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HomeMy WebLinkAbout08-2893 MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (717) 909-4060 Attorney for Plaintiff MARIE E. HUBER, IN THE COURT OF COMMON PLEAS Plaintiff V. GUY D. HUBER, Defendant CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. O$ - x893 Cvi l Terh CIVIL ACTION -LAW 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 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue; Suite 102 Camp Hill. PA 17011 (717) 909-4060 Attorney for Plaintiff MARIE E. HUBER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 0 P -? Y 93 -e--,, GUY D. HUBER, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Marie E. Huber, who has resided at 2307 Claridge Court, Enola, Cumberland County, Pennsylvania, for the last six months. 2. Defendant is Guy D. Huber, who has resided at 2307 Claridge Court, Enola, Cumberland County, Pennsylvania, for the last six months. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 18, 1987 in Ridgebury, Bradford County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are children of the parties under the age of eighteen (18), namely: Alexandria (DOB 7-21-95), Matthew (DOB 7-24-98), Sydney (DOB 5-18-01) and Miranda (DOB 6-13-03). COUNT I - DIVORCE 10. Plaintiff avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court enter a decree in divorce. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: iY ;3d v13 By: /7) MARGA9ET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Marie E. Huber, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Marie E. Huber DATE: J-//J?pD C-Z 0 14 X-C jF ! yL V00 a 0o d ?' n r-a 9 0 flo SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street, 31d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Jsmigelr?satilln.cum A01roc;I;irisa sl hhi._.om Attorneys for Defendant MARIE E. HUBER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA V. NO. 08-2893 GUY D. HUBER, DEFENDANT CIVIL ACTION - CUSTODY ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE AND NOW, comes Defendant, Guy D. Huber, by and through his counsel Smigel, Anderson & Sacks, and files the following Answer and Counterclaim to Complaint in Divorce and in support thereof avers as follows: ANSWER 1. Admitted in part and denied in part. Defendant admits that Plaintiff is Marie E. Huber and that she resided at 2307 Claridge Court, Enola, PA for six (6) months prior to the filing of her Divorce Complaint. Defendant denies that Plaintiff is residing at 2307 Claridge Court, Enola, PA. Plaintiff left that address on or about August 13, 2008 and the residence is now vacant. 2. Admitted in part and denied in part. Defendant admits that he is Guy D. Huber and that he resided at 2307 Claridge Court, Enola, PA for six (6) months prior to the filing of Plaintiff's Divorce Complaint. Defendant denies that he is residing at 2307 Claridge Court, Enola, PA. Defendant has resided at 1212 Summit Way, Mechanicsburg, PA since on or about July 2008. 3. Admitted. 4. Admitted in part and denied in part. Defendant admits that the parties were married in Ridgebury, Bradford County, Pennsylvania. Defendant denies that the parties were married on May 18, 1987. The parties were married on May 16, 1987. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Defendant is without sufficient information or knowledge to admit or deny this averment. Therefore, it is denied. 9. Admitted. 10. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court enter a decree of divorce. COUNTERCLAIMS COUNTI EQUITABLE DISTRIBUTION 11. Defendant repeats and realleges the averments of paragraphs 1 through 10 which are incorporated by reference herein. 12. Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by this Court. WHEREFORE, Defendant respectfully requests that this Honorable Court equitably distribute the marital property after an inventory and appraisement has been filed by the parties. COUNT II ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 13. Defendant repeats and realleges the averments of paragraphs 1 through 12 which are incorporated by reference herein. 14. Defendant requires support to adequately maintain himself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant respectfully requests that this Honorable Court award him reasonable alimony pursuant to Section 3701 of the Divorce Code. COUNT III ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 15. Defendant repeats and realleges the averments of paragraphs 1 through 14 which are incorporated by reference herein. 16. Defendant has no adequate means of support for himself during the course of this litigation. 17. Defendant does not have sufficient funds to pay counsel fees, costs or expenses incidental to this action. WHEREFORE, Defendant respectfully requests that this Honorable Court award him alimony pendente lite, counsel fees, costs and expenses. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date:_ 7 L03 By: gel, Esquire I.D. 09617 (?e-R/o R. Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant VERIFICATION I, Guy D. Huber, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: SI Z-1 110? du AD. H MARIE E. HUGER, PLAINTIFF V. GUY D. HUBER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2893 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of Defendant's Answer to Plaintiff's Complaint for Divorce on counsel for Plaintiff by depositing same in the U.S. Mail, postage prepaid for first class mail, on 2008, addressed as follows: MARGARET M. SIMOK, ESQUIRE 210 GRANDVIEW AVENUE, SUITE 102 CAMP HILL, PA 17011 SMIGEL, ANDERSON & SACKS, LLP By: eRoy S igel, Esquire I.D. 09617 Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant 70 p -411L 9E ? O S,. JST•T? ?r2. 7 I:- rrl J ~; ?_ 3-7 r 11? MARIE E. HUBER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND, PENNSYLVANIA V. NO. 08-2893 GUY D. HUBER, DEFENDANT CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served two copies of Defendant's First Set of Interrogatories to Plaintiff on counsel for Plaintiff by depositing same in the U.S. Mail, postage prepaid for first class mail, on Pp koJV ( 0 , 2008, addressed as follows: MARGARET M. SIMOK, ESQUIRE 210 GRANDVIEW AVENUE, SUITE 102 CAMP HILL, PA 17011 SMIGEL, ANDERSON & SACKS, LLP By: LeRoy Smigel, Esquire I.D. 09617 Jam R. Demmel, Esquire I.D. 90918 4-411 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant r .?Lv. Y?; T 1sR .Y .V M ? MARIE E. HUBER, PLAINTIFF V. GUY D. HUGER, : IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 08-2893 DEFENDANT CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served two copies of Defendant's First Request for Production of Documents on counsel for Plaintiff by depositing same in the U.S. Mail, postage prepaid for first class mail, on ID , 2008, addressed as follows: MARGARET M. SIMOK, ESQUIRE 210 GRANDVIEW AVENUE, SUITE 102 CAMP HILL, PA 17011 SMIGEL, ANDERSON & SACKS, LLP By: - 12 - ,reRoy S igel, Esquire I.D. 09617 ames X. Demmel, Esquire I.D. 90918 4 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant cp T ..? "U L] l., % ? -?? ?' C_ f? '? MARIE E. HUBER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2893 GUY D. HUBER, DEFENDANT CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of Defendant's Answers to General Interrogatories (First Set) from Plaintiff to Defendant on counsel for Plaintiff by depositing same in the U.S. Mail, postage prepaid for first class mail, on DL 44t,, ?_ 3 , 2008, addressed as follows: MARGARET M. SIMOK, ESQUIRE 210 GRANDVIEW AVENUE, SUITE 102 CAMP HILL, PA 17011 SMIGEL, ANDERSON & SACKS, LLP By: LeRoy,jSmigel, Esquire I.D. 09617 TameR. Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant ?.w i` I { K MARIE E. HUBER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2893 GUY D. HUBER, DEFENDANT CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of Defendant's Answer to Plaintiff's Request for Production of Documents (First Set) on counsel for Plaintiff by depositing same in the U.S. Mail, postage prepaid for first class mail, on DG4t/ 2_3 , 2008, addressed as follows: MARGARET M. SIMOK, ESQUIRE 210 GRANDVIEW AVENUE, SUITE 102 CAMP HILL, PA 17011 SMIGEL, ANDERSON & SACKS, LLP LeRoy migel, Esquire I.D. 09617 Jam R. Demmel, Esquire I.D. 90918 31 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant n c-° c, . -• _ try ??J ? ^ c, SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street, Id Fir. Harrisburg, PA 17110-1778 (717) 234-2401 lsmigelnsasllp.com idemmelnsasllp.com Attorneys for Defendant MARIE E. HUBER, PLAINTIFF V. GUY D. HUBER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 08-2893 CIVIL ACTION-DIVORCE PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW, comes James R. Demmel, Esquire, attorney of record for Defendant, Guy D. Huber, and files the following Petition for Leave to Withdraw As Counsel and in support thereof avers as follows: 1. Petitioner is James R. Demmel, Esquire, attorney of record for Defendant, Guy D. Huber, in the above-captioned case. 2. Plaintiff is Marie E. Huber, currently residing at 2307 Claridge Court, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant is Guy D. Huber, currently residing at 1212 Summit Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. On or about August 4, 2008, Petitioner was engaged pursuant to a written fee agreement (the "Engagement Letter") to represent Defendant in the above-captioned action and a custody matter docketed at 08-4576. A true and correct copy of the Engagement Letter is attached hereto as Exhibit «A 5. Petitioner has acted in all respects in accordance with the terms of the engagement with Defendant. 6. Defendant has nevertheless filed to honor his obligations pursuant to the engagement in that he has failed to pay Petitioner's legal fees when due. This affirmative duty is incorporated in the Engagement Letter. 7. Petition has mailed regular invoices to Defendant setting forth (a) the description of services rendered on Defendant's behalf, (b) the amounts charged for such services, and (c) all disbursements made by Petitioner in connection with his representation of Defendant. 8. Petitioner has written to and spoken to Defendant in an attempt to arrange payment for services rendered and to gain cooperation with the case; however, Petitioner has been unsuccessful. 9. Defendant made partial payments in the amount of $7,000.00, but after deducting such partial payments, an unpaid balance of $32,197.25 (the "Balance") remains due on both the above captioned matter and the custody matter. 10. Despite Petitioner's numerous attempts by telephone and letter to arrange payment of the Balance, Defendant has failed and refused to make full payment of those amounts due and owing. 11. Defendant's failure to cooperate with Petitioner in all respects has rendered Petitioner unable to perform his obligations in this case. 12. Rule of Professional Conduct 1.16(a)(1) authorizes an attorney to withdraw as counsel if the representation will result in a violation of the rules of professional conduct, such as the creation of a conflict of interest. 13. Rule of Professional Conduct 1.16(b)(5) authorizes an attorney to withdraw as counsel if the representation will result in an unreasonable financial burden on the attorney. 14. Rule of Professional Conduct 1.16(b)(6) authorizes an attorney to withdraw as counsel for good cause. 15. By virtue of the foregoing, Petitioner has several valid reasons to withdraw in this action, and Petitioner does not believe that these issues will change, as Defendant has had several months to remedy the foregoing issues and has failed to do so. 16. No judge has made a ruling in this matter previously. 17. Plaintiff's counsel does not object to Petitioner's request to withdraw. WHEREFORE, Petitioner respectfully requests that the Court enter the attached form of Order, permitting Petitioner to withdraw as counsel of record. Date: 3 D I Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP By: Q )- L?: eRoy igel, Esquire I.D. 09617 R. Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant Fxl,ib1-t SMIGEL, ANDERSON LEROY SMIGEL, ESQUIRE LX+ SACKS LLP PHONE: (717) i34-2401' ATTORNEYS AT LAW TOLL FREE: 1-800-822-9757 FACSIMILE (717) 234-3611 EMAIL: lsmige 1(4),s asllp. com www.sasllp.com July 24, 2008 Mr. Guy Huber 1212 Summit Way Nl,,c;lanicsburg, PA ?. 705o Dear Guy: This letter will formalize and confirm our recent discussions in our offices concerning our representation of you in your domestic matter. As I indicated to you, I am not in a position to quote you a specific fee for our professional services due to the uncertain nature of your case. We will represent you on an hourly basis. My present hourly rate is $300.00 and James R. Demmel's rate is currently $225.00 an hour. This hourly rate may be subject to increase in the future as we experience rising costs and overhead expenses. Costs and fees will be itemized and billed on a monthly basis. Billings are computed in fractions of hours of not less than one-tenth of an hour. The time expended includes necessary time required for conferences, telephone calls, preparation of pleadings and documents, research, preparation and attendance at court proceedings, and, if necessary, travel time and other matters related to your case. If some of the work on your case can be done by a paralegal or by a law clerk, whose hourly rates are substantially lower than mine, the overall fee will be lower to the extent that their time is utilized. Paralegal time is billed at $125.00 per hour and law clerk services are billed at $100.00 per hour. Any out-of-pocket expenses such as filing fees, transcripts, photocopies, long distance phone calls, on-line research charges and, if necessary, appraisals wid accounting fees will be charged to you at cost in addition to the fee. A replenishing retainer in the amount of $10,000.00 will be required to secure our representation in beginning work on your case. Your retainer will include the initial consultation and the balance will be credited to your account for payment of services and costs as they are incurred in the future. Should your case be settled quickly, any sums in excess of the costs and fees incurred will be refunded to you. In the event that the fees and costs exceed the retainer, we will require an additional retainer to secure our on-going representation. Outstanding balances beyond ninety (90) days will be charged 1.5% per month. We reserve the right to withdraw our representation in the event that requested payments are not made on a timely basis. 4431 North Front Street, Harrisburg, Pennsylvania 17110-1709 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP Mr. Guy Huber July 24, 2008 Page 2 It is our standard practice to keep you informed as to the progress of your case. We shall provide you with copies of all correspondence, pleadings and other documents which are received by or sent from this office so that you will be able to maintain your own complete file. Likewise, copies of emails of significance and importance are forwarded to you on a routine basis. The copies sent to you will constitute a client file. If at the end of our engagement you request additional copies of files maintained in our office, the copying will be done at your expense. All private notes, memoranda, impressions and opinions of counsel created during the course of representation will remain the property of the firm. Every effort will be made by this firm to handle your case efficiently and in accordance with the highest legal and ethical standards. Your case will also be held in the strictest confidence. In the event that any court documents are forwarded to you as a party to this litigation, it is essential that you immediately forward them to us in order that we may be kept current with your case and ensure that we can take timely action to protect your rights. There may be times when you call that I am not available to speak with you. Please be assured, however, that I will return your call as soon as possible, hopefully the same day. If you are merely passing on information, please feel free to speak with my paralegal, Vicky Fitz or James R. Demmel's assistant, Shawna Thomas. If the terms of this letter accurately represent your understanding of the terms of our representation, and you have no questions to be answered or clarified, please countersign this letter and return the original to us in the enclosed envelope with the retainer. Keep a copy of this letter for yourself so that we will have a mutual memorandum of our understanding in our representation of you. I look forward to working with you in this matter. j Sincerely, ! LeRoy Smigel LRS:JRD:smt Accept( 2008. MARIE E. HUBER, PLAINTIFF V. GUY D. HUBER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2893 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that on the 3 day of September, 2009 I served a true and correct copy of Petition for Leave to Withdraw as Counsel by depositing same in the U.S. Mail, postage prepaid for first class mail, on the following: GUY HUBER 1212 SUMMIT WAY MECHANICSBURG, PA 17050 DONALD T. KISSINGER, ESQUIRE HOWETT, KISSINGER & HOLST, P.C. P.O. BOX 810 HARRISBURG, PA 17108 SMIGEL, ANDERSON & SACKS, LLP By: Q b'sz-__ LeR Smigel, Esquire I.D. 09617 es R. Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant FILED-OF'F C g j OF,? PRC rLjNJTAP 2009 SEP -8 Pik 1: 19 MARIE E. HUBER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND, PENNSYLVANIA V. NO. 08-2893 GUY D. HUBER, DEFENDANT CIVIL ACTION- DIVORCE RULE TO SHOW CAUSE AND NOW, this p day of ? e-! 11-0 ? , 2009, upon consideration of the Petition for Leave to Withdraw as Counsel, a Rule is hereby issued on Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 2_ days of this order. BY THE COURT: OF THE . "I _TkRy 2009 SEP 10 Pfi 2: 4 3 PENNIS`r`EVANA oorl £ S r-n;t t &CL 944Yb. ? SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street, P Fir. Harrisburg, PA 17110-1778 (717) 234-2401 lsmi eel(a?sasllp. com idemmeJ(a),sasllp cum Attorneys for Defendant MARIE E. HUBER, PLAINTIFF V. GUY D. HUBER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 08-2893 CIVIL ACTION- DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes James R. Demmel, Esquire, attorney of record for Defendant, Guy D. Huber, and files the following Motion to Make Rule Absolute and in support thereof avers as follows: 1. On September 8, 2009, James R. Demmel, Counsel for Defendant, filed a Petition for Leave to Withdraw as Counsel. 2. This Court issued a Rule to Show Cause on September 10, 2009, requiring both parties to show cause why the Petition for Leave to Withdraw as Counsel should not be granted within twenty-one (21) days of service. 3. The Rule to Show Cause was served on Plaintiff's counsel and Defendant on September 16, 2009. 4. Neither party filed an answer to the Petition for Leave to Withdraw as Counsel. 5. Pursuant to Pa.R.C.P. §206.7, if an answer is not filed, "all averments of fact in the petition may be deemed admitted ...and the court shall enter an appropriate order." 6. The Honorable Wesley Oler has previously ruled in this matter. 7. Plaintiff's counsel does not object to this Motion. WHEREFORE, Defendant's counsel, James R. Demmel, Esquire respectfully requests that this Honorable Court issue the attached Order, permitting Petitioner to withdraw as counsel of record. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date: ld $ (7 By: Roy migel, Esquire I.D. 09617 Jame. Demmel, Esquire I.D. 90918 445-1 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant MARIE E. HUBER, PLAINTIFF V. GUY D. HUBER, : DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2893 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that on the 'S day of October, 2009 I served a true and correct copy of Motion to Make Rule Absolute by depositing same in the U.S. Mail, postage prepaid for first class mail, on the following: GUY HUBER 1212 SUMMIT WAY MECHANICSBURG, PA 17050 DONALD T. KISSINGER, ESQUIRE HOWETT, KISSINGER & HOLST, P.C. P.O. BOX 810 HARRISBURG, PA 17108 SMIGEL, ANDERSON & SACKS, LLP By: oy S igel, Esquire I.D. 09617 es . Demmel, Esquire I.D. 90918 44 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant tv??`, +"} 1 OCT cu G, MARIE E. HUBER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND, PENNSYLVANIA V. NO. 08-2893 GUY D. HUBER, DEFENDANT CIVIL ACTION- DIVORCE ORDER AND NOW, this I day of d L? , 2009, upon consideration of the Motion to Make Rule Absolute, said Motion is hereby granted. Defendant's counsel is hereby granted leave to withdraw as counsel. BY THE COURT: J. !JWribution: 1,4 es R. Demmel, Esquire, as counsel for Defendant, 4431 N. Front St., Harrisburg, PA 17110 oViald T. Kissinger, Esquire, as counsel for Plaintiff, P.O. Box 810, 17108 ? Uy Huber, Plaintiff, 1212 Summit Way, Mechanicsburg, PA 17050 ?O'J 1 >rs /)'1.81 tv?rs?o? ?r? OF THE ?,V)TAR, 2099 COT 15 PH' 13: 19 CU' Y MARIE E. HUGER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-2893 GUY D. HUBER, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE FOR WITHDRAW/ ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Marie E. Huber, Plaintiff in the above- captioned matter. MARIA P. COGNETTI & ASSOCIATES By: /1't,z. ' ' MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Marie E. Huber, Plaintiff in the above-captioned matter. H KISSINGER & HOLST, P.C. Date: vkv kot By: l / DONALD T. KISSING ESQUIRE Attorney I.D. No. 47937 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone No. (717) 234-2616 Attorney for Plaintiff FILED-ar F,C c OF TI?c F,w,r -i1)?,ICj FARY 2009 OCT 2 1 PH 3': 0 1 t e MARIE E. HUBER, PLAINTIFF V. GUY D. HUBER, : DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2893 CIVIL ACTION - DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned as counsel for Defendant, Guy D. Huber, in the above-captioned action pursuant to this Honorable Court's Order dated October 14, 2009, granting leave of counsel to do so. Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP Date: iD(Lu Log By: [) - S),_ oIf6koy S igel, squire I.D. 09617 3 e . Demmel, Esquire I.D. 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant 24G: ?2 k ism Cu'm - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE E. HUBER, Plaintiff V. ) GUY D. HUBER, ) Defendant ) NO. 08-2893 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER claims: Plaintiff, Marie E. Huber, moves the court to appoint a master with respect to the following (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The defendant was represented by James R. Demme], Esquire. However, by Order of Court dated October 14, 2009, counsel has been granted leave to withdraw and is therefore, now believed to be appearing pro se. 3. The statutory grounds for divorce are §3301(c). 4. An agreement has been reached with respect to the following claims: N/A The action is contested with respect to the following claims: divorce, alimony, alimony pendente lite, distribution of property, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. Date: Donald T. Kissinger, Esq 're Attorney for Plaintiff AND NOW, , 2009, master with respect to the following claims: Esquire is appointed BY THE COURT: J. 'DF THE P"T" 'XOTAAY 2009 NOV -5 Pri 12= 3b GUM' uM3y NOV 0 b 2000 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE E. HUBER Plaintiff ) V. ) GUY D. HUBER, ) Defendant ) NO. 08-2893 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, Marie E. Huber, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The defendant was represented by James R. Demmel, Esquire. However, by Order of Court dated October 14, 2009, counsel has been granted leave to withdraw and is therefore, now believed to be appearing pro se. The statutory grounds for divorce are §3301(c). 4. An agreement has been reached with respect to the following claims: N/A The action is contested with respect to the following claims: divorce, alimony, alimony pendente lite, distribution of property, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. Q --? ' Date: Z v -'- Donald T. Kissinger, Esq re Attorney for Plaintiff AND NOW, 2009, Esquire is appointed master with respect to the following claims: C 11 4?- _)r THE R A,AY 2599 NOV -5- PM 12: 36 ti FIL~~-OF~lCE QF TIDE Pf?1~7Ht~f~OTA~Y X010 QCT 15 P~ I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUh4BERLA~I~ CCIUt~~'`~' ~~PdP~S'~~-~~~~`~~~~ MARIE E. HUBER, Plaintiff ) NO. 08-2893 CIVIL TERM v. ) GUY D. HUBER, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE PETITION FOR REVOCATION OF MASTER TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff herein, Marie E. Huber, by her attorney, Donald T. Kissinger, Esquire, who respectfully represents that: 1. Plaintiff, Marie E. Huber, filed a Motion for Appointment of Master on November 5, 2009, wherein she raised additional claims of divorce, alimony, alimony pendente lite, distribution of property, counsel fees, costs and expenses. 2. E. Robert Elicker, II, Esquire, was appointed master in this matter on or about November 9, 2009. 3. The parties, through their counsel, have resolved all outstanding issues so that the divorce action may proceed pursuant to Section 3301(c) of the Divorce Code. 4. Because there remain no issues to be resolved by the master, his appointment should be revoked. 5. Counsel for Defendant, Timothy J. Colgan, Esquire, joins in the petition herein and has authorized the undersigned to so state. Date: l6 ~ CQ Respectfully submitted, - ~ Donald T. Kissinger, Esquir HOWETT, KISSINGER & H ST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Marie E. Huber r ~ 1 p~ ~ $ LU1U JUDGE OLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE E. HUBER, ) Plaintiff ) NO. 08-2893 CIVIL TERM v. ) GUY D. HUBER, ) Defendant ) CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this z ~ day of October, 2010, the within Petition for Revocation of Master is hereby granted. BY THE COURT: ~~ J. (D ~t~tv `_'~ ~'~ rv "CJ ~ ~ `~ VG ~ :.~ ~ ~ ~ ~ t'- ~~ rn Pe3 C J r."' ..~' <~ :x'a -4 C~ -~`rl ~~ = fir=, ~ ~ D ~ ~~ ~ .- ` 1 ~ f ~ ~ g'[U~~U FlLED-Q~FlCE K"/- 0;' Thl~ ~'F?T'#~JP~OTAR~' 20I 4 OCT I S P~ I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C~J~4BERLA~@D ~~~lP~~'`~' MARIE E. HUBER, ) Plaintiff ) NO. 08-2893 CIVIL TERM v. ) GUY D. HUBER, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE PETITION FOR REVOCATION OF MASTER TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff herein, Marie E. Huber, by her attorney, Donald T. Kissinger, Esquire, who respectfully represents that: 1. Plaintiff, Marie E. Huber, filed a Motion for Appointment of Master on November 5, 2009, wherein she raised additional claims of divorce, alimony, alimony pendente lite, distribution of property, counsel fees, costs and expenses. 2. E. Robert Elicker, II, Esquire, was appointed master in this matter on or about November 9, 2009. 3. The parties, through their counsel, have resolved all outstanding issues so that the divorce action may proceed pursuant to Section 3301(c) of the Divorce Code. 4. Because there remain no issues to be resolved by the master, his appointment should be revoked. 5. Counsel for Defendant, Timothy J. Colgan, Esquire, joins in the petition herein and has authorized the undersigned to so state. Respectfully submitted, Date: ~ 6 ~ lQ -~ t Donald T. Kissinger, Esquir HOWETT, KISSINGER & H ST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Marie E. Huber ~~.. ,__ iit; `~ MARIE E. HUBER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 08-2893 -Civil Term GUY D. HUBER, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, DAVID R. GETZ, ESQUIRE, do hereby accept service of a true and correct copy of the Complaint in Divorce directed to my client, Guy D. Huber, Defendant in the above-captioned matter, pursuant to Pennsylvania Rule of Civil Procedure No. 402(b}. WIX, WENGER & WEIDNER DATE: ~~~ ~~~ y~~~~-> '~ ~~ By: AVID R. ETZ, ES~ Attorney ID No. ~' 508 North Second Street P.O. Box 845 ITarr:sburg, P ^~ 17108--OQ45 Telephone No. 717-234-4182 Attorney for Defendant ` ft~'~P~`iraS~d3ci S ~ ~ 11 ~ ~Z 1~0 0l~~ ~~I.~.~O-Cl~~ii.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE E. HUBER, ) Plaintiff ) v. ) GUY D. HUBER, ) Defendant ) NO. 08-2893 CIVIL TERI~~ f~ ~,r- CIVIL ACTION -LAW ~ ~ IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: ~~ '°"~ ..,r" ~ -..~ ""'~~ _.. ... "~ •.w.TI~' 1i ry ' L va ry.~ ~ e~ ~J ~~ ~ ~ ~ r ~~ ~ k. .. Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by David R. Getz, Esquire on May 16, 2008; Acceptance of Service is being filed contemporaneously herewith. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, October 11, 2010; by defendant, October 11, 2010. 4. Related claims pending: No related claims pending. 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: ;' ~ ~~~~ r .,`` ~ ~, ~nald=f:Kissinger, Esquir , HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Marie E. Huber IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE E. HUBER, ) Plainti ff ) NO. 08-2893 CIVIL TERM ,~.~3 ,,~, ~ :~ ~:, ~ --i f~~ ~ ~_ ,.. ~ GUY D. HUBER, ) CNIL ACTION -LAW ~~ c iZ ~~ Defendant ) IN DIVORCE :gy=p ~ ~,,, ;~ -n ~~~ ~ ~ ~ ~ PLAINTIFF'S AFFIDAVIT OF CONSENT A°' ~'~ t 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on May 6, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~© l~ 4 E~ Marie E. Huber, Plaintiff CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS MARIE E. HUBER, Plaintiff, vs. GUY D. HUBER, Defendant ACTION -- LAW NO.: 08-2893 ..~~ rz't ~ ~ ~ m~ ~~ rv ~ ~ :~~ ~ ~c~ ~ ",. ~ ~ ~ -~ ~ ~~ ~,..- :,~ AFFIDAVIT OF CONSENT -~~ ~.~~ -~; 1. A Complaint in Divorce under §3301(c} of the Divorce Code was filed on May 6, 2oas. 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 in Divorce after service of notice of intention to request entry of the decree. 4. l I verify that the statements made in this Affidavit ar true and corre . I understand that false statements herein are made subject to the penalti o 8 Pa. 9 4, elating to unsworn falsificatio to uthorities. Date: Guy ber, efen t WAIVER OF NOTICE OF I TENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Waiver are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 elating to unsworn falsificatio s t authorities. Date: Guy . Hu er, De dant MARIE E. HUBER V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 2893 CIVIL TERM DIVORCE DECREE AND NOW, b ~~ . 30 2 a L~b , it is ordered and decreed that GUY D. HUBER MARIE E. HUBER plaintiff, and GUY D. HUBER ,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.") None. By the Court, r ~ ~~ ~ ~~~ ~i ~ ~~~ ~ 1f, ~, ~© ~la~-