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HomeMy WebLinkAbout01-1288JOSHUA W. PETTY, Plaintiff V, NATAI.~E S. PETTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-/.22J~ CIVILTERM .. : 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 properW or other rights in~portant 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, Cumberland CounW Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. The Cotrrt of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For information about accessible facilities and reasonable acconmaodations available to disabled individuals having business before the Court, please contact our office. Ail arrangements must be made at least 72 hours prior to any hearing or business before the Court. 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 LIRERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JOSHUA W. PETTY, Plaintiff NATAI.IE S. PETTY, Defendant : IN THE COURT OF COMMON P!.EAS OF : CUMB~D COUNTY, PENNSYLVANIA : : NO. 01-/.Z ~ CIVIL TERM : : : IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is JOSHUA W. PETTY, presently residing at 121 Third Street, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant is NATALIE S. PETTY, presently residing at 327 East Louther Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married September 29, 1998. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Neither party to this action in divorce is currently a member of the Armed Forces of the United States of America. 7. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage between the parties hereto is irretrievably broken. 9. Plaintiff requests the Court to enter a decree of divorce. 2 COUNT I I - EQUITABLE DISTRIBUTION 10. The parties are the owners of real and personal property subject to equitable distribution between them as marital properW. 11. The parties have incurred obligations during their marriage that constitute marital debt. 12. Plaintiff requests the Court to equitably divide such items of marital property and debt between the parties. WHEREFORE, the Plaintiff requests this Court to: Enter a final Decree of Divorce divorcing the plaintiff from the aJ defendaut; and b. the parties; Grant equitable distribution of the marital property and debts of Respectful]y submitted, JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 30130 hereby verify that the statements made in the foregoing are true and correct. 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. JOSHUA W. PETTY JOSHUA W. PETTY, Plaintiff Mw NATA~IF S. PETTY, Defendant IN THE COURT OF COMMON PI.EAS OF CUMBE~ COUNTY, PENNSYLVANIA NO. 01- I~ ~g CIVIL TERM IN DIVORCE WAIVER OF COUNSELING JOSHUA W. PETTY, Plaintiff herein, hereby states and certifies as follows: 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 Domestic Relations 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. JOSHUA W. PETTY, Plaintiff NATAL~F S. PETTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBE~ COUNTY, PENNSYLVANIA : NO. Crv'tL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Shelley Eichelberger, hereby certify that a true and correct copy of a Notice To Defend Rights and Claim Rights and a true and correct copy of a Complaint In Divorce Under Section 3301(c), was duly served for the Defendant, Natalie S. Petty, by a registered letter deposited in the U.S. Mail on March 7, 2001, addressed as follows: Natalie S. Petty 327 East Louther Street Carlisle, PA 17013 And further that this attached card demonstrates that on March 8, 2001, the Defendant was served. I hereby verify that the statements made in the foregoing are true and correct. 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. SHELLEX/VEI CHELBERG%R · Complete items 1, 2, and 3. Also complete item 4 if Restricted D~ivery Is desired. · Prfnt your name and address on the reverse so that we can return the card to you. · Attach this nard to the back of the mallpisoe, or on the front If spsoe permits. 1. Article,N:ldressed to: A. Re(~ved by (Please Print Clean),) B. Date of De~lvmy 3. S~vice Type J~ Certified Mail [] Expeess Mail ,~ Reg~terecl ~. Return Receipt for Mee~hanciise i-I Insured Mail [] C.O.D. Restricted 2, Article Number (Copy from service lal~ ~ oCtCl~,2~ o oooq \ S"3 ,'~q_~ q G PS Form 3811, Jub, 1999 Domestic Return Recaipt 102595-00-M-0~52 JOSHUA W. PETTY, Plaintiff NATALIE S. PETTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUrNTY PENNSYLVANIA NO. 01-1288 IN DIVORCE RULE TO SHOW CAUSE IN RE: PETITION TO WITHDRAW AS COUNSEL AND NOW, this ~ day of July, 2001, upon presentation and consideration of the Petition to Withdraw as Counsel, submitted by Samuel W. Milkes, counsel for the Plaintiff, a Rule is issued upon the Plaintiff and Defendant to show cause why Mr. Milkes should not be allowed to withdraw as counsel for Plaintiff in this divorce action. This Rule is returnable in 15 days, by which time either party must present reasons to the Court as to why he or she believes Mr. Milkes should not be allowed to withdraw as Plaintiff's attorney. If no valid reasons are presented, upon the issuing of a Rule Absolute, Mr. Milkes would be allowed to withdraw as counsel. If reasons are presented, the Court will determine whether they are sufficiently valid reasons to deny the Petition. By the Courty JOSHUA W. PETTY, Plaintiff NATALIE S. PETTY, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-1288 IN DIVORCE PETITION TO WITHDRAW AS COUNSEL COMES NOW, counsel for the Plaintiffin the above matter, Samuel W. Milkes, Jacobsen & Milkes, and respectfully requests of this Honorable Court that he be allowed to withdraw as counsel for Plaintiff, for the reasons stated above: 1. The undersigned counsel has accepted a position as Executive Director of Pennsylvania Legal Services in Harrisburg, Pennsylvania. 2. Funding source requirements dictate that this position is prohibited from engaging in the private practice of law. 3. Effective August 1, 2001, counsel is prohibited from engaging in the private practice of law. 4. Counsel has discussed this with Plalntiffand Plaintiffhas expressed a desire to represent himself and that he has no objection to counsel withdrawing from representing him. 5. While the Defendant has been represented by Thomas S. Diehl, Esq. in some matters involving custody and support between the parties, Mr. Diehl has not entered an appearance in the above action. 6. This case has not yet been referred to the Divorce Master, nor has a request to do so been made. WHEREFORE, for the above reasons, Samuel W. Milkes respectfully requests of this Honorable Court flint it grant him permission to withdraw as Plaintiff's counsel. Respectfully Submitted, Samuel W. Milkes Jacobsen & Milkes 52 E. High Street Carlisle, PA 17013 717-249-6427 Attorney No. 30130 JOSHUA W. PETTY, : Plaintiff : : vii. : : NATALIE S. PETTY, : Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-1288 IN DIVORCE CERTIFICATE OF SERVICE l, Samuel W. Milkes, Jacobsen & Milkes, certify that on the 25th day of July, 2001, I served the attached Petition to withdraw as counsel in the above matter by placing a copy of the same in the United States mail, postage prepaid, and addressed to the following: Joshua W. Petty 18 E. Big Spring Avenue Newville, PA 17241 Natalie S, Petty 327 E. Louther Street Carlisle, PA 17013 WITH A COPY TO: Thomas S. Diehl, Esq. One West High Street P.O. Box 1290 Carlisle, PA 17013 Respectfully Submitted, Jacobsen & Milkes 52 E. High Street Carlisle, PA 17013 717-249-6427 Attorney No. 30130 JOSHUA W, PETTY, Plaintiff NATAl.rE S. PETTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1288 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Dana A. Drmkle, hereby certify that a true and correct copy of a Rule to Show Cause In Re: Petition to Withdraw as Counsel, was duly served upon counsel for the Defendant, Natalie S. Petty, by depositing it in the U. S. Mail, postage paid, on August 2, 2001, addressed as follows: Thomas S. Diehl One West High Street PO Box 1290 Carlisle, PA 17013 I hereby verify that the statements made in the foregoing are true and correct. 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. Date: DANA . DUNKLE JOSHUA W. PE~'Y, Plaintiff Vm NATALrE S. PETTY, Defendant IN THE COURT OF COMMON PI.EAS OF CUMB~ COU1WIT, PENNSYLVANIA NO. 01-1288 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Dana A. Dunkle, hereby certify that a true and correct copy of a Rule to Show Cause In Re: Petition to Withdraw as Counsel, was duly served upon the Plaintiff, Joshua W. Petty, by depositing it in the U. S. Mail, postage paid, on August 2, 2001, addressed as follows: Joshua W. Petty 18 East Big Spring Avenue Newvil.le, PA 17241 I hereby verify that the statements made in the foregoing are true and correct. 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. Date: DANA ~. DuNKLE JOSHUA W. PETTY, Plaintiff NATAI.IE S. PETTY, Defendant : IN THE COURT OF COMMON pI.EAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-1288 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Patricia Fischer, hereby certify that a true and correct copy of a Motion to Make Rule Absolute RE: Counsel for Plaintiff's Petition to Withdraw Appearance for Joshua W. Petty, was duly served upon counsel for the Defendant, Natalie S. Petty, by depositing it in the U. S. Marl, postage paid, on Septemb~y 5,_200]~, Thomas S. Diehl One West High Street PO Box 1290 Carlisle, PA 17013 addressed as follows: I hereby verify that the statements made in the foregoing are true and correct. I understand that false penalties of 18 Pa.C.S. Section authorities. statements herein are made subject to the 4904, relating to tmsworu falsification to JOSHUA W. PETTY, Plaintiff NATAl.IF. S. PETTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1288 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Patricia Fischer, hereby certify that a true and correct copy of a Motion to Make Rule Absolute RE: Counsel for Plaintiff's Petition to Withdraw Appearance for Joshua W. Petty, was duly served upon the Plaintiff, Joshua W. Petty, by depositing it in the U. S. Marl, postage paid, on September 5, 2001 ad~es~'p~ follows: Joshua W. PetW 18 East Big Spring Avenue Newville, PA 17241 :_! ~,~ I hereby verify that the statements made in the foregoing are true and correct. 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. Date: ( PATRICIA FISCHER JOSHUA W. PETTY, Plaintiff NATALIE S. PETTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01- 1288 CIVIL TERM ,. : : IN DIVORCE RULE ABSOLUTE AND NOW, this ~ day of September, 2001, upon presentation and consideration of the Motion to Make Rule Absolute, submitted by Samuel W. Milkes, counsel for the Plaintiff, the Rule issued on July 30, 2001 is made absolute. Samuel W. Milkes is hereby declared released from this case. He is no longer considered counsel for Plaintiff. V~NV,,\'t~NN3c! JOSHUA W. PETTY, Plaintiff NATALIE S. PETTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO, 01- 1288 CIVIL TERM : ., : IN DIVORCE MOTION TO MAKE RULE ABSOLUTE RE: COUNSEL FOR PLAINTIFF'S PETITION TO WITHDRAW APPEARANCE FOR JOSHUA W. PETTY COMES NOW, Samuel W. Milkes, attorney for Joshua W. Petty, the Plaintiff in the above referenced divome action, and requests of his Honorable Court that it make absolute the Rule issued upon the Defendant and the Plaintiff regarding counsel for Plaintiffs Petition to Withdraw as Counsel. In support of this Motion, counsel represents as follows: 1. On July 25, 2001, counsel filed with this court a Petition to Withdraw as Counsel, citing as a basis the combined events of counsel's imminent departure from the practice of law (effective July 31,2001). 2. This Petition was served upon the Defendant (through counsel) and the Plaintiff himself on August 2, 2001. 3. On July 30, 2001, the Honorable Edgar B. Bayley issued a Rule to Show Cause, returnable in 15 days, "by which time Mr. Petty and/or Defendant must present reasons to the Court as to why he believes Mr. Milkes should not be allowed to withdraw as his attorney." 4. No response has been filed, nor has the Plaintiff individually made any contact with the undersigned counsel. WHEREFORE, for the reasons stated above, counsel Samuel W. Milkes respectfully requests that the Rule previously issued upon the Plaintiff and Defendant to show cause why he should not be allowed to withdraw as counsel be made absolute. Respectfully Submitted, JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 30130