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Home My WebLink About03-5362KIMBERLY ENDERS, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY * PENNSYLVANIA VS. * NO. 03 - Q.J l.: ?}tv?CC&2h? * I KEVIN ENDERS, * CIVIL ACTION-LAW IN DIVORCE Defendant 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 the 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 Court House, '1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 KIMBERLY ENDERS, Plaintiff VS. KEVIN ENDERS, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY * PENNSYLVANIA * NO. Q3 43G-Z ?tv? ?,, ?£2Ir1 * 1 * CIVIL AC'1CION - LAW * IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is Kimberly Enders who currently resides at 510 Grant Street, Camp Hill, Pennsylvania, 17011. 2. Defendant is Kevin Enders who currently resides at 403 Canal Street, Dauphin, Pennsylvania 17018. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on January 16, 2001. 5. Neither Plaintiff nor Defendant is in the military oir naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has 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 avers there are no children of the parties. COUNT 1. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. 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, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT 11. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the Parties is irretrievably brokers. 14. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. Respectfully submitted: BYk4A- L ?u tephanie I,. Mihalko, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. The Wiley Group 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 Supreme Court ID#86998 ATTORNEY FOR PLAINTIFF Date: d-? VERIFICATION I, Kimberly Enders, hereby swear and affinn that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 6 -IZ,o3 V ev -n Cnd e-5 n Jd nee-5 A(33 GAa l Kimberly En s, Plaintiff d'T i?- ? '? O ?v W b^ o ???: ,r ??` U? ? t Y <_, -? s ?t, iJ (D ?? . .fir, ;_ -G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY KEVIN ENDERS, Plaintiff * CIVIL ACTION - LAW * IN DIVORCE * * NO. 03-5362 Civil Term * * * Defendant ACCEPTANCE OF SERVICE I, Kevin service of the Defendant in the above-captioned matter, have accepted Complaint as of this, the -,20 day of , 2003. KEVIN ENDERS 63 e?w4 L51F. p0 80, Address Yb3 ???,VIA), P, /70/8 City, State, Zip r c; __ ?,;?; ,, ? ?' , 2 . -;: . L .. i J - ' -. ?^' - kcVi ^J S ?n1DEQS vs Case No. 0 3 - -`.36;,7 IK t Ntscd A , Et-iw5 Statement of Intention to Proceed To the Court: /KEvI/,) EtiDE25 Print Name _ nJ_ ENtjE/? intends to proceed with the above captioned matter. Sign Name Date: `I 6 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 total 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 riot wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course te^ninatki- the matter with prejudice for failure to prosecute." If a party wishes to pursue the n:att:x, 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 tenninated, 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 tennination 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? .. Curtis R. Long Prothonotary Office of the i3rotbonotarp Cumberianb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor .3 53 L, Z CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573