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Home My WebLink About08-5058ROBERT W. HATTEN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. . CIVIL ACTION PATRICIA A. HATTEN, NO.6g ^sWj3 C??j?CTEA-W, Defendant IN DIVORCE N O T I C E TO D E F E N D YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 717-232-7536 NOTICE CONCERNING MEDIATION OF ACTIONS PENDING BEFORE THE COURT OF C0HMN PLEAS OF DAUPHIN COUNTY The Judges of the Court of Common Pleas of Dauphin County believe that mediation of lawsuits is a very important component of dispute resolution. Virtually all lawsuits can benefit in some manner from mediation. The Court has adopted Dauphin County Local Rule 1001 to encourage the use of mediation. This early alert enables litigants to determine the best time during the life of their lawsuit for a mediation session. The intent of this early alert is to help the parties act upon the requirement to consider good faith mediation at the optimal time. The Dauphin County Bar Association provides mediation services and can be reached at 717-232-7536. Free mediation sessions for pro bono cases referred by MidPenn Legal Services are available through the DCBA. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaraccion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 AVISO REFERENCES A LA MEDIACION DE LAS ACCIONES PENDIENTES ANTES LA CORTE DE SOPLICAS COMUNES DEL CONDADO DE DAUPHIN Los jueces de la corte de suplicas comunes del condado de Dauphin creen quela mediacion de pleitos es un componente muy importante de la resolucion del conflicto. Virtualmente todos los pleitos pueden beneficiar de cierta manera de la mediacion. La code ha adoptado la regla local de condado de Dauphin 1001 para animar el use de la mediacion. Esta alarma temprana permite a litigantes determiner la mejor epoca durante la vida de su pleito para una sesion de la mediacion. El intento de esta alarma temprana es actuar sobre la mediacion de la buena fe en el tiempo optimo. La asociacion de la barra del condado de Dauphin proporciona servicios de la mediacion y se puede alcanzar en 717-232-7536. La sesion libre de la mediacion para los favorables casos del bono se refinio por MidPenn que los servicios juridicos estan disponibles con el DCBA. ROBERT W. HATTEN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION PATRICIA A. HATTEN, NO. 05" '- SOS? Defendant IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Prothonotary, Room 101, Dauphin County Court House, Harrisburg, Pennsylvania, 17101. ROBERT W. HATTEN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION PATRICIA A. HATTEN, NO. 0 Jr- Sa f 8' ter,,; +ewm% Defendant IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Robert W. Hatten, a citizen of Pennsylvania, residing at 249 Joya Road, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant is Patricia A. Hatten, a citizen of Pennsylvania, residing at 6 Lockwood Drive, Enola, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui 'uris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on June 9, 1973, in Dauphin County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other) jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for a Fault Divorce Under 3301(a)(6) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to 3301(a)(6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The marriage of the parties is irretrievably broken. 19. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. 20. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 21. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 23. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. Respectfully submitted, DISSINGER and DISSINGER Mary A. Etter Dissinge Attorney for Plaintiff Supreme Court ID # 27736 400 South State Road Marysville, PA 17053 (717) 957-3474 VERIFICATION I, Robert W. Hatten, verify that the statements made in the Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification. Alljor Robert W. atten, Plaintiff w p W r„? r c QZ') tV '; T .4 _ „'t ROBERT W. HATTEN Plaintiff IN THE COURT OF COMMON PLEAS • OF CUMBERLAND VS. COUNTY PENNSYLVANIA PATRICIA A. HATTEN, CIVIL ACTION - LAW Defendant NO. 08-5058 - IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss .• Mary A. Etter Dissinger attorney for Plaintiff, being duly sworn according to law, says that she mailed b Certified Mail' Restricted Deliver y United States y, a true and correct copy of the Consolidated Complaint in Divorce in this action to the Defendant at his residence, and that Defendant did receive same as evidenced by the signed receipt dated August 30, 2008, attached hereto as Exhibit "A"• Sworn to and subsc ibed before me this day of ?,?? f,®z 2008. Mary A. Et er Dissinger Attorney for Plaintiff Supreme Court ID #27736 400 South State Road Marysville, PA 17053 (717) 957-3474 Notary Pu lic r- NOTARIAL dE/ll ANNETTE mm" 1ACMM:r7t9 OROUG H, CUMBERI AM CMW mrss s r Fxr;-P? It 0 22. 20!19 i. ? t ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse solhat we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. ArWe Addressed to: ?.Tola P14 1?0a5 A. X 7;41. A.114+,?- 0 B. Reoppd by (ftfts¢ ftA) ' I C. D. Is delivery ad I dpfererrt fiorrr Item rNo If YES, errter delivery address below: 4V 3. Servim lypa 9Cert1fied Mail 0 Express Mell Repietered )( PMWm Receipt for Mena,andiee 0 Insured man 0 C.O.D. 4. Resbicted Delivery? (Extra Feel ? vtas 2. ArWeNun*w 7006 0100 0007 1055 3355 Murnrk *wn = - its AeW Ps Form 3811, Fewuwy nm Domeerta Pk*jm Remo -O ,025.5-.4-,540a EXHIBIT "A" u? f r-n V ROBERT W. HATTEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-5058 CIVIL TERM PATRICIA A. HATTEN, CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomax acci6n dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACIMON A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION ISOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO''COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ROBERT W. HATTEN, Plaintiff V. PATRICIA A. HATTEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5058 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW comes the Defendant, Patricia A. Hatten, by and through her attorneys, The Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully presents her Answer and Counterclaim as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is denied that the marriage is irretrievably broken. To the contrary, Defendant believes and therefore avers that with the assistance of marriage counseling, the marriage could be saved. 6. Admitted. 7. Admitted. 8. Admitted. COUNTI Reaneat for a Fanlt Divorce Under 3301(a) (6) of the Divorce Code 9. No pleading is required. 10. Denied. It is adamantly denied that the Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. To the contrary, it is the Plaintiff who has offered such indignities to the Defendant, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 11. Admitted. 12. Admitted. COUNT H Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. No answer is required. 14. Denied. It is denied that the marriage is irretrievably broken. To the contrary, Defendant believes and therefore avers that with the assistance of marriage counseling, the marriage could be saved. 15. No answer is required. If an answer is required, it is hereby denied. By way of further answer, Defendant is not willing to sign an Affidavit of Consent after the expiration of ninety (90) days from the filing of the Complaint. 16. Admitted. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 17. No answer is required. 18. Denied. It is denied that the marriage is irretrievably broken. To the contrary, Defendant believes and therefore avers that with the assistance of marriage counseling, the marriage could be saved. 19. No answer is required. If an answer is required, it is hereby denied. 20. Admitted. COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 33239 35019 35029 3503 of the Divorce Code 21. No answer is required. 22. Admitted. 23. Admitted. COUNTERCLAIM COUNT I ALIMONY 24. Paragraphs one through twenty-three are incorporated herein by reference. 25. Defendant lacks sufficient property to provide for her reasonable needs. 26. Defendant is unable to sufficiently support herself through appropriate employment. 27. Plaintiff has sufficient income and assets to provide continuing and indefinite support for the Defendant. WHEREFORE, Defendant requests this Honorable Court compel the Plaintiff to pay alimony to the Defendant. COUNT II ALIMONY PENDENTE LITE. COUNSEL FEES, COSTS AND EXPENSES 28. Paragraphs one through twenty-seven are incorporated herein by reference. 29. By reason of the institution of the action to the above term and number, Defendant will be and has been put to considerable expense in the preparation o her case, in the employment of counsel, and the payment of costs. 30. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 31. The Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 32. The Plaintiff has adequate earnings to provide support for the Defendant and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests this Honorable Court compel the Plaintiff to pay alimony pendente lite as well as pay the Defendant's counsel fees, costs and expenses. Date: D 12- Respectfidly Submitted, THE LAW OFFI ES OF SILLIKER & RF?HOL] Kristin If Reinhold, Esquire 5922 L' glestown Road Harrisburg, PA 17112 I.D. No. 57911 (717) 671-1500 Attorney for Defendant AFFIDAVIT ?ki - I, I Cam hereby certify that the afiregoint is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities.. Dated:. fi w I C) ROBERT W. HATTEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-5058 CIVIL TERM PATRICIA A. HATTEN, CIVIL ACTION -LAW Defendant IN DIVORCE REQUEST FOR HEARING DE NOVO AND CONSOLIDATION OF APL CLAIM AND NOW comes the Defendant, Patricia A. Hatten, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully requests that her claim for Alimony Pendente Lite raised in her Answer and Counterclaim be consolidated with the current Hearing De Novo/Spousal Entitlement Hearing scheduled before the Support Master, Michael R. Rundle, Esquire on October 8, 2008 at 11:30 a.m. and in support thereof, avers the following: 1. Defendant is Patricia A. Hatten, an adult individual currently residing at 6 Lockwood Drive, Enola, Cumberland County, Pennsylvania. 17025. 2. Plaintiff is Robert W. Hatten, an adult individual currently residing at 249 Joya Road, Harrisburg, Dauphin County, Pennsylvania. 17112. 3. The parties hereto were married on June 9, 1973 and separated on February 21, 2008. 4. Defendant filed a Petition for Spousal Support on or about August 14, 2008. A Domestic Relations Hearing was held on or about September 8, 2008 at which time the Plaintiff challenged the Defendant's entitlement to spousal support. 5. A Hearing De Novo is currently scheduled on the issue of spousal entitlement on October 8, 2008 at 11:30 a.m. 6. Plaintiff filed a Complaint in Divorce on or about August 22, 2008. Defendant is filing her Answer and Counterclaim, which includes a count for Alimony Pendente Lite, contemporaneously with this Request for Hearing de Novo and Consolidation of APL Claim. A copy of the Defendant's Answer and Counterclaim and a DRS Attachment for APL Proceedings is attached hereto and incorporated herein. 7. Defendant requests that her claim for Alimony Pendente Lite and a hearing thereon be consolidated with the current Hearing De Novo scheduled for October 8, 2008 at 11:30 a.m. DEC-26-07 09:60 FR011-Cumberland County Domestic RelatiIM9 +17172406248 T-994 P-0021004 F-301 iN THE COURT oP COMMON PLEAS OF CUIvMERLAND COUNTY, PENNSYLVANIA WMWIC VM ATX)ta SEC17ON 13 N. IIANOVER ST- P.O. BCX 320. CARLISLE PA 17013 Phone: (717) 240-62S Fax: (717) 24046248 Robert W. Hatten Plmndff NO. 08-5058 V. CIVIL ACTION - LAW IN DIVORCE Patricia A. Hatten Defendant DRS ATTACIRt ENT FOR APL PROCEEDINGS PETITIONER'S INFORMATION; Name: Patricia A. Hatten Address: 6 Lockwood Drive City: Enola State: PA Zip Code: 7 2 SSN: 179-44-9215 DOE: 9-15-51 Telephone: (717) =-90 Physical DescripdowHL5' 10"WL 265 Eyes Town jjWrbrown RaceCaueasian Email Address: luv2shoypahCcomcast net Employer. Heritage Medical Group Employer'8 Address; 1425 M. 21st Street Suite 102 Cam Hill, PA 17011 Pbme:(717 441-1724 x 2205 Jab Tideftsft= Med . Secretafpsspay. _ 54Net pey. g 14.87 Pelit CMCes Attorney: _ K r i ggt i n R. Reinhold, Es g u i r e Petitioner's Attorney's Address: 5922 Lin l e s t own Road 17112 Phone: ( 717) 671-1500 Mahe ksurmceCatrlet:iKeystone Health Plan Central Medical Insurance Carrier Address: - Phone: 800-889-3863 P01iCy Number: Grcup Number: 0 0 5 0 2 6 2 5 0 0 01 CC366 DEG-28-OT 00:50 FROkKueberland County Dosestlc Relatlor.s 41TIT2408249 T-984 P 003/004 F-301 RESPONDMNT'S INFORMATION: Name; Robert W. Hatten Addmss: 249 Joya Road City: Harrisburg State: PA Zip Code: 17112 SSN; .208-42-4956 rjOB: 12-25-51 Telephone: Physical Description: Ht. 6' S" WL 305 Eyes blue flair browner Caucasian Email Address: Employer: -Commonwealth o nnsylyania/Ft Indian own bap EmploycesAddsess: Bldg. 11-64, Ft. Indiantown Gan Annville, PA 17003 Phone: Job TiilelPosition: -Supervisor 0ms9Pay:$ 4 , 167.00 Net Pay: $3,188. 00 Respondent's Attomey: Mar A. D i s s i n e r, Esquire Respondent's Aitomey's Address: 28 N. 32nd Street Camp Hill, PA 17011 ?how. 717 777-78-40 Mcdical.hzwanceCaner: Same as Petitioner Medical LL%=ce Cagier Address: Phone: Policy Number: Group Number: DURRIAG'E INFOR1yMMON: Date Married: 6-9-1973 Date of Separation: 2 - 21 - PlaoeofMatriage: Harrisburg. PA _ Addrtssofh3tMaritalDomicile: 6 Lockwood Dr, Enola PA 17025 Description of Document Raising APL Claim; Answer & un t e r r l a i m Date APL Documem Filed": Or-tnh,-r 3. 2008 **Please note: A copy of the filed document MUST be enclosed with this form.** This lnfor=tion is for DRS use In order to build a case in the PA.CSES System. ROBERT W. HATTEN, IN THE COURT OF COMMON PLEAS c? w o Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA n _ V. NO. 08-5058 CIVIL TERM PATRICIA A. HATTEN, CIVIL ACTION -LAW c pA c Defendant IN DIVORCE `}== ;. r n r C3? NOTICE TO DEFEND AND CLAIM RIGHTS 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ROBERT W. HATTEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-5058 CIVIL TERM PATRICIA A. HATTEN, CIVIL ACTION -LAW Defendant IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW comes the Defendant, Patricia A. Hatten, by and through her attorneys, The Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully presents her Answer and Counterclaim as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is denied that the marriage is irretrievably broken. To the contrary, Defendant believes and therefore avers that with the assistance of marriage counseling, the marriage could be saved. 6. Admitted. 7. Admitted. 8. Admitted. COUNTI Request for a Fault Divorce Under 3301(a) (6) of the Divorce Code 9. No pleading is required. 10. Denied. It is adamantly denied that the Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff s condition intolerable and life burdensome. To the contrary, it is the Plaintiff who has offered such indignities to the Defendant, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 11. Admitted. 12. Admitted. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. No answer is required. 14. Denied. It is denied that the marriage is irretrievably broken. To the contrary, Defendant believes and therefore avers that with the assistance of marriage counseling, the marriage could be saved. 15. No answer is required. If an answer is required, it is hereby denied. By way of further answer, Defendant is not willing to sign an Affidavit of Consent after the expiration of ninety (90) days from the filing of the Complaint. 16. Admitted. W111 0811 Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 17. No answer is required. 18. Denied. It is denied that the marriage is irretrievably broken. To the contrary, Defendant believes and therefore avers that with the assistance of marriage counseling, the marriage could be saved. 19. No answer is required. If an answer is required, it is hereby denied. 20. Admitted. COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502, 3503 of the Divorce Code 21. No answer is required. 22. Admitted. 23. Admitted. COUNTERCLAIM COUNT I ALIMONY 24. Paragraphs one through twenty-three are incorporated herein by reference. 25. Defendant lacks sufficient property to provide for her reasonable needs. 26. Defendant is unable to sufficiently support herself through appropriate employment. 27. Plaintiff has sufficient income and assets to provide continuing and indefinite support for the Defendant. WHEREFORE, Defendant requests this Honorable Court compel the Plaintiff to pay alimony to the Defendant. COUNT II ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 28. Paragraphs one through twenty-seven are incorporated herein by reference. 29. By reason of the institution of the action to the above term and number, Defendant will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 30. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 31. The Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 32. The Plaintiff has adequate earnings to provide support for the Defendant and to pay her counsel fees, costs and expenses. 1 . WHEREFORE, Defendant respectfully requests this Honorable Court compel the Plaintiff to pay alimony pendente lite as well as pay the Defendant's counsel fees, costs and expenses. Date: ?1 Z Respectfully Submitted, THE LAW OFFI ES OF SILLIKER & REKNHOLI Kristin . Reinhold; Esquire 5922 L' glestown Road Harrisburg, PA 17112 I.D. No. 57911 (717) 671-1500 Attorney for Defendant AFFIDAVIT I j ?D? Jrt 40-hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities.. Dated: ?...? r :? .,,? _ ?-?' -? ?+ ?Sy ?. ? _, i ? ? =?? e,v ,L;3 :. __.. PATRICIA A. HATTEN, Plaintiff V. ROBERT W. HATTEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION PACSES NO. 104110252 DOCKET NO. 721 SUPPORT 2008 ROBERT W. HATTEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION PATRICIA A. HATTEN, Defendant/Petitioner DOCKET NO. 08-5058 CIVIL TERM INTERIM ORDER OF COURT AND NOW, this l Oth day of October, 2008, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $340.00 per month. B. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $20.00 per month on arrearages. C. The Husband shall provide health insurance coverage for the benefit of his Wife as is available through employment or other group coverage at a reasonable cost. D. The effective date of this order is August 15, 2008. E. The Wife's claim for alimony pendente lite is dismissed. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, /0. Aw/u Kevin A. Hess, J. Cc: Patricia A. Hatten Robert W. Hatten Kristin R. Reinhold, Esquire For the Plaintiff Mary A. Dissinger, Esquire For the Defendant DRO PATRICIA A. HATTEN, Plaintiff V. ROBERT W. HATTEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION PACSES NO. 104110252 DOCKET NO. 721 SUPPORT 2008 ROBERT W. HATTEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION PATRICIA A. HATTEN, Defendant/Petitioner DOCKET NO. 08-5058 CIVIL TERM SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on October 9, 2008, the following report and recommendation are made: FINDINGS OF FACT 1. The Wife is Patricia A. Hatten, who resides at 6 Lockwood Drive, Enola, Pennsylvania. 2. The Husband is Robert W. Hatten, who resides at RR2, Box 4488, Jonestown, Pennsylvania. 3. The parties were married on June 9, 1973. 4. The parties separated on February 21, 2008 when the Husband moved from the marital residence. 5. The parties are the parents of two children both of whom are emancipated. 6. On August 15, 2008 the Wife filed a complaint for spousal support. 7. On August 22, 2008 the Husband filed a complaint for divorce. 8. On October 7, 2008 the Wife filed a request for hearing on her claim for alimony pendente lite. 9. The Wife is employed by Heritage Medical Group as a medical secretary and transcriptionist. EXHIBIT "A" 10. The Wife earns $14.50 per hour and has gross bi-weekly wages of approximately $1,257.00. 11. The Husband provides health insurance coverage on the Wife through his employment. 12. The Husband is employed by the Commonwealth of Pennsylvania. 13. The Husband has gross year-to-date earnings through August 8, 2008 of $32,966.60. 14. The Husband has a mandatory retirement deduction of 6.25% of his gross income. 15. The Husband pays $19.61 bi-weekly for health insurance coverage on himself and his wife. 16. Throughout the last years of the marriage the Wife has allowed the marital residence to become excessively cluttered with her personal items to the extent that areas of the residence are, for all practical purposes, uninhabitable. 17. The Husband has complained about the condition of the home for years. 18. The parties have not engaged in sexual relations for several years. 19. The Husband has not initiated sexual relations with his Wife in the past four years. 20. The Wife has initiated sexual relations a few times over the past four years but has been rebuffed by her Husband. 21. The Husband, although never having had a sexual relationship outside the marriage, is flirtatious with other women. 22. The Husband engaged in viewing pornography throughout the marriage, although he has discontinued this practice in the past two years because the Wife complained. 23. The Wife has been diagnosed with clinical depression and consults with a therapist twice a month. 24. The Husband's flirtatious conduct and viewing pornographic has been detrimental to the Wife's self-esteem and made her feel belittled. 25. The Wife has questioned her husband's fidelity during the marriage. 26. The parties were actively involved in marriage counseling from 2003 through 2007. 27. The marital home where the Wife resides is not encumbered by a mortgage. 2 28. The Husband resides in a property owned by the Commonwealth of Pennsylvania and pays only a nominal rent. DISCUSSION A dependent spouse is entitled to spousal support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d 155 (Pa. Super. 1993). The Husband argues that the Wife's conduct of allowing portions of the home to become practically uninhabitable and the lack of a sexual relationship constitutes indignities and thereby relieves him of any obligation to pay spousal support. Indignities is generally defined as a course of conduct committed by the offending spouse which makes the proponent's life intolerable and his or her condition burdensome. Beaver v. Beaver, 460 A.2d 305 (Pa. Super. 1983). In reviewing the stack of photographs of the marital residence taken in January, 2008, the month before the separation, it is readily apparent that the condition of the home went significantly beyond poor housekeeping. To simply describe the home as being cluttered would be a gross understatement. The Wife has literally rendered a good portion of the home uninhabitable by her accumulation of property and haphazard method of storage. It is clear to this Master that the Husband's life had become intolerable and his condition burdensome. However, "for indignities to lie, the proponent must not only prove a course of conduct by the other side which made the proponent's life intolerable and his condition burdensome, but also that the proponent was an innocent and injured spouse." Crawford v. Crawford, su ra. at 159 citing Beaver v. Beaver, supra. After careful consideration of the testimony, in the opinion of this Master, the Husband has failed to meet this burden of proof. The Husband, while never having had an affair during the marriage, was openly flirtatious with other women. He engaged in regular viewing of pornography for decades during the marriage and only discontinued the practice in 2006. And despite his complaints concerning the lack of a sexual relationship with his wife, the Husband admitted that he has not initiated sexual intimacy with his wife in the past four years, and, in fact, has rebuffed her advances on a number of occasions during that period of time. Taken together this conduct deprives the Husband of innocent and injured spouse status. Consequently he has an obligation to pay spousal support. The Wife has gross monthly income of $2,724.00. With a tax filing status of married/separate, her net monthly income for support purposes is $2,139.00.2 The Husband has gross monthly income of $4,464.00. With a tax filing status of married/separate, and deducting his mandatory retirement contribution from his gross income, he has net monthly income for support purposes of $3,033.00.3 ' See Defendant's Exhibit 3. z See Exhibit "A" for the tax deductions from gross income. 3 See Exhibit "A" for the tax deductions from gross income. With the incomes as set forth above and no minor children, the Husband's support obligation under the guidelines is $358.00 per month.4 A downward adjustment to $340.00 will be made for health insurance coverage provided by the Husband. Because spousal support and alimony pendente lite cannot be awarded simultaneously, the Wife's claim for alimony pendente lite will be dismissed. RECOMMENDATION A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $340.00 per month. B. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $20.00 per month on arrearages. C. The Husband shall provide health insurance coverage for the benefit of his Wife as is available through employment or other group coverage at a reasonable cost. D. The effective date of this order is August 15, 2008. E. The Wife's claim for alimony pendente lite is dismissed. 040 L r f C , '200 Date 4 See Exhibit "B" for the calculation. i Michael R. Rundle Support Master 4 PATRICIA A. HATTEN, Plaintiff V. ROBERT W. HATTEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 104110252 DOCKET NO. 721 SUPPORT 2008 ROBERT W. HATTEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION PATRICIA A. HATTEN, Defendant/Petitioner DOCKET NO. 08-5058 CIVIL TERM INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 - Payroll summary Plaintiff's Exhibit No. 2 - 2007 tax return Plaintiff's Exhibit No. 3 - Earnings statement Plaintiff's Exhibit No. 4 - Income and expense statement Plaintiff s Exhibit No. 5 through 13 - Photographs of marital residence Defendant's Exhibit No. 1 - Earnings statements Defendant's Exhibit No. 2 - Ameriprise portfolio review Defendant's Exhibit No. 3 - Photographs of marital residence ?? ;} ?...,y .,.:a ::? ---- ?+ °-?'.. - ?? ?'1 .S 7 ?4 ? ?1 SEA' -2 PM 1: "'UMBERLAND COUPWr PENNSYLVANIA Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID # 27736 400 South State Road Marysville, PA 17053 (717) 957-3474 - Voice (717) 957-2316 - Fax ROBERT W. HATTEN, Plaintiff VS. PATRICIA A. HATTEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 08-5058 IN DIVORCE STATEMENT OF INTENTION TO PROCEED To the Court: Plaintiff, Robert W. Hatten intends to proceed with the above captioned matter. Respectfully submitted, DISSINGER and DISSINGER ? Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID # 27736 400 South State Road Marysville, PA 17053 (717) 957-3474 F1 L PD-0;F 10" OF THE PROTHON TNRY ROBERT W. HATTEN 2011 SEP 15 PM 2' ?i vs CUMBERLA&Udt ?s-? PENNSYLVANIA PATRICIA A. HATTEN Statement of Intention to Proceed To the Court: Patricia A. H a t t e n intends to proceed w h the above captioned matter. Print Name Tk r i t i n R. R P i n h cil c3 Sign Name _ Esquire Date: 8/30/11 Attorney for atricia A. Hatten 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. Il 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. Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Defendant ROBERT W. HATTEN, Plaintiff v. PATRICIA A. HATTEN, Defendant rlY,' tC i; rl '"0-1PONO•F1i\Y 2j11r SEP 18 I4111 1 CUMBERLAND LANUNTY A : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5058 CIVIL TERM : CIVIL ACTION — LAW : IN DIVORCE STATEMENT OF INTENTION TO PROCEED TO THE PROTHONOTARY: Please be notified that the Defendant, Patricia A. Hatten, intends to proceed and requests this matter not be terminated. Date: Respectfully Submi THE LAW OFFIC SILLIKER & ed, S OF OL-Bi stin R Reinhol , Esq ire 5922 Li _lestown Road Harrisburg, PA 17112 I.D. No. 57911 (717) 671-1500 Attorney for Defendant