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HomeMy WebLinkAbout08-3231RICHARD M. BARONS, Plaintiff v. JOANN M. GULA, Defendant IN THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY, PENNSYLVANIA No. d$- 3aZ31 ~iw l ~'wt CIVIL ACTION -LAW IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, 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 maybe 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 at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. 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 Phone: (7171249-3166 RICHARD M. BARONE, Plaintiff v. JOANN M. GULA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW 1N DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary i ~ RICHARD M. BARONE, Plaintiff v. JOANN M. GULA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. p g . 3 .~ 3 - ::.~ / CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Richard M. Barone, who currently resides at 126 Old Schoolhouse Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Joann M. Gula, who currently resides at 332 Equus Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 28, 2003, in Harrisburg, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. The parries to this action have been separated since October 5, 2007. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. Plaintiff avers that he is the innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so as to render his condition intolerable and life burdensome. 12. This action is not collusive. WHEREFORE, the Plaintiffrequests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: _ ~ O ~ B ~ ~~ Y~ ohn , Co elly, Jr. I. #15615 ~, ~. P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff Richard M. Barone VERIFICATION I, Richard M. Barone, verify that the statements made in this Complaint for Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 1 Date: c~ 02/ !y~ Richard M. B e rr~ ~,, ~ . ac 6' O V1 ..b t ~ ~? i,.~ ~~ +j, ,,. -~ _~ a tJ r,, ,~: _ - rv j. - -, - -r- _ ... . - Tom' RICHARD M. BARONE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-3231 JOANN M. GULA, : CIVIL ACTION - LAW Defendant : IN DIVORCE STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff, Richard M. Barone, intends to proceed with the above Date: - I - EXPLANATORY COMMENT Mtz to divorce matter. z ? rn v it 2a a -< o CO r -: d --j f" 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 190 1. 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) hoe 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 Ruie230(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 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. • RICHARD M. BARONE, : IN THE COURT OF COMMON PLEAS 9 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3231 JOANN M. GULA, : CIVIL ACTION Defendant : DIVORCE PRAECIPE FOR WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: r C - Tx" rn cf)xy W p c.- cs -a c5 C;) N a f_? Please withdraw the appearance of Timothy M. Barrouk, Esquire, 4807 Jonest Wn Zoad, Suite 148, Harrisburg, PA 17109, as counsel of record on behalf of Defendant, Joann M. Gula, in the above captioned action. DATE: S / 12 / / L, Respectfully submitted, TIMOTHY M. BARROUK, ESQUIRE Timothy M. Barrouk, Esquire 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 (717) 657-3900 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance to represent Defendant, Joann Gula, in the above captioned action. Respectfully submitted, DATE: g - Z. _ H JOANNE HARRISON CLO GH, PC Joanne ``R, rrison Clough! - quir Attorney ID No.: 3646 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 CERTIFICATE OF SERVICE I, Connie Lee Limric, secretary to, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: Timothy M. Barrouk, Esquire 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Date: F/2//r Connie Lee L - r ic, secretary to Joanne Harrison Clough, Esquire Attorney ID No. 36461 3 820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Joann M.Gula RICHARD M. BARONE, "'! ` '"' ' 'C J:T*i THE COURT OF COMMON PLEAS PlaintiffMBERLAND COUNTY,PENNSYLVANIA V. 3 16 PH c. M.08-3231 JOANN M.GULA, CIVIL ACTION—LAW Defendant CUMBI-PL}KkD CaUi iSIVORCE P EN N SYJ LVA NIA STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff,Richard M.Barone,intends to proceed with the above caption d trfattqr Print Name: Christine Taylor Brann,Esquire Sign Name: Date: October 15,2014 Attorney for Plaintiff,Richard M. Bar e 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)hoe 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 Ruie230(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 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.