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HomeMy WebLinkAbout02-5773 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA KATHLEEN J. SMITH, PLAINTIFF, Civil Action---Divorce Docket No. ();J ~~'~7J C!I(J~( T~~ V. DON R. SMITH, DEFENDANT, NOTICE TO DEFEND AND CLAIM OF 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. 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 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA KATHLEEN J. SMITH, PLAINTIFF, Civil Action--- Divorce Docket No. V. DON R. SMITH, DEFENDANT, A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cameron County Court of Common Pleas, East 5th Street, Emporium, Pennsylvania 15834. SI USTED NO RECLAMA PENSION ALlMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DlVORCIO 0 ANULlAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS.USTED DEBELLEV AR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. V AYA 0 LLAME A LOFFICINAINDlCADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASIS TEN CIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 171 01 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYL VANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)nm--Indignities 23 Pa.C.S. & 3301(c)----------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301 (d)----m---Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA KATHLEEN J. SMITH, PLAINTIFF, Civil Action---Divorce Docket No. D~ -...<:"-"} 13 CIUCL'J~ V. DON R. SMITH, DEFENDANT, COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES I. Plaintiff is Kathleen J. Smith, an adult individual, sui juris an who currently resides at 4 Wesley Drive, Carlisle, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Don R. Smith, an adult individual, sui juris, who currently resides at 4 Wesley Drive, Carlisle, in the County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the 28th day of July, of 1984, in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since November of2002. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. II. The parties do have two biological children born within the marriage. 12. The parties have not heretofore entered into any written agreement as to support, Alimony, or property division. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 330l(c) of the Divorce Code. Gr ory S. , squ Horney for Plaintiff 20 South Market Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa C.S. & 4904, relating to unsworn falsification to authorities. ~/ Plain Date: 11j~6/():{ / fJf\~ S> l/) ~ 0 lU ~ F t ~ ~~ <>a tv )v D 'N CY ...... w ~ - C; r-. (.:-; ., '--' t'...l " ~.~ ~ :-'.. :,"~ -(")1., ~l-, ' :!,,~ I (~', '-; :_) ~'.. . C'.:_, ( J in l. :.c:; ~~. S_~_..", .. -' ':..J .J :< ..~ =< ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEAL TH OF PENNSYLVANIA KATHLEEN J. SMITH, PLAINTIFF, Civil Action---Divorce Docket No.():J.~5773 C lV~ l TfrfA1 V. DON R. SMITH, DEFENDANT, NOTICE TO DEFEND AND CLAIM OF 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOUMAY 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 A VENUE Carlisle, Pennsylvania 171 01 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KATHLEEN J. SMITH, PLAINTIFF, Civil Action---Divorce Docket No. V. DON R. SMITH, DEFENDANT, A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tom are accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion rec1amados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cameron County Court of Common Pleas, East 5th Street, Emporium, Pennsylvania 15834. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEV AR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEP AGAR UN ABOGADO. V A Y A 0 LLAME A LOFFICINAINDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASIS TEN CIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 171 01 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C,S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301 (c)----------Irretrievab1e Breakdown; Mutual Consent 23 Pa.C.S. & 330 1 (d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEAL TH OF PENNSYLVANIA KATHLEEN J. SMITH, PLAINTIFF, Civil Action---Divorce Docket No. V. DON R. SMITH, DEFENDANT, AMENDED COMPLAINT UNDER SECTION 330HC) OR 330HD) OF THE DIVORCE CODE PARTIES 1. Plaintiff is Kathleen J. Smith, an adult individual, sui juris an who currently resides at 4 Wesley Drive, Carlisle, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Don R. Smith, an adult individual, sui juris, who currently resides at 4 Wesley Drive, Carlisle, in the County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the 28th day of July, of 1984, in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been a prior action initiated by the defendant in this action, who filed as the plaintiff in a divorce complaint filed in the Court of Common Pleas of Cameron County .. on the 18th day of February 2000 and which was dismissed on the 26th day of December 2002. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) ofthe Divorce Code, the parties have been living separate since November of2002. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. The parties do have two biological children born within the marriage. 12. The parties have not heretofore entered into any written agreement as to support, Alimony, or property division. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. GREGORY S. HAZLETT, ESQUIRE A TTORNE COUN LOR AT LAW VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. 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: / /JO / D. '3 / I o ~ :R g;{., Z:n 35~:,: ~6 ~o $0 c z ~ ~ o (A) c.... ):::- :z N N -0 ::x N W (1' o -n ._~ :r~ -n f; +i== -,-)i-n -:")0 ._~ ' '::1(:' ~r: =ii ,-) , 5-Q cyn -I ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KATHLEEN J. SMITH, Plaintiff, No. 02-5773 v. Civil Action - Divorce DON R. SMITH, Defendant ACCEPTANCE OF SERVICE I Don R. Smith, accept service of the Complaint in Divorce, Notice to Defend and Notice of Availability of Counseling in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. o /01./03 Date I v~ K. JrnjJ,,\ Don R. Smith, Defendant or Anthorized Agent ~ling~~~ll.l Dr C<A.rt sl t PA 110 I 3 o ~ -OlD n1rrl Z::o Zc- (j) 'c.: r:;;(: ,<.. ~l'; L ~ ~ 5>0 c. ~ o w c... c:: r- I o " ...., .", ;'ii.~ -nm ijy -;0 ::'=H .:::)-~ -,,0 ::~rn :i; -< """ :::0: 'f? ;:- en kct+h Ip~N S Ii' fA vs Case No. 62- S773 j)(!)N R, S' Nt fit Statement of Intention to Proceed To the Court: !cCJA..Alff>W S/-1r+A PrintN.me G~''i S' .l-JozI".qignN,,", D.t,,~ Art 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. 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 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 (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 instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently oftermination under Rule 230.2. :~J ;"i-; c": -'C c:: " X,cum Ie en J Sm IfJJ vs Case No. 02 - :)7 7 ~ Don f< Smifh Statement of Intention to Proceed To the Co~t: /~ 0. ih / e e r) Date: IV - /5- 00J J. "-- ~r) I fA intends to proceed with the above captioned matter. J .rtrlifJs;gnNmne~4:(Tfi j~ Attorney for Print Name X a fh / e en 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 190 I. Two aspects of the recommendation merit comment. 1. 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 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 190 I." 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 prosecure." If a parry wishes to pursue the mauer, 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 (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 instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. -:."" :;; n ,= 'Tl c...... o C..) -; -.J ~ "-.' 1'-0 1',) C) Kal:h I an J' ~ ~m/M vs Case No. OJ -5173 J) () /f) R t-)fiJl'm Statement of Intention to Proceed To the Court: .../;on /{. ~Sr) 1V-/7 I?~ (fnIYA intends to proceed with the above captioned matter. Print Name ))0 h Sign Name D rv. f( ~ Date: /0-/5-00 Attorney for 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 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 ofthe Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d I 104 (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 ro pursue the maner, 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 (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 instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. TI~ , ~ -0 r:-? r,--; 0:1 . Marital Settlement Agreement This agreement is made on the 11 th day of October, 2006, between Kathleen J. Smith, the Wife, of _Don R. Smith, City of Carlisle, County of Cumberland, State of Pennsylvania, and Don R. Smith, the Husband, of Kathleen J. Smith, City of Carlisle, County of Cumberland, State of Pennsylvania. We were married on the 28th day of July, 1984 in the City of Carlisle County of Cumberland, State of Pennsylvania. The following children were born [or adopted] into our marriage: Child's name Child's Birth date Child's Sex Ryan N. Smith October 20, 1986 Male Child's name Sarah F. Smith Child's Birth date April 9, 1991 Child's Sex Female As a result of disputes and serious difficulties, we sincerely believe that there are irreconcilable differences between us and that there is no possible chance for reconciliation. We both desire to settle by agreement all of our marital affairs, including the division of all of our property and bills, spousal support or maintenance, and all issues relating to our children, including custody, visitation, and child support. THEREFORE, in consideration of our mutual promises, and other good and valuable consideration, we agree as follows: 1. We both desire and agree to permanently live separate and apart from each other, as if rding to the terms of this agreement. We each agree not to annoy, harass, or interfere with the other in any manner. 2. We agree that the following property shall be the sole and separate property of the Wife, and the Husband transfers and quit-claims any interest that he may have in this property to the Wife: [Here list Wife's property]. 1. 4 Wesley Drive Carlisle, PA 17015 property 2. Retirement from employment in the Carlisle Area School District 3. 2000 Hyundai 4. personal property , We also agree that the following property shall be the sole and separate property of the Husband, and the Wife transfers and quit-claims any interest that she may have in this property to the Husband: [Here list Husband's property]. 1. 515 West Louther Street, Carlisle P A 17013 property 2. ford van 3. personal property 4. Twenty Thousand Dollars in the form of a promissory note payable to Don from Kathleen. This note will be paid within 1 year. 3 . We agree that the Wife shall pay and indemnify and hold the Husband harmless from the following debts: [Here list debts that Wife will pay]. 1. mortgage of 4 Wesley Drive, Carlisle, P A 17015 property 2. auto loan of 2000 Black HYWldai Sonata 3. credit cards in Kathleen's name We agree that the Husband shall pay and indemnify and hold the Wife harmless from the following debts: [Here list debts that Husband will pay]. 1. mortgage of 515 West Louther Street, Carlisle, P A 17013 ( Don agrees to refmance this property within one year) 2. Credit cards and loans in Don's name. We also agree not to incur any further debts or obligations for which the other may be liable. 4. After careful consideration of our circumstances and all of the other terms of this agreement, we both agree to waive any rights or claims that we may have now or in the future to receive alimony, maintenance, or spousal support from the other. We both fully understand that we are forever giving up any rights that we may have to alimony, maintenance, or spousal support. 5. We both agree that neither of us shall remain as the beneficiary on any life insurance policy carried by the other. 6. We both agree that it is in the best interests of our child, Sarah, that we both have joint legal custody of our child, Sarah We also agree that it is in the best interests of our child, Sarah, that Kathleen, her mother, have sole physical custody of our child We acknowledge that our child presently lives with her mother and that the actual physical residence of our child, Sarah, may be changed at any time as we may mutually agree. All decisions pertaining to the education, discipline, health, extracurricular and summer activities, religious training, medical and dental care, and welfare of our child will be decided by both of us after reasonable and adequate discussion. We also agree that the parent with physical custody shall have control over the minor day-to-day decisions affecting the child, including any medical or dental emergencies. We agree that if, after reasonable attempts, we are unable to reach an agreement on any of the decisions affecting our child, we will jointly seek professional mediation to resolve our differences. We also agree that each of us has the right to know of any circumstances or decisions that affect our child and that each of us has the right to any medical, dental, or school records of our child Neither of us will do anything to hamper or interfere with the natural and continuing relationship between our child and the other parent. We additionally agree to use our very best efforts to insure that our child receive the most care, love, and affection possible from both parents throughout their entire childhood. 10. We both agree that we will cooperate in the filing of any necessary tax returns. We also agree that any tax refunds for the current year will be the property of the Kathleen and Don and will be split jointly and that any taxes due for the current tax year will be paid by Kathleen and Don. We both agree to file a joint income tax return for the current year. [Use if you have children:) We also agree that the Kathleen may claim the federal dependency tax exemption for our child, Sarah. 12. We both desire that, in the event of our divorce or dissolution of marriage, this marital settlement agreement be approved and merged and incorporated into any subsequent decree or judgment for divorce or dissolution of marriage and that, by the terms of the judgment or decree, we both be ordered to comply with the terms of this agreement, but that this agreement survive. We have prepared this agreement cooperatively and each of us has fully and honestly disclosed to the other the extent of our assets, income, and financial situation. We each understand that we have the right to representation by separate lawyers. We each fully understand our rights and we each consider the terms of this agreement to be fair and reasonable. Both of us agree to execute and deliver any documents, make any endorsements, and do any and all acts that may be necessary or convenient to carry out all of the terms of this agreement. We agree that this document is intended to be the full and entire settlement and agreement between us regarding our marital rights and obligations and that this agreement should be interpreted and governed by the laws of the State of Pennsylvania. We also agree that every provision of this agreement is expressly made binding upon the heirs, assigns, executors, administrators, successors in interest, and representatives of each of us. Signed and dated this day /3 of OC--fober I~r-, f< L~ [Husband's signature] ~~mre]7L ~ [Witness signature] .{jq County of Qu fYtb1i~ S8. . /(Cl t-h Ie. en J, Srn uf-i1 .J. On Qr!-f 13 ,20 Or." 001\ 'R, ~YV\. L-~ personally came before me and, being duly sworn, did state that they are the persons described in the above document and that they signed the above document in my presence as a free and voluntary act fOrI p~ses s~ted. \ State of My Commission expires (signature) Notary Public, f~~ the County of ~ VV\1r.u Jl ~ State of \1\ COMMUhVVt.ALTH OF PENNSYLVANIA NOTARIAL SEAL DARCIE A. NEIL, Notary Public Boro of Carlisle, Cumberland County My Commission Expires Nov. 24, 2009 PROMISSORY NOTE ~ . $ Zoooo.,~ / Date OJ I 3 Z 006 ) '3 G S- days after the above date, for value received, the undersigned promises to pay to the order of D 0 VI R. 5'"., " t J,.." the sum of Ii.,./Jen Ty [hot\sa.n~ollars ($ 20J 000. \..'0 ), together with interest at ~ percent per annum, payable at C In case suit or collection proceedings shall be brought for the collection of this Note, the undersigned agrees to pay reasonable attorney fees and court costs for making such col- lection, and also agrees to waive demand, notice of nonpayment, and protest. Late pay- /~ ments, if any, to bear interest from maturity at (; (J percent per annum. l ~~+hL Signat of Borrow r Signature of Borrower Due _ ex::- T I~ c;2CCfl i~'-U1 Subscribed and sworn to before me this /J day of (mo.) Notary Public ,Jyr.) dfJJ& (Seal) PEl 25 COMMONWtAbTH OF PE NOTARIAL SEAL DARCIE A. NEil, Notary Public Boro of Carlisle, Cumberland County My Commission Expires Nov. 24, 2009 @ Professional Education Institute r-.:> tJ ~~--, C'.> ....n C:i~ --4 -,V"" c.:; """">-- ~ - :;-:-~ ...D .~~ ".'-..~I (....') ;l:;; =2 --i :< --------- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KATHLEEN J. SMITH, PLAINTIFF, Civil Action---Divorce Docket No. 02-5773 V. DON R. SMITH, DEFENDANT, AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on December 3rd 2002, and filed an Amended Divorce Complaint on January 22nd, 2003 which was served by Acceptance of Service on January 30th, ~ ~3t&stt 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have Elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers Fees or expenses if! do not claim them before a divorce is granted. 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: /a/31Io & J I p-..;.J. G::::-':J " c~-j ~~ 0"' ,. ::;J .r:- \..C) .. (.i') _t ~--------'- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA KATHLEEN J. SMITH, Plaintiff, No. 02-5773 v. Civil Action - Divorce DON R. SMITH, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court, and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary . 4. 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 unsworn falsification to authorities. Date:!O /31 /0(0 f ' k ~~ ~::.::;. ,-^""" ...... ~J (J_) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA KATHLEEN J. SMITH, PLAINTIFF, Civil Action---Divorce Docket No. 02-5773 V. DON R. SMITH, DEFENDANT, AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on December 3rd 2002, and filed an Amended Divorce Complaint on January 22nd, 2003 which was served by Acceptance of Service on January 30th, 200&:- ~Cb~ bSH 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have Elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers Fees or expenses if! do not claim them before a divorce is granted. 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: to- 3 / - ~ ~ brYl t<. ~ Don R. Smith, Defendant f--.) ~~~; c:;-'\ ::> -n :..--:3 '--~; ..r~::': ..r;"~ :c';"' \:';) C) '--/ :r~1 :-;.:;J -< -...; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA KATHLEEN J. SMITH, Plaintiff, No. 02-5773 v. Civil Action - Divorce DON R. SMITH, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 eCl OF THE DIVORCE CODE ]. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court, and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary . 4. 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 unsworn falsification to authorities. Date: 10 - 3/ - 0 , b~R. ~ Don R. Smith, Defendant ------------ (l c':" f"--) f:;:,' ~ c::r... ..,'''. ) '.0 . ~~> >_..! <.,:; :-::J --<. -....; -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEAL TH OF PENNSYLVANIA KATHLEEN J. SMITH, PLAINTIFF, Civil Action---Divorce Docket No: 2002-5773 VS. DON R. SMITH, DEFENDANT, PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(C) of the Divorce Code. 2. The complaint in Divorce was filed on the 3rd day of December, 2002 and an Amended Divorce Complaint filed January 22nd, 2003 and served by Acceptance of Service dated January 30th, 2003. 3. The plaintiff, signed her Affidavit of Consent and Waiver of Notice of Entry of a Divorce Decree on the 31st day of October 2006, which is attached hereto. 4. The plaintiff served her affidavit of consent, and Waiver of Notice oflntent to request Divorce Decree on defendant on the 31 st day of October 2006, 5. There are no related claims pending as between the parties hereto and listed herein to the extent that all marital issues have been settled by way of a marital settlement agreement dated October 13, 2006. 6. The defendant signed a Waiver of Notice of Intention to Request Entry of Divorce Decree on the 10th day of January 2004 pursuant to Rule 1920.72 a copy of which is attached hereto. Date: / / /ijo6 n (~~. :--', ~::~J c;.;""" ~... ,', -.,-) -"11 .-1 -:c:. -T', '-'1..-,. l.' r,~^., - x: I"~ \.~"''''';; .' ,-'\ "::-:..\ -'"> ~..) -l ?J. - ;+;'" if.if. if. ;+; ;+; if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if.if.if.if. if. if.if.if.if.if. if. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. KATHLEEN J. SMITH No. 2002-5773 PLAINTIFF VERSUS DON R. SMITH DEFENDANT DECREE IN DIVORCE AND NOW,-.N~ ;).~ ~ ;):~f.M . 1096 ' IT IS ORDERED AND DECREED THAT KATHLEEN J. SMITH, , PLAINTIFF, AND DON R. SMITH , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Separation Agreement executed on the 13TH day of October 2006 shall be Inco PROTHONOTARY if. if. if. if. if. if. if. if. if.if. if. if. if. if. if. if. if. if. if. if. if.if.if. if. if.if. if.if.ifll; if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. + if. if. if. J. .~?~ ~ x>.1'/?/ ~~p~~~~r') ~.~-e/ . " .. ;. .. f'. " . .' \.. .