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Home My WebLink About07-1761 KAY M. LEBO, vs. RANDAL LEBO, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA No. ~ 7' ~ ~ ~O ( Civil Term ACTION IN DIVORCE Defendant 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 i KAY M. LEBO, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ~ ~ a ~ ~ ~ ( Civil Term RANDAL LEBO, ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Kay M. Lebo, a competent adult individual, who resides at 704 Baltimore Pike, Gardners, Cumberland County, Pa, 17324. 2. Defendant is Randal Lebo, a competent adult individual, who resides at 704 Baltimore Pike, Gardners, Cumberland County, Pa., 17324. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 6, 2003 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint 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. Date: `~•~~~ 0~ K . Leb , 1 i iff Respectfully submitted, J e dams, Esquire .D. 0. 79465 6 outh Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF <~? r-s ~ c~ , .~... ' _--- ~ X -n ~ ~ ~~~ _~;~z ~ ~ ~, ~ -;y ~.: . ~ ~ro . y f .= ~ ~ o ~ ~~ .~ ~( n KAY M. LEBO, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. C~~ r ~ , lIl , Civil 'Term RANDAL LEBO, :ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this April 16, 2007, I, Jane Adams, Esquire, hereby certify that on or about Apri19, 2007, a certified true copy of the NOTICE TO DEFEND AND DIVORCE COMPLAINT was served upon the Defendant, via certified mail, restricted delivery, return receipt requested at the following address: Randal Lebo 704 Baltimore Pike Gardners, Pa. 17324 DEFENDANT ^ 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 mallpiece, or on the front if space permits. 1. Article Addressed to: RANDAL LEBO 704 B.ALTIMOR~~ PIKE GARDNERS PA 17324 2. ArtideNumtxjr 7003 2260 0000 8703 0334 (1"rerufer horn serv PS Form 3811, February 2004 Domestic Return Receipt to2sss-o2-tit-tsao ^ Agent ^ Addressee C. Date of Delivery D. Is deMety adbress dMlbrent from item 11 ^ Yes If YF~, errter delivery address below: ^ No 3. Service Type D CertAled MW ^ Express Meil ^ Repltstered ^ Ratum Receipt itx Merchandise ^ katnbd MaA ^ C.O.D. 4. ReMrlceed Delivery? iEScaia Feel ^ Yes Submi J e dams, Esquire .D. 0. 79465 64 outh Pitt Street arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF _ _ ~ f~} ~I ~ ...A`""^ ~"~ r f 1r m ~.? ~.. t, ~'t3i _ -n i`C1 .,_- ' ~ ,n..y~ l ..n J ~.... .. L : ._ _' ~~~. ` ~ r ~ 6J •, ~. ~ j "1: J~ - -~,~ v vs ~` C~-~~~ Case No. D 7 "'-~ ~ ~ ~/ Q t/ O r~ N i ~~ Stateme o n ention to Proceed -~~: a , ,+ ~.~ -+ ~rn cn t- -- =~~ To the Court: ..,~;>~ ~ c~ , s-- `~ cs intends to proceed with the above capte~l mr. ~ --~= `_ ~r Print Name CQ/V~r- Sign Name -~ ~ ~ .~ Date: Z ~ b Attorney for _ ~ 1 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 ternunating the matter with prejudice for failure to presecute." 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 temunated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of temunation. 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 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. Explanatory Comment o �Q M David-D. Buell e;, Renee 7C Simpson Prothonotary ;, q 1St Deputy cProthonotary o \‘, 4!PaLN ;r. Z C` irks. Sofionage, ESQ a. Irene E. Morrow Solicitor „so 2nd Deputy(Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania 07— Pus,s, [ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,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 • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Faz(717)240-6573