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Home My WebLink About07-5488I N THE LOUR"T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff _~ C y- 5yP8~ ~~ ~-~ v. Civil Action -Law KVti1rK 1 A. LJ=,tSU, Defendant DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 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 Petitioner. You may lose money or property or other rights important to you, inciuuing custuuy or vtsitauun ut yuw cissiuseu 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 Cumberland County Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3323 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR b~XYENSES I3El•'UKE THE YINAL UECtcrb Ur iJ1VU1Cl:~; UK ANNULivihNl [J r/N~i~ERGiJ, 'vuli iviAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YO11 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. Lawyer Referral Service Cumberland County Bar Association 33 S Bedford Street Carlisle, Pennsylvania 1'7013 T~iAnnn~,:~• a lR~?m nan_ otpR (717) 249 3166 AVISO PARR DEFENDER Y RECLAMAR DERECHOS LISTED HA SIDO DEMANDADO EN LA CUR'I'E, Si desra defenderse de las queajas expuestas en las paginas siguientes, debe tomar action con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anularnienro puede ser emitido en su contra por la Cotte. Una decision puede tambien ser emirida en su coonra por cualquier otra queja o compensation reclamados par ei demandante. Usted puede perder dinero, o prociedades u orros derechos importantes para usted. ~atal2liV la U4JG (JaI IS Gl Ulv V1U[V GJ UWif~'ULtlilllGJ U llJllll~1ss91CILLU il, t}fal auit. UGi ,uau iu,~„iv, uowu Ni~~uG avu~ilu( consejo matrimonial. Una lists de consejeros matruuoniales esta dispanible en la oficina del Prothono~y, cn la Cumberland County Courthouse ] Courthouse Square Carlisle, PA 17013-3323 £00/Z00f~J '~'d X~Aillt Z9£b+t~SB+LTL XE'3 L5~6 SILL LOOZ/8T/SO SI USTYD NO RELAMA PENSION ALiMENTICIA, PROFIEDAD MARITAL, HONORARI05 DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQU[ERA I)EL F,LLOS. USTED DEBE LLEVAR ES't'1/ PAP)/L A UN AIiUGADU Ut: 1NiV1L1)IA~U. J1 ivU -t>;ivt v rvv ruEuc PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA10 PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIALEGAL. Lawyer Referral Service of the Cumberland County Bar Association 33 S Bedford Street Carlisle, Pennsylvania 1')013 Telefono: 3 (800) 990- 9108 (71'7) 249 3 ] 66 E00/EOOQ] '~'d 3I~IQIf ZBBiP+648+LTL XV3 L5~6 ffi7,L LOOZ/8T/80 i 1 F A (~~TMTT ,F; ~`nVER SHEET DATE: September 18, 2007 TC1T4T NTTn~T~FR nF P4(~,FC T1~T('T T iTITN(T C'(IVFR 4NF.1~'T• 3 T0: NAME: Ms. Joyce Miller FIRM: Cumberland County Prothonotary FAX#: (7171240-6573 FROM: NAME: Pavlina Lubenov-Johns, Paralegal to N. Christopher Menges FIRM: MENGES, MCLAUGHLIN, CUNNINGHAM & KALASNIK, PC FAX: 717- R54.436?. PHONE #: 717. 843.8046 ext. 1122 RE: Alice Lebn v. Robert Lebo COMMENTS: Enclosed please find Notice to defend in the above mentirn~ed matter. SAME TO FOLLOW BY MAIL: No An attorney transmits the information contained in this telefacsimile, It is privileged acid confidential, intended only f'or the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If this communication has been received in error, please immediately notify us by telephone, call collect if necessary, and return the original message to us at the above address via the U.S. Postal Service (we will reimburse postage). Thank you EUU/IUUI~] '~'d x~)~AI Z9£6+b48+LTL XVd L5~6 :~f1,L LUUZ/8t/!SU .~ ,~ .~ I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO, Plaintiff v. ROBERT A. LEBO, Defendant 0'1- ~ $$ Civ~ I ~errn Civil Action -Law DIVORCE COMPLAINT UNDER §3301(C) OR §3301(D) OF THE DIVORCE CODE 1. The Plaintiff is Alice F. Lebo, who is an adult individual currently residing at 723 North West Street, Apartment 1, Carlisle, Pennsylvania 17013 in Cumberland County, Pennsyl- vania, since approximately September 1, 2005. 2. The Defendant is Robert A. Lebo, who is an adult individual currently residing at 16 Valley Street, Carlisle, Pennsylvania 17013-3143 in Cumberland County, Pennsylvania, since approximately September 30, 2006. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 21, 2003, at New Kingstown, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. COUNTI DIVORCE -SECTION 3301(c) and/or 3301 (~ 6. The marriage is irretrievably broken. t ..- '. 7. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests the Court to enter a Decree of Divorce. MENGES, McLAUGHLIN, CUNNINGHAM &~ALAS Dated: "t ~ W N. Christopher ~i"enges quire Attorneys for Plainti Sup. Ct. I.D. No. 2 6 145 East Market York, PA 17401 TELEPHONE: (717) 843-8046 .~ .•, `. VERIFICATION ~3~0/% o~ I verify that the statements made in this ' ~I~t• (att ,are true and~33p/~Q/ 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. ~~ Date: ~ ~ ~ (~ ~- t: p .,, .~ ', ~ ~ ~ ~+..~ J L ~ ~ !~~ f.~ ~ ~ ~. . tj ..-1.7 ~~;,: + ~. O ~ ~_! ~ ~~ V ~ ^ ~' ~ ~n ~o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO Plaintiff No. 07-5488 Civil Term v. ROBERT.LEBO, CERTIFICATE OF SERVICE I, N. Christopher Menges, Esquire, do hereby certify that a true and correct copy of the Divorce Complaint was served on the below named, by placing same in the United States Maii, first-class postage prepaid thereon, addressed as follows: Samuel L. Andes, Attorney for Defendant P.O. Box 168, Lemoyne, PA 17043. Attached herewith as Exhibit "A" is an Acceptance of Service signed by Samuel L. Andes, Attorney for Defendant. MENGES, McLAUGHLIN, IK, P.C. Dated: ~~-~--U N. Christopt'~er M#en Esquire Sup. Ct. LD. No. 23 145 East Market Street York, PA 17401 (717)843-8046 Attorney for Plaintiff Civil Action -Law Defendant DIVORCE .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO, 07-5488 Civil Term Plaintiff v. Civil Action -Law ROBERT A. LEBO, Defendant DIVORCE ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquire, Attorney for Defendant, accept service of the Divorce Complaint on behalf of my client Robert A Lebo and I certify that I am authorized to do so. Date: ~ ~ ~~'~ (~ ~Sa~uel L. Andties; Esquire Attorney for Defendartt, Robert A Lebo Address: P.O. Box 168 Lemoyne, Pennsylvania 17043 EXHIBIT b1~'~t?~` ~±~N~~~n3 t ;~.~(1G.., .. . ., ~~ Q ~ lea 1402 ~ i ~~ ~~ ~~ I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO, No.: 07-5488 Civil Trial Plaintiff v. Civil Action -Law ROBERT A. LEBO, Defendant DIVORCE PETITION FOR PRESERVATION OF ASSETS 1. The Plaintiff is Alice F. Lebo, who is an adult individual currently residing at 723 North West Street, Apartment 1, Carlisle, Pennsylvania 17013 in Cumberland County, Pennsyl- vania, since approximately September 1, 2005. 2. The Defendant is Robert A. Lebo, who is an adult individual currently residing at 16 Valley Street, Carlisle, Pennsylvania 17013-3143 in Cumberland County, Pennsylvania. since approximately September 30, 2006. 3. The Plaintiff and Defendant were married on November 21, 2003, at New Kingstown, Cumberland County, Pennsylvania. 4. Wife filed the above captioned divorce on September 2007. 5. The parties' marital estate consists virtually of only Husband's 401 k. 6. Wife has requested and received assurances from Husband's counsel that there would no withdrawals and, in fact, Husband's counsel stated the account had been frozen prohibiting withdrawal from either party. A copy of the Letter from Attorney Samuel L. Andes is attached hereto, incorporated herein by reference and marked Exhibit "A." 7. Wife received confirmation that Husband had "withdrawn the majority of the account and only a residual balance remains" from the administrator of the 401k, Fidelity. A copy of the Letter from Fidelity is attached hereto, incorporated herein by reference and marked Exhibit `B." WHEREFORE, the Plaintiff/ Petitioner) Wife requests that this Honorable Court freeze Husband's 401k plan, prohibit Husband from decreasing either through withdrawals or transferring to other accounts the balance of that account, as well as an immediate accounting of all funds Husband has removed from the 401k from January 2006 to present; a freeze of all accounts of every nature into which funds were deposited from the 401 K since Date of separation, September 17, 2007. Dated: MENGES, McLAUGHLIN, CUNNINGHAM & KALASNIK y /"~ /~ N. Christopher Me e squire Attorneys for Plaintiff Sup. Ct. I.D. No. 23166 145 East Market Street York, PA 17401 TELEPHONE: (717) 843-8046 SAMUEL L. ANDES ATTOENEY AT LAW 525 NOETH TWELFTH STREET P. O• BOX 168 ntaII.ING Annasss: LEMOYNE, PENNSYLVANIA 17043 TELEPHONE P.O-BOS 168 (717) 761-3381 LEMOYNEr PA 17043.0168 FAX E-MAIL: LawP.ndes~aol.com (717) 761-1433 29 August 2007 N. Christopher Menges, Esquire 145 East Market Street York, P.4 1?401 RE: Lebo Dear Chris: I have your letter of 23 August 2007. I spoke to Mr. Lebo about that and he denies removing money from the 401 (k) Plan. He believes the account has been frozen and that no one can remove money from it. I have asked him to provide me with more information and, when I get that, I will share it with you. In the meantime, if you file something, please be certain I receive a copy so that I can respond to it. Sincerely, L. Andes amh cc: Mr. Robert A. Lebo r~L.. ~:_ ~ ~_ Gw~ ~~a r 3~ ~ ~A ~U C ~, ~~ EXHIBIT 9 VERIFICATION PURSUANT TO Pa.R.C.P. No. 1024(C) N. Christopher Men eg_s, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this verification as an attorney because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has a greater personal knowledge of the information than that of the party for whom he makes this verification; and that he has sufficient knowledge or information and belief based upon his investigation of the matters averred or denied in the forgoing document; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that this statement is made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ~--_' Date: /~~02 /~ 7 'stop er Me s, Esquire Supreme Court LD. o. 23166 C') ~ ~ ~T. ~ a ..t.,, ~ ~ .3 Ct1 ~=_ E 1 .' ~~9 a~ ~~ i~~ ,~ ,+~ ~~ ..f ~ ^~ ALICE F. LEBO, ~ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-DIVORCE ROBERT A. LEBO, Defendant No. 07-5488 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR PRESERVATION OF ASSETS BEFORE OLER, J. ORDER OF COURT AND NOW, this 22"d day of October, 2007 upon consideration of Plaintiff's Petition for Preservation of Assets, a hearing is scheduled for Monday, December 3, 2007, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, PA. It is further ordered that until the disposition of this matter following the hearing: 1. Husband is barred from depreciating, transferring, reclassifying or tampering, in any way, with the value, type, or substance of Husband's 401 K plan; 2. An immediate accounting of all funds Husband has removed from the 401 K from January to present; and 3. Husband's 401K is frozen and withdrawals by Husband or anyone on Husband's behalf are prohibited. BY THE COURT, 4 V ~ ~~ ~~ W Y ~~V 4~MY A'tJ~f!Gr~~d~~~~~~1~~~;~~~ alb,. ~0 ~~~-!a~~-C3~~L~ N. Christopher Menges, Esquire -' MENGES, McLAUGHLIN, CUNNINGHAM & KALASNIK 145 East Market Street York, PA 17401 Attorney for Plaintiff Samuel Andes, Esquire 525 North 12`h Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant Copy ~.~<<~L.. ~ol~~~~~ -~~ fY ALICE F. LEBO, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION -DIVORCE ROBERT A. LEBO, ) N0.07-5488 CIVIL TERM Defendant ) ORDER ~_. AND NOW this day of _.k~~=~-, , 2007 it appearing that Robert Lebo is unavailable for the hearing scheduled for Monday, December 3, 2007, because of a medical problem, we hereby continue that hearing generally, on the condition that Mr. Lebo will not make any further withdrawals, disbursements, or expenditures from the retirement account which is the subject of the petition on which the hearing was scheduled pending further order of this Court without the prior written consent of his wife. The matter will be rescheduled upon the request of either party. Distribu~t'on: ~/N. Christopher Menges, Attorney for Plaintiff, 145 East Market Street, York, PA 17401 Samuel L. Andes, Attorney for Defendant, P.O. Box 168, Lemoyne, PA 17043 GoP~~- ~.~.~ ~, !~ S'~U'T -~ " 1 BY THE COURT, ~ ~ ~_. ~._ -~; ~ ;~~- ti ` F,J'3 ~•~~ f~!= ,y,s. t ''- =~ t~U t"i ~ °~ ~: ±Li ~ ; .y h~- _ ~ C ~ .. ra r ~ ALICE F. LEBO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-DIVORCE ROBERT A. LEBO, Defendant No. 07-5488 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR PRESERVATION OF ASSETS ORDER OF COURT AND NOW, this 18th day of December, 2007, upon consideration of the attached letter from N. Christopher Menges, Esq., attorney for Plaintiff, a hearing is scheduled for Wednesday, January 23, 2008, at 3:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, '7 ,~ F ~ • r J..' esley Ol , Jr., J. i r ;~. Christopher Menges, Esquire MENGES, McLAUGHLIN, CUNNINGHAM & KALASNIK 145 East Market Street York, PA 17401 Attorney for Plaintiff ~'amuel Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant rc '~ ~ I ~ 9 ~ ~ ~~a ~~V4 ~~~~~~~ r NGES ~cLAU~i-~.nv ~UNNINGHAM 1lZ~ALASNIK r.c. ATTORNEYS AT L.AW December 13, 2007 The Honorable J. Wesley Oler, Jr. 3udge of the Court of Common Pleas Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 RE: Alice Lebo v. Robert A. Lebo Docket # 07-5488 Civil term Dear Judge Oler: lv. CHRISTOPHER MENGES SHAWN P MCLAUGHLIN DARRYL w. CUNNINGHAM JOSEPH A. KALA$NIK SYDNEY C. H. BENSON JOSHUA B. BODENE OF COUNSEL: FRED E. Ku.GORE Please allow this letter to serve as a request to reschedule hearing on Petition for preservation of assets in the abovementioned matter scheduled for December 4`~', 2007, and cancelled at the request of Defendant's counsel, Samuel Andes. ~~ If you have any questions, please feel free to contact me. Thank you. Very truly yours, MENGES LAUGH , CUNN AM & SNIK, ,, r' ~: N. Christopher Menge , E uire NCM/Plj Cc: Samuel Andes Alice Lebo ~E~ ~ 4 2001 ~k PLEA~REPLY T'O: U 14J EAST MARKET STREET ^ 18 EAST KING STREET 2ND FLOOR ^ 39-41 EAST FoRREST AvE. Box 17 ^ 211 KENNEDY COURT SUITE H YORx, PA 17401 LANCASTER, PA 17602 SHREWSBURY, PA 17361 i1t11VOVER, PA 17331 Px 717-843-8046 PH 717-560-5068 PH 717-235-2990 PH 717-632-1784 FAx 717-854-4362 FAx 717-735-7709 FAx 717-235-2327 FAx 717-632-2433 TOLL FREE 1-866-464-5297 TOLL FREE 1-866-464-5297 TOLL FREE 1-866-464-5297 TOLL FREE 1-866-632-1784 Email YorkC~YourLawFirmForLife.com Email Laueaster@YourlawFirmForLife com Email ShmwsburvC~YourLawFirmForLife.com Email Hanover@YourLawFirmForLife.com www.YouRLAwFu~FoRLiFE.coM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO, No.: 07-5488 Civil Trial Plaintiff v. Civil Action -Law ROBERT A. LEBO, Defendant DIVORCE CERTIFICATE OF SERVICE I, N. Christopher Menges, Esquire, do hereby certify that a true and correct copy of the foregoing Plaintiff s First Set of Interrogatories Directed to Defendant was served upon the below named, by placing same in the United states Mail, first-class postage prepaid therein. addressed as follows: Samuel L. Andes, Esquire Attorney for Defendant, Robert Lebo 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Dated: o~• l3 ~ MENGES, McLAUGHLIN, K, LLP I~. (;hristophe~lvtenge , squire Attorney for Plaintiff Sup. Ct. I.D. No. 23166 14s East Market Street York, PA 17401 TELEPHONE: (717) 843-8046 ° ~ ~ t;c' ~3 F r ~ v ' ' ~., .: '? ~.,:. r t e C'7 !'T'1 ~ ~j t"", {=~ , -+ ~ "Ct w} ~ w~ ~ ~ ' .+.. ..,~ r I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO, No.: 07-5488 Civil Trial Plaintiff v. Civil Action -Law ROBERT A. LEBO, Defendant DIVORCE CERTIFICATE OF SERVICE I, N. Christopher Menges, Esquire, do hereby certify that a true and correct copy of the foregoing Plaintiff's First Request for Production of Documents Directed to Defendant, was served upon the below named, by placing same in the United states Mail, first-class postage prepaid thereon, addressed as follows: Samuel L. Andes, Esquire Attorney for Defendant, Robert Lebo 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 MENGES, McLAUGHLIN, CUNNINGHAM & KALASNIK, LLP /7i~~~ Dated: ~~~ '~~~~'"~~ N. Chri~her Meng ~squ r Attorney for Plaintif Sup. Ct. I.D. No. 23166 145 East Market Street York, PA 17401 TELEPHONE: (717) 843-8046 ~--~ G„~ o ~°~. d ~~ ~ ~~. ~ ~~ ~: ; '' ;,.. Cr:: ~' ~5.~ r r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plamhff Vs File No. ~~j(j7 -.~ ~ 5 ~ gg IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /defendant in the above matter, [select one by m/arking "x"] J prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of ,and gives this written notice avowing his /her intention pursuant to the provisions of 54 P.S. 704. Date: ~ Signature Signature of name b i g resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF L:uw~ ~e,r I ~4h•c~ On the day of ~ ~ ~~-'~ ~ ~ , 200, before me, the Prothonotary or the notary public, personally appeared the above affiant known 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 hereunto set my hand and official seal. ~~/,to~ l~J ~f 'T~ Prothonotary or Notary Public .....~. NOTARUIL SEAL PFtOTHONOTARI; NOTARY PUBLIC CM~Y COMMCISSION fXP{RES JANIaARYO~~ 2p p E C -.~,, C ~' `ta ~ v 1 _ r a:.' n r' ? ~ r ~Z J ~; ~ ~ ~ ~ ' ' x' +~ ~ ~J 1 (~ 7 ` ""~ ~„ ~ a l 2'- L- a c .~. „~ ' , a, „ '~ . ALICE F. LEBO, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. } CIVIL ACTION -LAW ROBERT A. LEBO, ) NO. 07-5488 CIVIL TERM Defendant ) IN DIVORCE PETITION FOR LEAVE TO WITHDRAW AS ATTORNEY FOR DEFENDANT AND NOW comes Samuel L. Andes, attorney at law, and petitions the court for leave to withdraw as the attorney of record in this matter for the Defendant Robert A. Lebo, based upon the following: 1. Petitioner herein is Samuel L. Andes, an attorney at law who maintains his principal office for the practice of law at 525 North 12th Street in Lemoyne, Cumberland County, Pennsylvania. 2. The Respondents are the parties and Plaintiff's attorney, whose name and address appears below. 3. Defendant engaged Petitioner to represent him in this divorce action and related matters more than a year ago. Since that time, Petitioner has devoted his efforts to performing his professional obligations to Defendant and to protecting Defendant's interests in this litigation. 4. As a result of certain actions taken by Defendant, Petitioner is no longer able to acquit his professional responsibilities to Defendant or to this court. The actions of Defendant which have created this problem include: a. Defendant has failed to supply Petitioner economic information which Petitioner has repeatedly requested. b. Defendant has repeatedly disregarded and failed to comply with instructions and advice given to Defendant by Petitioner. c. Defendant has failed to disclose to Petitioner, fully and accurately, actions which Defendant has taken contrary to the instructions and advice to Petitioner. d. Defendant has failed to communicate with Petitioner as requested by Petitioner. 5. The ability of Petitioner to perform his professional and ethical duties to Defendant, to the other parties in this litigation, and to the court has been compromised by the actions of Defendant. 6. Petitioner has provided a copy of this Petition to the Respondents and believes that the Respondents will not concur with his request for leave to withdraw as Defendant`s attorney. - 7. Previous matters in this action have been assigned to the Honorable J. Wesley Oler. WHEREFORE, Petitioner prays this court to grant him leave to withdraw as Defendant`s attorney in this matter. amuel L. An s Attorney at Law Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date : /~3/~aDD 7' a el L. es CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document the following, by regular mail, postage prepaid, addressed as follows: N. Christopher Menges, Esquire 145 East Market Street York, Pa 17401 Ms. Alice Lebo c/o N. Christopher Menges, Esquire 145 East Market Street York, Pa 17401 Mr. Robert A. Lebo 16 Valley Street Carlisle, PA 17013 Date: ~o~,/~~`~~~~ ~ ` Amy .Harkins Secretary for Samuel L. Andes C? ~ ~_ ~... rF ~^ar -~ ~ ' ~_ ~~ .~ i' / ~ Q"Y c~ ~` ~, T v ~.~ "~ ~ %_ ~~ i :..~~lt _{ ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO, § No.: 07-5488 Civil Trial Plaintiff § v. § Civil Action -Law ROBERT A. LEBO, § Defendant § DIVORCE PLAINTIFF/WIFE'S PETITION FOR SPECIAL RELIEF 1. The Petitioner is the above-captioned Plaintiff, Alice Lebo, an adult individual residing at 16 Coral Drive, Carlisle, Pennsylvania 17013. 2. The Respondent is the above-captioned Defendant, Robert A. Lebo, an adult individual residing at 16 Valley Street, Carlisle, Pennsylvania 17013 who was represented by Samuel L. Andes, Esquire, but Attorney Andes has filed a Petition to Withdrawal as counsel. 3. The primary marital asset in this matter is a 401(k) account which contained approximately $122,000.00 but was depleted post separation sometime in June, 2007. A copy of the statement showing said withdrawal is attached hereto, marked Exhibit "A," and incorporated in by reference. 4. In order to try to trace the proceeds of this $122,000 withdraw from the 401(k) done by Defendant/Respondent/Husband, Petitioner/Plaintiff/Wife has served on Husband's counsel, a Request for Production of Documents and Interrogatories. 5. Defendant/Respondent/Husband has so far failed and refused to produce any documents, answer any interrogatories and/or give any information that was requested through counsel as a result of informal discover and requests by letter. 6. Since the 401(k) account balance of approximately $122,000 was the primary and only real asset of this marriage, it is absolutely imperative that Plaintiff/Petitioner/Wife learn the location of said proceeds from the withdrawal of said $122,000 to the extent that any proceeds still exist and that same be "frozen". 7. Without the relief requested, it is believed that Defendant/Respondent/Husband is likely to secrete, alienate, spend, give, borrow against and or in some other way deplete whatever is left of the proceeds so as to deny Plaintiff/Petitioner/Wife access to this marital asset and any ability to equitably distribute the marital property of these parties. 8. This matter is the subject of a Petition for Preservation of Assets before this Honorable Court. A Temporary Order was entered into the Court on October 22, 2007. A true and correct copy of the current order is attached hereto, marked Exhibit "B," and incorporated herein by reference. A hearing in the matter relative to a permanent Order is scheduled for January 23, 2008. It should also be noted that the withdrawal by Respondent/Defendant/Husband, Robert A. Lebo in, June, 2007, was before entry of the Temporary Order and not after, and, therefore, is not able to be dealt with by a contempt action. WHEREFORE, Petitioner/Plaintiff/Wife, Alice F. Lebo prays the Honorable Court for the following reliefs A. That the Court order the Respondent/Defendant/Husband, Robert A. Lebo to divulge the whereabouts of whatever is left of the proceeds of $122,388.34, withdrawn from his TYCO 401(k) in June, 2007; B. That the Court order the Respondent/Defendant/Husband, Robert A. Lebo, to turn over to Plaintiff s counsel, all bank statements and similar documentation showing the whereabouts of said proceeds and the tracing of same from the withdrawal to their present location; C. That the Court order the Respondent/Defendant/Husband, Robert A. Lebo, to have his accounts in whatever form in which the remaining proceeds of the said $122,388.34 withdrawal is currently contained, to be frozen so as to make it such that he may not alienate, sell, cash in, give, pledge, borrow against or in any other way adversely affect Petitioner/Plaintiff/Wife's interest therein under the Divorce Code; D. That the Court order Respondent/Defendant/Husband, Robert A. Lebo, to fully comply with the discovery requests filed by Petitioner/Plaintiff/Wife and to answer all such Interrogatories and furnish all such documents requested within thirty (30) days or suffer sanctions without further Order of Court, such sanctions including but not limited to payment of attorney's fees; E. That the Court direct Respondent/Defendant/Husband, Robert A. Lebo, to pay to counsel for Petitioner/Plaintiff/Wife, the sum of $1,000 in attorney's fees for bringing this Petition as well as the Petition for Preservation of Assets along with ongoing attorney's fees thereafter; F. Such other relief as maybe deemed appropriate-ar~i necessary. a.• vlu aV 1V~111V1 1~1 V116VJ, 1 1' Attorney for Plaintiff Sup. Ct. I.D. No. 231 145 East Market Street York, PA 17401 TELEPHONE: (717) 843-8046 Page 1 of 5 E~E!*t`N1~GS Tyco Electronics Retirement Savings and Investment Plan ROBERT A LEBO 16 VALLEY STREET CARLISLE, PA 17013- YOUr Accoun# Summary Beginning Balance Your Contributions Tyco Electronic Contributions Loan Repayments Withdrawals Fees Change in Account Value Ending Balance Ad diti ona I Information Vested Balance Dividends & Interest Prin. t_Ths_P.age Retirement Savings Statement 'B Customer Service: (877) 902-0243 Fidelity Investments Institutional Services Co. 82 Devonshire Street Boston, MA 02109 Statement Period: 06/01/2007 to 06/30/Z007 $122,854.38 $21.82 $109.08 $469.67 -$122,388.34 -$32.50 -$969.26 $64.85 $64.85 $0.68 Your Persorlal Rate of Return a,t- *y~,~}~p~ q Lye rr i ;` ,La i;. ~ r' ~~. { ~ '. r t -~..r~,~ ~~ ~e,~.- t 5 - i1' ~~'f ~°to;'-, F. Your Rersor-al Rate of Return is calculated with atime-weighted formula, widely ased by financial analysts to calculate investment earnings. It reflects the results of your investment selections as well as-.any activity in the plan account(s) shown. There are other Personal Rate of Return formulas used that may yield different results. Remember that past performance is no guarantee of future results. Your ASSet A1'IOGatlo'In Statement`Period: 06/01/2007 to 06/30/2007 EXHIBIT https://plansponsorservices100.fidelity.com/plansponsor/sponsor/online_statement detail.... 12/06/2007 hJ ~~ ~~ C1 C) C1 a~ pi ~~ r~ E~ h~ ~t) A) e~ ~~ G) 01 CS a~ hJ ~) Al ea a~ C1 u~ bb u~ ni G! ~~ AL1CE F. LEBO, ~ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-DIVOItcE RECEIWED BY ROBERT A. LEBO, OCT 2 ~ 20fl7 Defendant No. 07-5488 CIVIL TERM N.~M- IN RE: PLAIN'TIFF'S PETITION FOR PRESERVATION OF ASSETS BEFORE OLER, J. ORDER OF COURT AND NOW, this 22°d day of October, 200? upon consideration of Plaintiff's Petition for Preservation of Assets, a hearing is scheduled for Monday, December 3, 2007, at 1:30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, PA. it is further ordered that until the disposition of this matter following the hearing: 1. Husband is barred from depreciating, transferring, reclassifying or tampering, in any way, with the value, type, or substance of Husband's ~ U 401K plan; 2. An immediate accounting of all funds Husband has removed from the 401K ~ b from January to present; and t~. d 3. Husband's 40IK is frozen and withdrawals by Husband or anyone on H Husband's behalf are prohibited. ~ ~± BY THE COURT, ~ «a ~i b 00 0 TRUE COPY FROM AECORU ~ n restirno~y wi~eaf, I hero u ~- ~~ and the Beet t said Court at ~ Fa. , i~-~ . o0 ~o EXHIBIT *`~ ":~~ .-x ~," ~~ M' #. .,' ~ E r i.' .~ ~S;i ~ t. Tl :~' 3` ~4 -A ~ 0 7 2008 ,~~ ALICE F. LEBO, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION -LAW } ROBERT A. LEBO, ) NO. 07-5488 CIVIL TERM Defendant ) IN DIVORCE ORDER OF COURT AND NOW this ~ day of 2008, upon the Petition of Samuel L. Andes to withdraw as the attorney for the Defendant, Robert A. Lebo, a Rule is hereby issued upon the Respondents to show cause, if any they have, why MR. Andes should not be granted leave to withdraw. The Rule shall be served upon the Respondents by regular mail at the addresses listed below and shall be returnable ~~ days from the date of service. BY THE COURT, J. Distribution: Samuel L. Andes, Esquire (Petitioner) 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 N. Christopher N. Menges, Esquire (Attorney for Plaintiff) 145 East Market Street, York, PA 17401 Ms. Alice Lebo (Plaintiff) c/o N. Christopher N. Menges, Esquire 145 East Market Street, York, PA 17401 Mr. Robert A. Lebo (Defendant) 16 Valley Street, Carlisle, PA 17013 ~o ~ Fs rn~~ ~ !k/DS <~ ~r"7 ~, _, .. i a= {_ .M ~ ~ ~-- .. _ lY3 r,,,.. ..~'. `,~, 3 t _ 1 . .++ ~• err +++ ~':' { f F '...w.. ` t ~ ~ `S /~mo ~ ~ V ~t ALICE F. LEBO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-DIVORCE ROBERT A. LEBO, Defendant No. 07-5488 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of January, 2008, upon consideration of Plaintiff's Petition for Special Relief, and following a telephone conference on January 16, 2008, with Plaintiff's counsel, N. Christopher Menges, Esq., and Defendant's counsel of record, Samuel L. Andes, Esq., and Defendant's counsel having not concurred with the petition or agreed to any temporary relief, it is ordered and directed as follows: 1. A hearing is scheduled on Plaintiff's Petition for Wednesday, January 23, 2008, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania; 2. Defendant shall be prepared at the hearing to testify in detail as to the whereabouts of any funds that he has withdrawn or transferred from the 401(k) account which is the subject of Plaintiff's petition; 3. Pending the hearing and further order of court Plaintiff shall not dispose of, transfer, alien, encumber, dissipate, decrease, or otherwise adversely affect Plaintiff's interest in any such withdrawn or transferred funds; and 4. The terms of the Order of Court dated October 22, 2007, shall also remain in full force and effect. BY THE COURT, / , ~. ~, ~ i~. /`~ '~: esley Ol , Jr., J. ~~`,a~:.,,. ~~~{ r~.L-~ _ ltA+i i'' ::.i ~ ~~~ ~~ ~ ~ ~~~' ~~i~~ -~~, ~ ~ t.~`!l ~,,_F~..,_ .. N. Christopher Menges, Esquire MENGES, McLAUGHLIN, CUNNINGHAM & KALASNIK 145 East Market Street York, PA 17401 Attorney for Plaintiff Samuel Andes, Esquire 525 North 12`h Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant Robert A. Lebo 16 Valley Street Carlisle, PA 17013 Co~;ss m~~~- /~! g /~S rc 1 .~ ALICE F. LEBO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-DIVORCE ROBERT A. LEBO, Defendant No. 07-5488 CIVIL TERM ORDER OF COURT AND NOW, this 24`h day of January, 2008, upon consideration of Plaintiff's Petition for Special Relief, and following a hearing held on January 23, 2008, it is ordered and directed as follows: 1. Within 30 days of the date of this order Defendant shall serve upon Plaintiff's counsel, without objection, the following: a. Answers to Plaintiff's outstanding interrogatories and copies of the documents requested in Plaintiff's outstanding request for production of documents, in verified form in accordance with the Pennsylvania Rules of Civil Procedure; b. A release authorizing and directing State Farm Insurance Company to release any information requested by Plaintiff's counsel regarding any life insurance policy issued on Plaintiff's life; and c. A release authorizing and directing Wachovia Bank to release any information requested by Plaintiff's counsel regarding any account of Defendant, including any certificate of deposit, at the said bank, for the period from June 1, 2007, to the present; 2. Within 45 days of the date of this order, Defendant shall submit to a deposition noticed by Plaintiff's counsel; i rf .,, ~~~~ i^ `~ i? 1 S i ~ ~,~i. S`,y4~~ ~,t,.17~, ~,~ _, ~ Jt ~.$i.. ..1'.1 t ~, 3. The constraints upon Defendant contained in the prior Orders of Court dated October 22, 2007, and January 17, 2008, shall remain in full force and effect. BY THE COURT, .I r' %'~ '.,~ t /; ~L J~~Wesley Olen r., J. N. Christopher Menges, Esquire MENGES, McLAUGHLIN, CUNNINGHAM & KALASNIK 145 East Market Street York, PA 17401 Attorney for Plaintiff Samuel Andes, Esquire 525 North 12`" Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant Robert A. Lebo 16 Valley Street Carlisle, PA 17013 ~D'J i E.S /n~c . /~~~ae ~~ :rc ALICE F. LEBO, Plaintiff v ROBERT A. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07-5488 CIVIL TERM DIVORCE IN RE: RECORD DECLARED CLOSED ORDER OF COURT AND NOW, this 23rd day of January, 2008, upon consideration of Plaintiff's Petition for Special Relief, and following a hearing, the record is declared closed, and the matter is taken under advisement. By the Court, r J, esley Ol r', .~, J• N. Christopher Menges, Esquire 145 East Market Street York, PA 17401 For Plaintiff / Samuel L. Andes, Esquire 525 N. 12th Street P.O. Box 168 Lemoyne, PA 17043-1213 For Defendant Co ~ ~ ~S ~~ , L~~ ,~a~~d8 ~, 1 mae ~ ....._ ~~ ~.~ ~: _ ; `y ca ~ {: .- _.~ ~. _ _ .. ~ ~,~ f=- =-i - -_. LL_ e_, ~, r..,. ALICE F. LEBO, Plaintiff ) vs. ) ROBERT A. LEBO, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO.07-5488 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE AND NOW comes Samuel L. Andes and moves this Court to make absolute its Rule and grant him leave to withdraw as counsel for Robert A. Lebo in this matter, based upon the following: 1. The movant is Samuel L. Andes. Movant filed a petition for leave to withdraw as counsel for Robert A. Lebo in January, 2008. 2. The Court issued a Rule on Defendant, Plaintiff, and Plaintiff s counsel, to show cause, if any they had, why Mr. Andes should not be granted leave to withdraw as counsel for Robert A. Lebo. 3. Mr. Andes duly served the Rule upon Plaintiff, Defendant, and Plaintiff's counsel. Plaintiffs counsel expressed his consent to allowing Mr. Andes to withdraw on behalf of himself and Plaintiff. Plaintiff and her attorney have filed no response to the Rule. 4. The Rule was served upon Robert A. Lebo, by certified mail, on 18 January 2008. The time for Mr. Lebo to respond to the Rule has expired and he has filed no response. WHEREFORE, Samuel L. Andes moves this Court to make absolute its Rule in this matter and grant him leave to withdraw as counsel for Robert A. Lebo. Samuel L. Andes Attorney-at-Law I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: I ~ 3 n ~ o~ SAMUEL L. AND S CERTIFICATE OF SERVICE I hereby certify that on ~a ~SA-~ 2008, I served a copy of the foregoing document upon the Defendant and upon counsel for Plaintiffby U.S. Mail, postage prepaid, addressed as follows: N. Christopher Menges, Esquire 145 East Market Street York, PA 17401 Mr. Robert A. Lebo 16 Valley Street Carlisle, PA 17013 Samuel L. Andes Attorney-at-Law Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717)761-5361 ~ri r ` ~ ~ - t ~ C~ ca _ z~ ~~~.. ~ ~ tl r -~~ x ~'~ ;.~, d~ ~' L ,lAN 31 2008 ~,/ ALICE F. LEBO, Plaintiff vs. ROBERT A. LEBO, Defendant ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 07-5488 CIVIL TERM AND NOW, this _ 3~~ day of ~ ~Jj . , 2008, upon the motion of Samuel L. Andes, it appearing that no party has opposed his earlier motion for leave to withdraw as counsel, we hereby make absolute our Rule in this matter. Samuel L. Andes is now granted leave to withdraw as counsel for Robert A. Lebo in this matter. The Prothonotary is directed to mark its records accordingly. J. Distribution: Christopher Menges, Attorney for Plaintiff, 145 East Market Street, York, PA 17401 ,Se[muel L. Andes, P.O. Box 168, Lemoyne, PA 17043 ,~obert A. Lebo, pro se, 16 Valley Street, Carlisle, PA 17013 (~~G~ ~~- BY THE COURT, j ~j~~('~~;~Ii~~ftlZ~tS~if~d ft.~JVt !f rr-. f'i~. 4 r-;a r~r-te~'` hJ L € ~ f 1 N~ f -- 83~ 800Z A~fl~lvu~s.Q~d 3H! ~0 ~~~~~~i~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO now ALICE F. SWENGEL, § No. 07-5488 Civil Trial Plaintiff § v, § Civil Action -Law ROBERT A. LEBO, § Defendant § DIVORCE PLAINTIFF'S PETITION FOR CONTEMPT AND SANCTIONS 1. Your Petitioner is the above-referenced Plaintiff, Alice F. Lebo now Alice F. Swengel, an adult individual residing at 16 Coral Drive, Carlisle, Pennsylvania 17013. 2. The Respondent is the above-referenced Defendant, Robert A. Lebo, an adult individual residing at 16 Valley Street, Carlisle, Pennsylvania 17013. 3. The parties have previously been before the Court regarding their pending divorce action. The primary asset of the parties' marriage is a 401(k) account in Husband's name alone. Husband's dissipation of the account was the subject of a prior Petition for Special Relief filed by Petitioner/Wife on January 9, 2008. A true and correct copy of Wife's Petition for Special Relief is attached hereto, marked Exhibit "A" and incorporated herein by reference. 4. As a result of the Petition for Special Relief, an Order was entered on January 17, 2008, scheduling the matter for a hearing on January 23, 2008. A true and correct copy of the Court's Order is attached hereto, marked Exhibit "B" and incorporated herein by reference. Prior to the scheduled hearing date, Samuel L. Andes, attorney for Robert A. Lebo filed a Petition to Withdraw as counsel for Respondent citing his inability to continue to acquit his professional responsibilities to Respondent and the Court as a result of certain actions of the Respondent, Robert A. Lebo. Samuel L. Andes, Esquire, was granted leave to withdraw as counsel. Since Januazy 31, 2008, Respondent, Robert A. Lebo, is pro se. 6. Following the hearing held January 23, 2008, an Order was entered requiring Respondent, Robert A. Lebo, to answer the outstanding Interrogatories and Request for Production of Documents which had been served upon his counsel on or about December 13, 2007. In addition, Robert A. Lebo was required to sign a release in favor of Petitioner's counsel for release of information from State Farm and Wachovia Bank. Finally, Robert A. Lebo was directed to submit to a deposition noticed by Petitioner's counsel. A true and correct copy of the Order is attached hereto, mazked Exhibit "C", and incorporated herein by reference. 7. By letter dated Januazy 30, 2008, counsel forwarded to Respondent copies of the previous Orders, the proposed Releases for State Farm and Wachovia for his execution as well as a Notice of Deposition requiring Respondent's appeazance for depositions on February 22, 2008. A true and correct copy of the letter and enclosures are attached hereto, mazked Exhibit "D" collectively, and incorporated herein by reference. 8. On February 22, 2008, the pazalegal for Petitioner's counsel took a call from Esther Lebo, Respondent's mother, indicating that Respondent was ill and that he could not appeaz in counsel's office for the depositions. Esther Lebo inquired as to whether the depositions could be rescheduled. Counsel for the Petitioner agreed that the deposition could be rescheduled. 9. In a second conversation between Esther Lebo and the pazalegal on February 22, 2008, a rescheduled date was proposed to Ms. Lebo for the taking of Respondent's deposition. At that time, Esther Lebo provided her assurance that Mr. Lebo would be available on Mazch 6, 2008, at 1:00 p.m., the rescheduled date and time for the deposition. Confirmation of the rescheduling was forwarded to Respondent on or about February 22, 2008. A true and correct copy of the letter and Notice of Deposition is attached hereto, marked Exhibit "E" and incorporated herein by reference. 10. On March 5, 2008, paralegal for Petitioner's counsel took a call from Esther Lebo, Respondent's mother, indicating that Respondent could not appear in counsel's office for the depositions. 11. Following consultation with Petitioner's counsel, the pazalegal returned a call to Esther Lebo informing her that if Respondent would provide Answers to the Interrogatories that it may not be necessary for Respondent to appeaz for purposes of taking his deposition. In addition, counsel's pazalegal suggested that perhaps the location for the taking of the deposition could be moved closer to Respondent's home rather than in York as originally scheduled. Esther Lebo was informed that Respondent either needed to appeaz for a deposition or provide Answers to the Interrogatories on or before Mazch 15, 2008. She further indicated to Esther Lebo that if Respondent did not comply, a Petition for Special Relief/Contempt would be filed with the Court. Esther Lebo ultimately hung up on the pazalegal. A true and correct copy of the pazalegal's Memo to Petitioner's counsel outlining the conversation with Esther Lebo is attached hereto, marked Exhibit "F" and incorporated herein by reference. 12. To date, Petitioner's counsel has not received Answers to the Interrogatories nor any further communication from Respondent or from Respondent's mother, Esther Lebo, on his behalf. 13. Petitioner's counsel has not received the executed Authorizations for State Farm and Wachovia from the Respondent, Robert A. Lebo, as Ordered by the Court. 14. Respondent, Robert A. Lebo, has consistently been uncooperative throughout the entire divorce proceeding to Petitioner's great detriment not only as it relates to the dissipation of assets but in the expenditure of counsel fees in connection with Respondent's conduct. Given Respondent's conduct, Petitioner was required to previously file with the Court a Petition for Special Relief and a Petition for Preservation of Assets. 15. Respondent, Robert A. Lebo, is in contempt of Court for his failure to comply with the terms of the Court's Order dated Januazy 24, 2008. WHEREFORE, Petitioner/Plaintiff, Alice F. Lebo now Alice F. Swengel prays the Honorable Court for the following relief: A. That the Court find Respondent, Robert A. Lebo, in contempt of Court for his violation of and non-compliance with the terms of the Court's Order of January 23, 2008; B. That the Respondent, Robert A. Lebo, be immediately required to appear before this Honorable Court for purposes of divulging the whereabouts of the remainder of the proceeds of $122,388.34 withdrawn from his TYCO 401(k) in June of 2007; C. That the Respondent, Robert A. Lebo, be immediately required to turn over to Petitioner's counsel, all bank statements and similar documentation showing the whereabouts of said proceeds and the tracing of same from the date of withdrawal to the present time; D. That once the proceeds of the 401(k) are located, that the Court Order that the proceeds be frozen so as to make it such that Respondent, Robert A. Lebo, may not alienate, sell, cash in, give, pledge, borrow against or in any other way adversely affect Petitioner's interest therein under the Divorce Code; E. That the Court require Respondent, Robert A. Lebo, to immediately execute the appropriate Releases/Authorizations for State Farm and Wachovia Bank; F. That the Court require Respondent, Robert A. Lebo, to pay counsel fees to Petitioner's counsel in the amount of $1,000.00 for the preparation and presentation of the within Petition; G. That the Court require Respondent, Robert A. Lebo, to pay additional counsel fees in the amount of $1,000.00 imposed upon him as sanctions for his contempt of Court; H. Such other relief and/or sanctions as may be deemed appropriate and necessary including but not limited to the issuance of a warrant for the arrest of Robert A. Lebo for his failure to cooperate and/or comply with prior and/or future Orders of Court. ,~- ~ ,, c__w_ N. Christopher Menges sq ire Attorney for Petitioner Sup. Ct. I.D. No. 23166 145 East Market Street York, Pennsylvania 17401 Telephone: (717) 843-8046 VERIFICATION I verify that the statements made in this Petition, 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. Date: ~\~~'`~' P ALICE F. SWENGEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO, § No.: 07-5488 Civil Trial r~ ~: ru ~ n Plaintiff § _ ~ ~ i ~`' § Civil Action -Law ~.' __~ ~ ; ~` u v. ; c_. § ROBERT A. LEBO, § _ ~ _:' - r- ... ~ ~ rn Defendant § DIVORCE ~ ~~ .. ~... ~ PLAINTIFF/WIFE'S PETITION FOR SPECIAL RELIEF 1. The Petitioner is the above-captioned Plaintiff, Alice Lebo, an adult individual residing at 16 Coral Drive, Carlisle, Pennsylvania 17013 2. The Respondent is the above-captioned Defendant, Robert A. Lebo, an adult individual residing at 16 Valley Street, Carlisle, Pennsylvania 17013 who was represented by Samuel L. Andes, Esquire, but Attorney Andes has filed a Petition to Withdrawal as counsel. 3. The primary marital asset in this matter is a 401(k) account which contained approximately $122,000.00 but was depleted post separation sometime in June, 2007. A copy of the statement showing said withdrawal is attached hereto, marked Exhibit "A," and incorporated in by reference. 4. In order to try to trace the proceeds of this $122,000 withdraw from the 401(k) done by Defendant/Respondent/Husband, Petitioner/Plaintiff/Wife has served on Husband's counsel, a Request for Production of Documents and Interrogatories. EXHIBIT Defendant/Respondent/Husband has so far failed and refused to produce any documents, answer any interrogatories and/or give any information that was requested through counsel as a result of informal discover and requests by letter. 6. Since the 401 {k) account balance of approximately $122,000 was the primary and only real asset of this marriage, it is absolutely imperative that Plaintiff/Petitioner/Wife learn the location of said proceeds from the withdrawal of said $122,000 to the extent that any proceeds still exist and that same be "frozen". 7. Without the relief requested, it is believed that Defendant/Respondent/Husband is likely to secrete, alienate, spend, give, borrow against and or in some other way deplete whatever is left of the proceeds so as to deny Plaintiff/Petitioner/Wife access to this marital asset and any ability to equitably distribute the marital property of these parties. 8. This matter is the subject of a Petition for Preservation of Assets before this Honorable Court. A Temporary Order was entered into the Court on October 22, 2007. A true and correct copy of the current order is attached hereto, marked Exhibit "B," and incorporated herein by reference. A hearing in the matter relative to a permanent Order is scheduled for January 23, 2008. It should also be noted that the withdrawal by Respondent/Defendant/Husband, Robert A. Lebo in, June, 2007, was before entry of the Temporary Order and not after, and, therefore, is not able to be dealt with by a contempt action. WHEREFORE, Petitioner/Plaintiff/~Wife, Alice F. Lebo prays the Honorable Court for the following relief: A. That the Court order the Respondent/Defendant/Husband, Robert A. Lebo to divulge the whereabouts of whatever is left of the proceeds of $122,388.34, withdrawn from his TYCO 401(k) in June, 2007; B. That the Court order the Respondent/DefendantlHusband, Robert A. Lebo, to turn over to Plaintiff s counsel, all bank statements and similar documentation showing the whereabouts of said proceeds and the tracing of same from the withdrawal to their present location; C. That the Court order the Respondent/Defendant/Husband, Robert A. Lebo, to have his accounts in whatever form in which the remaining proceeds of the said $122,388.34 withdrawal is currently contained, to be frozen so as to make it such that he may not alienate, sell, cash in, give, pledge, borrow against or in any other way adversely affect Petitioner/Plaintiff/Wife's interest therein under the Divorce Code; D. That the Court order Respondent/Defendant/Husband, Robert A. Lebo, to fully comply with the discovery requests filed byPetitioner/Plaintiff/Wife and to answer all such Interrogatories and furnish all such documents requested within thirty (30) days or suffer sanctions without further Order of Court, such sanctions including but not limited to payment of attorney's fees; E. That the Court direct Respondent/Defendant/Husband, Robert A. Lebo, to pay to counsel for Petitioner/Plaintiff/Wife, the sum of $1,000 in attorney's fees for bringing this Petition as well as the Petition for Preservation of Assets along with ongoing attorney's fees thereafter; F. Such other relief as maybe deemed appropriat~.anji necessary. Attorney for Piaintiff~6~" Sup. Ct. I.D. No. 231 145 East Market Street York, PA 17401 TELEPHONE: (717) 843-8046 3 ~~~ EIECI~t'IGS Tyco Electronics Retirement Savings and Investment Plan ROBERT A LEBO 16 VALLEY STREET CARLISLE, PA 17013- Your Account Summary Beginning Balance Your Contributions Tyco Electronics Contributions Loan Repayments Withdrawals Fees Change in Account Value Ending Balance Additional Information Vested Balance Dividends & Interest Page 1 of 5 Print._This_.Page Retirement Savings Statement ~ Customer Service: (877) 902-0243 Fidelity Investments Institutional Services Co. 82 Devonshire Street Boston, MA 02109 Statement Period: 06/01/2007 to 06/30/2007 $122,854.38 $21.82 $109.08 $469.67 -$122,388.34 -$32,50 -$969.26 $64.85 $64.85 $0.68 Your:Personai Rate of Return Tl~s den '~ ~ ' A ,._ _._ ._, _ -~i.7% _~ Your Personal Rate of Return is caiculated with atime-weighted formula, widely used by financial analysts to caieulate investment earnings. It reflects the results of your ir+vestrnent selections .as weN as any activity in the plan account(s) shown. There .are other Personal Rate of:Retu.rn fiormrzlas used that may-yield different:res>Jlts. Remember that past ~errormance is no guarantee of future results. Your ~-sset ~-llocation statement Penod:o6/oi/zoo7 to o6j3o/2o07 EXHIBIT d n D t~. s https://plansponsorservices 100.fidelity.com/plansponsor/sponsor/online statement detail.... 12/06/2007 PJ C) d~ C7 C) G1 a~ A5 0~ ~~ ~. d PJ +C? A~ GJ ~d I;) fl~ cy ~~ hJ in A~ e~ ad C1 u~ bd U) 1~ 7 G1 _a ALICE F. LEBO, Plaintiff v. ROBERT A. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE RECEIVED BY No. 07-5458 CIVIL TERM DIrT 2 ~ 2DD7 N.C.M_ iN RE: PLAII\TTIFF'S PETITION FOR PRESERVATION OF ASSETS BEFORE OLER, J. ORDER OF COURT AND NOW, this 22"d day of October, 2007 upon consideration of Plaintiff's Petition for Preservation of Assets, a hearing is scheduled for Monday, December 3, 2007, at 1:30 p.m., in Courtroom No. i, Cumberland County Courthouse, Carlisle, PA. It is further ordered that until the disposition of this matter following the hearing: I. Husband is barred from depreciating, transferring, reclassifying or tampering, in any way, with the value, type, or substance of Husband's 40IK plan; 2. An immediate accounting of all funds Husband has removed from the 401K from January to present; and 3. Husband's 40IK is froaen and withdrawals by Husband or anyone on Husband's behalf are prohibited. BY THE COURT, L~9 C~ !d1 t?1 b O ~+ to «a ~i w rq N O TRUE COPY FROM AECORU ~~. ~n Testimony why, I t~tie u ~- ~~ and t~ Se»f f safid Coat st ~ ~ Pa. EXHIBIT ~ ALICE F. LEBO, Plaintiff v. ROBERT A. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-DIVORCE No. 07-5488 CIVIL TERM ORDER OF COURT AND NOW, this 17`x' day of January, 2008, upon consideration of Plaintiff's Petition for Special Relief, and following a telephone conference on January 16, 2008, with Plaintiff s counsel, N. Christopher Menges, Esq., and Defendant's counsel of record, Samuel L. Andes, Esq., and Defendant's counsel having not concurred with the petition or agreed to any temporary relief, it is ordered and directed as follows: 1. A hearing is scheduled on Plaintiff's Petition for Wednesday, January 23, 2008, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania; 2. Defendant shall be prepared at the hearing to testify in detail as to the whereabouts of any funds that he has withdrawn or transferred from the 401(k) account which is the subject of Plaintiff's petition; 3. Pending the hearing and further order of court Plaintiff shall not dispose of, transfer, alien, encumber, dissipate, decrease, or otherwise adversely affect Plaintiff's interest in any such withdrawn or transferred funds; and 4. The terms of the Order of Court dated October 22, 2007, shall also remain in full force and effect. BY THE COURT, ~ ,r~ , / r / ~ '`; J :~ ;~,~ ~/ i. / '7. Wesley O1` , Jr., J. EXHIBIT ~ ~ t~ ~ ' " ~ ~~l ~a~~~~#, ~ r,.,_ ~ti i~ N. Christopher Menges, Esquire ME ES, McLAUGHLIN, INGHAM & KALASNIK 145 East Market Street York, PA 17401 Attorney for Plaintiff Samuel Andes, Esquire 525 North 12`1' Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant Robert A. Lebo 16 Valley Street Carlisle, PA 17013 rc ---DICE F. LEBO, %y- Plaintiff v. -~.~OBERT A. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-DIVORCE No. 07-5488 CIVIL TERM ORDER OF COURT AND NOW, this 24t~' day of January, 2008, upon consideration of Plaintiff's petition for Special Relief, and following a hearing held on January 23, 2008, it is ordered and directed as follows: 1. Within 30 days of the date of this order Defendant shall serve upon Plaintiff's counsel, without objection, the following: a, Answers to Plaintiff's outstanding interrogatories and copies of the documents requested in Plaintiff's outstanding request for production of documents, in verified form in accordance with the Pennsylvania Rules of Civil Procedure; b. A release authorizing and directing State Farm Insurance Company to release any ~nivniia~luii requested by Plaintiff's counsel regarding any life insurance policy issued on Plaintiff's life; and c. A release authorizing and directing Wachovia Bank to release any information requested by Plaintiff's counsel regarding any account of Defendant, including any certificate of deposit, at the said bank, for the period from June 1, 2007, to the present; 2. Within 45 days of the date of this order, Defendant shall submit to a deposition noticed by Plaintiff s counsel; RECEIVED BY EXHIBIT JAN 2 5 2007 N.C.M. 3. The constraints upon Defendant contained in the prior Orders of Court dated October 22, 2007, and January 17, 2008, shall remain in full force and effect. BY THE COURT, 7 ~ :` 1 f\ ~ . J~VJesley Ole Jr., J. N. Christopher Menges, Esquire M GES, McLAUGHLIN, INGHAM & KALASNIK 145 East Market Street Yorlc, PA 17401 Attorney for Plaintiff Samuel Andes, Esquire 525 North 12t~' Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant Robert A. Lebo 16 Valley Street Carlisle, PA 17013 rc t.. t . '_' ~-t~'1 ru ~ y.6 _. ~~i~~. ~.~u ~ ~NGES ~ ~ ` 1~'11CLAUGHLIN ~U~TNINGHAM ATTL3i2NEYS AT LAw Robert A. Lebo 16 Valley Street Carlisle, Pennsylvania 17013 RE: Alice F. Lebo v. Robert A. Lebo Dear Mr. Lebo: N. CHRISTOPHER MENGES SHAWN P. MCLAUGHLIN DARRYL W. CUNNINGHAM JOSEPH A. KALASNIK SYDNEY C. H. BENSON 1 JOSHUA B. BODENE ~ ~t; ~ ~ ~' OF C U NSEL: O ~ , 7~ FRED E. 111LGORE Enclosed please find copies of the Orders entered by the Court in your case on January 23, 2008 and January 24, 2008. Pursuant to the terms of the January 24~' Order, you have been directed to execute Releases in my favor so that I may obtain information from State Farm and Wachovia Bank. I am enclosing the Authorization/Releases for your review and execution. Please return the fully-executed Authorization/Releases to my attention in the self-addressed stamped envelope provided herewith. Enclosed also please find a Notice of Deposition requiring your appearance in my York office on Friday, February 22, 2008, at 3:00 p.m. for purposes of taking your deposition. Pursuant to the terms of the January 24~' Order, your attendance at the deposition is required. Please govern yourself accordingly. Very truly yours, Menges, McLaughlin, Cunningham & Kalasnik, P.C. N. Christopher Menges, Esquire G~ NCM/bak Pc: Alice F. Swengel ASE REPLY TO: PL E _ ~ [3145 EAST MARKET STREET ^ 18 EAST KING STREET 2Nn FLOOR ^ 39-41 EAST FORREST AvE. Box 17 ^ 211 KENNEnY COinZT SUTTE 8 YoRx, PA 17401 LANCASTER, PA Y, PA 17361 HANOVER, PA 17331 Px 717-843-8046 Px 717-560- EXHIBIT -235-2990 Px 717-632-1784 FAx 717-854-4362 FAx 717-735- -235-2327 FAx 717-632-2433 TOLL FREE 1-866-464-5297 TOLL FREE 1-866 ~ -866-464-5297 TOLL FREE 1-866-632-1784 Email York@YourlawFirmForLifacom Email w ' Email Hanover®Yo~aLawFinnForLife.com .COM January 30, 2008 RELEASE AND AUTHORIZATION TO: State Farm Life Insurance Company 1449 Granville Road Newark, Ohio 43093-0001 RE: Robert A. Lebo 16 Valley Street Carlisle, PA 17013 Alice F. Lebo v. Robert A. Lebo Court of Common Pleas of Cumberland County, Pennsylvania Docket No. 07-5488 Civil Term You are hereby authorized and directed to furnish to the person or firm indicated below, any and all information regarding any policy/policies of insurance through State Farm in the name of Robert A. Lebo, including but not limited to Policy #10649675, to include a history of the policy from the date of inception to the present time, including any loans taken against the policy, cash surrender values, etc., or any other information concerning said policy/policies of insurance as may be requested. You may furnish them with copies of any and all records requested. A photocopy of this authorization shall be considered as effective as the original. This authorization shall be effective until June 30, 2008. The person(s) or firm authorized to receive this information is: N. Christopher Menges, Esquire Atty. I.D. #23166 145 East Market Street York, Pennsylvania 17401 (717) 843-8046 Date: ROBERT A. LEBO AUTHORIZATION FOR RELEASE OF INFORMATION TO: Wachovia Bank I, ROBERT A. LEBO, do hereby authorize the release of any and all information requested by N. Christopher Menges, Esquire, of the law firm of Menges, McLaughlin, Cunningham & Kalasnik, P.C., 145 East Market Street, York, Pennsylvania 17041, regarding any Wachovia Bank account owned by me, including any certificate(s) of deposit, for the period from June 1, 2007, to the present. This information will be used for legal purposes and, in particular, with regard to the law suit filed in the Cumberland County Court of Common Pleas styled as Alice F. Lebo v. Robert A. Lebo and docketed to No. 07-5488 Civil Term. This Authorization will remain in effect, without termination, unless revoked by me in writing. Revocation shall be given to the recipient of this Authorization. A photocopy of this Authorization shall be as valid as the original. Date: Signature: ROBERT A. LEBO SSN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO, NO. 07-5488 Civil Term Plaintiff vs. CIVIL ACTION -LAW ROBERT A. LEBO, . Defendant Divorce NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION TO: Robert A. Lebo 16 Valley Street Carlisle, Pennsylvania 17013 Pursuant to Pa. R.C.P. No. 4007.1 and related provisions, the Plaintiffs undersigned attorneys will take the Deposition of Robert A. Lebo for the purposes of discovery and or use at trial, before a Notary Public or some other person authorized by law to administer oaths, on Friday, February 22, 2008, beginning at 3:00 p.m. and continuing thereafter until completed. The Deposition will take place at the law office of Menges, McLaughlin, Cunningham & Kalasnik, P.C. located at 145 East Market Street, York, Pennsylvania 17401. Respectfully submitted, Menges, McLau hlin, Cunning & K nik, PC Dated: ~ ~~ ~ Ind. Christopher ng s, Esquire I.D. # 23166 Attorney for P int~ 145 East Mark treet York, Pennsylvania 17404 717-843-8046 ~NGES ' ~ ` 1~'J1CL,AUGHLIN ~UNNINGHAM CAI ASNIK. Pc. ATTORNEYS AT LAW February 22, 2008 Robert A. Lebo 16 Valley Street Carlisle, Pennsylvania 17013 FILE GQPI RE: Alice F. Lebo v. Robert A. Lebo No. 07-5488 Civil Term Dear Mr. Lebo: N. CHRISTOPHER MENGES SHAV~+N P. MC7L~A~U~GHLIN JOSEPH A. 11HLASNIK SYDNEY C. H. BENSON JOSHUA B. BODENE OF COUNSEL: DARRYL W. CUNNINGHAM FRED E. KILGORE This letter will serve to confirm the conversations I had with your mother, Esther Lebo, this date. It is our understanding that you are currently experiencing some health problems that precluded your attendance at the deposition this date. In addition, there was a great deal of uncertainty with regard to impending winter weather which may have made travel difficult. Accordingly, Attorney Menges agreed to a rescheduling of the depositions. Your deposition will now occur and be taken on Thursday, March 6, 2008, at 1:00 p.m. in our York office. I understand from your mother that your schedule is open for that date. Please govern yourself accordingly. Very truly yours, Menges, McLaughlin, Cunningham & Kalasnik, P.C. ~ r- Beth ing, Paralega for N. Christopher Menges, Esquire NCM/bak Pc: Alice F. Swengel PLEASE REPLY TO: ^ 14S EAST MARKET STREET ^ 18 EAST KING STREET 2ND FLOOR ^ 39-41 EAST FORREST AVE. BOX 17 ^ 211 KENNEDY COURT SUITE S YoxK, PA 17401 LANCASTER, PA 7 ssuRY, PA 17361 HANOVER, PA 17331 PH 717-843-8046 Px 717-56 EXHIBIT 17-235-2990 Px 717-632-1784 Fwx 717-854-4362 FAx 717-73 17-235-2327 FAx 717-632-2433 TOLL FREE 1-866-464-5297 TOLL FREE 1-86 ~ 1-866-464-5297 TOLL FREE 1-866-632-1784 Email York@YourLawFirmForLife.com Email 9 ~ w ' ~ e.c Email Hanover@YourLawFirmForLife.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO, Plaintiff NO. 07-5488 Civil Term ROBERT A. LEBO, vs. CIVIL ACTION -LAW Defendant Divorce NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION TO: Robert A. Lebo 16 Valley Street Carlisle, Pennsylvania 17013 Pursuant to Pa. R.C.P. No. 4007.1 and related provisions, the Plaintiff s undersigned attorneys will take the Deposition of Robert A. Lebo for the purposes of discovery and or use at trial, before a Notary Public or some other person authorized by law to administer oaths, on Thursday, March 6, 2008, beginning at 1:00 p.m. and continuing thereafter until completed. The Deposition will take place at the law office of Menges, McLaughlin, Cunningham & Kalasnik, P.C. located at 145 East Market Street, York, Pennsylvania 17401. Respectfully submitted, Dated: 2 ~ZZ ~~`~ Menges, McLaughlin, Cunningham & Kalasnik, PC r` N. Christopher Meng ,Esquire I.D. # 23166 Attorney for Plaintiff 145 East Market Street York, Pennsylvania 17404 717-843-8046 MEMO TO: NCM FROM: BAK RE: Lebo/Swengel DATE: 03/05/08 As per your instruction, I called Esther Lebo back. I informed her that if Mr. Lebo would answer the Interrogatories that were.served upon him back in October or November of 2007, that you may not even need to take Mr. Lebo's deposition. I informed her that the answers to the Interrogatories were long overdue as Mr. Lebo had thirty (30) days to respond to them following his receipt of them. I further communicated to her that perhaps Mr. Lebo's deposition could be taken at a location closer to his home rather than in York. She offered no response. I told her that Mr. Lebo either needed to appear for a deposition or provide answers to the Interrogatories on or before March 15th. If he did not comply, I informed her that you would be filing a Petition for Contempt with the Court. She attempted to engage me in an argument as to the history of this case, her son's medical condition, the interrogatories, the deposition, etc. Since she was argumentative, I somewhat cut her short, reiterated your offer of the deposition and/or answers before March 15th or contempt was going to be filed. She hung up on me. Her number is 243-6269 :~ EXHIBIT CERTIFICATE OF SERVICE I, Beth Ann King, Paralegal, do hereby certify that on the 12~' day of August, 2008, I caused to be deposited into the United States Mail at York, Pennsylvania, postage prepaid, ordinary mail, a true and correct copy of the foregoing Petition for Contempt and Sanctions addressed as follows: Robert A. Lebo 16 Valley Street Carlisle, PA 17013 Menges, McLaughlin, Cunningham & Kalasnik, P.C. Dated: ~ ~~- U~ ~ ' Beth Ann King, Paralegal ~~ *~a ~-- ~..~ ~ `;;; -.+~ ~„' ~y '~ ~ " c,, J C~ ~~ ~ ~~ } ~ti ~NGES 1~~.CLAUGHLIN ~UNN 1 t~G~IAM 1~ :ALAS N IK, p.c. ~'~TTf~R.VE:] S AT LAW I August 12, 2008 Curt Long, Prothonotary Cumberland County Court House One Courthouse Square Cazlisle, Pennsylvania 17013-33$7 RE: Alice F. Lebo now Alice F. Swengel v. Robert A. Lebo No. 07-5488 Civil Trial Dear Mr. Long: N. CHRISTOPHER NIENGES SHAWN P. MCLAUGHLIN DARRYL W. CUNNINGHAM JOSEPH A. KALASNIK GUNNAR L. ARMSTRONG SYDNEY C. H. BENSON ~F COUNSEL: FRED E. KILGORE Please be advised that I represent Alice F. Lebo. The Defendant, Robert A. Lebo, is pro se. Enclosed please find for filing with your office, an original and four copies of a Petition for Contempt and Sanctions and accompanying Orders (Scheduling, Rule Returnable and Granting of Petition). I understand that your office will forward this documentation to the Court Administrator for further handling. Enclosed also please find a self-addressed envelope for your use in returning same to my attention. I am also enclosing aself-addressed stamped envelope addressed to Mr. Lebo directly. In addition, by copy of this letter to Mr. Lebo, I am providing him with a copy of the within Petition. For purposes of assignment andlor scheduling, please note that this matter has been before the Honorable J. Wesley Oler, Jr., Judge, on several previous occasions. Should you need anything additional, please do not hesitate to contact me. Very truly yours, Menges, McLaughlin, Cunningham & Kalasnik, P.C. ~C~~~ ~~ ~ N. Christopher Menges, Esquire ~~ pc: Robert A. Lebo Alice F. Swengel Encs: E REPLY TO: P L A S E / , , / , ~ 145 EAST 1VIARKET STREET ^ 18 EAST KING STREET 2ND FLOOR ^ 39-41 EAST FORREST AVE. BOX 17 ^ 211 KENNEDY COURT SUITE 8 Yoxx, PA 17401 LANCASTER, PA 17602 SHREWSBURY, PA 17361 HANOVER, PA 17331 PH 717-843-8046 PH 717-560-5068 PH 717-235-2990 PH 717-632-1784 FAx 717-854-4362 FAx 717-735-7709 FAx 717-235-2327 FAx 717-632-2433 TOLL FREE 1-866-464-5297 TOLL FREE 1-866-464-5247 TOLL FREE 1-866-464-5297 TOLL FREE 1-866-632-1784 Email York@YourL,awFinnForLife.c~ Email Lancaster@Yourl,awFirmForLife com Email Shrewsbury@YourLawFirmForLife com Email Hanover@YourLawFinnForLife.com W W W.YOURLAWFIRMFORLIFE.COM AUG 14 200$ y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO now ALICE F. SWENGEL, Plaintiff v. ROBERT A. LEBO, Defendant § No. 07-5488 Civil Trial § Civil Action -Law § DIVORCE SCHEDULING ORDER AND NOW this 1 ~ ~ da of 2008, u on consideration of the Petition for Y ;~ ~~ r Contempt/Sanctions, ahearing will be held in this matter on ,/~~~~ ~ , 2008, at a = 3 (J , Ar~ZP.M. in Courtroom #~ at the Cumberland County Court House, 1 Courthouse Square Carlisle Pa. pa a en o is can ~ ,,, ~ to a a o e- scl~ec~lc~. ~ "" ~ BY THE COURT: ~.. `. ~-.- .,,_ ;~.~ ~~ cv =n, ;.' ~~ ~-~ ~ `= __3 , ~ ~ U ALICE F. LEBO, now ALICE F. SWENGEL, Plaintiff v. ROBERT A. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-5488 CIVIL TERM IN RE: PETITION FOR CONTEMPT AND SANCTIONS ORDER OF COURT AND NOW, this 22"d day of August, 2008, upon consideration of the attached letter from the office of N. Christopher Menges, Esq., attorney for Plaintiff, the hearing previously scheduled fqr December 4, 2008, is rescheduled to Thursday, December 18, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Christopher Menges, Esq. 145 East Market Street York, PA 17401 Attorney for Plaintiff ~ ~bert A. Lebo '`~ 16 Valley Street Carlisle, PA 17013 Defendant, pro Se :rc BY THE COURT, 1; ~ _ ;~y5'yr~7 /\. ~t ~ ~ ~ Ct X11 i:/ AEI ~"~ ~Z `~~~ a~Z ALICE F. LEBO, now ALICE F. SWENGEL, Plaintiff v. . ROBERT A. LEBO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-5488 CIVIL TERM IN RE: PETITION FOR CONTEMPT AND SANCTIONS ORDER OF COURT AND NOW, this 28~' day of August, 2008, due to a conflict in the Court's schedule, the hearing previously scheduled in the above matter for Thursday, December 18, 2008, at 9:30 a.m., is rescheduled to December 18, 2008, at 3:00 u.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ,~2~ Christopher Menges, Esq. 145 East Market Street York, PA 17401 Attorney for Plaintiff ,~ ~bert A. Lebo J 16 Valley Street Carlisle, PA 17013 Defendant, pro Se :rc ,., i' J/.';Wesley Ol , Jr., .- ~-r ; >ti i °, ,~ 4 ALICE F. LEBO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROBERT A LEBO, Defendant 07-5488 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of December, 2008, upon consideration of Plaintiff's Petition for Special Relief and following a hearing held on this date, the Court finds that the Defendant has intentionally, voluntarily, and willfully failed to comply with the terms of the Order of Court dated January 24, 2008, and he is consequently adjudicated in contempt. The Defendant is sentenced to undergo imprisonment in the Cumberland County Prison for a period of 4 months. The condition of purge with respect to this sentence is that the Defendant within 20 days of today's date serve upon Plaintiff's counsel, without objection, the following: (a) answers to Plaintiff's outstanding interrogatories and copies of the documents requested in Plaintiff's outstanding request for production of documents, in verified form in accordance with the Pennsylvania Rules of Civil Procedure, (b) a release authorizing and directing State Farm Insurance Company to release any information requested by Plaintiff's counsel regarding any life insurance policies issued on the Plaintiff's life; and (c) a release authorizing and directing Wachovia Bank to release any information requested by Plaintiff's counsel regarding any account of Defendant, including any certificate of deposit, at the said bank, for the period from June 1, 2007, to the present. In addition, the Defendant is directed to pay to Plaintiff as reimbursement for attorney's fees associated with the present Petition the sum of $1,000 within 30 days of today's date. Since the condition of purge with respect to the Defendant's sentence of imprisonment can be complied with within a period of 20 days from today's date, commencement of service of the period of imprisonment provided for herein shall be on Thursday, January 22, 2009, at 9:00 a.m. at which time the Defendant is directed to present himself in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania, without further order of Court for the purposes of commitment of sentence. In the event that Plaintiff's counsel has notified the Court by a formal filing that the Defendant has met the conditions of purge herein by that date, the Defendant need not appear. By the Court, ~ N. Christopher Menges, Esqui 145 East Market Street York, PA 17401 For the Plaintiff Robert A. Lebo, Defendant pro Se 16 Valley Street Carlisle, PA 17013 pcb ..-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO now ALICE F. SWENGEL, § No. 07-5488 Civil Term Plaintiff § v. § C° Action -Law ROBERT A. LEBO, § Defendant § DIVORCE PETITION FOR SPECL~I, RELIEF AND/OR FOR INTERVENOR ~+ AND NOW, TO WIT, this day of ~~~\~~~~ , 200 ,comes the Plaintiff, ALICE F. LEBO now ALICE F. SWENGEL, by and through her attorney, N. Christopher Menges, Esquire, his attorney, and files this Petition, whereof the following is a statement: 1. ALICE F. LEBO now ALICE F. SWENGEL is the Plaintiff (hereinafter referred to as "Wife") in the above-captioned action. 2. ROBERT A. LEBO is the Defendant (hereinafter referred to as "Husband") in the above-captioned action. 3. The parties were married on November 21, 2003, and Plaintiff/Wife filed a Complaint in Divorce on September 17, 2007. 4. Plaintiff/Wife filed a Petition for Preservation of Assets with the Court on October 18, 2007, alleging that the parties' marital estate consisted virtually only of Defendant/Husband's 401(k) account. 5. On October 22, 2007, the Honorable J. Wesley Oler, Jr., Judge, entered an Order barring Defendant/Husband from in any way depreciating, transferring, reclassifying or tampering in any way with the value, type or substance of his 401(k) Plan. Defendant/Husband was directed to provide an immediate accounting of all funds Defendant/Husband removed from the account. Lastly, the Court directed that Defendant/Husband's 401(k) account be frozen and withdrawals by Defendant/Husband or anyone on Husband's behalf be prohibited. 6. Plaintiff/Wife later learned that Defendant/Husband withdrew the entire proceeds of his 401(k) Plan in the amount of $122,854.38 sometime during the month of June, 2007. 7. Plaintiff/Wife filed a Petition for Special Relief on January 9, 2008, seeking an Order directing Defendant/Husband to answer outstanding discovery requests, including disclosure of the whereabouts of the funds withdrawn by DefendantlHusband from the 401(k) account. 8. On January 24, 2008, following a hearing on Plaintiff/Wife's Petition for Special Relief, an Order was entered by the Honorable J. Wesley Oler, Jr., Judge, directing Defendant/Husband to answer all outstanding discovery requests, execute appropriate releases authorizing Plaintiff/Wife's counsel to obtain additional information and submit himself for purposes of the taking of his deposition. 9. On August 13, 2008, Plaintiff/Wife filed with the Court a Petition for Contempt and Sanctions due to Defendant/Husband's failure to comply with the Court's Order of January 24, 2008, and as a result a hearing was scheduled. 10. A hearing was conducted by the Honorable J. Wesley Oler, Jr., on December 18, 2008. 11. At the time of the hearing, Defendant/Husband admitted that he gave to his mother, Esther Lebo, the sum of Fifty Thousand and 00/100 ($50,000.00) Dollars from the proceeds of his 401(k) account and that said proceeds were used by Esther Lebo to pay down the outstanding mortgage on her home located at 16 Valley Street, Carlisle, Pennsylvania. 12. Under the Pennsylvania Uniform Fraudulent Transfer Act (12 Pa.C.S. § 5101 et seq), Esther Lebo's receipt of the sum of Fifty Thousand and 00/100 ($50,000.00) Dollars, fraudulently given to her by Defendant/Husband, when said funds were a part of the marital estate, is a fraudulent transfer. 13. Under the Pennsylvania Uniform Fraudulent Transfer Act, a transferee of a fraudulent transfer can be sued and/or joined as a party. 14. Under the Divorce Code, the Divorce Court has broad powers of equity injoining a party as a defendant. 15. Under the Pennsylvania Uniform Fraudulent Transfer Act, Defendant/Husband has been rendered insolvent, thus making the transfer fraudulent and, as a result, Plaintiff/Wife is entitled to the transfer being set aside and/or a lien and/or execution against the transferee's real property located at 16 Valley Street, Carlisle, Pennsylvania, said real estate being currently titled in the name of Esther Lebo. 16. In order to address Defendant/Husband's gift to his mother, Esther Lebo, of said marital funds, and in order to try to retrieve said marital funds from Esther Lebo, Defendant/Husband's Mother, it is requested that Esther Lebo be joined as an intervenor. WHEREFORE, Plaintiff/Wife, Alice F. Lebo now Alice F. Swengel, requests this Honorable Court join Esther Lebo as an Intervenor with regard to the above captioned action; and, further, that this action be listed in the lis pendens against Esther Lebo and against her real estate at 16 Valley Street, Carlisle, Pennsylvania, as a lis pendens. Respectfully submitted, Menges, McLaugB~/Ka~nik, P.C. By: N. Christopher Menges Attorney I.D.# 23166 Attorney for Plaintiff/Wife 145 East Market Street ~` --~~~q York, PA 17401 Date: \ \ (717) 843-8046 VERIFICATION I, Alice F. Lebo now Alice F. Swengel, do hereby certify, subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities, that the facts set forth in the foregoing Petition for Special Relief and/or for Intervenor are true and correct to the best of my knowledge, information and belief. Date:. ~ ~ '~~ ~~l-'~R../ .;~_ ALICE F. LEBO now ALICE F. SWENGEL c N 3`-r ~ .. ..~ ; ~ - ~~ ~ ~- ~_ tY ,. } JAN 13 2009 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO now ALICE F. SWENGEL, § No. 07-5488 Civil Term Plaintiff § ~• § Civil Action -Law ROBERT A. LEBO, § Defendant § DIVORCE ORDER AND NOW this ~ day of 3~ , 200 `~, upon consideration of the foregoing Petition, a hearing shall be held on theme day of ~~I ~2~v , 2009, Q• h'- at •~ 3d in Courtroom #~_ of the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania, at which time the matter shall be heard. J. BY THE COURT: ~- ~ ~ ~&-~ ~ n ~ ~~~ ~~~~ _ a~ js~~, ~~ ~~ °~ ~ ~ ~~~' 60DZ j. c~ .~~~ ALICE F. LEBO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. , CIVIL ACTION - LAW ROBERT A LEBO, , Defendant 07-5488 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of January, 2009, upon consideration of the Order of Court dated December 18, 2008, regarding a condition of purge in the above-captioned matter, and / following a proceeding at which Plaintiff's counsel, Matthew D. Menges, Esquire, appeared and at which Defendant did not appear on a timely basis, and it having been indicated by Plaintiff's counsel that Defendant has complied with the aforesaid order of Court with respect to the elements of the condition of purge pertaining to his prison sentence but has not paid the attorney's fees provided for in the said order, the Defendant will not be committed to prison at this time. This order is entered without prejudice to Plaintiff's right to file a petition for contempt arising out of the Defendant's alleged failure to pay the attorney's fees on a timely basis. By the Court, ~ Matthew D. Men es Es uir g q e 145 East Market Street York, PA 17401 For the Plaintiff / Robert A. Lebo, Defendant pro Se 16 Valley Street Carlisle, PA 17013 Pcb ~-~O~t Es mac C~c~, ~ ~~ ; ~.n `*'~ _,,~~ ;~ ,R_~ f ' ALICE F. LEBO, v. ROBERT A. LEBO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ti Plaintiff § .§ Defendant § No. 07-5488 Civil Trial Civil Action -Law DIVORCE PRAECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF AND/OR FOR INTERVENOR TO THE PROTHONOTARY: Please withdraw without prejudice, the Petition for Special Relief and/or For Intervenor filed by Alice F. Lebo on January 12, 2009. DATE: ~ ~;3~ Menges, McLaughlin & N. Christopher M~ge,9! Esquire PA 23166 145 East Market Street York, PA 17401 (717) 843-8046 (717) 854-4362 (FAX) CMengesCc:~yourlawfirmforlife. com Attorney for Alice F. Lebo Respectfully submitted, y.. CERTIFICATE OF SERVICE I, Beth Ann King, Paralegal for the law firm of Menges, McLaughlin & Kalasnik, P.C., do hereby certify that a true and correct copy of the foregoing Praecipe to Withdraw Petition for Special Relief and/or for Intervenor was served upon the following via: U.S MAIL-POSTAGE PREPAID ORDINARY MAIL Robert A. Lebo 16 Valley Street Carlisle, PA 17013 Esther Lebo 16 Valley Street Carlisle, PA 17013 Dated: Z ~ ~J Beth Ann King, Paralegal C :1 rv t'_ r~~ r" ~, y.-. k ~ J ..`~~ ~.~ ~ '."'.s .a3 ~, _„~ ALICE F. LEBO, now IN THE COURT OF COMMON PLEAS OF ALICE F. SWENGEL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW ROBERT A. LEBO, Defendant N0.07-5488 CIVIL TERM ORDER OF COURT AND NOW, this 27~' day of February, 2009, a praecipe having been filed on February 18, 2009, withdrawing Plaintiffs Petition for Special Relief and/or for Intervenor, the hearing previously scheduled for March 9, 2009, is cancelled. BY THE COURT, / N. Christopher Menges, Esq. 145 East Market Street York, PA 17401 Attorney for Plaintiff Robert A. Lebo 16 Valley Street Carlisle, PA 17013 Defendant, pro Se :rc ~ ~ES rn~ i~, ~1~.?/0~ ~-~ J'VJesley Ol ' r.,~ J.` i ~ ~ - _ _ J ~ ~ ~; C'-~ ~~ ~Cs: t"' ry N ...J ~ tiy,y , :ark c ~ 4~ LS- -M=. ~.._ N ~ .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO now ALICE F. SWENGEL Plaintiff v. ROBERT A. LEBO Defendant No.: 07-5488 Civil Trial CIVIL ACTION -LAW DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE TO: Robert A. Lebo (Defendant) 16 Valley Street Carlisle, PA 17013 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after November 25, 2009, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or acounter-affidavit by the above date, the court can enter a final decree in divorce. A counter- affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim or economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. Lawyer Referral Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO now ALICE F. SWENGLE Plaintiff v. ROBERT A. LEBO Defendant No.: 07-5488 Civil Trial CIVIL ACTION -LAW DIVORCE COUNTER-AFFIDAVIT UNDER 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to RequestDivorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-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. Date: Robert A. Lebo NOTICE: If you do not wish to oppose the entry of a Divorce Decree and you do not wish to make any claims for economic relief, you should not file this counter-affidavit. M:\Wpdoc -Forms\Family Law\Divorce and EPD\Divorce -Rule 3301(d)\York\Counter Affidavit 3301d -Notice of Intent- York.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO now ALICE F. SWENGEL Plaintiff v. ROBERT A. LEBO Defendant No.: 07-5488 Civil Trial CIVIL ACTION -LAW DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within 20 days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on September 30, 2006 and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. 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. 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. Dated: ~~ ~'y~0 _~ 4 ~: Alice F. Lebo n/k/a Alice F. S ngel Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO No. 07-5488 Civil Term Plaintiff v. Civil Action -Law ROBERT.LEBO, Defendant DNORCE CERTIFICATE OF SERVICE I, Diane K. Dowdell, Pazalegal for N. Christopher Menges, Esquire, do hereby certify that a true and correct copy of the Notice of Intention to Request Entry of 3301(d) Divorce Decree, Counter-Affidavit under 3301(d) and Plaintiff s Affidavit under 3301(d) was served on the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Robert A. Lebo. 16 Valley Street Carlisle, PA 17013 MENGES, Mc AUGHLIN & KALA5NIK, P.C. Dated: ~~~~ K. Dowdell, Paralegal for N. Christopher Menges, Esquire Sup. Ct. I.D. No. 23166 145 East Mazket Street York, PA 17401 (717)843-8046 Attorney for Plaintiff ~EL~O-fJ1~r1~ o~ THE ~,f~T~-!~'!~~~~7ARY 209 0CT 30 ~ 3~ 34 .. , LP~~ ;~Ju''Y Alice F. Lebo now Alice F. Swengle Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Robert A. Lebo 07-5488 NO. CML TERM PR.AECIPE 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: ~~ 3301 (d) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Defendant's attorney, Samuel L. Ande., accepted service of complaint 10-2-2 acceptance filed 10-10~--2007 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff ; by defendant b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: October 28, 2009 (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Service: October 28, 2009, Filing: October 30, 3009 4. Related claims pending: All economic claims have beer. resolved 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: US mail Or_tober 28 , 2009 b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in 3301 divorce s filed with the Prothonotary: MENGES CLAUGHLIN g~ALASNIK. P.c. ATTORNEYS AT LAW Writer's Email: 1Mowdell@yourlawfirmforlife.com October 28, 2009 Robert A. Lebo 16 Valley Street Cazlisle, Pennsylvania 17013 N. CHRISTOPHER MENGES SHAWN P. MCLAUGHLIN JOSEPH A. KALASNIK SYDNEY C. H. BENSON JOSHUA B. BODENE MATTHEW D. MENGES FlL.E RE: Alice F. Lebo now Alice F. Swengel v. Robert A. Lebo No. 07-5488 Civil Trial Deaz Mr. Lebo: Enclosed please find for service upon you, a copy of the Plaintiff s Affidavit Under Section 3301(d), aCounter-Affidavit Under Section 3301(d) and a Notice of Intention to Request Entry of a Divorce Decree, the originals having been forwarded to the Cumberland County Prothonotary today for filing. Please review these documents carefully. You should bring these documents to your attorney. If you do not have one, you should call Lawyer Referral at the Cumberland County Baz Association. Very truly yours, Menges, McL ughlin & ICalasnik, P.C. e e 1, P egal for N. Christopher Menges, Esquire pc: Alice F. Swengel Encs: Notice of Intention to Request Divorce Affidavit Under 3301(d) Counter Affidavit Under 3301(d) PLi~ASE REPLY TO: 145 EAST MARKET STREET ^ 18 EAST Kuvo STREET 2rro FLOOR ^ 211 KENNEDY COURT $UPCE 8 YoeK, PA 17401 LANCASTER, PA 17602 HANOVER, PA 17331 Px 717-843-8046 PH 717-560-5068 Px 717-632-1784 FAx 717-854-4362 FAx 717-735-7709 FAx 717-632-2433 Tou FREE 1-866-464-5297 Torn. FREE 1-866-464-5297 TOLL FxEE 1-866-632-1784 Email work@YourLawFirmForLife.com Email LancasterC~YourLawFirmForLife.com Email H9nover@YourLawF'rmFor .~fe com www.YouuLAwFixMFolti.>FE.coI-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO now ALICE F. SWENGEL Plaintiff v. ROBERT A. LEBO Defendant No.: 07-5488 Civil Trial CIVIL ACTION -LAW DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE TO: Robert A. Lebo (Defendant) 16 Valley Street Carlisle, PA 17013 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after November 25, 2009, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or acounter-affidavit by the above date, the court can enter a final decree in divorce. A counter- affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim or economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. Lawyer Referral Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO now ALICE F. SWENGLE Plaintiff v. ROBERT A. LEBO Defendant No.: 07-5488 Civil Trial CIVIL ACTION -LAW DIVORCE COUNTER-AFFIDAVIT UNDER 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree maybe entered without further delay. I verify that the statements made in this counter-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. Date: Robert A. Lebo NOTICE: If you do not wish to oppose the entry of a Divorce Decree and you do not wish to make any claims for economic relief, you should not file this counter-affidavit. M:\Wpdoc - Forms\Family Law\Divorce and EPD\Divorce -Rule 3301(d)\York\Counter Affidavit 3301d -Notice of Intent- York.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO now ALICE F. SWENGEL Plaintiff v. ROBERT A. LEBO Defendant No.: 07-5488 Civil Trial CIVIL ACTION -LAW DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within 20 days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on September 30, 2006 and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. 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. 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. Dated: ~~ ~' 0~0 ~!// Alice F. Lebo n/k/a Alice F. S gel Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO No. 07-5488 Civil Term Plaintiff v. Civil Action -Law ROBERT . LEBO, Defendant DIVORCE CERTIFICATE OF SERVICE I, Diane K. Dowdell, Paralegal for N. Christopher Menges, Esquire, do hereby certify that a true and correct copy of the Notice of Intention to Request Entry of 3301(d) Divorce Decree, Counter-Affidavit under 3301(d) and Plaintiffs Affidavit under 3301(d) was served on the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Robert A. Lebo. 16 Valley Street Carlisle, PA 17013 ~~ MENGES, Mc AUGHLIN & KALASNIK, P.C. Dated: !~~ K. Dowdell, Paralegal for N. Christopher Menges, Esquire Sup. Ct. I.D. No. 23166 145 East Market Street York, PA 17401 (717) 843-8046 Attorney for Plaintiff ~ ~ O 3 Q ~_~ ~ ~ ~ ~ D ~~ . ytnr o~ o w .~ °v~`" t~ ~~ y ~ m m ~ ~ ~g~ y e~; ~ ~ A C y Ci7 d r v z n a c n x r z G J ~wr~c sr 4 I~rA_ ~ ~, ~ _ ~~ ~~~y ~~. a '~ .. _' ~~' < a,. ~ _ ~'-gym w ^•C m z n F~t~t'i tC~ ~7~tG1~3TAi~Y ze~~ o~c -`3 AM 9= 43 ~~~~;~ P'Y~A ALICE F. LEBO, now IN THE COURT OF COMMON PLEAS OF ALICE F. SWENGLE, CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION -LAW ROBERT A. LEBO, Defendant N0.07-5488 CIVIL TERM ORDER OF COURT AND NOW, this 10`~ day of December, 2009, upon consideration of Plaintiffs Praecipe To Transmit Record, and it appearing that Plaintiff's Notice of Intent and Plaintiffs Affidavit under Section 3301(d) of the Divorce Code were served simultaneously, in contravention of the holding in Burdick v. Burdick, 41 Cumberland L.J. 64 (1991) (Bayley, J.), a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit. BY THE COURT, J. Christopher Menges, Esq. 145 East Market Street York, PA 17401 Attorney for Plaintiff :rc S ~il.F,~-G~-F~CE 2~~9 OEC 1 ~ PPS 3y 2 ! GG~r~~ _ . , , ~,~~'f~ ~r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO now ALICE F. SWENGEL No.: 07-5488 Civil Trial Plaintiff v. CIVIL ACTION -LAW ROBERT A. LEBO Defendant DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE TO: Robert A. Lebo (Defendant) 16 Valley Street Carlisle, PA 17013 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after January 6, 2010, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or acounter-affidavit by the above date, the court can enter a final decree in divorce. A counter- affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim or economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. Lawyer Referral Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO now ALICE F. SWENGLE Plaintiff v. ROBERT A. LEBO Defendant No.: 07-5488 Civil Trial CIVIL ACTION -LAW DIVORCE COUNTER-AFFIDAVIT UNDER 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-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. Date: Robert A. Lebo NOTICE: If you do not wish to oppose the entry of a Divorce Decree and you do not wish to make any claims for economic relief, you should not file this counter-affidavit. M:\Wpdoc -Forms\Family Law\Divorce and EPD\Divorce -Rule 3301(d)\York\Counter Affidavit 3301d -Notice of Intent- York.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO No. 07-5488 Civil Term Plaintiff v, Civil Action -Law ROBERT . LEBO, Defendant DIVORCE CERTIFICATE OF SERVICE I, Cynthia R. Dennes, Paralegal for N. Christopher Menges, Esquire, do hereby certify that a true and correct copy of the Notice of Intention to Request Entry of 3301(d) Divorce Decree and Counter-Affidavit under 3301(d) was served on the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Robert A. Lebo. 16 Valley Street Carlisle, PA 17013 MENGES, McLAUGHLIN & KALASNIK, P.C. Dated: ~a/~ ~ (~~ Cynthia R. Dennes, Paralegal for N. Christopher Menges, Esquire Sup. Ct. I.D. No. 23166 145 East Market Street York, PA 17401 (717) 843-8046 Attorney for Plaintiff .. ~~ _.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICE F. LEBO NOW ALICE F. SWENGEL . V. ROBERT A. LEBO NO. 07-5488 DIVORCE DECREE AND NOW, 1 n : ~~ ~ Z`~' , ~c~ ~ d , it is ordered and decreed that ALICE F. LEBO NOW ALICE F. SWENGEL ,plaintiff, and ROBERT A. LEBO ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. By the Court, ~ 6 A t: J. 7? rotho otary to ~.~ - ~~ ~' ~ ~` ~~ ~; ~ ~.~ ~