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HomeMy WebLinkAbout04-1128LINDA R. KEDNEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. CIVIL ACTION - DIVORCE NO. py -//.ZOO CIVIL TERM ROBERT O. KEDNEY, JR. Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce 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 Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SAIDIS, SHUFF, FLOWER & LINDSAY SHUFF, FLOWER Attorneys f Plaintiff & LINDSAY ,' ATTORNEYS-APLAW ' 26 W. High Street Carlisle, PA By: yl Caro . Lm say, Es-qi1?, ID# 44 93 26 st High Street Carlisle, PA 17013 (717) 243-6222 LINDA R. KEDNEY , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - DIVORCE NO. py _//,X P CIVIL TERM ROBERT O. KEDNEY, JR., Defendant IN DIVORCE COMPLAINT LINDA R. KENDEY, Plaintiff, by attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is LINDA R. KENDEY, who currently resides at 84 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania, 17013 where she has resided since December 2003. 2. The Defendant is ROBERT O. KEDNEY, JR., who currently resides at 1 West Mulberty Hill Road, Carlisle, Cumberland County Pennsylvania, where he has been since 1998. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 2, 1975 at Bloomington, SAIDIS Illinois. SHUFF, FLOWER LINDSAY Ar rohNEvs•nr•taw 5. That there have been no prior actions of divorce or for annulment between 26 W. Nigh Street Carlisle, PA the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attornevs for Plaintiff 1 By: ID # 693 26 VftstHigh Street Carlisle, PA 17013 (717) 243-6222 Date: 1/0 SAIDIS SHUFF, FLOWER & LINDSAY ATTORM!YS•A7•LAW 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. in R. Kedney, aintiff Date: SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. PA r N ` _-? LINDA R. KEDNEY, Plaintiff Vs. ROBERT O. KEDNEY, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - DIVORCE :NO. 04-1128 CIVIL TERM :IN DIVORCE ACCEPTANCE OF SERVICE I, Donald T. Kissinger, Esquire accept :service of the Complaint in SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Divorce on behalf of my client, Robert O. Kedney, Jr. and certifiy that I am authorized todo so. ry 6 ate Donald) T. Kissinger, Esq e I C o °r r m z C? s gip xc' : v c LINDA R. KEDNEY, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. :CIVIL ACTION - DIVORCE :NO. 04-1128 CIVIL TERM ROBERT O. KEDNEY, JR. :IN DIVORCE Defendant PETITION TO COMPEL DISCOVERY NOW COMES Linda R. Kedney, by and through her counsel, Saidis, Shuff, SAIDIS SHUFF, FLpWER & LINDSAY ATTORNCy$•AT.fAW 26 W. High Street Carlisle, PA Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on August 2, 1975 and having separated in December 2003. 2. On March 17, 2004, Petitioner filed a Complaint in Divorce and served the complaint along with a Request for Production of Documents and a brief set of interrogatories on the Respondent. 3. Respondent, through his counsel, accepted service. Respondent's counsel is Donald T. Kissinger, Esquire. Service was accepted effective April 14, 2004. 4. Over thirty days (30) have passed and there had been no response to the discovery request. On May 20, 2004 a reminder letter was sent to counsel a copy of which is attached hereto as Exhibit "A". 5. The discovery is not forthcoming. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the Respondent to Show Cause why the interrogatories should not be answered by Respondent and the documents requested provided by Respondent. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys forrEetitionK By: Carol J. Linda , Esquire ID# 44693 26 West Hi treet Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY TTTORMn-AT-LAW 26 W. High Street Carlisle, PA LINDA R. KEDNEY, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :W DIVORCE CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & VS. :CIVIL ACTION - DIVORCE :NO. 04-112EI CIVIL TERM ROBERT O. KEDNEY, JR. Defendant LINDSAY, Attorneys, hereby certify that I served the within Petition to Compel Discovery this ?2 L day of -.72004 by depositing same in the United States Mail, First Class, P age Prepaid, in Carlisle, Pennsylvania, addressed to: Donald T. Kissinger 130 Walnut St. P.O. Box 810 Harrisburg, PA 17,108 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff Carol J. Linds y, squire ID# 44693 26 West High treet Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION. I, the undersigned, hereby verify that the statements made herein 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. 01 A Date lw( Carol J. Lin ay I D # 441393 26 West ugh re, Carlisle, P 7013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•LAW 26 W. High Street Carlisle, PA c_.? r '(l Y (.? `? ?? ?_ r n> -n J ?? r c'? -? _,.? ? ._ ', ? i _'" ra ^i a r? ?'?, ^\ ? -G LINDA R. KEDNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBERT O. KEDNEY, JR.,: Defendant NO. 04-1128 CIVIL TERM ORDER OF COURT AND NOW, this 25 h day of June, 2004, upon consideration of Plaintiff's Petition To Compel Discovery, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Donald T. Kissinger, Esq 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Defendant :rc Ji ? ll `Jr i :.E 11?1i '?' dins Ps : I11'll Sz f ,;r "jz hl;!i F. 1.Ccid ..Hl _10 .. rcl:+i:-Q?i Ili LINDA R. KEDNEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. CIVIL ACTION - DIVORCE NO. 04-1128 CIVIL TERM ROBERT O. KEDNEY, JR. Defendant IN DIVORCE PETITION FOR RULE ABSOLUTE AND NOW comes Linda R. Kedney, by and through her counsel Saidis, Shuff, Flower & Lindsay, and petitions this Honorable Court as follows: 1. On June 25, 2004 this Honorable Court entered a Rule upon Petitioner's Petition to Compel Discovery to show cause why the discovery requested should not be provided. The rule was returnable within 20 days of service. A copy of the Rule is attached hereto as Exhibit "A". 2. The Rule was served on Counsel for Respondent on June 30, 2004. 3. Twenty days have passed and no discovery has been provided. WHEREFORE, Petitioner prays this Honorable Court to make the Rule Absolute and to require Defendant herein to answer the Discovery propounded by Plaintiff. SAIDI;S, SHU OWE & LINDSAY Attorneys fob etitionerI SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA By: Carol J. Lindy y, E ID# 44693 26 West ree Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and SAIDIS SHUFF, FLOWER & LINDSAY correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to uns Date 26 W. High Street Carlisle, PA 26 West High Street Carlisle, PA 17013 (717) 243-6222 LINDA R. KEDNEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. CIVIL ACTION - DIVORCE NO. 04-11213 CIVIL TERM ROBERT O. KEDNEY, JR. Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Rule Absolute this day of , 2004 by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Donald T. Kissinger 130 Walnut St. P.O. Box 810 Harrisburg, PA 17108 SAIDIS, SHUFF,`FLOWEF UL RSAY Attorneys for Petit i / J1 SAIDIS SHUFF, FLOWER & LINDSAY ID# 44692/ 26 West High StreE Carlisle, PA 17013 (717) 243-6222 uire 26 W. High Street Carlisle, PA LINDA R. KEDNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBERT O. KEDNEY, JR.,: Defendant NO. 04-1128 CIVIL TEEM ORDER OF COURT AND NOW, this 25`h day of June, 2004, upon consideration of Plaintiff's Petition To Compel Discovery, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, C 01J * Lindsay, Esq. West High Street Carlisle, PA 17013 Attorney for Plaintiff Donald T. Kissinger, Esq. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Defendant :rc TRUE COPY FROM RECORD to Testimony whereat, I here unto set my hand and the seal of said CzAat Carlisle, PL This_?.ty oj- .__.'y Prothonadari r"? N _? r ?7 ." C., C u I_..:: _^f ?- fil T ?,? ~ _r rn -? ?,-, ?=1 (7 _ .. _.. .? },. LJ r? JUL 2 8 200 LINDA R. KEDNEY Plaintiff VS. ROBERT O. KEDNEY, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04-1128 CIVIL TERM IN DIVORCE Defendant SAIDIS SHUFF, FLOWER & LINDSAY AT7 MEYS•AT•I.AW 26 W. High Street Carlisle, PA ORDER OF COURI1 2004, upon AND NOW, this 9_'5" (L day of _-S consideration of the within Petition, the rule of this court of June 25, 2004 is made absolute. Defendant is required to provide the discovery requested by the Petitioner within 2 0_ days of the date of service of this Order. ?a oV J. By the Court, r o ?O 4>C> i cn ? r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINDA R. KEDNEY, ) Plaintiff/Respondent ) V. ) ROBERT O. KEDNEY, JR., ) Defendant/Petitioner ) NO. 04-1128 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION TO COMPEL DISCOVERY PURSUANT TO Pa.R.C.P. 4019(a)(1) AND NOW, comes Robert O. Kedney, Jr., Defendant/Petitioner, by and through his counsel, Howett, Kissinger, Conley & Holst, P.C., and files this Motion to Compel Discovery Pursuant to Pa.R.C.P. 4019(a)(1) and in support thereof states as follows: Plaintiff/Respondent, Linda R. Kedney (hereinafter referred to as "Wife"), and Defendant/Petitioner, Robert O. Kedney, Jr. (hereinafter referred to as "Husband"), are husband and wife having been married on August 2, 1975 and are currently separated. 2. On or about March 17, 2004, Wife filed a Complaint in Divorce commencing the above-captioned action. 3. On November 9, 2004 Husband served Wife with Defendant's Request for Production of Documents-First Set and Defendant's Interrogatories to Plaintiff-First Set. 4. After thirty (30) days had passed without receiving answers, Husband's attorney on January 7, 2005 wrote to Wife's attorney and reminded her that the discovery requests were due and requested that she provide him with a date when she expected to provide the responses to the discovery requests. A copy of the January 7, 2005 letter is attached hereto, marked Exhibit "A," and incorporated by reference herein as if set forth at length. 5. When Wife did not respond to this letter, Husband's counsel on March 15, 2005 again wrote to Wife's counsel requesting that she advise of the status of her client's responses to Husband's discovery requests. A copy of the March 15, 2005 letter is attached hereto, marked Exhibit "B," and incorporated by reference herein as if set forth at length. 6. On or about April 6, 2005, Wife's counsel wrote to Husband's counsel advising that she had spoken with her client and hoped to pull together the discovery requests by the end of the week and therefore forward them to Husband's counsel by the middle of the following week. A copy of the April 6, 2005 is attached hereto, marked Exhibit "C," and incorporated by reference herein as if set forth at length. 7. Despite this letter, Husband's counsel never received responses to the discovery requests. Accordingly, by letter dated May 6, 2005, Husband's counsel again wrote to Wife's counsel again requesting a status update and indicating that if he did not receive it, that he would be forced to proceed with a Motion to Compel. A copy of the May 6, 2005 letter is attached hereto, marked Exhibit "D," and incorporated by reference herein as if set forth at length. 8. To date, Husband's counsel has not received a response to his May 6, 2005 letter and to date, Husband has not received the responses to the discovery requests. 9. Pa.R.C.P. 4019(a)(1) provides the court with the authority to enter an order compelling discovery. WHEREFORE, Petitioner respectfully requests this Honorable Court issue a rule upon the Respondent to show cause why the Interrogatories should not be answered by Respondent and the documents requested provided by Respondent. Date: Q A-3 Respectfully submi Donald T. Kissinger, Esqui HOWETT, KISSINGER, CONLE & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Robert O. Kedney, Jr., Defendant 4 VERIFICATION I, Donald T. Kissinger, Esquire, the undersigned, hereby verify that the statements made herein 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: - _? Donald T. Kissinger, Esqui HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Robert O. Kedney, Jr., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINDA R. KEDNEY, ) Plaintiff/Respondent ) V. ) ) ROBERT O. KEDNEY, JR., ) Defendant/Petitioner ) NO. 04-1128 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Robert 0. Kedney, Jr., Defendant/Petitioner in the above-captioned action, hereby certify that a true and correct copy of the foregoing Motion to Compel Discovery Pursuant to Pa.R.C.P. 4019(a)(1) was served upon Carol J. Lindsay, Esquire, counsel for Plaintiff/Respondent Linda R. Kedney, by depositing same in the United States mail, first class, on June 3, 2005, addressed as follows: Carol J. Lindsay, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013-2956 Date: Donald T. Kissinger, Esquire V HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Robert O. Kedney, Jr., Defendant L.aw OFFICES „r r HOWETT, KISSINGER & CONLEY, P.C. 114) WALNUT STREET POST OFFICE BOX 9117 H+Rxtiat Rc. PEC?sswasu 17109 JOHN C. HO%%ETT. JR. DONALD T. KISSINGER CINDY S. CONLEY DARRENI. HOLST DEBRA NI. SHIMP Legal Assi•tane January 7, 2005 Carol J. Lindsay, Esquire SAIDIS, SHIJFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Re: Kednev v. Kednev Dear Carol: ,717, ?)a-'n In FAN 717, 2u-;30-' My tickler for the discovery due date in this case recently came up indicating that Mrs. Kedney's responses to our discovery requests were due. Obviously, given the amount of time it took us to answer your discovery requests, I am not demanding that your responses be provided immediately. However, if you would be so courteous as to provide me with a date when you expect to provide those responses, I would appreciate it. I look forward to hearing from you. Sincerely, Donald T. Mssinge DTK/glg cc: Robert O. Kedney, Jr. ?x?„??? ? LAw Omces of HOWETT, KISSINGER & CONLEY, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG. PENNSYLVAMA 17108 JOHN C. HOWETT. JR. DONALD T. KISSINGER CINDY S. CONLEY DARREN J. HOLST DEBRA NI- SHISIP Legal Assistant March 15, 2005 VIA FAX 243-6486 & AIAIL Carol J. Lindsay, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Re: Kedney v, Kednev Dear Carol: (717) 234-2616 FAX (717) 234-5402 Please advise of the status of your client's responses to my discovery requests. If I do not hear from you within two weeks from the date of this letter, I will assume that you will not be voluntarily providing the information requested and will file a Motion to Compel. I am hopeful this will not be necessary. Sincerely, Donald T. Kissinger DTK/glg cc: Robert O. Kedney, Jr. 04/06/2005 14:16 7172436510 SAIDIS SNUFF FLOWER C 'ORN: E. SLIKE ROK13T C. SAIDIS CEOFFRE•Y S. SHUFF AMES D. FLOWER ) R CAROL J. LINDSAY MA=4E%V I. E514Fl.n}ANT KIRK S. SOHONACE I-HCIMASF FILOWFr UNDSAY GINGRICH MACLAY JACLYN SMITH LAW OFPICU SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLTSI.E, PENNSYLVANIA 17013 TELEPHONE: (717)2436222-FACSIMILE: (717) 243.6486 EMAIL• attorney@)55f1-1aw.cwm w .ssfl-la W.com April 6, 2005 VIA FACSIMILE 717 234-5402 and Regular U.S. Mail Donald T. Kissinger 130 Walnut St. P.O. Sox 810 Harrisburg, PA 17108 RE: Kedney v. Kedney Dear Don: PAGE 02/02 CAMP HILL OFFICE 21.09 M ARKET STREET CAM? HILL, PA 17011 TELEPHONE: (71%1737.3405 FACSIMILE: (,^17)737.3407 RiFM1n 0.eP¢rnlu•w REPLY TO CARLISLE I had a long talk with Linda Kedney yesterda, ' /, She believes she can pull together the discovery requests by the end of the week and I should have them by the middle of next week. I will review them and get them out to you as soon as I get them. Very I:ruly yours, SAIDIS, SHUFF, FLOWER & LINDSAY Caro/). In C3L:ap cc: Linda Kedney LAW OFFICES OF HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARMBCRG. PawSYLVA?IA 17108 JOHN C. HOWETT. IR. DONALD T KISSINGER CINDY S. CONLEY DARREN J. HOLST DEBRA M. SHMP Legal Assistant May 6, 2005 Carol J. Lindsay, Esquire SAIDIS, SNUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Re: Kednev v. Kednev Dear Carol: (717) 234-2616 FAX (717) 234-540_^ It has now been exactly one month since I last heard from you in this case, and I understood that I would be receiving documents before mid April. Please provide me with an immediate status update on the requested discovery or we will be forced to proceed with a motion to compel. Sinc . Donald T. Kissinger DTK/djk cc: Robert O. Kedney, Jr. (wlencl) ? a -„ -„?z, r= `= m snr n r? c:i. a ?---- ? '? p ? `? `' u'? ? LINDA R. KEDNEY, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. :CIVIL ACTION - DIVORCE :NO. 04-1128 CIVIL TERM ROBERT O. KEDNEY, JR. :IN DIVORCE Defendant Petition to Withdraw as Counsel NOW COMES Carol J. Lindsay and Saidis, Shuff, Flower & Lindsay and Petitions this Honorable Court as follows: 1. Petitioner is the counsel for Linda Kedney having been retained on February 6, 2004 and having filed on behalf of the Plaintiff a Complaint in Divorce to the above caption. 2. Since the filing of the Complaint in Divorce on March 17, 2004 certain discovery has been provided to Plaintiff by Defendant on November 9, 2004. Six months have gone by and despite repeated reminders, Plaintiff has not answered the discovery. 3. Without Plaintiffs cooperation Petitioner cannot serve effectively as counsel. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the parties to show cause why Petitioner should not be permitted to withdraw as counsel for the Plaintiff. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Carlisle, PA 17013 (717) 243-6222 LINDA R. KEDNEY, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. :CIVIL ACTION - DIVORCE :NO. 04-1128 CIVIL TERM ROBERT O. KEDNEY, JR. . :IN DIVORCE Defendant VERIFICATION I, the undersigned, hereby verify that the statements made herein are true SAIDIS CHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA 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. Rape i Carol J. Limy ID # 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 l LINDA R. KEDNEY, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. :CIVIL ACTION - DIVORCE :NO. 04-1128 CIVIL TERM ROBERT O. KEDNEY, JR. :IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Anny Pier, Secretary to Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SNUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition to Withdraw as Counsel this 3m day of June, 2005 by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Donald T. Kissinger 130 Walnut St. P.O. Box 810 Harrisburg, PA 17108 And to Linda Kedney 812 Peachplace Drive Fort Mill, South Carolina 29715 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA By: Ann Per, Secretary To of J. Lindsay, Esquire ID# 4693 26 West High Street Carlisle, PA 17013 (717) 243-6222 c? o r G? -n c nip ) CD T 9 Q `_ ; SAIDIS HUFF, FLOWER & LINDSAY ATMRNEYS•AT•LAW 26 W. High Street Carlisle, PA LINDA R. KEDNEY, Plaintiff RECEIVED JUN 0 8200 .IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION - DIVORCE :NO. 04-1128 CIVIL TERM ROBERT O. KEDNEY, JR. :IN DIVORCE Defendant ORDER OF COURT AND NOW, this day of S u1zL , 2005, upon consideration of the within Petition a Rule is issued on the parties to show cause why Carol J. Lindsay, Esquire and Saidis, Shuff, Flower & Lindsay should not be permitted to withdraw as counsel. Rule returnable lb days from the date of service of this order. By the Court, f_ l L.u r` LL/ LL ?h N C,j v E J LINDA R. KEDNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW ROBERT O. KEDNEY, JR., : Defendant NO. 04-1128 CIVIL TERM ORDER OF COURT AND NOW, this 13`h day of June, 2005, upon consideration of Defendant's Motion To Compel Discovery Pursuant to Pa. R.C.P. 4019(a)(1), a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. -,(arol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Ronald T. Kissinger, Esq. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Defendant C???.o5 0 19 :rc BY THE COURT, 91 =11 liv I I 'Ar SON A`t3VICI3'dD}-1iOdd Ni 3n 30111.0-031U LINDA R. KEDNEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. CIVIL ACTION - DIVORCE NO. 04-1128 CIVIL TERM ROBERT O. KEDNEY, JR. Defendant IN DIVORCE PETITION FOR RULE ABSOLUTE AND NOW comes Carol J. Lindsay and petitions this Honorable Court as follows: 1. The Petitioner is the attorney of record of the Plaintiff in the captioned case. 2. On June 11, 2005 a rule was issued upon the Plaintiff to show cause why the Petitioner should not be permitted to withdraw as counsel. The rule was returnable 10 days from the date of service of the order. 3. The order was served on Plaintiff and on Defendant on June 16, 2005. A copy of the transmittal letter is attached hereto as Exhibit "A". 4. No answer to the Petition has been filed. WHEREFORE, Petitioner prays this Honorable Court to make the Rule of June 11, 2005 Absolute and to permit Petitioner to withdraw as counsel for the Plaintiff. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for t' By: l? Carol J. 1 ay, Esquir ID#44 3 26 We4-H gh Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and SAIDIS SHUFF, FLOWER & LINDSAY ATTORMYS•AT•LAW 26 W. High Street Carlisle, PA 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. Z 7, 2VP5 Dat Carlisle, PA 17013 (717) 243-6222 LINDA R. KEDNEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. CIVIL ACTION •• DIVORCE NO. 04-1128 CIVIL TERM ROBERT O. KEDNEY, JR. Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Rule Absolute this day of 2005 by depositing same in the United States Mail, First Class, Posta6e Poepaid, in Carlisle, Pennsylvania, addressed to: Donald T. Kissinger 130 Walnut St. P.O. Box 810 Harrisburg, PA 17108 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Petitioner By: Caro . Lin ay squire ID# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA LINDA R. KEDNEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA Plaintiff Vs. CIVIL ACTION •• DIVORCE NO. 04-1128 CIVIL TERM ROBERT O. KEDNEY, JR. : Defendant IN DIVORCE CERTIFICATE OF SERI/ICE I, Anny Pier, Secretary to Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SNUFF, FLOWER & LINDSAY, Attorneys, her by certify that I served the within Petition for Rule Absolute this 7 day of 2005 by depositing same in the United States Mail, First Class, stage Prepaid, in Carlisle, Pennsylvania, addressed to: Linda Kedney 812 Peachplace Drive Fort Mill, South Carolina 29715 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Petitioner I By:440 Anny i , Secretary to Caro J indsay, Esquire ID# 93 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS MUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA ? N co u? 'r'1 ?, r "T. __ ITS ra ?, ?; ?., ?;, ?, ., ?. ;.-<" ?` r ) `j7i1 . h.? _ ?,;T C::} .h RECEIVED JUN 2820051 LINDA R. KEDNEY Plaintiff SAIDIS UFF, FLOWER LINDSAY TOMYs•ATa.AW W. High Street Carlisle, PA VS. ROBERT O. KEDNEY, JR. : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04-1128 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this day of Tmh t-_, 2005, upon consideration of the within Petition for Rule Absolute, the rule issued on June 11, 2005 is made absolute. Carol J. Lindsay, Esquire and Saidis, Shuff, Flower & Lindsay, P.C. are permitted to withdraw as counsel for Plaintiff in the captioned case. J. Rv the Court. r co ? 0 ? n ? t5 G_. U tY: 1 "1 ?' 1 J LL ^ ? j .1r Lf3 C1- 1"' Y' cn v o J 4 7 ?s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINDA R. KEDNEY, Plaintiff/Respondent ) V. ) ROBERT O. KEDNEY, JR., ) Defendant/Petitioner ) NO. 04-1128 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendant/Petitioner, Robert O. Kedney, Jr., by and through his counsel, Howett, Kissinger, Conley and Holst, P.C., and files this Petition to Make Rule Absolute, and in support thereof states as follows: On or about June 6, 2005, Petitioner, Robert O, Kedney, Jr. (hereinafter referred to as "Husband"), filed a Motion to Compel Discovery pursuant to Pa.R.C.P. 4019(a)(1). 2. On June 13, 2005, the court entered a Rule to Show Cause upon Respondent, Linda R. Kedney (hereinafter referred to as "Wife"), directing her to show cause why the relief requested should not be granted. Said Rule was made returnable within twenty (20) days of service. The court served a copy of the Rule directly on Wife's counsel at that time, Carol J. Lindsay, Esquire. 4. In addition, on June 21, 2005, Husband's counsel also forwarded a copy of the June 13, 2005 Order of Court to Wife's counsel at the time. A copy of the June 21, 2005 letter is attached hereto as Exhibit "A," and incorporated by reference herein as if set forth at length. 5. On or about June 30, 2005, this Honorable Comt granted Wife's counsel permission to withdraw as counsel for Wife. To date, Wife has neither answered Husband's 2 Motion to Compel Discovery pursuant to Pa.R.C.P. 4019(a)(1) or provided responses to Husband's discovery request. However, Wife's counsel provided Husband's counsel with the following service address for Wife: 812 Peachplace Drive Fort Mill, SC 29715 (A copy of the letter from Wife's counsel containing said address is attached hereto marked Exhibit "B," and incorporated by reference herein as if set forth at length.) 6. Pa.R.C.P. 206.7 entitled "Procedure After Issuance of Rule to Show Cause," at subsection (a) provides as follows: If an answer is not filed, all averments of fact in the petition may be deemed admitted for the purposes of this subdivision and the court shall enter an appropriate order. WHEREFORE, Defendant/Petitioner respectfully requests this Honorable Court to enter an order compelling Plaintiff/Respondent to provide full and complete responses to Defendant's Request for Production of Documents-First Set and Defendant's Interrogatories to Plaintiff-First Set within a reasonable period of time. Date: Respectfully submitted, % Donald T. Kissinger, s uire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Robert O. Kedney, Jr Defendant/Petitioner LA- OFFICES OF HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBLRG. PENNSYLVANIA 17108 JOHN C. HOWETT. JR. DONALD T. KISSINGER CINDY S. CONLEY DARREN J. HOLST DEBRA M. SHI`1P Legal Assistant June 21, 2005 Carol J. Lindsay, Esquire SAIDIS, SHUIFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Re: Kedna +. Kednev Dear Carol: 17171'_31-2616 FAX 17171''_31-510'_ Enclosed please find a copy of the June 13, 2005 Order of Court issuing a Rule upon your client, Linda R. Kedney, to show cause why the relief requested in our Motion to Compel Discovery should not be granted. Sincerely, Donald T. Kissinger DTKJgIg Enclosure cc: Robert O. Kedney, Jr. C LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JOHN E. SLIKE CARLISLE, PENNSYLVANIA 17013 ROBERT C. SAIDIS TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 GEOFFREY S. SHUFF EMAIL: attorney@ssfl-law.com JAMES D. FLOWER, JR www.ssfl-law.com ?. _._ CAROL J. LINDSAY " ? ITHEW I. FSHELMANt M.4 : o } KIRK S. SOHONAGE r THOMAS E. FLOWER LINDSAY GINGRICH MACLAY 7y?r JUL 1 LL'C i JACLYN SMITH i July 5, 2005 VIA FACSIMILE 717 234-5402 and Regular U.S. Mail Donald T. Kissinger 130 Walnut St. P.O. Box 810 Harrisburg, PA 7108 RE: Kedney v. Kedney Dear Don: I enclose a copy of the court's order of counsel for Linda Kedney. Kindly forwa 812 Peachplace Drive, Fort Mill, South Thank you for your help. CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (71737-3407 t B..d Cendi dCrcd.t r" Rights Rcprcemuian REPLY TO CARLISLE June 30, 2005 permitting me to be removed as •d your future correspondence to Ms. Kedney at Carolina 29715 directly or to her new counsel. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY Carol J. Lindsay C-IL•an Enclosure (Order of Court) Cc: Linda Kedney IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINDA R. KEDNEY, ) Plaintiff/Respondent ) NO. 04-1128 CIVIL TERM V. ) ROBERT O. KEDNEY, JR., ) CIVIL ACTION - LAW Defendant/Petitioner ) IN DIVORCE CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Robert O. K.edney, Jr., Defendant in the above-captioned action, hereby certify that a true and correct copy of the foregoing Petition to Make Rule Absolute was served upon Plaintiff, Linda R. Kedney, by depositing same in the United States mail, first class, on July 13, 2005, addressed as follows: Linda R. Kedney 812 Peachplace Drive Fort Mill, SC 29715 Date: / Donald T. Kissinger, Esquire HOWETT, KISSINGER, CONLEY OLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717" 234-2616 Counsel for Robert O. Kedney, Jr., Defendant/Petitioner Ga N _! 1-4 C-n W RECEIVED JUL 15 2005 y Donald T. Kissinger, Esquire HOWETT, KISSINGER, CONLEY & HOLST, P,C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Robert O. Kedney, Jr., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINDA R. KEDNEY, ) Plaintiff/Respondent ) V. ) ROBERT O. KEDNEY, JR., ) Defendant/Petitioner ) NO. 04-1128 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PROPOSED ORDER AND NOW, this _a day of 2005, upon consideration of the within Petition to Make Rule Absolute, the Rule dated June 13, 2005 is made absolute. Plaintiff, Linda R. Kedney, is directed to provide full and complete responses to Defendant's Request for Production of Documents-First Set and Defendant's Interrogatories to Plaintiff-First Set within rj16 days of the date of this Order. Distribution: Linda R. Kedney 812 Peachplace Drive Fort Mill, SC 29715 '7-l5 -Os; 1 BY THE COURT: HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Donald T. Kissinger, ;Esquire }}O '? ?! 70d 3UUG /}Nt V.i Vl,f, J , iY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINDA R. KEDNEY, Plaintiff ) NO. 04-1128 CIVIL TERM V. ) ROBERT O. KEDNEY, JR., ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on March 17, 2004. 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(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 above 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: ( r` 1E- ,a R. Kedney, Plainti ? r.. f`y`I r-7 { , ?I?I -,....5 ? ....i w? r. a.. f ._. - t_ii K W? - -• IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINDA R. KEDNEY, Plaintiff ) NO. 04-1128 CIVIL TERM V. ) ROBERT O. KEDNEY, JR., ) CIVIL ACTION - LAW Defendant ) IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on March 17, 2004. 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(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 above 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: ?C " ` ?f Fl 4 F-. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LINDA R. KEDNEY, Plaintiff ) NO. 04-1128 CIVIL TERM V. ) ROBERT O. KEDNEY, JR., ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by Donald T. Kissinger, Esquire on April 14, 2004. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, June 2, 2007; by defendant, June 14, 2007. 4. Related claims pending: No related claims pending. 5. Date plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: b Donal singer, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant Robert O. Kedney, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LINDA R. KEDNEY, t -- Plaintiff VERSUS ROBERT O. KEDNEY, JR., Defendant No. 2004-1128 CIVIL TERM DECREE IN DIVORCE 2007 AND NOW, , IT IS ORDERED AND DECREED THAT LINDA R KEDNEV , PLAINTIFF, AND ROBERT O. KEDNEY, JR. , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. BY THE COURT: PROTHONOTARY All ,V74 * - -Xv ca. qe -I &0r ac. 47