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HomeMy WebLinkAbout10-2881 11 FiLEt? ?t? ? .. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 2010 APR 29 11-11 2: 32 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF BRYAN T. DUNN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KELLY J. DUNN, : NO. 2010 - &JJ CIVIL TERM Defendant : IN DIVORCE NOTICE 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 in 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 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 17013. 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, Pennsylvania 17013 717-249-3166 a .o0 molly 71/t uiaa A/W 3uu NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF BRYAN T. DUNN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KELLY J. DUNN, : NO. 2010 - 041 CIVIL TERM Defendant : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) AND 3301(D) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Bryan T. Dunn, an adult individual residing at 1874 Douglas Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Kelly J. Dunn, an adult individual residing at 30 Troutbrook Road, Roulette, Potter County, Pennsylvania 16746. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on July 15, 1995, in Roulette, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. Pursuant to the Divorce Code, Section 3301(d), the plaintiff avers that as of April 22, 2010, the parties have lived separate and apart for a period of at least two (2) years. 7. The plaintiff avers that he has been advised of the availability of counseling and that said parry has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. 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. Section 4904, relating to unsworn falsification to authorities. Z , 2010 Bryan .Dunn, aintiff WOLF & WOLF, Attorneys at Law Z , 2010 BY: AT OLF, ESQUIRE Supr ourt ID #87380 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff NATHAN C. WOLF, ESQUIRE O WEST HIGH S REET° 2010 APR 29 Ph 2'. 31 CARLISLE PA 17013 1 241-4436 ATTORNEY FOR PLAINTIFF r'ri ? ? 1 ? `th 1 BRYAN T. DUNN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KELLY J. DUNN, : NO. 2010 - CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1 ?? 2010 ??T,TYUNN, YAN Plaintiff BRYAN T. DUNN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW C'a o _r BELLY J. DUNN, : N0.2010 - 2881 CIVIL TERM ~ ~ " za ~`r; G_ Defendant : IN DIVORCE ~? r:: ~~ , ;_, -„ r- r-- .A I~~ ~ '~I^. 4 j~ c~, - ,_ AFFIDAVIT OF SERVICE OF COMPLAINT ~=~' - ~ "" PURSUANT TO PA. R.C.P. RULE NO.1920.4 (a1~11(~,- ~ C.._ Ca.3 ,..! NOW, the undersigned, being duly sworn according to law, does depose and sta ~ _,.. ~,.. =c 1. That he is a competent adult and is neither a relative nor employee of a party in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant or an adult member of the family with home the defendant resides at 30 Troutbrook Road, Roulette, Pennsylvania 16746 on the ~...s~~ day of Scn,~~/ , 2010 at IZ- 12 o'clock ~ .m. by personally handing a certified copy of the complaint to La ~ S ~ G,"d S.Smccn I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. TuLT '- , 2010 Commonwealth of Pennsylvania C ~ County of (Seal) ,~6~,-f" ~, l~Sfie~ Printed Name SS Sworn and Subscribed before me On this ~ ST day of ~ L , 2010 Notary Pu 'c COMMONWEALTH OF PENNSYLVANIA My commission expires Novrw see P~bac lCeatlnp TWR. ~AcKsan Coruuy My CannN~elon E~kss Nov. 28, 2012 Member. Pennsyhrar~ Astoefation of Notaries BRYAN T. DUNN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2010 - 2881 CIVIL TERM c'~ o ° n CIVIL ACTION -LAW ~" ~'" -~+ KELLY J. DUNN, t~rt ~, a ~`' DefendantlPetitioner IN DIVORCE ~' ~'' ' rn ~ v ~.~ 1 ~~ PETITION FOR ECONOMIC RELIEF ~:=r ~ ©c=~ rv :, r L.~ ~- - ~~~ ~ { ,~. r W~ ~ y' ~, NOW comes the Petitioner, Kelly J. Dunn, by and through her attorneys, Irwin &^~ McKnight, P.C., and files this Petition for Economic Relief against the Plaintiff, Bryan T. Dunn, representing as follows: 1. The Petitioner is Kelly J. Dunn who is the Defendant in a divorce action filed at in the instant matter in Cumberland County, Pennsylvania. 2. The Respondent is Bryan T. Dunn who is the Plaintiff this divorce action. 3. Respondent in this matter filed a Complaint under Section 3301(c) and 3301(d) of the Divorce Code on or about Apri129, 2010. 4. No judge has yet been assigned to this divorce matter, although the Honorable Kevin A. Hess is currently assigned to the custody action between the parties docketed at No. 2008-2929. COUNT I -EQUITABLE DISTRIBUTION 5. Petitioner and Respondent have acquired property, both real and personal, during their marriage on or about July 15, 1995. 6. The parties may also have owned, prior to their marriage, property which has increased in value during the marriage and/or property which has been exchanged for other ~ IIg.So PQ A~7'h/ ~~ C >f !0713 ,~ P~ ~#d~q 140 property, which as increased in value during the marriage, all of which property is also marital property 7. Petitioner requests that the marital property of the parties be equitably divided prior to the entry of a divorce decree in this matter. WHEREFORE, the Petitioner, Kelly J. Dunn, requests the relief set forth above. COUNT II -ALIMONY 8. Petitioner is without sufficient property and otherwise unable to financially support herself through appropriate, full-time employment. 9. Petitioner requires reasonable support to adequately maintain herself. 10. Respondent is presently employed and receiving a substantial income and benefits and is able to pay for alimony for the Petitioner. WHEREFORE, the Petitioner, Kelly J. Dunn, requests that this Honorable Court enter an order providing for the payment of an appropriate alimony award. COUNT III -COUNSEL FEE AND COSTS 11. Petitioner is unable to provide for, or afford her counsel fees, expenses, and costs during the pendency of this divorce action, and through its resolution. 12. As a result of the actions by Respondent and his attorney in the prosecution of this legal action and associated custody and support actions, Petitioner has already incurred significant legal fees and costs, and Petitioner is unable to sustain herself during the course of this litigation. 2 13. Respondent is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs for the Petitioner. WHEREFORE, Petitioner requests that this Honorable Court enter an order requiring Respondent to pay a reasonable sum for interim counsel fees and, at the conclusion of this matter, final counsel fees, costs, and expenses. Respectfully submitted, IRWIN & McKNIGHT, P.C. Dated: October 5, 2010 Dou s G. filler, Esquire Supreme Court LD. 8377b 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Defendant/Petitioner 3 VERIFICATION The foregoing document on behalf of the Defendant is based upon information which has been gathered by counsel for the Defendant in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Defendant's verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Defendant according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. y Douglas .Miller, squire Date: October 5, 2010 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: NATHAN WOLF, ESQUIRE WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 Date: October 5, 2010 IRW1N & McKNIGHT, P.C. Douglas G filler, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 BRYAN T. UNN, Plaint iff/Respondent vs. ~, I. KELLY J. I~ , Defe' dant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-2881 CIVIL IN DIVORCE IN RE: PETITION FOR ECONOMIC RELIEF ORDER ANI~INOW, this ~ `~ ~ day of October, 2010, the matters raised in the s request for economic relief are referred to the Divorce Master without prejudice to the petitioner to file a claim for alimony pendente lite in the Domestic Relations Office andlo~ to file a petition for interim counsel fees setting forth, with specificity, the economic circumstances of the parties. BY THE COURT, Nathan Wol',' Esquire For the Plairiiff /las Mil ~er, Esquire For the Defel~dant /obert El~Cker, II, Esquire Divorce Ma~~er :rlm i 6 ES 1. ~~ ~~~(~ !~ II Kevin ess, J. ~ a ~ ~~ ° f yr ~ fem.- ~,,~ x,' ~} 4 v a -"'~ Q zo ~ o~ 3~' _ m ' ~ N = --C ,_„ ~ b,)� ol��,r�N vs Case No. �/JrJ Well MMa r Statement of Intention to Proceed )> ,© o o To the Court: Z o �C' 3>C—_ intends to proceed with the above captioned Vatteen Print Name AA 7&1n_1 Sign Nam Date: gh A043 Attorney for 01 7`f 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.