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HomeMy WebLinkAbout09-6541Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclayaa.dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HERB, Plaintiff V. DAVID A. HERB, Defendant No. OA - (v541 O l.4 1 're, r% CIVIL ACTION - LAW (In Divorce) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DALEY ZUCKER MmuoN ;uprermnye & GINGRI ,LLC (;7 Date: 2q By: ` AAJ .-AC I I V I Gin M laY, Esquire Co # 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 Attorneys for Plaintiff Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HERB, Plaintiff V. DAVID A. HERB, Defendant No. CIVIL ACTION - LAW (In Divorce) COMPLAINT UNDER & 3301(c) OR & 3301(d) OF THE DIVORCE CODE Count I - Divorce 1. Plaintiff is Nicole A. Herb, who currently resides at 320 Franklin Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is David A. Herb, who currently resides at 3 Colton Drive, Shippensburg, Cumberland County, Pennsylvania. 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 June 19, 1998, in Ocho Rios, Jamaica. 5. Two children were born of this marriage, namely: Noelle Kathryn Herb, whose date of birth is December 31, 2005 and Madisyn Taylor Herb, whose date of birth is July 31, 2007. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The parties have been advised of the availability of marriage counseling and their ability to request that the Court require the parties to participate in counseling. They have been further advised that they can obtain a list of counselors from the Cumberland County Prothonotary's Office. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiff's Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. Neither Plaintiff nor Defendant is a member of the Armed Services of the United States or any of its Allies. 9. The cause(s) of action and section(s) of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file and Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about June 6, 2009. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant from the bonds of matrimony. Count II - Equitable Distribution 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage which property is subject to equitable distribution by the Court. 12. The parties may enter into a written agreement with regard to support, alimony and property division. In the event that such an agreement is executed by the parties, Plaintiff desires that the agreement be approved by the Court and that said agreement be incorporated, but not merged, in any Divorce Decree which may be entered dissolving the marriage between the parties. WHEREFORE, Plaintiff requests this Honorable Court equitably divide all martial property. Respectfully submitted, DALEY ZUCKER MEELTON MINER & GINGRICH, LLC Date: A 0 By: I ay Gin M ay, Esquir Supreme Co # 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 Attorneys for Plaintiff Exhibit "A" AFFIDAVIT I, Nicole A. Herb, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. Dated: I -2-i - y ? %'?' A- N Nicole A. Herb, Plaintiff' VERIFICATION I, Nicole A. Herb, verify that the statements made in this Complaint 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. Section 4904, relating to unworn falsification to authorities. Dated: qu a qLt- Nicole A. Herb, Plaintiff -r 1U9 SEP 30 PM 1: 1 CLUBERL44D 0OUNtY -* Z&4 .!So RD ATr-Y Cry 31118 d31a'?5 .1 Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717)657-4795 lmaclay~u,dzmmplaw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HERB, Plaintiff No. 2009-6541 CIVIL ACTION -LAW DAVID A. HERB, Defendant (In Divorce) 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~' day of October, 2009, I did serve upon David A. Herb, Defendant in the foregoing case, a true and correct certified copy of the Divorce 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. The original Return Receipt is attached hereto as Exhibit "A". Sworn to and subscribed before me this DALEY ZUCKER MEILTON 7~ ~ M ER & LING cx, LLC y of Q 7 ~~ , 2009 By: r i say m ich aclay, E uire Attorney . No. 87954 1029 Scenery Drive Harrisburg, PA 17109 OOMMONWFALTHOFPENNSYI,vAxtA (717) 657-4795 NOTARIAL SEAL Gloria M Rine, Notary Public Lower Paxton Township, Dauphin County commission ex fires November 15, 2011 Exhibit "A" .~ u~ • ~ ~ ° - o ,, . . ..- . ti a Q" m Posre~e $ p 1 ; : . 1:~~, 0 CerfifiedFee Z. V ~`~ G; ~ ~'3 o ~ Return Receipt Fee 2 6 ~ _ (Endorsement Required) r ~J 0 Restricted Delivery Fee /~ 5 ~ s. ~~ l7" (Endorsement Required) ~ V r,,,~ t_._. e_W__ e ~~~~ Q ~ ~ . 9 `. _ ~=~ 0 0 I ^ Complete llama 1, 2, and 3. Also complete Itsrn 4 ff Restricted Delivery is desired. ^ Print your name and address on the rev so that we can return the card to you. ^ Attach this card to the back of the mail ' or on the front ff space permits. 1. Article Addressed to: M r.1~~1~ ~. ~-•evb ~ 3Colton D~iVe S h ~ ~p P,~1,s bv~' ~ ~~ 1~25~ ^^ Addi.as.. B. Received by (PriM~d Name) ' D ~ O tJ~*l'r_ 0 D. Is delivery address diBerent from item 11 es If YES, enter delivery address below: ^ No 3. Service 7yrpe ~ Certlfled Mail O Express Mail ~ Registered O Return Receipt for Merdfarrdiss D Insured Mail f7 C.O.D. 4. Restricted Deliver~R (Extra Fee) Y~ z• "~N°'nb~ 7304 2890 ^0~1 3911 235 (-)an~-aam,nvraaap --- PS Form 3811, Fabnrry 2004 Dorrtaatic Ratum Receipt ~o25s5-o2~isa IMNJ$)STbTES ~ ~POSA'1L~SEilVl~CE• Certificate Of W ° ° 3 ~ o ~ N This Certificate of Mailing provides evidence that mail has been presented to U SPSt I ~ m ~ ~ This for u ed o d o/m~estic and lntematlonal mail. y/b (m1m ~a ^e ps y~f r/~ ~, ~ ~ W A 1 f ' , y ~ ' \ ~ 1 From: }J [ LJ ~ I V I, V I /~ ~ / q Z ~ . //~~ V 2. ~ ~ ~\ y~ n U U oa r~~oq ,~ y~sbv~a ~ t ~ . . ~ t~ ~ ~~ l~ ~r ,n1 !/ r M 3 0 v ~s ~. N O Q O ° ~ ~ ~~ xd~ O L 7/r /j' PS Form 3817, April 2007 PSN 7530-02-000-9065 _ r a il.._.., r~, ^- Zti~9 U~' i~ i 3 i'ri 2~ 0 i Ali' Lindsay Gingrich Maclay, Esquire DALF,Y ;SUCKER MEILTON MINER & GINGRICH, LLC 635 North 12`h Street, Suite 101 Lemoyne, PA 17043 (7171724-9821 ] mac la~a'~,dzmmglaw.com r • ~ ~~, ~i ~~~, ,., ~`;~ ~'~',~r; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. NICOLE A. HERB, Plaintiff No. 2009-6541 (In Divorce) DAVIT) A. HERB, Defendant CIVIL ACTION -LAW (In Divorce) ADDENDUM TO THE PETITION FOR LEAVE TO WITHDRAW AS COUNSEL This Addendum filed by Lindsay Gingrich Maclay, Esquire, and Daley Zucker Menton Miner & Gingrich, LLC, respectfully represents: 1. Paragraphs 1- 5 of the October 10, 2012 Petition for Leave to Withdraw as Counsel are incorporated by reference as if set forth at length herein. 2. Pursuant to Local Rule 208.3(a)(2), no prior Judge has been assigned to the above-captioned matter. 3. In accordance with Local Rule 208.3(a)(9), on October 15, 2012, the undersigned's paralegal attempted to contact Defendant's counsel of record, Galen R. Waltz, Esquire. Galen R. Waltz, Esquire has since retired. James Robinson, Esquire, Attorney Waltz's former partner, spoke on behalf of Galen R. Waltz, F,squire indicating that they have no objection to filing of this Petition. WHEREFORE, Movants, Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meil.ton 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 Divorce matter. Respectfully Submitted, DALEY ZUCKER MEILTON MINER AND GINGRICH, LI_,C ~ ~.._ . Date: ~ 0 ~ ~ '~L-Z' By. ~ ,", 'n say Gi i h 1 y, Es 'ire ~~ ~tt rney I. No. 87954 635 North 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 VERIFICATION Upon my personal knowledge, information and belief, I, Lindsay Gingrich 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. X4904 relating to unsworn falsification to authorities. Date: ~U 20~- By: ~ ~ ~Li d 'ay Gin c , Esq i~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HERB, No. 2009-6541 (In Divorce) Plaintiff CIVIL ACTION -LAW DAVID A. HERB, Defendant (In Divorce) 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 2$ South Pitt Street Carlisle, PA 1.7013 David A. Herb 10 Imperial Court Carlisle, PA 17013 DALEY ZUCKER MEILTON MINER AND GINGRICH, LLC _) r' ~,,~% i Pamela S. Myers, Paralegal ~~~' 635 North 12~" Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 NICOLE A. HERB, Plaintiff V. 0 WWI` NkI, IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2009-06541 CIVIL TERM DAVID A. HERB, Defendant IN DIVORCE 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, Thoma A. Placey C.P.J. Distribution List: ? Lindsay Gingrich Maclay, Esq. 01 Suite 101 635 North 12th Street , Lemoyne, PA 17043 -? c, M!? ?Galen R. Waltz, Esq. cnD ? C) 28 South Pitt Street f s ° Carlisle, PA 17013 7-- C1 4 ? Nicole A. Herb 1719 Douglas Drive Carlisle, PA 17013 David A. Herb 10 Imperial Court Carlisle, PA 17013 &,d,' wa,leJ i%11/1-2 ~'S C3Se 1\ 0. ~~ tG:% t~~~ -- ----------_..__ p G. _ l ..~! ~ N r Statement of Intention to Proceed ~~~~~~ ~ r-" ~" ~C' C.1 :'~~ c : ~ :;z: c:> To the Court.: -'~:= ~~ ~~- _.3 W ~e 1(,_;1{, ~ _ N~-f b intends to proceed with the above caat~on~~mat~ ~. ~. r - nt'~arr e i -,I` ~;gr:''Jarr~e _ ~~vy~~-- "_ Dute: _-~~ -~~--~~~ Z Attorney for __ _ _ - _ Explanatory Co-nment Thy Suprerie Court of Pennsylvania has promulgated new Rule of Civi! Procedure 230.2 governing the ;ernunation of inactive cases and amended Rule of .iudicia; Administration 1901. Two aspects of the recommenc!auon merit comment. I ;:~~~le ~j~c:~~i? P;-~cedz~r~ Vew Ru e o?; Civil Procedure 230-2 has been promulgated to govern the terminatio~a of inactive cases ~~ithin the sa~pe <:~f t.l e Pennsylvania Rules of Civil Procedure. The termination of these cases for inactiv~t~° ~~a, previously gu~~erned by Rule of .iudicial Administratio^ 1901 and local rules promulgated pursuant to it. ?~~ew I~~~le 230.2 is tailored to 'he needs of civil actions. It provides a complete procedure and a uniform statewide practice. preempting lo::al rules. phis rule was promulgated in response to the decision of the Supreme Court in ShoF ~-. Eagle, »l Pa. 3,SG.~ (D A.2d 1104 (1998) in which the eom-C held that "prejudice to the defendant as a result of delay in prosecuti:~r is~ required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration i90 _" I;ule of -~'udic:al Administration 1901(b) has been amended to accommodate the new rule of ciyi' procedure. The Qenerai poky of the prompt disposition of matters set forth in subdivision (al of that rule continues to be <rppl~cable. Ii fnactive Cases the purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. ~'he prccess is :.~~~..,~.-c by the :o~.%rt. -after giving notice of intent to terminate an action for inactivity. the course of tht; procedure is w tI the parties. If 'he :parties do not wish to pursue the case, they will take no action and `'the Prothonotai~~ shall enter ur o:-der as of _ _ ~ ' o°,rse tei~r,mating the matter wttn prelua~ce rot rai;ute to prosecute. a a pm _~~ a-~snes to pursue the ~~:~;. ~~ or she ~tii; file z notice of intention to proceed and the action shall continue. a If`he!-e late action has been germinated If the ac~_ion is terminated when a party believes that it should not have been terminated, that pam~ mad ~oroceed u :ier Rule:?30(dj for relief from the order of termination. An example of such an occurrence might be. [:~e termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did ^~~t timely file thy: nonce of intention to proceed. ;'he timing of the filing of the petition to reinstate the action is important If the petition is filed within thin-, days of the entry of tl-~e order of termination on the docket. subdivision (dj(2) provides that the co~ur must grant the pe~~ition and reiratate the action. If the petition is filed later than the thirty-day period. subdivision (d)(3) requires that thr.- plaintiff must make a showing to the court that the petition was promptly fled and that there is a reasonable f:x~~lanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry o: the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivi~ icn (d)(2). B. WherF rile actiaa has not been terminated an action which has not been terminated but which continues upon the filing of a notice of intention re proceed may ha~~e beer, the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common l~ti non pros which exits independently of termination under Rule 2302- t '9 f f~ ~ ~~ w o -! c} ,.~ T; [~ ^7°f ~~ ~:.~ t-; , y= :r:~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICOLE A. HERB, Plaintiff V. DAVID A. HERB, Defendant No. 2009-6541 CIVIL ACTION - LAW (In Divorce) PRAECIPE TO THE PROTHONOTARY: C; C `r-a rn U0 M a )>? z© --i .-r ca c-: fV 0 z9• N co -- iz c; Vr. 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. Lindsay Gingrich Maclay, Esquire Attorney I.D. #87954 Quintina M. Laudermilch, Esquire Attorney I.D. #94664 635 North 12`" Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 CERTIFICATE OF SERVICE AND NOW, this 111q141 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 By; ?l Pamela S. Myers, Paralegal 635 N. 12`h Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821