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Home My WebLink About00-03187 .. .. - FREDERICK L. ALLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 2000~"31 '81 CIVIL TERM JUDY J. ALLEMAN, 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone: (717) 249-3166 ,i I II . .. - FREDERICK L. ALLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO,2000- 31n CIVIL TERM JUDY J, ALLEMAN, Defendant CIVIL ACTION-LAW COMPLAINT UNDER SECTIONS 3301 (Cl AND 3301(0) OF THE DIVORCE CODE 1, Plaintiff is Frederick L. Alleman, an adult individual who currently resides at 3 Mt. Rock Road, Newville, Cumberland County, Pennsylvania, 2. Defendant is Judy J. Alleman, an adult individual who currently resides at 3 Mt. Rock Road, Newville, Cumberland County, Pennsylvania, 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 28, 1969, in Cumberland County, Pennsylvania, COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above, 6, There have been no prior actions of divorce or for annulment between the parties as to their current marriage. .1 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States, < ~ - - - 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9, The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above, 11 , The parties have acquired personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property, WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, ~j}~ ERER Date: ~! I "t( V"b David A. Baric, Esquire I.D, #44853 17 West South Street Carl isle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Frederick L. Alleman 11 ~. - ~ VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C,S. S 4904, relating to unsworn falsification to authorities, rf~k';Q J' (1~ Frederick L. Alleman Date: S- / ;9 / no II " ~ r ..... ". H ." _ Legal Caption - ~~~ L AlI~~ - j, J~ J,AUeMA~ Statement ofIntention to Proceed ' -~. I To the Court: ,J U ~ - \. Ii II cm~tends to proce~ v;J...;th the above captioned matter Date: q~ (,~-o.3 Qo.Se -#- ..100~ '3l.f'7 Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the temrination of inactive cases and amended Rule of Judicial Administration 1901, Two aspects of the recommendation merit co=ent. 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 190 I 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 11 04 (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 acco=odate the uew 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, IT 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 temrinating 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 temrinated when a party believes that it should not have been temrinated, that party may proceed under Rule230( d) for relief from the order of temrination, 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 temrinate 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 temrination 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 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 instauce, the aggrieved party may pursue the remedy of a co=on law non pros which exits independently oftermination under Rule 230,2. ~"h _~~.mliJl"'","iij;;::";,,~,''''d::.'''''J<;l"'''':''r.E.,,,~..w~fJ!l/t.~''~" , L iMiiii'i1rli!l~~!\l'<!i~.~- ,> , ~~ '"' _r,", "'~ ',," , (") C Z ""\:JOS rnp' Z,:'T' 7:S~, ~:, ~~~~ ~'-u ~j;c ~ ,. ~"' :,n '-q ~ c' ,tr I CO I'j~? 'IS?~ --, ~ -< -"0 -- r.:: w '0 ".' ,,~