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HomeMy WebLinkAbout00-06808 . . if. "'<Ii :f. . . . . . _'~ -u.-Ld. , J ,.-Li '-':"""'.J" ',"'Ii, "'k_,,-'" -'.__.<. . . . :Ii"':+: :f. :f. Of. <Ii,., . .. '" ff.:+i '" . . .. . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . . STATE OF . . . . . . BriqitteM. Burkholder . Plaintiff . . . . VERSUS . . Steven D. Burkholder . Defendant . . . . . . . . AND NOW, . . PENNA. NO. 00-6808 DECREE IN DIVORCE ~.h"e-. -2'1 . , IT IS ORDERED AND ,2003 . DECREED THAT Briqitte M. Burkholder , PLAINTIFF, . AND Steven D. Burkholder . . . , 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; . . . . . . . . . . None . . . . . . . .. . By THE COUR~ ~ J. PROTHONOTARY . . . . :ti:ti :ti :ti:ti :ti :ti:ti :ti :ti :Ii;!;"':+; '" . 'c" ~,-, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . .~,IIlI!'!", ~ .p;; '>':7 ." , . , ,r;.. /t?;;;f'cB aT- {'~ IH~ ~ /1f ' /0 ~9 C!.J 7-1~ ~ -:z 4 A'k~ ... ~~~ .,' ~.'~ ~ , ,". tIl![q ~ ~"' ~ir~j ilm~!'lt,.nT . ,,1M! _~,,"l'I" 1'/>., _~iW'~." ".,." ",~'~JI1\'!flW_ ,~,_<~ ~_ ,~ BRIGITTE M. BURKHOLDER Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-6808 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE STEVEN D. BURKHOLDER, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the reeord, together with the following information to the eourt for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under 93301 (e) of the Divoree Code. 2. Date and manner of serviee of the eomplaint: Acceptanee of S,erviee, Oetober 10,2000. 3. Date of execution of the Affidavit of Consent required by 93301 (e) of the Divorce Code. By Plaintiff: Oetober 20, 2003 By Defendant: Oetober 20, 2003 4. Related claims pending: None. 5. Date the Waiver of Notiee in 93301 (c) divoree was filed with the Prothonotary: By Plaintiff: October 24, 2003 By Defendant: October 24, 2003 21lii1.~ . Robe . Mulderig, E~ Attorney for Defendant Iirh~:":J1'J. -. - """'jr' .,- '-n:i.lli_i~"''''''' - ~~~~fi!~~~rM .'" ,-~-<= ,-:~'" ;<1"\_ L - " ,~ ,,' ",.' , <','"h'~'" """,',' ,'< -, c ~; "TJ L~~: SQ ~~.~ V:I;~ _../ -,- ~r~', e!::';, :;:~~ :-::i ') r--.~) -',) -::},~, 6 /Z/!-?- ""'_' __,,_ ""'''''''0__ _ ." ,~~__~o_ .",,--~- =,,"',,. '. ,. ," 1--; ~, " ,j , ., ~. , -0' _. ,'_ . l _ ~"" "."J/[ " BRIGITTE M. BURKHOLDER, Plaintiff VB. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00 - /of&> C,oll~~ : STEVEN D. BURKHOLDER, Defendant CIVIL ACTION-IN DIVORCE NOTICE TO DEFEND AND CLAIM RlGID'S YOU HAVE BEEN against the claims set 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Cumberland County Courthouse, Carlisle, PA. SUED IN COURT. If you wish to defend forth in the following pages, you must PROPERTY, ANNULMENT THEM. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF YOU SHOULD IF YOU DO NOT HAVE TELEPHONE THE OFFICE GET LEGAL HELP. TAKE THIS PAPER TO YOUR LAWYER AT ONCE. A LAWYER OR CANNOT AFFORD ONE, GO TO OR SET FORTH BELOW TO FIND OUT WHERE YOU CAN Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 "'-c f-'I I...;.;.~ d '" , -.i-- .' ;,1>___ .1,- " BRIGITTE M. BURKHOLDER, Plaintiff VB. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. t>O - t"itJi STEVEN D. BURKHOLDER, Defendant CIVIL ACTION-IN DIVORCE COMPLAINT IN DIVORCE 3301(c) 1. Plaintiff is Brigitte M. Burkholder, who resides at 326 Fairview Street, Carlisle, CUmberland County. Her social security number is 216 80 7018. 2. Defendant is STEVEN D. BURKHOLDER, who resides at 326 Fairview Street, Carlisle, Cumberland County. His social security number is 210 58 3213. 3. Plaintiff has been a bona fide resident in the CO\lUl\onwealth for at least six months i\lUl\ediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 29, 1987 in CUmberland County, Pennsylvania. 5. There has been no prior action for divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not " ".",', ,~ " ^~ 0- ~'1Jr.j: request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. WHEREFORE, the plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted: I~~ Jud' A. Calkin, Esquire A rney for Plaintiff 2201 North Second Street Harrisburg, PA 17110 (717) 238-2312 tf - .1 ,', ,'." .;,,- -""- -"'''''lit';!,!!;: , , Commonwealth of Pennsylvania: ss. County of Dauphin I verify that the statements made in this 3301 (c) Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~{J 'gitteM. Burkholder Sworn and Subscribed e-d-- this 3 day before me of Od ,2000. Ql1AAL) ~~ Notary Public NOTARIAL SEAL EL~EN ROS~N8LOOM, Notary Public 01 , Dauphin Co.OOIY . 'r Ma ".2003 '.,..,,--,,",._- ,-C; --.- '.- -,--",'r>'--- ,<;;, "4, i',~ It If !' BRIGITTE M, BURKHOLDER Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-6808 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE STEVEN D. BURKHOLDER, Defendant AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under 93301 (c) of the Divoree Code was filed on October 4, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I eonsent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the deeree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. " if i! " I' !, Ii Ii.. , , I' If 'l r ~ t Q.tO l a..O(:l~ Date .~ ---- ~ rigitte M. Burkholder I II. ;;i,~....",....J~~~~_.... ~~ .i.i;;'idJ <-; "'-'o""'~~i~~F~.k,h";~niIo~-="~;;~-- t!iS ~~ k- '- ~' c) ~~;~ ~r; f~:- ~-' , '- :2 "''''' .-' - ~ --., ~~;:;~; '--j t~>.) :-~J k-'-C. =? i"'.,) I,,' ____.l't? ,,',T' ~~> - -: . ';""'illi, BRIGITTE M. BURKHOLDER Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-6808 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE STEVEN D. BURKHOLDER, Defendant WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301~ OFTHE DIVORCE CODE 1. I eonsent 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 divoreed until a Divorce Decree is entered by the Court and that a eopy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN , ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. (J~t ,G-O rAni) Date \ ~ ...--- I~.;:;~;~: I, II i~tf';""t-~Ui!I~ ~__L[ -- '~'- ..;.,;.,.-- ,; A~_ ,--__~ ;~ '-- i~[;!ili~IMlI!lliit'" --;M<W:M,l~.f C;5 R~z. ,'~,-~ -. ~ ,:,~'d':B:"'" --- ,-,"- '" " o ~.~; -q~X,:', r;"', >,," '---J'L: ~;;.--^ i~~_. -:~c) )'';> (~~ .:j :..( --:Ii (~-, C,'_' "::i :J, "'..) C,' .,,-, .......' l<i- ',- >~I \rt "0 ',. '" c.:"l1;'~j:i BRIGITTE M. BURKHOLDER Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-6808 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE STEVEN D. BURKHOLDER, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on October 4, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divoree after service of Notice of Intention to request entry of the decree, I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. /p/rJ-t!05 Date s~l;:Ger / I II -,..I.... r.&ii'> itiliilr'"]' '-"'ilii.1I1dit';'"~'"C "'" ~ _ ~~~;.Jim ,. #"'" f::-S- ~[ L t'i,'.l!i'~~;..;;., -~-~- - -,. "c' <' -"~ - " " n ~~ !~c -<c'"'' -~~~ ~-J" - ;t:~~ :.:;2 c:;::; Ci ~'n C,,) C:J r") '~-l .'-.... ''''' -'0 ,.".) r...) ~;! :-.l:J -< t1l ~~ -' <- ---~ "lIi-:~i! BRIGITTE M. BURKHOLDER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 00-6808 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE v, STEVEN D. BURKHOLDER, Defendant WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(9 OF THE DIVORCE CODE 1. I eonsent to the entry of a final Decree of Divoree without notiee. 2, I understand that I may lose rights coneerning 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 Deeree 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. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa,C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. lopO/OJ Date ~) Steven D. Burkholder I II. :'\1"-' ~l l~~ ~," ",,#~y , .-<.", ~~ ""~,~, ". :1 "" '~""'~~ -, 'w:tilit'J) " , ,,-' ~"i.~~~riiJjjilif-:P{r~ -",," E5 f!rL-- . """ ,-,_~o .0, "" "" -"0_ (; ,- ~ .''I''~ l"'-, 9Z\.f' t75 ~:_' r-~c_' ~"--- ~~~.~ j:;'t-=: z --) -< . ~-" ~'" -~, ~ r _:) _r_) --~, ''<I .'c; .'-.) r....:-, ;;:~ :.~..~ .,"';., ;,ao . ,'. .. " . ',1 " J . . . ................. . ,- So."::,,,,' , ,- "~'l:::'~'fu,:; BRIGITTE M, BURKHOLDER Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-6808 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE STEVEN D. BURKHOLDER, Defendant ACCEPTANCE OF SERVICE I accepted service ofthe DIVORCE COMPLAINT on October 10, 2000, I "PliA>L Date f ~~ . Steven D. Burkholder -' - " , '- ~ . ".,::.J.llllii' --dinj'~-' ~ kJ. ~ .;:",,',~:...,~... ',- '.. ',',:', -,--::_'~~""""~~-,,",, :':::';--M_:&iUll~ ~ ".. ~~ ;a'- ~, ~ ,--'.,-" e5 Q-L '.. --,;"'- r' Cl ~~. ~}I,~r "::7::'- ~~~'~' r::,:\:__' ~~f~ ~'~ =1 "::J '-") .-i 1'.) .' ."q :':':" ;~<J f'" .. - ~-d ii I " II Ii i ii II Ii " I " i , . ,:"" :J L"~,,",-, ~ =.~ ,~.. . ,'L,. L ~-L_ '-<"ulrliifuli,i H- tSoi Legal Caption Statement of Intention to Proceed To the Court: S -hver-l 1::>, f) IU k j..,!/Vintends to proceed with the above captioned matter Date: /()h7~J ~N 7f,.ro Attorney for De ~'J(f"'" ~ 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. l!lli:1Ii ~ J.....~_~~~~~~ii~~~lali ~S q? ilimt;li:li" , ~ ~ (") C i..1~ Q'J(:' .c._,_. 2:. ;, (/)) i~ _.-1 -:~ " ' " ~::o ~~l .::;-r; r,.) ..j'; ''''C.7 f'< ~1.1 or'"", __ \,-0:' . \.;-+-1 ~h~ ::.u --< 0....1 '" . BRI~ITTE M. BUP-KHOLDER, Plaintiff STEVEN D. BURl(HOLDER, Defendant IN THE COURT OF COMMON PLEAS CUMBEPJ~AND COUNTY, PENNSYLVANIA CIVIL ACTION-IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN against the claims set take prompt action. You are warned SUED IN COURT. If you wish to defend forth in the following pages, you must 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Cumberland County Courthouse, Carlisle, PA. PROPERTY, ANNULMENT THEM. IF YOU DO LAWYER'S IS GP~ANTED, YOU SHOULD IF YOU DO NOT HAVE TELEPHONE THE OFFICE GET LEGAL HELP. NOT FILE A CLAIM FOR ALIMONY, DIVISION OF FEES OR EXPENSES BEFORE A DIVORCE OR YOU MAY LOSE THE RIGHT TO CLAIM ANY OF TAKE THIS PAPER TO YOUR LAWYER AT ONCE. A LAWYER OR CANNOT AFFORD ONE, GO TO OR SET FORTH BELOW TO FIND OUT WHERE YOU CAN Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BRI~ITTE M. BIIR/(HOLDER, Plaintiff VS. STEVEN D. BURKHOLDER, Defendant IN THE C~TRT OF COMMON PLEAS CUMBEPJ~AND COUNTY, PENNSYLVANIA NO. DO- &~0~ CIVIL ACTION-IN DIVOKCE COMPLAINT IN DIVORCE 3301(c) 1. Plaintiff is Brigitte M. Burkholder, who resides at 326 Fairview Street, Carlisle, Cumberland County. Her social security number is 216 80 7018. 2. Defendant is STEVEN D. BURKHOLDER, who resides at 326 Fairview Street, Carlisle, Cumberland County. His social security number is 210 58 3213. 3. Plaintiff has been a bona fide resident in the Co~nonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 29, 1987 in Cumberland County, Pennsylvania. 5. There has been no prior action for divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. W-~EREFORE, the enter a Decree in Divorce plaintiff prays your Honorable Court to from the bonds of matrimony. Respectfully submitted: Jud~ A. Calkin, Esquire Plaintiff for A~rney 2201 North Second Street Harrisburg, ]?A 17110 (717) 238-2312 CoLmLLonwealth of Pennsylvania: : County of Dauphin : ss. I verify that the statements ~de in this 3301 (c) Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~B~gitte M. Burkholder Sworn and Subscribed before me this 3~L day of 0~ , 2000. Notary Public NOTARIAL SEAL EL_I~E~I~SE. NBLOOM, Notary Public ~r~, Dauphin County BRIGITTE I Plair STEVEN D. De~ ] ac( ~.BURKHOLDER tiff BURKHOLDER, Idant IN THE COURT OF COMMON PLEA.C CUMBERLAND COUNTY, PENNSYL' NO. 00-6808 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE )ted service of the D~IVORCE COMPLAINT on October 10, 2000. OF 'ANIA Date Steven D. Burkholder BRIGITTE A Plaini STEVEN D. De~ 1. A on October 4 2. Th, (90) days ha/ 3. lc( Intention to r( IVERI ARE TRUE A ARE MADE UNSWORN Date I. BURKHOLDER iff V, E3URKHOLDER, dant : IN THE: COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : NO. 00~6808 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE .AFFIDAVIT OF CONSENT ;omplaint in Divorce under §3301(c) of the Divorce Code was filed 2000. ; marriage of Plaintiff and Defendant is irretrievably broken and nit e elapsed from the date of the filing of the Complaint. ,nsent to the entry of the final Decree in Divorce after service of quest entry of the decree. --Y THAT THE STATEMENTS MADE IN THE FOREGOING Fl[ ND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS ;UBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELAT ALSIFICATION TO AUTHORITIES. l~rigitte M. Burkholder BRIGITTE ~ Plain STEVEN D. De~r 1. lc( 2.1u ' awyer s fees 3, lu~ the Court an( with the Proth IVERI ARE TRUE A ARE MADE~ UNSWORNF Date ~- I I. BURKHOLDER iff BURKHOLDER, dant : IN THE! COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : NO. 00-6808 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE .WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODF ,nsent to the entry of a final Decree of Divorce without notice. ~derstand that I may lose rights concerning alimony, division of pr or expenses if I do not claim them before a divorce is granted. ~derstand that I will not be divorced until a Divorce Decree is enter that a copy of the decree will be sent to me immediately after it )notary. --Y THAT THE STATEMENTS MADE IN THE FOREGOING AFFII qD CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEI ;UBJECT TO THE PENALTIES OF: 18 Pa.C.S. {}4904 RELATINI ALSIFICATION TO AUTHORITIES. I~iff~ M. Burkholder BRIGITTE ~ Plair STEVEN D, Defer October 4, 21 2. (90) days hal 3. of Intention ~ IVEF ARE TRUEi ARE MADE UNSWORN Date I. BURKHOLDER iff V, BURKHOLDER, dant : IN THE! COURT OF COMMON PI. : CUMBERLAND COUNTY, PENN,' : NO. 00-6808 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under §3301(c) of the Divorce Code wa~ 100. The marriage of Plaintiff and Defendant is irretrievably broken and 'e elapsed from the date of the filing of the Complaint. consent to the entry of the final Decree in Divorce after service of request entry of the decree. FY THAT THE STATEMENTS MADE IN THE FOREGOING AFFII ND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. {}4904 RELATIN( ALSIFICATION TO AUTHORITIES. BRIGITTE ~ Plair STEVEN D. Defer 2. property, law 3. the Court an with the Protl' I VEF ARE TRUE ARE MADE UNSWORN Date~ {. BURKHOLDER iff V, BURKHOLDER, dant : IN THE! COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : : NO. 00-6808 CIVIL TERM : : CIVIL ACTION - LAW :IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .~ 3301(c) OF THE DIVORCE CODF consent to the entry of a final Decree of Divorce without notice. understand that I may lose rights concerning alimony, divi,, er's fees or expenses if I do not claim them before a divorce is c understand that I will not be divorced until a Divorce Decree is entel that a copy of the decree will be sent to me immediately after it )notary. :Y THAT THE STATEMENTS MADE IN THE FOREGOING AFFI ~ID CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HI ;UBJECT TO THE PENALTIES OF: 18 Pa.C.S. §4904 RELA'i' ~,LSIFICATION TO AUTHORITIES. St~en D. Burkholder BRIGITTE ~ Plain STEVEN D. Defer I acc, Date 4. BURKHOLDER :iff BURKHOLDER, ,dant : IN THE! COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENN,' : NO. 00-6808 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE ~ted service of the _DIVORCE COMPLAINT on October 10, 2000. Steven D. Burkholder BRIGITTE Plait STEVEN D Defe TO THE PR( mransl of a Divorce I 1. Code. 2. October 10, 3. Divorce Cod~ 5. Prothonotary: 4. BURKHOLDER :iff BURKHOLDER, dant : IN THF COURT OF COMMON PLI : CUMBERLAND COUNTY, PENNI : NO. 00-6808 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE _PRAECIPE TO TRANSMIT RECORD )THONOTARY: nit the record, together with the following information to the court fc )ecree: Ground for divorce: irretrievable breakdown under {}3301 (c) of the D Date and manner of service of the complaint: Acceptance of SE O00. )ate of execution of the Affidavit of Consent required by §3301(c) ~y Plaintiff: October 20, 2003 By Defendant: October 20,; {elated claims pending: None. )ate the Waiver of Notice in §3301(c) divorce was filed with ' Plaintiff: October 24, 2003 By Defendant: October 24, 21 ~'. .... ig, E~;iu yj~ Attorney for Defendant IN TH Bri~itte M. Plaintiff VE Steven D. Bur] Defendant AND NO~ DECREED THAT AND Steven D. ARE DIVORCED F THE COURT RE BEEN RAISED OF YET BEEN ENTER None lrkholder COURT OF COIVlMON PLEAS OF CUMBERLAND COUNTY STA'FE OF ~ PENNA. :holder N O. 00--6808 DECREE IN DIVORCE 3riqitte M. Burkholder Burkholder !OM THE BONDS OF MATRIMONY. ,:~003 , IT IS ORDERED AND , PLAINTIFF, _, DEFENDANT, :TAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE rECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT --D; BY THE COURT: / A :  ~' PROTHONOTARi' Legal Caption To the Court: The Supreme Court termination of inactix recommendation mcr I. Rule of civil Proce~ New Rule of Civil ] within the scope of th inactivity was previo~ pursuant to it. New R and a uniform statewi, This role was proml 360,710 A.2d 1104.(1 prosecution is reqmre( Judicial Admlni~tratio: Rule of Judicial Adi procedure. The gener~ continues to be applies II Inactive Cases The purpose of Rule in/tiated by the court. , procedure is with the p~ Prothonotary shall ente prosecute." Ifa party v the action shall contint a. Y/here the action hca If the action is term proceed under Rule23~ might be the terminat: terminate and thus did ~ The timing of the filir thirty days of the entry ¢ must grant the petition a subdivision (d)(3) requl~ filed and that there is a r, intention to proceed prio petition within the thirty. B. ff3ere the acl~'on has An action which has n. proceed may have been t/ pursue the remedy of a c{ Statement of Intention to Proceed tr~/,,~/~/~'fintends to proceed with the above captioned matter A~ /--~'o Attorney for '~/~a/~/- Explanatory Comment f Pennsylvania has promulgated new Rule of Ciw[1 Procedure 230.2 govemthg the cases and amended Rule of Judicial Admlni~a'a'tion 1901. Two aspects of the 'rocedure 230.2 has been promulgated to govern the termination of inactive cases ~ Pennsylvania Rules of Civil Procedure. The tem~ination of these cases for sly governed by Rule of Judicial Adm/nisWation ]1901 and local rules promulgated fie 230.2 is tailored to the needs of civil actions. It provides a complete procedure [e practice, preempting local niles. lgated in response to die decision of the Supreme Court in Shop v. Eagle, 551 Pa. }98) in which the court held that "prejudice to the defendant as a result of delay in before a case may be dismissed pursuant to local rules in~lementing Rule of t 1901." ~inistration 1901Co) has been amended to acconmtodate the new role of civil I policy of the prompt disposition of matters set fi>rth in subdivision (a) of that role ~le. 230.2 is to eliminate inactive cases from the judicial system The process is tfter giv/ng notice of intent to terminate an action for inactivity, the course of the riles. If the parties do not wish to pursue the case, they will take no action and "the 'an order as of course terminating the matter with prejudice for failure to /shes to pursue the matter, he or she will file a notice ofintentiun to proceed and een terminated tted when a party believes that it should not have been terminated, that party may d) ~for r~lief from the order of termination. An example of such an occurrence ora wable action when the aggrieved party did not receive the notice of intent to )t timely file the notice of intention to proceed. g of the petition to reinstate the action is importattt. If the petition is filed within ['the order of termination on the docket, subdivision (d)(2) provides that the court ~d reinstate the action. If the petition is filed later than the th/ny-day period, ;s that the plaintiff mnst make a show in to the court that the petition was promptly :asonable explanation or legitimate excuse both for the failure to file the notice of ' to the entry of the order of terminatien on the docket and for the failure to file the day period under subdivision (d)(2). tot been terminated ,t been terminated but which continues upon the filing ora notice of intention to te subject of inordinate delay. In such an instance, the aggrieved party may mmon law non pros which exits independently o:f'termination under Rule 230.2.