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HomeMy WebLinkAbout04-1707MARCY REBOK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0 N? /70? MICHAEL L. REBOK, CIVIL ACTION - DIVORCE Defendant 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 of divorce or annulment may 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, 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6200 MARCY REBOK, Plaintiff V. MICHAEL L. REBOK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 01- /r70?7 NO. CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff, Marcy Rebok, by and through her attorney, Gary L. Kelley, and represents as follows: DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Marcy Rebok who resides at 9 1/2 S. Penn Street, Shippensburg, Pennsylvania 17257. 2. Defendant is Michael L. Rebok who resides at III S. Prince Street, Apt. A-6, Shippensburg, Pennsylvania 17257. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 5, 1997 in Shippensburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Neither party is a member of the United States Military Service or in any branch of the armed forces of the United States or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments, 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, the Plaintiff, Marcy Rebok, respectfully requests that this Honorable Court enter a decree in divorce divorcing the parties from the bonds of matrimony. Respectfully submitted, Ga elley ID o. 801 132-134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 ATTORNEY FOR PLAINTIFF ? a VERIFICATION I verify that the statements made in this Complaint 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 wisworn falsification to authorities. Date: 001? _/J11? tw b k? pl d o ?' u r ?boI c vs Lebo ?? Case No. a V : -z a/ Statement of Intention is Proceed To the Court: LNX 0--e- ` O I intends to proceed with the above captioned matter. Print Name Sign Namc Date: /6 -20&3 .-d I 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 230.2 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 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. ?P?ease ,era`/ -?-6 - r r1GL ? i Z fo ?e . r-? C7 CD un r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA MARCY REBOK Plaintiff : No. 04-1707 : Civil Action - Law VS. MICHAEL L. REBOK Defendant TO THE PROTHONOTARY: : In Divorce PRAECIPE Enter my appearance for the Plaintiff in the above captioned matter. Date: 3/19/ 09 H. Anthony Adams, Esquire Attorney for Plaintiff 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 r VERIFICATION I certify that a copy of this praecipe is being sent to the Defendant by first class mail addressed to 111 South Prince Street, Apt. A-6, Shippensburg, PA 17257. H. Anthony Adams ca CA`' ; ? i x a r_ 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA MARCY REBOK : No. 04-1707 Plaintiff vs. : Civil Action - Law : In Divorce MICHAEL L. REBOK Defendant ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce. I certify that I am authorized to accept service on behalf of defendant and that I received the complaint on or about April 30, 2004. Date ( Michael L. Rebok ? ???? 1v' r f f4 L ? t wl 4 ? .. ..? Y = 4 r CK) T? 3 ~Cy SN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA MARCY REBOK : No. 04-1707 Plaintiff : Civil Action - Law VS. MICHAEL L. REBOK Defendant : In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 20, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint and service on Defendant. 3. I consent to the entry of the final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit 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. Date:_Z-3?1-G ` Michael L. Rebok Defendant N r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA MARCY REBOK : No. 04-1707 Plaintiff VS. MICHAEL L. REBOK Defendant : Civil Action - Law : In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. Date: -Af4-?21 Michael L. Rebok Defendant C-ja r CO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA MARCY REBOK : No. 04-1707 Plaintiff Civil Action - Law VS. MICHAEL L. REBOK Defendant : In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. Date: - 7 - 019'_ qV aA Marcy Re k Plaintiff ? - ? ? r °a . " c__. 'l? "t3C` f'S`! ? ? ?°" ?' "`y ?? `Y ?..,. ? ?^(?; ?. L.. ..... ? .. T ? '? ' ?' ?? t t' Y??' ` i?.? ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA MARCY REBOK : No. 04-1707 Plaintiff : Civil Action - Law VS. MICHAEL L. REBOK Defendant : In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 20, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint and service on Defendant. 3. I consent to the entry of the final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit 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. Dater Ix OLA C,.L# -keJXAL? MARCY R OK Plaintiff u , C-n ,-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Marcy Rebok, : No. 04-1707 Plaintiff VS. : Civil Action - Law : In Divorce Michael L. Rebok Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree; 1. Ground for divorce; irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service is believed to have been made by Certified Mail Return Receipt Requested about April 30, 2004 and received by Defendant on April 30, 2004. An acknowledgement of Service has been filed acknowledging receipt of the complaint in divorce on or about April 30, 2004. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code; by the Plaintiff July 7, 2008; by Defendant June 30, 2008 4. Related claims pending: None. 5. Plaintiff's Waiver of Notice was signed July 7, 2008 and is filed herewith and Defendant's Waiver of Notice was signed June 30, 2008 and is filed herewith. H. Anthony Adams, Esquire Attorney for Plaintiff 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 CJ 6? '`may Y" IN THE COURT OF COMMON PLEAS MARCY REBOK N 0. 04-1707 VERSUS MICHAEL L. REBOK DECREE IN DIVORCE AND NOW, so\I "' , 2008 , IT IS ORDERED AND DECREED THAT MARCY REBOK , PLAINTIFF, OF CUMBERLAND COUNTY STATE OF PENNA. AND MICHAEL L. REBOK DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COURT: ATTEST: J PROTHONOTARY ersvrw 011-1 .144? -1 ? v- "'V jv 7 .*r' W, 7ev , i ?`p t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA Marcy Rebok : No. 04- 1707 Plaintiff : Civil Action - Law vs. In Divorce Michael L. Rebok, Defendant ELECTION TO RESUME PRIOR NAME TO THE PROTHONOTARY: Pursuant to 54 Pa. C.S.A. section 704, I, Marcy Rebok, Plaintiff in the above captioned case, in which a decree in divorce from the bonds of matrimony was entered on the 22nd day of July, 2008, do hereby avow my intention and do hereby elect to resume my prior name of Marcy Giancoli. R Marcy Re k Commonwealth of Pennsylvania: :SS County of Cumberland AND NOW, this ?day of July, 2008, before me, a notary personally appeared Marcy Rebok and acknowledged the foregoing public, written notice of intent to resume her prior name to be her act and deed and to that end that it may be recorded as such. COMMONWEALTH OF PENNS yq N? H. AnthonyN otwseal Notary Public hopeneburg BoAdaM ron afthtrY Y Commission Expires nftdand May 31, 2010