HomeMy WebLinkAbout01-2181 FX
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Linda M. Echard-Smith,
55#202-42-5107
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 6/- diP'
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David E. Smith,
55#168-36-3024
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE
You have been sued in Court. If you wish to defend against the claims
set forth in the following papers, you must take prompt action. You are warned
that if you fail to do so, the case may proceed without you and a Decree in
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 Office of the Prothonotary at the Cumberland
County Courthouse, 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 49-3166
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James . Miller, Esquire
Atto y for Plaintiff
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Linda M. Echard-Smith,
55#202-42-5107
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. f) k.:<! f/ cu;J /<lMr-
David E. Smith,
55#168-36-3024
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Linda M. Echard-Smith, who currently resides at 1367
Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is David E. Smith who presently resides at 1367 Kiner
Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013.
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 February 14, 1998, in
Cumberland County, Pennsylvania.
5. There have been no prior actions for divorce or annulment
between the parties.
6. The Plaintiff is a citizen of the United States of America.
7. The Defendant is not a member of the Armed Services of the
United States of America.
8. The Plaintiff has been advised of the availability of counseling and
that the Plaintiff may have the right to request that the Court require the parties
to participate in counseling.
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COUNT 1
REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
10. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
11. The marriage of the parties is irretrievably broken.
COUNT II
EQUITABLE DISTRIBUTION OF PROPERTY
12. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
13. The parties have acquired certain property and assets which
constitute marital property.
14. In the event the parties are unable to resolve distribution of marital
property by way of an agreement, then this Honorable Court is authorized to
equitably divide, distribute or assign marital property between the parties in such
proportion as the Court deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff requests this Honorable Court to:
a) enter a decree dissolving the marriage between Plaintiff and
Defendant;
b) equitably distributing all marital property pursuant to section
3502 of the Divorce Code.
Respectfully submitted,
+-~
iller, Esquire
2010 M et Street
Ca ill, PA 17011
17) 737-6400
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H 105,157 REV.a-80
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF HEALTH
VITAL RECORDS
RECORD OF
STATE FILE NUMBER
DIVORCE
OR
ANNULMENT
STATE FILE DATE
COUNTY
t~~1')
(CHECK ONE)
o
HUSBAND
'- NAME (Firsr) (M,ddle)
DM'tIt:> Iz...
,. RESIDENCE $treecorR.D. City, Bora, or Twp.
I 3 C/tII! I-I,j [.. -
5. NUMBEA
OF THIS BLACK
MARRIAGE D
Lastl
2. DATE
OF
Mont"
a;'
~,
Cbunty
2. .2C
)Z>1t-
7. USUAL OCCUPATION
.>~5
BIRTH
4, PLACE
OF
are or
on!/gn
untry
BIRTH
OTHER lSpeejly)
D
WIFE
MAIDEN NAME
{31-/ftr;2.D
/VI
(usr)
5/AA Irtl
I
(Day)
Ir
{Year}
.s/
'0.
RESIDENCE
Ciry. 80ro, or Twp.
County
9 DATE
OF
BIRTH
(Monrl1J
/3iP
(FirSTI
UN!)//-
reetor R.D.
,-Vl[tt I!LJ/i)
'J,.j
(Middle)
12.
NUMBEFI
OF THIS
MARRIAGE
PLACE OF
OF THIS
MARRIAGE
NUMBER OF CHIL.
DREN THIS
MARRIAGE
NUMBER OF HUSBAND
CHILDAENTO 0
CUSTODY OF
DATE OF DECREE
BLACK
D
OTHER (Speedy)
D
I7aJg 11. PLACE
OF
BIRTH
OCCUPATION
(State;,/oreign Country)
Y", A-.
Clr1kfSf,,JZ
0tM BI(/I.4fN',
SA"t..-fU
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(Counry)
wwYJ(./L,,/tNO
(State or ForeiV Z-UnrrYI
18. PLAINTIFF
HUSBAND
D
w~
OTHER {SpeCify)
D
DATE OF (MOnth) (Day) (Year)
THIS ;{ I~ <j~
MARRIAGE
HUSBAND WIFE OTHER lSpeelfy)
0 0 0
55<!)r
(Month) y~,
(;)
NUMBER OF DEPENDENT CHIL
DR EN UNDER 18
.&
17A.
'0.
WIFE
o
SPLIT CUSTODY
D
OTHER (Specify)
o
21. LEGAL GROUNDS FOR
DIVORCE OR ANNULMENT
n.
{Month}
(Day)
(Year)
23. DATE REPORT SENT
TO VITAL RECORDS
24. SIGNATURE OF
TRANSCRIBING CLERK
Husband's social security number:
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-;2., 0 ;L If 2... '5;:1 D 7
Wife's social security number:
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YERIEJCA TlON
I verifY that the statements made in the attached 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: .~/;'! / tJ7
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Linda M. Echard-Smith
vs
Case No. 01-7.181 C;vil
Dayid E. Smith
Statement ofIntention to Proceed
To the Court:
Print Name ,T:=.mpc:: n.
MillPT
e above captioned matter.
V
Linda M. Rchard-Smith
Date: 09/19/2005
The Supreme Court ofpennsylvania has promulgate 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
conunent.
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 may be dismissed pursuant to local rules implementing Rule of Judicial Administration 190 I."
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.
IT Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system The process is initiated by the
co,urt. ~r giving notice of intent to terminate an action for mactivity. the course of the procedure is with ,the parnes.
~ the parties_ do_~noLvtish to:-pUt.siie'.the case, .t4ey_wil~ t~e no actiop.:, and. "the, ProthonPtanr s~l ,enter an Qfder-'as of
course terminating the ~atter wi~ prejuqice for failure to prosecute." If a party Wishes to purSue the matt,er,. he or she
will file a notice ofi1itention to proceed arid 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 terminatiou
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 petitiou 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 petitiou 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 isa 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 oftermination nnder Rule 230.2.
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MILLER LIPSITT LLC
21S7 M'nrkel Street
C<,unp ,Hill. PA 17011
71.7-731~6400
Fa,,:717-737~.5355
""'VliW~lXUll:ldw.conl
Linda M. Echard-Smith
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
v.
No: 01-2181
David E Smith,
Defendant
Civil Action - Law
In Divorce
CERTIFICATE OF SERVICE
I, James A. Miller, Esquire, hereby certify that I have served a copy of the
Statement of Intention to Proceed upon the following person(s) by United States
First Class Mail on the date indicated below:
DATE:
C\.\C\-05
Kent Patterson, Esquire
Attorney At Law
221 Pine Street
Harrisburg, Pennsylvania 17101
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