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HomeMy WebLinkAbout08-3883IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. LEE, Plaintiff CIVIL ACTION -LAW V. NO.: -3 9??3 4a KENNETH W. LEE, ACTION IN DIVORCE Defendant 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 within twenty (20) days after this complaint was served. 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 relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your child. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. 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. Lawyer Referral Service Cumberland County Bar Center 32 South Bedford Street, Carlisle, PA 17013 (717) 246-3166 or (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. LEE, Plaintiff V. KENNETH W. LEE, Defendant CIVIL ACTION -LAW NO.. ACTION IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el daso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERCHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Center 32 South Bedford Street, Carlisle, PA 17013 TELEFONO (717) 246-3166 or (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. LEE, Plaintiff CIVIL ACTION -LAW C,cu? Q V. NO.: J F. 57FF-3 KENNETH W. LEE, Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, TO WIT, this 3D day of June, 2008 comes the Plaintiff, Tracy L. Lee, by and through her attorney, Michael F. Fenton, Esquire, and files the following Complaint in Divorce: 1. Plaintiff is Tracy L. Lee, a citizen of Pennsylvania, residing at 118 Hill Lane, Mechanicsburg, Pennsylvania 17050. 2. Defendant is Kenneth W. Lee, a citizen of Pennsylvania, residing at 7 Countryside Court, Camp Hill, Pennsylvania 17011. 3. Plaintiff and Defendant are sui juris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on December 26, 1993 in Mercersburg, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's & Sailor's Civil Relief Act of the Congress of 1940 and it amendments. 7. There is no pending action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the 1 right to request that the Court require the parties to participate in counseling. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 9. Paragraphs 1 through 8 hereof are incorporated herein as though more fully set forth herein. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to Section 3301(c) of the Divorce Code. COUNT II: REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 11. Paragraphs 1 through 10 hereof are incorporated herein as though more fully set forth herein. 12. The parties have been living separate and apart since May 1996. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to Section 3301(d) of the Divorce Code, at the appropriate time. COUNT III ALIMONY PENDENTE LITE REASONABLE COUNSEL FEES COSTS AND EXPENSES UNDER SECTION 3701 AND SECTION 3702 OF THE DIVORCE CODE 13. Paragraphs 1 through 12 hereof are incorporated herein as though more fully set forth herein. 14. In the past, Plaintiff has sought a Decree of Divorce on various occasions. 15. In furtherance of her attempts to secure a Decree of Divorce, Plaintiff has, at different times, retained legal counsel. 2 16. Defendant has for the most part represented himself and has incurred little, if any, counsel fees. 17. Defendant has at all times, including the time period preceding this Complaint, conducted himself in a manner designed to increase Plaintiff's legal fees. 18. Plaintiff's representation by her prior lawyers terminated due to Plaintiff's inability to pay counsel. 19. Plaintiff avers that her inability to pay counsel is the direct result of Defendant's efforts intended to increase her legal fees. 20. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to support herself through appropriate employment, in accordance with the standard of living established during their marriage. 21. During the pendency of this action, Plaintiff will be put to considerable expense in the preparation, presentation of Plaintiff's case, and the employment of counsel and payment of costs. 22. Defendant is presently gainfully employed and financially able to pay Plaintiff s alimony pendente lite, reasonable counsel fees, expenses, and costs. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order against the Defendant awarding to Plaintiff reasonable alimony pendente lite, counsel fees, expenses and costs. Respectfully submitted, /Mic 1 F. Fenton, Esquire Sup. Ct. I.D. #53985 149 East Market Street, 3rd. Floor York, Pennsylvania 17401 (717) 854-1366 Attorney for Plaintiff 3 Verification I verify that the statements made in the foregoing Complaint 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: L " 3 q . Y, a 14 U-"?-- - ?? R.7 ?) S ?? RJ 0? ?N ?} ??.. '? n SHERIFF'S RETURN - REGULAR CASE NO: 2008-03883 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEE TRACY L VS LEE KENNETH W STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon LEE KENNETH W the DEFENDANT , at 0019:00 HOURS, on the 2nd day of July 2008 at 7 COUNTRYSIDE COURT CAMP HILL, PA 17011 KENNETH W LEE a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage ?/i6`D! / - 18.00 14.00 .00 10.00 .42 42.42 Sworn and Subscibed to before me this day by handing to DEFENDANT So Answers: R. Thomas Klin 07/03/2008 RICHARD MISLITSKY By: Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division TRACY L. LEE, : Plaintiff: V. No. 08-3883 KENNETH W. LEE, Action in Divorce Defendant. ANSWER AND NEW MATTER Filed on behalf of Defendant, Kenneth W. Lee Counsel of Record for this Party: DALEY, ZUCKER, MEILTON, MINOR & GINGRICH, LLC Sandra L. Meilton PA I.D. No. 32551 1029 Scenery Drive Harrisburg, PA 17109 Telephone: (717) 657-4795 Facsimile: (717) 657-4996 NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE WITHIN NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. "/a" Z Sandra L. Meilton IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division TRACY L. LEE, V. KENNETH W. LEE, Plaintiff: : Defendant. No. 08-3883 Action in Divorce ANSWER AND NEW MATTER OF DEFENDANT AND NOW, comes defendant, Kenneth W. Lee, by and through his attorneys, Sandra L. Meilton and Daley, Zucker, Meilton, Minor & Gingrich, LLC, who files this Answer and New Matter and in support thereof states: 1. The averments in paragraph 1 of the Complaint are admitted. 2. The averments in paragraph 2 of the Complaint are admitted. 3. The averments in paragraph 3 of the Complaint are admitted. 4. The averments in paragraph 4 of the Complaint are admitted. 5. The averments in paragraph 5 of the Complaint are admitted. 6. The averments in paragraph 6 of the Complaint are admitted. 7. The averments in paragraph 7 of the Complaint are admitted. 8. Defendant is unable to respond as to the averments in paragraph 8 of the Complaint as to what, if anything, plaintiffs counsel has advised his client. COUNT I 9. Plaintiff, having incorporated paragraphs 1 through 8 of the Complaint, defendant is advised that no response to paragraph 9 of the Complaint is required. 10. As to the averments in paragraph 10 of the Complaint, defendant is unable to respond as to the intent of plaintiff. Defendant shall file an appropriate Affidavit upon the expiration of 90 days calculated from June 30, 2008. WHEREFORE, defendant, Kenneth W. Lee, requests this Court to enter a decree of divorce upon the expiration of 90 days calculated from June 30, 2008. COUNT 11 11. Plaintiff, having incorporated paragraphs 1 through 8 of the Complaint, defendant is advised that no response to paragraph 11 of the Complaint is required. 12. The averments in paragraph 12 of the Complaint are denied as stated. The parties have been living separate and apart since at least January of 1996. WHEREFORE, defendant requests this Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III 13. Plaintiff, having incorporated paragraphs 1 through 8 of the Complaint, defendant is advised that no response to paragraph 13 of the Complaint is required. 14. The averments in paragraph 14 are denied as stated and strict proof thereof is demanded. By way of further response, defendant incorporates herein by reference paragraphs 24 through 34 of the within New Matter as though fully set forth at length. -2- 15. The averments in paragraph 15 are denied as stated and strict proof thereof is demanded. By way of further response, defendant incorporates herein by reference paragraphs 24 through 34 of the within New Matter as though fully set forth at length. 16. The averments in paragraph 16 of the Complaint are denied. Defendant has engaged several counsel, including Marshall J. Conn and Sandra L. Meilton. 17. The averments in paragraph 17 are denied and strict proof thereof is demanded. Defendant and his counsel have conducted themselves in accordance with all applicable law and the Rules of Professional Conduct so as to protect the rights afforded defendant under the laws of the Commonwealth of Pennsylvania. As more fully set forth in paragraphs 24 through 34 of the within New Matter, it has been the acts or omissions of plaintiff and/or her counsel, including plaintiffs present counsel, which have caused needless delay and expense. These acts and omissions include: a. Plaintiff and/or her present counsel filing a Complaint in Divorce in York County where neither plaintiff nor defendant ever resided; b. Plaintiff and/or her present counsel failing or refusing to sign a Stipulation to transfer the York County action to this Court which Stipulation defendant caused to be prepared and furnished to plaintiffs counsel in May of 2008; C. Plaintiffs present counsel refusing to respond to defendant's request to accept service of original papers to be filed in Cumberland County; d. Plaintiff and/or her present counsel advising defendant that all matters must be litigated; and e. In defendant's action in divorce in Washington County, Pennsylvania, plaintiff or her previous counsel failing or refusing to furnish to defendant or -3- his counsel plaintiffs Affidavits pursuant to the Divorce Code, OR the failure or refusal of plaintiff or plaintiffs previous counsel to (i) file Affidavits of defendant furnished to plaintiffs prior counsel on at least two (2) separate occasions, (ii) file plaintiffs Affidavits, and/or (iii) file an appropriate Praecipe to cause the Court of Common Pleas of Washington County, Pennsylvania to enter a Decree of Divorce. 18. The averments in paragraph 18 of the Complaint are denied. Plaintiff has advised defendant that representation of plaintiff by prior counsel ceased because either (a) the matter had been concluded or (b) plaintiff was not satisfied with the representation of her prior counsel. 19. The averments in paragraph 19 of the Complaint are denied and strict proof thereof is demanded. Any increase in legal fees incurred by plaintiff has been solely due to the acts or omissions of either plaintiff or her counsel, including plaintiffs present counsel. 20. Defendant is advised that the averments in paragraph 20 of the Complaint constitute a conclusion of law to which no response is required. If a response is deemed to be required, then defendant avers that: a. Plaintiff has waived any claims asserted under Count III of the Complaint pursuant to the Property Settlement Agreement dated October of 1997 (hereinafter "Agreement"); b. Plaintiff has been fully compensated pursuant to said Agreement as it relates to a marriage which lasted less than two (2) years prior to the parties' separation in 1996; and c. Plaintiffs inability to support herself is solely due to plaintiffs unwillingness to maintain gainful employment through her conduct (plaintiff having been terminated three (3) times by employers since -4- 1999) or her unwillingness to maximize her skills and expertise as a court reporter. 21. Defendant is advised that the averments in paragraph 21 of the Complaint constitute a conclusion of law to which no response is required. If a response is deemed to be required, then defendant is unable to respond because he is without knowledge, information or belief as to the extent of the case to be presented by plaintiff or the arrangement with her present counsel. 22. Defendant is advised that the averments in paragraph 22 of the Complaint constitute a conclusion of law to which no response is required. WHEREFORE, defendant, Kenneth W. Lee, requests that Count III of the Complaint be dismissed with prejudice. NEW MATTER 23. Any and all claims for monetary relief sought by plaintiff under the Complaint were waived by plaintiff pursuant to the parties' written Agreement in October of 1997. The Agreement or copy thereof being in the possession of plaintiff and/or her counsel is not attached hereto. 24. In January of 1996, defendant instituted a Divorce Action in the Court of Common Pleas of Washington County, Pennsylvania, for which plaintiff engaged the services of David Costello and then Michelle Dawson. This action led to the Agreement which caused a closing and substantial payment to plaintiff in December of 1997. In August of 1997, defendant's counsel furnished affidavits for a divorce to plaintiff which affidavits plaintiff failed to return or furnish at the time of the closing in 1997. Though -5- repeated demands were made to plaintiff or her counsel, plaintiff failed or refused to return her affidavits. 25. In April of 1999, plaintiff instituted a custody petition pertaining to the parties' minor daughter in the Court of Common Pleas of Washington County, Pennsylvania, allegedly due to her relocation from Washington County to Cumberland County, Pennsylvania, for which plaintiff engaged Timothy Wojton as her attorney. Notwithstanding defendant's relocation to Cumberland County in August of 1999, plaintiff demanded that a hearing/trial occur on the custody issue. Plaintiffs demands caused considerable expense of money and time to defendant. In August of 1999, defendant furnished his divorce affidavits to Mr. Wojton. However, defendant was advised that plaintiff either (i) refused to furnish Mr. Wojton with her affidavits, (ii) refused to permit Mr. Wojton to file any affidavits, or (iii) refused to permit Mr. Wojton to file an appropriate Praecipe. 26. The Washington County action was subsequently dismissed for lack of prosecution. 27. In October of 2000, plaintiff filed a Complaint for Child Support in the Court of Common Pleas of Cumberland County. Though plaintiff advised she had engaged counsel, none was identified. 28. In December of 2007, plaintiff engaged her present counsel. In response to certain offers of resolution from defendant, plaintiffs counsel furnished an unacceptable, non-negotiable counteroffer wherein plaintiffs counsel advised defendant to either accept the counteroffer or "all matters will be litigated". -6- 29. In January of 2008, plaintiff and her counsel filed a Complaint for Child and Spousal Support. Due to the aforesaid Agreement the claim for Spousal Support was withdrawn with prejudice. After presenting certain evidence, the parties reached an agreement as to child support favorable to defendant, including defendant paying less child support and defendant obtaining additional physical custody of the parties' minor daughter. 30. Though defendant had advised plaintiffs counsel he would object to any divorce action filed in York County, plaintiff and her counsel filed a Complaint for Divorce in the Court of Common Pleas of York County on or about February 8, 2008, notwithstanding the fact that only plaintiffs counsel had any connection with York County. 31. In May of 2008, a Stipulation was provided to plaintiffs present counsel whereby the York County action would be transferred to Cumberland County. However, plaintiffs counsel never responded to the Stipulation. 32. Plaintiff and her present counsel caused the York County action to be "withdrawn" on June 20, 2008, and instituted the present action on June 30, 2008. 33. As paragraphs 24 through 32 of this New Matter demonstrate, plaintiff and/or her counsel, including plaintiffs present counsel, have caused considerable delay as well as expense of money and time through their (a) inappropriate acts, (b) omissions, (c) failure to comply with applicable law, (d) filing matters without legitimate basis and/or (e) desiring to litigate any and all issues and avoiding meaningful and substantive negotiations. 7- 34. The matters set forth in paragraphs 24 through 33 are the direct and proximate cause of plaintiffs increased and/or unnecessary expenses and are not attributable in any manner whatsoever to defendant or his counsel. 35. Through all proceedings, defendant and his counsel have conducted themselves in accordance with all applicable law and the Rules of Professional Conduct so as to protect defendant's rights. 36. Plaintiffs inability to support herself which inability Defendant denies even exists, is solely due to plaintiffs unwillingness to maintain gainful employment through her conduct (plaintiff having been terminated three (3) times by employers since 1999 or her unwillingness to utilize her skills and expertise as a court reporter so as to maximize her income or income potential. WHEREFORE, defendant requests this Court to (a) enter a Decree of Divorce and (b) enter an Order dismissing Count III of the Complaint with prejudice. DALEY, ZUCKER, MEILTON, MINOR & GINGRICH, LLC Sandra L. Meilton PA I.D. No. 32551 1029 Scenery Drive Harrisburg, PA 17109 Telephone: (717) 657-4795 Facsimile: (717) 657-4996 -8- VERIFICATION AND NOW, comes Kenneth W. Lee, and verifies that the facts contained in the foregoing document are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unworn falsification to authorities, which provides criminal penalties if a person with intent to mislead make a written false statement which she does not believe to be true. Date: Kenneth W. Lee -9- CERTIFICATE OF SERVICE AND NOW, thisA2 -a day of July, 2008, I, Sandra L. Meilton, Esquire, for the law firm of Daley, Zucker, Meilton, Minor & Gingrich, LLC attorneys for Defendant, hereby certify that I have this day served the foregoing Answer and New Matter, by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Michael F. Fenton, Esquire 149 East Market Street Third Floor York, PA 17401 Sandra L. Meilton -10- (`) rv 1 T7 ..a"; r . f ?a .. f o _. -- '5M -A ro 9 "C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. LEE, Plaintiff CIVIL ACTION -LAW V. NO.: 08-3883 Civil KENNETH W. LEE, ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF YORK ss. I, Michael F. Fenton, Esquire, being duly sworn according to law, doth depose and say that a copy of the "Complaint In Divorce" was served on Kenneth W. Lee, Defendant, as evidenced by the attached "Sheriffs Return". Sworn and Subscribed to before me this day of 2008 COMMONWEALTH OF.PENNSYLVANIA Nota rW Seal Linda S. Newport, Notary Public City Of York, York County MY Commission Expires Aug. 26, 2009 1 1 Micfihel F. FentoA, Esquire Sup. Ct. I.D. #53985 149 East Market Street, 3rd. Floor York, Pennsylvania 17401 (717) 854-1366 Attorney for Plaintiff Member, Pennsylvania Association of Notaries '•JUL-22-08 TUE 10:51 AM RICHARD P MISLITSKY,ESQ FAX NO. 7172497073 SHRRIFF I S RETLTI?N - REGOLAN CASE NO: 2008-03883 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEFT TRACY L^ -., VS LTi>, KhNN•ETII W STEVE BENDER Shcri ft or Vaputy Sheriff of P. 03 RECE.IVEr JUL .. .9 7f," RECEIVED JUL 15 2008 Cumberland County, Pennsylvania, who being duly mvorn according to law, sayo, the within COMPLAINT - DIVORCE was scirvcd upon T,RIF KFANSTII W the DEFENDANT M , at 0019:00 HOURS, Ot] the -2T1d d&Y of 7u1y ??r 2008 at 7 COUNTRYSIDE LOUR' CAMP II'ILL; ;-PA 17011 by handing to KE _ 11.TH W LER DEFENDANT a trite and attested copy of COMPLAINT : DIVORCE together with and at the fjame time directing IIi.s attentiori to the contents thereof. Sheriff's Casts: Docketing 18.00 set-vice 14.00 Affidavit .00 Surcharge 10.00 Por, V age ?.42 42.42 Sworn and Subscibed to befOra me this ?._ day Sri Answc.>x,.; 40 R. xkzc?mas Klizte 07/03/2008 RICHARD MISLITSKY / ?2 _ By: --- `7 of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. LEE, : Plaintiff CIVIL ACTION -LAW V. NO.: 08-3883 Civil KENNETH W. LEE, ACTION IN DIVORCE Defendant : CERTIFICATE OF SERVICE I, Michael F. Fenton, Esquire, being duly sworn according to law, doth depose and say that I mailed a copy of the "Affidavit of Service" to the person named below by First Class Mail as follows: Kenneth W. Lee Tucker Arensberg 111 N. Front Street, P.O. Box 889 Harrisburg, Pennsylvania 17108 Date: July 24, 2008 &MAael F. Fento qui Sup. Ct. I.D. #53985 149 East Market Street, 3rd. Floor York, Pennsylvania 17401 (717) 854-1366 Attorney for Plaintiff ' c ? -Tl le r-2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. LEE, NO.: 2008-3883 Civil Plaintiff CIVIL ACTION - LAW VS. DIVORCE KENNETH W. LEE, Defendant PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw Count 111, Alimony Pendente Lite, Reasonable Counsel Fees, Costs and Expenses, of the Divorce Complaint, with prejudice. Respectfully submitted, Date: 4WAael F. Fenton, squ e Sup. Ct. I.D. #52985 149 East Market Street, 3rd. Floor York, Pennsylvania 17401 (717) 854-1366 Attorney for Plaintiff 1 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. LEE, Plaintiff VS. KENNETH W. LEE, Defendant NO.: 2008-3883 Civil CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE I, Michael F. Fenton, Esquire, being duly sworn according to law, doth depose and say that I served a copy of the "Praecipe To Withdraw" to the person named below, by Hand Delivery as follows: Sandra L. Meilton, Esquire DALEY ZUCKER MEILTON MINER GINGRICH 1029 Scenery Drive Harrisburg, Pennsylvania 17109 Date: Mic ael F. Fenton, Esquire Sup. Ct. I.D. #53985 149 East Market Street, 3rd. Floor York, Pennsylvania 17401 (717) 854-1366 Attorney for Defendant ° 0 -ra o .. 7m jY. "T'1 L Sandra L. Wilton, Esquire DALEY ZUCKER WILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton@ggmmalaw.com TRACY L. LEE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. KENNETH W. LEE, : NO. 08-3883 CIVIL TERM Defendant : IN DIVORCE PRAECIPE PROTHONOTARY: Defendant hereby withdraws the Answer and New Matter filed with the Prothonotary on July 22, 2008 in the above matter. Respectfully submitted, DALEY ZUCKER WILTON MINER & GINGRICH, LLC Date: /d a3 By: 'Z? I/Ij Sandra L. Meifto , Esquire Supreme Court I.D. #32551 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attomey for Defendant CERTIFICATE OF SERVICE AND NOW, this Z"e day of (9- 41142- , 2008, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Michael F. Fenton, Esquire 149 East Market Street York, PA 17401 M. Rine c .-4 f -1 TRACY L. LEE, Plaintiff v. KENNETH W. LEE, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 08-3883 Civil ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce Under §3301(c) of the Divorce Code was filed on June 30, 2008.. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 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. §}QQ4 relating to un# rn fassification to, authorities. /0-z2 c7-1? Date Y L. E WAIVER OF NOTICE OF INTENTION TO VEST ENTRY OF 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §9+10?4'r?lating to unsworn falsification tq authorities. /9_ 2- D ate L. c K Co : ! f, TRACY L. LEE, V. KENNETH W. LEE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division Plaintiff, No. 08-3883 Action in Divorce Defendant. DEFENDANT'S AFFIDAVIT OF CONSENT PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE Filed on behalf of Defendant, Kenneth W. Lee Counsel of Record for this Party: DALEY, ZUCKER, WILTON, MINOR & GINGRICH, LLC Sandra L. Wilton PA I.D. No. 32551 1029 Scenery Drive : Harrisburg, PA 17109 Telephone: (717) 657-4795 Facsimile: (717) 657-4996 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division TRACY L. LEE, Plaintiff, V. KENNETH W. LEE, No. 08-3883 Action in Divorce Defendant. DEFENDANT'S AFFIDAVIT OF CONSENT PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 30, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 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 herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: /a ZW c, 6 Kenneth W. Lee Defendant 103830.1 -2- .a CERTIFICATE OF SERVICE AND NOW, this2?day of October, 2008, I, Sandra Meilton, Esquire, for the law firm of Daley, Zucker, Meilton, Minor & Gingrich, LLC, attorneys for Defendant, hereby certify that I have this day served the foregoing Defendant's Affidavit of Consent Pursuant to Section 3301(c) of the Divorce Code, by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Michael F. Fenton, Esquire 149 East Market Street Third Floor York, PA 17401 Sandra L. Meilton -3- r.a CO '-. rte ' +7 y,9 ..f - rn C ma w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division TRACY L. LEE, Plaintiff, V. No. 08-3883 KENNETH W. LEE, Action in Divorce Defendant. DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE PURSUANT TO SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE Filed on behalf of Defendant, Kenneth W. Lee Counsel of Record for this Party: DALEY, ZUCKER, MEILTON, MINOR & GINGRICH, LLC Sandra L. Meilton PA I.D. No. 32551 1029 Scenery Drive Harrisburg, PA 17109 Telephone: (717) 6574795 Facsimile: (717) 657-4996 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division TRACY L. LEE, Plaintiff, V. No. 08-3883 KENNETH W. LEE, : Action in Divorce Defendant. DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE PURSUANT TO SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: d D $ eth W. Lee /Defendant 103833.1 -2- CERTIFICATE OF SERVICE AND NOW, thiseday of October, 2008, I, Sandra Meilton, Esquire, for the law firm of Daley, Zucker, Meilton, Minor & Gingrich, LLC, attorneys for Defendant, hereby certify that I have this day served the foregoing Defendant's Waiver of Notice of Intention to Request Entry of a Divorce Decree Pursuant to Section 3301(c) and Section 3301(d) of the Divorce Code, by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Michael F. Fenton, Esquire 149 East Market Street Third Floor York, PA 17401 andra L. Meilton -3- C9 r,,.: ...l ..1..._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TRACY L. LEE VERSUS KENNETH W. LEE DECREE IN DIVORCE No. 48-3883 CIVIL TERM 2Ca2S , IT IS ORDERED AND AND NOW, ('? c- 2GS 2-s DECREED THAT TRACY L. LEE AND KENNETH W. LEE ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, I DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. BY THE COU PROTHONOTARY ? r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA a L L, ,1--.?-?- Plaintiff File No. Vs IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or ? after the entry of a Final Decree in Divorce dated 1 0 ^ 6 d '6, hereby elects to resume the prior surname of (QC? L NM'illI t'D, and gives this written notice avowing his / her intention purs the provisions of 54 P.S. 704. Date O CIN Signature cmu't4 A. L - - Si of name being resumed COMMONWE TH OF PENNSYLVANIA ) COUNTY OF On the -aqN° day of rk8eb t r , 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. COMMONWEALTH OF PENNSYLVANIA Notary Public NOTARIAL SEAL DEBRA L. SWIGERT, NOTARY PUBLIC SOUTH MIDDLETON TWP., CUMBERLAND COUNTY MY COMMISSION EXPIRES JUNE 26, 2010 vV Am!