Loading...
HomeMy WebLinkAbout03-0318Theresa Barrett Male, Esquire Supreme Court N 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURIE A. BOLTON Plaintiff V. NO. 03- -21P Civil Term ERNEST E. BOLTON Defendant CIVIL ACTION - 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 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. 1 Theresa Barrett Male, Esquire Supreme Court n 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURIE A. BOLTON Plaintiff NO. 03- 3 IJP Civil Term V. ERNEST E. BOLTON Defendant CIVIL ACTION - DIVORCE COMPLAINT IN DIVORCE Count I - Divorce 1. Plaintiff is Laurie A. Bolton, who currently resides at 40 Enola Drive, Enola, Cumberland County, Pennsylvania since in or around 1979. 2. Defendant is Ernest E. Bolton, who currently resides at 40 Enola Drive, Enola, Cumberland County, Pennsylvania since in or around 1979. 3. The parties have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The parties were married on October 15, 1977 in Enola, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The grounds for divorce are: a. the marriage is irretrievably broken. b. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 1 7. Neither party is a member of the armed forces of the United States or its allies. 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. Wherefore, Plaintiff requests the Court to enter a Decree in Divorce under sections 3301(c) and 3301 (a)(6) of the Divorce Code. Count II - Equitable Distribution 9. Plaintiff incorporates by reference paragraphs 1 through 8. 10. During the marriage, Plaintiff and Defendant acquired real and personal property. Wherefore, Plaintiff requests the Court to enter an Order equitably dividing all the marital property Count III - Alimony 11. Plaintiff incorporates by reference paragraphs 1 through 8. 12. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through appropriate employment. 13. Defendant has sufficient assets to provide continuing support for Plaintiff. Wherefore, Plaintiff requests the Court to enter an Order awarding Plaintiff alimony. Count IV - Alimony Pendente Lite, Counsel Fees and Expenses 14. Plaintiff incorporates by reference paragraphs 1 through 8. 15. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through appropriate employment. 16. Defendant has sufficient assets to provide continuing support for Plaintiff. 17. Plaintiff enjoys medical benefits under Defendant's employment benefits. 18. Plaintiff does not have medical coverage independent of Defendant's coverage and cannot afford to purchase it privately. 2 19. Plaintiff has retained counsel to pursue this action and has agreed to pay her attorney a reasonable fee. 20. Plaintiff lacks sufficient funds to meet the costs and expenses of pursuing this action, including counsel fees and the costs to retain experts to value the marital assets. 21. Defendant has sufficient assets to provide alimony pendente lite, counsel fees, costs and expenses for Plaintiff. Wherefore, Plaintiff requests the Court to enter an order: a. Directing Defendant to maintain Plaintiffs medical coverage during the pendency of the divorce action; and b. Awarding Plaintiff alimony pendente lite, interim counsel fees and expenses; and c. Thereafter awarding Plaintiff additional counsel fees and expenses as the court deems just and appropriate. `rte -'l Gfisir G- IZ %,?L I A L- ' Z , Theresa Barrett Male, Esquir Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: January 16, 2003 3 VERIFICATION I, Laurie A. Bolton, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. aurie A. Bolton Date: January 16, 2003 O Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURIE A. BOLTON Plaintiff V. ERNIEST E. BOLTON Defendant TO THE PROTHONOTARY: NO. 03-318 Civil Term CIVIL ACTION - DIVORCE PRAECIPE Please reinstate the Complaint in Divorce filed on January 21, 2003. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: May 17, 2005 O Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURIE A. BOLTON Plaintiff V. NO. 03-31E1 Civil Term ERNEST E. BOLTON Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE AFFIDAVIT OF SERVICE KAREN L. GREEN STATE Aq_CASE NO_O -3 "3 (F C V 4201 Catalina Lane COUNTYL Harrisburg, PA 17109 COURT_ (717) 545-3479 (717) 503-7464 Plantiff Vs. ?- r Defendant t? /S Prn )1 being duly sworn, depose and say that on the /02 day o 2i c> executed service by delivering a true copy of the?Q?? in accordance ith the state statutes in the manner. INDIVIDUAL SERVICE: served the within named person. ??jz yeo? e 13o-e-tvr'L. SUBSTITUTE SERVICE: By serving as POSTED SERVICE: after attempting service on at and at to a conspicuous place on the property described herein. OTHER SERVICE: as described in the comments below by serving NON-SERVICE: for the reason detailed in the comments below. Comments `ts ?3 _7 ?r?a ?? L-•-? O (1 4 . -j- o cr-?-.P? (? I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Sworn to and Subscribed before me on the 1'3 day of uYVe 200Sby the Affiant who is personally known to me. d'so ss Server Publi Notarial Seal Kjmberlyy M. Monk Notary Public CI of FtartieburQ• D'aut . County Zdy%pnmiasbn Ex oes )uly 23. 2o0G M y r"Aiki i- otflolatbe d n? a 0 -n 3 c; o J C') '`. rn LAURIE A. BOLTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-DIVORCE ERNEST E. BOLTON, Defendant : NO. 03-318 CIVIL TERM WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Plaintiff, LAURIE A. BOLTON, at the above captioned docket. Res ctfully sub fitted by, Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717)233-3220 Dated: PLEASE enter my appearance as attorney of record on behalf of the Plaintiff, LAURIE A. BOLTON, at the above captioned docket. Respectfully submitted by: ail Torodash Certified Legal Intern ROBERT RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Laurie A. Bolton, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Ernest E. Bolton, Defendant NO. 03 - 318 CIVIL TERM CERTIFICATE OF SERVICE I, Gail Torodash, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Withdrawal and Entry of Appearance on the following people: Theresa Barrett Male, Esq. at 513 North Second Street, Harrisburg, PA 17101 and Ernest E. Bolton, residing at Post Office Box 93, Enola, PA 17025, by depositing a copy of the same in the United States mail, first class, postage prepaid on September 18, 2008. ,ail Torodash Certified Legal Intern 1// .1?71 MegarfRiesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 co J _MU f it A, , [>o 1k0 n vs E_i new ti . Ro Igo n Case No. 0 3 - 3l$ Statement of Intention to Proceed To the Court: (1t PA I b n intends to proceed with the above captioned matter. &Cp, Toraaash, Cu+1G-.d Uri lrl- c Irl Print Name Ian?NS. l?tatd- Sign Name Date: {O?Zq"l0 Attorney for O a I fyf7-?V 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 ternination. 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. Cry ?, no David D. Bueff ,Prothonotary KirkS. Sohonage, ESQ, Soficitor 11 O Renee X. Simpson I" Deputy ftothonotary Irene E. Morrow 2nd Deputy (Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania 02 -318CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, 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 9 Suite 100 9 Carhsfe, PA 17013 • (717)240-6195 • Tax (717 240-6573