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Home My WebLink About01-6776 CYNTHIA L. THUEMMEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW GREGG W. THUEMMEL, Defendant :NO.OI- ~7'1'" : IN DIVORCE CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in tre 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 visit~tion of your children. When the ground for the divorce is indignities or irretrievable breakdown of the Iniarriage, you may request marriage counseling. A list of marriage counselors is available in the dffice of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisl~. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, tA WYER'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 YOV DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE Olf'FlCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone: (717) 249-3166 CYNTHIA L. THUEMMEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW GREGG W. THUEMMEL, Defendant : NO. 01- 1e.77b. : IN DIVORCE CIVIL TERM COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Cynthia L. Thuemmel, who currently resides at 193 Lawrence L<jne, Carlisle, Cumberland County, Pennsylvania, since September 1990. 2. Defendant is Gregg W. Thuemmel, who currently resides at 193 Lawrence L'1'ne, Carlisle, , Cumberland County, Pennsylvania, since September 1990. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least I six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on March 19, 1997, at NewviIIe, Cumberl~d County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties ~ereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiffhas 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. Plaintiff requests the Court to enter a Decree of Divorce. 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. ~ 4904, relating to unsworn falsification to authorities. Date: / / -- :9~ () I ANDREWS & JOHNSON Ronald E. John Attorneys for 78 W. Pomfr Street Carlisle, PA 17013 (717) 243-0123 ""- () 0 0 ~ (:) ~ c: -TJ ~ ;;;: Z ~ "'tJC!:7 0 -- ~ !Tlrn ........ ,..,-n 0 ~ Z:x:, ' 'i:::--~ ZC 1',' ~'~~,':; ~; ~ . (/).:~':,. 0) ......... 8 r>E ;L_~j ~:;) - ;v g ~ ..0 ;< , -u " ~c: ._~<. ;"< -r1 ~ Zc5 -"'" ':c,;: (') ~ I I )>c: N (=SIn - ~ ~ - ;p ~ U1 00 -< '-<~ 1- CYNTHIA L. THUEMMEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW GREGG W. THUEMMEL, Defendant : NO. 01- 6776 : IN DIVORCE CIVIL TERM / --- PRAECIPE TO REINSTATE DIVORCE COMPLAINT TO THE PROTHONOTARY: Please reinstate the attached divorce complaint. Respectfully submitted, ANDREWS & JOHNSON Date: January 7, 2001 Ronald E. J 78 West P fret Street Carlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 16453 0 CO () ~ N , I (- -Ow :::-;:.... ." mr~ ..:..... .ce.:: Z::r.:' "" ." Zr;;: 0 -(j CJ (j) .,"'~ (~) cS ;:S;t ,"':"T, :< ") -0 .},'.. ~T'! ~O ::Jr;: ';;:(") )>0 ~ :jrn ~ ~ :D CD -< CYNTHIA 1. THUEMMEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION - LAW GREGG W. THUEMMEL, Defendant : NO. 01- 6776 : IN DIVORCE CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEAL TH OF PENNSYL VANIA ) COUNTY OF CUMBERLAND ) ht AND NOW, this...zy day of 1', 2002, I, Ronald E. Johnson, Esquire, attorney for Cynthia 1. Thuemmel, Plaintiff in the abov captioned action, hereby swear that I have served a true copy of the Complaint in Divorce, with Notice to Defend and Claim Rights, executed by the Plaintiffin the above-captioned matter, upon the Defendant at his residence at 193 Lawrence Lane, Carlisle, PAl 7 I 03 by depositing the same in the U.S. Mail, postage prepaid, certified, deliver to addressee only, return receipt requested. A copy of the return receipt card signed by the Defendant on January 28, 2002, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. ANDREWS & JOHNSON Sworn and SUbs.r~o before me this ~ day of u.....~'t ' 2002. NOTARIAL SEAL SHELLY SEXTON. NOTARY PUBLIC CARLISLE BORO. CUMBERLAND COUNTY MY COMMISSION EXPIRES APRIL 26. 2003 Member, Pennsylvania Asst:'lciation of Notaries '_w~.~___..___"'" · Complete items 1, 2, and 3. Also complete item 4 ff Restricted Delivery Is desired. · Print your name and address on the reverse so th we can return the carel to you. · Attac his card to the back of the mailplece, or on e front if Space permits. 1. Article dressed to: fnr. Gre~ca W'IhVe.mfht:.-\ 193 LClwrence Lxn.c... ~r'h.s~ f fA 1"'7013 "" Received by (Pfease Print CIes1Iy) (:,lZlf:rCt 7/fuf,m",c( c. S~nature X D. Is del dlffetent from liom I If YES, enter delivery address below: 3. dlse 2. Article Number (Copy from servkelabel)"'70 99 3 00 ODI,p Q 1/ r 70 ~ ~ PS Form 3811, July 1999 Domestic Return R_pt 102595'OO-M-0952 4. L..-------.-~__.__,_._ - - -______n__________________ _n ____._~_,.___,__.._.____ _ _'___,__ ..__"_ Exhibit A -~--~...."..._,---'"_. . -o~ C> Q. N c.... :Po rpm :z -"t", ",-:JJ {~ Zs:- N '_.'~::I1 ~ ,~ w (-':~L KO -0 ..-:1 ~_..l ~1 ~ ',. ~(') :x (~j :!J :>2 - ;;:~-~~ .. C) ~ (J1 ~ ", ~ ) J l ) ~ <::) N <- -om ~ t;2g} ~~ N W :.:;0 -0 .;-~ ',:,".' i~ ::J: 't~ ?~~ - ?E -t \ (~ '< I \ \ L!.f/-##/~ L" M#e$///e/ vs Case No. 0/- 677b c;r o/f uJ, ~U'e$~d' Statement of Intention to Proceed To the Court: C'1/1 #; PJ L (, ~~~41ff intends to proceed with the above captioned matter. printName~l1~d & ~hd'~ignName Date: /O/~,( ~~/L Explanatory Comment Attorney for ~ ~ #ij"t')#~eI 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 disrnissed 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 exarnple 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 rnust make a show in to the court that the petition was prornptly filed and that there is a reasonable explanation or legitirnate 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 rernedy of a common law non pros which exits independently of termination under Rule 230.2. .-1 r-.-.", . , r"~> --") ",,', 1""'.... .-)" r- " --"~". CYNTHIA L. THUEMMEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Defendant : NO. 01- 6776 : IN DIVORCE CIVIL TERM GREGG W. THUEMMEL, PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infonnation, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2 Date and manner of service ofthe complaint: January 28. 2002 bv certified. restricted deliverY, return receipt reouested. 3. Date of execution ofthe affidavit of consent required by Section 3301(c) ofthe Divorce Code: by the Plaintiff Januarv 13. 2006; by Defendant Januarv 13,2006. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in !l3301(c) Divorce was filed with the Prothonotary: J/.2J~p I I Date Defendant's Waiver of Notice In ~3301(c) Divorce was filed with the Prothonotary: 1/..l.I/#J. / /' ANDREWS & JOHNSON Date: January ...<'..3, 2006 By: Ronald E. Joh , Esq. 78 West Pomfr t Street Carlisle, PA 17013 (717) 243-0123 -" onl '- ',_ i CYNTHIA 1. THUEMMEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW GREGG W. THUEMMEL, Defendant : NO. 01- 6776 : IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 28,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a 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. S 4904, relating to unsworn falsification to authorities. Date: F/3-0(o fl " , " , irttG;JItJ iGGL01iVvn~ Cynt?ia . Thuemmel, Plaintiff ,---, c~; '---: r- ' r.;-"< CYNTHIA 1. THUEMMEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Defendant : NO. 01- 6776 : IN DIVORCE CIVIL TERM GREGG W. THUEMMEL, AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 28, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a 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. 9 4904, relating to unsworn falsification to authorities. Date: if il/cG I 1;l' -- .' ..--,'-- .. . , ty-:': ' ,; , V'i:1~' . '-"7 I /, /~ ~ /. . Gregg -v(/: . emmel, Defendant ',1 --! 'c ~, .-:-. (,:-i (:.,' CYNTHIA 1. THUEMMEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Defendant : NO. 01- 6776 : IN DIVORCE CIVIL TERM GREGG W. THUEMMEL, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I. 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 ifI 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. ~4904, relating to unsworn falsification to authorities. Date: l (3-- 0 c.:, l YJ-J (1 Cj{{n1U4 (~ /rL0lMl11~uX- CynthiiL. Thummel, Plaintiff r..:~ " c_ i! CYNTHIA 1. THUEMMEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Defendant : NO. 01- 6776 : IN DIVORCE CIVIL TERM GREGG W. THUEMMEL, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I. 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. !j4904, relating to unsworn falsification to authorities. Date: 1/ fJ /V ~ I /L_~_ L! "i/J /l--/z,,~~ ./ <.... L.- - Gregg,.... _Tflummel, Defendant ".'1 .-, c ;!i;!ii;;+:;!i:f. . . . . . . . . . . . . . . . . . . + + + . . + . . . . . + . . . . . + :f.~ ~;+::f.:f.;+: i; ;+::f.;+:;+:... ~.~.. ;+: ;+:~ ~;+:.;+: ..;+:;!i~ ....~..~;+:.* ~ +...+.~.+~ + + :f.;+:.;t; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CYNTHIA L. THUEMMEL PENNA. STATE OF NO. 01-6776 Plaintiff VERSUS GREGG W THUEMMEL Defendant . . + . . . + + . + + . + . . + . + DECREE IN DIVORCE "' I.. ~ d~,\ o~ 1o.~"o.t"~_ l/)()(P, IT IS ORDERED AN 0 AND NOW, CYNTHIA L THUEMMEL DECREED THAT , PLAINTIFF. . . . + . + . + + . + . + . . GREGG W THUEMMEL AND , 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; NONE By THE CO~:~~ U~\ \ \ - "\ Anm ~ <(fUA~ P"OOHONO""' .' ;,.-,. 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