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HomeMy WebLinkAbout08-3673 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. MATTHEW N. LE, CIVIL ACTION -LAW Defendant IN 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 Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. O ? .3G 73 ?P 7-i,- MATTHEW N. LE, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Linda L. Le, an adult individual residing at 128 North 32nd Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Matthew N. Le, an adult individual residing at 2477 Berry Hill, Harrisburg, Dauphin County, Pennsylvania 17104. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on January 10, 1978 in California. 5. There are no minor children born of this marriage. 6. The parties separated in November, 2004. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9 of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Linda L. Le, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems just and reasonable. Dated: ? 2008 Barbara umple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW N. LE, : NO. : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unworn falsification to authorities. --r" <''S Dated:92008 LINDA L. LE S 4 . . . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. MATTHEW N. LE, CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION I, Linda L. Le, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated.' 4 2008 (4t 1 L A .LE n 2k in C C z N c? h? cn Co 0 n m J 'Ji Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Cot? MATTHEW N. LE, CIVIL ACTION -LAW Defendant : IN 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 TWENTY (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 The parties to this action separated in November, 2004, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning spousal support, alimony, division of marital property, attorneys' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S.A. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: . , 0 Lind L. Le, Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 7 3 C; ?r to/? MATTHEW N. LE, CIVIL ACTION -LAW Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 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 all 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 notice to me, and I shall be unable thereafter to file any economic claims. 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. Section 4904 relating to unsworn falsification to authorities. Dated: Matthew N. Le, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. n v c Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, : IN THE COURT OF COMMON PLEAS Plaintiff V. MATTHEW N. LE, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3673 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce and Plaintiff's Affidavit Under Section 3301(D) of the Divorce Code in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7008 0150 0002 5290 0276, Return Receipt Requested, on the above-named Defendant, Mr. Matthew N. Le, on June 27, 2008 at Defendant's last known address: 2477 Berry Hill, Harrisburg, Pennsylvania 17104. The original receipt and return receipt card are attached hereto as Exhibit „A,. I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: July 1, 2008 *bara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff r 1 • IFIED [0 J7 crriesvc Mad On r%- - ru .- O nJ Postage $ ? u t ru CertlNed Fee O . 0 vJ 7 •Q C7 O Return Reaelpt Fee (Endorsement Required) $2.20 P He15 Z [3 i3 Restricted Delivery Fee (Endorsement Required) ??QQ $4.3i? L? 2y1W ?? r-1 Total Poetage & Fees ,$ $10.37 06 Q r, .- oriOBox No. a ---- ---- --------------- (?ly Stef6,11F44 sb>JC~ ¦ Complete items 1, 2, and & Also complete Ibm 4 N Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. • AIlach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: Mr. rr)l:-k+f euj M. a x4 `1'1 ?btrr, +1; 1 HoLrr?5bOr aq RESTRIC tV1,,,4 DELIVERY A. Slir X { B. Received by D. b If del N v 0 Agwtt C. bite of Debwy 1? ? Yea 0 No 3. Service type ¦ CwKied MaN ? Express man 0 Registered 0 Retum Receipt for Meodwi s, 13 Insured Meii O cam 4. RestricUd DeNvwy? PR"Foo IWAG 2'e Number 7008 0150 0222 5290 0276 tlt.nslertlal.,r+Qit.li?r#? PS Form 3811, FsbnwyZOOM oann.tic"Awl tRsodpt taaessae-lut,s,o # EXHIBIT "A" { ?? C i Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Defendant Matthew N. Le LINDA L. LE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08-3673-Civil Term MATTHEW N. LE, CIVIL ACTION -LAW Defendant. IN DIVORCE NOTICETOPLEAD To: Linda L. Le, Plaintiff c/o: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer and Counterclaim within twenty (20) days from service thereof or a judgment may be entered against you. Respectfully submitted, CALDWELL & KEARNS Date: July 9, 2008 By:^° V . '?JL Karen W. Miller, Esquire Attorney I.D. #200037 3631 North Front Street Harrisburg, PA 17110-1533 (717)232-7661 Karen W. Miller, Esquire Attorney I.D. No. 200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Matthew N. Le LINDA L. LE, Plaintiff, vs. MATTHEW N. LE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3673-Civil Term CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE WITH COUNTERCLAIM AND NOW comes Defendant, Matthew N. Le, by and through his attorney Karen W. Miller, Esquire, Caldwell & Kearns P.C., and files the following Answer to the Complaint in Divorce. 1. Admitted 2. Denied in part. It is admitted that Defendant Matthew N. Le is an adult individual. However it is denied that Defendant Matthew N. Le resides at 2477 Berry Hill, Harrisburg, Dauphin County, Pennsylvania 17104. By way of further response, Defendant Matthew N. Le resides at 2477 Berryhill Street, Harrisburg, Dauphin County, Pennsylvania 17104. 3. Admitted. 4. Admitted, upon information and belief. 5. Admitted. 2 6. Denied in part. It is admitted that the parties separated. It is denied that the parties separated in November, 2004. By way of further answer, the parties separated in or about April, 2006. 7. Admitted. 8. Admitted. 9. No response required. Count I - Divorce, No Fault 10. No response required. 11. Denied. WHEREFORE, the Defendant, Matthew N. Le respectfully requests that Your Honorable Court enter a Decree in Divorce under Section 3301(d) of the Divorce Code. Count II - Equitable Distribution 12. No response required. 13. No response required. WHEREFORE, the Defendant, Matthew N. Le respectfully requests that Your Honorable Court equitably divide said property in accordance with the Pennsylvania Divorce Code. COUNTERCLAIM (COMPLAINT OF DEFENDANT) FOR DIVORCE UNDER SECTION 3301(D) AND NOW comes Defendant, Matthew N. Le, by and through his attorney Karen W. Miller, Esquire, Caldwell & Kearns P.C., and files the following Counterclaim against the Plaintiff, Linda L. Le: 3 14. The admissions to averments in this Complaint are incorporated herein by reference as if set forth at length. 15. Matthew N. Le has been advised of the availability of marriage counseling and that he has the right to request that the Court require the parties to participate in counseling. Matthew N. Le declines such right or opportunity. COUNTI REQUEST FOR EQUITABLE DISTRIBUTION 16. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 17. During the course of their marriage, the Plaintiff, Linda L. Le, and the Defendant, Matthew N. Le, have acquired property and have incurred indebtedness, which property and indebtedness qualifies as marital property and marital debt in accordance with the provisions of the Pennsylvania Divorce Code. 18. Pursuant to the provisions of the Pennsylvania Divorce Code, this Court when requested to do so, is obliged to make provision for the equitable distribution of the marital property of the parties and to make allocation of the marital indebtedness of the parties. 19. Defendant, Matthew N. Le, hereby avers Plaintiff and Defendant are the joint title owners of real property, located at 128 North 32"d Street, Camp Hill, Cumberland County, Pennsylvania, 17011, which is subject to equitable distribution by Your Honorable Court. WHEREFORE, Defendant, Matthew N. Le, respectfully prays Your Honorable Court to distribute all marital assets and indebtedness. 4 COUNT II REQUEST FOR ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS & EXPENSES 20. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 21. Defendant, Matthew N. Le, hereby avers that he does not have sufficient funds in which to support himself upon the finalization of a divorce action. 22. Defendant, Matthew N. Le, hereby avers that Plaintiff, Linda L. Le, does have sufficient funds in which to support the Defendant upon finalization of the divorce action. 23. Defendant, Matthew N. Le, hereby avers that he does not have sufficient funds in which to support himself during the pendency of the divorce action. 24. Defendant, Matthew N. Le, hereby avers that Plaintiff, Linda L. Le, does have sufficient funds in which to support him during the pendency of the divorce action. 25. Defendant, Matthew N. Le, hereby avers that he does not have sufficient funds to pay counsel fees, costs and expenses incidental to this divorce action. 26. Defendant, Matthew N. Le, hereby avers that Plaintiff, Linda L. Le, does have sufficient funds in which to pay Defendant's counsel fees, costs and expenses incidental to this divorce action. [This space intentionally left blank.] 5 WHEREFORE, Defendant, Matthew N. Le, respectfully prays Your Honorable Court to Order the Plaintiff, Linda L. Le, to pay him alimony, alimony pendent elite, counsel fees, costs and expenses incidental to this divorce action. Respectfully submitted: , ?' A0. a Karen W. Miller, Esquire Attorney I.D. No. 200037 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Date: July 9, 2008 717-232-7661 Attorney for Matthew N. Le 08260-001/135236 6 VERIFICATION I verify that the statements made in this Answer to Complaint in Divorce with Counterclaims are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaC.S. § 4904 relating to unsworn falsification to authorities. Date CERTIFICATE OF SERVICE AND NOW, this 9th day of July 2008, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Barbara Sumple- Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 CALDWELL & KEARNS By ?L R-.? - 0 ? ? °? ? ?'' si? ? i ro ,^ . r ?4`?' ? x ? -?? C?:> ' ;; 4 ? ` C,.3 ..c? Ca Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. d 5--- 3(a 7 3 to r- MATTHEW N. LE, CIVIL ACTION -LAW Defendant : IN DIVORCE COUNTER AFFIDAVIT UNDER SECTION 3301(dd) OF THE DIVORCEDE 1. Check either (a) or (b): .X (a) I do not oppose the entry of a divorce decree. 1(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. _X (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 all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the daze set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. 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. Section 4904 relating to unworn falsification to authorities. Dated: Ma efendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. ra 3;Z 1, C3 r -. x19 ?j LINDA L. LE, „ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW N. LE, Defendant NO. 08-3673 CIVIL TERM IN RE: PETITION OF DEFENDANT'S COUNSEL FOR LEAVE TO WITHDRAW ORDER OF COURT AND NOW, this 27`n day of August, 2010, upon consideration of the Petition of Defendant's Counsel for Leave To Withdraw, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE, RETURNABLE within 14 days from the date of the order. V4arbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff Xaren W. Miller, Esq. 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant V0latthew Ninh Le 2477 Berryhill Street Harrisburg, PA 17104 Defendant i c- -c _f c rc BY THE COURT, _ ~~ ,~~ Karen W. Miller, Esquire Attorney LD~ No. 200037 Caldwell & earns, P.C. 3631 North ront Street Harrisburg, A 17110 (717) 232-76~ 1 (717) 232-2'~ 6 (fax) Attorneys fo Defendant Matthew N. Le LINDA L. I L S} { y rye ~'e.' f ~ 1 1 i L~ 4~ L y ,~am'Yt.iLt1(_l-' f' 1) l.rlJd.f~~ 1 I C qk ~ e~ ± ~~rtA it,~a y fq i K.~C`t ak ~W'if~ vs. MATTHEV~I' N. LE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3673-Civil Term CIVIL ACTION -LAW Defendant. IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AN NOW, come the Petitioners, Caldwell & Kearns, P.C., and Karen W. Miller, Esquire, an file the within Petition to Make Rule Absolute, and in support thereof aver the following: 1. On August 26, 2010, a Petition of Defendant's Counsel for Leave to Withdraw was filed in' the above-referenced action. 2. On August 27, 2010, the Honorable J. Wesley Oler, Jr., entered a Rule upon Respondent' o show cause why such relief should not be granted. The Rule was returnable within fourt~en (14) days from service. It has now been more than fourteen (14) days since the Court's serv~ce of the Rule, and the Respondent has not shown cause why the relief requested should not b~ granted. 3. ~ Accordingly, it is respectfully requested that this Honorable Court make its Rule absolute an ~ execute the Order attached to the Petition of Defendant's Counsel for Leave to Withdraw i 'the above-referenced action. WHEREFORE, it is respectfully requested that this Honorable Court order the Petitioners be permitte to withdraw as counsel of record for Defendant, Matthew N. Le. Respectful) ~ submitted, CALDWELL & KEARNS, P.C. B . r Vv' Karen W. Miller, Esquire Attorney LD. #200037 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Defendant, Matthew N. Le CERTIFICATE OF SERVICE certify that I have served a copy of the within document this ~ day of 2010, on the following by depositing a true and correct copy of the same in the .S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Matthew Ninh Le 2608 Magnolia Terrace Harrisburg, PA 17110-9329 Matthew Ninh Le 2477 Berryhill Street Harrisburg, PA 17104-2012 CALDWELL & KEARNS eye= 08260-001 / 16~ 116 LINDA L. LE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW MATTHEW N. LE, Defendant N0.08-3673 CIVIL TERM IN RE: PETITION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 25~' day of October, 2010, upon consideration of the Petition To Make Rule Absolute filed by Defendant's attorney, Karen W. Miller, Esq., the motion is granted, and Karen W. Miler, Esq., is permitted to withdraw as counsel for Defendant in the above matter. Barbara Sum le-Sullivan Es . P ~ q 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff atthew Ninh Le 2608 Magnolia Terrace Harrisburg, PA 17110-9329 an 477 Berryhill Street Harrisburg, PA 17104-2012 Defendant aren W. Miller, Esq. 3631 North Front Street Harrisburg, PA 17110 :rc Co I Es rnl.1 ~~~ 10 2Sl~d ~~ BY THE COURT, . Wesley 01 , Jr., '~ N ~~ ~ ~ cn ~ "' 'a r ~ ~ u ~ ° ~ r --.~ Ao -n . -r ~ :~ ~ ~ z ~ ~~ ~ ~~;.. .~-- A -< ve ~a -< LINDA L. LE VS. MATTHEW N. LE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3673 2008 Defendant MOTION FOR APPOINTMENT OF MASTER Linda L. Le Plaintiff , moves the court to appoint a master with respect to the following claims: ?X Divorce ?X Distribution of Property ? Annulment ?X Support ?X Alimony ?X Counsel Fees ?X Alimony Pendente Lite N Costs and Expenses and in support of the motion states: c7 1. Discovery is complete as to the claims (s) for which the appointment of a master is requestelE ° VJD _ 2. The defendant has appeared in the action (personally) ( rrica e) rr Q, 3. The staturory ground (s) for divorce are "< CC 3301(c), 3301(d) 4. Delete the inapplicable paragraph (s): A B N CE] rG a. The action is not contested. .. = --- b. An agreement has been reached with resnect to the following claims: - C. The action is contested with respect to the following claims: Divorce, distribution of property, support, alimony, APL, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take One (1) 7. Additional information, if any, relevant to the None. Date: 12-7-10 Attorney Barbara Sumple-Sullivan, Esquire Print Name AND NOW Plaintiff ORDER APPOINTING MASTER 20__, is appointed master with respect to the following claims: Esquire, -t rn c) ° n By the Court, DEC 0 0 2010 LINDA L. LE MATTHEW N. LE VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3673 2008 Defendant MOTION FOR APPOINTMENT OF MASTER Linda L. Le Plaintiff moves the court to appoint a master with respect to the following claims: ?X Divorce ?X Distribution of Property ? Annulment ?X Support X? Alimony ?X Counsel Fees X? Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requester 2. The defendant has appeared in the action (personally) (b rn 00 !'t'1 fti"I e)R 3. The staturory ground (s) for divorce are -?Z 3301(c), 3301(d) 4. Delete the inapplicable paragraph (s): A B [Z Co "5 C a. The action is not contested. _., .._ b. An agreement has been reached with respect to the following claims: ' C. The action is contested with respect to the following claims: Divorce, distribution of property, support, alimony, APL, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take One (1) day 7. Additional information, if any, relevant to the motion- None. Date: 12-7- Attorney r iff Barbara Sumple-Sullivan, Esquire Print Name ORDER APPOINTING MASTER AND NOW 20LO__, E A? A:PAt .. Esquire, c-- r -is a?pointed master with respect to the following claims: &0 1 'dizz(, 1 Q U- o rn o 1 By the Court, CD -*00? w`? -? cL _> a a C"i C21 =11ovi rC n?s ,- -Tj 3 .Tai Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, Plaintiff V. MATTHEW N. LE, Defendant FILED-OFFICE OF THE PROTHONOTARY 2010 DEC 17 PM 4: 05 "+. MBERLAND COO f'.r PEI4';°SYI `I,a`!,5, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3673 CIVIL ACTION - LAW IN DIVORCE MOTION TO REVOKE APPOINTMENT OF MASTER 1) On December 8, 2010, Plaintiff filed a Motion for Appointment of the Master in the above captioned matter. 2) E. Robert Elicker, II, Esquire, was appointed as Divorce Master in the above captioned matter on December 9, 2010 with respect to the claims of Divorce, Distribution of Property, Alimony, Support, APL, Counsel Fees, Costs and Expenses. 3) The parties are withdrawing their respective claims for Distribution of Property, Alimony, Support, APL, Counsel Fees, Costs and Expenses simultaneously with the filing of this Motion. 4) The parties are filing their Consents and Waivers under 3301(c) of the Divorce Code simultaneously with the filing of this Motion. 5) Plaintiff moves the Court to revoke the appointment of E. Robert Elicker, II, as Divorce Master in the above captioned matter. WHEREFORE, Plaintiff requests the appointment of Divorce Master E. Robert Elicker, II be revoked. Dated: December 16, 2010 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 r Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, Plaintiff V. MATTHEW N. LE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3673 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served the Motion to Revoke Appointment of Master, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. Matthew N. Le 2608 Magnolia Terrace Harrisburg, PA 17110 DATE: December 16, 2010 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, Plaintiff V. MATTHEW N. LE, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAkjIA NO. 08-3673 =rn ? Vl- = M cn t-- r-? rr $ CIVIL ACTION -LAW -<> IN DIVORCE ? c C . t't? PRAECIPE -, CD -- ? Please withdraw Plaintiffs claims for Equitable Distribution pursuant to §3502 of the Divorce Code. DATE: December 16, 2010 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-3673 MATTHEW N. LE, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the Praecipe to this Honorable Court, in the above-captioned matter upon the following individual via United States Mail: Mr. Matthew N. Le 2608 Magnolia Terrace Harrisburg, PA 17110 DATE: December 16, 2010 Barbara Sumple-Sullivan, Esqifwr, 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney For Plaintiff LINDA L. LE, Plaintiff V. MATTHEW N. LE, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3673 CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please withdraw Defendant's claims for: 1) Equitable Distribution pursuant to §3502 of the Divorce Code; C--) C s.,, G C" ?f - t„r :001 .Z ca Cl) 2) Support, Alimony Pendente Lite and Alimony pursuant to §3701 and §3702 of the Divorce Code; and 3) Attorney's Fees and Costs pursuant to §3323 of the Divorce Code. DATE: Ma e 4 FILED-OFFICE CIF THE PROTHONOTARY Barbara Sumple-Sullivan, Esquire Supreme Court #32317 2!!Q DEC 17 pH 4: D5 549 Bridge Street New Cumberland, PA 17070 CUMBERLAND COUNT " (717) 774-1445 PENNSYLVANIA LINDA L. LE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-3673 MATTHEW N. LE, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 20, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: Ia 16- D ";?? A L AL. LE Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, Plaintiff V. MATTHEW N. LE, Defendant FILED-OFFICE CF THE PROTHONOTARY 2010 DEC 17 PH 4: 05 PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3673 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. Z . 4 ?a /Z- - ? DATE: L DA L. LE OF THE" O T,4ONc?T???' Barbara Sumple-Sullivan, Esquire Supreme Court #32317 2'J10 DEC 17 PM 4: D4 549 Bridge Street New Cumberland, PA 17070 ('$ERLAND C_;, (717) 774-1445 PDms YL?IA LINDA L. LE, THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-3673 MATTHEW N. LE, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 20, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: I. MAT N. LE DATE: / ?'/13 //V WITNESS ' Name:, Address:_ J a 2 yO ( . Yyh? per. ?7/a? ^S776 Cl COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF :Da(j?WvN Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Matthew N. Le, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Affidavit of Consent are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this t day of C Plvh, Per ; 2010. COMM WEAL` 121 7E_NNSYLVA NOfARY N ? , 11A ,EAL S? Nhieri ?a?c?s? rti, •hin C unV My commission expire s: (SEAL) city o! Eiar , t =a??pt?in oixflp My Cammission E=xu:(, ; October 31, I= Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, Plaintiff V. MATTHEW N. LE, Defendant ILEA-OFFICE " THE pI'O?'NG 'QT?'i. ""DEC 17 pH C? CUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3673 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. DATE: DATE: J z f! 3 ?? U MA N. L WITNESS Name: *?-1J Address: Let o y- f • 3 z.r r? s? # d COMMONWEALTH OF PENNSYLVANIA ) . )SS. COUNTY OF Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Matthew N. Le, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Notice of Waiver are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this day of _X 2010. COMMONWEl LA H OF PENNSYLvANIA N UBLIC NOTARIAL SEAL My commission expires: s+- SEAL Nhien Nicolette Nguyen, Notary Pubk ?JZr- 3 j ?Q, '1 ) City of Harrisburg, Dauphin Couffly a- My Commission Expires October 31, 2012 FILED-OFFICE 111 THE PROTHOPt:? T1141 20 10 DEC 2 I PH 1: 2'5 UEL 2 0 2010 Barbara Sumple-Sullivan, Esquire CUM$ERL?ND$ 1 Supreme Court #32317 549 Bridge Street PENNS Y LVA N K New Cumberland, PA 17070 (717) 774-1445 LINDA L. LE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 08-3673 MATTHEW N. LE, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW, ?..? ? zi ' , 20 k , the appointment of E. Robert Elicker,11, Esquire, as Divorce Master in the above captioned matter is hereby revoked.. BY THE COURT: P `-ZrY1 Y P LINDA L. LE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY) PENNSYLVANIA V. MATTHEW N. LE NO. 2008-3673 DIVORCE DECREE AND NOW, Zo t D , it is ordered LINDA L. LE , plaintiff, and MATTHEW N. LE , defendant, are div( bonds of matrimony. Any existing spousal support order shall hereafter be deemed ; alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties for which a final order has not yet been entered. Those claims are as claims remain indicate "None.") None. By the Court, C? decreed that from the order for to this action (If no J. cert. copy ma.i led -1o cry SWnp le - & I l i tea, n Nwes i eop y mailed. .1. beff