The URL can be used to link to this page

Home My WebLink About09-6546Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay(a)dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HERB, Plaintiff No. Ll 9 j L l 6 Gam' V. CIVIL ACTION - LAW DAVID A. HERB, Defendant (In Custody) COMPLAINT FOR CUSTODY AND NOW, this 2,q"?0 '' day of , 2009, comes Plaintiff, Nicole A. Herb, by and through her attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and files the following Complaint for Custody and in support thereof avers as follows: 1. Plaintiff, Nicole A. Herb, an adult individual, who currently resides at 320 Franklin Street, Carlisle, Cumberland County, Pennsylvania, is the mother of two (2) minor children, namely, Noelle Kathryn Herb, whose date of birth is December 31, 2005 and Madisyn Taylor Herb, whose date of birth is July 31, 2007 (hereinafter referred to as the "Children"). 2. Defendant, David A. Herb (hereinafter "Father"), an adult individual, who currently resides at 3 Colton Drive, Shippensburg, Cumberland County, Pennsylvania, is the natural father of the Child. 3. Simultaneously herewith, Plaintiff, Nicole A. Herb (hereinafter "Mother"), is filing a Divorce Complaint. 4. The Children were born in wedlock. 5. Mother has been the primary custodian of the Children. 6. From birth to present, the children have resided with the following persons and at the following addresses: Name Address Dates Mother 320 Franklin Street 6/6/2009-present Carlisle, PA 17013 Father & Mother 3 Colton Drive 12/2006-6/6/2009 Noelle and Madisyn Shippensburg, PA 17257 Father & Mother 5 Ian Court 12/31/2005-12/2006 Noelle Shippensburg, PA 17257 6. Mother has no information of any other custody proceeding concerning the Children pending in any court of this Commonwealth. 7. Mother does not know of any other person not any party to the proceedings, besides those who have been notified by this Complaint, who has physical custody of the Children or claims to have custody or visitation rights with respect to the Children. 8. Each parent whose parental rights to the Children have not been terminated and the persons who have physical custody of the Children have been named as a party to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of the Children. 9. Mother desires that a parenting plan and custodial arrangement be memorialized as a Court Order granting her primary physical custody of the Children and granting Father periods of partial custody. 10. The Children's best interests and permanent welfare will be best served by granting the relief requested because: a) Mother has been the primary custodian of the Children; and b) Mother has a strong bond with the Children; and c) Mother has taken an active interest in and has actively participated in the Children's lives and activities; and d) Mother will provide the Children with a home with more than adequate moral, emotional and physical surroundings as required to meet their needs; and e) Mother continues to exercise parental duties and responsibilities and continues to enjoy the Children's love and affection; and f) Mother will foster a loving, meaningful relationship between Father and the Children. WHEREFORE, Plaintiff/Mother, Nicole A. Herb, respectfully requests this Honorable Court grant the parties shared legal custody of the Children and grant Mother primary physical custody of the Children with periods of partial custody to Father. Respectfully submitted, DALEY ZUCKER WILTON MINER & GINGRICH, LLC Date: m n By: f >? say Gin 1 M lay, sq ' e VVeme Co I.D. #87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff VERIFICATION I, Nicole A. Herb, verify that the statements made in this Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. OYLt, a 0" Nicole A. Herb, Plaintiff ra_- aw-mm vir 2a9 SEP 30 PM 1% 30 Ct &f MD QOUNi'Y * ILOS. 5o PD ATE Gc.? 3'7 f? '251 a5:2 1 NICOLE A. HERB IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-6546 CIVIL ACTION LAW DAVID A. HERB IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 07, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 11, 2009 at 1:00 PM 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent 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/ ohn . Man an r. Es q. . LA 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 FIL 2099 OCT -3 A' ill 1 ' V Capy pLk4ccc 1?j 1?4? J. Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclay@dzmmp-law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HERB, Plaintiff No. 2009-6546 CIVIL ACTION - LAW DAVID A. HERB, Defendant (In Custody) AFFIDAVIT OF SERVICE I, Lindsay Gingrich Maclay, Esquire, being duly sworn according to law, deposes and says that I am an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 8`I' day of October, 2009, I did serve upon David A. Herb, Defendant in the foregoing case, a true and correct certified copy of the Custody Complaint filed on September 30, 2009, by sending same to David A. Herb via certified mail, restricted delivery, return receipt requested to 3 Colton Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. A copy of the Return Receipt is attached hereto as Exhibit "A". Sworn to and subscribed before me this day of C D , 2009 By: ?r COMMONWEALTH OF PENNSYLVAMA NOTARIAL SEAL Gloria M Rine, Notary Public I My Lower Paxton Township, Dauphin County commission expires November 15, 2011 DALEY ZUCKER MEILTON iomAjeyD R & GINGRI H, LLC S i ac ay, Esq ' No. 7954 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Postal rn CERTIFIED ? C3 C3 (Domestic Mail Only; No Insuranc e Coverage Provided) ti FI CIA L U a E OF - - p M Postage $ CertfiedFee V Z ' EM ., Pc mark i E3 Return Receipt Fee i d R b equ re ) (Endorsement 0 Restricted Fee Delivery 5 t' Cft . (Endorsement Required) ? > f co \ E3 C3 r- 3 ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the revers so that we can return the card to you. ¦ Attach this card to the back of the mailpi or on the front if space permits. 1. Article Addressed to: MV. t)aviA ?b 3 Co lion D Yi ve s stirs A. X y ?Ir. 11 ? Address B. Received by (Pn Name) C Dale oVDelivt i\ ?rilV"k 1018109 D. Is delivery address different from Item 1? lu Yes If YES, enter delivery address below: ? No S I t ( p v' L? " ' g' ?? f 3. Service Type ? Certlfied Mail ? Express Mall ? Registered ? Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Exha Fee) Yes 2. Article Number 7004 2890 0001 3911 2005 (rransferfrom service label) - PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 MM UNITEDSTATEs POSTAL SERVKEs rot m& 00 Certificate Of 3 o been presented to USPSO C-0 0 ZOO U n V rrr??? oa N 04 t` m w tea. C/? 000 A. !? th W N O Q 1 • PS Foam 3817, April 2007 PSN 7530-02-000-9065 T! /y ^:r r i v `R?/ 7 ZJJ9 0C' 13 Pi1i `: 0 2 Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imac lay_A dzmm glaw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HERB, Plaintiff No. 2009-6546 CIVIL ACTION - LAW DAVID A. HERB, Defendant (In Custody) AFFIDAVIT OF SERVICE I, Lindsay Gingrich Maclay, Esquire, being duly sworn according to law, deposes and says that I am an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 10'h day of October, 2009, I did serve upon David A. Herb, Defendant in the foregoing case, a copy of the Custody Conciliation Scheduling Order scheduling a Custody Conciliation Conference for Wednesday, November 11, 2009 at 1:00 p.m. with Conciliator John Mangan at the Cumberland County Courthouse, by sending same to David A. Herb via certified mail, restricted delivery, return receipt requested to 3 Colton Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. The Return Receipt is attached hereto as Exhibit "A". Sworn to and subscribed before me this day of ae-d , 2009 By: COMMONWEALTH OF PENNSYLYAM L SEAL Gloria M Notary NOT7xpi n ip, Dauphin County Lower Paxto commission s November 15, 2011 DALEY ZUCKER MEILTON MINER & GINGRiCH, LLC /i - ihh , Attorney D. o. 87954 1029 Scerfer? Drive Harrisburg, PA 17109 (717) 657-4795 Exhibit "A" CERTIFIED MAIL,., REC (Domestic Mail Only, No Insurance C4 r-q , s "i p , r>7 Postage $ Q Certified Fee C3 Return Receipt Fee , uU (Endorsement Required) O Ir Restrkted DelNery Fee (Endor .t Required) rh J 77 CU ti Total Postage & Fees $ j C) .0 .? O a.; S E Postmark Here asr 7 \ VIlir9f? ? DAVID A. HERB ----- -t-- orPOlcILTON DRIVE ?'"ENSBEEtG, PA 17257 ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. David A. Herb 3 Colton Drive Shippensburg, PA 17257 Received by (Printed Name) =CD 2?Qb D. Is delivery address different from Item 1? ? of If YES, enter delivery address below: ? No 3. Serfs I Fit V' CU 19 ? gx ARG&Wpt T- for Merchandise E3 Irraured U 4. Restricted Del (Ekha Fea) ® Yes 2. Article Number 7004 2890 0 01 3 917 1701 (rnrrtsw from service Ir6sl - PS Form 3811, February 2004 Domsefic Return Receipt 102595.02-M-1540 r? 2Cu9 C, g,T 1 4 F i i?: A 9 r_:: ?? cu i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HERB, Plaintiff NO. 09- 6546 CIVIL TERM V. CIVIL ACTION - LAW DAVID A. HERB, Defendant (In Custody) ANSWER TO COMPLAINT FOR CUSTODY AND NOW, comes the Defendant, David A. Herb, by his attorney, Galen R. Waltz, and makes the following Answers to the Complaint for Custody: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. To the contrary, since the children have been born, the Father has been the primary custodian and caretaker of the Children. It is averred that it has only been since June 6, 2009 that Mother separated from Father that Mother assumed primary caregiver status and that status was based upon Mother's control of the custody situation and her desire to separate the Children from the Father as primary caregiver. 6. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. It is neither admitted nor denied as to what Mother's desire is; however, it is the Father who seeks a parenting plan and custodial arrangement be memorialized as a Court Order granting the Father primary physical custody of the Children and granting Mother periods of partial custody. 10. Denied and by way of further answer: a) Denied. It is specifically denied that Mother has been the primary custodian of the Children; to the contrary, the Father has been the caregiver and custodian of the Children since their birth until June 6, 2009. Upon separation between Mother and Father, the Mother in her controlling nature refused to provide the Children to the Father who is capable and has proven capable of caring for the Children since he is on disability. Furthermore, the Father made doctor appointments and took the kids a majority of the time to all their wellness check ups. b) It is neither admitted nor denied as to the type of bond that the Mother has with the Children; nevertheless the Father has a strong bond with the Children having cared for them in the mornings, during the day, and in the evenings since birth until June 6, 2009. c) Denied. It is denied that prior to June 6, 2009 that the mother has taken an active interest in and has actively participated in the Children's lives and activities to the extent to which she would have the Court believe; to the contrary it is the Father who actively changed the Children's diapers, fed them after awakening them and clothing them, entertaining them, reading to them, although it is admitted that Mother would bathe them, a substantial amount of the time and sometimes she would read to them, however, when the Children would wake up at night it would be the Father who would attend to them, change their diapers, provide them food and console the Children. d) Denied. It is denied that the Mother will provide the Children with a home with more than adequate moral, emotional and physical surroundings as required to meet their needs. It is averred that it is Mother who brings her dates home and the Children are compelled to witness this relationship knowing full well that the Mother and Father continue to be married. By means of further answer, it is averred that Mother is emotional in front of the Children and repeatedly uses fowl language and in fact, in the Summer of 2008, she struck Noelle with a plastic shoe creating a bruise in the middle of the Child's forehead. e) Denied. It is denied insofar as it is implied that Mother has always exercised parental duties and responsibilities and enjoyed the Children's love and affection; It is averred that, much of those duties and responsibilities were absent from the children's birth until June 6, 2009 and that Mother now exercises parental duties and responsibilities and may enjoy the Children's love and affection. Furthermore, it is the Father who has always exercised parental duties and responsibilities and who continues to enjoy the Children's love and affection. f) Denied. It is denied that Mother will foster a loving, meaningful relationship between Father and the Children. It is averred that evidence of that can be seen in Father's repeated requests to have the Children for overnight visits since June 6, 2009, the date of separation and mother's repeated denials and refusals. It is also averred that Mother steadfastly refuses, due to her controlling nature, to allow the Father and the Children to spend overnights but for most recently, when there were two (2) single overnight visits that were permitted by the Mother to occur. Wherefore, Defendant/Father, David Aaron Herb, respectfully requests this Honorable Court to grant the parties shared legal custody of the Children and Grant Father primary physical custody of the Children with periods of partial physical custody to the mother. Respectfully Submitted TURD LAW OFFICES WV/10 _ Date en R. Waltz, squi ID No. 39789 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Answer to Complaint for Custody are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unworn falsification to authorities. oV?Oc? Date David Aaron Herb CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Answer to Complaint for Custody, by certified, return receipt requested, restricted delivery postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the f? day of 2009, from Carlisle, Pennsylvania, addressed as follows: Lindsay Ginrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 TURO LAW OFFICES 1 sor en R. Waltz, E ire ID. No. 39789 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 FAX 717.245.2165 FlLE????="?Ct DNOTARY 2064 K'GV -4 PH 1: J5 NOV 16 2009-&t NICOLE A. HERB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-6546 CIVIL ACTION LAW DAVID A. HERB, IN CUSTODY Defendant ORDER OF COURT AND NOW this ?? day of November 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, David A. Herb, and the Mother, Nicole A. Herb, shall have shared legal custody of Noelle Kathryn Herb, born 12/31/2005 and Madisyn Taylor Herb, born 07/31/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of 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. 2. Physical Custody: Absent agreement otherwise, Mother and Father shall arrange physical custody of the Children on a repeating two week schedule as follows: a. In week one, commencing 11 /08/09, Father shall have physical custody of the Children from Sunday 7:30 pm until Wednesday after Mother gets off of work. Mother shall have physical custody of the Children from Wednesday after work until Saturday 7:30 pm. b. In week two, Father shall have physical custody of the Children from Saturday 7:30 pm until Wednesday when Mother is done with work. Mother shall then have custody from Wednesday after work until Sunday 7:30 pm. C. The parents shall continue to meet for the exchange locations as they have been as agreed. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 5. Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination, parties involved with the trip and a telephone number at which they can be reached during their vacation. 6. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in'the presence of the Children. 8. In the event of a medical emergency, the custodial parry shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. A conference is hereby scheduled for January 19, 2010 at 9:00 am at the Court of Common Pleas, Carlisle PA with the assigned conciliator. In the event the parties feel that the conference is not necessary, the parties shall contact the conciliator to cancel or reschedule. 11. This Order is entered pursuant to 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. By the Court, I)astribution: G len Waltz, Esquire n ay Gingrich Maclay, Esquire ohn J. Mangan, Esquire ITEs ?nal cc ft /( 8l 4' tZ1 1 HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1St Half From 9 am until 3 m Father Mother Easter Day 2n Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Day Mother Mother Thanksgiving 2n half From 2 pm on Thanksgiving Day to 8 m Thanksgiving Day Father Father Christmas Pt Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2n Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father NICOLE A. HERB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-6546 CIVIL ACTION LAW DAVID A. HERB, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Noelle Kathryn Herb 12/31/2005 Mother and Father Madisyn Taylor Herb 07/31/2007 Mother and Father 2. A Conciliation Conference was held with regard to this matter on November 11, 2009 with the following individuals in attendance: The Mother, Nicole Herb, with her counsel, Lindsay Gingrich Maclay, Esq. The Father, David Herb, with his counsel, Galen Waltz, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 1 ?ILc,`7 Date John gan, Esquir Custody Conciliator R'ra OF THE P,07 OIWW 2809 NOY 18 PM 3: 2 7 ~~ ~ ~ ~'~~~ 1,` ~~ Lindsay Gingrich Maclay, Esquire J `- DALEYZUCKERMEILTON ~ ~-+,~.;.~,i nr~•,~-,; MINER & GINGRICH, LLC - ~^ ~ ~ \~ ~ ' f'r i ;' 635 North 12'h Street, Suite 101 Lemoyne, PA 17043 (717)724-9821 Imacfayna,dzmm law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HERB, Plaintiff No. 2009-6546 ([n Custody DAVID A. HERB, Defendant CIVIL ACTION - LAVd (In Custody) ADDENDUM TO THE PETITION FOR LEAVE TO WITHDRAW AS COUNSEL This Addendum filed by Lindsay Gingrich Maclay, Esquire, and Daley Zucker Menton Miner & Gingrich, L,LC, respectfully represents: 1. Paragraphs 1- 5 of the October 10, 2012 Petition for Leave to Witl~ldraw as Counsel are incorporated by reference as if set forth at length herein. 2. According to Local Rule 208.3(a)(2), the Honorable .1. Wesley Oler, 3r. signed the parties' November 16, 2009 Custody Order which memorialized the parties' agreement at Conciliation. 3. In accordance with Local Rule 208.3(a)(9), on October 15, 2012, the undersigned's paralegal attempted to contact Defendant's counsel oi~ record, Galen R. Waltz, F,squire. James Robinson, Esquire, Attorney Waltz's former partner, advised that Attorney Waltz has since retired, and spoke on behalf of Galen R. Waltz, Esquire indicating that they have no objection to filing of this Petition. WHEREFORE, Movants, Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner and Gingrich, LLC, respectfully request this Honorable Court grant Movants' Leave to Withdraw as Counsel for Respondent, Nicole A. Herb, in the above- referenced Custody matter. Respectfully Submitted, DALEY ZUCKER MEIL,TON MINER AND GINGRICH, LL,C ,, ~ `~,~ ,. ~ ~ - Dater '~ ~ 01'li By: ~ "'--~ L' ay Gin is ay, Esqu~i -~~ ~ ~ttdrney I. No. 87954 ~' ~' 635 North 12t" Street, Suite 101 Lemoyne, PA 17043 (717} 724-9821 VERIFICATION Upon my personal knowledge, information and belief, I, Lindsay ~iingrich Maclay, 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 authorities. r~. Date: ~ 2= i /~ /L n say Gi ri y, E ire i, ~..i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HERB, Plaintiff No. 2009-6546 (ln Custody) CIVIL ACTION -LAW DAVID A. HERB, Defendant (In Custody) CERTIFICATE OF SERVICE ~ ~ ~~~ I, Pamela S. Myers, Paralegal, hereby certify that on this ___,~' _______ day of October, 2012, a copy of the Addendum to the Motion for Leave to Withdraw as Counsel was placed in the United States Mail, Postage pre-paid, addressed as follows: Ms. Nicole A. Herb 1719 Douglas Drive Carlisle, PA 17013 Galen R. Waltz, Esquire Turo Robinson 28 South Pitt Street Carlisle, PA 17013 David A. Herb 10 Imperial Court Carlisle, PA 17013 DALEY ZUCKER MEILTON MINER AND GINGRICH, LLC ~, 1 ,~ L f ' ` L.-s~ L' i ~ ~~'.../~ Y~ '-~- ----. ,~ Pamela S. Myers, Paralegal 635 North 12~' Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 NICOLE A. HERB, Plaintiff V. 0000 *"*4x4 000 NJ* IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2009-06546 CIVIL TERM DAVID A. HERB, Defendant IN CUSTODY IN RE: PETITION TO WITHDRAW AS COUNSEL ORDER OF COURT AND NOW, this 23rd day of October 2012, upon consideration of the Petition to Withdraw as Counsel, a Rule is issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. PETITIONER shall effectuate service of this Rule upon all interested parties. RULE RETURNABLE within 20 days from the date of service. BY THE COURT, Thom s A. Placey C.P.J. Distribution List: ? Lindsay Gingrich Maclay, Esq. 635 North 12th Street, Suite 101 Lemoyne, PA 17043 ? Galen R. Waltz, Esq. : 28 South Pitt Street r ma) o s -*r PA 17013 Carlisle x M c-.1 r=- , iCD a s -rt ,, 90 CD ? Nicole A. Herb 1719 Douglas Drive Carlisle, PA 17013 David A. Herb 10 Imperial Court Carlisle, PA 17013 /na,/ed IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HERB, Plaintiff No. 2009-6546 CIVIL ACTION - LAW (In Custody) V. DAVID A. HERB, Defendant TO THE PROTHONOTARY: PRAECIPE Zvi 7*c) •c? v 0 Pursuant to the Order entered by the Honorable Thomas A. Placey on December 12, 2012, granting leave for Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, to withdraw as counsel of record for the Plaintiff, Nicole A. Herb, kindly withdraw the appearance of Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, as counsel of record for the Plaintiff, Nicole A. Herb, in the above-captioned matter. Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: /G Lindsay Gingrich Maclay, Esquire Attorney I.D. #87954 Quintina M. Laudermilch, Esquire Attorney I.D. #94664 635 North 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 CERTIFICATE OF SERVICE AND NOW, this /1" day of 2012, I, Pamela S. Myers, Paralegal for Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Ms. Nicole A. Herb 1719 Douglas Drive Carlisle, PA 17013 David A. Herb 10 Imperial Court Carlisle, PA 17013 Galen R. Waltz, Esquire Turo Robinson 28 South Pitt Street Carlisle, PA 17013 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC `J 71 By: Pamela S. Myers, Paralegal 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821