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Home My WebLink About00-01530 SANDRA L. BOOK, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00 - IS dO CUlt ~~ JAMES K. BOOK, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the ProthoIlOtary at the Cumberland County Court House, One Courthou~e Square, .Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIllS 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 Phone: (717) 249-3166 "- ',-""'~'~_c-"""-'?_~"r<:~',,_ "",' I--~:"-,~'_--"_"-'- ~,-~~- - ., "" - ~- v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. (J1J_ISJO ~ ~ SANDRA L. BOOK, PLAINTIFF JAMES K. BOOK, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the 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 Section 3302( 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 Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this 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 make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary ~ '''"_..' .,,_, __ -._ c"' . ~ _\ "I' ," _.", "-.' ,,_~'_ "C_~". ." ,- ,> v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 6-0 -/036 ~ -r.;:.....- SANDRA L. BOOK, PLAINTIFF JAMES K. BOOK, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Sandra L. Book, who currently resides at 5 Mountain View Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is James K. Book, who currently resides at 700 Salem Road, Etters, York County, Pennsylvania 17319. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months inunediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 25, 1979, in Camp Hill, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff !' ,< ^ ~':_ _',~c_~",_~..,_~e,__ ~_ .,. F"'<- '..', - _^J',' ."--, -,? ,'-y" "'-V{-~- may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since June of 1999. 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. Plaintiff avers that she is the innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so as to render her condition intolerable and life burdensome. 12. This action is not collusive. COUNTn CLAIM FOR EOillTABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 13. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts, retirement accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 14. Plaintiff is unable to support herself through appropriate employment. 15. Plaintiff lacks sufficient property and income to provide for her reasonable needs. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 16. Plaintiff does not have sufficient funds to support herself and pay the counsel fees 1'1 '1' \___'_"_._~J;'_,,;'__' - -'~"-"-I~-"'"'" ~ ,~ - --~-'''''-' .'", ,'-".._'" ."~"" "w_e.. "', ,+,'~._- ~^__ ~- and expenses incidental to this action. 17. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; c. directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite, Plaintiffs counsel fees and the cost of this suit; and e. for such further relief as the Court may determine equitable and just. JAMES, SMITH, DURKIN & CONNELLY Date J - / ~ -00 < -! ",_",,~, '.C".,," .", ,-'-'"'""" . '_I~_ . _ Co _~ ,~-, -~,.- _ -"!' ~ .. ""'''''-<'--, ~ . -- ., , ", . ~ ~ ~~ VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: j -/3 - 00 ~~ i.~~ Sandra L. Book, Plaintiff I'r > -, ~ -, ,"- ,,'" '- '" ",'- c . ,,~- - ~_'--"'r -'<'.': ,.~__, ~_ .. 4'. "' ,. - ~ -,~ ~ . ~ ~ ~ ~~ 0 0 0 Q ~ c: 0 'T1 ~ ~ ~ --.t ... :x "z ~Crt -OW :>0- mrn :::<J In, ~ C ~ Z:o ::a C' z~ U1 l) 0') ". o () \) ~ ~o C) ~ ~ jCi -0 ~.~ j ~o, ::J: ~ I >8 ~ ~ r.v~ ~ .. -....} z ~ ~ " &J =< ~ Q'\ r t ~ J ~ (""-. ~ - ,._~. .e- ,,'V.', / "',' ,-'" ~"-"',~ "'"" ~,~'"''-'' r _'!!'I'~_.;~,,,,,,,'?<7_,_"_._,~,~,=,,, ,'''''''.' ~_", ..}." .~~~ ~ SANDRA L. BOOK, Plaintiff v. :: IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 00 - IS"J(5 e,,(.)~L '-r~ JAMES K. BOOK, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO ENTER SOCIAL SECURITY NUMBERS TO THE PROTHONOTARY: Please enter the following social security numbers in the above-captioned divorce action: Sandra L. Book 209-46-2486 James K. Book 165-38-2084 Date: ~- /,3- {)() !"". ~, - . ~_.." " - -"1'"'-''''''''' -:,"'._'~' ^,o . '. lr. ... '~ ~ ~!fi :z:C" [t~ ~Cl l~ ~ Q Q ~ :::I:: "I'j ~ f?;, - ,~ ;'.,' !': ('5fti; ~ ~ ~ - " " .,,~ ,- " "'" <.' "~ .~~ ~~"'~.~1ff~~JI~'1I! - I. H 105.157 AEV.8.aO COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS 00- C'v.L DIVORCE RECORD OF OR ANNULMENT (CHECK ONEl 0 STATE FILE NUMSER STATE riLE DATE 17im fJ5e.LAMJD 181 HUSBAND NAME '" . "'" L ~..,.lFimJ , -rn- '-' RESIOENce SbaeI'", R.D. (){) Sf/tEfJ1 - /cfl. II -6: or onngn unrry, 2. 5. NUMBER OF THIS MARRIAGE OTHe~fy. WIFE 12. NUMBER OF THIS .'IIIARA. PUCE OF OF THIS ....ARRIAGE i"4UMSEA OF CHI OREN THIS ....AAAtAGE NUMSER OF HUSBAND WIFE CHILDREN TO 0 I7':l CUSTODY OF uaJ OATE OF DECREE leoum.l (StlhtOl'Frnign O:JtmtIyJ 16. OATEOF TH'S MARRIAGE IFe 9. DATE OF BIRTH 11. Pl.ACE IA OF n BtATH PA ION nAY (!Au O!EI./} To/( (MonrItJ 'fhfyJ Year} ~-- '5-'7q lMonrlJJ 'DIIvJ y~ j5-/ g- -5w pE:;;:U-;~1 a. MAIDEN NAME 51.0 10. RESIDENCE 5/IJo >S. 17A. 178. NUMBER OF DEPENDENT CHIL- OAEN UNDER ,. lL P\.A1NT1FF HUSBAND o OTHER (Sacify) o HUSBAND o WIFe OTHER (.$oIcifyi o 20. SPUT CUSTOOY o OTHER ISpllCifyl o 21, 22. [MontIJJ I"",,, (Y.r} 23. ME .... -- 24. SIGNATURE OF TRANSCRIBING CLERIC :;1'- ~ I ~"~- T" I~ " L SANDRA L. BOOK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-1530 JAMES K. BOOK, Defendant : CML ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF DAUPHIN ANDNOW,this~q1lt day of ~ , 2000, personally appeared before me, a Notary Public in and for the State and County aforementioned, Jolm J. Connelly, Jr., Esquire, who, being duly swom according to law, deposes and says that a copy of the Complaint in Divorce was served on the Defendant, James K. Book, on March 24, 2000 by certified mail number 70993400000929160861, addressee only, return receipt requested, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed beforem~_ day of ,2000. ~ .4i-MilJu Notary Public NOTARIAL SEAL Jean L. Kosier, Notary Public City of Hummelstown,County of Dauphin My Commission Expires Feb. 9, 2004 r- "1 -"',- ,- 'I' ,-, --"- ,~," ,~ .", ... b~mplete jt~ms 1, 2, -~d- i Nso '~omplete ftem 4 if Restricted Delivery is desired. . Pt\int your name and address on the reverse Sd that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front jf space permits. 1. Article Addressed to: f~es X '&;oA:. 7t:7cJ oa/erz A:bad F&ers;/'/l /Ylf 3. Service Type ..k'Certified Mail 0 Express Mail o Registered 0 Return ReceipHor Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) $Sf" Yes 102595.99-"1-1789 " ',I' "'I .. ~ I; " 0 c:;.' LJ ~ C> .t) :s. ':-'lr -:'! -Om ~; "'. n1rn '"';'--;-''/ Z::r.) 655;. r) "IC:J . _..J I -<...c... :iC) ~C) .- 'I ;Po ~ ::] ~O ~~.l "_:~: ;~~1 Pc ~ ~ -1' SJ -.l -< , Legal Caption SANDRA L. BOOK, Plaintiff v. JAMES K. BOOK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1530 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Statement of Intention to Proceed To the Court: Date: 9-26-03 Sandra L. Book The Supreme Court o[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. L 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 procedute 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." Rille 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 Rule23 O( 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 (d)(3) 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 thenotice 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. ~ -^ ,~ ., "',- - < -~<, " , .",'~" _..' " -- ~ -" ." '~Jd' ~-~ "_._W_A -^~""6""'~~h-' '<_,,_ _,~ ^_'~_ "_. a 0 0 ~ W -n rJ) ~i -0 OJ r'1 ~>l g?;rn -0 nl-;:=; --p ~::5tS Zf" !'.) (p'"' \t:J ;'" 1., <"'7 u, r-..:C -I' ~-1:~~' I<:: .--n ;Zc ..-";..... ,'J-- '",,0 ,,:.-rn ~O r:- ~ c: ~ p- ... ~ - ,--" ~, ~\!Il!!fflI! ,~_,,_'p_ "'_c. "'[__~__'; ,~ ,1!1_.,