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Home My WebLink About07-1911 MARK E. YOHE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JENNIFER R. YOHE, Defendant CIVIL ACTION - LAW NO. 07 - 19 J I CIVIL TERM IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK E. YOHE, v. JENNIFER R. YOHE, Defendant CIVIL ACTION - LAW NO. 07 - 19 /I CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE I. Plaintiff is Mark E. Y ohe, an adult individual, who is residing at 331 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Jennifer R. Yohe, residing at 331 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on September 21, 1996, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiffhas 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. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: April 9, 2007 Leslie A. Tomeo, squire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court J.D. # 200198 Attorney for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MARK E. YOHE, v. JENNIFER R. YOHE, Defendant CIVIL ACTION - LAW NO. 07 - CIVIL TERM IN DIVORCE VERIFICATION 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. S4904, relating to unsworn falsification to authorities. Date: ~ !tJ,107 ~ ) V------- Mark E. Y ohe', Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK E. YOHE, v. CIVIL ACTION - LAW NO. 07 - CIVIL TERM IN DIVORCE JENNIFER R. YOHE, Defendant CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Plaintiff, Mark E. Yohe, hereby certify that I this day served a copy of the Complaint in Divorce upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jennifer R. Y ohe 331 Steelstown Road Newville, Pennsylvania 17241 Respectfully submitted, Ringer & Associates es e A. Tomeo, squire 155 South Hanov r Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court J.D. # 200198 Attorney for Plaintiff Date: April 9, 2007 ~ ~. 14 \ ~ ~ vJ -c .......... .~ - ""-l b ~ \.;. -t\ 0' ....:<..:. ...j -.c .< ~ ~ ~ ~, ~, e;l ~ '\ ~ C) f"o,.,) ~:; g 0 -... ." .:n.. -' -(; ::;:J :;;0 in ::TJ I Tim U) 7)0 ',)(1 v ~:; ....;".} ::1: ~.5::U ~ ~:~ (~) r:-? ~';m ~, ~ a :.0 Ol -< 1A1.nrk ~. ~~ vs Case No. D~-~-11' ~ ~~ ~~ Statement of Intention to Proceed To the Court: crt ~ - ''~} ~ . ~• ~`~~ _ intends to proceed with the above capriotled~atte~r;:a • ~ ~_ t; Print Name ~. ILY~~ Sign Name ~ ,_._ s~ Date: ~ Attorney for 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. 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 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 Ru1e230(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 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. 0 ~~ _~ r.~t ,~ o;yr` ~~ ~_~~ _; ~ :`~:: r'7s .~~ V WALKER, CONNOR & SPANG, LLC 247 Lincoln Way East Chambersburg PA 17201 FILED-OFFICE (717) 262-2185 OF THE PRATHONO TA L v (717) 262-2187- Fax VVE 1 8 rn '?)8 Mark E. Yohe, IN THE COURT OF COMMODNMM?ND COUN_[Y Plaintiff, CUMBERLAND COUNTY, PAPFNNSYLVANIA V. NO. 07-1911 CIVIL TERM Jennifer R. Yohe, CIVIL ACTION - LAW Defendant, IN DIVORCE PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE To the Prothonotary: Please withdraw the appearance of Karl E. Rominger, Esquire, as counsel for the Plaintiff in the above-captioned case and enter the appearance of Martha B. Walker, Esquire as counsel for the Plaintiff. WALKER, CONNOR & SPANG, LLC Date: ? 11Z By: z Oartha B. Walker, Esquire Attorney I.D. #15989 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 Attorney for Plaintiff Date: ` Z Karl E. Rominger, Esquire WALKER, CONNOR & SPANG, LLC 247 Lincoln Way East Chambersburg PA 17201 , (717) 262-2185 r-rj CZ, " c? r a f (717) 262-2187 - Fax r -- r-,) --? PV f c? Mark E. Yohe, IN THE COURT OF COMMON PL> CD Plaintiff, CUMBERLAND COUNTY, PA .. .. o ; _F v. NO. 07-1911 CIVIL TERM S = Jennifer R. Yohe, : CIVIL ACTION - LAW Defendant, IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: July 19, 2007 by Acceptance of Service. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, October 18, 2011; by Defendant, September 19, 2011. 4. Related claims pending: Resolved through private Agreement; 5. (a) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with Prothonotary: October 19, 2011. (b) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 4, 2011. WALKER, CONNOR & SPANG, LLC BY: Martha B. Walker' Esquire Attorney I.D. #15989 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 Attorney for Plaintiff Mark E. Yohe V. Jennifer R. Yohe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1911 CIVIL TERM DIVORCE DECREE AND NOW, it is ordered and decreed that Mark E. Yohe Jennifer R. Yohe bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By ourt, Att J. Prothonotary ce A C? ??? r? mar ?cd -? ?? ?l? Ga