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Home My WebLink About02-2554 KEITH GILLIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA VS. NO: {j:J - J~S-tj ALLISON GILLIS, Defendant CIVIL ACTION - LAW 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 Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA_ IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LA WYERS'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 LAWYER REFERRAL SERVICE 2 Liberty Street Carlisle, PA 17013 (717) 249-3166 KEITH GILLIS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. NO: b.:i - J.ny ALLISON GILLIS, Defendant CIVIL ACTION - LAW NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT You have been named as a Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with ~3302 (c) or (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Cumberland County Court House, Cumberland County, Pennsylvania. You're advised that this list is kept as a convenience to you and you're not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must take your request for counseling within (20) days twenty of the date on which you receive this notice. Failure to do so with constitute a waiver of your right to request counseling. KEITH GILLIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUN1Y, P A vs. NO: 0;). :J:f'JY ALLISON GILLIS, Defendant CML ACTION - LAW COMPLAINT 1. Plaintiff is Keith Gillis, who currently resides at 13 West Butler Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Allison Gillis, is an adult individual, who currently resides at RR #2, Box 2252, Waymart, Wayne County, Pennsylvania. 3. The Plaintiff has been a bona fide resident(s) 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 July 13, 1991 in Hamlin, Wayne County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff in this action is not a member of the Armed forces. 7. Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to the divorce decree being handed down by the court. 9. The marriage is irretrievably broken. WHEREFORE: The Plaintiff requests the Court to enter a decree of Divorce. Respectfully submitted, Abom & KutuJakis, L.L.p. Date: .:-':i3> ' 2002 Jaso P. Kutulakis, Esquire Att mey J.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 AttornI!)' fOr P laintij[ . , KEITH GILLIS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUN1Y, P A vs. NO: ALLISON GILLIS, Defendant CML ACTION - LAW VERIFICATION I verify that the statements made in the foregoing complaint and divorce are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. ~4904, relating to unsworn falsifications to authorities. 5'- ~I,- O;L... Date ~~ Keith Gillis . , KEITH GILLIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN1Y, P A vs. : NO: ALLISON GILLIS, Defendant : CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, ),.., P. Ku"""",, E"lillre, h,,<by 'mfy rlu, un ,,", , d,y nf 111; '/ , 2002, a true and correct copy of the within DIVORCE COMPLAINT / was served upon Defendant by Certified United States Mail, First Class, postage pre- paid, addressed as follows: Allison Gillis RR #2, Box 2252 Waymart, PA 18472 Date: -5 :~i ,2002 Jason . Kutulakis, Esquire Attorney J.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 AttornI!)' fOr Plaintij[ . , i I I \ \ ! , ~ ........ ~ ~ , ~ """'-- ~ ~ ~ V'\ ~ ~ V') b c:- J:: c (") Cl c..: f"') ;;;:; :1C ~ -0 C(; ."~"" ~ me -< Y\ (" ~t N c ~-, u1.:r;:.< .r;=-- o l-l?6 I^ I) -. ~ J ZO ~-o ",,0 ..-c: ~ ~ ?' +- .L s:> r -~ '^ ~ () '~'I j :J :? -"'" i)? :::0 .-1 SHERIFF'S DEPARTMENT / WAYNE COUNTY, PENNSYLVANIA COURTHOUSE ANNEX925 COURT STREET, HONESDALE, pA 18431 AMENDED RETURN SHERIFF'S RETURN OF SERVICE place of Origin: Cumberland County, PA Court Number: 096-Civil-2002 Attorney's File Number Correct Civil No. 02-2554-Civil-2003 Type of writ or Complaint: Complaint in Divorce plaintiff/sf : Defendant/s/: Plaintiff Atty: Keith Gillis Allison M. Gillis Abom & Kutulakisl L.L.P. Name of Entity to Serve: Allison M. Gillis Address: RR 2, Box 2252, Waymart, PA 18472 Place of Service: RR 21 Box 22521 Waymart, PA 18472 Date and time of Service: August 30, 2002 10:15 AM I hereby CERTIFY and RETURN that I, Gerrit Vanderwell, Jr., Deputy, [have personally served, the writ or complaint described upon the above named indivi4ual, company, corporation, etc., at the place of service shown above. witness my hand and seal of office at Honesdale, Pennsylvania this !12th day of September, 2002. So Answers Char Morelli, Sheriff. Charles Morelli Sheriff of Wayne County Gerrit Vanderwel 1 , Sworn to and subscribed before me ~Ofd6~~ Kathl Notarial Seal een A. Doughe N Honesdal B r, otary Public M C . e. oro, Wayne Co t y omm'sSlon Ex . un y M pIres Feb. 2, 2004 ember, PennsylVania Association of Notaries ( r ("I'") ~.,~~, ~ :i , ~. ( -~~ C' L ! I , , I , , j, , "V- .~ -'- , I I .... I (") c: <'"" -tJ cD mrn 2:::h Zr. ~??~ r:::c ~c: be"", -c.... :z =2 CJ W n -7"1 - --'.... '.'[:;;:!111> ;;'"J Z'.....) =rJ [T~ c..) (~ --i-t- =:! C) , :"),n ~ -< :n (:J KEITH GILLIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF VS. CIVIL ACTION IN DIVORCE LAW ALLISON GILLIS, DEFENDANT ~55'f NO. 02-~ NOTICE TO PLEAD to PRELIMINARY OBJECTIONS/MOTION TO TRANSFER VENUE YOU ARE HEREBY notified to plead to the within Preliminary Objections/Motion to Transfer Venue within twenty (20) days from service hereof or judgment may be entered against you. Pi~{~~j Attorney I.D. #44274 240 Penn Avenue Third Floor Scranton, PA 18503 (570) 344-4545 KEITH GILLIS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. CIVIL ACTION IN DIVORCE LAW ALLISON GILLIS, DEFENDANT '<:)5'-1 NO. 02-~ PRELIMINARY OBJECTIONS/MOTION FOR CHANGE OF VENUE FILED ON BEHALF OF DEFENDANT, ALLISON GILLIS NOW COMES the Defendant, Allison Gillis, by and through her attorneys, Blasi & Walsh, and preliminarily objects to the Plaintiff's Complaint as follows: 1. The Defendant, Allison Gillis, is an adult and competent individual currently residing at RR 2 Box 2252, Waymart, Wayne County, Pennsylvania. 2. The Plaintiff, Keith Gillis, is an adult and competent individual currently residing at 13 West Butler Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. Prior to the filing of the divorce action by the Plaintiff in Cumberland County, Pennsylvania, a divorce action had been filed by the Defendant in Wayne County, Pennsylvania, where it is believed and therefore averred that venue is proper. The Wayne County divorce action was dismissed for lack of activity. 4. It is believed and therefore averred that a Complaint in divorce was filed by the Plaintiff in Cumberland County during May, 2002, while a complaint in divorce was filed in Wayne County, Pennsylvania. The said divorce complaint was served on the Defendant on or about August 29, 2002. It is not known whether the complaint was reinstated prior to service. 5. After receiving the Complaint, the Defendant attempted, unsuccessfully because of financial constraints, to obtain counsel. Defendant was finally able to obtain counsel on April 14, 2003. A Master was appointed in the present case on or about March 25, 2003. Thereafter, counsel for the parties acknowledged that there was a venue issue and that the appointment of a Master was premature. 6. It is believed and therefore averred that venue is proper and more convenient in Wayne County, Pennsylvania for the following reasons: (a) The parties were married in Wayne County, Pennsylvania, on July 13, 1991 and continued to reside in Wayne County during their entire marriage; (b) All of the parties' marital assets, including real estate, are located within Wayne County, Pennsylvania; (c) All of the known witnesses, except Plaintiff, are located within Wayne County, Pennsylvania; (d) The Defendant is the primary custodial parent of the parties' three (3) minor children who reside and go to school in Wayne County, Pennsylvania. The children are Adam (d.o.b. 7/26/94), Jacob (d.o.b. 8/1/96), and Derek (8/1/96). Proceeding with the divorce case in Cumberland County will present child care problems for the Defendant who is the primary physical custodial parent; (e) Proceeding wi th the divorce case in Cumberland County will create severe financial strain on the Defendant who is a part-time teacher and full-time mother earning approximately $7,463.00 per year, not including child support; (f) It is believed and therefore averred that the Plaintiff is a registered nurse earning a substantially higher income than the Defendant and that a transfer of venue to Wayne County would not create a financial strain on the Plaintiff; (g) In order for the Defendant to be able to appear in court in Cumberland County, Pennsylvania, she would be required to bring the three (3) minor children with her, forcing the children to miss school; (h) The custody action concerning the parties' three (3) minor children is filed in Wayne County, Pennsylvania; and (i) It is believed and therefore averred that during the marriage, the Plaintiff was employed by Wayne Memorial Hospital in Wayne County. It is further believed and therefore averred that the information concerning Plaintiff's work-related benefits, which are mari tal assets, may be located at Wayne Memorial Hospital which is located in Wayne County, Pennsylvania. 7. Venue should be transferred to Wayne County pursuant to Pa.R.C.p. 1006(d) which provides, in pertinent part, as follows: (d) (1) For the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought. WHEREFORE, the Defendant, Allison Gi.llis, respectfully requests that this Honorable Court sustain the present preliminary objections and/ or grant the present Motion to Transfer Venue to Wayne County, Pennsylvania for the reasons set forth above. Z!JJ/;~t), Attorney I.D. #44274 240 Penn Avenue Third Floor Scranton, PA 18503 (570) 344 -4545 VERIFICATION I, Allison Gillis, having read the foregoing PRELIMINARY OBJECTIONS, verify that they are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 19 C.S. ~4904 relating to unsworn falsification to authorities. /:. 4 -17-03 !. U~7fJ.~ ALLISON GILLIS /' Dated: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Preliminary Objections filed on behalf of Defendant, Allison Gillis, has been served upon: Kara W. Haggerty, Esquire 8 South Hanover Street, Suite 204 Carlislel PA 17013 by First Class Mail this 1~h0 day of J1fZ-(' I , 2003. JJ2;M/o c ~ MARK C. WALSH, ESQUIRE Attorney I.D. #44274 240 Penn Avenue Third Floor Scranton, PA 18503 (570) 344-4545 fJ;JtJ e 'te '1 J.:--id V ),'I'r!Jor.PrUot! "I 0772j KEITH GILLISI Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 2554 CIVIL ALLISON GILLIS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ,J 3 r'-oU day of 4' ~ " 20031 after discussion with counsel on April 151 20031 that discovery was not complete I counsel agreed that the Master should vacate his appointment. Consequently I the appointment of the Master is vacated without prejudice to either party. BY THE COURT, Ge cc: Kara W. Haggerty Attorney for Plaintiff Mark Walsh Attorney for Defendant ~/~ ~ 'f.J3-b3 C+ i ,. \ VIN"//\l),Si"J\!.::;c! ,/,1j< r'~ ~-:.!'": 82 :01 :,:1! \ ,~ ';_ -L..' }}j'.-:/,'.'-j KEITH GILLIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, P A vs. : NO: 02-2554 ALLISON GILLIS, Defendant : CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS/MOTION TO TRANSFER VENUE AND NOW, this~rol.aay of May, 2003, comes the Plaintiff, Keith Gillis, by and through his attorney, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, L.L.P., answers the following to Defendant's Preliminary Objections/Motion to Transfer Venue: 1. Admitted. It is admitted that the Defendant, Alison Gillis, is an adult and a competent individual currendy residing at RR 2 Box 2252, Waymart, Wayne County, Pennsylvania. 2. Admitted. It is admitted that the Plaintiff, Keith Gillis, is an adult and a competent individual currendy residing at 13 West Buder Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. Admitted in part, denied in part. It is admitted that prior to the filing of the divorce action by the Plaintiff in Cumberland County, Pennsylvania, a divorce action had been filed in Wayne County, Pennsylvania. It is further admitted that the Wayne County divorce action was dismissed for lack of activity. It is specifically denied that venue is proper in Wayne County, Pennsylvania. 4. Admitted in part, denied in part. It is admitted that the Complaint in Divorce was filed by the Plaintiff in Cumberland County during May 2002, and that the Divorce Complaint was served on the Defendant on or about August 29, 2002. By way of further answer, the Complaint in Cumberland County was reinstated prior to service. It is specifically denied that the Divorce Complaint in Cumberland County was filed while a Complaint in Divorce was also filed in Wayne County, Pennsylvania. 5. Admitted in part, denied in part. It is admitted that a Master was appointed in the present case on or about March 25, 2003. It is further admitted that the appointment of Master was premature due to the fact that a venue issue had been raised. It is specifically denied that after receiving the Complaint, the Defendant attempted unsuccessfully because of financial constraints, to obtain counsel. 6. Denied. It is specifically denied that venue is proper and more convenient in Wayne County, Pennsylvania for the reasons listed. a. It is admitted that the parties were married in Wayne County, Pennsylvania, on July 13, 1991 and continued to reside in Wayne County during their marriage; b. It is admitted that the parties' marital residence is located within Wayne County, Pennsylvania. It is believed and therefore averred that the marital residence is the only marital asset yet to be distributed pursuant to this Divorce action; c. Denied. It is specifically denied that all of the known witnesses, except Plaintiff, are located within Wayne County, Pennsylvania; d. Admitted in part, denied in part. It is admitted that the Defendant is the primary custodial parent of the parties' three minor children who reside in and attend school in Wayne County, Pennsylvanian. It is specifically denied that proceeding with the divorce case in Cumberland County will present childcare problems for the Defendant; e. Denied. It is specifically denied that proceeding with the divorce case in Cumberland County will create severe financial strain on the Defendant; f. Admitted. It is admitted that the Plaintiff is a registered nurse. It is specifically denied that Plaintiff earns a substantially higher income than the Defendant and that a transfer of venue to Wayne County would not create a financial strain on the Plaintiff; g. Denied. It is specifically denied that in order for the Defendant to be able to appear in Court in Cumberland County, Pennsylvania, she will be required to bring the three minor children with her, forcing them to miss school; h. Admitted. It is admitted that the Custody action concerning the parties' three minor children is filed in Wayne County, Pennsylvania. By way of further answer, it is believed and therefore averred that the Custody action is no longer being litigated; 1. Admitted. It is admitted that during the marriage, the Plaintiff was employed with Wayne Memorial Hospital in Wayne County. By way of further answer, any information concerning Plaintiff's work related benefits may be provided through discovery regardless of where the employment occurred. 7. Denied. It is specifically denied that venue should be transferred to Wayne County pursuant to Pa. R.C.P. 1006(d). WHEREFO RE, the Plaintiff, Keith Gillis, respectfully requests that this Honorable Court overrule the present Preliminary Objections and deny the Motion to Transfer Venue to Wayne County, Pennsylvania. Respectfully Submitted, ABOM & KuruLAKIS, L. L. P. ~e~e~ Attorney ID #86914 8 South Hanover Street, Suite 204 Carlisle, P A 17013 Attorney for Plaintiff VERIFICATION I, Kara W. Haggerty, Esquire, verify that the statements made in foregoing Answer to Defendant's Preliminary Objections/Motion to Transfer Venue 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. ~ 4904 relating to unsworn falsification to authorities. Respectfully submitted, MOM & KUTULAKIS, L.L.P DATE: MAY 23, 2003 ~~~tr 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 CERTIFICATE OF SERVICE AND NOW, this 23rd day of May, 2003, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Answer to Defendant's Preliminary Objections/Motion to Transfer Venue, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Mark C. Walsh, Esquire 240 Penn Avenue Third Floor Scranton, PA 18503 Respectfully submitted, Abom & Kutulakis, L.L.P. ~e~L~ ~ ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff ('") c :?:. -0 cC' rnrr, 2:[1 zr- en G'J_~ ~r ~r~" -SC. )>C~ Z --j -', o 0J ~JC ~~- -< f'-) W o ,., .-1 ;,~ , . 1--. iTl l---; - '"1..... . 1cJ ~- '-'f. - --'1 ,~iM --I .'t> S:J -< -0 :.x t:? :,.) CO PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ----------------------------------------------------------------------- KEITH GILLIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF VS. CIVIL ACTION IN DIVORCE LAW ALLISON GILLIS, DEFENDANT ~:)~'1 NO. 02 - '2"r7tS 1. State matter to be argued: Defendant's Preliminary Objections/Motion to Transfer Venue. 2. Identify counsel who will argue case: (a) for plaintiff: Address: Kara W. Haggerty, Esquire 8 South Hanover Street Suite 204 Carlisle, PA 17013 (b) for defendant: Address: Mark C. Walsh, Esquire 240 Penn AVen"lle Third Floor Scranton, PA 18503 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 23, 2003. mJ: (d4j^~~ MARK C. A SH, SQUIRE Attorney I.D. #44274 240 Penn Avenue Third Floor Scranton, PA 18503 (570) 344-454!) Attorney for Defendant '. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR LISTING CASE FOR ARGUMENT has been served upon: Kara W. Haggerty, Esquire 8 South Hanover Street, Suite 204 Carlisle, PA 17013 by First Class Mail this 1.,.J. day of ~~ milk c /;ltQ All MARK C. WALSH, ESQUIffif Attorney I.D. #44274 240 Penn Avenue Third Floor Scranton, PA 18503 (570) 344-4545 , 2003. .' .. (') C:, Cl C W -n s: -- '"U OJ n-lfT' " Z~! ,',- , :r. Z C \.D C~} ~::- , ::,i () r..-c.. =+ ~C -\:"l (') )>~~ ) fr'l --=1 Z ~. ~ :D \0 -< ~s~ ~ KEITH GILLIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-2554 CIVIL CIVIL ACTION - LAW ALLISON GILLIS, Defendant IN RE: MOTION TO TRANSFER VENUE AND PRELIMINARY OBJECTION TO VENUE BEFORE HOFFER, P.J., AND HESS, J. ORDER AND NOW, this 2 '3-" day of July, 2003, following argument thereon, the preliminary objection of the defendant to venue is DENIED. The defendant is granted leave to file a petition to transfer venue on the grounds of forum non conveniens to be decided in accordance with Pa.R.c.P. 206.7. BY THE COURT, ~a W. Haggerty, Esquire For the Plaintiff > ~js ~ t ft1ark C. Walsh, Esquire For the Defendant R~ :rlm 0 I . ~ y - a3 ~~,,:f 4- . ;"",!0t<N:td Vit-it' \ ,- ,..). .. .c;'-'^Jr(l 'r:~;.,' ,,--':". n;,_:,,:.- , v Iii\' ,'_'- 1"-.1..\" " C'. '(~ .r' . ',-', iJ I '(, ," KEITH GILLIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF CIVIL ACTION IN DIVORCE LAW VS. ALLISON GILLIS, DEFENDANT NO. 02-2445 PETITION TO TRANSFER VENUE NOW COMES the Defendant, Allison Gillis, by and through her attorneys, Blasi & Walsh, and files the following Petition to Transfer Venue: 1. The Defendant, Allison Gillis, is an adult and competent individual currently residing at RR 2 Box 2252, Waymart, Wayne County, Pennsylvania. 2. The Plaintiff, Keith Gillis, is an adult and competent individual having a last known address of 13 West Butler Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. Prior to the filing of the divorce action by the plaintiff in Cumberland County, Pennsylvania, a divorce action had been filed by the Defendant in Wayne County, Pennsylvania, where it is believed and therefore averred that venue is proper. 4. The Wayne County divorce action was dismissed for lack of activity. 5. It is believed and therefore:l.verred that a Complaint in divorce was filed by the Plaintiff in Cumberland County during May, 2002, while a complaint in divorce was filed in Wayne County, Pennsylvania. The said divorce complaint was served on the Defendant on or about August 29, 2002. It is not known whether the complaint was reinstated prior to service. 6. After receiving the Complaint, the Defendant attempted, unsuccessfully because of financial constraints, to obtain counsel. Defendant was finally able to obtain counsel on April 14, 2003. 7. A Master was appointed in the present case on or about March 25, 2003. Thereafter, counsel for the parties acknowledged that there was a venue issue and that the appointment of a Master was premature. 8. It is believed and therefore aver'red that venue is proper and more convenient in Wayne County, Pennsylvania for the following reasons: (a) The parties were married in Wayne County, Pennsylvania, on July 13, 1991 and continued to reside in Wayne County during their entire marriage; (b) All of the parties' marital assets, including real estate, are located within Wayne County, Pennsylvania; (c) All of the known witnesses, -except Plaintiff, are located within Wayne County, Pennsylvania; (d) The Defendant is the primary custodial parent of the parties' three (3) minor children who reside and go to school in Wayne County, Pennsylvania. The children are i~dam (d.o.b. 7/26/94), Jacob (d.o.b. 8/1/96), and Derek (8/1/96). Proceeding with the divorce case in Cumberland County will present child care problems for the Defendant who is the primary physical custodial parent; (e) Proceeding with the divorce case in Cumberland County will create severe financial strain on the Defendant who is a part-time teacher and full-time mother earning approximately $7,463.00 per year, not including child support; (f) It is believed and therefore averred that the Plaintiff is a registered nurse earning a substantially higher income than the Defendant and that a transfer of venue to Wayne County would not create a financial strain on the Plaintiff; (g) In order for the Defendant to be able to appear in court in Cumberland County, Pennsylvania, she would be required to bring the three (3) minor children with her, forcing the children to miss school; (h) The custody action concerning the parties' three (3) minor children is filed in Wayne County, Pennsylvania; and (i) It is believed and therefore averred that during the marriage, the Plaintiff was employed by Wayne Memorial Hospital in Wayne County. It is further believed and 1:herefore averred that the information concerning Plaintiff's work-:related benefits, which are marital assets, may be located at Wayne Memorial Hospital which is located in Wayne County, Pennsylvania. 9. Venue should be transferred to Wayne County pursuant to Pa.R.C.P. 1006(d) which provides, in perti.nent part, as follows: (d) (1) For the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought. 10. Counsel for the Respondent has indicated that Respondent does not concur with the present Petition. WHEREFORE, the Defendant, Allison Gillis, respectfully requests that this Honorable Court grant the present petition to Transfer Venue to Wayne County, pennsylvania in accordance with Pa.R.C.P. 1006(d) and Pa.R.C.P. 206.7, for the reasons set forth above. mA ~ t!JhU MARK C. WA~H' ESQUIRE' Attorney I.D. #44274 240 Penn Avenue Third Floor Scranton, PA 18503 (570) 344-4545 VERIFICATION I, Allison Gillis, having read the foregoing PETITION TO TRANSFER VENUE, verify that it is true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 19 CoSo ~4904 relating to unsworn falsification to authorities. Jk~~ ALLISON GILLIS Dated: /1-;q-()3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Petition to Transfer Venue filed on behalf of Defendant, Allison Gillis, has been served upon: Michael T. Traxler, Esquire 36 South Hanover Street Carlisle, PA 17013 by First Class Mail this d '-I'fh day of JJ:?v.em bu-- , 2003. 'li!JJ.d;) /J!i 1 itJ; MARK C. WALSH, ESQUIRE Attorney I.D. #44274 240 Penn Avenue Third Floor Scranton, ~~ 18503 (570) 344-4S45 (") 8 ~ ~ 0 --J ~I:JJ ,..., ," ;:~:n rn n "'["^ _:1) I ""0 OJ Z~ .j:'" "'J'I' <n -' ~C:) ~~(-) ;r... :~=H ~c:' :x :,~~ .C" >"" 'P. 0 ~ .::> ~ 0 -< 'i KEITH GILLIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF VS. CIVIL ACTION IN DIVORCE LAW ALLISON GILLIS, DEFENDANT NO. 02-2554 RULE TO SHOW CAUSE AND NOW, this / )--tIJ day of [}f' J/J7L/A..VJ , 2003, it is hereby ordered that, 1. A rule is hereby issued upon the Respondent, Keith Gillis, to show cause, if any he has, why the Petition to Transfer Venue should not be granted; 2. The Respondent, Keith Gillis, shall file an answer to the petition within twenty (20) days of service upon the Respondent; 3 . The petition shall be decided under Pa.R.C.P. No. 206.7; ~tf Argument shall be held on ~ ,::( / , 2~ No. ~ of the Cumberland County Courthouse; and I; 30ftr;, in 4. Courtroom 5. Notice of the entry of this Rule to Show Cause shall be provided to all parties by the petitioner. BY THE COURT: / 44 Judge \f..~\\~l0 \f\N\1!\iJ\SNl'8d , .\'r~'-' r""r"..,r,"'"'''' ,\.:... \;, '" i. ' ",' ,,-:'~\"';1,!~' iv 9S :0I1W \ \ JjG SO I"" 'il",-'-': . ..'. 1\0'1.,\..1 ',...." ,.~,). ,.~ -"O\:b()-<}:\l':! :10 KEITH GILLIS, Plain tiff IN THE COURT OF COMMON PLEAS CUMBERL.....ND COUNTY, PA VS. : NO: 02-2554 ALLISON GILLIS, Defendant CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO RULE TO SHOW CAUSE AND NOW, this~ay of December, 2003, comes the Plaintiff, Keith Gillis, by and through his attorney, Michael T. Traxler, Esquire, of ABOM & KUTULAI<JS, L.L.P., and files this Answer to Rule to Show Cause: 1. A Rule to Show Cause was entered against the Respondent, Keith Gillis, on December 11, 2003, to show cause why the Petition to Transfer Venue should not be granted. 2. The Respondent has no objection to a transfer of venue from Cumberland County to Wayne County. 3. An Argument on this Rule to Chow Cause is scheduled to occur before The Honorable Judge Kevin Hess on January 21, 2004 at 1:30PM. 4_ Considering the Respondent has no objection to transferring venue, the Respondent has no objection to the removal of the Hearing from this Court's schedule. WHEREFORE, the Respondent, Keith Gillis, respectfully requests that Petitioner's Petition to Transfer Venue be granted without a Hearing. Respectfully Submitted, ABOM & KUTULAKIS, L. L. P. ~PI-:-~ Michael T. Traxler, Esquire Attorney ID #90961 36 South Hanover Street Carlisle, P A 17013 Attorney for Respondent CERTIFICATE OF SERVICE AND NOW, this)biZ<><day of ~ 2003, I, Michael T. Traxler, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Answer to Rule to Show Cause, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Mark C. Walsh, Esquire 240 Penn Avenue Third Floor Scranton, PA 18503 Respectfully submitted, Abom & Kutulakis, L.L.P. ~-P~~ Michael T. Traxler, Esquire Attorney ID #90961 36 South Hanover Street Carlisle, P A 17013 Attorney for Respondent -. ...- 0 '" c_~ 0 C~ CJ " ?"':. ....., \:) IT Cl ::j IT) , , rr: _t.. -" , " rn r::: ~-,' -0 n e/l (.J :':J l--;J 0 () 1: ~-_-: , ::J ,; :'::'" ~}:.) ---0, C'") ~-:. ',.".j (.i ,"'I , <- CO , ~~- .~..... -~ r'o) :L1 -~ -.J -"" KEITH GILLIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF VS. CIVIL ACTION IN DIVORCE LAW ALLISON GILLIS, DEFENDANT NO. 02-2554 ORDER AND NOW, thi s 'I .... day of '1 e.6wi consideration of the attached Stipulation Resolving , 2004, upon petition to Transfer Venue, it is hereby ORDERED and DECREED as follows: 1. The present divorce action and all associated and divorce- related claims shall be transferred to the Court of Common Pleas of Wayne County, Pennsylvania; and 2. Venue shall be transferred to Wayne County, Pennsylvania in accordance with Pa.R.C.P. 1006(d). BY THE COURT: - Al Judge KEITH GILLIS, IN THE COURT OF COMMON PLEAS OF C1;MBERLAND COUNTY PLAINTIFF CIVIL ACTION IN DIVORCE LAW VS. ALLISON GILLIS, DEFENDANT NO. 02-2554 s..TIPULATION RESOLVING PETlTION.TO TRANSFER VENUE THIS STIPULATION made this 28 day of JA/)1iA-At by and between Keith Gillis (hereinafter referred to s "Husband") 2004 and Allison Gillis (hereinafter referred to as "Wife"), WIT N E SSE T H: WHEREAS, Husband filed an action in divorce in the Court of Common Pleas of Cumberland County to the above-captioned term and number; and WHEREAS, wife filed a Petition to Transfer Venue requesting that the Court of Common Pleas of Cumberland County transfer venue of the present case to Wayne County, Pennsylvania; and WHEREAS, this Stipulation hereby resolves the Petition to Transfer Venue; and NOW, THEREFORE, intending to be :Legally bound hereby, in consideration of the mutual promises contained herein, the parties covenant and agree as follows: 1. The present divorce action shall be transferred to the Court of Common Pleas of Wayne County, Pennsylvania. E0 3:Jlld HSlIIM GNII ISlIlB 01SSPPE0LS 81:S1 P00G/91/10 2. Venue shall be transferred to Wayne County, Pennsylvania in accordance with Pa.R.C.P, 1006(d). { Ad/__/. 0;--;- ,U MIC~~, E~QU(~ 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 W\R/(f~H(JE~~~~ Attorney I.D. #44274 240 Penn Avenue Third Floor Scranton, PA 18503 (570) 344-4545 Attorney for Defendant ~ KEITH GILLIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PA vs. : NO: 02-2554 ALLISON GILLIS, Defendant CIVIL ACTION - LA W PETITION FOR RULE TO SHOW CAUSE AND NOW, this q, It day of June, 2006, comes the Petitioner, ABOM & KUTULAKIS, LLP, by Jason P. Kutulakis, Esquire, and files this Petition for Rule to Show Cause, and represents as follows: 1. Petitioner is Jason P. Kutulakis, Esquire, attorney for Plaintiff, with offices at 36 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondents are the Plaintiff, Keith Gillis, residing at 2698 Butternut Lane, York, Pennsylvania 17404, and the Defendant, Allison Gillis, whose attorney of record is Mark C. Walsh, Esquire, 3rd Floor, 240 Penn Avenue, Scranton, Pennsylvania 18503. 3. Petitioner was retained on or about May 13, 2002 to represent Plaintiff in the above-captioned divorce action. 4. The parties are presently engaged in a divorce proceeding. Petitioner prepared and filed a Divorce Complaint on behalf of the Plaintiff, which was filed on or about May 24, 2002. .,/ 5. Petitioner drafted various pleadings in relation to the above-referenced divorce matter, as well as engaged in correspondence with opposing counsel to discuss the potential for settlement of outstanding property distribution issues. 6. The Plaintiff has not paid Petitioner in full for services rendered by his law firm to date. Although Petitioner has attempted to correspond with Plaintiff about his account and additional proceedings, those efforts have been unsuccessful. 7. Petitioner believes and therefore avers that Plaintiff has adequate time to find substitute counsel and that neither party will be prejudiced should the court grant Petitioner's request herein. WHEREFORE, Petitioner respectfully requests This Honorable Court enter a Rule upon the Respondents to show cause why Petitioner should not be permitted to withdraw from this case as counsel for Plaintiff. Respectfully Submitted, & KUTULAKIS, L. L. P. Dare: o/~~ L-- P. Kutulakis, Esquire Atto ey ID #80411 36 South Hanover Street Carlisle, PA 17013 Petitioner ./ VERIFICATION I, Jason P. Kutulakis, Esquire, verify that the statements made in foregoing Petition for Rule to Show Cause 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. ~ 4904 relating to unsworn falsification to authorities. DATE CJ )'1/01, ~ ..r CERTIFICATE OF SERVICE AND NOW, thi~ day of ~ 2006, I, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Rule to Show Cause, upon the Plaintiff and Defendant's counsel by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Via Certified Mail- Return Receipt Requested: Keith Gillis 2698 Butternut Lane York, PA 17404 Via regular mail: Mark C. Walsh, Esquire 240 Penn Avenue Third Floor Scranton, PA 18503 Attorney for Plaintiff o c r-.) C.-""'l ~~ c...- c: ~.;'r".... , \.0 o "II .-1 :r: ." n"1~~; 't::- -( .,> ~" , -0 -".'~ _Ji""" t';'? \,j:'J .--..... ~\ r1>lT:''''.r,;C;-/T--''i'-) O. lL~~__r"" ;1;-1, ~ '} .~'1,y__, ~ KEITH GILLIS, Plaintiff I>V. .I-..~ ... . : IN THE COURT OF CO PLEAS' : CUMBERLAND COUNTY, PA JUN 1 2 2006 1 vs. : NO: 02-2554 ALLISON GILLIS, Defendant : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this t't- day of ~"""'- , 2006, upon petition of Jason P. Kutulakis, Esquire, a Rule is hereby issued upon the parties to show cause why Petitioner should not be permitted to withdraw as counsel for Plaintiff. Rule returnable ;L{} days after the date of service of this Order. Service to be by certified mail upon Plaintiff and upon Defendant's attorney of record, Mark C. Walsh, Esquire BY THE COURT: -Ad- J. DLP Q \y \9' " 8 ~ :01 HV ?j Inn!' SDUZ ^"I::l"\'iU~\,-.i'\:-' :)Hl' ~o 1_ ~ ,,_'; i.c.,~I".,O.....il ....J j~)i;!CHIlli:J