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HomeMy WebLinkAbout99-07691 (2)n I SN 3 It V C e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY A. STATE OF wwv PENN ih. MONIQUE E. McGRAW-NASH _ II Plaintiff VERSUS FRED W. NASH Defendant No. 1999 - 7691 CIVIL TERM DECREE IN DIVORCE 't k. .5z A AND NOW, IT IS ORDERED AND DECREED THAT MONIQUE E. MCGRAW-NASH PLAINTIFF, AND FRED W. NASH ,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 ATTEST: J, PROTHONOTARY ?i? .? I HAROLD S. IRWIN. 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR PLAINTIFF MONIQUE E. McGRAW-NASH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 99 - CIVIL TERM FRED W. NASH, Defendant : 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 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counsebxs is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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, Pennsylvania 17013 717-249-3166 o - MONIQUE E. McGRAW-NASH, Plaintiff V. FRED W. NASH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7G9/ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 c OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Monique E. McGraw-Nash, an adult individual residing at 210 Fern Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Fred W. Nash, an adult individual residing at 956 Forest Creek West, Apartment A., Columbus, Ohio 43223. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on May 16, 1994, in Frederick County, Virginia. , i 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that she has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. December 28, 1999 MONIQUE E. McGRAW-HASH; Plaintiff HAROLD S. IRWIN, II Attorney for Plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 MONIOUE E. McGRAW-NASH, Plaintiff V. FRED W. NASH, Defendant F : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 76CIVIL TERM IN DIVORCE The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. i C.S. Section 4904 relating to unsworn falsificati to authorities. i December 28, 1999' ..,.r_vew-NOSH. Plaintiff 6s HAROLD S. IRWIN, 111 ESQ. ATTORNEY ID NO. 82585 35 EAST HIGH STREET CARLISLE PA 17013 (717) 2438090 ATTORNEY FOR PLAINTIFF MONIQUE E. McGRAW-NASH, Plaintiff V. FRED W. NASH, Defendant AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (8)(1)(11) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about December 31, 1999, by certified mail "restricted delivery", addressed to him at Borden, Inc., 108 East Broad Street, 32nd Floor, Columbus, Ohio 43223, Certified Mail Receipt No. Z 339 062 164. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7691 CIVIL TERM IN DIVORCE I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification Vauthorities. January 10, 2000 Karold S. Irwin, III Attorney for plaiyi t I also wish to receive the follow- m SENDER: -- Ing services (tor an extra tee): m i OComgote ilemel aMlor2lor additional cerviwe. 'i m s Compete uomc e, 4o,eM+b. d addmsa an the reveres of lhia loan so that wo can mlum th 0 Addressee's Address 1. ,?, p pant your name an Card IO YOU • of m the eatlt it 6p°Ced amt t of lha rnaipeCe. ? 2 g Rasirlcted Dellvory a OAUacn Nie loan to lno h0n permit. uealod-on the meilgece below the ad-Ua nM dmo O Wrile 'Aelwn AxaDrn oe the,,da wag dolwe c ptne Retum Reco,Dlmll MOw to whom e deovered. V 3 Atli ?clo Adtlressed to: ,, /116L_•F-? W • 1? A5O E -p ble'CPEtiJ A ST- ?e?u.lri'h3tic nN ? ? 5. Recel :(Pnfl Name / D ? /v/ 3 6. Signature (Addressee or Agent) T pS Farm 3811, December 1994 ? Registered ? Express Mail fee edilled [)Insured a? vs ?o rm J ?- I U M 1? M '? o N CL C, ?.? a° U n ZO C, it Iri N u C C m a c 0 T C '. F 1 ".. 3 HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF MONIQUE E. McGRAW-HASH, Plaintiff V. FRED W. NASH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 7691 CIVIL TERM :114 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 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 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 17013. 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, Pennsylvania 17013 717-249-3166 nt?i MUNIQUE E. McGRAW-HASH, Plaintiff V. FRED W. NASH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 7691 CIVIL TERM : IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3j01(dl Op TIME DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this amended complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Monique E. McGraw-Nash, an adult individual residing at 210 Fern Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Fred W. Nash, an adult individual residing at 956 Forest Creek West, Apartment A., Columbus, Ohio 43223. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on May 16, 1994, in Frederick County, Virginia. 5. Pursuant to the Divorce Code, Section 3301(d), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a period of at least two years. The parties have lived separate and apart since December 27, 1999. 6. The plaintiff avers that she has been advised of the availability of counseling and that she has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. December 002 E. MoGI%AW-NA9H, Plaintiff HAROLD S. IRWIN, Attorney for Plainti 35 East High Street Carlisle, Pennsylvania 17013 (717) 243.6090 Supreme Court ID No. 29920 I r_ MONIQUE E. McGRAW-NASH, Plaintiff V. FRED W. NASH, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 7691 CIVIL TERM : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on December 27, JF`IW11, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 C.S. of 4904 relating to unsworn falsification to authorities. / December, 2002 Plaintiff MONIQUE E. McGRAW-NASH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 99 - 7691 CIVIL TERM FRED W. NASH, Defendant : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or (both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any daims for economic relief. 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. (b) I wish to claim economic n:lief which may include alimony, division of property, lawyer's fees or expenses or other importa it rights. In understand that in addition to checking (b) above, I must also file all of my economic the claims date with the prothonotary in writing and serve them on the other party. If I fail to do so before set forth on the Notice of Intention to Request Divorce Decree, the divorce decree be entered without further delay. may I verify that the statements made in this affidavit 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. 2002 FRED W. NASH, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file this Counteraffidavit. L ?J cV r' } CCl ] J ? i U 1I { MONIQUE E. McGRAW.NASH, Plaintiff V. IN THE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FRED W. NASH, : NO. 99 - 7691 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQU ENTRY OF A DIVORCE DECREE UNDER $FrTsA&, I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree 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 this affidavit are true and correct. false statements herein are I understand that made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. August, 2006 ?? MO 10UV-G AW- NAS '.:x:11, --,-.. o i p Ul MONIQUE E. McGRAW-NASH, Plaintiff V. FRED W. NASH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 7691 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I, FRED W. NASH, defendant in this divorce action, hereby certify that I received a certified copy of the amended complaint in divorce on or about February 1, 2003. I verify that the statements made in this acceptance of service 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. September, 2006 CQDA FRED LNASH Defendant -7W S'7 U" c_. ? O N U MONIQUE E. MCGRAW-NASH, Plaintiff V. FRED W. NASH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 7691 CIVIL TERM : IN DIVORCE WAIVER OF N TICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE !UNDER SECTION 3301(!) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree 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 this affidavit 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. September, 2006 2 P L (2'e FRED V; O4 i i, Z75 LTA C J - CIS J - - fJ J 1 c?+ HAROLD S. IRWIN, 111, ESQ. ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-9090 ATTORNEY FOR PLAINTIFF MONIQUE E. McGRAW-NASH, Plaintiff V. FRED W. NASH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 7691 CIVIL TERM : 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: 1. Ground for divorce: Separation of the parties for over two years under Section 3301(d) of the Divorce Code (the parties have been separated since December 27, 1999. 2. Date and manner of service of the complaint: Service of the amended complaint was by mail on defendant on or about February 1, 2003. 3. Date of execution by the plaintiff and service upon the defendant of the affidavit under Section 3301(d) of the Divorce Code: Executed by plaintiff on December 5, 2002 and attached to the amended complaint which was served on defendant on or about February 1, 2003. 4. Date of execution by the defendant of the counter-affidavit under Section 3301 (d) of the Divorce Code: A counter-affidavit under Section 3301 (d) of the :r divorce code was attached to the amended complaint served upon defendant; however, defendant has not filed a counter-affidavit. 5. Date of service upon plaintiff of the notice of intention to request entry of a divorce decree: N/A. Plaintiff signed a waiver of such notice on August 31, 2006. 6. Date of service upon defendant of the notice of intention to request entry of a divorce decree: N/A. Defendant signed a wiaver of such notice on September 2006. 7. Related claims pending: None September 6 , 2006 11AKULU J. IKVVIN, III Attorney for Plaintiff Cl) f= U.1 C) r. ii t M JN 4 rh Grl 4J vs caseNo. , 1 c9/o/ -7z'57/ fe?? % -a N+-A5 fa Statement of Intention to Proceed To the Court: •PQ'O-r OA.)b '' 10 e, ? Co ?o--7- intends to proceed with the above captioned matter. Print Name I-2¢?3 W tJ 45 j* Sign Name :& Ib Date: _20L?/9 15., -Lar/r- 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 1. Rule ajcivil 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(6) 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 Cased 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 prosecutes " If a party wishes to pursue a 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 Rulc230(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). E. Where die action has not been terminated An action which has not been terminated but which continues upon the riling 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. i= -- ur•=- ==54 - O ?° U V. HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF MONIQUE E. McORAW-NASH, : IN THE COURT OF COMMON PLEAS OF Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 99 - ?M/ CIVIL TERM FRED W. NASH, Defendant : 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 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counse'•ors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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, Pennsylvania 17013 717-249-3166 MONIQUE E. McGRAW-HASH, Plaintiff V. FRED W. NASH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - ? ag/ CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Monique E. McGraw-Nash, an adult individual residing at 210 Fern Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Fred W. Nash, an adult individual residing at 956 Forest Creek West, Apartment A., Columbus, Ohio 43223. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on May 16, 1994, in Frederick County, Virginia. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that she has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. December 28, 1999 MONI E E. c A H, Plaintiff HAROLD S. IRWIN, 11 Attorney for Plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 MONIQUE E. McGRAW-NASH, Plaintiff V. FRED W. NASH, Defendant : IN THE COURT OF COMMON PLEAS OF , CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 769/ CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2, 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsificatip to authorities. December 28, 1999 . ON U McCRAW-NASH, Plaintiff HAROLD S. IRWIN, 111 ESQ. ATTORNEY ID NO. 82585 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF MONIQUE E. MCORAW-NASH, Plaintiff V. FRED W. NASH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7691 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about December 31, 1999, by certified mail "restricted delivery", addressed to him at Borden, Inc., 108 East Broad Street, 32nd Floor, Columbus, Ohio 43223, Certified Mail Receipt No. Z 339 062 164. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification teauthorities. January 10, 2000 tfarold S. Irwin, 111 Attorney for plairN C:D i HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF MONIQUE E. McGRAW-HASH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 99 - 7691 CIVIL TERM FRED W. HASH, Defendant :114 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 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 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 17013. 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, Pennsylvania 17013 717-249-3166 MONIQUE E. McGRAW-NASH, Plaintiff V. FRED W. NASH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7691 CIVIL TERM IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this amended complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Monique E. McGraw-Nash, an adult individual residing at 210 Fern Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Fred W. Nash, an adult individual residing at 956 Forest Creek West, Apartment A., Columbus, Ohio 43223. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on May 16, 1994, in Frederick County, Virginia. 5. Pursuant to the Divorce Code, Section 3301(d), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a period of at least two years. The parties have lived separate and apart since December 27, 1999. 6. The plaintiff avers that she has been advised of the availability of counseling and that she has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. December L, 002 HAROLD S. IRWIN, 1 Attorney for Plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 MONIQUE E. McGRAW-NASH, Plaintiff v. FRED W. NASH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 7691 CIVIL TERM IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on December 27, f(m, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 C.S. of 4904 relating to unsworn falsification to authorities. December,, 2002 Plaintiff MONIQUE E. McGRAW-NASH, Plaintiff V. FRED W. NASH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 7691 CIVIL TERM : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or (both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other importa it rights. In understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and aerve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this affidavit 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. 2002 FRED W. NASH, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file this Counteraffidavit. ? ? ?, c. w , x13 ? w ? 'Y ? .? ; ? i Cpl: _t, - _.?. :? -'C',' N C-rr1 j \J (v MONIQUE E. McGRAW-NASH, Plaintiff V. FRED W. NASH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7691 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(D) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree 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. 1 verify that the statements made in this affidavit 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. August,, 2006 AdL MO QUE E. CRAW-NAS { t { 1 ?, ? T -. 1 ,,1.- -? ^:? 1_`?1 i i? G? 4 HAROLD S. IRWIN, 111, ESQ. ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF MONIQUE E. McGRAW-NASH, Plaintiff V. FRED W. HASH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 7691 CIVIL TERM 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: 1. Ground for divorce: Separation of the parties for over two years under Section 3301(d) of the Divorce Code (the parties have been separated since December 27, 1999. 2. Date and manner of service of the complaint: Service of the amended complaint was by mail on defendant on or about February 1, 2003. 3. Date of execution by the plaintiff and service upon the defendant of the affidavit under Section 3301(d) of the Divorce Code: Executed by plaintiff on December 5, 2002 and attached to the amended complaint which was served on defendant on or about February 1, 2003. 4. Date of execution by the defendant of the counter-affidavit under Section 3301 (d) of the Divorce Code: A counter-affidavit under Section 3301 (d) of the divorce code was attached to the amended complaint served upon defendant; however, defendant has not filed a counter-affidavit. 5. Date of service upon plaintiff of the notice of intention to request entry of a divorce decree: N/A. Plaintiff signed a waiver of such notice on August 31, 2006. 6. Date of service upon defendant of the notice of intention to request entry of a divorce decree: N/A. Defendant signed a Waver of such notice on September 2 , 2006. 7. Related claims pending: None September (, 2006 HAROLD S. IRWIN, 111 Attorney for Plaintiff MONIQUE E. McGRAW-NASH, Plaintiff v. FRED W. NASH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 99 - 7691 CIVIL TERM : IN DIVORCE , ACCEPTANCE OF SERVICE I, FRED W. NASH, defendant in this divorce action, hereby certify that I received a certified copy of the amended complaint in divorce on or about February 1, 2003. I verify that the statements made in this acceptance of service 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 unswom falsification to authorities. 2006 AA4 September. , FRED .NASH Defendant Q C? -n to. ' -,-. °? MONIQUE E. McGRAW-NASH, Plaintiff V. FRED W. NASH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 7691 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(D1 OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree 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 this affidavit 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. SeptembML, 2006 FRED W. NASH _ co - `; M o N L"I 'e- fy\,C- G-^-)-? vs Case No. / ;?z 9 a7 4, N V?-,5 k Statement of Intention to Proceed To the Court: f Ro-r- Na& t5T 1 o C.- 0 tz- -7- PrintName F 2 Q?? \-.-) Q,%5 14- intends to proceed with the above captioned matter. Sign Name _ -;7j Date: /T 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. 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 io 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. r-, - _ ?? - , . _ .? . _.a ?.? - - .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY el& Aft Nis STATE OF PENNA. MONIQUE E. McGRAW-NASH Plaintiff NO. 1999 - 7691 CIVIL TERM VERSUS FRED W. NASH Defendant DECREE IN DIVORCE _s d ? AND NOW, `' , , IT IS ORDERED AND DECREED THAT MONIQUE E. McGRAW-NASH , PLAINTIFF, AND FRED W. NASH -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 PROTHONOTARY t :? .-