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HomeMy WebLinkAbout07-3720DANIEL R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO.07 "3710 CIVIL TERM CHRISTINE J. RICCI-FIBER, : 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. 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 10 DANIEL R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v :NO. 0-7. 37j0 CIVIL TERM CHRISTINE J. RICCI-FIBER, : IN DIVORCE Defendant COMPLAINT UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff, Daniel R. Fiber, by his attorney, Lindsay D. Baird, Esquire, sets forth the following: 1 Plaintiff, Daniel R. Fiber, is an adult individual residing at 242 Stonehenge Lane, Mechanicsburg, PA 17055. 2 Defendant, Christine J. Ricci-Fiber, is an adult individual residing at 2936 Columbia Avenue, Camp Hill, PA 17011. 3 The parties were married on September 1, 2002, in Albany, New York. 4 Defendant has lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. • 7 In accordance with Section 3301(c ) of the Divorce Code, the marriage between the parties is irretrievably broken. 8 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. f i-iA indsay D. tir squire Attorney foPlaintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS §4904 relating to unsworn falsification to authorities. Danny R. Fiber, Plaintiff ?o T v a` . da -- C? N _ T t? U C-A DANIEL R. FIBER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINE J. RICCI-FIBER DEFENDANT 07-3720 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 26, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 10, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. l Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 4,2 LN! CC :Z W8 CZ NM L 0 0 Z Ai l i ?Jt G?; d 3H -40 3?Pa-?C?-?131L? DANIEL R. FIBER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, IN DIVORCE Defendant PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Jeffrey B. Engle, Esquire, as attorney on behalf of the Christine J. Ricci-Fiber in the above-referenced matter. DATED: 01Z i 129 Market Street Millersburg PA 17061 (717) 692-2345 ,... 1_; DANIEL R. FIBER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, IN DIVORCE Defendant CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Praecipe to Enter Appearance was sent by first class U.S. Mail to the following: Christine J. Ricci-Fiber 2936 Columbia Avenue Camp Hill, PA 17011 Lindsay Dare Baird, Esquire 37 South Hanover Street Carlisle, PA 17013-3307 Attorney for Plaintiff 14LLCt UV2?,f Melissa Wise, Paralegal for Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 (717) 692-2345 Date: D -ri t C.,, z DANIEL R. FIBER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, . IN DIVORCE Defendant NOTICE TO PLEAD TO: Lindsay Dare Baird, Esquire 37 South Hanover Street Carlisle, PA 17013-3307 Attorney for Plaintiff You are hereby notified to plead to the enclosed Counterclaim within twenty (20) days from service hereof or a default judgment may be entered against you. By: Millersburg, PA 17061 (717) 692-2345 DANIEL R. FIBER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, IN DIVORCE Defendant ANSWER TO DIVORCE COMPLAINT AND COUNTERCLAIM AND NOW, comes the Defendant, CHRISTINE J. RICCI-FIBER, by and through her counsel, Jeffrey B. Engle, Esquire, and answers the Plaintiff=s Complaint as follows: COUNTI 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. COUNTERCLAIM COUNT II EQUITABLE DISTRIBUTION 9. Paragraphs 1-8 are incorporated herein by reference. 10. Plaintiff and Defendant have acquired property during their marriage. k 11. Plaintiff and Defendant have been unable to agree on an equitable distribution of said property. WHEREFORE, Defendant requests this court to enter an order distributing the aforementioned property as the Court may deem equitable and just. COUNT III REQUEST FOR ALIMONY PENDENTE LITE, COUNSEL FEES. COSTS AND EXPENSES UNDER ' 3702 OF THE DIVORCE CODE. 12. Paragraphsl -11 are incorporated herein by reference as if set forth in full. 13. The Defendant is without sufficient assets and income to support herself, pay her attorney=s fees and the costs and expenses of this action. 14. Whereas the Plaintiff has sufficient earning capacity to support the Defendant and to pay her attorney=s fees and the costs and expenses of this action. WHEREFORE, the Defendant, Christine J. Ricci-Fiber, respectfully requests that the Court order Plaintiff to support the Defendant during the pendency of this action and to pay the Defendant=s counsel fees, expenses and costs of this action, pursuant to ' 3702 of the Divorce Code. COUNT V REQUEST FOR ALIMONY UNDER '3701 OF THE DIVORCE CODE 15. Paragraphs 1 -14 are incorporated herein by reference as if set forth in full. 16. The Defendant lacks sufficient property to provide for her reasonable needs. 17. The Defendant is unable to sufficiently support herself through appropriate employment. 4b 18. The Plaintiff has sufficient property, assets, and income to provide continuing support for the Defendant. 19. The Defendant requests that the Court order the Plaintiff to pay alimony to Defendant pursuant to ' 3701 of the Divorce Code. WHEREFORE, the Defendant requests this Honorable Court to enter an Order as follows: A. Directing the Plaintiff to pay to Defendant Alimony Pendente Lite, counsel fees, costs and expenses arising out of this action. B. Directing the Plaintiff to pay Defendant support and alimony; and C. Granting such further relief as the Court may deem appropriate and just. Respectfully submitted, SHAFFER & ENGLE LAW OFFICES DATED:- 4? eo 1/07- Attorney for Defendant JUN-29-2?007 06:27P FROM:WHP 580 NEWS TO:6923554 P.11 v uu.t7. /VV! J.VLIITI U1141 ICI % L1191C LOW 1 11111 Inv, vv 1J ? 11 Y verity that the averments in dais ,Anpftr & Counterclaim are taste and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. CS. 4904, relating to unsworn falsification to authorities. 10-7tl? Dated: C.? ?=64, /C -VZ7?_ lQdfitim J. Ricci-Fiber, Petitioner/Defendant I i -a 90 (31 ?» Sv ?n n 0 G DANIEL R. FIBER vs. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE J. RICCI-FIBER, Defendant : NO. 07-3720 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Answer and Counterclaim was sent First Class U.S. Mail to the following: Christine J. Ricci-Fiber 2936 Columbia Avenue Camp Hill, PA 17011 Lindsay Dare Baird, Esquire 37 South Hanover Street Carlisle, PA 17013-3307 Attorney for Plaintiff Date: 1c) Melissa Wise, Paralegal for Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 (717) 692-2345 ? J - ? r? ? _: T+ S ..- r ?-y ,?J? r : i ?l ; . ? ? : ..?., ?+ . Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 717-692-2345 *phone 717-692-3554 *fax jeff@shafferengle. com DANIEL R. FIBER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, IN DIVORCE Defendant PETITION FOR RELOCATION The Defendant, Christine J. Ricci-Fiber (hereinafter "Mother") is the natural mother of Royce Patrick Fiber (DOB 7/25/06; 11 months old). 2. The subject minor child currently resides with Mother at 2936 Columbia Avenue, Camp Hill, PA 17011. 3. The Mother intends on relocating with the child to Schenectady, New York. 4. The Mother was born and raised in Schenectady, New York, and has lived in Pennsylvania for the last six (6) years. 5. The parties moved to Harrisburg in 2000 when the Defendant began employment as a police officer and were married in New York in September of 2002. 6. Mother intends on moving back to Schenectady, New York, in order to reside with her father, John Ricci, and his wife, Linda Ricci. 7. The Defendant has other family members in the area, as well as members of the Plaintiff's family. a. Defendant's sister, Marisa Quinn, and her husband, Jonathan Quinn, live within one-half hour of Schenectady, New York. b. Defendant's other sister, Pam DiMezza, and her husband, Frank DiMezza, live within one-half hour of Schenectady area as well. They have two (2) children, Francesca, age 2, and Dominic, age 1. Additionally, the Defendant's mother, Margaret LaVelle, lives in Albany, which is approximately 10 minutes from her location with her Mother's father in Schenectady. d. Further, the family of the Plaintiff resides in the Schenectady area as well. Plaintiff's brother, Lonny and his wife, Kristin Fiber, and their four (4) children live in this area. e. Plaintiff's brother, Larry Lee Fiber and his wife, Jill Benner, live in this area with their two (2) children as well. f. Plaintiff's parents, Helen and Larry Ricci, live in Clifton Park, approximately 20 minutes away. 8. It is believed and therefore averred, that upon leaving the Harrisburg area, Ms. Ricci-Fiber would be able to obtain a job for the American Lung Association as Director of Communications making an additional $10,000 more per year with no daycare costs (a savings of over $7,000). 9. It is believed and further averred, that over the course of the last four (4) months, the Father has had little contact with the subject minor child. In fact, he has only seen the child four (4) times since February 2007. 10. It is believed and therefore averred, that it would be in the best interest of the subject minor child to allow the Mother to relocate to Schenectady, New York, where she is originally from, in order to obtain new employment at a higher pay rate, as well as to be close to additional family members. 11. It is believed and therefore averred, that the Plaintiff could receive such substantial periods of partial physical custody as it would be appropriate for two parents living approximately 300 miles apart. a. The Defendant would be willing to supply the Plaintiff with extended holiday periods, as well as a vacation period over the summer. WHEREFORE, it is respectfully requested that the Defendant, Christine Ricci-Fiber, be permitted to relocate with her subject minor child to Schenectady, New York, and the Plaintiff be granted such periods of partial physical custody as it deems appropriate. Respectfully submitted, SHAFFER & ENGLE LAW OFFICES DATED: Attorney for Defendant JUN-29-2007 06:25P FROM:WHP 580 NEWS aun,LV. LVVI 9:Vlrrei anaiier & tnglt Law rirm TO:6923554 P.5 IVO- ODIJ r. 7 VERIFICATION I verify that the averments in this Petition for Relocation are true and correct. T understand that false statements bexein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities- ?/?- Dated. 2-A I bI 12 dj'? e J. Ricci-Fiber, Petitioner/Defendant DANIEL R. FIBER vs. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE J. RICCI-FIBER, Defendant NO. 07-3720 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Petition for Relocation was sent First Class U.S. Mail to the following: Christine J. Ricci-Fiber 2936 Columbia Avenue Camp Hill, PA 17011 Lindsay Dare Baird, Esquire 37 South Hanover Street Carlisle, PA 17013-3307 Attorney for Plaintiff Date: Inq I VA AA 4- Melissa Wise, Paralegal for Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 (717) 692-2345 ' ? O ry ? -rt # * cw ?? y ? ? ? ..._ ? u OID ? ?--? "Y ? `1 Y ? } _ ~ ^? "! j .? N ..,.y 4.. `X7 :4 ?-C Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 717-692-2345 *phone 717-692-3554 *fax jeff@shafferengle. com DANIEL R. FIBER : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, : IN DIVORCE Defendant/Petitioner : AMENDED PETITION FOR RELOCATION 1. The Defendant, Christine J. Ricci-Fiber (hereinafter "Mother") is the natural mother of Royce Patrick Fiber (DOB 7/25/06; 11 months old). 2. The subject minor child currently resides with Mother at 2936 Columbia Avenue, Camp Hill, PA 17011. 3. The Mother intends on relocating with the child to Schenectady, New York. 4. The Mother was born and raised in Schenectady, New York, and has lived in Pennsylvania for the last six (6) years. 5. The parties moved to Harrisburg in 2000 when the Defendant began employment as a police officer and were married in New York in September of 2002. 6. Mother intends on moving back to Schenectady, New York, in order to reside with her father, John Ricci, and his wife, Linda Ricci. 7. The Defendant has other family members in the area, as well as members of the Plaintiff's family. a. Defendant's sister, Marisa Quinn, and her husband, Jonathan Quinn, live within one-half hour of Schenectady, New York. b. Defendant's other sister, Pam DiMezza, and her husband, Frank DiMezza, live within one-half hour of Schenectady area as well. They have two (2) children, Francesca, age 2, and Dominic, age 1. c. Additionally, the Defendant's mother, Margaret LaVelle, lives in Albany, which is approximately 10 minutes from her location with her Mother's father in Schenectady. d. Further, the family of the Plaintiff resides in the Schenectady area as well. Plaintiff's brother, Lonny and his wife, Kristin Benner, and their four (4) children live in this area. e. Plaintiff's brother, Larry Lee Fiber and his wife, Jill Fiber, live in this area with their two (2) children as well. f. Plaintiff's parents, Helen and Larry Fiber, live in Clifton Park, approximately 20 minutes away. It is believed and therefore averred, that upon leaving the Harrisburg area, Ms. Ricci-Fiber would be able to obtain a job for the American Lung Association as Director of Communications making an additional $10,000 more per year with no daycare costs (a savings of over $7,000). 9. It is believed and further averred, that over the course of the last four (4) months, the Father has had little contact with the subject minor child. In fact, he has only seen the child four (4) times since February 2007. 10. It is believed and therefore averred, that it would be in the best interest of the subject minor child to allow the Mother to relocate to Schenectady, New York, where she is originally from, in order to obtain new employment at a higher pay rate, as well as to be close to additional family members. 11. It is believed and therefore averred, that the Plaintiff could receive such substantial periods of partial physical custody as it would be appropriate for two parents living approximately 300 miles apart. a. The Defendant would be willing to supply the Plaintiff with extended holiday periods, as well as a vacation period over the summer. 12. A Relocation Petition was filed on July 10, 2007. However, no prior Order of Court has been filed in this matter and a hearing for custody has been set for August 2, 2007, at 9:30 AM. 13. Opposing counsel, Lindsay Dare Baird, Esquire, has been consulted and has some concerns regarding Petitioner's relocation, however, believe it can be worked out at the custody hearing. WHEREFORE, it is respectfully requested that the Defendant, Christine Ricci-Fiber, be permitted to relocate with her subject minor child to Schenectady, New York, and the Plaintiff be granted such periods of partial physical custody as it deems appropriate. Respectfully submitted, SHAFFER & ENGLE LAW OFFICES DATED: (717) 692-2345 Attorney for Defendant DANIEL R. FIBER vs. Plaintiff CHRISTINE J. RICCI-FIBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3720 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Petition for Relocation was sent First Class U.S. Mail to the following: Christine J. Ricci-Fiber 2936 Columbia Avenue Camp Hill, PA 17011 Lindsay Dare Baird, Esquire 37 South Hanover Street Carlisle, PA 17013-3307 Attorney for Plaintiff Date: I Meliss ' eg,, Jeff , Esqu: S ENG 129 arket Stree Millersburg, 17061 (717) 692-2345 for LAW OFFICES -? 17 c?a f .J CZ. DANIEL R. FIBER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHRISTINE J. RICCI- FIBER, Defendant NO. 07-3720 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of July, 2007, upon consideration of Defendant's Petition for Relocation and Amended Petition for Relocation, these matters are referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral. It is noted that this case is presently scheduled for a conciliation conference before Jacqueline Verney, Esq., on August 2, 2007, at 9:30 a.m. BY THE COURT, Jacqueline V. Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 hdrddt? Custody Conciliator -//d 9/a I ,/indsay Dare Baird, Esq. S 37 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff VINV WSWOd AiNnon. f £ :I Wd LZ Inn LOOZ +IOWOW do 3W-41J Jeffrey B. Engle, Esq. ,,1-'19 Market Street Millersburg, PA 17061 Attorney for Defendant Court Administrator :rc AUG 0 320 # 1 DANIEL R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3720 CIVIL ACTION - LAW CHRISTINE J. RICCI-FIBER, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ?C 4 day of 9 , 2007, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 27. 2007 is hereby vacated. 2. The Father, Daniel R. Fiber and the Mother, Christine J. Ricci-Fiber, shall have shared legal custody of Royce Patrick Fiber, born July 25, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody: A. August 6-9, 2007, August 13-17, 2007, August 20-21, 2007, August 24, 2007, August 27-30, 2007, 2007 from 11:00 a.m. to 3:00 p.m. B. August 22 at 11:00 a.m. overnight to 6:00 p.m. on August 23, 2007. t? DLU .rrt -fl CL 5 p C= 8 N C. September 4 at a time agreed by the parties overnight to September 5, 2007 at 3:00 p.m. D. September 6, 7, 10, 14, 17, 21, 2007 from 11:00 a.m. to 3:00 p.m. E. September 11, 2007 from 11:00 a.m. overnight to September 13, 2007 at 3:00 p.m. F. September 18, 2007 at 11:00 a.m. to September 20, 2007 at 3:00 p.m. 5. Father shall be responsible for all transportation and shall pick up the child at Mother's residence and return the child to the babysitter's house. 6. Neither party shall consume alcohol immediately before or during their period of physical custody. 7. Neither party shall smoke in the child's presence. 8. Neither party shall do or say anything, nor permit a third party from doing or saying anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 9. During Father's periods of physical custody he shall not have any non- relative female visiting his home. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for September 18, 2007 at 9:30 a.m. BY THE COURT, v J. esley Oler, Jr., J. cc: dsay D. Baird, Esquire, Counsel Vor Father effrey B. Engle, Esquire, Counsel for Mother 4 DANIEL R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3720 CIVIL ACTION - LAW CHRISTINE J. RICCI-FIBER, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Royce Patrick Fiber July 25, 2006 Mother 2. A Conciliation Conference was held in this matter on August 2, 2007, with the following in attendance: The Father, Daniel R. Fiber, with his counsel, Lindsay D. Baird, Esquire, and the Mother, Christine J. Ricci-Fiber, with her counsel, Jeffrey B. Engle, Esquire. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr., dated July 27, 2007 referring the Petition and Amended Petition for Relocation to the Conciliator. 4. The parties agreed to an Order in the form as attached. 'Z-67 Date ac line M. Verney, Esquire Custody Conciliator V NOV 1 9 200I DANIEL R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3720 CIVIL ACTION - LAW CHRISTINE J. RICCI-FIBER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this a day of (\?,. 1,4 , , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. r , of the Cumberland County Court House, on the 1,qZ& day of 200 at = d o'clock, _A. M., at which time testimony will be taken. or purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated August 3, 2007 shall remain in full force and effect with the following additions and modifications. 3. Father shall have the following periods of partial physical custody: A. November 19, 2007 from 11:00 a.m. overnight to November 20, 2007 at 11:00 a.m. B. For Thanksgiving from Friday November 23, 2007 at 11:00 a.m. overnight to 11:00 a.m. on November 24, 2007. C. December 7, 2007 at 11:00 a.m. to December 9, 2007 at 11:00 a.m. overnight. D. December 28, 2007 from 11:00 a.m. to 3:00 p.m. E. January 1, 2008 at 11:00 a.m. to January 4, 2008 at 11:00 a.m. F. Thereafter, Father shall be entitled to two overnights per week to coincide with his work schedule, said periods may be consecutive at Father's discretion. Pick up and return time shall be 11:00 a.m. 4. Transportation shall be shared such that the parties shall exchange custody at Panera Bread in Camp Hill, Pennsylvania. >- ?n _ i CC) . r I .; Vii,.. i c" 5. Paragraph 8 of the Order of Court dated August 3, 2007 is hereby vacated. 6. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Lin say D. Baird, Esquire, Counsel for Father J frey B. Engle, Esquire, Counsel for Mother DANIEL R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3720 CIVIL ACTION - LAW CHRISTINE J. RICCI-FIBER, : Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Royce Patrick Fiber July 25, 2006 Mother 2. A Conciliation Conference was held in this matter on November 15, 2007, with the following in attendance: The Father, Daniel R. Fiber, with his counsel, Lindsay D. Baird, Esquire, and the Mother, Christine J. Ricci-Fiber, with her counsel, Jeffrey B. Engle, Esquire. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr., dated August 3, 2007 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody. Mother wishes to relocate to New York where her family resides. Mother was recently laid off from her job and she is seeking employment in New York as well. She objects to Father having the child overnight and maintains that he has not exercised the time he was afforded in the prior Order. 5. Father's position on custody is as follows: Father seeks shared legal and partial physical custody to coincide with his work schedule. He asserts that Mother has unjustifiably denied him partial physical custody of the child. Father is not opposed to Mother and child relocating, provided a summer and holiday schedule can be arranged. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and providing for custody pending the hearing. It is expected that the Hearing will require one-half day. l /f' f -19 -0 Date 6acqinee M. Verney, Esquire Custody Conciliator DANNY R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v :NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, : IN CUSTODY Defendant MOTION TO CONTINUE GENERALLY The Plaintiff, Danny R. Fiber, by and through his attorney, Lindsay D. Baird, Esquire, avers as follows: A hearing is scheduled for Thursday, February 14, 2008, at 9:30 A.M. 2. The parties are very close to having an agreement ready for filing and wish to have the hearing continued generally. 3. Jeffrey B. Engle, Esquire, on behalf of the defendant, concurs with this request. Wherefore, the plaintiff requests that this Honorable Court continue this matter generally such that the hearing February 14, 2008 need not take place. L/indsay D. 1364, Eslquire 37 South Hanover Carlisle, PA 17013 717.243.5732 Attorney for Plaintiff I verify that to best of my knowledge and belief, the statements made in this 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. ndsay D. B rd Es ire Attorney for Plaintiff a t.1 un r - 0 c cry ,? DANIEL R. FIBER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CHRISTINE J. RICCI-FIBER, Defendant :NO. 07-3720 CIVIL TERM IN CUSTODY MOTION TO AMEND CAPTION OF COMPLAINT FOR CUSTODY The Plaintiff, Danny R. Fiber, by and through his attorney, Lindsay D. Baird,. Esquire, avers as follows: A Complaint For Custody was filed on June 21, 2007. 2. The Plaintiffs name was spelled incorrectly in the caption and should appear as Danny R. Fiber. Wherefore, plaintiff requests the court grant his amendment to the caption of the Custody Complaint. Lindsay D. B it , Eouire 37 South Hanover Carlisle, PA 17013 717.243.5732 Attorney for Plaintiff I verify that to best of my knowledge and belief, the statements made in this 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. mdsay D. B Esquire Attorney for P tiff Q C- b -n i? g M m ( i ? ? -PWA DANIEL R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v :NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, : IN DIVORCE Defendant MOTION TO AMEND CAPTION OF COMPLAINT FOR DIVORCE The Plaintiff, Danny R. Fiber, by and through his attorney, Lindsay D. Baird,. Esquire, avers as follows: 1. A Divorce Complaint was filed on June 21, 2007. 2. The Plaintiffs name was spelled incorrectly in the caption and should appear as Danny R. Fiber. Wherefore, plaintiff requests the court grant his amendment to the caption of the Divorce Complaint. indsay D. Baird Esq ire 37 South Hanover Carlisle, PA 17013 717.243.5732 Attorney for Plaintiff I verify that to best of my knowledge and belief, the statements made in this 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. dsay D. Baird, squ' e ? Attorney for PI tiff na t r; t'*'t c n . ; `-`. Y W FEB 0 6 2008 DANNY R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v :NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this l b (t day of February, 2008, upon consideration of the attached motion and with the concurrence of the defendant, the hearing scheduled for Thursday, February 14, 2008, at 9:30 A.M. is hereby continued generally. Either party can petition to have this matter heard before the conciliator at any time. BY THE COURT, ? /':t/ J. esley Oier, Jr. J. , /Lindsay D. Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 Attorney for Father ? Jeffrey B. Engle, Esquire 129 Market Street Millersburg, PA 17061 Attorney for Mother 'lop leg fT1-'2AfXL a/.,/oa ts_t ? N CD - : 65 1 V FEB 0 6 2008 DANNY R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v :NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of February, 2008, upon consideration of the attached motion, the caption is hereby amended to appear as above written. ? Lindsay D. Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 Attorney for Father •,,*'?Jeffrey B. Engle, Esquire 129 Market Street Millersburg, PA 17061 Attorney for Mother C400eg rrk*g(LL d'1l t`OS ?:?l BY THE COURT, a' a cwt _ s . LLJ . i .- t.t.s LA- Cam? c7 } -10 ?& DANNY R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v :NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, : IN DIVORCE Defendant ORDER OF COURT AND NOW, this Ib day of February, 2008, upon consideration of the attached motion, the caption is hereby amended to appear as above written. BY THE COURT, J /Lindsay D. Baird Esquire 37 South Hanover Street Carlisle, PA 17013 Attorney for Father V"Jeffrey B. Engle, Esquire 129 Market Street Millersburg, PA 17061 Attorney for Mother Oler, Jr., J. U _ ~ t,t.A G DANNY R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CHRISTINE J. RICCI-FIBER, Defendant :NO. 07-3720 CIVIL TERM IN CUSTODY CUSTODY STIPULATION STIPULATION made this ? day of April, 2008, between Christine J. Ricci-Fiber, hereinafter referred to as Mother, and Danny R. Fiber, hereinafter referred to as Father. WHEREAS, the above-named Mother and Father had born to them the following child on the following date: NAME BIRTH DATE Royce Patrick Fiber July 25, 2006 AND WHEREAS, the above-named Mother and Father desire to enter into a Stipulation as to the custody of the above-said child. NOW, THEREFORE, in order to effectuate the above purpose, the above-named Mother and Father hereby stipulate that: 1. Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial custody as follows: A. While Mother resides in Pennsylvania, two days and overnights each week minimum as Father's schedule dictates. B. Once Mother relocates to New York, one long weekend each month minimum as the parties agree. 4. The parties shall agree on transportation and if they cannot, the transportation shall be shared equally. TO THIS PURPOSE, The parties hereto intend to be legally bound by the terms of this Stipulation and desire to have the Stipulation entered as an Order of Court. Witness: 2 1 C Ricci-Fiber, Mother Danny R. fiber, Father ` t rte ` co ?. `APR S 1 2000 I DANNY R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v :NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of April, 2008, upon consideration of the attached custody stipulation with respect to the parties' child, Royce Patrick Fiber, born July 25, 2006, the terms of the stipulation are entered as an order of court. Lindsay D. Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 e rey ??? e- BY THE COURT, DANNY R. FIBER V S. CHRISTINE ]. RICCI-FIBER Plaintiff the following claims: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-03720 20 Defendant MOTION FOR APPOINTMENT OF MASTER Plaintiff ,moves the court to appoint a master with respect to ^X Divorce ^X Distribution of Property ^ Annulment ^ Support ^ Alimony ^X Counsel Fees ^ Alimony Pendente Lite ^X Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Robert B. Lieberman, Esquire). 3. The staturory ground (s) for divorce 's The marriage is irretrievablybroken. 4. Delete the inapplicable paragraph (s): A ^ B ^ C ^X ~-..~ N ~ a. The action is not contested. ~ ~ ~ b. An aereement has been reached with resnect to the followine claims: ~~ .°~ .-~~-s1 r'' c. The action is contested with respect to the following claims: ~ ~ tn~-~ p Equitable Distribution/counsel fees/costs and expenses ~ ~ ~ °~ ~_=o _. on 5. The action does not involve complex issues of law or fact. D ~ •~ ~ rn 6. The hearing is expected to take 6 hours ~ o~ ~ 7. Additional information, if anv, relevant to the motion: None Date; November 5, 2010 ~,~ V tto y for Plaintiff J?f t - Jacqueline M. Verney, Esquire Print Name ORDER APPOINTING MASTER AND NOW , 20 Esquire, is appointed master with respect to the following claims: By the Court, J. DANNY R. FIBER, Plaintiff V. CHRISTINE J. RICCI-FIBER, Defendant : IN THE COURT OF COMP : CUMBERLAND COUNTY, NO. 2007-03720 CIVIL AC' IN DIVORCE RA To the Prothonotary: Please withdraw my appearance in the above captioned Plaintiff, Danny R. Fiber. Lindsay D. Baird, E 37 South Hanover S Carlisle, P.A 17013 (717) 243-5732 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance in the above captioned matter Plaintiff, Danny R. Fiber. Jac(teline M. Verney, 44 South Hanover Stre Carlisle, PA 17013 (717) 243-9190 N PLEAS OF 1,NNSYLVANIA on behalf of; the m,R #?, "?e & behalf of the squire #23167 ZD 3 :. ,..4 cc: Robert Lieberman, Esquire ¦ y DANNY R. FIBER IN THE COURT OF CUMBERLAND CC Plaintiff vs. CHRIS ME J. RICCI-FIBER NO. 2007-03720 [MON PLEAS OF Y, PENNSYLVANIA 20 Defendant C:) :7-' kL C:) Plaintiff moves the court to appoint a master with respect to the following claims: QX Divorce Q Distribution of Property ? Annulment ? Support ? Alimorty XX Counsel Fees 0 Alimony Pendente Lite XX Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Robert B. Lieberman, , Esquire). 3. The staturory ground (s) for divorce is The marriage is irretrievablybroken. 4. Delete the inapplicable paragraph (s): A ? B ? C nX a. The action is not contested. b. An agreement has been reached with xesnect to the following cl c. The action is contested with respect to the following claims: Equitable Distribution/counsel fees/costs and expen 5. The action does not involve complex issues of law or fact. 6: The hearing is expected to take 6 hours 7. Additional information, if any, relevant to the motion: None Date: November 5, 2010 ttor y for Plaintiff Jacqueline M. Verney, Esqui Print Name ORDER APPOINTING MASTER t-;AND NOW , 2016 11,D 1.? its aptd master with respect to the following claims: Qom)`iJd By the Court, tzJ? 10, . ? ? J caa r t p -4 w ;r,,. Esquire, J. FILED OFFICE OF THE PROTHONOTARY Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 512 Market Street Millersburg, PA 17061 717-692-2345 *phone 717-692-3554 *fax jef?a shafferengle.com 2010 DEC - I AM 9: 15 CUMBERLAND COUNTY PENNSYLVANIA DANIEL R. FIBER VS. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE J. RICCI-FIBER, Defendant NO. 07-3720 CIVIL TERM : IN DIVORCE PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW, this 2? day of V , comes SHAFFER & ENGLE LAW OFFICES and files this following Motion for Leave to Withdraw as Counsel and in support thereof, avers as follows: 1. Movant, Shaffer & Engle Law Offices, by and through Jeffrey B. Engle, Esquire, is presently counsel of record for the Defendant, Christine J. Ricci-Fiber, in the above-captioned action. 2. Movant, Shaffer & Engle Law Offices, has represented the Defendant, Christine J. Ricci-Fiber, at the above-docketed action since approximately July 6, 2007, when Shaffer & Engle Law Offices filed an Entry of Appearance at the above-captioned docket. 3. Movant is petitioning the Court requesting to withdraw as Respondent's counsel at the above-captioned docket as the Movant has not had contact with Respondent for approximately two (2) years and is unaware of Respondent's current whereabouts. 4. Movant avers that Respondent will not be prejudiced by Movant's withdraw, as there has been no contact between the parties for approximately two (2) years. 5. Movant will attempt to advised Respondent of his intent to withdraw and will provide Respondent with copies of all relevant portions of her file and all original documents upon her request. 6. Movant's withdrawal as counsel for Respondent will have no material adverse affect on Respondent's interest pursuant to Pennsylvania Rule of Professional Conduct 1.16. 7. Movant, SHAFFER & ENGLE LAW OFFICES, by and through Jeffrey B. Engle, Esquire, respectfully request that he be allowed to withdraw as counsel for Respondent due to all the above. WHEREFORE, Movant respectfully requests that This Honorable Court permit SHAFFER & ENGLE LAW OFFICES, by and through Jeffrey B. Engle, Esquire, to withdraw as counsel for Respondent, Christine J. Ricci-Fiber. Respectfully submitted, SHAFFER & ENGLE LAW OFFICES Jeffrey 1?-.q ID #76644 512 Market Street---' Millersburg, PA 17061 717-692-2345 DANIEL R. FIBER VS. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE J. RICCI-FIBER, Defendant NO. 07-3720 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Petition for Leave to Withdraw as Counsel was sent by U.S. Mail first class to the following: Ms. Christine J. Ricci-Fiber 2936 Columbia Avenue Camp Hill, PA 17011 Jacqueline M Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Robert B. Lieberman, Esquire 500 N. Third St, 12`x' Floor PO Box 1004 Harrisburg, PA 17108-1004 Jeffree,;Es SHAFF R & EN E AW OFFICES 512 Market Stree Millersburg, PA 17061 (717) 692-2345 Date: DEC022010 DANIEL R. FIBER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ; NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, IN DIVORCE Defendant RULE TO SHOW CAUSE Z- 140 AND NOW, this day of 2W7, a rule is hereby issued upon both parties to show cause why the attached Petition for Leave to Withdraw as Counsel should not be granted. a -n r rm l rn 0-, 6 RULE RETURNABLE DAYS FROM SERVICE ' . . < cr, --I:, J. Distribution: /1V1 . Christine J. Ricci-Fiber acqueline M Verney, Esq. /Robert B. Lieberman, Esq. effrey B. Engle, Esq. 02 ?i es rn5c? Al[e/ID 2936 Columbia Avenue, Camp Hill, PA 17011 44 S. Hanover Street, Carlisle, PA 17013 PO Box 1004, Harrisburg, PA 17108-1004 512 Market Street, Millersburg, PA 17061 DANIEL R. FIBER, Plaintiff VS. CHRISTINE J. RICCI-FIBER,: Defendant TO: Jacqueline M. Verney Jeffrey B. Engle THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3720 CIVIL C) r +a ca ? rn Ca IN DIVORCE Z? C-,) Cn te q r - © n z b Zk C-3 -H C Attorney for Plai1n?if ? ph m Attorney for Defendant DATE: Tuesday, November 16, 2010 CERTIFICATION [ ] I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whetter there are any outstanding interrogatories or discovery motions. bol- ?? ? ?7 lo4v (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 1 ? c3 D E COUNSE I FF ( ) COUN L F E N NT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. cc: Robert B. Lieberman, Attorney at Law t.. 7 Hnxt ti' Ere eq' Jeffrey B. Engle, Esquire SIMFFER & ENGLE LAW OFFICES 512 Market Street Millersburg, PA 17061 717-692-2345 *phone 717-692-3554 *fax jefj shafferengle.com DANIEL R. FIBER vs. Plaintiff "'IIEC 28 UM3ERLANE0 Cpi ? .,.. P ?'NNS Y! VA rtSlt, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, Defendant IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, this 22°d day of December, 2010, comes the SHAFFER & ENGLE LAW OFFICES and respectfully requests the Petition to Make Rule Absolute be granted and in support thereof, avers as follows: 1. Petitioner filed a Motion for Leave to Withdraw as Counsel on December 1, 2010. 2. A Rule to Show Cause was issued by This Honorable Court on December 3, 2010, granting Respondent fourteen (14) days from the date of service to show why the Petition for Relief should not be granted. 3. Petitioner served the Respondent the with Petition to Withdraw as Counsel on December 8, 2010, as indicated in the Affidavit of Service filed in this matter. 4. The Rule to Show Cause was distributed by the Court to Respondent on or about December 6, 2010. 5. As of above-captioned date, no response has been filed by any party to this action. WHEREFORE, the undersigned counsel respectfully requests This Honorable Court enter an Order granting leave to withdraw from the Respondent's case. Respectfully submitted, SHAFFER & ENGLE LAW OFFICES ID # 76644 ?" 512 Market Stre Millersburg, PA 17061 717-692-2345 DANIEL R. FIBER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-3720 CIVIL TERM CHRISTINE J. RICCI-FIBER, : IN DIVORCE Defendant ; CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the :foregoing Motion for Leave to Withdraw as Counsel was sent by U.S. Mail first class to the following: Ms. Christine J. Ricci-Fiber 2936 Columbia Avenue Camp Hill, PA 17011 Date: I (2_? - 3a" IU Jacqueline M Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Robert B. Lieberman, Esquire 500 N. Third St, 12th Floor PO Box 1004 Harrisburg, PA 17108-1004 G? Melissa Wise., Paralegal to Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 512 Market Street Millersburg, PA 17061 (717) 692-2345 DANIEL R. FIBER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CHRISTINE J. RICCI-FIBER, Defendant : NO. 07-3720 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: m? Z? N co Q. Jeffrey B. Engle, Esquire, being duly sworn, according to law, deposes and says that he served a copy of the Motion for Leave to Withdraw as Counsel in said action on Christine J. Ricci-Fiber on December 8, 2010, in the U.S. Mail, Certified, Return Receipt Requested. See Return Receipt Card attached hereto, marked Exhibit "A", and made a part hereof. SWORN TO AND SUBSCRIBED BEFORE ME THIS 20t' DAY OF DECEMBER, 2010. I&Lt4e Notary Public NOTARIAL SEAL MELISSA E WISE Notary Public MILLERSBURG BORO., DAUPHIN COUNTY My Commission Expires Jul 23, 2012 t SCHEDULE "A" CERTIFIED MAIL N O SHAFFE & ENGUM AW OFFICES 512 MARKETST e MILLERSBURQ FA 17o6i LL a A. Sf"atJMf: (? Addrossee ? pent) -CV 74 8. ved By: (Please Print Clearly) C. Date of Delivery ro 0. Addressee's Addre p Ine al From od,.,s used by sender.) Secondary F uite / Apt. I Floor (Please Print Clearly) Delivery Address City State ZIP + 4 Code 7155 5474 4100 q730 1326 RETURN RECEIPT REQUESTED Artids Addressed To: W "M! Cmb=Wa Ave Camp EW PA 17011--S2M 170113521S 1„e111„ellle. FILED-Or HCc 0 s,? 1, 0 1? T ,??• ?' 1 es. it. ti ,, t y DEC ? 0 ?t?ju DANIEL R. FIBER CUMBERLAND , KNIT i' IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CHRISTINE J. RICCI-FIBER, Defendant NO. 07-3720 CIVIL TERM IN DIVORCE ORDER AND NOW, this_ day of 201 t , it is hereby based upon the Motion for Leave to Withdraw as Counsel; IT IS HEREBY ORDERED AND DECREED that leave to withdraw from representation of the Defendant, Christine J. Ricci-Fiber, is hereby granted. By the Court, Judge Distribution: ?Ms. Christine J. Ricci-Fiber 2936 Columbia Avenue, Camp Hill, PA 17011 e? Jacqueline M. Verney, Esq. 44 S. Hanover Street, Carlisle, PA 17013 n,M Robert B. Lieberman, Esq. PO Box 1004, Harrisburg, PA 17108-1004 U'P III _„a ? Jeffrey B. Engle, Esq. 512 Market Street, Millersburg, PA 17061 O?' DANIEL R. FIBER, Plaintiff V. CHRISTINE J. RICCI-FIBER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-3720 : IN DIVORCE ACTION - -- -+ CIVIL zrn rn- r rn ? Z -4 r - o a° '° = 5 n Zp _ 2n ar --f A ;:0 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 21, 2007. Defendant was served with the complaint on June 22, 2007. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unworn falsification to authorities. Date: stine J. Ricci-Fiber, Defendant DANIEL R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ' NO. 2007-3720 CIVIL ACTION - LAW CHRISTINE J. RICCI-FIBER, c ° : IN DIVORCE ' t -i = Defendan m T r:C Q TION TO REQUEST ENTRY OF A b114W =0 Q."*3n WAIVER OF NOTICE OF INTEN DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CO1Z2 = c3n .,c Cn 1. 1 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. 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. section 4904 relating to unsworn falsification to authorities. Date: Chri e J. Ricci-Fiber, Defendant DANIEL R. FIBER, Plaintiff V. CHRISTINE J. RICCI-FIBER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3720 CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 21, 2007. Defendant was served with the complaint on June 22, 2007. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unswom falsification to authorities. Date: Daniel R. Fiber, Plaintiff r ? o ca _ car- ? m C:) i Z Z -0 -4O O'n -! w 2> . C q7 r DANIEL R. FIBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3720 CIVIL ACTION - LAW CHRISTINE J. RICCI-FIBER, . Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 3h tw Zm prothonotary. C_ Fe C ° - m v vz N W I verify that the statements made in this affidavit are true and correct. I und-estaiT that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Date: G+ 'Z ? - 1 /?.? l/ ?• Daniel R. Fiber, Plaintiff z m? -m o° a° CD-n pc? rn DANIEL R. FIBER, a/k/a DANNY R. FIBER, Plaintiff VS. CHRISTINE J. RICCI-FIBER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3720 CIVIL IN DIVORCE ORDER OF COURT Q ? AND NOW, this ` day of ?iLl?)ty , 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital property and settlement agreement dated June 27, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kevin Hess, P.J. cc: k/Jacqueline M. Verney Attorney for Plaintiff Robert B. Lieberman C C= ?n Attorney for Defendant MW = --I z 2em r C= -- -UM M ?/. Ix c? * _ F C'7 Z C:)-n =_ y-,z N C?'M ro 73 DANIEL R. FIBER A/K/A DANNY R. FIBER vs. CHRISTINE J. RICCI-FIBER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C o CIVIL DIVISION 3 NO. 2007-3720 CtV 3> th PRAECIPE TO TRANSMIT RECORD za 3 pc w To the Prothonotary: ,Gds ...? N Transmit the record, together with the following information, to the court for entry of a divorce decree: 1 2. 3. Ground for divorce: Irretrievable breakdown under § (3301(c)) and of the Divorce Code. (Strike out inapplicable section.) Date and manner of service of the complaint: Certified Mail, return receipt requested, restricted delivery dated June 22, 2007. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff June 27, 2011 ; by defendant May 18, 2011 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: June 28, 2011 Date defendant's Waiver of Notice was filed with the Prothonotary: May 20, 2011 n rn- =d c?-n zF cam v A • l?x Attorney for PlaintiffA4e€-ndwT : IN THE COURT OF COMMON PLEAS OF DANIEL R. FIBER A/K/A DANNY R. FIBER : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINE J. RICCI-FIBER NO. 2007-3720 DIVORCE DECREE AND NOW, it is ordered and decreed that DANIEL R. FIBER A/K/A DANNY R. FIBER plaintiff, and CHRISTINE J. RICCI-FIBER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The parties' Marital Settlement Agreement dated June 27, 2011 is incorporated herein and the Court has jurisdiction over no other claims By the Court, A t: Pr thonotary rna?Y?d Ueo? ?el Ile ?a?/P "?