The URL can be used to link to this page

Home My WebLink About08-1874~ F ~ ~ L1NDA SUE STUMP Plaintiff v- IN THE COURT OF COMMON PLEAS CUMBEIitLAND COUNTY, PENNSYLVANIA No. 200$ CY DV 0 S~ / 81 y Curia / e~.-.. DENTTIS MICAAEL STUMP :CIVIL ACTION--LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU RAVE BEEN SUED iN COURT. If you wish t+a defend against the claims set forth in the follo~-ing pages, you must take prompt action. You are warned that if you fail to do so, the case may {?mceed without you and a decree of divorce nr annulment may he entered against you by the cnurt. A judgment may also he enteread against you fc~r any other claim or relief requested in these papers by the PlaiatifE Yog 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 br~down of the marriage, you may request counseling. A list of marriage counselors is available in the Office oftheProthonotary, G'ucu~rlaiidCounty C~tturthouse, l Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' FEES OR EXPENSES BEFORE A DIVORCE OR NT IS GRANTED YOU MAY LOSE TAE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER I'O YOUR LAWYER AT ONCE. IF YOl1 DO NOT HAVE A LAVt€YER 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 Lawyer Referral Service 32 Bedford Street Carlisle, Pennsylvania 17013 '117 2~9 3166 LINDA SUE STUMP : IN THE COURT OF COMMON PLEAS PlaintiR' :CUMBERLAND COUNTY, PENNSYLVAI~TIA -v- : Na Z008 CV DV D ~ - / ~ 7 ~ ~.P Tu.-.. DENNIS MICHAEL Sl'UMP : CIVQ. ACTION-LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE l The plai~rtiff is Linda Sue Stump, an adult individual who currently resides at 500 Warren Street, Lemoyne, Cumberland County, Pennsylvania 17043. 1. The defendant is Dennis Michael Stump, an adult individual, who currently resides at S00 Warren Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The parties were married on August 27,1977, in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties in this or any other jurisdiction. 6. Neither plaintiff nor defendant is a member of the United States Armed Services or any of its allies. 7. Thee were three children born of the marriage who are all adults as follows: Trisha Marie Thompson Dennis Michael Stump, Jr. Kelly Ann Stump 8. The grounds upon which the plaintiff requests a divorce are as follows:- (a) Defendant has offered such indignities to the plaints the injured and innocent spouse, as to render plaintiff's condition intolerable and her life burdensome. (b) The marriage of the parties is in~etrievably broken. 9. This action is not collusive as defined by Section 3303 of the Divorce Code. 10. The plaintiff has been advised of the availability of counseling and understands that she may have the right to request that the court require the plaintiff and defendant to participate in counseling. WHEREFORE,plaintiffrespectfiillypraysyourHonorable Courtto enteradecree in divorce. Date: I ~ R 'fled .' ~~ Doreea~a L. Sloan, ld #44880 1849 State Street Harrisburg, Pennsylvania 17104 (717) 232-0577 Attorney for plaintiff LINDA SUE STUMP : IlV THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v- : No. 2008 CV DV DENNIS MICHAEL STUMP :CIVIL ACTION-LAW Defendant : iN DIVORCE VERIFICATION I, Linda Sue Stump, hereby verify that the statements made in the foregoing Complaint in Divorce are true and cornett to the best of my knowledge, information and belief, I understand the false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ~ _~.. ~~. Linda Sue Stump v ~ ~ rya C ? ~.:_-, ~ _~ c.~ c~ ^-r ~ . ~ ,~ "Tl --{ . .. , ~ ~~ ~ 1~ 1 ~ ~ ~ ~~ ,, J_ ~ ' -' :~ ~ CJ! O' LINDA SUE STUMP Plaintiff DENNIS MICHAEL STUMP Defendant 68- isriq Case No. rrr r„ ?_ ? n_ -? CO r- ? w ? ca Statement of Intention to Proceed ZZ > C-. w To the Court: Plaintiff, Linda Sue Stump Print Name Doreena L. Sloan Date: 10/13/11 I intends to p?p" th the above captioned matter. Sign Name Attorney for 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. e«,i r CD 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 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. David -D. Buell Brothonotary Office of the prothonotary Cum6erfand County, oennsy[vania 7(irkS. Sononage, TSQ Solicitor D8 — /$ `V CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28T" DAY OF OCTOBER, 2014, 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, DAVID D. BUELL PROTHO NOTARY One Courthouse Square 0 Suite100 0 Carlisle, P,t 0 Phone 717 240-6195 0 Exc 717 240-6573