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Home My WebLink About09-8241KARLA F. McCULLOUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. MICHAEL D. McCULLOUGH, Sr., CIVIL ACTION - AT LAW - IN 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 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 4 KARLA F. McCULLOUGH, Plaintiff vs. MICHAEL D. McCULLOUGH, Sr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 19 q- k,2,11 r CIVIL ACTION - AT LAW - IN DIVORCE DIVORCE COMPLAINT The Plaintiff, Karla F. McCullough, through her attorney, Marlin L. Markley, Jr., makes the following Complaint in Divorce and, in support thereof, avers as follows: 1. The Plaintiff, Karla F. McCullough, is an adult individual who currently resides at 110 Laurel Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, Michael D. McCullough, Sr., is an adult individual who currently resides at 110 Laurel Drive, Enola, Cumberland County, Pennsylvania 17025. 3. The Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on August 8, 1981, in Martinsburg, Berkeley County, West Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff, Karla F. McCullough, respectfully requests this Honorable Court to enter a decree of divorce in this matter. Respectfully submitted, Marlin arkley, Jr., Esquire 3920 Mark Street, Suite 303 Camp Hill, Pennsylvania 17011 Date: November 24, 2009 ID# 84745 Tel. (717) 635-9538 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that KARLA F. McCULLOUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. MICHAEL D. McCULLOUGH, Sr., CIVIL ACTION - AT LAW - IN DIVORCE Defendant false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: (< 0 Gi Signature: Karla F. McCullough ?04 (?Ipb ?- Cl? lord KARLA F. McCULLOUGH, Plaintiff vs. MICHAEL D. McCULLOUGH, Sr., Defendant ~~, ..,~ ^r 7 ~r ` .~- i~~~,L_ ~ _l~,t ~.~tJ ZQ1Qr~Y 27 A-~ f I ~ 2~ Cl,~t,~ ; ; ; '~'i Y C v. v, > ~'d:~~r'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09 - 8241 Civil Term CIVIL ACTION - AT LAW - IN DIVORCE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Marlin L. Markley, Jr., Esquire, verify the Complaint in Divorce has been served upon the Defendant indicated above by personal service as indicated by the attached Affidavit of Process Server, pursuant to the requirements of Pa. R.C.P. 1930.4. Respectfully Marlin L. kley, Jr., Esquire 3920 Mar t Street, Suite 303 Camp Hi ,Pennsylvania 17011 Date: May 25, 2010 ID# 847 5 Tel. (717) 635-9538 Affidavit of Process Server IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA (NAME OF COURT) KARLA F MCCULLOUGH vs MICHAEL D MCCULLOUGH SR 09 8241 CIVIL TERM PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT CASE NUMBER l RICHARD KREITZER ,being first duly sworn, depose and say: that I am over the age of 18 years and not a party to this action, and that within the boundaries of the state where service was effected, l was authorized by law to perform said service. service: I served MICHAEL D MCCULLOUGH SR NAME OF PERSON /ENTITY BEING SERVED with (list documents) PRAECIPE TO REINSTATE COMPLAINT AND REINSTATED COMPLAINT IN DIVORCE by teaving with MICHAEL D MCCULLOUGH SELF At NAME RELATIONSHIP ® Residence 110 LAUREL DRIVE ENOLA PA 17025 ADDRESS CITY/STATE ^ Business ADDRESS CITY/STATE 12110 DATE 1:15 PM TIME ^ Inquired if subject was a member of the U.S. Military and was informed they are not. Thereafter copies of the documents were mailed by prepaid, first class mail on DATE from CITY STATE ZIP Manner of Service: ® Personal: By personally delivering copies to the person being served. ^ Substituted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being served with a member of the household over the age of and explaining the general nature of the papers. ^ Substituted at Business: By teaving, during office hours, copies at the office of the person/entity being served with the person apparently in charge thereof. ^ Posting: By posting copies in a conspicuous manner to the front door of the person/entity being served. Non-Service: After due search, careful inquiry and diligent attempts at the address(es) listed above, I have been unable to effect process upon the person/entity being served because of the following reason(s): ^ Unknown at Address ^ Moved, Left no Fonivarding ^ Service Cancelled by Litigant ^ Unable to Serve in Timely Fashion ^ Address Does Not Exist ^ Other Service Attempts: Service was attempted on: (1) (2) DATE TIME DATE TIME (3) DATE TIME (4) DATE TIME (5) DATE TIME Description:. Age50 Sex M Race~N Height 5'8" Weight 1Hair c~Y Be rd S~°F~ Glasses NO SIGNATURE PR ESS SERVER .~"~ SUBSCRIBED AND SWORN to before me this ~' day of `IC~lL.cv,~ , 20 ,~ , by ~LtJy~,z/ ,~j~t,~7Frx, Proved to me on the basis of satisfactory evidence to be the person(s) wisp geared before me. COMMONWEALTH Of PENNSYLVAiVIA ~( NOTARIAL SEAL STEPHANIE NEBL, Notary Public TORE OF NOT f~(PUBLIC Camp Hill Boro, Cumberland COUflty NOTARY PUBLIC for the state of .~, ~3' My Commission Expires Jan. 25, 2011 -" FORM 2 NATIONAL. ASSO IATION OF PROFESSIONAL PROCESS SERVERS 4 C,�,l f-�rn vs Case No. ,2 4 E MCCAMk Statement of Intention to Proceed M To the Court: 41� ,, C ai/y` M f `C-�U ' ` intends to proceed with above caption*gatteM E) Print Name at" [,- / 14rk112J 1Sign Name Date: / / � -✓ Attorney for � /'� �L 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. 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 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 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. KARLA F. McCULLOUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA vs. : No. 09—8241 Civil Term MICHAEL D. McCULLOUGH, Sr., : CIVIL ACTION—AT LAW—IN DIVORCE Defendant PRAECIPE TO WITHDRAW DIVORCE COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned Divorce Complaint. The plaintiff no longer wishes to proceed. Respectfully sub , Marlin L. M. ey, r., Esquire 3920 Market Str,et, Suite 303 Camp Hill, Pe, sylvania 17011 Date: November 15, 2013 ID# 84745 el. (717) 635-9538 c , -02: --i rn .:"s z ' -<A Q >C) cp-ri -9C" W