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HomeMy WebLinkAbout03-6104MARIE E. MORRIS, Plaintiff V. ERNEST E. MORRIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003- CIVIL TERM 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. MARIE E. MORRIS, Plaintiff V. ERNEST E. MORRIS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003- OD4 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c OF THE DIVORCE CODE NOW comes the Plaintiff, Marie E. Morris, by her attorney, Marcus A. McKnight, III, Esquire, and files this Complaint in Divorce against the Defendant, Ernest E. Morris, representing as follows: 1. The Plaintiff is Marie E. Morris, an adult individual residing at 133 Mohawk Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Ernest E. Morris, an adult individual residing at 2607 Warren Avenue, Cheyenne,`Nyoming 82001-2840. 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 resided together as man and wife from January 1, 1958, until July 1, 1977 in a common law marriage. They held themselves as married to one another. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party 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. Respectfully submitted, IRWIN & By: A. Mc Esquire v for Maintifl) West Pomfret`RreKssional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 25476 Date: November 20, 2003 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. N cam- Cr. -)-n tJt-'f? MARIE E. MORRIS Date: November 20, 2003 MARIE E. MORRIS, Plaintiff V. ERNEST E. MORRIS, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003- 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. I 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. C.S. Section 4904 relating to unsworn falsification to authorities. ??- e. - 0- Date: November 20, 2003 MARIE E. MORRIS (? ?64 ' ., ?? ? ? o ? . ?, ? ? ??-a ? ? __ ?- ' ?' MARIE E. MORRIS, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-61044 CIVIL TERM ERNEST E. MORRIS, Defendant IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, 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 captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Ernest E. Morris, on November 28, 2003, by certified, restricted delivery mail, addressed to him at 2607 Warren Avenue, Cheyenne, Wyoming 82001-2840, with Return Receipt Number 7002 0860 0000 1074 4877. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are ru7C. rrect. I understand that false statements herein made are subject to the penaltiePaection 4904, relating to unsworn falsification to authorities. i> MARCUS A. M KVIGHT, III, ESQUIRE Attorney for Plaintiff Date: March 22, 2004 E3 Fri/ O/e 1 *, MAIUE C3 Postage $ C3 Certified Fair 30 C3 p RxNpt Fee ' 1 -7 S Postmark a '= e rt Requi aril Hare R.ehcbd 3,5C, C3 (Eno ti Total Protege a ea 1 O G nt o M1 ...I& EST..EALORRIS ............................................... A%RREN AVENUE ?rorffxc ------------------------- •Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card taillis track of the mailpiece, or on the front iffront if a permits. 1. Article Addressed to I' A. Signature X ? Again ? Addrnsse B. Received by (Pdr?led Name) C. D of 3 0 of D. Is delivery addreea dMereM from item 1? ? If YES, enter delivery address below. ? No MR EARNEST E ;MORRIS 2607 WARREN AVENUE CHEYENNE WYOMING 82001-2840 3. Service Type Cerfifled Mail 0 Express Mail 2 Registered MI Return Receipt for MwdtsrMlae 133 Insured Mall . Restricted Dellvery? (Extra Fee) SI Yes 2. nAnials ansf ri (Tiansler hoar me 7002 0860 0000 10714 4827 service label) PS Form 3811, August 2001 Domestic Retum RecNpl 102595-02-M-1035, D ? ni y MARIE MORRIS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY : PENNSYLVANIA V. ERNEST MORRIS, NO. 2003-6104 CIVIL TERM DEFENDANT STATEMENT OF INTENTION TO PROCEED TO THE COURT: Defendant intends to proceed with the above-captioned matter. By: Respectfully submitted, IRWIN & McKNIGHT A. Knight, III, Esquire CourtI.D. No: 25476 est Po et Street 60,W Carlis e, A 17013 (717) 249-2353 Date: November 1, 2007 r !V _z?4 } ? FILE~I-~~~'fCE OF T~~C F'r~~~~a~~i~7~'~r`;; MARIE MORRIS PLAINTIFF _ ~~~~~~~ ~2 f E ~~ Cc~ vs Case No. 2003 - 6104 CIVIL TERM f'r~f~P ~,oD ~~d~~~ i ;' ERNEST MORRIS, DEFENDANT Statement of Intention to Proceed To the Court: MARIE MORRIS , PLAINTIFF intends to proceed wi a above ptioned matter. Print Name MARCUS A . McRNIGHT , III Sign Name Date: OCTOBER 22, 2010 Attorney for MARIE MORRIS, PLAINTIFF 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 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 temvnation. 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. Office of the Prothonotary Cumberland County, PA David D. Buell Prothonotary Case # (s) 03-6104 NOTICE OF PROPOSED TERMINATION OF COURT CASE To: ERNEST E. MORRIS; The court intends to terminate this case without further notice because the docket shows no activity in the case for at least two years. You may stop the court from terminating the case by filing a Statement of Intention to Proceed. The Statement of intention to Proceed should be filed with the Prothonotary of the Court at: CUMBERLAND COUNTY PROTHONOTARY ONE COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6195 on or before October 26, 2010. Date IF YOU FAIL TO FILE THE REQUIRED STATEMENT OF INTENTION TO PROCEED, THE CASE WILL BE TERMINATED August 27, 2010 ` Date of this Notice i . Bue4Prho-notary CHECK YOUR CASE #'s at www.ccua.net Put cursor on the word "Government" for a drop down box. Then put your cursor on the word "Courts. Click on the word "Prothonotary". This will bring you to the "Prothonotary Home Page". On the left hand Navigation Bar click on "Searchable Civil Records". Follow these directions exactly. vs Case No. To the Court: Statement of Intention to Proceed intends to proceed with the above captioned matter. Print Name Sign Name Date: 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 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 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. o 0 ?' ..> 0 3 C) m cr ? THE rQR _H C 0 O a D ""DEC ? DEC 1 ro ° ?o 5 AM 10: Og ? ca E _ UtlBERL AND C NT Y O PENS y D? , 2 o 0 U LVq CD M 0 O = W a C) n CD 0 rn m = 0 17 m z .?}3 z co -i m ; m Gi r m 0 D ? r < X 00 N z co o C m m z _ n a v µ b C-4;0 0 zmm 0 m DZ4 o A wvc 0 rD r4m -- m mmz v a -1 -I m 010 c O oom M < r _n n UNIr -- ;-Iz O I +i ZZ r_ 0 O 0 £ u y O z« 40 N fA t3 Fj 0 r c4? Marie E. Morris vs Case No. 2003 — 6104 Ernest E. Morris Statement of Intention to Proceed To the Court: The Plaintiff intends to proce= with the •'rove captioTioTmatter. Print Name Marcus A. McKnight, III Sign Name �- Date: October 21, 2013 Attorney for Plaintif 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. 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.