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HomeMy WebLinkAbout09-5664WENDY J. DOWS, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. Oq - ,Swq PETER J. DOWS, 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 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, Cumberland County Courthouse, 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 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 (717) 240-6200 WENDY J. DOWS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. O I - 5,4 4 y ?-c PETER J. DOWS, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE Count I Divorce Under Section 3301(c) or (d) 1. Plaintiff is Wendy J. Dows, an adult individual who resides at 100 Wayne Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Peter J. Dows, an adult individual who resides at 100 Wayne Avenue, New Cumberland, Cumberland County, Pennsylvania 17070 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married on June 4, 1983, at Camp Hill, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that plaintiff has the right to request that the court require that the parties participate in counseling. 8. Defendant is not a member of the armed services of the United States or any of its allies. WHEREFORE, plaintiff requests the Court to enter a Decree of Divorce Count II Equitable Distribution 9. Paragraphs 1 through 8 are incorporated herein by reference. 10. Plaintiff states that the plaintiff and defendant possess various items of both real and personal marital property which is subject to equitable distribution by the Court. WHEREFORE, plaintiff requests that this Court: a) equitably distribute all property, personal and real, owned by the parties b) such other relief as the Court may deem equitable and just. <1? ?/- Timothy J. O'Connell, Esquire TURNER AND O'CONNELL 4701 North Front Street Harrisburg, PA 17110 (717) 232-4551 Attorney for plaintiff Verification I verify that the statements made in the foregoing Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date: 17, ;009 ??J, 0.2?ud- Wendy J. Dows? &-7'- THE P??"- . 109 AUG 14 PM r 59 WABENA4) COUNTY $aU4•50 PD ATTY M* x ssq pj* Ugas v' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding LLC assignee of CITIBANK Plaintiff vs. CHARLES LUCAS Defendant(s) To: MEMBERS 1ST FCU 1000 BRYN MAWR RD CARLISLE PA 17013-1588 ~!L~u Z~f Q ~~.~L _2 ~~ ~~?; 1 CIVIL ACTION -LAW ~q~ 10.09 5665 CU ~ ,, ,r f ~1'~f~~t7~ 4~..?~~f~~: RECEIVED ~~.s~cr s -~-v JUN 2 9 2010 INTERROGATORIES TO GARNISHEE PURSUANT TO RULE 3253 OF THE RULES OF CIVII, PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIlZED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ Execution was issued. C. "You" means the main office and all branch offices, representatives, employees and agents of your organization. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories aze considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. FFG file #: 169836 11111111111 IIIII Illll 11111 hill 11111 111111 IIII IIII! 111111 III IIII PA/PA_BANKINTERROGS INTERROGATORIES TO GARNISHEE DEFENDANT(S) -CHARLES LUCAS I . DEPOSTTORY ACCOUNTS: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate of deposits or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains any of these 'oint with any other person, or piers'ons, give th it name and address. Vj ~S i ~ v ~ Y IBS W~ ~ ._ ~(`r t'l.{~'~ r I A kXx(~©4 ~e~l~~~-~~>/j ~ ~~~ ICU I-et~e LUCA,s - ~a "~l-~ PP ,~a~tia~ Me ~~ 0, Ufa ~ -M~~ .~~ ~ Ala (~v ~~2~ Cha--(-es ~~. 1 ~ ~ 1~eC~~~n~~~sb~ ~~ ~ 17~5C~ 3C~~~ lA. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. CI'Vr I ~~~~ ~ v~ Sc~c..~ cc.~... SeC v r ~~ 2. If you are a bank or other finance institution, at the time you were served or at any subsequent time did the Defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. I~10 ~U -nc~S 3. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant(s) have funds on deposit in an account in which funds on deposit, not including any otherwise exempt funds, did not exceed the amount of general monetary exemption under 42 Pa.C.S. 8123? If so, identify each account. 0 4. TRANSFER OF PROPERTY: At any time after you were served did you pay, transfer or deliver any money or property to the Defendant(s) or to any person or place pursuant to the Defendant's direction or otherwise discharge any claim of the defendant(s) against you? # fo 5. SAFE DEPOSIT BOX: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendant(s) maintains any of these jointly with any other personNOr~ persons give their full name and address. 1 V 1~ 6. REAL OR PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not the Defendant(s) own any personal property that was in your possession andlor control. If so, include a full description of all personal property giving full value and present location. State whether or not there are any encumbrances or liens holders, and the present balance of the encumbrances. State where and when encumbrances or liens were recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give full names and addresses. !~ PA/PA_BANKINTERROGS 7. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those asset(s). ~ io 8. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which any Defendant had an interest? If so, please describe for each Defendant the nature of the property including its value and the interest of Defendant(s). N~ 9. FEES OUTSTANDING TO GARNISHEE: Are there any attorney's fees or processing fees charged by you against the Defendant(s) or account(s) of the Defendant(s) for the completion of this answer? If yes, outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the reparation of the Answer. ~'DCesS~`r~ -Fe.e coy (~ ~.ot be -~.~'n ©u~. ~ ~ FULTON, FRIEDMAN, & GULLACE LLP ~2 David R. Galloway #87326 130B Gettysburg Pike Mechanicsburg, PA 17055 (866)563-0809 Counsel for Plaintiff Attorneys in the Practice of Debt Collection FFG file #: 169836 PAIPA_BANKINTERROGS VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Tapia S. Young (Name) Deposit Operations AnalystofMembers 1st Federal Credit Union (Title} (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. ~~~ u (SIGNAT RE) i ?(^ tl •-.. t tk 11v `VI E V?V t9 IJ??'t 1 WENDY J. DOWS 7217 SEP -6 P 2: 2, vs = L"t'_tZC ANA? ??? ?, Case No. 09-5664 Civil Term PENNSYLVANIA PE'T'ER J. DOWS Statement of Intention to Proceed To the Court: Wendy J. Dows Print Name Timothy J. O' Connel l intends to proceed with the above captioned matter. Sign Name Date: 09/05/12 Attorney for Wendy J. Dows 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 1 104 (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. 11 Ina(.tive 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 .,isl, 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.