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Home My WebLink About03-5623 HEATHER M. HINSON, Plaintiff : IN THE COURT OF COMMON PLEAS I : CUMBERLAND COUNTY, PENNSYLVANIA. : CIVIL ACTION - LAW NO. 03 - S'G..~ C;u~l ~€fl-",\ v. STEVEN A. HINSON, Defendant IN DIVORCE 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 thaI if you fail 10 do so, the case may proceed without you and a decree of divorce or annulment may be entered againsl you by the Court. A judgment may also be entered against you for any other claim or relief requested in lhese papers by the Plainliff. You may lose money or property or other righls important to you, including custody or visitation of your children. When the ground for the divorce is indignilies or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office ofthe Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTlCIA Le han demandado a usted en la corte. Si usted qui ere defenderse de eslas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrila sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usled no se defiende, la corte lomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO lNMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DlNERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OFIClNA CUY A DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 HEATHER M. HINSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. DJ - S',,-.u O'o'll/~ STEVEN A. HINSON, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Heather M. Hinson, by her attorney, Cara A. Boyanowski, Attorney at Law, and seeks 10 obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: I. The Plaintiff, Heather M. Hinson, is an adult individual with a mailing address of 1716 Creek Visla Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant, Steven A. Hinson, is an adult individual who resides at 103 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiffhas been a bona fide resident ofthe Commonwealth of Pennsylvania for at least six (6) months immedialely prior 10 the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 5, 2002, in Mechanicsburg, Cumberland County, PelUlsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America. 6. There have been no prior actions in divorce between lhe parties. 7. The Plaintiff and Defendant are not members of lhe Armed Services of lhe United States or any of its allies. 8. Plaintiffhas been advised oflhe availability of counseling and that she may have the right to request that the Court require lhe parties to participate in counseling. 9. The causes of aclion and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage oftheparties is irretrievably broken. After ninely (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage ofthe parties is irretrievably broken. The Plaintiff and Defendanl separated on August 21,2003. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of malrimony. I verify lhal the stalements made in lhis Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Date: lffiphlUhJr j~rJlJJ5 By: J!!i~~!1!u,t!i!fI6YL By(!PBQ~~ Attorney No. 68736 1029 Scenery Drive Harrisburg, P A 171 09 (717) 657-4795 Attorney for Plaintiff ("-, (J ~ 7;:) ~ ...0 ~ AI::. .0 ...0 V? ~ w s- () ~~p:! ~~ 0""(- '-.:...... Patricia Carey Zucker, E~quire Daley, Zucker & Gingriqh, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 pzucker@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHERM. IDNsON; Plaintiff CIVIL ACTION-LAW v. No. 03-5623 CIVIL TERM STEVEN A. IDNSON, Defendant (In Divorce) PETITION FOR LEAVE TO WITHDRAW AS COUNSEL This Petition of Daley, Zucker & Gingrich, LLC, respectfully represents: 1. The Petitioner is Daley, Zucker & Gingrich, LLC, who is presently counsel of record for Plaintiff, H~ather M. Hinson, in the above-captioned matter. 2. The Re$pondent is Heather M. Hinson, a party in the above-captioned matter. 3. Respon~ent, Heather M. Hinson's address is 1716 Creek Vista Drive, New Cumberland, Pennsylv~ia 17070. 4. Petitio$r has been counsel of record in this matter since on or about September 2003. 5. Over the course of the Petitioner's representation of Respondent, certain issues have arisen which m~e it impossible for Petitioner to continue to represent Respondent. 6. Respondent entered into a Fee Agreement with Petitioner on September 24,2003, which required her to pay for Petitioner's services; however, Respondent has not met her financial obligations to Daley, Zucker & Gingrich, LLC. .. ,.. 7. Respondent has been given reasonable warning that Petitioner will withdraw as counsel of record unless her financial obligation is fulfilled. 8. After numerous requests by Petitioner, Respondent has yet to pay counsel fees in this matter. 9. Therefore, under Rule 1.16(b)(5) and Rule 1.16(b)(6) of the Pennsylvania Rules of Professional Conduct, good cause exists for Petitioner's withdrawal of appearance in this case. 10. As a result of the above, Petitioner accordingly requests permission to withdraw as counsel for Respondent. WHEREFORE, Petitioner, Daley, Zucker & Gingrich, LLC, respectfully requests this Honorable Court grant Petitioner leave to Withdraw as Counsel for Respondent, Heather M. Hinson, in the above-referenced divorce matter. Respectfully submitted, DALEY, ZUCKER & GINGRICH. LLC ... . VERIFICATION Upon my personal knowledge, information and belief, I, Patricia Carey Zucker, Esquire, do hereby verify that the facts averred and statements made in the foregoing petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to autho 'ties. ./' Date: rh . ,7 ~ 1<J"r I CERTIFICATE OF SERVICE I, Tara R. Guma, hereby certify that on this ~day of August 2006, a copy of the Petition for Leave to Withdraw as Counsel was placed in the United States Mail, Postage pre- paid, addressed as follows: Heather M. Hinson 1716 Creek Vista Drive New Cumberland, P A 17070 Steve A. Hinson 103 Sherwood Drive Carlisle, P A 17013 DALEY, ZUCKER & GINGRICH, LLC r By: Tara R. Guma, Leg Assistant 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Q ~ ~;~"'~ -oC)) ~\~.. r: ~ zg J>C:: ~ r-' = = Cf"' ". c::. G'") (1:) -0 -;J.: ~ ~ :r!-n n1-- -0 r.:=~, :JJ j 0, ) =12 --1". _.- -n '")--' ~'7~ Or --I ?:O :-<. .:;:- -J . .... HEATHER M. HINSON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-5623 CIVIL STEVEN A. HINSON Defendant IN DIVORCE ORDER OF COURT AND NOW, this 24th day of August, 2006, upon consideration of the Petition for Leave to Withdraw as Counsel filed by Patricia C. Zucker, Esquire, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Plainliff to show cause why the Petitioner is not entitled to the relief requested; 2. The Plaintiff will file an answer to this petition on or before September 13, 2006; 3. A copy of said answer will be filed with this Court; 4. The petition shall be decided under PaRe.P. No. 206.5; 5. If no answer to the Rule to Show cause is filed by the required date, the relief request by Petitioner shall be granted. If the Plaintiff files an answer to this Rule 10 Show Cause, and the answer raises disputed issues of material facl, an evidentiary hearing will then be scheduled. 6. Pending the resolution of the Petition to Withdraw as Counsel, all other action in this case shall be stayed. By the Court, 4)& ~~ o ,~~\ M. L. Ebert, Jr., J: , . V1N'if^1,\,S\:NJd j "In~'" /"1' ,'" '-~"'n'" 1\J..1'l/ ~~,)', "",,'c'::~jh I,.} l}O :01 HV '12 ~f1V 900l Al:l\flONOH10Ud 3H1 :10 38H~(}{];nI:l \ . ..... Patricia Carey Zucker, Esquire Petitioner Healher Hinson, Plaintiff Steven A. Hinson, Defendant bas HEATHER M. HINSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-5623 CIVIL TERM STEVEN A. HINSON, Defendant : CNIL ACTION - LAW : DNORCE 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 days after this affidavit has been served on you or the statements will be admitted. Affidavit Under Section 3301(d) of the Divorce Code 1. The parties to this action have continued to live separate and apart for a period of at least two years, since DCT6(3e r ,). 003. 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 them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Cf~ I Q-06 _______ ~~A, (~ Steven A. Hinson o C ~7 So -00,. f";' f; '-7 -y, Z:i~... ~~.. r;: I.. ~; fi:> y.~; Z :.~~ 'C5 c:::> a" (/) q N cJi """0 ::r:: o -n .....l ~:Y.:l ~t)~; ~CJ ( (-10 ~~;~ g ?5.(\1 :~ ~ ~ r;? cJi u:> SEP-14-2006 10:11 AM STEVE HINSON 717 697 6662 P.03 HEATHER M. HINSON 03-5623 Civil Term VI Case No. STEVEN A. HINSON Statement of Intendon to Proceed To the Court: Steven A. Hinson intends to proceed with the above captioned matter. ----s:::~ __ PrintName Timothy J. 0' Connell Sign Name · ---=== ~ , Date? 9 127 106 Attomeyfor defendant E:l.planatory Comment The Supremo Court of PCM.ylvania hu promulgated ncw Rule of Civil Procedure 230.2 govorning the termination of inactive cue. and amended Rule of Judicial Admini.ntfoD 1901. Two wpects of the recommendation merit comment. I. Rule of eMl Procedure New Rule of Civil procedurc 230.2 has been promulgated to govern the tcnllination of inactive cases within the scope of thll Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was prl:lviously governed by Rule of 1udicial Administration 190J and local rules promulgaIed pursuant to it. New Rule 230.2 is tailored to the needll (If civil actions. It provides a complete procedure 8lld Ii unifoml statewide practice, preempting local rules. Thill nlle wu promulgated in rellpOnsc to the decision of the Supreme Court in Shop v. Thaglc, 551 Pa. 360,710 A.2d , 104 (1998) in whioh the eoUrt held that "prejudice to the defendant lIS R result of delay in prosecution is Rquircd before 8 ClIAO ",ay be dismillled pursuant to local rules implementing Rule of Judicial Administration 190 I ." Rule of Judicial Administration 1901 (b) has been amended to aceommoda1e the new rule of civil procedure. The general policy of the prompt disposition afrnat:tcn set forth In subdivision (8) of that rule eontinues to be applicable. n Inactive C4IU ' The purpose of Rule 230.2 is to elimimtte inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the eourse of thc procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the PTotbonotary shan enter an order as of - eo.u!'lMl' termirlating the 1'ntttcr with ISrejudi~ 'for tltilure 10 t"'o"eeute. It If A party- wishes '[0 -pursue 'tne 'mllt!cr, he or she will file Il notice ofintentio" to proeeed and the action shall continuc. 11. Wh~re rhe action has been tcrminmed rf the aotion ill tenninatod when Q party believes Ihat it should not have been taminated, that pany may proceed under Rulo230(d) for reliefftom the order oftcnninatloll. An example of such an occurrence might be thc termination af a viable action when the llggrieved party did not receive the notice of Intent to terminate and thus did Dot timely me the notice of intention to proceed. The timing oflh. filing of the petition to refnrstatc thc actinn is important. 'fthe pelition is flIed within lhirty days of the entry of the order of tennination on the docket, subdivision (d)(2) provides thaI the court must grant the petition and reinswe the Bction. If the petition is filed later than the thirty-day period. subdivision (d)(3) requires that the plaintiff must make a Ilhow in to the court that the petition was promptly filed lUId that there Is a reasonable explanation or legitimate excuse both for the failure to Ale the DOtice of lntmlion to proceed prIor to the entry of the oIdcr of lennination 011 the docket and for Ihe fuilure to file Ihe petition within the thirty-dny period under subdivision (dX2). B. Whel"(l tit. acriD" ha.~ /lot been rermilfated An action which hu not belln tennlnated but which continues upon the filing ofa noti~ of intention to procecd may have been the subject of inordinBte delay. In such an Instance, the aggrieved party may pursue the rcmedy of a common law non pros which exiu independently oftermim:ltion under Rule 230.2. ,...., = = 0-' (/) I"'," -;:; o -ol :::i hI; :J] ,- "xm ~;:) CJ C)). ."J,_l :J~ =-71 i,~~~ ~ ::D .< f".-) co v __L... r:'! N co Patricia Carey Zucker, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PAl 7109 (717) 657-4795 pzucker@dzg1aw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HEATHER M. HINSON, Plaintiff v. No. 03-5623 CIVIL STEVEN A. HINSON, Defendant (In Divorce) MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Daley, Zucker & Gingrich, LLC, and respectfully represents: 1. The Petitioner is Daley, Zucker & Gingrich, LLC, who is presently counsel of record for Plaintiff, Heather M. Hinson, in the above-captioned matter. 2. The Respondent is Heather M. Hinson, the Plaintiff in the above-captioned matter. 3. On August 18, 2006, Petitioner filed with this Honorable Court a Petition for Leave to Withdraw as Counsel. 4. On August 24, 2006, the Honorable M.L. Ebert, Jr., issued a Rule on the Plaintiff and Defendant to show cause why the Petitioner is not entitled to the relief requested. Said Rule was returnable on or before September 13,2006. 5. A copy of said Rule was served upon Respondent, Heather M. Hinson, and Defendant, Steven A. Hinson, by certified mail, return receipt requested, as well as regular first class mail. Copies of the Affidavits of Service are attached hereto as Exhibit "A". 6.. Plaintiff nor Defendant have responded to said Rule within the allotted time. WHEREFORE, Petitioner respectfully requests this Honorable Court to make the Rule absolute and issue an order granting the Petitioner to withdraw as attorney of record for the Plaintiff in the above matter. B 1a Carey Zucker,.. orney I.D. No. 373 029 Scenery Drive I Harrisburg, Pennsylvani (717) 657-4795 VERIFICATION Upon my personal knowledge, information and belief, I, Patricia Carey Zucker, Esquire, do hereby verify that the facts averred and statements made in the foregoing petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Date: At ') t 7M( B CERTIFICATE OF SERVICE t1 I, Patricia Carey Zucker, Esquire, hereby certify that on thisK day of September 2006, a copy of the Motion to Make Rule Absolute was placed in the United States Mail, Postage pre-paid, addressed as follows: Heather M. Hinson 748 Meadow Drive Camp Hill, PA 17011 Steven A. Hinson 103 Sherwood Drive Carlisle, PA 17013 By( \ / -- Patricia Carey Zucker, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Dzucker(@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLA VNIA HEATHER M. HINSON, Plaintiff v. STEVEN A. HINSON, Defendant No. 03-5623 CIVIL (In Divorce) AFFIDAVIT OF SERVICE Patricia Carey Zucker, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 31 st day of August, 2006, she did serve upon Steven A. Hinson, the Defendant in the foregoing case, a true and correct copy of the Order of Court dated August 24, 2006, by sending to him, by certified mail, return receipt requested, as well as regular first class mail, to 103 Sherwood Drive, Carlisle, P A 17013. The original proof of mailing is attached hereto as Exhibit "A" . Sworn to and subscribed before me this ~dayof !Q~~ ,2006 ~ru.~ COMMONWEALTH 6F PENNSYLVANIA NOTARIAL SEAL JANET M. fiSHER, NOTARY PUBLIC LOWER PAXTON TOWNSHIP, DAUPHIN COUNTY MY COMMISSION EXPIRES OCTOBER 19. 2008 U.S. Postal Servicem . CERTIFIED MAILm RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) m .::r ..D l"- e r-=t a- m r-=t e e Return Receipt Fee e (Endorsement Required) CJ Restricted Delivery Fee a- (Endorsement Required) J:[J nJ Total Postage & Fees $ .::r Cl Cl I"- c'r ~,i If:R. COMPLETE THIS SEe liON COMPLETE THIS S<: ,';TION ON DE1IVE RI' x ~ o Agent o Addressee C. Date of Delivery B. R8CeivEid by ( Printed Name) 1. ArtIcle Addressed tf. CI) 111< .$lcll/yl / lJ3 Jhe1-'bp Wu!;J.e, 11~- \ !: D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. ~Ice Type JZ'-CertIfIed Mall [] Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (EXtra Fee) 0 Yes 2. MIele Number (Ttansfer from service label) PS Fonn 3811. February 2004 7004 2890 0001 3910 7643 Domestic Return Receipt 102595-02-M-1540 Patricia Carey Zucker, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Dzucker@dzl2:law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLA VNIA HEATHER M. HINSON, Plaintiff v. No. 03-5623 CIVIL STEVEN A. HINSON, Defendant (In Divorce) AFFIDAVIT OF SERVICE Patricia Carey Zucker, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 28th day of August, 2006, she did serve upon Heather M. Hinson, the Plaintiff in the foregoing case, a true and correct copy of the Order of Court dated August 24, 2006, by sending to her, by certified mail, return receipt requested, as well as regular first class mail, to 748 Meadow Drive, Camp Hill, P A 17011. Said certified mail was returned indicating "unclaimed." The original proof of mailing is attached hereto as Exhibit "A". Since the certified mail has been refused and the regular mail has not been returned, service on the Plaintiff is deemed to be complete. By: . a . cia Carey Zuck A orney I.D. No.3. 1029 Scenery Drive Harrisburg, P A 17109 \..--. (717) 657- 4795 Sworn to and subscribed before me this ~ day of J&.ptHc.bJL , 2006 ~ru.L 'f"f\. ~~V COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JANET M. FISHER, NOTARY PUBLIC LOWER PAXTON TOWNSHIP, DAUPHIN COUNTY MY COMMISSION EXPIRES OCTOBER 19, 2008 o )- 1M \;< \~ ;\0 :; 0 \~ ~\~ ~- ~ \ c;:p s;>:: . \fl \ ~ "',0 ~\- J '"1- k ~ \0 ~-- ~ \\~ \~ ~ o ~ ~~ " " ,o~ J'~" U J ~ , o \0 )t lJl Q ~ o ......-.l~ "'.$>"""I 0> ex> rp ::l "t. 00 ~ C?:P .,. Cf) 0 r'I .. r"'\r'I r"'\ UJ o - :: ~ :::::: -..1 -::- r:- :: 0 -::- U) c. 1) . J.. - U\ n...- -=- (.l Z -\ ; ::::: ~ "&CC L ~ ~t~ ::- IS) I" r :: 'D-l 1-.\0 - aHO - :I "'!\tt\VJ - '(> 0011\ i-" :0 Z - -..1 C 0 :: i-l']) f!l ::= Ii) 11 II ~ :: \, 0 *- - ... == t.J - 0 ::- --1 =- Ii) - \ =- ~J :..- l.;' (;) ~ Z H X H rtl ~ .... tt i.I ..... ~ ~. # t ~ .~, ~"" -J o o .x= r. '''~4 r \\ 'Ii, 7c. '\! '" ~~~ ~I , ~ :;: .; ~ I ~ , " l-! , 0:\\ ~/' .?-: . -f f ~,\ t/' ~;: ~'( ;:-~ ~ ~ o ~ \ c.W :; ~ ,.- c1\ Patricia Carey Zucker, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 pzucker@dzglaw.com oel 0 t\ Z006 ^AI~_~~_ . :~~--L-. ), \ -, ,~ \ J J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HEATHER M. HINSON, Plaintiff v. No. 03-5623 CIVIL STEVEN A. HINSON, Defendant (In Divorce) ORDER '\~ AND NOW, this~dayof ac...t~'at( , 2006, upon consideration of the Petition to Withdraw as Counsel, it is hereby ORDERED and DECREED that Patricia Carey Zucker, Esquire, and Daley, Zucker & Gingrich, LLC, are granted leave to withdraw as counsel of record for the Plaintiff, Heather M. Hinson, in the above-captioned matter. BY THE COURT: \ '\ G..l\ \ \ J. :01 Qj ! r.O -' .. . ,'J qim - ....'; ....uu~ 1,->\ :.}Lf HEATHER M. HINSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-5623 CIVIL TERM STEVEN A. HINSON, Defendant CNIL ACTION IN DIVORCE NOTICE OF INTENT TO REQUEST ENTRY OF 3301(d) DIVORCE DECREE TO: Heather M. Hinson You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Section 3301(d) affidavit. Therefore, on or after November 8, 2006, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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. Court Administrator Cumberland County Courthouse 41h Floor, One Courthouse Square Carlisle, P A 17013 (717) 240-6200 () "Tl , -'-'.\ r-,.) {)~-. HEATHERM. HINSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-5623 CIVIL TERM STEVEN A. HINSON, Defendant CIVIL ACTION IN DIVORCE COUNTER-AFFIDAVIT UNDER OF 3301(d) DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because [check (i), (ii) or both]: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-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: Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. r, co. r-,.) C::_~::'J C::l' i:':'j~~ ....::.:,'., --.: c.:.. 1 HEATHER M. HINSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-5623 CIVIL TERM STEVEN A. HINSON, Defendant CNIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint filed in the above captioned action. Date: October 30, 2003 ~A.~ Steven A. Hinson 11f-- ~) - 3~SS Social Security No. {~ !'--' ~~~ :::..;.;--.", -.-:i r"."J 0"' HEATHER M. HINSON IN THE COURT OF COMMON PLEAS vs. : CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION STEVEN A. HINSON : NO. 03-5623 CNIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: I:m:a_~~3aQk~ 3301 (d) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: served 10/30/03 by personal service - see Acceptance of Service filed herewith 3. 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 ; by defendant b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: 9/19/06 (2) Date of filing and service of the plaintiff s affidavit upon the respondent: filed 9/25/06; served 9/27/06 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: served 1 0/1 9 /06 by fir s t b. ~t!sJf ~~fs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: ,//> ~... Attorney for ~efendant Timothy J. O'Connell, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 1",) "~........! ["J (" ~ ~~~~~~~~~~~~ ~~~~~ ~~~~~~ ~~m~~ ~~ ~~~~ ~~~~~ ~~ ~~ ~~~~~ ~~~~~~ ~~ ~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. HEATHER M. HINSON No. 03-5623 Civil Term VERSUS STEVEN A. HINSON DECREE IN DIVORCE AND NOW,---N Q\Jt.oH..\bLf 22.. ,2006 , IT IS ORDERED AND DECREED THAT Heather M. Hinson , PLAINTIFF, AND Steven A. Hinson , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER_HAS NOT YET BEEN ENTERED; none J. it: !t'l!t'lit: !t'l !t'l '" "':f.;E :f.;E ;Eft'!t'l :f.!t'l;E;E !t'l:t: "'~ ~!t'lit:~ft'!t'l!t'l :f.:f. ft';E~;E~~ft'ft'ft' ~,~ ~ ~ ~.' ~tf, ~'I-el IIY? ~ ~ . Pl #/tJ. I' el " ... ~. ,~. , . 'l> :..jj! \, t ,)...!~'~..;.'\ .- ....-.. " ---