The URL can be used to link to this page

Home My WebLink About05-3906DENNIS F. LEE, Plaintiff V. SUSAN CHASE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05- 390 IN DIVORCE CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody 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 CUMBERLAND COUNTY COURTHOUSE 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 Wayne Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street WAYNE F. SHADE Carlisle, Pennsylvania 17013 AttomeY at Law 53 west Pomfret Street Telephone: 717-243-0220 Carlisle, Permsyhataa Attorney for Plaintiff 17013 DENNIS F. LEE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. OS- 390 CIVIL TERM SUSAN CHASE, Defendant : IN DIVORCE COMPLAINT 1. Plaintiff in this Action in Divorce is DENNIS F. LEE, an adult individual who resides at 2012 Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is SUSAN CHASE, an adult individual and citizen of the United States of America who resides at 515 North Muhlenberg Street, Allentown, Lehigh County, Pennsylvania 18104. 3. Plaintiff has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. 4. Plaintiff and Defendant were lawfully joined in marriage on August 24, 2002, in WAYNE K SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Bethlehem, Northampton County, Pennsylvania. 5. The parties have never lived in marital cohabitation. 6. Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. Both parties to this Action in Divorce are legally capable of managing their own concerns. 9. Defendant herein is not a member of the armed forces of the United States of America. 10, There were no children born of this marriage. it. Plaintiff has been advised that counseling is available and that Plaintiff may have AYNE R SHADE Attomey at Law West Pomfret Street lisle, Pennsylvania 11013 the right to request that the Court require the parties to participate in counseling. -2- WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. Wayne F. bade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff VAYNE R SHADE Attorney at Law West Pomfret Sheet arlisle, Pennsylvania 17013 -3- I verify that the statements made in this pleading 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: July 28, 2005 ba" L Dennis F. Lee WAYNE F. SHADE Attorney at Law 13 West Pomfret Street -'arllsle, Pennsylvania 17013 -1 j -4? W -ts0 G J? G 1 n DENNIS F. LEE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 05-3906 CIVIL TERM SUSAN CHASE, Defendant : IN DIVORCE PRAECIPE TO: Curtis R. Long, Prothonotary Please reinstate the Complaint in the above-captioned action. Date: August 25, 2005 Wayn6F. Shade, squire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Altomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 r? ?? c> ??, r> y ? 1t ??~) T. -'; `. _._ ^r ..,> ?_? v - ` ? F . ? _. ? ' C r: . ? .. . w ;p DENNIS F. LEE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 05-3906 CIVIL TERM SUSAN CHASE, Defendant : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT SECTION 33010 OF THE DIVORCE CODE 1. The parties to this action in divorce have never lived in marital cohabitation. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim theiQ before a divorce is granted. 4. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 The Defendant is not in the military service. 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: August 2 , 2005 Dennis F. Lee WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 rn CJl ' S{J U DENNIS F. LEE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 05-39015 CIVIL TERM SUSAN CHASE, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE WAYNE F. SHADE, ESQUIRE, certifies that he is counsel for Plaintiff in the above-captioned matter, that he did, on August 25, 2005, serve the Complaint in Divorce in the above-captioned matter upon Defendant by certified United States mail, postage prepaid, return receipt requested, addressee only, and that the same was received by Defendant on August 29, 2005, as evidenced by the return receipt card attached hereto bearing Certified No. 7099 3400 0018 5044 8523. It is understood that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: September 1, 2005 Wayne Shade WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ITT ru Ln Postage $ .60 tO Certified Fee 2.30 Postmark Return Receipt Fee (Endorsement Required) r-q 1.75 Here August 25 0 M Restricted Delivery Fee C3 (Endorsement Required) 3.50 2005 EM Total Postage & Fees $8.15 O S R 'plant's Nam lease Print Clearly) (to be completed by mailer) m gusan Nase - ----------------------- tr S??"5' IT6r`th fuhlenberg Street ------------------------ illga, entown, PA 18104 ° TfI Item a N RWW4 d D*,Wy Is dMx.d. ¦ Print yaw nenes and address on the tewlres so that we can iv isn the and b you. ¦ Attach this card to the hatdt of that mal"we, or on the hoer If space permits. 1. Ai Addressed to: Ms. Susan Chase 515 N. Muhlenberg Street Allentown, PA 18104 0. 1119001 by (PAVed Newlel 0 C= t- D Apent D. M dMwry address dlhnM bon k%-r U Yal If YES, order d*my pddleee below: ? No 0 0 ut r? 17i 'eZ (V 0 CsrWW Mail ? Exixees Mail • Rapiaterad ? Return Raoelpt for Merchandise ? insured mail ? C.O.D. 0 T7 ?-1 J q 'ITT - r_ 2. Numbeir 7099 3400 0018 5044 8523 (fitrW tin AasrtereYe dais® . P8 fam 3011, Auyuat tam Dsarsssa Pescara A . 'll toonssu4A.OM DENNIS F. LEE, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 05-3906 SUSAN CHASE, Defendant IN DIVORCE CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS 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 the Court may enter a decree of divorce or annulment against you. A judgment may also be entered against you for any other claim or relief requested. You may lose money or property or other rights important to you. When the grounds for divorce include indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOOSE THE RIGHT TO ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 DENNIS F. LEE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO. 05-3906 CIVIL TERM SUSAN CHASE, Defendant : IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE WITH COUNTERCLAIM AND NOW, this 190' day of September, 2005 comes the Defendant, SUSAN CHASE, by and through her attorney, Valerie J. Faden, Esquire, and answers the Complaint in Divorce as follows: ANSWER TO COMLAINT 1-4. Admitted on information and belief 5. Denied. It is specifically denied that the parties have never lived in marital cohabitation. The parties were married on August 24, 2002 and separated on or about June 21, 2005. The parties have not lived separate and apart for two years. 6. Admitted. 7. Admitted. 8. Denied. Defendant is without sufficient income to support and maintain herself during the pendency of this action and Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. 9._11. Admitted on information and belief. WHEREFORE, Plaintiff requests this honorable court to dismiss Defendant's Complaint under Section 3301(d) for failure to conform to the requirements of Section 3301(d)(1) of the Pennsylvania Divorce Code. COUNTERCLAIM FOR DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 12. Defendant's answers to the Complaint in Divorce are incorporated herein and made a part hereof by reference. 13. Plaintiff and Defendant were married on August 24, 2002 and separated on or about June 21, 2005. 14. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 15. The causes of action and sections of the Divorce Code under which Defendant is proceeding are: A. Section 3301(c) - the marriage of the parties is irretrievably broken. B. Section 3301(d) - the marriage of the parties is irretrievably broken. The parties separated on or about June 21, 2005. 16. No children were born of this marriage. 17. This action is not collusive. 18. Defendant is not a member of the Armed Services of the United States or any of its Allies. 19. Defendant has been advised that counseling is available and does not request that the Court require that she and her spouse participate in marriage counseling prior to a divorce decree entered by this Honorable Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a final decree in divorce. COUNTI CLAIM FOR ALIMONY PENDENTE LITE 20. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 21. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable Alimony Pendente Lite during the pendency of this action. COUNT 11 CLAIM FOR ALIMONY 22. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living established during the marriage. 23. Defendant is unable to support herself in accordance with the standard of living established during the marriage through appropriate employment. 24. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Defendant and to pay her alimony in accordance with the Pennsylvania Divorce Code. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station in life to which she has become accustomed during the marriage. COUNT III CLAIM FOR EQUITABLE DISTRIBUTION 25. Plaintiff and Defendant have acquired property, both real and personal during their marriage. 26. Plaintiff and Defendant have not been able to agree to an equitable division of said property. WHEREFORE, Defendant respectfully requests this Honorable Court to enter and Order equitably distributing the parties' marital property. COUNT IV CLAIM FOR COUNSEL FEES AND EXPENSES 27. Defendant is without sufficient funds to retain counsel to represent herself in this matter. 28. Without counsel, Defendant can not adequately prosecute her claims against the Plaintiff and can not adequately litigate her rights in this matter. WHEREFORE, Defendant prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Defendant in the litigation of this action. Date: t ? b? Respectfully submitted, 7 -1 v? Valerie J. Fad Esquire I.D.# 87442 2807 Market St. Camp Hill, PA 17011 (717) 920-9460 Attorney for Defendant SEP 19 '05 15:11 FROWKIDSPEACE HOSPITAL 610-799-9901 T-400 P.01/01 F-032 VERIFICATION I, SUSAN CHASE, verify that the statements made in the foregoing Answer and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that false statements or averments therein made will subject me to the criminal Penalties f 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. 9 Rate 9 1y. SUSAN CHASE o Q ? ,,. o (V1 . Q fir, a;, ; ; s .ern _ DENNIS F. LEE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERALND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 05-3906 CIVIL TERM SUSAN CHASE, Defendant IN DIVORCE AFFIDAVIT OF SERVICE BY PERSONAL SERVICE AND NOW, this 27th day of September, 2005, I, Valerie J. Faden, Esquire, attorney for Defendant, hereby certify that I have served true and correct copies of the Notice to Defend and Claim Rights and Answer to Complaint in Divorce with Counterclaim on counsel for Plaintiff, Wayne F. Shade, Esquire, by personal service on the 20th day of September, 2005, at 9:20 AM at the following address: 53 West Pomfret Street, Carlisle, PA 17013. By: 114 66k??7 Valerie J. Fa squire I.D.#87442 2807 Market Steet Camp Hill, PA 17011 (717) 920-9460 Attorney for Defendant n ?' o ?r: n Sri-? tV ii c' r t DENNIS F. LEE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 05-3906 CIVIL TERM SUSAN CHASE, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF LEHIGH ) 1. A Complaint in Divorce under §3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on August 1, 2005, and served on August 25, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. a r 3. I consent to the entry of a Final Decree of Divorce without notice. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. -2- 9. 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: 07 Susan Chase -3- r-a ? v 1 41 , t: --- r DENNIS F. LEE, Plaintiff V. SUSAN CHASE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 05-3906 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under §3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on August 1, 2005, and served on August 25, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 days have elapsed from the date of filing and service of the Complaint. 4 . 0 3. I consent to the entry of a Final Decree of Divorce without notice. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I WAYNE F. SHADE participate in counseling prior to a Divorce Decree's being handed down by the Court. Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 I. le 9. 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: 2-60 7 ? 06" Dennis F. Lee WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ? rv 'tai Vi ...a DENNIS F. LEE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 05-3906 CIVIL TERM SUSAN CHASE, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please 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. The date and manner of service of the Complaint were September 1, 2005, to Defendant by certified United States mail, postage prepaid, return receipt requested, addressee only. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 to Request Entry of a Divorce Decree under §3301(c) of the Divorce Code by Plaintiff was June 18, 2007, and by Defendant was June 16, 2007. ..* 4. Related claims pending: None. Date: June 21, 2007 Wayne F. ade Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 C'1 C=:k Ln -rt ' ` -n t a i r ze " ' _ brn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DENNIS F. LEE,. Plaintiff VERSUS SUSAN CHASE, Defendant DIVORCE NO. 05-3906 CIVIL TERM DECREE IN AND NOW, 01-to , IT IS ORDERED AND DECREED THAT DENNIS F. LEE , PLAINTIFF, AND SUSAN CHASE ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 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; pvya- PROTHONOTARY -?,* 0 or--vig-f <V- L-f- -7 Lo-