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HomeMy WebLinkAbout07-10431 RANDALL E. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. d ~- /b y~ CIVIL TERM DEBRA A. LAUVER-JONES, Defendant : IN LAW -DIVORCE 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 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, First Floor, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR MO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RANDALL E. JONES, Plaintiff v. DEBRA A. LAUVER-JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ©? - /~ `~3 CIVIL TERM IN LAW -DIVORCE COMPLAINT IN DIVORCE AND NOW COMES the Plaintiff, RANDALL E. JONES, by and through his counsel, William L. Grubb, Esquire, and complains of the Defendant, DEBRA A. LAUVER-JONES, as follows: COUNTI COMPLAINT UNDER SECTION 3301 (c) OR 3301 (d) OF THE DIVORCE CODE 1. Plaintiff is RANDALL E. JONES, who currently resides at 128 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is DEBRA A. LAUVER-JONES, who currently resides at 128 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on June 14, 1980 at Penbrook, Dauphin County, Pennsylvania. ,~ 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither party is in the Armed Services of the United States or its allies. 7. The marriage is irretrievably broken. 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. 9. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order dissolving the marriage between the parties. COUNT II REQUEST FOR A FAULT DIVORCE UNDER &3301(a)(2) OF THE DIVORCE CODE 10. Paragraphs one (1) through nine (9) of this complaint are incorporated herein as if fully set forth herein. 11. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of the Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has committed adultery. .. 12. On or about 10:00 a.m., Saturday, February 17, 2007, Defendant met with and had sexual relations with a person other than her spouse at or about Room #27, Highland Motel, Fairview Township, York County, Pennsylvania 13. This action is not collusive, as defined by § 303 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to §3301(a)(2) of the Divorce Code. COUNT III REQUEST FOR A FAULT DIVORCE UNDER §3301(a)(3) OF THE DIVORCE CODE 14. Paragraphs one (1) through thirteen (13) of this complaint are incorporated herein as if fully set forth herein. 15. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of the Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has by cruel and barbarous treatment, endangered the life and health of he Plaintiff. 16. Defendant has subjected Plaintiff to a continuous and unwarranted verbal abuse and false accusations to such a degree so as to cause emotional abuse, stress and emotional suffering, all to the detriment of the Plaintiff's emotional and physical health. 17. This action is not collusive, as defined by § 303 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to §3301(a)(3) of the Divorce Code. COUNT IV REQUEST FOR A FAULT DIVORCE UNDER §3301(a)(6) OF THE DIVORCE CODE 18. Paragraphs one (1) through seventeen (17) of this complaint are incorporated herein as if fully set forth herein. 19. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of the Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiff as to render his condition intolerable and life burdensome. 20. Defendant has engaged in a pattern of continuous and unrelenting verbal abuse, harassment, threats and false accusations toward the Plaintiff, the innocent and injured spouse. 21. Defendant has engaged in a physical and emotional relationship with a person other that her spouse who is also employed at the workplace of the Defendant, subjecting the Plaintiff to public ridicule, derision and humiliation. 22. This action is not collusive, as defined by § 303 of the Divorce Code. 23. Plaintiff has been advised of the availability of counseling and that the Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to §3301(a)(6) of the Divorce Code. COUNT V EQUITABLE DISTRIBUTION 24. Plaintiff incorporates the allegations of paragraphs one (1) through twenty- three (23) by reference as if set forth at length herein. 25. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of the parties hereto. 26. The Plaintiff and the Defendant have been unable, as of the date of this complaint, to agree as to an equitable division of said property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. Respectfully submitted, Date: ~~~, ~v--~ illiam L. Grubb, Esquire I.D. # 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff VERIFICATION I, Randall E. Jones, verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Z/~2 ~v 7 Randall .Jones, Plaintiff C') ~ C"~ r.~ ~ ~ ,~ '~` r -' ' Q~j ~ f71~ ' " ~ ,-, ~ f ! F7 `' : ~ ~ ~: ~' ~,. 2~ ~ f s ~ -n ' """ l~ 1 _ ~ \ -• - .-.~ 7a ~ Q ~ ~ d d RANDALL E. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA off- I o~3 v. : NO. -@6=i2~6 CIVIL TERM DEBRA A. LAUVER-JONES, Defendant : IN LAW -DIVORCE PROOF OF SERVICE BY MAIL I hereby certify that a true and correct copy of the Complaint In Divorce filed in the above matter, was served on DEBRA A. LAUVER-JONES, by prepaid, first class, certified mail, return receipt requested, deliver to addressee only, at 128 Lancaster Blvd., Mechanicsburg, PA, 17055, on March 3, 2007. Addressee acknowledged receipt of the same on March 3, 2007, as shown by the return receipt card attached hereto as Exhibit «A„ I verify that the statements made in this document are true and correct. I Date: ~ ~~-~ William L. G bb, Esquire I.D. 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717)763-5580 understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. .~ ^ Complete items 1, 2, and 3. Also complete Nem 4 if Restricted Delivery is desired. ^ Pant your name and address on the reverse ao that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed t[o~: / `~ fU4 sT ~ l~IgvtTQ~~ ~Q,~/C~ Mc~f~;~,S8~2~ ,~A ~?~ __ A. 3ignaturo .. ".. ..:~ r ~ ,... . D. b delivery address different iromitem 1? t7 Yes tf YES, enter deNvery address below: ~'flo 3. Servkie Type ~.OertlMd hMll ^ Express Mail ^ Registered ,~ RMum Receipt for Menchandas ^ Insured Mall ^ C.O.D. RestricEsd DsNwry'1(Extra Fee) ~ Yes a' """'~` 7DD6 D1DD DDD1 D297 76D8 (transfer from se-vke -abep F'S Form 3811, February 2004 Domestic Return Receipt ~o2ses-ozt~t.~sso Exhibit "A" f"` c t ~ ~ i. .. ~ ...E s r-- ~ ~~_ ~ yr , 3:' ` a~ ~ G .... .- \ RANDALL E. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 07-1043 DEBRA A. LAUVER-JONES, :CIVIL ACTION -LAW Defendant : IN DIVORCE PRAF.("TPF. Tn ENTER APPF,ARANC'F, TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the Defendant, DEBRA A. LAUVER-JONES, per her request. Respectfully submitted, Date: , 2007 ~~~~ iv~e~arue i~irga- Scaringi & Scaringi, P.C. Attorney ID #84445 2000 Linglestown Road, Suite 106 Harrisburg, Pennsylvania 17110 (717) 657-7770 . +y RANDALL E. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 07-1043 DEBRA A. LAUVER-JONES, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Mary Snyder, paralegal for Scaringi & Scaringi, P.C., do hereby certify that a copy of the Praecipe to Enter Appearance in the above-captioned action has been duly served upon attorney for the Plaintiff, William L. Grubb, on May 8, 2007, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: William L. Grubb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Date: May 8, 2007 Mary C? ~_ ~ ~ r ~' ryf ~~ • ~ (' ~ ~ +- ., „ _ -s'1 ~ r ~~ _ ~!' X ..C vs Case No. ~ 7 -/O y3 ~~Rl~ ~}, C~EFvJ~ -J~N~'S ~ ~ -° °v~ c~ --t Statement of Intention to Proceed ~~ ~ ~ t ~ ma ~ ~,, v t~ d, To the Court: ~~ - ~p z ~ZANaA'L~ v ~, SQN~j intends to proceed with the above captio~t~ ~~ r*t Print Name ~,~ /~,`~rw~ ~. C~/Z~,~, ~ Sign Name _~ ~ ~ ~'; Date: ~"'(~,. ~ 7 ~ ~/ D 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 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 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 temunated 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. RANDALL E. JONES, : IN THE COURT OF COMMON PLEAS`' Plaintiff : CUMBERLAND COUNTY, PENNSC)JLV' TIA V. :NO. 07-1043 DEBRA A. LAUVER-JONES, : CIVIL ACTION - LAW Defendant : IN DIVORCE `D -? %0 PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney in the above-captioned action for the Defendant, c E= ?? Debra Lauver-Jones. Date MW a" C_ . - _rl V11 - Respectfully submitted ' , -< ' c a CD , - 2012 , _ N Mary K. Lemm Scaringi & Scaringi, P.C. e Attorney ID #70923 2000 Linglestown Road, Suite 106 Harrisburg, Pennsylvania 17110 (717) 657-7770 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the Defendant, Debra Lauver-Jones. Date:_?-Xl4 ,2012 submitted, /6hcxi c?oQp?cc?r; Esc?. Scaringi & caringi, C. Attorney ID # q5Q 25 2000 Linglestown Road, Suite 106 Harrisburg, Pennsylvania 17110 (717) 657-7770 CERTIFICATE OF SERVICE I hereby certify that I served the foregoing Praecipe to Withdraw and Praecipe to Enter to Plaintiff by United States Postal Service, regular mail, postage prepaid, addressed as follows: Randall E. Jones c/o William L. Grubb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Date: l,IA " ICI Respectfully submitted, 0, , 11', m. AW Jul' M. Good, Paralegal Sc ngi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770