HomeMy WebLinkAbout01-2181J
• 1
Linda M. Echard_
SS#202.42 5107 ~ ~N THE COU
Plaintiff CUMBERLAND COON MMON p~
. N, PENNSYLVgNIq V.
NO• / - ~ David E. Smith, `t c~ ~
SS#168-36-3024 CIVIL ACTION - ~,qW
Defendant ~N ~~VORCE
You have set forth in the fob N,I~g pa ~n
Court. If you wish to that if you fail to Hers, you must take defend against the claims
Divorce or annulment S~' the case ma p~OmAt action. You
also maY be entered y pr~~ed without you and are warned
be entered a against o a Decree in Papers b 9ainst you for y u by the Court.
Y the Plaintiff. You many other claim or relief re q ~Udgment may ~mAortant to you, including custod y dose quested in these
money o~ proPert
y or visitation of y other rights
When the Your children. of the Around for the divorce is indi
marriage, yoU ma gnities or irretrievable br counselors is available in the uest marria e
Count Office o f g counseling, q list o f eakdown
Y Courthouse, Carlisle, Pennsylvaniathe Prothonota marriage
?Y at the Cumberland
PROPER YOU DO NOT FILE A C
ANNULM NT S G ER'S FEES pR APE FAR ALIMONY THEM. RANTEp, Y0U NSES BEFORE DIVISION OF
MAY LOSE THE RIGHT Tp C~~MRCE OR
ANY OF YOU YOU SHOULD TAKE THIS pgpE
TELEPHONE TH AVE q Lq R TO ypUR LAWYER
E OFFICE S~ FORT CANNOT Ar ONCE. IF CAN GET LEGq~ HELP, AFFORD ONE
H BELOW TO FINp pUT WH RE ~R
YOU
CUMgERLgND COUNTY
2 LIBERN BAR ASSOCIATION
CARLISLE, gVEN~ 3
(717) 49-3166
James .Miller, ESq~~re
Atto y for Plaintiff
r~
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Linda M. Echard-S ' myth, IN THE
SS#20 COURT OF COMM 2-42-5101 ; ON PLEgS
• CUMBERLAND C Plaintiff OUNTY, PENNSY ' LVANIA
v '
N0. ar
avid E. Smith,
' CIVIL ACTION - L ' AW SS#168-36-3024 .
D ~ IN DIVORCE efendant .
C MPLAINT IN DI V RCE
1 ~ Plaintiff is Li Kine nda M. Echard-Smit r Boulevard, Carli h, who current) re
sle, Cumberland Co Y sides at 1367 unty, Pennsylvania 17
013.
2~ Defendant is Bo David E. Smith wh ulevard, Carlisle Cu o presently resides
mberland Count P at 1367 Kiner Y, ennsylvan~a,17013.
3~ Plaintiff has le been a bona fide re ast six months imme ' sident ~n the Commo
diately previous to t nwealth for at he filing of this Co
mpla~nt. 4. Plaintiff and
C Defendant were m timberland Count Pe arried on Februa 1
Y~ nnsylvan~a. rY 4, 1998, ~n
5. There have
be been no prior ac tween the parties. bons for divorce o
r annulment
6. The Plaintiff i s a citizen of the United S
tates of America.
7~ The Defend Unite ant is not a member
d States of America. of the Armed Servi ces of the
8. The Plaintiff th has been advised o at the Pla~nt~ff ma f the ava~lab~lit of
y have the right to re Y counseling and to participate in cou quest that the Court re
nseling. quire the parties
,
I
r
RE C TFRAN-F A T I RC
F N CT
THE DIV RC 3301 c E C DE
10~ The rior
refer p paragraphs of ence as thou this Complaint gh set forth in f are ~ncor ors .
ull. p ted herein b Y
11 ~ The marr' cage of the parties is '
irretrievably broken
C NTI E ITgg E
I TRI TI N F pR p RTY
12~ The rio
refer p r paragraphs of ence thereto. this Complaint are incorporated he '
rein by
13. The a .
cons ~ p roes have ac titute marital ro quired Certain r p pertY. p ope~Y and asse
is which
14. In the ev
pro a ent the parties are p rty by way of a unable to res
e ui n agreement t olve distribution q tably d~v~de d~ ~ ~ hen this Hono of marital istribute or asse cable Coin is
propo~ion as the gn marital pro ert authorized to Court deems ~ p Y between the
Just after consider parties in such
W anon of all relev HEREFpRE P ant factors. laintiff re nest
q s this Honorab a le Court to:
enter a d ecree dissolvin the
g marriage betty Defendant een Plaintiff and
b) e ~ b quits ly distributin
g all marital ro 350 p pe~Y pursuant t
2 of the D~vorc o section e Code.
Respectful) s Y ubmitted,
d
dames A, filler Esquire
2010 M et S treet
Ca ill, Pq 17011
17) 737-6400
H 105.157 REV.B$0 COMMON1h'EgLTH OF PENNSYLygNtA
DEPARTMENT OF HEALTH
VITAL RECORDS
RECORD OF STATE FILE NUMBER
COUNTY DIVORCE
OR ANNULMENT STATE FILE DAT
C~' (CHECK 0 E NE)
i• NAME Nl1SBaND (first! (Middle! tLasrJ
DATE Month) 2. RESIDENCE ~ J~ / OF ~r
Street or R.D. City, Boro. or Twp. !1 / County tale 61 RT H
_ f 7~~ 4. PLACE ale or 5 N ~~.Y j~ ~j~~ l ! I ~ ore,gn untry UMBER ~ L .s f,~ ~/J~ ^ O F
GF TH;S . J 6. RACE ' VI'HITE BIATH MARRIAGE ~'1 BL~CK OTHER (Specify; 7• USUAL OCCUPATION
o a s~.~
s 8• MAIDEN NAME WIFE
~ ~ (First J (Middle) ~ ~}jq-/2) ~ (l.astl i '7~ 9. DATE (Month!
0• RESIDENCE ~ ~~t/f OF (Day) (Year) •reet or R.D. ~ ~ City 8oro, Or Twp. County BIRTH / / /
/ ~i7 Ii~~~ ~ State 11• PLACE
i?• .v `L I~f. ,p ~ ~3 lState or ores n Cou NUMBER '/rTi~JL~ v~y OF 9 ntryJ 13. RAC , OF THIS ~ WH TE BLACK BIATH
MARRIAGE ~ OTHER (Specify} 1a• OCCUPATION f " i5. PLACE OF ?
OF THIS (County) S~'f l' n Q~ f (State or fore; CounrryJ MARRIAGE ~""'1~/~-I/j'J'_~ 15• DATE OF
17A. NUMBER OF CHIL• ~ (Month) (Day) (Year) 176• NUMBER OF THIS
DREN THIS DEPENDENT CHIL 18• PLAINTIFF MARRIAGE ~ ,ry OREN UNDER 18 HUSBAND MARRIAGE ~ WIF OTHER (Specify) •
20. NUMBER OF ~ a HUSBAND WIFE OTHER (Specify) HUSBAND WIFE SPLIT CUSTODY CHILDRENTp a OTHER fSpetifyl ?1. LEGAL GROUNDS FOR ~ ?
CUSTODY pF D DIVORCE 0 ~ R ANNULMENT
DATE OF DECK ? EE (Month! ~ (Da yl (Year! . 23. GATE REPORT SENT
TO VITAL RECORDS (Month) ( y ?4• SIGNATURE OF Yaar
TRANSCRIBING CLERK
. _ Husband's social SeCU rl ty number : ~
wife's social
security number: Q ~ ~j ~ ~ a
l iy
I verify that the statements made in the
correct. I understand that false statements he einached are true and
to the penalties of 18 Pa. C.S. Section 4904 are made subject
falsification to authorities. relating to unsworn
Date: f 9 ~
rn~ ~
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Li nda M B-Q a -Smith
vs Case No. 01-2181 Civil
Statement of Intention to Proceed
To the Court:
r i nrla M _ Frharr3_Smi th intends to proceed w' e above captioned matter.
PrintName nmac A- Millar Sign
Date: 0-91191 20 0 5 / Attorney for
The Supreme Court of Pennsylvania has promulgaew 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 ofavil 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 termnation 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 "tire 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 Rulc230(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 show in 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.
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H?:rv..pavtlaw.rom
Linda M. Echard-Smith
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
V.
David E Smith,
Defendant
No: 01-2181
Civil Action - Law
In Divorce
CERTIFICATE OF SERVICE
I, James A. Miller, Esquire, hereby certify that I have served a copy of the
Statement of Intention to Proceed upon the following person(s) by United States
First Class Mail on the date indicated below:
DATE: L1-)C)-06
Kent Patterson, Esquire
Attorney At Law
221 Pine Street
Harrisburg, Pennsylvania 17101
James . Miller, squ
2157 arket Str et
C Hill, PA 17011
(71 ) 737-640
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Linda M Echard Smith
Plaintiff
v : NO: 01-2181 Civil Action
David E Smith IN DIVORCE
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/ defendant in the above matter,
[select one by marking "x")
X prior to the entry of a Final Decree in Divorce,
or after the entry of a Final Decree in Divorce dated
hereby elects to resume the prior surname of Linda M Echard , and gives this
written notice avowing his / her intention pursuant to the ovisions of 54 P.S. 704.
Date: -August 15 2007
Signature
d"?rn'&-it4
Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF -Cumberland
On the _15th day of August 2007 before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
Public
lAM A. MI ry Publtc
Camp NIB Boro, Cumberland County
My Cim mialm Expires Aprd 30,
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