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Home My WebLink About09-1007MESUDE EBRU KONGAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. MARK ANDREW PRICE, 6?- 16,67 Defendant IN DIVORCE NOTICE TO DEFEND 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 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 York County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWERAY;,Q, SAY SAIDIS, FLOWER & LINDSAY .+r'[ow?vseruw 26 West High Street Carlisle, PA Carol J. Lin a ' Esquire Attorney I .44 3 26 West Hig Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff MESUDE EBRU KONGAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARK ANDREW PRICE, NO. Q _ ?dQ 7 N Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Mesude Ebru Kongar, an adult individual, residing at 214 South West Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Mark Andrew Price, an adult individual, residing at 423 Walnut Street, Apartment 111, Harrisburg, Dauphin County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 16, 2003 in Bountiful, Utah. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. FLOWER & LINDSAY nnoiaversaruw 26 West High Street Carlisle, PA SAIDIS, FLOWER & Carol J. Linds , E; Attorney Id. 69 26 West High Mee Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. I SAIDIS, FWNVER & LINDSAY nn AP. 26 West High Street Carlisle, PA understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to Date: A,1-7- 6 1 c- ? a n Q MESUDE EBRU KONGAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 09-1007 CIVIL MARK ANDREW PRICE, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Mark Andrew Price, Defendant, accept service of the Complaint in the above- captioned matter. Z /041 Date /ark Price R & SAMIS FLONVE LINDSAY 26 West High Street Carlisle, PA ?' ?_: ,?- •.a MESUDE EBRU KONGAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 09-1007 CIVIL MARK ANDREW PRICE, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed February 19, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 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. 4904 relating to unswor/falsificatidr?O.atRF orities. Date: 5 30 d Price 1. I consent to the entry of a final Decree of Divorce without notice. O F FLOWER & LINDSAY 26 West High Street Carlisle, PA 2. 1 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. 1 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. verify that the statements made in this Affidavit 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. 4904 relating to unsworn falsification to authorities. Date: O S 3ol O ark Andrew Price JUN 0 2 2009 FILED-iv f -icI V E OF THE P OTI-4 ,NOTAPY 2009 JUN 10 AM 11 _.?n J UMB, .t ?. 1 -1f- N G ~ i ~ , ~. vs Case No. ^°S ev > 3 ~~ d ~~ Statement of Intention to Proceed ~.-~ --+ ~.-' -~G I' ~D r-- "I'o the Court: '~ ~ ;7 ~-; ~ '~ ~ ~ C~ ' , ~ ' 1 t ~ j "~' l~~(, i ~r~~ l.~ l' intends to proceed with the above captioatt~ ~_ ~- r.. Print Name ~' 1 I ~~~1 ~ Bbl ~ Sign Name ~ ' ~ ~ ~'~ ` __ -____ f Date: ___-- Attorney for t" i~____- ~ ` _~ ' 1-i, ------ ; ; 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. Xu/.' ofcrvil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope oi' 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, 5~ 1 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. K~here the action has been terminated [f 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 oi'termination. An example of such an occurrence rnight be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did ^oi 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 oC 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 terrninahon on the docket and for the failure 'to file the petition within the thirty-day period under subdivision (d)(2). B. l4~here 117e 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. r-, ..._.t ~~ r-~ _~ r~^ ~~ -a ~-:y -~ mac, ._a _.,~