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Home My WebLink About02-5043MYRA L. WINSLOW, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW I NO. o:? - SGy3 C??uLl?-?^1 ROBERT T. WINSLOW, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS TO: Robert T. Winslow 905 Manor Road Windsor. PA 17366 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. 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 at the Cumberland County Courthouse, One Courthouse Square, 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 17013-3387 PHONE: (717) 249-3166 Document #: 2426367 MYRA L. WINSLOW, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ? V. CIVIL ACTION -LAW NO. UZ - SGS(3 ``v?(?ErL ROBERT T. WINSLOW, Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff, Myra L. Winslow, is an adult individual currently residing at 25 South Pitt Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Robert T. Winslow, is an adult individual currently residing at 905 Manor Road, Windsor, York County, Pennsylvania, 17366. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on January 17, 1985, in York County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provision of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. Plaintiff's Social Security number is 184-54-1967, and Defendant's Social Security number is unknown. 7. There was a prior action of divorce in the State of Alabama. 8. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Document N: 2426361 9. There were two (2) children born of this marriage: Nicole Winslow (d.o.b. 07/09/87) and Robert Winslow, II (d.o.b. 03/05/85). COUNT I - DIVORCE 10. The averments of paragraphs 1 through 9 hereof are incorporated herein by reference as if fully set forth. 11. The marriage is irretrievably broken. 12. The parties have been living separate and apart since April 30, 2002. 13. Plaintiff requests the Court to enter a decree of divorce, divorcing Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 14. The averments of paragraphs 1 through 13 hereof are incorporated herein by reference as if fully set forth. 15. During the marriage the parties acquired marital property, assets, and debts which Plaintiff requests the Court equitably distribute and assign. WHEREFORE, Plaintiff requests that this Court enter a decree in divorce, enter an Order equitably distributing marital property, and enter such other Orders as are appropriate and just. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: A\i, V - By _,C? X Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document 4: 242636.1 VERIFICATION I, Myra L. Winslow, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Myra L. Winslow Date: k?)4? Document #: 2426361 o w ? ? MYRA L. WINSLOW, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 0,_ ., SQ V3 ROBERT T. WINSLOW, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Andrew C. Spears, Esquire, counsel for Plaintiff, Myra L. Winslow, in the above captioned action, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant, Robert T. Winslow, by certified mail, return receipt requested, and regular mail on October 22, 2002. The certified mail came back unclaimed; however, the copy sent regular mail has not been returned to our office, therefore, Defendant is deemed served on November 6, 2002. Attached hereto and marked as Exhibit "A" is a copy of the letter sent via regular and certified mail. Also attached hereto and marked as Exhibit "B" is a copy of the envelope returned and marked unclaimed. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Andrew C-Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: 1 \ -\,T Document #: 245704.1 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 October 22, 2002 VIA CERTIFIED MAIL #70012510 0000 2435 7764 RETURN RECEIPT REQUESTED AND U.S. MAIL Robert T. Winslow 905 Manor Road Windsor, PA 17366 O Re: Myra L. Winslow v. Robert t. Winslow Dear Mr. Winslow: Other Offices Colonial Park Mechanicsburg 717-652-7020 717-691-5577 Millersburg Shippensburg 717-692-5810 717-530-7515 Enclosed please find an important legal document. You should take this document at once to n your attorney. Very truly yours, y METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Andrew C. Spears ACS:cI Enclosure Exhibit A Document #: 2443103 James E Carl Edward E. Knauss, IV* Jered L. Hock Steven P. Miner Clark DeVere Francis J. Lafferty IV David H. Martineau Andrew W Norfleet Melissa L. Van Eck Andrew C. Spears Young-Suh Koo " Board Certified in civil trial law and advocacy by the National Board of Trial Advocacy N: ti .W. I ' e I;v r-ri rn c C? rM cf) r+'+ CIO O r ZZ O O _ G ?o p;j >o= 0 b- cnc)n ?- 13130? I'ME CA ommcc3mz p d lcw C-0 S mm ;C 4 5 t TO 1 4 .y a m xp? ) ?z X O fD a ~ T N O T O i O N 0 C3 _ ru u- r Exhibit B n ? - „ > - C -? 4 OD MYRA L. WINSLOW, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW ROBERT T. WINSLOW, NO. 02-5043 Civil Term Defendant IN DIVORCE INCOME AND EXPENSE STATEMENT OF MYRA L. WINSLOW Employer: None Address: None Type of Work: None Payroll Number: None Pay Period (weekly , biweekly, etc.): None 311543-1 Other: NET PAY PER PAY PERIOD: I None 311543-1 OTHER INCOME: WEEK MONTH YEAR Interest None Dividends None Pension None Annuity None Social Security None Rents None Royalties None Expense Account None Unemployment Comp. None Workmen's Comp. None TOTAL OTHER INCOME: None TOTAL MONTHLY NET INCOME: None 311543-I HOME: Mortgage/rent Maintenance Repairs UTILITIES: Electric Gas Oil Telephone Water Sewer/Garbage EMPLOYMENT: Public Transportation Lunch TAXES: Real Estate Personal Property Income * Paid b ** Y GIA Minisale Paid by Robert Winslow WEEKLY I MON LHT Y $360.00* None None None $30.00* None $200.00* None None None None None YEARLY 311543-1 INSURANCE: Homeowners None* Automobile Life None Accident None Health Other None None AUTOMOBILE: None Paid by GLA Minisale ** Paid by Robert Winslow $65.00- 311543-1 C7 ^' cs p ca r ,l c? --i F11 -n j bV C-7 L, co `7 co ,\F tL 9120/04 LE\Generel\Cmtcni\ J"113Zpal Revered 9/?0/04 Nevfscd: 2/2W05 11 42A 42AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MYRA L. WINSLOW Plaintiff V. ROBERT T. WINSLOW, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5043 CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please withdraw the appearance of Metzger Wickersham Knauss & Erb on behalf of Plaintiff in the above matter. METZGER WICKERSHAM KNAUSS & ERB By: (A'-e / Andrew C. Spears, Esquire I.D. No. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 (717) 238-8187 Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Plaintiff in the above matter. Date: ?j'I W 0? MARTSON DEARDORFF WILLIAMS & OTTO By Je ife L. pears, Esquire I.D. No. 87445 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Robert T. Winslow 905 Manor Road Windsor, PA 17366 MARTSON DEARDORFF WILLIAMS & OTTO ricia D. Eckemoad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ')") S =?7 ?> ??> <?,a G? -n i?' ' ._? f i' rs??.:.: ? ?;5?: -??55 , S G%? -. (V -? 'K> ? ] 3 ,=t..' ? 1 ? . . ?c Pw) > ,Y ? .t _ FiPI LES\DATAFILE\GalenaACuiTen[\ 11371 29. remkename Cre:ned. 9/20,04 0'.06PNI Rovacd 1 10/05 1 36PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MYRA L. WINSLOW Plaintiff V. ROBERT T. WINSLOW, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5043 IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter hereby elects to retake and hereafter use her previous name of Myra Lynne McWilliams, and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 2, 54 Pa. C.S.A. Section 704. (Signature - married name) (Signa ure - to be known as) COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On the 64-? day of "`i" A, before a Notary Public, personally appeared known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have Notarial Seal Pamela J. fvladden, Notary Public "oSt Pennsboro Tv,p.. Cumtrerland Courly IVy C31*vnis:ior' iF 10-res Der. 19, 2005 n ra-r, Pu 'Sylvania Association \o I"d: my hand and Notarial Seal. Notary Pub ?> 1 ^? V "? 1 `??? =?? ?a {? W (?( ?'c N C? `-' 'j7 ?? c:'+ "'? -y _.". r ??, CJ { ? `i7 (_^. Tq: S\PATA LE\Ge,.AC.M\I 1371.27.mod.o .n o t& Revd: 7/11/06 9'.09AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MYRA L. McWILLIAMS, f/k/a MYRA L. WINSLOW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ROBERT T. WINSLOW, Defendant NO. 02-5043 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES ANDNOW, comes the Plaintiff, Myra L. McWilliams, f/k/aMyraL. Winslow, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and in support of her Motion to Compel Answers to Interrogatories and Request for Production of Documents, avers as follows: Plaintiffis Myra L. McWilliams, f/k/aMyraL. Winslow ("Wife"), who currentlyresides at 207 Jody Drive, York, PA 17402. 2. Defendant is Robert T. Winslow ("Husband'), who currently resides at 905 Manor Road, Windsor, PA 17366. The parties hereto are spouses, having been married on January 17, 1985. 4. On October 17, 2002, Plaintiff filed a Complaint in Divorce against Defendant requesting equitable distribution of marital property. In order to develop the economic claims properly, Interrogatories and Request for Production ofDocuments were filed and served on Defendant on May 22, 2006. A true and correct copy ofthe transmittal letter serving said Interrogatories and Request forProduction ofDocuments is attached hereto as Exhibit "A." 6. Plaintiffs Interrogatories were served in accordance with Pa. R.C.P. 1920.22 (b), and were to be answered within thirty (30) days. Despite another attemptby letter dated June 26, 2006, (a copy ofwhich is attached hereto as Exhibit` &), to Defendant to request his discoveryresponses, the responseshave not been received and is now more than thirty (30) days since the Interrogatories and Request for Production ofDocuments were served. Defendant's responses to Plaintiff's discovery requests are essential to the proper development and presentation of Plaintiff's case. Without said responses, Plaintiff's case is unduly prejudiced. 9. Defendant has no phone and cannot be reached except by mail. 10. The Defendant has raised no objections in lieu of answers. 11. The Defendant's conduct has been totally unjustified and dilatory, and has required this Motion to be filed. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order compelling the Defendant to answer Plaintiff s Interrogatories and produce all ofthe documents requested in Plaintiff s Request for Production ofDocuments within ten (10) days from the entry of such Order, and upon the Defendant's failure to do so within the time allotted, to suffer sanctions to be imposed by further order of the Court, and further that Defendant shall pay Plaintiff's attorney's fees in the sum of Three Hundred dollars ($300.00) for preparation, filing and disposition of this Motion. MARTSON DEARDORFF WILLIAMS & OTTO B / lb?pvl? Y Jennie er L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: (I, l?? Attorneys for Plaintiff NpW?o i0' % . iI., 5.. C•i. .. Pi . .... hna.?i ..-,... May 22, 2006 Mr. Robert T. Winslow 905 Manor Road Windsor, PA 17366 RE: Myra L. Winslow v. Robert T. Winslow Our File No. 11371.27 Dear Mr. Winslow: I A. ?.? ? III R:, lip,.. Enclosed are Plaintiffs Interrogatories and Plaintiff's Request for Production ofDocuments. You have 30 days to respond completely, or we will file a Motion to Compel and request reimbursement for Myra's attorney's fees in filing the Motion and your failure to comply. If we need to file a Motion to Compel, you will have to appear before a Judge. We look forward to receiving the requested documents. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO Jennifer L. Spears JLS/tde Enclosures cc: Ms. Myra McWilliams r ,nLi S DA] AI ILL\Ga ieraCCunrnt, i i ] 7 i z- ned EXHIBIT "A" Ntt????o 17 F1 ''M June 26, 2006 Mr. Robert T. Winslow 905 Manor Road Windsor, PA 17366 RE: Myra L. Winslow v. Robert T. Winslow Our File No. 11371.27 Dear Mr. Winslow: 0 It hasbeen over 30 days since you received our discovery requests. I enclose another copy for you in case you misplaced them. Please note that if I do not have the complete responses in myofficebyFriday, July 7, 2006, I will be forced to file a Motion to Compel with the court. This means the court will schedule a hearing to order you to turn over the information to me. I will ask for sanctions to include attorney's fees and to preclude you from presenting any evidence to contradict ours at future proceedings in this matter. I will be filing the Motion on July 10t° if I do not have your complete responses prior to that date. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO Jennifer L. Spears JLSltde Enclosures cc: Ms. Myra McWilliams F FILESI"ATAFILE?G<nemiTum n011!71 27.rw4 EXHIBIT "B" VERIFICATION The foregoing Motion to Compel is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language ofthe document is that ofcounsel andnot myown. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best ofmyknowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that ifl make knowingly false averments, I maybe subject to criminal penalties. c Myra L. cWilliams f/k/a Myra L. Winslow F:\F S\DATA LMGencr"=u \113)12)mtio OnWl CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Mattson Deardorff Williams & Otto, hereby certify that a ropy ofthe foregoing Motion to Compel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Robert T. Winslow 905 Manor Road Windsor, PA 17366 MARTSON DEARDORFF WILLIAMS & OTTO Y ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated:4 #(07#* ,; ?? ?? J' .? ` ( . _7? T S t.'_ ?i ?J.3 M MYRA L. McWILLIAMS, : f/k/a MYRA L. WINSLOW,: Plaintiff V. ROBERT T. WINSLOW, Defendant 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5043 CIVIL TERM ORDER OF COURT AND NOW, this 14a' day of July, 2006, upon consideration of Plaintiff's Motion To Compel Answers to Interrogatories, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. ,/Jennifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff .4(obert T. Winslow 905 Manor Road Windsor, PA 17366 Defendant, pro Se :rc BY THE COURT, ?`7 It t l ??Lj I \F: \FILES\DATAFILE\General\Current\ 11371.27.pet 1 \tde Revised: 9/26/06 10: 47AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MYRA L. McWILLIAMS, f/k/a MYRA L. WINSLOW Petitioner/Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5043 CIVIL ACTION - LAW ROBERT T. WINSLOW, Respondent/Defendant IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, Myra L. McWilliams, f Va Myra L. Winslow, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows: 1. Petitioner filed a Motion to Compel Answers to Interrogatories on July 11, 2006. 2. A Rule was issued on July 14, 2006. 3. By correspondence dated July 11, 2006, Petitioner served Respondent with the Rule. 4. To date, Respondent has not filed an Answer to Petitioner's Motion to Compel, nor has he provided answers to Petitioner's Interrogatories. WHEREFORE, Petitioner prays this Honorable Court to enter an Order: a. imposing sanctions upon Respondent and b. direct Respondent to pay Petitioner's attorney's fees in the sum of Three Hundred dollars ($300.00) for the preparation, filing and disposition ofPetitioner's Motion to Compel and Petition to Make Rule Absolute; and C. preclude Respondent from presenting evidence or testimony relating to the information requested in Plaintiff's Interrogatories at any proceeding before the Divorce Master on equitable distribution if it would contradict Plaintiff s evidence or testimony. MARTSON DEARDORFF WILLIAMS & OTTO By Jennife L Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 26, 2006 Attorneys for Petitioner/Plaintiff CERTIFICATE OF SERVICE L Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Make Rule Absolute was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Robert T. Winslow 905 Manor Road Windsor, PA 17366 MARTSON DEARDORFF WELLIAMS & OTTO c- ricia D. Eckenroad FT Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 26, 2006 ' Q ?y Q "tip t ? ? e ) t r ' 1. ( MYRA L. McWILLIAMS, : IN THE COURT OF COMMON PLEAS OF f/k/a MYRA L. WINSLOW, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW ROBERT T. WINSLOW, : Defendant NO. 02-5043 CIVIL TERM ORDER OF COURT AND NOW, this 4`h day of October, 2006, upon consideration of Plaintiff's Petition To Make Rule Absolute, the Rule issued on July 14, 2006, is made absolute and Defendant is directed to serve answers without objections to Plaintiffs interrogatories within 20 days of the date of this order. /e`nnifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff Xobert T. Winslow J 905 Manor Road Windsor, PA 17366 Defendant, pro Se BY THE COURT, esley Ole Jr., \p. :rc Fv fa./ :C g!?j c- 1?110 SON \F:\FILES\DATAFILE\General\Curent\ 1 1371.27.consentwaiver Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MYRA L. MCWILLIAMS, f/k/a IN THE COURT OF COMMON PLEAS OF MYRA L. WINSLOW, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 02-5043 CIVIL ACTION - LAW ROBERT T. WINSLOW, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on October 17, 2002. 2. The marriage ofPlaintiff and Defendant is irretrievablybroken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: 16/z? A ? Robert T. Winslow, Defendant a µsl CO MYRA L. McWILLIAMS f/k/a MYRA L. WINSLOW vs ROBERT T. WINSLOW Case No. 02-5043 Statement of Intention to Proceed To the Court: Plaintiff intends to proceed with the above captioned matter. Print Name Jennifer L. Spears. EsgSignName Date: 10/21/09 Attorney for Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (dx3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. MYRA L. WINSLOW, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 02-5043 CIVIL ROBERT T. WINSLOW, Defendant IN DIVORCE ORDER AND NOW, this i 2 ' day of January, 2010, our order of January 8, 2010, is VACATED as having been improvidently entered, and the appointment of the Master is REINSTATED. / Jennifer L. Spears For the Plaintiff Robert T. Winslow, Pro Se Defendant rlm l..'~a~'¢S m~c~l.. ~/,3/,v BY THE COURT, .~ ~ ~ Kevin .Hess, P. J. n c o =„ _ ~ .~, ; ~y ; r N i'~. ~ -a ,_~ . :.~_ - _. -a ~~; . _ ~r~; ~:. ~ ~ MYRA L. WINSLOW, Plaintiff vs. ROBERT T. WINSLOW, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 5043 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~~ day of , 2010, an order having been entered terminating the above-captioned proceedings for lack of activity, the case having been terminated in accordance with PA.R.C.P 230.2, the appointment of the Master is vacated. BY THE COURT, ~l Kev' A. Hess, P.J. cc: Jennifer L. Spears Attorney for Plaintiff c7 0 r_ -~.. ~__: c- 7t Robert T. Winslow r;'r i TT Defendant (Pro se) ~ '~~~r=' r1~ i-., ~ -Ct m -c aj -=:i C7 f: ~, 1 eon ~ ~ .-~..~ ~ .~~ ~_ ~, ~~ ~, J':~... ~ ` rC'3 ` ~ ~rY1 -~' ~ Curtis R. Long Prothonotary ®ffice of t~je ~~ot~jor~ot~~p ~urrt~erCRnb ~ountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Off- .S'1~~/3 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE 1N ACCORDANCE WITH PA RCP 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6195 Fax (717) 240-6573 0£i350112282009 Cumberland County Prothonotary's Office PYS51.0 Civil Case Print 2002-05043 WINSLOW MYRA L (vs) WINSLOW ROBERT T Reference No... Case Type.....: COMPLAINT - DIVORCE Judgment...... 00 Judge Assigned: OLER J WESLEY JR Disposed Desc.: PURGED ------------ Case Comments ------------- Page 1 Filed......... 10/17/2002 Time.......... 1:21 Execution Date 0/00/0000 Jury Trial.... Disposed Date. 10/28/2009 Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info WINSLOW MYRA L PLAINTIFF SPEARS JENNIFER L 25 SOUTH PITT STREET APT 2 CARLISLE PA 17013 WINSLOW ROBERT T DEFENDANT 905 MANOR ROAD WINDSOR PA 17366 ******************************************************************************** * Date Entries * ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 10/17/2002 COMPLAINT - DIVORCE ADDL COUNT II - EQUITABLE DISTRIBUTION ------------------------------------------------------------------- 11/19/2002 AFFIDAVIT OF SERVICE - COPY OF THE COMPLAINT IN DIVORCE WAS SERVED UPON DEFT ROBERT T WINSLOW - ANDREW C SPEAR ATTY FOR PLFF ------------------------------------------------------------------- 8/24/2004 MOTION FOR APPOINTMENT OF MASTER BY ANDREW C SPEARS ESQ FOR PLFF ------------------------------------------------------------------- 8/25/2004 ORDER APPOINTING MASTER DATED 08-25-04 E ROBERT FLICKER IS APPOINTED MASTER WITH RESPECT TO THE EQUITABLE DISTRIBUTION - SECTION 3301(D) OF THE DIVORCE CODE CLAIMS - BY THE COURT GEORGE E HOFFER PJ - COPIES MAILED AND ORIG PLACED IN FLICKERS FILE ------------------------------------------------------------------- 10/Ol/2004 INCOME AND EXPENSE STATEMENT OF MYRA L WINSLOW -- ----------------- ----------------------------- 3/02/2005 PRAECIPE TO WITHDRAW PLFF - BY ANDREW C SPEARS ESQ AND ENTER APPERANCE FOR PLFF - BY JENNIFER L SPEARS ESQ FOR PLFF ---- ------------------ ---------------------------------- 5/10/2005 NOTICE OF INTENTION TO RESUME PRIOR NAME TO MYRA LYNNE MCWILLIAMS ------------------------------------------------------------------- 7/11/2006 PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES BY JENNIFER L SPEARS ATTY ------------------------------------------------------------------- 7/14/2006 ORDER OF COURT - 07-14-06 - IN RE: RULE ISSUED UPON DEFT TO SHOW CAUSE WHY RELIEF REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE WITHIN 20 DAYS OF SVC - BY J WESLEY OLER JR J - COPIES MAILED 07-17-06 ----------------- - ----------------------------------------- 9/26/2006 PETITION TO MAKE RULE ABSOLUTE - BY JENNIFER L SPEARS ATTY FOR PLFF ------------------------------------------------------------------- 10/05/2006 ORDER OF COURT - DATD 10-04-06 - THE RULE ISSUED ON 07-14-06 IS MADE ABSOLUTE - DEFT TO SERVE ANSWERS WITHOUT OBJECTIONS TO PLFF INTERROGATORIES WITHIN 20 DAYS OF THE DATE OF THIS ORDER - BY THE COURT J WESLEY OLER JR - COPIES MAILED ------ ---------- ----------------------------------- 10/27/2006 AFFIDAVIT OF CONSENT - DEFENDANT ------------------------------------------------------------------- 10/28/2009 ORDER OF TERMINATION OF COURT CASES - AND NOW THIS 28TH DAY OF OCTOBER 2009 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 - BY THE COURT - CURTIS R LONG - PROTHONOTARY - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beq Bal P~rmts/Ad~ End Bal ******************************** ******** ****** ******************************* 0835012282009 PYS51^0 Cumberland County Prothonotary's Office Civil Case Print 2002-05043 WINSLOW MYRA L (vs) WINSLOW ROBERT T Reference No... Filed......... Case Type.....: COMPLAINT - DIVORCE Time.........: Judgment...... 00 Execution Date Judge Assigned: OLER J WESLEY JR Jury Trial.... Disposed Desc.: PURGED Disposed Date. ------------ Case Comments ----------- -- Higher Crt 1.: Higher Crt 2.: DIVORCE 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 MASTER'S FEE 125.00 125.00 .00 DIV PA SURCHG 10.00 10.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 ADD'L COUNTS 10.00 10.00 .00 JCP FEE 5.00 5.00 .00 MAIDEN NAME 7.00 7.00 .00 - --- -------------- 207.50 ---------- 207.50 ------- - .00 Page 2 10/17/2002 1:21 0/00/0000 10/28/2009 ******************************************************************************** * End of Case Information ******************************************************************************** MYRA L. WINSLOW, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 5043 CIVIL ROBERT T. WINSLOW, . Defendant IN DIVORCE ORDER OF COURT AND NOW, this y ~~ day of , 2010, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated April 27, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, ~j ~ Kevin Hess, P.J. cc: nifer L. S ears P Attorney for Plaintiff ~ b Ro ert T. Winslow ~ o Defendant -~ r ~ --~ ~ ~ ~ ~ V ~ ~ 17 /~ ~~ i/ U? a•:,~ ~ ~ .~ ~ ~ `~ E F ~ ...- ~ , '`= t'l Q 'p to - G