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HomeMy WebLinkAbout01-2444 MITZI M. PRICE. : IN THE COURT OF COMMON PLEAS OF Plaint~ ~ CUI~ERLAND COUNTY, PENNSYLVANIA : JOHN A. PRICE, : CIVIL ACTION - LAW Defendant : IN DIVORCE ,-~- . -. _~-~ ~Z'" ' ":-:':i YOU HAV~ BEBN SUBD IN COURT. If you whh to ~ ~ c:"' '''~ defem~l, ap,~ms~;the clA~,~ set forth in the following pages, yon must take act/on withi, twenty (20) days a/ret th/s ComplAi-~ and Notice are served, by entering a written appearance personally er by attorney and 6]i,g in writing with the Court your defenses er obj~%~ions to the chlms set forth a~n~t you. Yon are warned that//yon fail to do the case may proceed without you and a judsment may be entered aE~inst you by the _.Court withon~ further notice for any money cl~i,-ed in the Comp]~i-t or for any other cloim or relief requested by the Piainti~. Yon may lose money or property or other r/ght8 important to you. LAWYER OR CANNOT AFFORD ONE U DO THE OFFICE SET FORTH BE , __C~_TO OR TEI.~.PHONE LEGAL HELP LOW TO FIND OUT WHERE YOU CAN GET COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17018 (717) 24O-6200 MITZI M. PRICE, : IN THE COURT OF COMMON PI.~..a.S OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. : JOItN A. PRICE, : CIVIL ACTION - LAW Defendant : IN DIVORCE The Plaintiff, Mitzi M. Price, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., respectfully avers the following in support of her petition for the exclusive right to reside in the marital residence: 1. The Plaintlt~, Mitzi M. Price, is an adult individual who currently resides at 521South Pitt street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, John ~, Price, is an adult individual who had resided 521 South Pitt Street, Carlisle, Cumberland County, Panns~lvsnla, however, is now incarcerated at Daupl~in County Prison, Harrisburg, Pen,,eylvania. 3. A Complaint in Divorce was filed with the Cumberland County Prothonotary% Or,ce on ~ 2001. 4. As of the date of the ~ling of~i~ Petition, the Court has not yet ruled upon the divorce of the parties. 5. Pursuant to 23 Pa. R.C.P. § 3502(c), Plaintiff requests that she be granted exclusive possession of the marital residence for the £ollowin~ reasons: a. The par~es can no longer amicably reside in the same residence. b. Thlm arrangement would be in the best interest efthe parties. c. The Ddendant can more easily estehl/sh residence elsewhere than the cl. The Plsintiff would receive greater benefit in remsln;qgin the marital residence than the Defendant. e. The Defend,q~ has failed to contribute to the mortgage, maintenance, and upkeep of the marital residence. f. The Pl.intiffbelieves and avers her concerns that when the Defendant is released fi'om Dauphin County Prison he may seek and insist upon returning to maritul residence over her objections. WHEREFORE, the Plaintiff, Mitsi M. Price, respectfidly requests that this Honorable Court grant her the exclusive right to reside in the marital residence, witt the furniture and household items therein, until such time as this Court may make fins} Order of Diverce and Equitable Distribution. Law Offices o~ Patrick F. ~auer, Jr. Da~: ~ ~mp ~, Penn~lv~a 17011-4~06 ~ 72655 T~. (71~ 763-1800 ~ MITZI M. PRICE, : IN THE ~ Plaintiff COUI~T OF COMMON PI.~S OF ~: : CDMBERLAND COUNTY, PE~S~V~ ~ : ~0. JO~ ~ P~CE, : C~ AC~ON - ~W t D~en~t : ~ D~ORCE . Un&~ed ~ ~ ~P~t, ~ j. ~, ~, h~by ~ ~d ~ ~at: 1. He ~ ~e a~ey ~r ~ M. ~, ~ 2. He ~ au~ ~ m~e ~ ~a~ ~ her b~; 3. ~e ~ ~t ~ ~ ~ ~g P~ON FO~ ~ ~ ~S~D~ ~ ~T~ ~SIDENCE ~ ~ ~ ~ ~d n~ n~y ~ ~ ~t; ~e h~ ~t f~ ~ ~e ~g Pefifi~ ~ ~e ~d ~ W ~e ~t how~, ~a~ ~d ~ ~w ~es ~Pa~ F. Laud, Jr. 1108 M~ket S~t, ~ B~ C~p ~, Pe~sylw.~a 17011.4706 MITZI M PRICE : IN THE COURT OF COMMON Iv.~.4S OF Plaint~ ! CUMBERLAND COUNTY, PENNSYLVANIA vs. :No. JOHN A. PRICE, : CIVIL ACTION. LAW Defeu~.t : IN DIVORCE I very that the statements made in this Cmnp]~.~ are tree and cm'rect. I ,. ~ understand that false statements herein are made subject to the penalties of 18 Pa.C..~ I ~! MITZI M. PRICE, : IN THE COURT OF COMMON PLEAS OF '! PlAk.tiff ! CUMBERLAND COUNTY, PENNSYLVANIA ~ : No. : : JOHN A. PRICE, : CIVIL ACTION - LAW ~' Defendant : IN DIVORCE I hereby certify that I am tb~. day serving a copy of the foreguing PETITION FOR RIGHT TO RESIDE IN MARITAL RESIDENCE PURSUANT TO 23 Pa. C.S § 3502(c) upon the person, and in the m.-ner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of CIVIL Procedure, by depositing a copy ef the' same with the United States Post O~ce at Camp .Pennsylvs.!a, through first class mail, prepaid and addressed as follows: John A. Price, Defendant Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 ~/~_/(]] 2108 Market Street, Aztec Bui]di,~g Camp Hill, Pennsylvania 17011-4706 II~ 72655 Tel. (717) 763-1800 Date: . ' MITZI M. PRICE, : IN THE COURT OF COMMON PLEAS OF Plai~ : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No..J JOHN A. PRICE, : CIVIL ACTION - LAW Defen&--t : IN DIVORCE AND NOW, this ~,day ~f I~ ~, ~' 2001, the P)a~-tiff, Mitzi M. ~e, ~ he.by awned ~e ex~u~ve ~ht ~ ~ ~ ~e m~ ~n~, ~ ~e ~t~ ~d ho~ehold i~ms ~, ~ su~ ~me ~ th~ Co~ m~ m~e a Or~r of~vo~.~d Equable ~bufion. J~on ~ ~, ~d ~ o~erissuesr~d~thi~ma~r,~ed. ~ ~r~ -~ BY ~ II , MITZI M. PRICE : IN THE COURT OF COMMON PLEAS OF Pl.l.tiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : : JOHN A. PRICE, : CIVIL ACTION - LAW Defeod~t : IN DIVORCE You have been sued in court. If you wish to a~'end aff~in*t the elalm, 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 affslnst you by the court. A judffmout may also be entered agslnst you for any ot~ler ClRim Or l~]iof requested in these paper8 by the pJRinti~' You may lose money or property or other r/ghts impartant to you, including custody or visitation of your rthildre~. When the ground for the divorce is indignities or irretrievable breakdown of the man/age, you may request marriage counsding. A list of marriage counselors is awilnble in the Office of the Prothonotary at the Cumberland County Courthouse Carlisle, Penn~ylvnnla. 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' HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TI~L~-PHONE OFFICE SET FORTH BELOWTO FIND OUT WHERE YOU CAN GET LEC~L I-IE. Lp. CO-MBERLAND COUNTY BAR ASSOC~TION 2 LIBERTY AVENUE CARI.IgLE, PA 17013 (717) 249-8166 MITZI M. PRICE : IN THE COURT OF COMMON PL~.AS OF l~s~,t/ff : CUMBERIAND COUNTY, PENNSYLVANIA : vs. :No. o~. ,~¥v¥ : JOHN A. PRICE, : CIVIL ACTION - LAW Defenasnt : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 8301(c) or 8~01(d) The Plsln~/ff, Mitzi M. Price by and through her attorneys, The Law O/~ces ~f Patrick F. Lauer, Jr., makes the fonow/ng Comp]AEnt in I)/v~ce: 1. The Plaintiff, Mitzi M. Price is an adult individual who currently resides at 521 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defen&Ant~ John ~_ Price, is an adult individual who currently resides at Dauphin County Prison, 501 Mall Road, Harrisburg, Dauphin County, Pe~n~ylv~nla. 3. The Partiss have been bona fide residents ~f the Commenwealth ~f Pennsylvania for at least six months immediately prior to the 611ng ~f this 4. The Plaint/f~ and the Defendant were married on July 30,1994 in Cumberland County, Pennsylvania. 5. There have been no prior actions ~f divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The plsi~/ff has been advised that counseling is avsi~Me and that the P]sln*~W may have the right to request that the cour~ require the parties to psrl/~pats in counseling. 8. Thi~ act/on is not collusive. WI-IE]~I~.I~)RE, the Plaintiff requests thi~ Honorable Court to enter a Decree of Divorce in this matter. ~TT~? T - ~qTTT'T'AT:IT.~ nT~?RT'I~TrPTO~., 9. The paragraphs one (1) through (8) of thiA Complnlnt are incorporated herein by reference. 10. Plaintiff requestz the Court to equitably divide, distribute or assign the mar/tal property between the parties w/thout regard to marital misconduct in such proportion as the Court deems just after cons/deration of ail relevant factors. WI'~REFORE, the P]nintiff respectfidly requests the Court to enter an order ~f equitable distribution of mar/tal property pursuant to §3502(a) of the Divorce Code. Respectfully submitted, Matthew J. Eshe~an, Esquire 2108 M~ket Street, Aztec Bufld~n~ ~_~_~ C~mp H/Il, pRnnsylvan/a 17011-4706 Date: I I~ 72655 Tel. (717) 763-1800 MITZI M. PRICE : IN THE COURT OF COMMON pT.EAS OF Pl.in~ : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : No. : JOHN ,4, PRICE, : CIVIL ACTION - lAW DefenrlA~t : IN DIVORCE I verify that the statements made in this Compl~in~ al~ true and carrect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904, r~lq~/ng to unswom CRl~firafion to authorities. Date: M1TZI M?PHICE MITZI M. PRICE, : IN THE COURT OF COMMON PLEAS OF P]~tiff : CUMBERLAND COUNTY, PENNSYLVANIA : :No. : JOHN A. PRICE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND NOW, th/s /~: day of~.~_ 2001, a hearing on the above-captioned matter relating to the issue of the right to reside in the marital residence and the exclusive possess/on thereof is hereby scheduled for the ~ ,day at//~"5~o'clock q m. in Courtroom Number ~f , of the Cumberland County Courthouse, Carlisle, Pennsylvon!a. BY THE COURT II i MITZI M. PRICE, : IN THE COU12T OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. :No. 01- g,~¥c/ JOHN A. PRICE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND NOW, this __ day of 2001, the P]nlntiff, Mitzi M. Price, is hereby awarded the exclusive right to reside in the marital residence, with the furniture and household items therein, until such time as this Court may make a final Order of Divorce and Equitable Distribution. Jurisdiction over this, and all other issues r-~ed in this matter, is ret.~ned. BY THE COURT: II [ M1TZI M. PRICE, : IN THE COURT OF COMMON PT.~.AS OF PI.i-tiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. :No. ,) : JOHN A. PRICE, : CIVIL ACTION - LAW Defend.n~ : IN DIVORCE YOU HAVE BEEN SURD IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action w~thi,, twenty (20) days after thin Comp]mint and Notice are served, by entering a written appearance personally or by attorney and 611,~g in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do si the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff You may lose money or property or other rights important to you. 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 COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 (717) ~-40-6200 MITZI M. PRICE, : IN THE COURT OF COMMON PLI~.AS OF Plain~ : CUMBERI.~uND COUNTY, PENNSYLVANIA JOHN ~_ PRICE, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION FOR RIGHT TO RESIDE IN MARITAL RESIDENCE The Plaintiff, Mitzi M. Price, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., respectfully avers the following in support of her petition for the exclusive r/ght to reside in the marital residence: 1. The Plai~ Mitzi M. Price, is an adult individual who currently resides at 521South Pitt Street, Carlisle, Cumberland County, Pe,~n~ylv~nla, 17013· 2. The Defendant, John A. Price, is an adult individual who had 521 South Pitt Street, Carlisle, Cumberland County, Pennsylwnla, however, is now incarcerated at Dauphin County Prison, Harrisburg, Pennsylvania. 3. A Comp]zint in Divorce was filed with the Cumberland County Prothonotary's Office on ~ 2001. 4. As efthe date of the 6ling efthi~ Petition, the Court has not yet ruled upon the divorce of the parties. 5. Pursuant to 23 Pa. R.C.P. § 3502(c), Plaintiffrequests that she be granted exclusive possession of the marital residence for the following reasons: a. The parties can no longer smioably reside in the ssme residence. b. Thin arrangement would be in the best interest efthe parties. c. The Defend.-~ can more eaaily establish residence elsewhere than the Plaintiff. d. The P].~-tiffwould receive greater benefit in remA~,~-g in the mazital residence than the Defendant. e. The Defendant has failed to contribute to the mortgage, m~-tenance, and upkeep of the marital residence. f. The Plaint~ believes and avers her concerns that when the Defendant is released fi~m Dauphi- County Prison he may seek and insist upon returnb~g to marital residence over her objections. WHEREFORE, the Plain~ Mitzi M. Price, respectfully requests that this Honorable Court grant her the exclusive r/ght to reside in the mar/tal residence, wig the furniture and household items therein, until such time as thi~ Court may make final Order of Divorce and Equitable Distr/bution. Matthew~. Ech?~n..a~., Esq~ ~ Law Offices ef Patrick F. ~uer, Jr. ) 2108 M~ket S~et, ~ B~ding Crop Nill~ Pennsylv~nla 17011-4706 Da~: ~ 72655 T~. (71~ 763-1800 MITZI M. PRICE, : IN THE COURT OF COMMON PT.I~.AS OF Plaintiff' : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. JOHN A. PRICE, : CIVIL ACTION - LAW Defendant : IN DIVORCE Undersigned ~ ~ ~p~t, ~ew J. E~, E~, h~by v~es ~d sta~s ~aC 1. He h ~e a~ey for ~ M. ~, 2. He h au~o~d W m~e this ve~a~on on h~ b~; 3. ~e f~ set fo~ ~ ~e f~g PETI~ON FOR ~G~ ~ ~SIDE IN ~IT~ ~SIDENCE ~ ~o~ ~ him ~d n~ n~y ~ his ~t; 4. ~e ~ ~t fo~ ~ ~e fo~g Pefifi~ ~ ~e ~d ~ W ~e be~ ~hi~ ~owle~, ~afion ~d b~; 5. He ~ aw~ ~at ~ sm~ he~ ~ ma~ subj~ W ~e p~ ~ 18 Pa. C.S. ~, ~g W ~m f~]~6cafion W auto, ties. Mat~ew J. E~]m~, Esq~ Law O~s of Pa~ F. Lauer, Jr. 2108 M~ket S~et, ~t~ C~m~ ~ill~ Pe~sylv~ia 17011-4706 M1TZI M. PRICE : IN TBE COURT OF COMMON PLEAS OF l~-t~ : CUMBERLAND COUNTY, PENNSYLVANIA : JOHN A. PRICE, : CIVIL ACTION - LAW D~m~-~ : IN DIVORCE I ver~ that the statements made in ~h;~ C,m~.~l~'~.~ m'e true and correct. I understand that ~]~ statements herein a~e made subject to the penal~/es ~f 18 Pa.C.S. § 4904, rela~ng to unsworn f-~,~-at~n to author~/es. MITZI M. PRICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CLrMBE~D COUNTY, PENNSYLVANIA : vs. : No. : JOHN A. PRICE, : CML ACTION - LAW Defendant : IN DIVORCE I hereby certify that I Am t. hiA day serving a copy of the foregoing PETITION FOR RIGHT TO RESIDE IN MARITAL RESIDENCE PURSUANT TO 23 Pa. C.S.A § 3502(c) upon the person, and in the manner, indicated below, which service satiASes the requirements of the PennsylvAnia Rules of CIVIL Procedure, by depositing a copy efthe same with the United States Post Office at CAmp Hill, PennsylvAnia, through first class mail, prepaid and addressed as follows: John A. Price, Defendant Dauphin County Prison 501 Man Road Harrisburg, PA 17111 ........... Matthew J. E~hehnan, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building (../'.,~.///~ Camp I-Ii11; PennsylvAnia 17011-4706 ID~ 72655 Tel. (717) 763-1800 Date: ' MITZI M. PRICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 01-2444 CIVIL : CIVIL ACTION - LAW JOHN A. PRICE, : Defendant : IN DIVORCE IN RE: PETITION FOR RIGHT TO RESIDE IN MARITAL PROPERTY ORDER AND NOW, this / ~- ~ day of June, 2001, a hearing in the above captioned petition is set for Thursday, August 2, 2001, at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevii~.~. Hess. J. Matthew Eshelman. Esquire / d'~ '0~.~ John A. Price. Pro Se :rim JUN 1 1 2OO3 MITZI PRICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff' : CUMBERLAND COUNTY, PEIVNSYLVANIA : vs. : No. 01-2444 : JOHN A. PRICE, : CIVIL ACTION - LAW Defendant : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ~ day ofl~___ 20 o.~, upon consideration of the Petition to Withdraw as Counsel filed in the above.captioned matter, it is hereby orde~l thai: (1) a Rule is issued upon thc Plainti ff/R~spondent to show cause why the P~titionm is not cntitled to the relief requested; (2) the Plaintiff/Responden! shall file an Answer to the Petition within / t) dal~ of this date; (3) the Petition shall be decided under Pa. R. Civ. P.. Rulo 206.7; 4 ''ons I be ' ' ' , (5) argumont shall be ,,'~-,-~ ~n 'm ;,, r' ....... ,,,,-:f ._, j , ,~__._~... ,e, .... I. ..... n~~q~m~`' O~t.loeb (6) notice or,his Order shall be provided to all parties by the Defondant/Petitloner. BY THE COURT: Distribution List: Thc Law Offices of Patrick F. Laucr, .Ir., (~ 2108 Market Street, C.H., PA 17011 Mitzi Price, ~ 521 S. Pitt Street, Carlisle, PA 17011 John Price, ~ Dauphin County Prison, 501 Mall Road, Harrisburg, PA 17111 MITZI M. PRICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : No. 01-2444 : JOHN A. PRICE, : CWIL ACTION - LAW Defendant : IN DIVORCE PETITION TO WITHI)RAW AS COUNSEL The undersigned counsel for the Plaintiff, Matthew J. Eshelman, Esquire, individually and on behalf of the Law Offices of Patrick F. Lauer, Jr., LLC, pursuant to Pa. R. Civ. P., Rule 206.1 et seq., makes the following request to withdraw as counsel of record for Plaintiff, Mitzi M. Price, in this matter and, in support thereof, avers as follows: 1. Plaintiffengaged the services of the undersigned petitioner, Matthew J. Eshelman, Esquire, of the Law Offices of Patrick F. Lauer, Jr., LLC, on or about April 19, 2001. 2. Attorney Eshelman was hired to file a divorce action against the Defendant and represent client property issues. 3. Divorce Complaint Under Section 3301 (c)(d) was filed in the Cumberland County Courthouse on April 25, 2001 with a Count of Equ/table Distribution. 4. A Petition For Right to Reside in Marital Residence, was also filed on April 25, 2001. 5. An Order was signed by Judge Kevin Hess on June 12, 2002 scheduling a hearing on the Petition For Right to Reside in Marital Residence for August 2, 2001. 6. On August 2, 2001 a hearing was held before The Honorable Kevin A. Hess, Judge, awarding the Plaintiffexclusive right to reside in the marital residence. 7. Your Petitioner last spoke to the Plaintiffon April 12, 2002 8. The Plaintiff has not actively sought to pursue this case. 9. Attorney Eshelman has more recently accepted a position with another law finn that now precludes him from continuing with the representation of this Plaintiff. 10. Prior to his departure, Attorney Eshelman forwarded to the Plaintiff a letter explaining his inability to continue his representation and suggesting alternate counsel, a copy of which is attached hereto as Exhibit "A' and incorporated herein by reference. 11. To date, there has been no reply from the Plaintiff to that letter. 12. The procedural posture ofthe case in currently inactive, and there will be no prejudice to the Plaintiff if the undersigned is permitted to withdraw. WHEREFORE, Matthew J. Eshelman, individually and on behalf of the Law Offices of Patrick F. Lauer, Jr., LLC, respectfully requests your Honorable Court issue a Rule upon the Plaintiff in the above-captioned matter to show cause, if any he has, why the Court should not permit the undersigned entities to withdraw as Counsel from this case, with service upon opposing counsel. Resp?ct fullb, sCb~itted, Matthew J. Eshelman, Esquire, Individually and on behalf of ~/~I~)3 Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Date: Camp Hill, Pennsylvania 17011-4706 ID# 72655 TeL (717) 763-1800 Exhibit A THE LAW OFFICES OF PATRICK F. LAUER, JR. ~I08 MARKET STREET, AZI'~C BUILDING 8 S. Hanover Street CAMP HILL, PENNSYLVANIA 17011 932 N. Second Street Carlisle, PA 17013 (717) 763-1800 FAX (717) 763-4~47 Harrisburg, PA 1710~ (717) ~49-6971 1-800-82~-4-LAW (717) 22~-7747 Matthew J. Eshein~,; Esq. lneshelmn n~blarenet, uet Reply to Camp Hill Address www.dul-pa, com ^pall 2, 2003 $21 S. Pitt Street Carlisle, PA 17013 De~ Ms. Plebe be ad~s~ I ~s n~ position p~I~e me ~m con~ su~es~ ~t ~u cont~t ~= one or all of~e follo~ a~me~ W ~o~id~ one of~ ~o move fo~ ~ese ~ ~e ARome~ I su~t who p~fice law s~l~ to my p~fice: G~g H~eR, Esq., 20 Sou~ M~ket Se~t, M~csb~, ph. 790-~90; ~m~ ~ 1ones, E~, 7 ~e Row, C~sle, ph. 24~0296; ~Oor Ieee CosWpoulos, EsqMre, 5000 ~R~ Ro~, Suite 202, M~h~csb~g, p~ 17055 My b~t ~ to ~u M ~e ~ ~d ~ ~u for ~ pa~. _ Matthew J. Eshelman, Esquire Mr. Lauer has been Board Certified Mr. gabelman [ms been Board Ce~ified in bo~h .~s a Criminal ~ri~lAd~cam by the Consumer Banfc, uptc~ Law and in Creditors' ~a~ional Board of'l~ialAdvocaey Righu by the American Board of Certification MITZI PRICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff i CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-2444 : JOHN A. PRICE, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Motion to Withdraw as Counsel upon the persons, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows: Mitzi Price Dauphin County Prison 521 S. Pitt Street ATTN: John Price Carlisle, PA 17013 501 Mall Road Harrisburg, PA 17111 Respectfully submitted, Matthew .[. Eshelman, Esquire Individually and on behalf of Law Offices of Patrick F. Lauer, Jr., LLC ~//~/ 2108 Market Street, Aztec Building Date: ~.~ Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 MITZI PRICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : No. 01-2~.~.~, : JOHN A. PRICE, : CIVIL ACTION - LAW' Defendant : IN DIVORCE ORDER OF COURT MAKE RULE ABSOLUTE The Rule to show cause shall be made absolute and the Petition to Withdraw as Counsel shall be granted. BY THE COURT, in A. Hess, J'. Distribution List: The Law Offices of Patrick F. Lauer, Jr., ~ 2108 Market Street, C.H., PA 17011 Mitzi Price @ 521 S. Pitt Street, Carlisle, PA 17013 ~ .~ 9. ~ ~ .O~ ORI IHLL MITZI PRICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : No. 01-2444 : JOHN A. PRICE, : CIVIL ACTION - LAW - IN DIVORCE Defendant : PREVIOUSLY ASSIGNED TO: J. HESS. PETITIONER'S MOTION TO MAKE RULE ABSOLUTE AND NOW, the undersigned counsel for the Plaintiff, Matthew J. Eshelman, individually and on behalf of The Law Offices of Palrick F. Lauer, Jr., LLC, pursuant to Pa. R. Civ. P., Rule 206.1 et seq., enters the following request to make the Rule to Show Cause Absolute regarding the Petition to Withdraw as Counsel. 1. Counsel filed a Petition to Withdraw with Your Honorable Court on June 10, 2003. (See Exhibit "A"). 2. The Court issued an Order of Court; Rule to Show Cause, why the relief sought should not be granted, hearing to be held only if an Answer was filed. (See Exhibit "B"). 3. No Answer has been filed since the motion was filed June 10, 2003. WHEREFORE, Counsel respectfully requests your Honorable Court to make the role to show cause absolute and the request of Matthew J. Eshelman, Esquire, individually and the Law Offices of Patrick F. Lauer, Jr., LLC, shall be deemed to. have withdrawn their representation as Counsel in this matter. '., ,. - Matthev~, J. Eshet man, Esqflire, c~ ' Individually and ~n behalf.of the ~ Law Offices of Patxick F. Lauer, Jr., LLC Date:m]'°lo 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 MITZI PRICE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : No. 01-244~, : JOHN A. PRICE, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICe. I hereby certify that I am this day serving a copy of the foregoing Motion to Make Rule Absolute upon the persons and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prclaaid and addressed as follows: Mitzi Price 521 S. Pitt Street Carlisle, PA 17013 Rlt ',t ly!ti'tted' . .... Matthe~ J. E an, Esquire Individually and on behalf of The Law Offices of Patrick F. Lauer, .Ir., LLC 2108 Market Street, Az'tee Building ~/~3'"?/~ Camp Hill, Pennsylvania 17011-4706 Date: "~ ID# 72655 Tel. (717) 763-1800 MITZI M. PRICE, : IN THE COURT OF COMMON PL~ OF Plaintiff' : CUMB~ COUNTY,~YI~. ,,ANIA vs. : No. 01.2~.~.~. .~. ._ .-. $OHN A. PRICE, i CIVIL ACTION - LAW '<-": ~ ' Defendant : IN DIVORCE -< ' ~ : ~' PETITION TO WITNI~RAW AS COUNSEI~ - '~ The undersigned counsel for the Plaintiff, Matthew $. Eshelman, F..squire, individually and on bahs]~'of the Law Offices of Patrick F. Latter, Ir., LLC, pursuant to Pa. R. Civ. P., Rule 206.1 e~ sei~., makes the following request to withdraw as counsel of record for Plaintiff, Mitzi M. Pric~, in this matter and, in support thereof, avers as follows: I. Plaintiff entailed the services of the undersigned petitioner, Matthew $. F. shelman, Esquire, of the Law Offices of Patrick F. Lauer, Ir., II.C, on or about April 19, 2001. 2. Attorney Eshelman was hired to file a divorce action agsi,~ the Defendant and represent client propen'y issues. 3. Divorce Complaint Under Section 3301 (c)(d) was filed in the Cumberland County Courthouse on April 25, 2001 with a Count of t~quitable Disiribution. 4. A Petition For Right to Reside in Marital Residence, was also. filed on April 2001. $' An Order was signed by Sudge Kevin Hess on June 12, 2002 scheduling a hearing on the Petition For Right to Reside in Marital Residence for August 2, 2001. 6. On Au~,ust 2, 2001 a hearir~ was held before The Honorable Kevin A. He.u, Suds, awarding the Plaintiffexclusive ri/hr to reside in the nmital residence. 7. Your Petitioner last spoke to the Plaintiffon April 12, 2002 8. The Plaintiffhas not actively sought to pursue this case. 9. Attorney l~sbelman has mor~ recently acc~ted a position with another law finn that now p~-cledes him from continuing with the r~presentation of this Plaintiff. 10. Prior to his depart'ute, Atton~ Esheiman forwarded to the Plaintiff a~1~er explaiuing his inahilily to continue his representation and suggesting alternate counsel, a copy ofwhich is attached hereto as Exhibit "A" end incorporated her~in by re£erence. 11. To date, there has been no v;ply from the plaintif~'to thet letter. 12. The procedural posture ot' the case in currently inactive, end there will be no prejudice to the Plaintiffif the undersigned is permitted to withdraw. WHEREFORE, Matthew $. Eshelman, individually and on behalf of the Law Offices of Patrick F. Lauer, .Ir., LLC, respectfully requests your Honorable Court issue a Rule upon the Plaintiff in the above-captioned matter to show chuse, if any he has, why the Court should not p~,uit the undersigned entilies to withdraw as Counsel from this case, with service .upon opposing counsel. Matthew J'. Eshelman, Esquire, Individually and on behalf of ~/~I~3 Law Offices of Patrick F. Lauer, Ir., LI.,C 2108 Market Street, Aztec Building ~" Date: Camp Hill, Pennsylvania 17011-4706 . ID# 726S$ Tel. (717) 763-1800 MITZI PRICE, : IN TI~ COURT OF COMMON l~.~-~S OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : No. 01-2444 -~ : $OHN A. PRICE, : CIVIL ACTION- LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoinl~ Motion to Withdraw as Counsel upon the persons, and in the manner, indicated below, which se~icc satisfie~ the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows: Mitzi Price Dauphin County Prison 521 S. Pitt Street ATTN: lohu Price Carlisle, PA 17013 501 Mall Road Harrisburg, PA 17111 P~--pectfuily submitted, Matthew I. Eshclman, Esquire Individually and on behalf of Law Offices ofPatrick F. Lauer, Ir., LLC ~' _/ / 2108 Market S~'ect, Aztec Buildin~ · ~ Camp Hill, Pennsylvania 17011-4706 ~ Date: ID# 72655 Tel. (717) 763-1800 BXHIBrr A ~, TllB LAW OIPFIC~S OF PATRICK F. LAtlBR, JR. il08 MARKBT STuuuT, AZTEC BUILDING d~smover Street CAM~ mv.~_. PENNSYI, V~ 17011 ~ PA t?Ot8 (TIT) 788-t800 FAX (VIV) ?~.4147 Hsrrbhu~ PA tTtOl t~lT) S40-60TX 1-800-SSS-4-LAW Matthew J. F, shelman, Emi. Reply to Cmnp lfill Addre~J InmshohniuObbtzenet. net www.dul'Pft-~ol~ April 2, 2003 521 S. Pitt SU'eet Carlisle, PA 17013 Dem- M.s. Price: Please be advised I have taken a new posidon with mother law firm. My requiremen" in this new position p~,~clude me from continuin~ with my present caseload. Therefore, I am su~estin~ that you contact e~g3e~ one or all of the follow~n~ attorneys to consider one of them to move forward with your case. These are the Attorneys i suggest who practice law s~mil~r to my pracficc: C, rc8 Hazlett, Hsquire: 20 South Market S~-eet, M~bsnicsburL ph. 7900490; lames K. lones, F. squire, 7 Irvine Row, Carlisle, ph. 240-0296; and/or le~nne Costopoulos, F. squire, ~000 Rittc~ Road, Suite ~02, Mechanicsbur~, PA, 170S~ My best wishes to you in the futur~ and thank you for your pa~'ona~e. _. . Matthew I. Eshelman, Esquire  Mr. Lauer he ben Boezd Ceflibd Mr. Edpl---,, has been Board Cer~ibd in both 18 · C*~mhe! Tt4alAdw~tu b~' dm Communer hnluuptc~ Law and in Cmttors* Natfmml hrd orTrblAdem~c3, Ri~hu ~ b American hzd or 11 M~ZI PRICE, : ~ ~E COURT OF COMMON P~ OF Plaintiff : ~ER~ CO~, ~SYLV~ : vs. : No. 01-~ " JOHN ~ PRICE. : CWIL A~ION - ~W .~ ~f~L : ~ D~ORCE RULE TO SHOW CAUSE AND NOW, this_.~ day of' 20=~, upon considemion of the P~ition to Withdraw'as Couns~l filed in the above-eflptioned mnlter, it is hereby ordered that: (I) a Rule is issued upon the Pln~ntiff/Respondent to show cause why the Pctition~ is not entitled to the reliet'rtque~ted; (2) the PlnintiftTRespondent shall file an. Answer to tho P~titiun within /~ da~ ofthis date; 4 (3) the Petition shall be decided under P~. IL Civ. P., Rule 206.7; (6) notice ofthis Order shall be provided to n]l pmie~ by the D~rendent/Petkioser. [RUE COPY FRO,V, RECO D BY THE COURT: · ihd~. ~g~etMt%.;,.,- ~ flg Distribution L[-t: V~Mi ~ L~w Omees or Patrick F. L-uer, J'r., O 2108 Market Su-oot, C.H., PA 1701 ! tzi Price, I~ $2! S. Pitt Str~ot, C~rlisle., PA 17011 V'John Price, ~ Dauphin County Prison, $01 Mall Ro~d, Ha~sbur~ PA 171 ! I