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HomeMy WebLinkAbout08-4111TINA L. WHITSELL, IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008- `f I 1 CIVIL TERM DONALD L. WHITSELL, Defendant. 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. TINA L. WHITSELL, Plaintiff, V. DONALD L. WHITSELL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008- 1/11 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(0) AND (D OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Tina L. Whitsell, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Donald L. Whitsell, representing as follows: 1. The Plaintiff is Tina L. Whitsell, an adult individual residing at 934 Gobin Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Donald L. Whitsell, an adult individual currently residing at 1822 Basin Hill Boulevard, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on May 29, 1989 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), 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 respectfully requests judgment dissolving the marriage between the two parties. COUNT II - EQUITABLE DISTRIBUTION 8. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 9. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order equitably distributing the parties' marital property pursuant to Section 3502(d) of the Divorce Code and for such further relief as the Court may deem equitable and just. COUNT III - ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES 10. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 11. Plaintiff is without sufficient property and otherwise unable to financially support herself through current and appropriate employment. 12. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an ordering requiring Defendant to pay for Plaintiffs counsel fees, expenses and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, IRWIN & McKNIGHT By: V(?a Marcus cKnight, III, quip Supreme ourt I.D. No. 25476 West Pom Professional Buil in 60 West Pomfre t Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Dated: July 9, 2008 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 unworn falsification to authorities. I,-"'24kzO TINA L. WHITSELL Date: July 9, 2008 TINA L. WHITSELL, Plaintiff, V. DONALD L. WHITSELL, Defendant. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008- 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. Q ol- 1, TINA L. WHITSELL Date: July 9, 2008 Ift- 1 c V J -1 iq W G •J t?. C. ?w N I\71 Cil Q 1. o m w TINA L. WHITSELL, Plaintiff, V. DONALD L. WHITSELL, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 4111 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 a 1 i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: 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, Donald L. Whitsell, on July 11, 2008, by certified, restricted delivery mail, addressed to him at 1822 Basin Hill Road, Carlisle, Pennsylvania 17013, with Return Receipt Number 7007 2680 0003 0345 0881. 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 true and correct. I understand that false statements herein made are subject to the p alties of I Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: July 14, 2008 ? ";f Attorney A. MclOqGHT; III, ESQUIRE On this, the 14th of July 2008, before me, the undersigned o-fricer, personally appeared Marcus A. McKnight, III, Esq., known to me to be the person whose name is subscribed to the above instrument and acknowledge that he executed same for the purposes therein contained. N tary Pu c COMMONWEALTH OF PENNSYLVANIA ?W#m L. Noei.,vk1 pry Publics E*m Sept. 18 2011 Member, Pennsylvania Association of Notaries r-q ., • , cI3 CC) .-MUM WMA-091 XMZ= C3 - - i ,n M Postage $ Is g - 0 N > C7 Certified Fee '76 o _ UN/T? r"- o M M N t m - C] Return Receipt Fee J 0 7A ?n f '- % C3 (Endorsement Required) e r % A ? V C7 Restricted Delivery (Endorsement Req ) t l L d? W rp Total Postage & Fees $ c_ r C o I f1J v-Or Sent To p ai o MR DONALD L WHITSELL - ------------------------------------------------ C3 oo,% 'Zo'BASIN HILL BLVD -m C ¦ 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 to the back of the maiipiece, or on the front if space permits. - 1. Article Addressed to: 1 G Agent ? AJ,Lddre e C. Date of„Del' D. Is delhtery address different from Item 17 2W Yes If YES, enter delivery address below: 0 No ?? y ?gSih All( 3. Service Type 51 Certifled Mail 0 Express Mail 0 ReglsWW $0 Return Recelpt for Merchandise a? ? Insured Mail 0 C.O.D. 4. Restricted Deliveryd,gxfia Fee) pl?ft 2. Article Number 7027 2680 0003 0345 0881 (l-ia»sfer fnxn servke 1a6e1) MR DONALD L WHITSELL 1822 BASIN HILL ILVD. CARLISLE PA 17013 PS Form 3811, February 20D4 -- - - DWWWdc Return ReoW 102595-02-M-1640 v F _ .T? NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR DEFENDANT TINA L. WHITSELL Plaintiff V. DONALD L. WHITSELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-4111 : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARA CE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Kindly enter the appearance of Nathan C. Wolf, Esquire as counsel for Donald L. Whitsell in the above captioned case. Respectfidly submitted, WOLF & WQLF Dated: July ?i, 2008 BY: Na C olf, Esquire 10 W igh Street Carlisle, PA 17013-2922 (717) 241-4436 Supreme Court I.D. No. 87380 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013-2922 (717) 241-4436 ATTORNEY FOR DEFENDANT TINA L. WHITSELL Plaintiff V. DONALD L. WHITSELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-4111 : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the Entry of Appearance, concerning the above- referenced case, upon the following person and in the manner indicated: By U S. Mail: Marcus A, McKnight, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 (Counsel for Plaintiff) Respectfully submitted, WOLF & WOLF Dated: July, 2008 Natha olf, Esquire 10 esiigh Street sle, PA 17013-2922 (717) 241-4436 Supreme Court I.D. No. 87380 TINA L. WHITSELL, Plaintiff, V. DONALD L. WHITSELL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 4111 CIVIL TERM_ J.:._ G, ;-n-.. `_n rn -) IN DIVORCE STATEMENT OF INTENTION TO PROCEED TO THE COURT: Tina L. Whitsell, Plaintiff, intends to proceed with the above-captioned matter. Respectfully Submitted: IRWIN & McKNIGHT, P.C. Marcus 'A. M 'gh III, Esq. Supreme Co ID#2 476 60 West Pom e reet Carlisle, PA 17013 Date: October 21, 2011 Tina Whitsell vs Donald L. Whitsell To the Court: The Plaintiff Case No. 2008-4111 Statement of Intention to Proceed C") N fV <C3 -0 C) tel intends to proceed with the above captioned niattgr. ,:,•. Print Name Marcus A. McKnight, III Sign Name Date: October 21. 2014 Attorney for P1 ainti ff 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.