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COURT OF COMMON
DOMESTIC RELATIONS
HAMILTON COUNTY,
MELISSA

HENDON DETERS

(xPRE-DECREE ( ) POST DECREE


.
() Chg. of Cust.
( ) Vis. Enforce/Mod.
PLEAS
DIV!SION
( ) Sup. Enforce/Mod.
OHIO

{)i Others

CASE NO. DR1302234

Plaintiff
JUDGE LEWIS
VS.
JOESPH THEODORE

MOTION TO STRIKE

DETERS

Defendant
Now comes Defendant,
strike Defendant's
memorandum

"Follow-Up

by and through counsel and hereby requests that this court


Affidavit" filed February

attached hereto and incorporated

11, 2014 for the reasons set forth in the

herein.

Plaintiff requests that the Court rule on

this motion without further hearing.

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oskowitz & MOSkOlt~


James H. Moskowitz
#0064190
Attorney for Plaintiff
2900 Carew Tower
4Ll1 Vine Street
Cincinnati, Ohio 45202
(513) 721-3111
(513) 721-3077 fax
jim@moskowitzlegal.com

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DI05191802

MEMORANDUM
Plaintiff filed a complaint
December
motion.

13, 2013, Defendant

for divorce and a 75(N) motion on November

Defendant

filed a document

entitled "Husband's

On

and a response to the 75(N)

filed his answer and counterclaim

Plaintiff filed a notice of service on February 4, 2014.

22, 2013.

On February 11, 2014,

Follow-Up Affidavit".

Civ. R. 75(N) provides for the filing of a motion and affidavit and a counter affidavit.
Thereafter,

the rule provides for the issuance of a temporary order.

for any additional


specifically

filings including,

but not limited to, a follow-up.

provides "The opposing

order to issue after submission

Both the Ohio Rules of Civil Procedure


Domestic

motion.

affidavits."

Finally, Local Rule 3.3 provides

of a "Notice of Service" (form 3.4)


and the Hamilton County Court of

Relations LOCal Rules are specific in the procedure

order pursuant to Civ.

In addition, Local Rule 3.1

party shall have 14 days from the date of service within

which to file a counter motion and the appropriate


for a temporary

The rule does not provide

to be used to obtain a temporary

R. 75(N). Neither allows a party to file a "follow-up" affidavit to a counter

In addition, the rules are also specific about the time within which Defendant

his response.

Defendant

could file

not only filed his affidavit outside of the 14 day limit, but a week after

Plaintiff filed a notice of service.

Therefore,

it was inappropriate

for Defendant to submit his

affidavit and it should be stricken.

~~~

oskOWitz&Modowit
, LLC
James H. Moskowitz
#0064190
Attorney for Plaintiff
2900 Carew Tower
441 Vine Street
Cincinnati, Ohio 45202
(513) 721-31'11
(513) 721-3077 fax
jim@moskowitzlegal.com

,
The undersigned

CERTIFICATE

OF SERVICE

hereby certifies that a copy of the foregoing

served upon Gregory L. Adams, Attorney for Defendant.

motion to strike was

by email this 12 day of February,

2014.

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MOSkoWitz
& osk
itz,
/
/

C
Ja es H. Moskowitz #0064190
Attorney for Plaintiff

COURT OF COMMON PLEAS


DIVISION OF DOMESTIC RELATIONS
HAMILTON COUNTY, OHIO

MELISSA

HENDON

DETERS

Case No. DR 1302234

Plaintiff

Judge Lewis

-vs-

JOSEPH

THEODORE

DETERS

HUSBAND'S
AFFIDAVIT

FOLLOW-UP

Defendant
Comes now Joseph T. Deters, and having first been duly sworn, upon information
and belief, avers and states the following:
31.
As I indicated in my Supplemental
Affidavit, my agreement with Waite
Bayless Schneider & Chesley Co., L.P.A. permits the firm to terminate my employment
with 90 days notice.
32.
I have been notified that my employment
effective March 31, 2014.

with the firm is being terminated

Joseph T. Deters

Sworn to and subscribed

in my presence

this I I th day of February,

2014.

~kNotary Public

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DI05176748

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