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HomeMy WebLinkAbout07-5551IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MARVIN L. RIDLEY, , PLAINTIFF, Civil Action---Divorce . Docket No. ~ ~~ ~ '7~ V. _ PATRICIA A. RIDLEY, DEFENDANT, NOTICE TO DEFEND AiND CLAIM OE iIIGi~'P3 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 aze 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 '~othis claim or relief requested in these papers by the Plaintiff. You may lose money or property or othis rights important to you, including custody or visitation of your children. 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 FOR T H BELOiV TO FIND UUT WHISE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MARVIN L. RIDLEY, PLAINTIFF, Civil Action---Divorce Docket No. V. PATRICIA A. RIDLEY, DEFENDANT, AVISO PARR DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomaze accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensation reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes paza usted. Cuando la base pare el divorcio es indignidades o rompimiento irreparable del matrimona, usted puede solicitaz consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County Baz Association, 2 Liberty Avenue, Cazlisle, Pennsylvania 17101. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS AN7CES DE QUE EL DECRI~"I'O FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA O LLAME A LOFFICINAINDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WIIISE A DIVORCE IS SOUGHT UNDER'ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301(c)-------___~~.ievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d)--------__~trievable Breakdown; Two year separation while the court determines that this is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, l Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S.1~Lt!?LETT, ESQUIRE ATTORNEY ~ COUNSELOR AT LAW ~tta~ney fir Plaintiff 7 West Main Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 COiJ=T I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since August 17a', 2007. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHISFORE, .plaintiff requests that the Honorable Court grant a <~ecree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. The parties do not have any biological children. 12. The parties have not hisetofore entered into any written agreement as to support, Alimony, or property division. GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3341 (C) OF THE DIVORCE .CODE. 13. The prior p~raphs are incorporated herein by reference. WHISEFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MARVIN L. RIDLEY, PLAINTIFF, Civil Action---Divorce Docket No. a7 Sss'1 ~ "~.,, V. PATRICIA A. RIDLEY, DEFENDANT, ; COMPLAINT UNDER SECTION 3301(C) OR 3301(Dl OF THE DIVORCE CODE PARTIES 1. Plaintiff is Marvin L. Ridley, an adult individual, sui juris, who currently resides 74 Winter Lane, Enola, 17025 in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Patricia A. Ridley, an adult individual, sui juris, who currently resides 27 Hays Grove, Newville, 17241 in the County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the January 9~', 1987, in the County York, Commonwealth of Pennsylvania. 5. The Plaintiff is not in the military service of the United States within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. C UNT I ALIMONY & ALIMONY PENDENTE LiTE 14. The averments of paragraphs 1 through 13 of Count I of this Complaint are incorporated herein as if set forth verbatim. 15. Plaintiff, is in need of alimony pendente lite during the pendency of this divorce proceeding to provide financial support sufficient to meet and fulfill his reasonable needs. 16. Plaintiff will also incur legal expenses and costs to pursue the legal claims for which he is entitled to and required to pursue, and/or assert his defenses to the same and as such is in need of financial support Plaintiff, Marvin L. Ridley, has heretofore expended $500.00 in counsel fees relative to this action and will incur additional expense during its pendency up until its conclusion. 17. Plaintiff, states that subsequent to the entry of the divorce decree he will encounter financial constraints derived from the costs and expenses associated with maintaining a lifestyle which he currently is accustomed to during his marriage to defendant. 18. Plaintiff, declares that due to the disparate level of income as between he and the defendant, Wife coupled with his medical problems he will be unable to fulfill his reasonable needs and sustain that lifestyle for which he has become accustomed during his marriage. 19. Plaintiff, alleges and avers that in the absence of such Alimony, Plaintiff will be unable to provide for his basic necessities and fulfill his financial obligations as they become due subsequent to the entry of a divorce decree due primarily to his medical anomalies which circumvent his ability to obtain and sustain full time employment. WHEREFORE, Plaintiff prays that this Honorable Court grant his Alimony Pendente Lite during the pendency of this action and Permanent Alimony subsequent to the entry of a Decree in Divorce until such time as the law will allow and provide. COUNT II PETITION FOR EQUITABLE DIVISION DISTRIBUTION AND ASSI LAMENT OF MARITAL PROPERTY 20.The averments of paragraphs 1 through 19 of Count I and II are incorporated hisein by direct reference thiseto as if set forth verbatim. 21. The parties are the owners of various items of personal property and real property which qualifies as marital property as defined in Section 401 of the 1980 Divorce Code. 22. Such marital property includes both real and personal property as well as other intangible property thought to exist, including but not limited to pensions, retirement plans 23. Such property is subject to equitable division, distribution and assignment by this Court. WHEREFORE, Plaintiff prays that this Honorable Court: (a) equitably divide, distribute and assign all of the parties' marital property: (b) enjoin Defendant from transferring or encumbering any marital property during the pendency of this action. GREGORY' S,~IAZLETT, ESQUIRE ATPORNE COiTNC~'~J1~ • TZ ~ m /7 West Main Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements hisein are made subject to the penalties of 18 Pa C.S. & 4904, relating to unsworn falsification to authorities. •, Marvin .Ridley, Plaintiff Date: b a ` x ., '~, *` '~ ov _ - ~ '~'~' ~ ~~ 9,,, mac. ,iTir, c-~ d c ~~ ~ _N ~~ f ~ Y )~ ~ ~y.~ N --~~ o v --~ ~ t_.; b~ N o ~t. f.,,,b vs Statem of Intention to Proceed To the Court: intends to procee 'th the Print Name gn Name Date: Attorney for Explanatory Comment r*~ -+a .~ 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 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. Case No. O ~"' ~(~(~ f ?,, .. YV i P v vs Case No. Statement of Intention to Proceed To the Court: intends to proceed Kame c Date: ~ Attorney for Explanatory Comment 0 t/3 -•a~ -a 3 W .~'. 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 ternunating 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 Ru]e230(d) for relief from the order of temrination. An example of such an occurrence might be the.tetmination 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. :`-~ 't~i the above captioned matter. MarOw L, Adlzov vs Case No. C N cra ""t Statement of Intention to Proceed rnrmn � cn f— !I � -<3> 6-0 C To the Court: 0421C,11,&V intends to proceed the above ca aeatle,r o r� Print Name Sign Name Date: L 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. lI 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 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.