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HomeMy WebLinkAbout07-6614i ~ ~< / CHRISTINA A. JONES, Plaintiff vs. TORREY K. JONES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEf~NSYLVANIA No. Z ~~_ ~~tf Civil Term ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against he claims set forth in the following pages, you must take prompt action. You are warn d that if you fail to do so, the case may proceed without you and a decree of divorce r 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 visits ion of your children. Where the ground for the divorce is indignities or irretrievabl breakdown of the marriage, you may request marriage counseling. A list of marriage ounselors is available at the Office of the Prothonotary, Cumberland County Co rthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION F PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR AN ULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER ATIONCE. 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 SET LEGAL HELP. Cumberland County Bar Association II 32 South Bedford St. Carlisle, Pa. 17013 ~I (717) 249-3166 r IN THE COURT OF COMMON LEAS CUMBERLAND COUNTY, PE NSYLVANIA No. o ~° ~ ~ ~ `/ Civil T~rm ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Christina A. Jones, a competent adult individu I, who has resided CHRISTINA A. JONES, Plaintiff vs. TORREY K. JONES, Defendant 2. Defendant is Torrey K. Jones, a competent adult individu~I, who resides at 2A Duke Street, Hershey, Dauphin County, Pennsylvania, 17033. at 12 Maple Ave., Walnut Bottom, Cumberland County, Pennsylva ia, 17266 since June 1998. 3. Plaintiff and Defendant have been bona fide residents of he Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on December 13, 1997 in Newville, Cumberland County, Pennsylvania. I, 5. There have been no rior actions of divorce or for annul Pent between the p ml parties. 6. Plaintiff has been advised that counseling is available anc~ that plaintiff may have the right to request that the court require the parties to participjate in counseling. 7. Plaintiff and Defendant have four children together, namely, Samantha L. Jones, born 4/14/93, Hailey C. Jones, born 3/25/99, Donovan C. Jo es, born 9/22/00, and Cassandra M. Jones, born 4/14/03. A custody complaint was f led with the Cumberland County Prothonotary's office under docket no. 07-573 on October 1, 2007. ~~ 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of America or any of its allies. • ,,~ ti 10. The Plaintiff avers that the grounds on which this action ~s based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree) in divorce. I verify that the statements made in this Complaint are true aid correct. I understand that false statements herein are made subject to the pehalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~ p ~o U ~ Respectfully subm J e Adams, Esquire .D. No. 79465 64 outh Pitt Street. rlisle, Pa. 17013' (717) 245-8508 ATTORNEY FOR PILAINTIFF C~. ~' ^~ v -.~ ~ ~r-r ~ ~nJ T ' . r; ---~ W .~-'? '" ~~ ,.? `~ _ ~,3 l~V f\/~ i i i (O (~ _ 1 # _.`' W CHRISTINA A. JONES, Plaintiff vs. TORREY K. JONES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 6614 Civil Term ACTION IN DIVORCE ACCEPTANCE OF SERVICE I, Anthony DeLuca, Esquire, represent Torrey K. Jones in the above- captioned matter; I hereby accepted service of the Notice to Defend and Complaint in Divorce on or about the date listed below, which was filed by Plaintiff's Attorney under the above-captioned number and I hereby affirm I was authorized to do so. Date: / ~ o Anthony De ca, Esquire 113 Front Street, P.O. Box 358 Boiling Springs, Pa. 17007 (717) 258-6844 ATTORNEY FOR DEFENDANT ~ -_ ~=" - "'" --~ ~ T -. ! - ~;-, _,..., ~ ,. ~ C3'~ :i . C:`.,% _~ r "~ ..,_,. {_~~~ ..r{ ~) ' ~~ t 4 Y -IS'rlNJ~ A .~c7NtS vs ~~~~ ~- ~ I.S~L~ Case No. ~~ ~l.R 1.t7 v cs na C ° Statement of Intention to Procejed „v ~ ~, ~ as cn -~.rn m ~~ ~ To the Court: tot"' tv -G ~ tv C.~n~hno•14 • ~on~ r- intends to proceed with the above captio~~nat~ Print Name ~ (~ ~.1 7 Vl~/L'1~ r'~- Sign Name~'~~~ ~ ~ Jl ~~,1~~ c n Date: ~P 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 t@rmination 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 titnifonn statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court ~ Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a res It of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Jud~cial 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 s stem. The process is initiated by the court. After giving notice of intent to temunate an action for inactivity, the cou se of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the rothonotary shall enter an order as of course terminating the matter with prejudice: for failure to presecute." 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 a~n occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent tc~ temunate 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 tt~e petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d}(2) provides th~t the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdi~rision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and tha there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proced prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-d y period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been temunated but which continues upon the filing o a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieve party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2 c~ -.+~ --i ~ -,rt ~ ~.. -a rn t~ ~ --~ o ~~ ~~ ~~ ~~ p CHRISTINA A. JONES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV4 z ;Z) vs. No. * 07 - 6614 Civil Term r,7 i ; ACTION IN DIVORCE TORREY K. JONES , Defendant' PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce Decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of the service of the Complaint: via first class mail, Acceptance of service signed by Attorney for Defendant, on November 2, 2007. 3. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: By Plaintiff: Januark30, 2012. By Defendant: January 30, 2012. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: January 30, 2012. 6. Date Plaintiffs Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: January 30, 2012. Date: ? lql? ?), Respectfully submitted, 134a ms, Esquire '?N.0. 794 65 South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA A. JONES, V. TORREY K. JONES, : NO. 07 - 6614 Civil Term DIVORCE DECREE AND NOW, .3 it is ordered and decreed that CHRISTINA A. JONES, , plaintiff, and TORREY K. JONES, 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; the marriage settlement agreement signed by the parties on January 30, 2012 shall be incorporated and not merged into this Decree. 2 By th , Attest: J. Prothonotary c a ;?4 " / 2 cef k top ? n6,`? L e. Ma?PO? .n a