HomeMy WebLinkAbout05-1328
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LINDA B. LEE,
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
:ClVlL ACTION - LAW
:IN DIVORCE
PETER S. LEE,
:NO. 0 f: - Golf
C;o'cl~9L"'1
Defcndant
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 for any
other claim or rclief 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 thc divorce is indignities or irretrievable breakdown of the
marriage, you may requcst marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Court House
I Courthouse Square
Carlisle, Pennsylvania] 7013
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 A venue
Carlisle, PA 170]3
(717) 249-3166
(800) 990.9] 08
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LINDA B. LEE,
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY. PENNSYL VANIA
Plaintiff
v.
:CIVIL ACTION - LAW
:IN DIVORCE
PETER S. LEE,
C;u;L <-y-~
Defendant
:NO. or; - IJ;M>
COMPLAINT
AND NOW comes the Plaintiff, Linda B. Lee, who, by and through her attorneys.
Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of
Counsel, tiles this Complaint, in which she avers that:
I. Plaintiff, Linda B. Lee, is an adult individual residing at 305 Allendale
Way, Camp Hill, Cumberland County, Pennsylvania 170 II.
2. Defendant, Peter S. Lee, is an adult individual residing at 305 Allendale
Way, Camp Hill, Cumberland County, Pennsylvania 170 II.
3. Both parties were bona fide residents of the Commonwealth of
Pennsylvania for at least six months immediately prior to the tiling of the original
Complaint.
4. Plaintiff and Defendant were married on October 15, 1988.
5. There have been no prior actions in divorce or for annulment between the
parties in this or any other jurisdiction.
6. The marriage is irretrievably broken.
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7. Plaintiff has been advised of the availability of counseling and that
Plaintiff or Defendant has the right to request the Court to require the parties to
participate in such counseling.
COUNTl
REQUEST FOR A NO-F AUL T DIVORCE
UNDER SECTIONS 3301 (c) OR (d) OF THE DIVORCE CODE
8, The averments contained in Paragraphs I through 7 of this Complaint are
incorporated herein by reference as though set forth in full.
9. Plaintiff's marriage to Defendant is irretrievably broken.
10. Plaintiff has been advised that counseling is available and that she may
havc the right to request that the Court require the parties to participate in counseling.
WHEREFORE, pursuant to 23 Pa,C.S.A. 99330I(c) or (d), Plaintiff, Linda B.
Lee, respectfully requests the Court to enter a Decree of Divorce.
COUNT II
EQUITABLE DlSTRJBUTlON
UNDER SECTION 3502 OF THE DIVORCE CODE
] ] , The avennents contained in Paragraphs I through 10 of this Complaint arc
incorporatcd herein by refercnce as though set forth in full.
12. Plaintiff and Defendant have acquired property, both real and personal,
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during the marriage which constitutes marital property subject to equitable distribution
under the Divorce Code,
13. Plaintiff and Defendant each owned, prior to the marriage, both real and
personal property which has increased in value during the marriage, and/or which has
been exchanged for other property which has increased in value during the marriage, all
of which property is marital property, subject to equitable distribution under the Divorce
Code.
14. Plaintiff and Defendant have been unable to agree as to an equitable
division of said property.
WHEREFORE, Plaintiff, Linda B. Lee, respectfully requests the Court to divide
all marital property equitably between the parties.
COUNT III
REQUEST FOR ALIMONY
UNDER SECTION 3701 OF THE DIVORCE CODE
15. The averments contained in Paragraphs 1 through 14 of this Complaint are
incorporated herein by reference as though set forth in full.
16. Plaintiff lacks sufficient property to provide for her reasonable means and
is unable to completely support herself through appropriate employment.
17. Plaintiff requires reasonable support to adequately maintain herself in
accordance with the standard ofliving established during the marriage.
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WHEREFORE, Plaintilf, Linda B. Lee, respectfully requests the Court to enter an
award of alimony in her favor.
COUNT IV
ALIMONY PENDENTE LITE, COUNSEL FEES,
COSTS AND EXPENSES
UNDER SECTION 3702 OF THE DlVORC CODE
18, The averments contained in Paragraphs J through J 7 of this Complaint are
incorporated herein by reference as though set forth in full.
19. Plaintiff has employed counsel, but is unable to pay the necessary and
reasonable attorney's fees for said counsel.
20. Plaintiff is unable to sustain herself during the course of this litigation.
WHEREFORE, Plaintift~ Linda B. Lee, respectfully requests the Court to enter an
award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final
heari ng and thereupon a ward such additional counsel fees, costs and expenses as deemed
appropriate.
DATED: ]-1/-05
Respectfully submitted,
of Counsel
/~~
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BECKLEY & MADDEN
2 1 2 North Third Street
P.O. Box 11998
Harrisburg, P A 17108
(7]7) 233-7691
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VERIFICATION
I, Linda B. Lee, hereby verify that the statements made in the foregoing document
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 18 Pa. C. S. Section 4904,
relating to unsworn falsification to authorities.
DATED: 3 -j/--oS-
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LINDA B. LEE,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: CIVIL ACTION - LAW
vs.
: IN DIVORCE
PETER S. LEE,
: NO. 05 -- 1328
Defendant
ACCEPTANCE OF SERVICE
I, Susan M. Kadel, Esquire, hereby accept service of the Divorce Complaint filed
in the above-captioned action on behalf of the Defendant, P~:ter S. Lee.
DATED: 1'1~...?..s;. 1/"05"
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Susan . Kadel, Esquire
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PROPERTY SETTLEMENT AGREEMENT
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This is a Property Settlement Agreement entered into this .::5~ day of J~
(;
20M, by and between PETER S. LEE, of Cumberland County, Pennsylvania
(hereinafter referred to as "Husband").
and
LINDA B. LEE, of Cumberland County, Pennsylvania (hereinafter referred to as
"Wife").
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on October 15. 1988. and;
WHEREAS, unhappy differences have arisen between Husband and Wife III
consequence of which they are now living separate and apart from each other; and
WHEREAS, Husband and Wife are now in the process of obtaining a divorce.
and. consequently. they desire to settle and determine finally and for all time both their
respective financial and property rights, including any and all claims which either of them
may have against the other.
NOW THEREFORE, in consideration of this Property Settlement Agreement,
and of the mutual promises, covenants and undertakings set forth herein. and
incorporating the above "WHEREAS" clauses herein by reference, the parties hereto,
each intending to be legally bound, hereby agree as follows:
]. SEPARATION: It shall be lawful for eaeh party at all times hereafter to
live separate and apart from the other party at such place as he or she may from time to
time choose or deem fit. The foregoing provisions shall not be taken as an admission on
the part of either party of the lawfulness or unlawfulness of the causes leading to their
living apart.
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2. INTERFERENCE: Each party shall be free from interference, authority
and contact by the other, as fully as if he or she were single and unmarried except as may
be necessary to carry out the provisions of this Agreement. Neither party shall molest the
other or attempt or endeavor to molest the other, nor compel the other to cohabit with the
other, or in any way harass or malign the other, nor in any way interfere with the other's
peaceful ex istence, separate and apart from the other.
3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the
separation she has not and in the future she will not contract or incur any debt or liability
for which Husband or his estate might be responsible, and that she shall indemnify and
save harmless Husband from any and all claims or demands incurred by her.
4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that
since the separation he has not and in the future he will not contract or incur any debt or
liability for which Wile or her estate might be responsible, and that he shall indemnify
and save harmless Wife from any and all claims or demands made against her by reason
of debts or obligations incurred by him,
5. OUTST ANDING .JOINT DEBTS: All debts, obligations or liabilities
incurred at any time in the pa~t by either of the parties will be paid promptly by the party
which incurred such debt. obligation or liability, unless except as otherwise specifically
set forth in this Agreement. Each of the parties hereto further promises, covenants and
agrees that each will now and at all times hereafter save hannless and keep the other or
his or her estate indemnified and saved harmless from all debts or liabilities incurred by
him or her, as the case may be, and from all actions, claims and demands whatsoever
with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever
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appertaining to such actions, claims and demands.
Neither party shall, after the date of this Agreement, contract or incur any debt or
liability for which the other or his or her property might be responsible, and shall
indemnify and save hamlless the other from any and all claims or demands made against
her or him by reason of debts or obligations incurred by her or him, and from all costs,
legal costs and counsel fees incurred in connection therewith unless provided to the
contrary herein.
6. BANK ACCOUNTS, RETIREMENT ACCOUNTS AND
INSURANCE: Husband and Wife are owners of individual savings, checking and
pension accounts and insurance at various institutions, and Husband hereby releases all
claims in and to all accounts in the name of Wife, and Wife hereby releases all claims in
and to all accounts in the name of Husband, and each party shall retain as his or her
separate property each account currently titled to that party. Husband and Wife agree to
sign, upon request and after execution of this Agreement, any titles or any other
documents reasonably necessary to give effect to this Section.
7. HUSBAND'S RELEASE: Husband does hereby release, remIse,
quitclaim, and forever discharge Wife and the Estate of Wife from any and all claims that
he now has or may hereafter have against Wife, or in, to, or against her Estate or any part
thereof, whether arising out of any former contracts, agreements, engagements. or
liabilities of Wife, or by way of dower or claim in the nature of dower, spouse's right or
under any intestate laws or the right to take against Wife's Will, or for equitable
distribution, support, alimony, alimony pendente lite, or maintenance of any other nature
whatsoever. excepting only those rights accruing to Husband under this Postnuptial
Agreement.
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8. WIFE'S RELEASE: Wife does hereby release. remise. quitclaim. and
forever discharge Husband and the Estate of Husband from any and all claims that she
now has or may hereafter have against Husband. or in, to, or against his Estate or any part
thereof, whether arising out of any former contracts. agreements. engagements. or
liabilities of Husband. or by way of dower or claim in the nature of dower. spouse's right
or under any intestate laws or the right to take against Husband's Will. or for equitable
distribution, support. alimony, alimony pendente lite, or maintenance of any other nature
whatsoever. excepting only those rights accruing to Wife under this Postnuptial
Agreement.
9. MUTUAL INDEMNIFICATION: Each party represents that no debts,
liabilities. or obligations have been incurred or contracted for for which the other party or
the Estate of the other party may be responsible or liable. except those specifically
identified in this Agreement.
Each party hereto shall hereafter keep the other and his or her heirs and personal
representatives indemnified and saved harmless against and from all debts and liabilities
contracted for or incurred by or on behalf of the indemnifying party. and against and from
all actions, proceedings. claims, demands. costs, attorneys' fees and expenses incun'ed in
respect to any such debts or liabilities, excepting, however. obligations of the parties
hereto to each other under this Agreement.
10. DIVISION OF REAL PROPERTY: Wife owns the marital residence.
situated at 305 AlIendale Way. Camp Hill, Cumberland County, Pennsylvania. Husband
and Wife agree that Wife will remain the sole and exclusive owner of the marital
residence.
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] ]. DIVISION OF PERSONAL PROPERTY: The parties have divided
between them. to their mutual satisfaction, their personal property and the persona]
effects. household furniture and furnishings, and all other articles of personal property
which have theretofore been used by them in common. and neither party will make any
claim to any items of personal property which are now in the possession or under the
control of the other. Should it become necessary, the parties each agree to sign any titles
or documents necessary to give effect to this paragraph upon request.
12. AUTOMOBILES: Husband and Wife agree that Husband shall be the
sole and separate owner of the 200] Toyota Tacoma and Wife shall become the sole and
separate owner of the 2001 Toyota Solara. Husband and Wife agree to assume all
responsibility for any outstanding debt balance on his or her respective vehicle,
indemnifying and holding the other harmless from any financial responsibility arising
from nonpayment thercon. Husband and Wile agree to execute any and all instruments
and documents necessary in order to effectuate the transfer of title to said automobiles.
13, LIFE INSURANCE POLICIES: Husband and Wife agree to waive
any and all claims and relinquish all rights and interest they may have in any and all life
insurance policies of the other.
14. COUNSEL FEES: Husband and Wife agree to be solely and separately
responsible lor his or her own counsel fees,
15. BREACH: If either party breaches any provision of this Agreement the
other party shall have the right. at his or her election. to sue lor damages lor such breach.
to sue for specific performance. and to seek such other remedies or relief as may be
available to him or her. and the party breaching this contract shall be responsible lor
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payment of legal fees and costs incurred by the other in enforcing their rights under this
Agreement.
16. ADDITIONAL INSTRUMENTS: Each ofthe parties shall from time to
time, at the request of the other, execute, acknowledge, and deliver to the other party any
and all further instruments that may be reasonably required to give full force and effect to
the provisions of this Agreement.
17. VOLUNTARY EXECUTION: Wife has employed and had the benefit
of counsel from Elizabeth S. Beckley. Esquire, as her attorney. Husband has employed
and had the benefit of counsel from Susan M. Kadel, Esquire as his attorney.
Each party acknowledges that he or she fully understands the facts and has been
fully informed as to his or her legal rights and obligations. and each party acknowledges
and accepts that this Agreement is. under the circumstances, fair and equitable, and that it
is being entered into freely and voluntarily after having received such advice and/or with
such knowledge as each party desires, and that execution of this Agreement is not the
result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements. Also, each party hereto acknowledges that
under the Pennsylvania Divorce Reform Act. the Court has the right and duty to
determine all marital rights of the parties. including divorce, alimony, alimony pendente
lite. equitable distribution of all marital property or property owned or possessed
individually by the other. counsel fees and costs of litigation and, fully knowing the same
and being advised of his or her rights thereunder, each party hereto still desires to execute
this Agreement, acknowledging that the terms and conditions set forth herein are fair,
just, and equitable to each of the parties, and each party waives their respective right to
have the Court of Common Pleas or any Court of competent jurisdiction make any
determination or order affecting the respective parties' right to a alimony, alimony
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22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are
for convenience only. They shall have no effect whatsoever in detennining the rights or
obligations of the parties,
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year first above-written,
~h~~
Susan M. Kadel. Esquire
Pe
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c#ff! (K/i;m~
COMMONWEALTH OF PENNSYLVANIA )
) 55.:
D0\Ap\i; r\
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COUNTY OF
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On thIs the ----=- day of
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, 2001 before me. the undersigned
officer, personally appeared PETER S. LEE. known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument. and acknowledged that
he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
Lf{~i~\A AU ~. fL;L"
My Commission Expires:
NOOOM~oN%i!ALTH OF PENNSYLVANIA
Notarial Seal
Mar" B. laRue, Notary Pu!]k:
Derry Twp., Dauphin County
My Commission Expires NOlI, 8, 2009
Member, Pennsylvania Association of Notaries
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COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF
1JfJ7A pdJ/ j/
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On this the /3~y of J}duiulj
. 2005, before me, the undersigned
officer, personally appeared LINDA B. LEE, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument, and acknowledged that
she executed the same for the purpose therein contained.
IN WITNESS WHEREOF. I have hereunto set my hand and notarial seal.
My Commission Expires:
COMMONWEAlTH OF PENNSYLVANIA
NOTARIAL SEAL
ELIZABETH ~. BECKLEY. Notary Public
CI~ ot HarnsDurg, Dauphin County
M'. .' .<m1mlS3lOll Expires March I 7, 200~ .
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LINDA B. LEE,
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNS YL V AN IA
Plaintiff
v.
:CIVIL ACTION - LAW
: IN DIVORCE
PETER S. LEE,
Defendant
:NO. 05 - 1328
AFFIDAVIT OF CONSENT
I. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed on March 14, 2005.
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 of divorce after service of notice of
intention to request entry ofthe decree.
I verify that the statements made in this affidavit are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~
4904 relating to unsworn falsitication to authorities.
Dated: j-3;-O(P
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LINDA B, LEE,
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLV ANIA
Plaintiff
v.
:CIVIL ACTION - LA W
: IN DIVORCE
PETER S. LEE,
Defendant
:NO. 05 - 1328
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 330t(C) OF THE DIVORCE CODE
I. 1 consent to the entry of a tlnal decree of divorce without notice.
2. I understand that I may lose rights concernmg 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 alter it is filed
with the prothonotary.
I veri fy that the statements made in this affidavit are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S
4904 relating to unsworn talsification to authorities.
Dated: j- 3/- 0(0
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in a B. Lee
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C'il
LINDA B. LEE,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-1328
PETER S. LEE,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
March 14, 2005.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed from the date of both 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.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER &3301(c) OF THE DIVORCE CODE
I. 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! 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.A. g4904, relating to unsworn
falsification to authorities.
Date:
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P er S. Lee, Defendant
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LINDA B. LEl',
Plaintiff
: IN TIlE COURT OF COMMON PLEAS OF
: DAIJPIIIN COUNTY, PENNSYLV ANIA
v.
: CIVIL ACT]ON - LA W
: IN DIVORCE
PETER S. LEE,
Defendant
: NO. 05 -- 1328
PRAECII'E TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Please transmit the record. together with the (j)llowing information, to the COLllt
for the entry of a [kcree or Divorce.
I. Ground {()l" divorce: irretrievable breakdown of the marriage Ilnder Section
3301(c) of the Divorce Codc.
2. Datc and manner of scrvice of the Complaint: the complaint was servcd on
Peter S. Lce, by his attorncy. Susan M. Kadel. Fsquire, accepting service of thc same on
March 25, 2005.
3, Date ofexeeution of the af"lidavit ofeonscnt rcquircd by Section 3301(c) orthe
Divorce Code: by plainti IT on January 3\, 2006; by defendant on January 3. 2006.
4. Related claims pending: None,
5. (a) Datc plaintifrs Waiver or Notice January 31. 2006, and it is being
liled contemporaneously herewith.
(b) Date defendant's Waiver of Notice January 3. 2006, and it is being
filed conlcmporaneously herewith.
DATED: ~~ =<0"
BFCKLEY & MADDEN
212 North Third Street
1',0. Box 11998
Harrisburg, I' A \7\ 08
(717)233-7691
of Counsel
If'
CERTIFICATE OF SERVICE
1. Elizabeth S. Beckley. Esquire. herehy certify that a true and correct copy of the
foregoing document was this day served upon the person and in the manner indicated
below.
DATED, J-MG
SERVICE BY FIRST CLASS MAIL:
Susan M. KadeL Esquire
.lames Smith Dielleriek & Connelly
1',0. Box 650
lIershey.I'A 17033
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
STATE OF
LINDA B. LEE,
Plaintiff
VERSUS
PETER S. LEE,
Defendant
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PENNA.
No.
05 -- 1328
DECREE IN
DIVORCE
4"' tf,'ooA.tt1 .
2006
AND NOW,
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DECREED THAT
LINDA B. LEE
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AND
PETER s. LEE
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IT IS ORDERED AND
, PLAINTIFF,
, 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;
The Property Settlanent Agreanent between the parties shall be incorporated
into the final decree for purposes
but shall not merge with
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ATTEST:
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PROTHONOTARY
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