1 Filed: 02/03/2017 race Mey IN THE CHANCERY COURT OF RANKIN CouNTY, mississipr EB 03 207 come RY SAL "Ao Cla Reg ES een en Cy JUDSON T. SANDERS PLAINTIFF vs. (CAUSE NO: } is / 4 CZ MELINDA KING SANDERS DEFENDANT COMPLAINT FOR DIVORCE AND OTHER TEMPORARY RELIEF COMES NOW, the Plaintiff herein, JUDSON T. SANDERS by and through his attorneys of record herein, and files this his original Complaint for Divorce against the Defendant and Other Temporary Relief, and in further support thereof would show unto the Court the following facts and matters, to-wit: 1 ‘That the parties hereto are both adult bona fide resident citizens of the State of Mississippi and that both the Plaintiff and the Defendant have been such for more than six (6) months immediately next preceding the commencement of this action, and further that said residency was not established for the sole purpose of obtaining a divorce, and neither of these parties are currently active duty members of any branch of the armed forces of the State of Mississippi or of the United States of America. 2 ‘That the Plaintiff, JUDSON T. SANDERS , is a bona fide resident of the State of Mississippi. That the Defendant, MELINDA KING SANDERS continues to reside in the former martial domicile located at 804 Glendale Court, Brandon, Mississippi County of Raknin, ‘where she may be found for the purpose of proper service of process of this Court.Case: 61CH1:17-cv-00242 Document #:1 Filed: 02/03/2017 Page 2 of 10 3 That both of the parties herein were heretofore lawfully united in marriage, one to the other, on or about the date of April 23, 2015 in the State of Mississippi, where they have since resided together as husband and wife until the date of their final separation, which occurred on or about December 23, 2016 in Rankin County, Mississippi; and further that these parties have not cohabited together as Husband and Wife since the date of their final separation delineated herein. afore. 4 That there were no issue were bom or adopted as a result of this marriage and union and no children which are presently expected to be born or adopted. OR DIVO! 5. ‘That the Plaintiff, JUDSON T. SANDERS, is entitled to a divorce of and from the Defendant as pursuant to the ground of uncondoned ADULTERY, as delineated and set out in § 93-5-1 of the Mississippi Code of 1972, as Annotated and Amended; that the Defendant's acts of uncondoned adultery has proximately caused the separation of these parties and the Plaintiff believes and is advised that he is entitled to a divoree of and from the Defendant pursuant to Laws of the State of Mississippi as delineated herein above on the grounds of uncondoned ADULTERY. 6. ‘That the Plaintiff, JUDSON T. SANDERS is entitled to a divorce of and from the Defendant, as pursuant to the ground of HABITUAL, CRUEL AND INHUMAN TREATMENT as delineated and set out in § 93-5-1 of the Mississippi Code of 1972, as Annotated and Amended; that the Defendant's acts of habitual crue] and inhuman treatment hasCase: 61CH1:17-cv-00242 Document #:1 Filed: 02/03/2017 Page 3 of 10 proximately caused the separation of these parties and the Plaintiff believes and is advised that he is entitled to a divorce of and from the Defendant pursuant to Laws of the State of Mississippi as delineated herein above on the grounds of HABITUAL, CRUEL AND INHUMAN ‘TREATMENT. % That the Plaintiff, JUDSON T. SANDERS is entitled to a divorce of and from the Defendant, as pursuant to the ground of HABITUAL USE OF DRUGS as delineated and set out in § 93-5-1 of the Mississippi Code of 1972, as Annotated and Amended; that the Defendant's acts of habitual use/abuse of prescription drugs has proximately caused the separation of these parties and the Plaintiff believes and is advised that he is entitled to a divorce of and from the Defendant pursuant to Laws of the State of Mississippi as delineated herein above on the grounds of HABITUAL USE OF DRUGS. 8. ‘That in the alternate, this Plaintiff would further show that he has made every effort to make a happy and successful marriage for the parties herein; however, the Defendant has not appreciated nor reciprocated his efforts but to the contrary has entered into @ course of conduct that is equivalent to uncondoned adultery, and habitual cruel and inhuman treatment and drug abuse all of which has served to help foster additional IRRECONCILABLE DIFFERENCES which have arisen in the marriage thereby causing the bonds of matrimony to be forevermore irretrievably broken, and that as a result of same he can thus no longer live with this Defendant as Husband and Wife. Therefore the Plaintiff believes and is advised that both of these parties, are entitled to a divorce, one from the other, on the ground of IRRECONCILABLE DIFFERENCES by virtue of § 93-5-2 of the Mississippi Code of 1972, as Annotated and Amended. However, pleading of same is not intended, nor shall it be construed as this Plaintiff'sCase: 61CH1:17-cv-00242 Document #:1 Filed: 02/03/2017 Page 4 of 10 unfettered consent for this Court to award a divorce to the parties upon the ground of irreconcilable differences, as provided by § 93-5-2 of the Mississippi Code of 1972, as Annotated and Amended. REAL PROPERTY/CURRENT RESIDENCY & HOUSE HOLD PROPERTY 9 That the Defendant is exclusively entitled to and should be granted the complete and permanent use, possession control and ownership of the former marital domicile to the absolute exclusion of the Defendant and she should be ordered to hold harmless and defendant the Plaintiff from any and all liability associated therewith. 10, ‘That the Plaintiff is exclusively entitled to and should be granted the complete and permanent use, possession, control and ownership of all of the household goods; furnishings; appliances; removable fixtures; equipment; tools or the like; located in the former martial domicile or otherwise located anywhere else on the real property regardless of whether any such property remains in the open or secured by some other structure on said property, attached or otherwise. OTHER PROPERTY/ASSET! TT ‘That the Plaintiff is exclusively entitled to and should be granted the complete and permanent use, possession, control and ownership of all other goods; furnishings; appliances; removable fixtures; equipment; tools; assets; accounts receivable or the like which remain in his possession.Case: 61CH1:17-cv-00242 Document #:1 Filed: 02/03/2017 Page 5 of 10 SEPARATE/ MARTIAL PROPERTY AND AUTOMOBILES 12, That the Plaintiff is entitled to and should be granted permanent exclusive ownership of all property that he owned, purchased or acquired prior to the marriage of these parties, as well as all of the property that he purchased or acquired independently during the course of the ‘marriage, as well as all of the property independently purchased or acquired by him subsequent to the final separation of these parties. 13. That any and all property that is hereinafter agreed by the parties to be considered as a ‘marital asset, or otherwise determined by this Court to be marital asset, should be fairly and equitably divided and distributed between these parties by this Court in full accord with the laws of the State of Mississippi, 14. That the Plaintiff is entitled to and should be awarded the permanent exclusive use, possession, control and ownership of all of automobiles currently in his possession as well as the ‘exclusive use, possession, control and ownership of any automobiles or other vehicles of any kind or nature, including off road/recreational, that were purchased during the course of the marriage. MARITAL DEBT 15. ‘That the Defendant should be required to pay any all debts of the parties whether or not same is hereafter deemed or otherwise determined by this Court to be martial debt resultingCase: 61CH1:17-cv-00242 Document #:1 Filed: 02/03/2017 Page 6 of 10 from, or arising out of this marital union, as the marital misconducts of the Defendant have caused/and or resulted in the squandering of martial funds. ATTORNEYS’ FEES 16. ‘That the Plaintiff would further show that he is without the necessary funds to pay his attomeys the fees incurred as a result bringing this action, all of which has been necessitated by the martial misconducts of the Defendant, thus this Court should award unto the Plaintiff a reasonable sum to be applied towards his attomeys’ fees herein. FREEDOM FROM INTERFERENCE 17 That the Defendant should be prohibited and otherwise ordered to refrain from any and all conduct and behavior that is calculated, designed by the Defendant or any third party on her behalf, to harass, threaten, intimidate or otherwise interfere with the Plaintiff's peace and dignity. REQUEST FOR TEMPORARY RELIEF 18, ‘That the Plaintiff would further show that due to the reckless actions of the Defendant a ‘Temporary Hearing should be held in this matter wherein the Court should award the following temporary relief to the Plaintiff: 4) Temporary ownership/possession of the parties dogs.Case: 61CH1:17-cv-00242 Document #:1 Filed: 02/03/2017 Page 7 of 10 b.) Temporary exclusive use and possession of all of the household goods; furnishings; appliances; removable fixtures; equipment; tools or the like; located in or about the former martial domicile ©.) Temporary exclusive use and possession of any automobiles or other vehicles of any kind or nature in his possession d.) Temporary payment of all marital debt to be paid by the Defendant €) Temporary award of attomey’s fees £.) Temporary order of the Court prohibiting the Defendant or any third party on her behalf, from harassing, threatening, intimidating or otherwise interfering with the Plaintiff's peace and dignity. WHEREFORE, PREMISES CONSIDERED, your Plaintiff, JUDSON T. SANDERS , herein prays that this, his swom Complaint for Divorce and Other Relief, shall be received and filed, and that proper process shall be thereafter issued to and upon this Defendant in the manner and time as required by law, therein commanding this Defendant, to be and further appear before this Court, as required by law, and in accord therewith to then and there answer or otherwise plead to this Complaint for Divorce and Other Relief and that upon a final hearing on the merits, this Court shall award unto the Plaintiff, JUDSON T. SANDERS a final divorce of and from the Defendant based upon one or all of the fault based grounds alleged hereinabove, and further ward unto the Plaintiff all of the permanent relief requested hereinabove; or in the alternate, that these parties be awarded a final judgment of divorce upon the ground Irreconcilable Differences, so long as there has been written consent to said ground accompanied by a proper and complete settlement contract/agreement therein making adequate provisionsCase; 61CH1:17-cv-00242 Document #:1 Filed: 02/03/2017 Page 8 of 10 for all matters and equitably resolving all issues concerning the disposition of all martial property and debt; and that in the interim this Court further grant unto the Plaintiff a temporary hearing wherein he is granted the following temporary relief: a.) Temporary ownership/possession of the parties dogs. b.) Temporary exclusive use and possession of all of the household goods; furnishings; appliances; removable fixtures; equipment; tools or the like; located in or about the former martial domicile c.) Temporary exclusive use and possession of any automobiles or other v. kind or nature in his possession 4.) Temporary payment of all marital debt to be paid by the Defendant €)) Temporary award of attorney's fees £) Temporary order of the Court prohibiting the Defendant or any third party on her behalf, from harassing, threatening, intimidating or otherwise interfering with the Plaintiff's peace and dignity. ‘The Plaintiff herein additionally prays for any and all other relief, be it general or specific, to which he may be otherwise so entitled by law. Respectfully Submitted, wat ie SANDERS, PLAINTIFFCase: 61CH1:17-cv-00242 Document #:1 Filed: 02/03/2017 Page 9 of 10 STATE OF MISSISSIPPI COUNTY OF HINDS: PERSONALLY appeared before me, this the undersigned authority in and for the aforesaid jurisdiction, the within named, JUDSON T. SANDERS who, after being by me, first duly swom, on his oath, stated that all the matters and things as set forth in the above and forgoing Complaint for Divorce and Other Relief, are to the best of his knowledge, true and correct as stated therein, and that same has not been filed by or as a result of collusion with the Defendant for the purpose of obtaining a divorce that would otherwise be improper but that the cause or causes for divorce in this Complaint are true as stated. WITNESS MY SIGNATURE this the 204 day of Alomar, 2017. JUDSON ERS SWORN AND SUBSCRIBED before me this the 24 day of Helo. 2017. PUBLICCase: 61CH1:17-cv-00242 Document #:1 Filed: 02/03/2017 Page 10 of 10 MSB # 1289 MSB #101171 AGNEW LAW OFFICE 418 YAZOO STREET JACKSON, MISSISSIPPI 39201 Telephone (601) 948-8624 Facsimile (601) 355-9190 ‘Attorneys for Judson T. Senders -10-a nnd Fore aod ‘fehane area, TTT Dk (x) Hina Detar acing incapacity ae mcf or Admnaratrt) ofa Et, td en Fe: ‘ate ct — ©heck x) neal Deena gn PSR Bs Nn Ow OREIY (RTA) FSD ARTY, Oa RY Di/Aer Agee poses ‘Tee ae of bans, cpa, pare gen W Caparo, ets Us sae whee neatpon Dec (x|# tains Defendant i acting in the ae ofa ny ate than te sbove, and ea below: i her Stic crete comecion 1 comeimene certs a Bou fame 5 me a ‘eensate Eae oer 1 curren Geers setiomere {J tarsnp reson (orien) EE) Minimars ot Tse auncr 1 mame crane Ged Forfetre J wsterctmplomertSensty Testa Brace Dechy aden 3) Werte Comperaion Ey wa coos over Bower.Case! 61CH1:17-cv-00242 Document #: 2 (Court only) Filed: 02/03/2017 Page 1 of 1 IN THE CHANCERY COURT OF RANI COUNTY, MISSISSIPPI Larry Swales P.O. Box 700, Brandon, MS 39043 601-825-1649 Receipt No. 10717 Date: 2/3/2017 Received From: AGNEW LAW OFFICES Transaction Type: Filing Fee Payment: Check Clerk: Amber Mccaughn Comments: Case No. Case title Amount Paid JUDSON T SANDERS 61CHI1:17-cv-00242 v. MELINDA KING __ Total Fee: $148.00 SANDERS Clerk: $75.00 Judicial: $40.00 Elec. Court: $10.00 Legal Asst: $5.00 Educ and Train: — $2.00 Court Constit: $0.50 Court Reporter: $10.00 Court Adm: $2.00 Law Library: $2.50 Archive: $1.00Case: 61CH1:17-cv-00242 Document #:3 Filed: 02/03/2017 Page 1 of 1 IN THE CHANCERY COURT OF RANKIN COUNTY, MISSISSIPPI JUDSON T. SANDERS PLAINTIFF vs. CAUSE NO: j\t- 242. MELINDA KING SANDERS DEFENDANT SUMMONS ‘THE STATE OF MISSISSIPPI: ‘TO: MELINDA KING SANDERS 804 GLENDALE COURT BRANDON, MISSISSIPPI (OR WHEREVER SHE MAY BE FOUND) NOTICE TO DEFENDANT(S) ‘THE COMPLAINT WHICH IS ATTACHED TO THIS SUMMONS IS IMPORTANT AND YOU MUST TAKE IMMEDIATE ACTION TO PROTECT YOUR RIGHTS. You are required to mail or hand-deliver a copy of a written response to the ‘Complaint to Levoy Bryant Agnew, IV. the attomey for the Plaintiff(s), whose street address is 418 Yazoo Street, Jackson, MS 39201. Your response must be mailed or delivered within (30) days from the date of delivery of this summons and complaint or a judgment by default will be entered against you for the money or other things demanded in the complaint. You must also file the original of your response with the Clerk of this Court within a reasonable time afterward. Issued under my hand and seal of said Court, this i day of Felgutty 0 LARRY SWALES ci RY OLERKCase: 61CH1:17-cv-00242 Document #:4 Filed: 02/03/2017 Page 1 of 1 IN THE CHANCERY COURT OF RANKIN COUNTY, MISSISSIPPI JUDSON T. SANDERS PLAINTIFF vs. CAUSENO: _/2 ~ 242 MELINDA KING SANDERS DEFENDANT { ‘SUMMONS STATE OF MISSISSIPPI COUNTY OF RANKIN: TO: MELINDA KING SANDERS 804 GLENDALE COURT BRANDON, MISSISSIPPI (OR WHEREVER SHE MAY BE FOUND) NOTICE TO DEFENDANT, THE COMPLAINT OR PETITION WHICH IS ATTACHED TO THIS SUMMONS IS IMPORTANT AND YOU MUST TAKE IMMEDIATE ACTION TO PROTECT YOUR RIGHTS. ‘You are summoned to appear and defend against said complaint or petition at 0 0’ Clock _A\__ mm. on the 14 day of ___Feb 20. ‘before the Honorable jn the Courtroom of the RANKIN COUNTY CHANCERY COURTHOUSE in BRANDON MISSISSIPPI, and in case of your failure to appear and defend a judgment will be entered against you for the relief demanded in the ‘Complaint. You are not required to file an answer or other pleading but you may do so ifyou desire Issued under my hand and seal of sid Court this the <> day of DIES, 2017, LARRY W. SWALES; CHANCERY CLERKPROOF OF SERVICE-SUMMONS Case: 61CH1:17-cv-00242 Détwaenbéver) Filed: 02/14/2017 Page 1 of 1 (Use separate proof of service for each person served) Nelda Sandons ‘Name of Person or Entity Served 1, the undersigned process server, served the subpoena upon the person or entity name above in the manner set forth below (process server must check space end provide all additional information that is requested and pertinent to the mode of service used): FIRST CLASS MAIL AND ACKNOWLEDGMENT SERVICE, By mailing (first lass tail, postage prepaid) copies to the person served, together with copies of the form of notice and acknowledgment and return envelope, postage prepaid, addressed to the sender (Attach completed acknowledgement of receipt pursuant to M.R.C.. form 1B). X_ PERSONAL SERVICE, I personally delivered the summons with complaint or petition attached to NiavGo anita 0 the Y# day of 20. where I found said person in i County of the State Mississippi. RESIDENCE SERVICE. After exercising reasonable diligence 1 was unable to ‘Geliver copies to said person by leaving a true copy of the summons with the complaint or petition attached with who is the a member of the family of the person served above the age of sixteen years and willing to receive the summons and complaint on the date of, and thereafter on the __day of, I mailed, (By first class mail, postage prepaid) copies to the person served at his or her usual place of abode where the copies were left. CERTIFIED MAIL SERVICE. By mailing to an address outside of Mississippi Gy first class mail, postage prepaid, requiring a return receipt) copies to the persons served. (Attach signed return receipt or other evidence of actual delivery to the person served.) At the time of service I was at least 18 years of age and not a party to this action. Fee for service $ Process BI iP yw: (Please print or type) Al ‘Name =A Address Telephone Number: STATE OF COUNTY OF Personally appeared before pe ths upyeyjengd authority in the stxte and county 3 ithi ie re who being first duly sworn states ‘et forth in the foregoing “Proof of service-Summons”PROOF OF SERVICE-SUMMONS Case: 61CHI:17-cv-00242 Dewemeasénér) Filed: 02/14/2017 Page 1 of 1 (Use separate proof of service for each person served) handuna ‘Name of Person or Entity Served I, the undersigned process server, served the subpoena upon the person or entity name above in the manner set forth below (process server must check space and provide all additional information that is requested and pertinent to the mode of service used): FIRST CLASS MAIL AND ACKNOWLEDGMENT SERVICE, By mailing (first ‘lass mail, postage prepaid) copies to the person served, together with copies of the form of notice and acknowledgment and return envelope, postage prepaid, addressed to the oe (Attach completed acknowledgement of receipt pursuant to M.R.C.P, form 1B). __X PERSONAL SERVICE, Tp % delivered ons with complaint or Petition attached to mn day of Aeiag 20/1 ced Neha AU ie County of the State Mississippi. RESIDENCE SERVICE. Afier exercising reasonable diligence I was unable to deliver copies to said person by leaving a true copy of the summons with the complaint or petition attached with who is the ‘amember of the family of the person served above the age of 5 complaint on the date of, ee mailed, (By first class mail, postage prepaid) copies to the person served at his or her usual place of abode where the copies were left CERTIFIED MAIL SERVICE. By mailing to an address outside of Mississippi (by first class mail, postage prepaid, requiring a retum receipt) copies to the persons served, (Attach signed return receipt or other evidence of actual delivery to the person served.) At the time of service I was at least 18 years of age and not a party to this action. Fee for service Process server must list below: (Please print or type) Address. Telephone Number: STATE OF \ COUNTY OF Personally appeared before 4 authority in the state and county aforesaid, the within name ‘who being first duly swom states on oath that the matters and facts set forth in the foregoing “Proof of service-Summons” are true and correct as therein stated. cer (Signature) bed before me on this the _\4*° gy of. Monure 1. L NOTARY aQunn (erFite Case: 61CH1:17-cv-00242 Document #:7 — Filed: 02/14/2017 ae 14 207 IN THE CHANCERY COURT OF RANKIN COUNTY, wississite Sates Judson T. Sanders - mann vs. CAUSE NO. 17-242 _ ‘Melinda K. Sanders DEFENDANT Ane Aggeeel onDER FOR CONTINUANCE THIS CAUSE having come on this day for hearing, on the ore cenus motion of barn t- to continue this matter to the extent that the Court should at a later date and time certain further consider the matters before the Court, and the Court having called all interested parties as summonsed in this cause, and finding that it has jurisdiction over the parties and subject matter herein, and on being fully advised in the premises, finds that the motion is well taken and should be granted. IY IS, THEREFORE, ORDERED, ADJUDGED and DECREED that the hearing previously set for this day be and hereby is continued to the 22” tay of 2017, at 402 _ oelock A_m., before the Hon. Haydn J. Roberts, Chancery Court Judge, Place 3, at the Rankin County Chancery Court Building, in the Place Courtroom, Brandon, Mississippi, at which time the Court shall further consider said matters in this cause. Further it is ordered, adjudged and decreed that any subpoenas previously issued and returnable to this day be and the same are hereby continued to the above date and time. yt $0 ORDERED, ADJUDGED and DECREED this, the 14> day of 2017. APPROVED: = ible laanftit ey for Defendant