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HomeMy WebLinkAbout02-5997BRENDA JEANNIE THRUSH, Plaintiff, V. EDWARD D. THRUSH, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002 - 599q CIVIL TERM IN DIVORCE NOTICE set ou wish to defend against the fails do sort he case you have been sued in court. t If t on You are warned that if YOU be entered against you by following pages, you must take promp you and a decree in divorce or for an annulment may may proceed without you for any other claim or relief requested in the court. A judgment may also be entered against or property or other rights important to you, these papers by the plaintiff. You may lose money or visitation of your children. including custody ground for divorce is indignities or irretrievable breakdown of the marriage, is available When the grou may request marriage counseling. A list Carlisle?Penr?sylvania 17013 in the Office o y County Courthouse the Prothonotary, Cumberland SION OF IF YOU DO NOT FILE A CLAIM FOR A DIVORCE IOR ANNULMENT IS LAWYER'S FEES OR EXPENSES BEF OF THEM. GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY WYER AT ONCE. IF YOU YOU SHOULD TAKE THIS PAPER TO YOUR TO OR TELEPHONE GET LEGAL DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO D OUT WHEN YOU CAN E OFFICE SET FORTH BELOW TO FIN TH HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 lave to comply with the Americans with The Court of Common Pleas of Cumberland County is required by lease contact our office. All arrangements must be made at ion ore he courtep able facilities and reasonable tacco he scheduled conference or Disabilities Act of 1990. For informatf disabled individuals having business be least 72 hours prior to any hearing or business before the court. You must attend hearing. BRENDA JEANNIE THRUSH, Plaintiff, V. EDWARD D. THRUSH, Defendant. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :2002 - 5T9? CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND (D) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Brenda Jeannie Thrush, by and through her attorneys, Irwin, McKnight & Hughes, and files this Complaint in Divorce against the Defendant, Edward D. Thrush, representing as follows: 1. The Plaintiff is Brenda Jeannie Thrush, an adult individual residing at 166 Oakville Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Edward D. Thrush, an adult individual currently residing at 646 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on October 26, 1968 in Shippensburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. Plaintiff's signed Marriage Counseling Affidavit is attached hereto and incorporated herein by reference as Exhibit "A." WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. COUNT II g. The allegations of Paragraph one (1) through seven (7) of the Divorce Complaint are incorporated herein as if fully set forth above. 9. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 10. Plaintiff is without sufficient property and otherwise unable to financially support herself through appropriate employment. 11. Defendant is presently employed and receiving a substantial income and benefits an is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff respectfully requests the Court to enter an order requiring Defendant to pay for Plaintiff's counsel fees, expenses and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: I Douglas . Miller, Esquire Supreme ourt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Date: December 17, 2002 EXHIBIT "A" BRENDA JEANNIE THRUSH, Plaintiff, V. EDWARD DANIEL THRUSH, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : 2002 - : IN DIVORCE CIVIL TERM PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 2002 ' Date: December 5 BRENDA JE IE THRUSH VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. RENDA JEAN HR USH Date: a QN BRENDA JEANNIE THRUSH, Plaintiff, V. EDWARD D. THRUSH, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2002 - 5997 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: NOW, Douglas Miller, Esquire, being duly sworn according to law, does depose and state: That he is a competent adult and attorney for the Plaintiff in the captioned action. 2. That a certified copy of the Complaint was served upon the defendant, Edward D. Thrush, on December 21, 2002, by certified mail, return receipt requested, addressed to Edward D. Thrush, 646 Walnut Bottom Road, Shippensburg, PA 17257, with return receipt number 70012510 0009 2828 4418. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. IRWIN, McKNIGHT & HUGHES Date: 161 _3/- 0 ?-- A -/ 0- IfIA I/I., By: r Dougl G. ller, squire Supre Court Id # 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Brenda Jeannie Thrush CO DGK ASH 1 C13 Postage $ I l? ru CID Certified Fee ru Postmark ?, Return Rece re l7 (Endorse e , p Restn Delivery Fee 3 Endorse R 3. O Total Postage & Fees $ r9 U') Sent T ru EDWARD D THRUSH ------------------------------------------------------- -------------------- ------------- ------ .a Street, Apt. No.; or PO C crry srS ?P ENSBURG PA 17257 i ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so 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 to: EDWARD D THRUSH 646 WALHpT BOTTOM ROAD SHIPPENSBIURG PA 17257 A. Received by (Please Print Clearly) B. Date of Delivery 12.4 21-N C. Signature X I!f J ? Agent G? Addressee D. Is delivery address different from kern 1? ? Yes ff YES, enter delivery address below: ? No 3. Service Type [IFCertified Mail ? Express Mail ? Registered QRetum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) IN yes 2. Article Number (Transfer from service label) 7001 2 510 0009 2828 4 418 PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 (7 << -,, C T.a - -n - V BRENDA JEANNIE THRUSH, Plaintiff v EDWARD D. THRUSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-5997 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Edward D. Thrush. WEIGLE & ASSOCIATES, P.C. Dated: 1 L-4? l,t ? 0 By: Richard L. Webber, Jr., Esquire Attorney ID #49634 126 East King Street Shippensburg, PA 17257 (717)532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ., , - <`?, .. BRENDA JEANNIE THRUSH, PLAINTIFF vs Case No. 2002-5997 EDWARD D. THRUSH, DEFENDANT Statement of Intention to Proceed To the Court: EDWARD D. THRUSH intends to proceed with the above captioned matter. Print Name RICHARD L. WEBBER, JR. Sign Name aK, ?? .. Date: OCTOBER 24, 2005 Attorney for DEFENDANT Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230,2 goveming The rerniiuadon of inactive cases and amended Rule of Judicial Administration 1901. Two aspects or the recommendation merit comment. 1. Rule ojcivil Procedure New Rule of Civil Procedure 2302 has been promulgated to govem 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. 360,910 A.2d 1104 (1995) in which the court held that "prejudice to die defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rulc 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. 11 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 parry 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 docker, 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 temdnarion 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 patty may pursue die remedy of a common law non pros which exits indcpcndendy of termination under Rule 230.2. ?- - -. - .a ; : ?:. - ,. Brenda Jeannie Thrush vs Case No. 2002-5997 Edward D. Thrush Statement of Intention to Proceed To the Court: Jerry A. Weigle, Esquire intends to proceed with the above captioned ttei, Print Name J ax W 214 l e . Sign Name ^ Date: Attorneyfor Edward D. Thrush 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. 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 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 of termination under Rule 230.2. ?' -r ? ?: , ?,? . c° 6 , ,-, «r ?? - i -%-r ?? ??