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HomeMy WebLinkAbout06-3034 JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32ND Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for TINA HENCH, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C11 . U, JOHN HENCH, : CIVIL ACTION - LAW 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 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, Room 101, Cumberland County Courthouse, 1 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 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for TINA HENCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN HENCH, Defendant NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambi6n ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimoni, usted puede solicitar consejo matrimonial. Una lists de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 TINA HENCH, Plaintiff V. JOHN HENCH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04. - J03Y CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff is Tina Hench, an adult individual who currently resides in Cumberland County, Pennsylvania. Her mailing address is c/o Joanne Harrison Clough, Esq., 24 N. 32nd Street, Camp Hill, PA, 17011. 2. Defendant is John Hench, an adult individual who currently resides at 1482 Center Rd., Newville, Cumberland County, Pennsylvania, 17241 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. The Plaintiff and Defendant were married on August 14, 1983, in Bloserville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are no minor children of this marriage. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (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. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Date: (; , -Z' 2 ' 0 w Respectfully submitted, JOANNE HARRISON PC Joanne Rarrison Clough, Attorney ID No.: 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff VERIFICATION I,TINA HENCH, 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. Date: 5 o2.oZ.? d (p (?? A HENCH rTJ ? 1 O c? r^ V l C? c-' m g.. ? ` ev ,?,n (O:Z-? TINA HENCH, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. JOHN HENCH, CIVIL ACTION -LAW Defendant IN DIVORCE PETITION FOR EMERGENCY RELIEF TO REINSTATE WIFE ON HUSBAND'S HEALTH INSURANCE PURSUANT TO PENNSYLVANIA DIVORCE CODE SECTION 3502 (d) AND NOW, this 10TH day of July, 2007, comes the Petitioner Tina Hench by and through her attorney, Joanne Harrison Clough, Esquire, and respectfully files this Petition for Emergency Relief to Reinstate her on husband's health insurance and in support thereof avers as follows: 1. Petitioner/Plaintiff Tina Hench is an adult individual who currently resides at 11 Park Street, Mount Holly Springs, Cumberland County, PA 17065. She filed the instant Divorce Action on May 25, 2006 2. Respondent John Hench is an adult individual who currently resides at 1482 Center Road, Newville, Cumberland County, PA 17241. 3. At the time of the filing of the Divorce Action John Hench provided health insurance for his wife Tina through his employment with WSI Harrisburg Hauling where he is employed as a manager. 4. Petitioner wife has been covered by said insurance for at least the past five (5) calendar years. 5. On or about July 4, 2007, Respondent John Hench contacted Petitioner Tina Hench by telephone and advised her that as of Monday, July 2, 2007, he had removed her from his health insurance coverage through his employer without any prior notice to Petitioner. 6. Petitioner Tina Hench is currently undergoing medical treatment and counseling services which were covered by said health insurance and she has no health insurance of her own and health insurance is not available to her at a reasonable cost. 7. Petitioner Tina Hench is of the belief and therefore avers that John Hench dropped her from his health insurance through his employment for spite without any prior notice to her causing her to suffer immediate harm in that she does not have sufficient assets or income to pay for all of her medical and counseling needs without the benefit of said insurance. 8. Section 3502, subparagraph d, specifically provides that during the course of a Divorce Action: "the Court may direct the continued maintenance and beneficiary designation of existing policies insuring the life or health of either party which were originally purchased during the marriage and owned by or within the effective control of either party". 9. The health insurance coverage Petitioner had through Respondent husband's employment, Capital Blue Cross through Northeast Waste Services and also provided in addition to major medical, Delta Dental, NVA Vision, and ESIRX prescription coverage. 10. Since July 2, 2007, Petitioner is of the belief as directly informed by Respondent, that she no longer has any health insurance coverage through Capital Blue Cross, Delta Dental, NVA Vision or ESIRX prescription, and she needs to have said health insurance benefits immediately reinstated. WHEREFORE, Petitioner Tina Hench respectfully requests this Honorable Court pursuant to Section 3502 (d) of the Pennsylvania Divorce Code, issue an Order immediately directing Respondent husband John Hench to reinstate Tina Hench's health insurance coverage with Capital Blue Cross, Delta Dental, NVA Vision, and ESIRX prescription program and grant any further relief this Court deems appropriate. Dated: ?-7-17 d) Respectfully Submitted, JOANNE HARRISON CLOUGH, PC 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for the V4A- ,?' VERIFICATION I, . hereby verify and state that the facts set forth in the foregoing Idt a 4 pleading 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. Section 4904 relating to unsworn verification to authorities. DATE: 7-10-0-7 6,v' ?)- , . 'a I Tina Hench r-, C3 ? _-=; -n -T, i` ??: ;?1 r,T - ? r -Ya ?-=. v (? _ e"" Y C:_, 1? , ?- T ? ._ _i TINA HENCH, Plaintiff V. JOHN HENCH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0(0-.303q Ci vi i Term CIVIL ACTION -LAW IN DIVORCE AMENDED PETITION FOR EMERGENCY RELIEF TO REINSTATE WIFE ON HUSBAND'S HEALTH INSURANCE PURSUANT TO PENNSYLVANIA DIVORCE CODE SECTION 3502 (d) AND NOW, this 11 TH day of July, 2007, comes the Petitioner Tina Hench by and through her attorney, Joanne Harrison Clough, Esquire, and respectfully files this Petition for Emergency Relief to Reinstate her on husband's health insurance and in support thereof avers as follows: 1. Petitioner/Plaintiff Tina Hench is an adult individual who currently resides at 11 Park Street, Mount Holly Springs, Cumberland County, PA 17065. She filed the instant Divorce Action on May 25, 2006 2. Respondent John Hench is an adult individual who currently resides at 1482 Center Road, Newville, Cumberland County, PA 17241. 3. At the time of the filing of the Divorce Action John Hench provided health insurance for his wife Tina through his employment with WSI Harrisburg Hauling where he is employed as a manager. 4. Petitioner wife has been covered by said insurance for at least the past five (5) calendar years. 5. On or about July 4, 2007, Respondent John Hench contacted Petitioner Tina Hench by telephone and advised her that as of Monday, July 2, 2007, he had removed her from his health insurance coverage through his employer without any prior notice to Petitioner. 6. Petitioner Tina Hench is currently undergoing medical treatment and counseling services which were covered by said health insurance and she has no health insurance of her own and health insurance is not available to her at a reasonable cost. 7. Petitioner Tina Hench is of the belief and therefore avers that John Hench dropped her from his health insurance through his employment for spite without any prior notice to her causing her to suffer immediate harm in that she does not have sufficient assets or income to pay for all of her medical and counseling needs without the benefit of said insurance. 8. Section 3502, subparagraph d, specifically provides that during the course of a Divorce Action: "the Court may direct the continued maintenance and beneficiary designation of existing policies insuring the life or health of either party which were originally purchased during the marriage and owned by or within the effective control of either party". 9. The health insurance coverage Petitioner had through Respondent husband's employment, Capital Blue Cross through Northeast Waste Services and also provided in addition to major medical, Delta Dental, NVA Vision, and ESIRX prescription coverage. 10. Since July 2, 2007, Petitioner is of the belief as directly informed by Respondent, that she no longer has any health insurance coverage through Capital Blue Cross, Delta Dental, NVA Vision or ESIRX prescription, and she needs to have said health insurance benefits immediately reinstated. 11. The Respondent does not concur with this Motion, although legal counsel that he consulted advised Petitioner's counsel late July 10, 2007 that Respondent indicated he would try to have Petitioner's health insurance reinstated through his employer. 12. This matter has not been previously assigned to a Judge. WHEREFORE, Petitioner Tina Hench respectfully requests this Honorable Court pursuant to Section 3502 (d) of the Pennsylvania Divorce Code, issue an Order immediately directing Respondent husband John Hench to reinstate Tina Hench's health insurance coverage with Capital Blue Cross, Delta Dental, NVA Vision, and ESIRX prescription program and grant any further relief this Court deems appropriate. Respectfully Submitted, JOANNE HARRISON CLOUGH, PC Dated: 7^11 - 0 Attorney I.D. No. 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for the Petitioner CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the Petition for Emergency Relief to Reinstate Wife on Husband's Health Insurance Pursuant to Pennsylvania Divorce Code Section 3502 (d) and the Amended Petition for Emergency Relief to Reinstate Wife on Husband's Health Insurance Pursuant to Pennsylvania Divorce Code Section 3502 (d) by United States First Class Mail to the following individual set forth below: John Hench 1482 Center Road Newville, PA 17241 Date: l - Joann'e-H&rison Cloug Attorney ID No. 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant t ? Q (S t TINA HENCH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3034 CIVIL TERM JOHN HENCH, : CIVIL ACTION Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, John Hench acknowledge that I received a true and correct copy of a time stamped Complaint in Divorce filed on May 25, 2006 in the above captioned action by first class mail on the day June 2006. Date: -7/10/,96 Jo Hench c , a , - 1 V TINA HENCH, Plaintiff JOHN HENCH, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0(o - 3034 Cjv% t Tern CIVIL ACTION -LAW IN DIVORCE RULE TO SHOW CAUSE 1(010% day of 1%) 2007, upon review of the attached Amended Petition for Emergency Relief to Reinstate Petitioner Wife's Health Insurance Benefits, a Rule is hereby issued against Respondent John Hench to show cause, if any, why said Petition should not be granted and why John Hench should not be ordered to immediately reinstate Tina Hench's health insurance coverage with Capital Blue Cross, Delta Dental, and NVA Vision, and ESIRX prescription program health plan provided to him through his employer and through Northeast Waste Services. Rule returnable within It days of date of service. BY THE COURT: a?. f tr?f t-An o I 1.".x g 1 SCIC Z? mHl G or _? iv r TINA HENCH, Plaintiff V. JOHN HENCH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3034 CIVIL ACTION -LAW IN DIVORCE MOTION FOR APPOINTMENT OF SPECIAL MASTER Plaintiff, Tina Hench, moves the Court to appoint a Special Master with respect to the following claims: ( X ) Divorce ( X ) Equitable Distribution of Property ( ) Annulment ( ) Support ( ) Alimony (X ) Counsel Fees ( ) Alimony Pendente Lite (X ) Costs and Expenses (1) Discovery is complete as to the claims for which the appointment of a master is requested. Discovery was served on Defendant in November of 2007. Answers should be provided prior to Pre-Trial Conference. (2) The Defendant has not appeared in the action by his attorney, but has been represented to date by Marylou Matas, Esquire. (3) The statutory grounds for divorce are irretrievable breakdown (3301 [c]). (4) The action is contested with respect to the following claims: equitable distribution, counsel fees, costs and expenses. (5) The action does not involve complex issues of law or fact. 1 ' (6) The hearing is expected to take one (1) day. (7) Additional information, if any, relevant to the motion: None. (8) Name of other attorney: Marylou Matas, Esquire 26 W. High Street Carlisle, PA 17013 NJ Jo e Harrison ough, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Tina Hench DATED: OF Tl.= ?I1ARY 2004 JAL -5 P1,1 2: "3, J CUM PB NSYCANIA ? •% JUL 0 7 20094 TINA HENCH, Plaintiff V. JOHN HENCH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3034 CIVIL ACTION -LAW IN DIVORCE ORDER APPOINTING SPECIAL MASTER AND NOW, this day of , 2009, Esquire, is appointed Special Master with respect to the following claims: RewM-aVe___- BYTHECOU !}` K CA J. FILEC?,-+'-,,w. v-c OF f'-lL j1ARY 2009 J' PM 3. 55 r ? N rya' 7/7?og" aeon?csmSiCsr.?,?j JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff TINA HENCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3034 Civil Term JOHN HENCH, CIVIL ACTION - LAW 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 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, Room 101, Cumberland County Courthouse, 1 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 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff TINA HENCH, Plaintiff V. JOHN HENCH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3034 Civil Term CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las' quejas expuestas en las paginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimoni, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 TINA HENCH, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3034 Civil Term JOHN HENCH, CIVIL ACTION -LAW Defendant IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(c), 3301 (a) (a6) OF THE DIVORCE CODE 1. Plaintiff is Tina Hench, an adult individual who currently resides at 11 Park Street, Mount Holly Springs, Pennsylvania. Her mailing address is c/o Joanne Harrison Clough, Esq., 24 N. 32nd Street, Camp Hill, PA, 17011. 2. Defendant is John Hench, an adult individual who currently resides at 1482 Center Rd., Newville, Cumberland County, Pennsylvania, 17241. 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. The Plaintiff and Defendant were married on August 14, 1983, in Bloserville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are no minor children of this marriage. 8. The marriage is irretrievably broken or in the alternative. a. During the parties marriage the Defendant John Hench has offered such indignities to the innocent and injured spouse such as to render her condition intolerable and life burdensome. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (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. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during their marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. COUNT III COUNSEL FEES, COSTS AND EXPENSES 15. The averments contained in Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. By reason of this action, Plaintiff Tina Hench has incurred considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 17. The Plaintiff Tina Hench is without sufficient funds to support herself and to meet the costs and expenses of this litigation. 18. Plaintiff Tina Hench's income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation and she is unable to appropriately maintain herself during the pendency of this action. 19. Defendant John Hench has adequate earnings to provide for the Plaintiff Tina Hench's support and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt, and an Order awarding her counsel fees, expenses and costs in her favor, and enter a decree of divorce pursuant to Section 3301(c), 3301 (a) or (a6) of the Divorce Code. Respectfully submitted, JOANNE HARRISON QLOUGH, PC Date: I - ? a - (l Joanne narrison Clough, Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff VERIFICATION , I, • h hereby verify and state that the facts set forth in the foregoing pleading 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. Section 4904 relating to unsworn verification to authorities. ' DATE: -7-10-01 Tina Hench OF THE i, 09 JUL 17 F1 i i : f j O"r $5A.00 Po A TII M* a(o(a eT* aas t4c.o TINA HENCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A V. NO. 2006-3034 CIVIL TERM C "- - ? JOHN HENCH, CIVIL ACTION - LAW r_ rt? r r } Qf.c• y, '17 ? 7l- Defendant IN DIVORCE PETITION OF S COUNSEL c.,, --:5 m FOR LEAVE TO WITHDRAW FLOWER & LINDSAY erro??seruw 26 West High Street Carlisle, PA Now comes the Petitioner, Marylou Matas, Esquire and the law firm of Saidis, Flower and Lindsay and files this Petition to Withdraw and in support thereof avers as follows: 1. Your Petitioner is Marylou Matas, Esquire, counsel of record for John Hench, Defendant in the above referenced Divorce action. 2. The action was filed on May 26, 2006, and Petitioner or Petitioner's law firm, after consultation with Defendant, has been representing Defendant on his behalf since that time. 3. In August, 2009 after consultation with Defendant, the Petitioner responded to a request for settlement by Plaintiff's counsel. 4. Since that date, Petitioner forwarded numerous letters and requests from Plaintiff's counsel to Defendant, with requests for contact, but had no meaningful response. 5. Plaintiff's counsel has threatened to list the case for trial with the Master and Petitioner will be unable to prepare a defense to the action without the availability of the Defendant. 6. Petitioner's continued representation of Defendant has been rendered unreasonably difficult by virtue of the client's unavailability and good cause exists therefore under Rule 1.16(c)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal of appearance in the case. 7. Despite a Fee Agreement requiring payment by Defendant for Petitioner's services on an hourly basis and the submission of bills to the Defendant, Petitioner has received no fee on a regular basis from the Defendant for representing him in this action. 8. The continued representation of Defendant without payment of Petitioner's fees or prospect of such payment has resulted in and will further result in unreasonable financial burden on Petitioner and good cause exists therefore under Rule 1.16(c)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. -V Ppr J,l' 10f 4, Gc 1 9. There is no pending hearing in this matter. 10. Counsel for the Plaintiff HAS been consulted and HAS no objection to Petitioner's withdrawal from this case at this time. WHEREFORE, Petitioner requests that this Court grant Petitioner leave to withdraw her appearance for Defendant in this action. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Maryl , Esq. ID No. 849 9 26 West Hig Street Carlisle, PA 17013 (717) 243-6222 Petitioner and Attorney for Defendant FLOWER & KIDS" nno?xs.,n:uw 26 West High Street Carlisle, PA TINA HENCH, Plaintiff v. JOHN HENCH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3034 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Marylou Matas, Esquire, hereby verify that the information contained in the foregoing Petition is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. d ? Date MARYLO TAS, Esquire FLOWER & LINDSAY .+noID&s.?ruw 26 West High Street Carlisle, PA TINA HENCH, Plaintiff V. JOHN HENCH, Defendant AND NOW, this RU V day of hereby certify that I have served the via United States first class mail, add John Hench 1482 Center Road Newville, PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-3034 CIVIL TERM Cl IL ACTION - LAW IN IVORCE ,(), 2010, I, Marylou Matas, Esquire, do ng Petition by mailing a true and correct copy as follows: Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Ma s, Esquire 26 West ` ig Street Carlisle, P 7013 (717) 243-6222 Petitioner and Counsel for Defendant SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA TINA HENCH, V. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA JOHN HENCH, DEFENDANT NO. 06-3034 CIVIL : CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 20th day of April, 2010, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. Counsel for Plaintiff has been contacted and has no objection to Petitioner's request. 3. The Defendant will file an answer on or before May 11, 2010; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is needed. 5. The Prothonotary is directed to forward said Answer to this Court. By the Court, ? Marylou Matas, Esquire Petitioner Joanne Harrison Clough, Esquire Attorney for Plaintiff ohn Hench, Defendant bas C,0-P%-ex Alla - `k-? bjl?\ - M. L. Ebert, Jr., J. n ? ? - o ? R) Z+ Gr t_ ?? y 33P C J E5 C TINA HENCH, V. JOHN HENCH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3034 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE J. Ebert PETITION OF PLAINTIFF'S COUNSEL FOR LEAVE TO WITHDRAW r, c C= C:) zrn rn? Z? r 'at'r'i as N o ? =a s z.. n w CD --?M Now comes the Petitioner, Marylou Matas, Esquire and the law firm of Saidis Sullivan Law and files this Petition to Withdraw and in support thereof avers as follows: Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 1. Your Petitioner is Marylou Matas, Esquire, counsel of record for John Hench, Defendant in the above referenced Divorce action. 2. The action was filed on May 26, 2006, and Petitioner or Petitioner's law firm, after consultation with Defendant, has been representing Defendant on his behalf since that time. 3. In August, 2009 after consultation with Defendant, the Petitioner responded to a request for settlement by Plaintiff's counsel. 4. Since that date, Petitioner forwarded numerous letters and requests from Plaintiff's counsel to Defendant, with requests for contact, but had no meaningful response. 5. Plaintiff's counsel has threatened to list the case for trial with the Master and Petitioner will be unable to prepare a defense to the action without the availability of the Defendant. 6. Petitioner's continued representation of Defendant has been rendered unreasonably difficult by virtue of the client's unavailability and good cause exists therefore under Rule 1.16(c)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal of appearance in the case. 7. Despite a Fee Agreement requiring payment by Defendant for Petitioner's services on an hourly basis and the submission of bills to the Defendant, Petitioner has received no fee on a regular basis from the Defendant for representing him in this action. Plaintiff Defendant ¦ 8. The continued representation of Defendant without payment of Petitioner's fees or prospect of such payment has resulted in and will further result in unreasonable financial burden on Petitioner and good cause exists therefore under Rule 1.16(c)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 9. There is no pending hearing in this matter. 10. Counsel for the Plaintiff has been consulted and has no objection to Petitioner's withdrawal from this case at this time. WHEREFORE, Petitioner requests that this Court grant Petitioner leave to withdraw her appearance for Defendant in this action. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS r Marylo a Esq. ID No. 849 26 West High Street Carlisle, PA 17013 (717) 243-6222 Petitioner and Attorney for Defendant Law Offices of Sa idis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 TINA HENCH, Plaintiff V. JOHN HENCH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3034 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE J. Ebert VERIFICATION I, Marylou Matas, Esquire, hereby verify that the information contained in the foregoing Petition is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 relating to unsworn falsification to authorities. Date ?/ ?' Zu ( MARYLO AS, Esquire TINA HENCH, Plaintiff V. JOHN HENCH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3034 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE J. Ebert CERTIFICATE OF SERVICE AND NOW, this !I day of 14 , 2011, I, Marylou Matas, Esquire, do hereby certify that I have served the foregoing Petition by mailing a true and correct copy via United States first class mail, addressed as follows: John Hench 1482 Center Road Newville, PA 17241 Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Marylo" a Esquire 26 West HI treet Carlisle, PA 17013 (717) 243-6222 Petitioner and Counsel for Defendant Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 r FILED-OFFICE [IF THE PROTHONOTARY 2011 APR -7 PM 3: 50 CUMBERLAND COU'UTY PENNSYLVANIA TINA HENCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-3034 CIVIL TERM JOHN HENCH, CIVIL ACTION - LAW Defendant IN DIVORCE J. Ebert AFFIDAVIT OF SERVICE Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on April 4, 2011, she served a true and correct copy of the Rule and Petition to Withdraw as Counsel upon Joanne Harrison Clough, Esquire, by mailing those documents to the her address at 3820 Market Street, Camp Hill, PA 17011, by Certified U.S. Mail, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient her agent, Connie Lee Limric. Respectfully submitted, Dated: I / 61 / Zb I I SAIDIS, SULLIVAN & ROGERS Mar?iou( tas, Esquire ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant TINA HENCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-3034 CIVIL TERM JOHN HENCH, CIVIL ACTION - LAW Defendant IN DIVORCE J. Ebert ¦ Oompiets ftems 1, 2. and 3. ALSO complete ftsm 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 back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Joanne Harrison Clough, Esq. 3820 Market Street Camp Hill, PA 17011 A. Signet ? Ag" x a Addo B. ved by (printed ) C. Date of s D. is delivery address different from Rem 17 e3 If YES, enter delivery address below: No 3. Service TYPO Mail ? Express Mail 0 ed ? Rstum Receipt for Merciwrdbe ® Sins ? Mall ? C.O.D. stricted DeUvery? P ft Fee) E3 Yes 4. Re 2. ArWe Number 7008 1300 0000 7571 2742 (Beans ftm servke Iabel) - PS Form 3811, February 2004 Domestic Return Receipt 102595-024A-IM FILED-OFFICE OF THE PROTHONOTARY 1011 APR -7 PM 3: 51 CUMBERLAND COUNTY PENNSYLVANIA TINA HENCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-3034 CIVIL TERM JOHN HENCH, CIVIL ACTION - LAW Defendant IN DIVORCE : J. Ebert AFFIDAVIT OF SERVICE Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on April 5, 2011, she served a true and correct copy of the Rule and Petition to Withdraw as Counsel upon Defendant, John Hench, by mailing those documents to the him address at 1482 Center Road, Newville, PA 17241, by Certified U.S. Mail, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, John Hench. Dated: 4' (Q / Zy 1 ! Respectfully submitted, SAIDIS, SULLIVAN & ROGERS lrlw.? le?4zr MarKu NfNps, Esquire I D No. 849 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant TINA HENCH, Plaintiff V. JOHN HENCH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3034 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE J. Ebert ¦ Complete Rents 1, 2, and 3. Also complete ibm 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 back of the mailpiece, or on the frond If space permits. 1. Article Addressed to: 1 0 John Hench ,y 1482 Center Road Newville PA 17241 A. M// 13 Agent X ? Addrease :! ) C. Date of Delivery B. "77 D. Is delivery address difrererd from Item 17 ? Yes If YES, enter delivery address below: ® No 41' 3. Service type 7j R3 Certifled Mail ? Express Mail ?) i /? M D Registered ? Retum Receipt for Merchandbe ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7008 1300 0000 7571 2759 (fhnsfer from seMce label) PS Form 3811, February 2004 Domestic Retum Receipt 102595-024A-1540 TINA HENCH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-3034 CIVIL TERM JOHN HENCH, CIVIL ACTION - LAW Defendant IN DIVORCE J. Ebert ORDER OF COURT Law Offices of Sa.idis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 rh AND NOW, this 5 day of May, 2011, upon presentation of the attached Motion Make the Rule Absolute, Marylou Matas, Esquire and the law firm of Saidis, Sullivan & Rog( is permitted to withdraw as counsel for Defendant, John Hench. I Distribution: John Hench, 1482 Center Road, Newville, PA 17421 ?Joanne H. Clough, Esq., 3820 Market Street, Camp Hill, PA 17011 ?/Marylou Matas, Esq., 26 West High Street, Carlisle, PA 17013 00pies Mated 5/,6/ if 0 r,a f7) 1- 0 rr? CI} ' rr, J11 I :D t V .... w 01 -wj -' BY THE COURT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: TINA BENCH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 06-3034 11 JOHN BENCH, CIVIL ACTION-LAW fir= Defendant IN DIVORCE ch MOTION FOR APPOINTMENT OF MASTER o� Tina Hench, Plaintiff,moves the court to appoint a master with respect to the .. claims: (x) Divorce (x) Equitable Distributibn'ofproperty ( ) Annulment (x) Costs and Expenses ( ) Alimony; (x) Counsel fees; ( ) Alimony Pendente Lite and in support of the motion states: 1. Discovery is complete as to the claim(s)for which the appointment of master is requested. 2. The Defendant has appeared in the action by his attorney,Joanne Harrison Clough,Esquire 3. The statutory ground(s)for divorce is irretrievable breakdown. 4. The action is contested with respect to the following claims: Equitable Distribution of Property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take'/s day. 7. Additional information,if any,relevant to the Motion: No Date: 3 Joanne ou ,Esqu Attorney or Plaintiff Tina Hench AND Now, , 2013 E. Robert Elicker, H, Esquire is appointed Master with respect t the following claims: _ Divorce and Equitable Distribution Counsel Fees Costs and Expenses c� iii Q BY THE COURT: C)J J. C.1 <>- taJ� -=:z - o- Uj 2: COW J. CERTIFICATE OF SERVICE I, Connie Lee, Limric, secretary to Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: Counsel for John Hench Gregory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, PA 17055 Dater Connie Lee muic, retary for Joanne Harrison Clough, Esquire Attorney ID No. 36461 3820 Market Street Camp Hill,PA 17011 (717)737-5890 Attorney for Plaintiff