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HomeMy WebLinkAbout08-75040 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD BEISHLINE, Plaintiff v LEAHANN BEISHLINE, Defendant No. 2008 - CIVIL ACTION -LAW 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 against you and a decree of 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 Domestic Relations Office, l3 North Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OR PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 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 at 717-240-6100. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD BEISHLINE, Plaintiff No. 2008 - 7 5`v v LEAHANN BEISHLINE, Defendant CIVIL ACTION -LAW DIVORCE NOTICE OF AVILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint 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 the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, l'3 North Hanover Street, Carlisle, Pennsylvania, 17013. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD BEISHLINE, Plaintiff No. 2008 - 7 ~d y v CIVIL ACTION -LAW LEAHANN BEISHLINE, Defendant DIVORCE COMPLAINT IN DIVORCE UNDER 23 P.S. 44 3301(c) and (d) OF THE DIVORCE CODE AND NOW, this _~ day of December, 2008, comes Plaintiff, Richard Beishline, by and through his attorney, Suzanne Spencer Abel, Esq., and who files the following Complaint for Divorce, and in support thereof avers as follows: 1. The Plaintiff is Richard Beishline, currently residing at 210 E Street, Carlisle, Pennsylvania, Cumberland County. 2. The Defendant is Leahann Beishline, currently residing at 20 East Street, #12, Mt. Holly Springs, Pennsylvania, Cumberland County. 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 24, 2000, in Hummelstown, Dauphin County, Pennsylvania; and separated on March 4, 2004. The parties have since cohabitated periodically, but have never reconciled. The parties have two children from the marriage. 5. On or about April 11, 2004, the instant Plaintiff filed a Complaint for Divorce in Cumberland County at 04-3967 Civil Term. On November 5, 2007, after receiving no response from Plaintiff's prior counsel of record who failed to notify Plaintiff the pending termination, the Prothonotary terminated the case with prejudice in accordance with Pa.R.C.P. 230.2. 6. Since 2002, after protracted intervention prompted by Defendant's conduct by seven separate police departments (Camp Hill, East Pennsboro, West Shore Regional, West Fairview, Mt. Holly Springs, Carlisle, and the PA State Police), Cumberland County Children &z Youth Services, and three District Justices (Charles Clement, Robert Manlove, and Susan Day), in addition to Defendant's apparent present 6-month pregnancy by an unknown father, the marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that defendant may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff respectfully requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree of Divorce. Respectfully submitted, Spencer Abel Law Office Suz n e Spencer bel, Esq. Att ey ID #202443 P.O. Box 1161 Carlisle, PA 17013 (717) 829-3206 spencerabel@comcast.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD BEISHLINE, Plaintiff No. 2008 - v LEAHANN BEISHLINE, Defendant CIVIL ACTION -LAW DIVORCE VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are 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.A. 44904 relating to unsworn falsification to authorities. r Date: _~~ Zc! D~' _ .,~~~/„/~- Richard Beishline IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD BEISHLINE, ; Plaintiff No. 2008 - v CIVIL ACTION -LAW LEAHANN BEISHLINE, ; Defendant DIVORCE CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Complaint forDivorce, I am this day serving a copy of same via Certified First Class U.S. Mail, to the following Defendant: Leahann Beishline 20 East Street, #12 Mt. Holly Springs, PA 17065 Date: ~ ~~ Suz e Spence Abel, Esq. Att y ID #202443 P.O. Box 1161 Carlisle, PA 17013 (717) 829-3206 spencerabelC~comcast.net ^~ ~ - r~ ~~ ~ ' .. '" r~z? ~~ -c ~ -. trs t"-~ - .. d C:3'a ."< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD BEISHLINE, Plaintiff No. 2008 ' -~ v LEAHANN BEISHLINE, Defendant CIVIL ACTION -LAW DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Richard Beishline, Plaintiff, to proceed in forma pauperis. I, Suzanne Spencer Abel, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free and/or substantially reduced fee legal services to the party. Date: ~~(~ z Spencer Abel, Esq. Atto ID #202443 P.O. Box 1161 Carlisle, PA 17013 (717) 829-3206 spencerabel@comcast. net r~7 . ~ ' ~~ . ~, ~ ~ { -.: ~ ~. fl'7 " =-^a T~ i ~r t1 , ~ _~-~'a ~~ :: "~ r .? c-~. ~ ~. Yy R a -_ _J+-;; ;~.~ c.~~ ~;-, .~ Richard Beishline vs Leahann Beishline Case No. 2008-7504 Statement of Intention to Proceed _a «wJn. To the Court: -0t- Plaintiff intends to oceed with th above captive matter. -t n 3 -0 ? ?- _ J?5 iz:) _ Richard Beishline 1 Print N Sign Name / •• --tom 3 T_Q cn, Date: r 2e ``9-OKU Attorney for P ro Se 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 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. Richard J. Beishline, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA .. , V. : CIVIL ACTION - LAW m r IN DIVORCE e.n tv Leahann M. Beishline, -sue Defendant : NO. 08-7504 CIVIL TERI;i -;? NOTICE TO PLAINTIFF If you wish to deny any of the allegations set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in June of 2008, and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. 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. 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. §4904, relating to unsworn falsification to authorities. Date a b au l a Q vL,, Leahann M. Beishline, Defendant Richard J. Beishline, Plaintiff VS. Leahann M. Beishline/McBride, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7504 CIVIL ACTION - LAW In Divorce CIVIL TERM c-.) c o _ MW :zm rn? X e rEn rn te r - -< - 'TI p M.. CERTIFICATE OF SERVICE I, Victoria Yaroslavskaya, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Defendant's Affidavit on Richard J. Beishline, residing at Betty Nelson Mobile Home Park, 32 Tiptop Circle, Carlisle, PA 17015, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Richard J. Beishline, on the the 28th day of June 2011 as evidenced by the attached green card. ?o N Victoria Yaroslavska Certified Legal Inte FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ¦ Complete items 1, 2, and 3. Also complete Item 4 M Reetdcl3ed Ddmy I8 deehed. ¦ Print your name arrd address on the reverse so that we can mum the card to you. ¦ Attach thls card to the heck of the mailpiece, or on the front If apace permits. 1. Article Addressed to: p "I?aJ-)u rcL v. 8 ash 1l n e, /V e (s oai n"kbl It f brit ParK 5.1 Tpfog Gvc(c Cart i?>Ce, PA ? '1o I5 A. SkA*" X 1Z- 13 ? AdAgM dressee Rsoakred by (Pdnted ) C. Data of Delivery (S 4*flp 'All D. Is delivery address SLAW If YES, enter delivery oNo its 9 tip _©v 3. Type \.:../ Certilled Mae ?? m Mali Repletared 10 Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Reetriobed Delivery? P ft Fee) Yes 7010 1060 0001 1046 7491 r PS Form 1, February 2004 Domestic Return Receipt Richard J. Beishline, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Leahann M. Beishline, f ,.-, Defendant NO. 08 - 7504 CIVIL TERM c -n =rn rn ?M_ CERTIFICATE OF SERVICE GOO- ?rn --+° I, Victoria Yaroslavskaya, Certified Legal Intern, Family Law Clinic, herebkC il?ha --n an served a true and correct copy of the Notice of Intention to Request Entry of DivorZt§ec 0 M --i n%) Richard J. Beishline, residing at Betty Nelson Mobile Home Park, 32 Tiptop Circle, Cirli&, P 17015, by depositing a copy of the same in the United States mail, postage prepaid, on August 2, 2011. Victoria Yaroslav kaya Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Richard J. Beishline, Plaintiff V. Leahann M. Beishline, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 08-7504 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: PLAINTIFF, Richard Beishline You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after August 25, 2011, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. IF YOU CANNOT AFFORD 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. Richard J. Beishline, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Leahann M. Beishline, -V3 Defendant NO. 08 - 7504 CIVIL TERM zr'n r m -<A o° CERTIFICATE OF SERVICE x° Ac ca oM I, Victoria Yaroslavskaya, Certified Legal Intern, Family Law Clinic, hereby cW 4at V served a true and correct copy of the Notice of Intention to Request Entry of Divorce Decree on _< Richard J. Beishline, residing at Betty Nelson Mobile Home Park, 32 Tiptop Circle, Carlisle, PA 17015, by depositing a copy of the same in the United States mail, postage prepaid, on August 2, 2011. J f 1??Jk Victoria Yasaya Certi fied Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Richard J. Beishline, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Leahann M. Beishline, Defendant : NO. 08-7504 CIVIL TERM 4 ., rn Co PRAECIPE TO TRANSMIT RECORD ?a r'a To the Prothonotary: .w;: .. , Transmit the record, together with the following information, to the court fo j. ; entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown and separation for two years under § 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Personal service on Defendant at 20 East Street, Apt. 12, Mt. Holly Springs PA 17065 on December 29, 2008. 3. (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: June 23, 2011; (2) Date of filing and service of the defendant's affidavit upon the plaintiff: Filed on June 23, 2011 and served June 28, 2011. 4. Related claims pending: None. 5. (a) Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree, a copy of which is attached: Service by first class mail on August 2 2011. Date Uq Victoria Yaroslavska Certified Legal Intern Meg esmeyer, Esqui e Robert E. Rains, Esquire Thomas M. Place, Esquire Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639