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HomeMy WebLinkAbout07-5182McNEES WALLACE 8~ NURICK LLC By: Debra Denison Cantor I.D. No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantorCcD_mwn.com Attorneys for Plaintiff DIANNE E. LEBLANC, Plaintiff v. JOHN E. LEBLANC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. p~ - 518 Civil Ter-N- 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 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 at the Cumberland County, 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 32 South Bedforci Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC By , D 'son Can or I.D. o. 6378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: August 29, 2007 McNEES WALLACE & NURICK LLC By: Debra Denison Cantor I.D. No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantorCcD_mwn.com Attorneys for Plaintiff DIANNE E. LEBLANC, Plaintiff v. JOHN E. LEBLANC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN DIVORCE COMPLAINT IN DIVORCE Divorce Under 3301(c1 or 3301(d) of the Divorce Code And now comes Plaintiff, Dianne E. LeBlanc, by and through her counsel, McNees Wallace & Nurick LLC, and files the following Complaint in Divorce. COUNT I Divorce Under 3301(c1 or 3301(d) of the Divorce Code 1. Plaintiff is Dianne E. LeBlanc, who currently resides at 20 Bourbon Red Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is John E. LeBlanc, who currently resides at 20 Bourbon Red Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 20, 1986 in Randolph, Massachusetts. 5. Plaintiff and Defendant began to live separate and apart in 2002. 6. There has been no prior action of divorce between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. 9. After 90 days have elapsed from 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. 10. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. McNEES WALLACE 8~ NURICK LLC en on Cantor I.D. 378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: August 29, 2007 VERIFICATION I verify that the statements made in the foregoing 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 unswom falsification to authorities. Dianne E. LeBlanc Dated: ~~a1 ~/D 7 N ~ ~o, c . `~ _ ' 0 c~ Ye _..:.. 1(I _ .~ _ ~ ~ ~ - 1 G""3 Ill ~, r W -.1 V `._ -~t.a '> 8 ~ b ,. S . ~ c; rv ~ ril ~~ M -~ ~~ McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 260-1667 facsimile dcantorCc~mwn.com Attorneys for Plaintiff DIANNE E. LEBLANC, Plaintiff v. JOHN E. LEBLANC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07-5182 CIVIL TERM IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Divorce Complaint in the above matter. `~~ John E.i(C~eJBlanc Dated: ~1/ s~® ° ZT v ^ t7r `~" tr t r r ~..f_) trt !_.~ ~_._ Gr} ;1-:- 1 .e;: l ~~ ..+yy , ~-. ~ ~ DIANNE E. LEBLANC vs Case No JOHN E. ] MI ANC Statement of Intention to Proceed To the Court: Plaintiff, Dianne E. LeBlanc Print Name Debra D. Cantor Date: 3 tt C . 07-5182 tn C intends to proceed with the above captioned matter. Sign Name - ?: - % --___-_-- Attorney for Plaintiff, Dianne E. LeBlanc 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 ti.c matter, h_ 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 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. THE PROTHONOTAR"i 21111 FEB 15 AM I 1` G 3 ruPENNSYLVANIA TY DIANNE E. LEBLANC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JOHN E. LEBLANC, Defendant NO. 07-5182 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed August 30, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. 1 f /a q /)- 011 Dianne E. LeBlanc Date: 3 THE PROTHONO A c 2011 FEB 15 AM 11.4 3 CUMBERLAND COUNTY DIANNE E. LEBLANC, PENNSYLVAMHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 07-5182 CIVIL TERM V. IN DIVORCE JOHN E. LEBLANC, Defendant 1. I consent to the entry of a final decree in 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 unswom falsification to authorities. ?)"" -, '?-'d- Dianne E. LeBlanc Date: 1"2qlll t E° i?ED-O FILL , ad i ! 1i" 0R0TH0N0TA1' LOI I FE8 IS AM": 04 CUMBERLAND COUN" DIANNE E. LEBL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JOHN E. LEBLANC, Defendant NO. 07-5182 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed August 30, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. /c? ohih'E. LeBlanc Date: d ?J s=1t. 0-Q 1 L ,. ZZ,1 FE8 15 AIR 11.04 MBERLAN© COUNTY DIANNE E. LEBLA, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 07-5182 CIVIL TERM IN DIVORCE JOHN E. LEBLANC, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 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. 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. t ? l Jo ?Ae lanc Date: / r iLEO-Oi= FICE O THE PROTHONOTAR'r' 2011 FEB 15 A)911: 04 McNEES WALLACE & NURICK LLC By: Debra Denison Cantor I.D. No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor _mwn.com Attorneys for Plaintiff CUMBERLAND COUNTY PENNSYLVANIA DIANNE E. LEBLANC, Plaintiff V. JOHN E. LEBLANC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. DS -,5) 8 al IN DIVORCE PRAECIPE TO TRANSMIT RECORD 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: first-class U.S. Mail upon Defendant with an Acceptance of Service form, mailed on September 4, 2007. An Affidavit of Service was filed on September 19, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: January 29, 2011; by Defendant: January 29, 2011. Both Affidavits are being filed contemporaneously with this Praecipe. TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 4. Related claims pending: N/A 6. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: contemporaneously with this Praecipe. Date Defendant's Waiver of Notice was filed with the Prothonotary: contemporaneously with this Praecipe. McNEES WALLACE & NURICK LLC By br De ison Cantor I.D. RoR6378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: February 1q, 2011 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Transmit was served by first-class mail upon the following: John E. LeBlanc 20 Bourbon Red Drive Mechanicsburg, PA 17050 Atto r intiff Dated: February 14, 2011 DIANNE E. LEBLANC V. JOHN E. LEBLANC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5182 DIVORCE DECREE AND NOW, / 4wvu- 3' , Z-o I/ , it is ordered and decreed that DIANNE E. LEBLANC , plaintiff, and JOHN E. LEBLANC , defendant, are divorced from the bonds of matrimony. 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 the Court, ? ' ??? ? t ? ? ?? ? ? ?, ?a? a , a zf. ? r ??o?ce ? -? ? .