HomeMy WebLinkAbout03-2443TIMOTHY J. LEACH, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 03, o?g41J 4?'J
APRIL D. LEACH,
DEFENDANT: IN 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, 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 Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166 or
800-990-9108 (in PA only)
TIMOTHY J. LEACH,
PLAINTIFF
V.
APRIL D. LEACH,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - AW
NO. 03 • .,2 V"
IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c)
OF THE DIVORCE CODE
AND NOW comes the above Plaintiff, Timothy J. Leach, by his attorney, William R.
Balaban, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon
the grounds hereinafter set forth:
1. The Plaintiff, Timothy J. Leach, is an adult individual who resides at 2045 Valley
Road, Enola, Cumberland County, Pennsylvania.
2. The Defendant, April D. Leach, is an adult who resides at 2022 Market Street, Camp
Hill, Cumberland County, Pennsylvania.
3. The Plaintiff has been a bond fide resident of the Commonwealth of Pennsylvania
for at least six (6) months immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on June 3, 1995, in Cumberland County,
at the Condoquinet Creek, Enola, Pennsylvania.
5. The Plaintiff and Defendant are both citizens of the United States of America.
6. There have been no prior actions in divorce between the parties.
7. The Plaintiff and Defendant are not members of the Armed Services of the United
States or any of its allies.
Plaintiff has been advised of the availability of counseling and that he may have the
right to request that the Court require the parties to participate in counseling.
9. The cause of action and sections of Divorce Code under which Plaintiff is proceeding
are:
A. Section 3301(c). The marriage of the parties is irretrievably broken.
After ninety (90) days have elapsed from the date of the filing of this
Complaint, Plaintiff intends to file an Affidavit consenting to a divorce.
Plaintiff believes that Defendant may also file such an Affidavit.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from
the bonds of matrimony.
Respectfully Submitted,
ELLIOTT REIHNER SIEDZIKOWSKI
EGAN & BALABAN
By: J
William R. Balaban, Esquire
Attorney I. D. #: 19667
Governors' Row
27 North Front Street
P. O. Box 1284
Harrisburg, PA 17108-1284
Attorney for Plaintiff
Date: '5- /;t, 3) 0 3
TIMOTHY J. LEACH,
PLAINTIFF
V.
APRIL D. LEACH,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.
IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c)
OF THE DIVORCE CODE
I, Timothy J. Leach, 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. A. § 4904
relating to unsworn falsification to authorities.
By:
'm y J. Leach
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Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
TIMOTHY J. LEACH,
Plaintiff
VS.
APRIL D. LEACH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
03 - 2443 CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Andrew C. Sheely, Esquire, hereby accept service of the
divorce complaint on behalf of April D. Leach , Defendant, and
further certify that I am authorized to do so in accordance with
PA. R.C.P No. 402 (b).
A4?tj (5g
Date: May 24, 2003 Andrew C. Sheely, Esquire
C C
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:.rt
Timothy J. Leach
Plaintiff
vs Case No. 03-2443
April D. Leach,
Defendant
Statement of Intention to Proceed
To the Court:
Timothy J. Leach, Plaintiff,
intends to proceed with the above captioned matter.
Print Name William R. Balaban, Esqu?Ui Narne 9 (,P _
Date: 12 October 2006 Attorney for Timothy J. Leach, Plaintiff
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.
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Timothy J. Leach, Plaintiff
vs Case No. 03-2443 CIVIL
April D. Leach, Defendant
Statement of Intention to Proceed
To the Court:
Timothy J. Leach, Plaintiff, intends to proceed with the above captioned matter.
Print Name Willia R. B lab5
In, Esq. Si=n Name ?j IriG
Date: 8/31/09 Attorneyfor Timothy J. Leach, Plaintiff
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.
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 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
ternmination 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.
} t.
Ci i? AR".
2009 SEP -2 PH 3: 1
CUM
David (D. Bueff
Prothonotary
KirkS. Sohonage, ESQ
Solicitor
V
r.F CI,
?750
Penee X. Simpson
1" Deputy Trothonotary
Irene E. W orrow
2 d Deputy (Prothonotary
Office of the Prothonotary
Cumberland County, 1Pennsykania
1) '3 . aA/ CIVILTERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 30TH DAY OF OCTOBER, 2012, 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, P-.A 17013 • (717) 240-6195 • (Fax (717) 240-6573