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HomeMy WebLinkAbout01-7071JOHN I. THUMMA, Plaintiff DONNA THUMMA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . :NO. 2001- 70vi CrVIL TERIv : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, 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, Pennsylvania 17013 (717) 249-3166 JOHN I. THUMMA, Plaintiff DONNA THUMMA, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 2001- 707[ cIvII TER : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, John I. Thumma, through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, John I. Thumma, is an adult individual who currently resides at 232 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Donna Thumma, is an adult individual whose current residential address is 902 Greenbriar Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 15, 1999 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, John I. Thumma, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. JO[IN I. TI4UMMA, Plaintiff JOHN I. THUMMA, Plaintiff DONNA THUMMA, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-7071 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 28th day of December 2001, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, John I. Thumma, and states that he had cause to be mailed a certified c. opy of a Complaint in Divorce to the Defendant, Donna Thumma, by certified, restricted delivery, return- receipt requested. A copy of said receipt is attached hereto indicating service was made on December 20, 2001. Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX (Endome~t Required) · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that wa can retum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. At'tJcJe Addressed to: DOR~NA THUS~A 902 GREENBRIAR DRIVE MECHANICSBURG, PA 17050 2. Attic~Numbe~. 7000 1670 0001 879( PS Form 3811, Mamh 2001 ~ome~tic Return Receipt If YES, enter de~i:/~l~ ~address below: [] No · 3869 JOHN I. THUMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA THUMMA, Defendant : NO. 2001-7071 CIVIL TERM : : CIVIL ACTION .- LAW : IN DIVORCE PETITION OF COUNSEL FOR LEAVE TO WITHDRAW Thomas S. Diehl, Esquire, hereby respectfully petition,,; this Honorable Court for Leave to Withdraw as Counsel for the Plaintiff, John I. Tumma, and in support thereof, avers as follows: 1. 2. 3. Petitioner is Thomas S. Diehl, Esquire. Respondent is John I. Thumma. Petitioner was retained by the Respondent on or about November 20, 2001 to represent him in the above-captioned divorce action. 4. Respondent signed a Fee Agreement dated iNovember 18, 2001, in which Petitioner reserved the right to refuse of withdraw representation in the event that retainers, quoted fees or billed fees were not timely paid. 5. Respondent has failed to pay billed fees, and has been notified in writing of Petitioner's intention to withdraw as counsel. 6. Petitioner's continued representation of the Respondent without compensation would result in an unreasonable financial burden to the Petitioner. WI-[EREFORE, the Petitioner, Thomas S. Diehl, Esquire, respectfully requests this Honorable Court to issue a Rule upon the Respondent to show cause, if any, why the Petitioner should not be granted leave to withdraw as counsel. SEP 0 200 1 Date: Respectfully submitted, Thomas S. Diehl, Esquire One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 I.D. Number: 78942 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Thomas S. Diehl, Esquire JOHN L. THUMMA, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA DONNATHUMMA, DEFENDANT : 01-7071 CIVIL TERM ORDER OFCOURT AND NOW, this day of September, 2003, the petition of Thomas S· Diehl, Esquire, to withdraw as counsel for ,John I. Thumma, IS GRANTED. ~omas S. Diehl, Esquire ~ohn I. Thumma 232 North Middlesex Road Carlisle, PA 17013 I~onna Thumma '/909 Greenbriar Drive Mechanicsburg, PA 17050 By the...~/ Edgar B. Bayle :sal