Loading...
HomeMy WebLinkAbout10-2936 Tf, 2050 KAY -3 Phi 2: 02 McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantora-mwn.com Attorneys for Plaintiff MONA P. PASSMORE, Plaintiff V. LARRY K. PASSMORE, JR., Defendant COPY F EtU whereofsaid Co: ;aday 20 _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. l Q ,.-9 3 ?o cy CIVIL ACTION - LAW 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 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 at the Cumberland County Courthouse, Carlisle, PA. 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. vo ? ?7 1r, 5 towx y 7 d .'ne.,4cc UGC /90 37! 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 McNEES WALLACE & NURICK LLC By I ) a ntor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor(,5-mwn.com Attorneys for Plaintiff, Mona P. Passmore Dated: / l 3 , 2010 d McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor .,mwn.com Attorneys for Plaintiff MONA P. PASSMORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. /a -93 6 c N,V LARRY K. PASSMORE, JR., CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT AND NOW comes Plaintiff, Mona P. Passmore, by and through her counsel, McNees Wallace & Nurick LLC, and files the following Complaint in Divorce. COUNTI Divorce Under 3301(c) or 3301(d) of the Divorce Code 1. Plaintiff is Mona P. Passmore, who currently resides at 616 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Larry K. Passmore, Jr., who currently resides at 616 W. Main Street, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 17, 1995 in Clearfield, Pennsylvania. 5. Plaintiff and Defendant are the parents of one minor child, Mayah A. Passmore, born May 8, 2003. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. 9. After 90 days have elapsed from the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 10. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two years from the date of separation. WHEREFORE, Plaintiff, Mona P. Passmore, respectfully requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. 2 COUNT II Indignities Under 3301(a)(6) of the Divorce Code 11. Plaintiff incorporates by reference paragraphs I through 10 of this Complaint. 12. Defendant has offered such indignities to Plaintiff (who is the innocent and injured spouse) as to render Plaintiffs condition intolerable and life burdensome and to create an unsafe environment for the parties' minor child. 13. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(a)(6) of the Divorce Code. COUNT III Equitable Distribution 14. Plaintiff incorporates by reference paragraphs I through 13 of this Complaint. 15. Plaintiff and Defendant possess various items of personal marital property, as well as marital debts, which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff, Mona P. Passmore, requests your Honorable Court to equitably distribute all property, both real and personal, owned by the parties, as well as all marital debts. COUNT IV Alimony 16. Plaintiff incorporates by reference paragraphs I through 15 of this Complaint. 17. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to fully support herself through appropriate employment. 3 18. Plaintiff requests the Court to determine and to allow her alimony pursuant to Section 3701 of the Divorce Code. WHEREFORE, Plaintiff requests the Court to enter an Order providing alimony for Plaintiff. COUNT V Alimonv Pendente Lite Support, Counsel Fees And Expenses 19. Plaintiff incorporates by reference paragraphs I through 18 of this Complaint. 20. Plaintiff lacks sufficient funds to support herself and to meet the costs and expenses of this divorce action, including the necessary attorneys' fees, and is unable to appropriately maintain herself during this action. 21. Plaintiff requests the Court to award her the payment of counsel fees, and costs and expenses incurred by her in this action, such costs to be paid by Defendant. 22. Defendant has adequate earnings to provide for Plaintiffs support and maintenance and Plaintiff requests the Court to award her payment of alimony pendente lite. 4 WHEREFORE, Plaintiff requests the Court to award alimony pendente lite, support, counsel fees, costs and expenses to Plaintiff. Dated: I ?> , 2010 McNEES WALLACE & NURICK LLC By D a D. QjaEr Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (phone) (717) 260-1667 (fax) dcantor(aD-mwn.com Attorneys for Plaintiff, Mona P. Passmore 5 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. 16M-O--p A4m.-?? Mona P. Passmore Dated: 5' '2010 ~I;..~D-c,p a ~f,~ ?Of0 -~dY (3 P 3~ 0 MONA P. PASSMORE, Plaintiff IN THE COURT OF' ~~~Y CUMBERLAND COUNT ANIA v LARRY K. PASSMORE, JR., Defendant N O. 10-2936 CIVIL ACTION -LAW IN DIVORCE PROOF OF SERVICE I, J~SU'^ ~ "~~~ ,declare under penalty of perjury under the laws of the United States of America that on May tt 2010, I served the Divorce Complaint in the above-captioned case by hand delivering a copy of the Complaint upon Larry K. Passmore, Jr., at the Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania, 17015. I declare that the foregoing information contained in this Proof of Service is true and correct. Dated: May 1 Z , 2010 ~' ` ~~ Sworn ands scribed before me this day of 2010 .V~ N ry Public COMMONWF~4LTH OF PENNSYLVANIA Notarial Seal Jeanne M. Barnhart, Notary Public City of Harrisbury, Dauphin County My Commission Expires June 7, 20 MONA P. PASSMORE, Plaintiff v LARRY K. PASSMORE, JR., Defendant IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLVANIA N O. 10-2936 CIVIL ACTION -LAW IN DIVORCE PROOF OF SERVICE I, ~~s~'"` b" ~f~ ,declare under penalty of perjury under the laws of the United States of America that on May tL 2010, I served the Divorce Complaint in the above-captioned case by hand delivering a copy of the Complaint upon Larry K. Passmore, Jr., at the Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania, 17015. I declare that the foregoing information contained in this Proof of Service is true and correct. Dated: May t L , 2010 ~' L Sworn ands scribed before me this day of 2010 .~ N ry Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanne M. Barnhart, Notary Public City of Hacrisbury, Dauphin County My Commission Expires June 7, 2011 MONA P. PASSMORE, IN THE COURT OF COMMON PLEAS F Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-2936 LARRY K. PASSMORE, JR., :CIVIL ACTION -LAW Defendant IN DIVORCE PROOF OF SERVICE I, ~~`s~'" btc-~/~ ,declare under penalty of perjury under the laws of the United States of America that on May It 2010, I served the Divorce Complaint in the above-captioned case by hand delivering a copy of the Complaint upon Larry K. Passmore, Jr., at the Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania, 17015. I declare that the foregoing information contained in this Proof of Service is true and correct. Dated: May I L , 2010 ~' ~ ~~ Sworn ands scribed before me this day of 2010 .V~ N ry Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanne M. Barnhart, Notary Public City of Harrisburg, Deuphln County My Commission Expires June 7, 2011 .~ MONA P. PASSMORE, Plaintiff v LARRY K. PASSMORE, JR., Defendant J c,suY. b tt~/~ IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLVANIA N O. 10-2936 CIVIL ACTION -LAW IN DIVORCE PROOF OF SERVICE declare under penalty of perjury under the laws of the United States of America that on May It 2010, I served the Divorce Complaint in the above-captioned case by hand delivering a copy of the Complaint upon Larry K. Passmore, Jr., at the Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania, 17015. I declare that the foregoing information contained in this Proof of Service is true and correct. Dated: May 1 L , 2010 ~' t ~~ Sworn ands scribed before me this /~ day of 2010 .~ N ry Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanne M. Barnhart, Notary Public City of Harristwry, Dauphin County My Commissbn Expires June 7, 2011 MONA P. PASSMORE, IN THE COURT OF COMMON PLEAS Plaintiff ~~ ~ ~ „'L'f ~ ~ ~~+~:i: ~; ~ ~ OF CUMBERLAND COUNTY, PENNSYLVANIA ~`'r~ ~ .;:, f4 is ';',~,~~i N0. 2010 - 2936 LARRY K. PASSMORE, Defendant CIVIL ACTION -LAW (DIVORCE) PRAECIPE TO ENTER APPEARANCE ON BEHALF OF THE DEFENDANT LARRY K. PASSMORE TO THE PROTHONOTARY: Please ENTER the appearance of Steven Howell, Esquire as Defendant's counsel of record. Respectfully submitted, BY: Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for the Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Debra D. Cantor, Esquire (Via Fax) McNees, Wallace & Nurick LLC P.O. Box 1166 Harrisburg, PA 17108-1166 BY Date: July 14, 2010 . ,,. • e u• ; 'LAINTIFF vs Case No. 2010-2936 LARRY PASSMORE, DEFENDANT Statement of Intention to Proceed To the Court: DEFENDANT LARRY PASSMORE intends to proceed with the abov- apt': ed matter.; q� Print Name STEVEN HOWELL, ESQU ' -" `` n Name �1 C Date: OCTOBER 2 8, 2 01 3 Attorney fo DEFENDANT C1 -- 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.