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Home My WebLink About07-0989 . . .. Laurie A. Myers Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. NO. 07- 9~ CIVIL TERM Bradley L. Barrick, Sr. Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 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 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 .. Laurie A. Myers Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. NO. 07- q~ CIVIL TERM Bradley L. Barrick, Sr. Defendant IN DIVORCE COMPLAINT UNDER ~3301(c) or Cd) OF THE DIVORCE CODE 1. Plaintiff is J ~ u r lo /l.[r) l /.R ~, who currently resides at I -. -3Js ~. l:nl-bInO{g. AlJQ.JY)t l:blli{ ~/ngs 17lXoS Cumberland County, Pennsylvania. 2. Defendant is , who currently resides at .lJ~~ Eo"S~()~~(Sl,lISi.Q PIt,/7DlJ 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least the six months prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on J'Tlo \.[ LI J cimJ at S:t\ UatlOY\ O~Olt{ ~O('L~O PAil 7[)}J 5. The marriage is irretrievably broken, and the parties separated on ~e.- 5 } ~~Cn 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the military service of the United States of America, but is in fact living at the address given in Paragraph 2 above. ,. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. ~-JG-a7 Date (jUlJJUJJ ~ Plaintiff, Pro Se I, , verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 Pa. C.S. ~4904. ;;) - } (0 Date: 07 ~J.lIl1 52 ~ Plaintiff, Pro Se Assisted by: Lindsay Dare Baird, Esquire 37 S. Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5732 (') ,...., 0 <=:;) c = " s: -..J ,,\ l)fT ...,..., :e:o ~'rc. rrt .'-- --", CO nl.- ~_:"... r"" N -om \\ ...~,- "- ~o:~6 U~)\"~. ~.(/ --=1-rj -0 ).;: -0 :1_ -h ",:=- <- ) :r.;- Qo C) ~~ .....i-:>o C c...} ~=-.' --7 "- ?O --I -< ,t- -< Laurie A. Myers Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. NO. 07- q~ CIVIL TERM Bradley L. Banick, Sr. Defendant IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Laurie Ann Myers , Plaintiff, to proceed in forma pauperis. I, Lindsay Dare Baird, attorney for the party proceeding in forma pauoeris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. (') C LI~ ~ti; ~J :~ ~~c ..)..::i~ _~_ ~~~=: 2 --l .-< '" = <;;;:) --' ..,., fT1 CO N ~ ~:n :oh1 _00 C)6 ";-.1 ,C:r{ :,:?(~ Om ~ -< v - ...... w .. Ul ~ ~ f s C~acr ~ ck) vs Case No. ~~ - ~~~9 -+ ~ ~: 0 a~a t L. ~ m i- ~ , -~ Statement of Intention to Proceed _~ ~ '~~ p„ Z To the Court: ~ O ~. U 6' l.Q. F-t ~ L1-~. (~~ intends to proceed with the above captio rnal~r. Print 1~'ame__ ('.l~ ~ f ~~ f ~~__ Sign Name _ Date: ~~ ~ 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 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 maybe 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 xnattcr with prejudice for failure to prosecute." If a party wishes tG 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 Ru1e230(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 showing 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. cUti1 David D. Buell e Renee R Simpson Prothonotary 1St De p ut y Prothonota � o Z irks. Sofionage, :E,SQ Irene E. JKorrow Solicitor 7750 2"' Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania 407-OW 19 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,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, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • CarCisle, P.A. 17013 • (717 240-6195 • Eac(717)240-6573