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Home My WebLink About01-3132 - Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION.. LAW ~ NO. 01- .]13~ elO~ l ~~ : IN DIVORCE MAXINE D. PIPAN, Plaintiff v. CYRIL F. PIPAN, 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 aelion. You are warned that if you fail to do so, the case may proceed without you and a dea8e 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 Court House, 1 Courthouse Square, Carlisle, PA 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. DATED: t::)/dll OL Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717..24~166 or 1-800-990-9108 ~.D~.(..#fj/~ --' 'Sandra L. Meilton Attorney for Plaintiff Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. OJ- .3/.U CPJ -r~ MAXINE D. PIPAN, v. CYRIL F. PIPAN, Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301Cc} OF THE DIVORCE CODE 1. Plaintiff is Maxine D. Pipan, an adult individual who is sui juris and resides at 416 A1lendale Way, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Cyril F. Pipan, an adult individual who is sui juris and resides at 416 A1lendale Way, Camp Hill, Cumberland County, Pennsylvania. The present whereabouts of the Defendant, Cyril F. Pipan, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 24, 1988, in Hagerstown, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff avers that the ground on which the aelion is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may detennine equitable and just. TUCKER ARENSBERG & SWARTZ By: ~P./~tA~;( -9t1 ~ ....Sandra L. Meilton I P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attomey for Plaintiff 39919.1 VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. 1 /~ (A!_. Maxine Pipan, Plaintiff Dated: . ,,---_.. H".II' IlWV ... CQIAIONIIVDIJH OF PENNm,'IUIIA arJI'.RTIBfI' ar HEAIJM . VITAL_ Cumberland RECORD OF DIVORCE OR ANNULMENT :g (OHECK ONE) 0 I~~- ~~om; ., \ COUNTY HUSBAND I. NAME /fhQ _ r~r;l Francis 3. SIDENCE ....<< R.D. CIl)f. 8Grfv. . 'lip. CocMIfy 416 Allendale Way Camp Hill, Cumberland, I. NUMBER I. RACE OF 1118 WHITE .......IAGE 1 ~ IIlACIC o 416 Allenda1e .2. NUMBER OF 1118 _E Wa , Camp I.I1.\CE tJ IIlACIC o cmtER~ o /lMlI .. ~ - - " Pipan BIRtH 12 31 63 ..... .. PUCE _or......,.,.""" Of,. Pennsylvania PA B"'tH 7. USUAL OCCUMnON Pharmacist /lMlI B. om; - /01" " Pi OF 05 20 59 IIIRlH ..... ... PUCE ,.... or....-.." PA OF New Jersey IIIRlH ,.. USUAL OCCUPATION I. MAIDEN NAME /fhQ ll1HER~ o WIFE - Danna CIl<..... or.... CIlunO' Hill, Cumberland, Chocha '0. RESIDENCE Maxine ..., <<R.D. 1 ... IlI\l'E OF DEaIEE _ /DII'/ f"'"'I armacist I.. IlI\l'EOF _ 1HIll -- 09 II. IlECAEE ClIWltallO HUSIAND WFE o ~ _ f}e, 24 88 ,.. PUCE OF _ ntlS - '7A. NUMBER OF CHILDAEN THIS IA.\.BJU,tGE 2 _ or.... CoonorI land PlAINl1FF HU8llAND WFE o Ef WIFE 8PUT CUSltlOV OlHER(SpocIIyl ~ 0 0lHE"~ o 20. NUIlllEROF CHIUlREN 10 CUSlODV OF HU81WlD o - roken. ,. 24. SIONATUIE OF 'IllANSCOIBING CLERK - .....,.......... -- -- (.) ~~ ~ tv :{) ~ ~lf' --- ~ ~ ~ ~~ C9 8 6 , I r~ ~T '-l..... ........ .- . (') C~ ("l ~:.; - '; ." - .,.: r : , ". ~~~~ , --,~ ~ , , I ;.f' ." r-,., r ". ". " , , ~~ ....~.J -. ~m "_'1 .' -. ( ~! I -<" . MAXINE D. PIPAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2001-3132 CYRILF. PIPAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S ANSWER TO PETITION FOR IMMEDIATE RELIEF AND NOW, thi~day of April, 2003, comes the Defendant, Cyril F. Pipan, by and through his attorneys Susan M. Kadel. Esquire, of James, Smith, Dietterick & Connelly, and responds as follows to the Petition for Immediate Relief: I. Admitted. 2. Admitted. By way of further answer, medical coverage for the parties and their two children continues to be maintained through Defendant's employer, Giant Foods. 3. Denied. After reasonable investigation, Defendant is unable to ascertain the truth of the avennent set forth in paragraph 3 and proof thereof is demanded. 4. Denied. After reasonable investigation, Defendant is unable to ascertain the truth of the avennent set forth in paragraph 4 and proof thereof is demanded. By way of further answer, medical coverage was provided by Defendant in January of2003 through the Defendant's employer, Giant Foods. 5. Denied. After reasonable investigation, Defendant is unable to ascertain the truth of the avennent set forth in paragraph 5 and proof thereof is demanded. ~ 6. Denied. After reasonable investigation, Defendant is unable to ascertain the truth of the averment set forth in paragraph 6 and proof thereof is demanded. By way of further answer, Defendant has no idea who at Giant Foods would have advised her that she was not enrolled for medical coverage. In fact, the open enrollment period was in November of2002 at which time the Defendant again applied for family coverage which included both children and the Plaintiff. 7. Admitted. 8. Admitted. By way of further answer, as Defendant never dropped Plaintiff from his medical insurance coverage there would have been no such notice given. 9. Denied. After reasonable investigation, Defendant is unable to ascertain the truth of the averment set forth in paragraph 9 and proof thereof is demanded. 10. Admitted in part, denied in part. Defendant does have a 401(k) with Rite Aid Corporation which was acquired during the parties' marriage. Defendant also has a small TIAA-CREF retirement account which was funded solely prior to the parties' marriage. 11. Denied. Defendant has never advised Plaintiff that he has made two withdrawals from his retirement plans in the amount of $10,000.00 each. In fact, Defendant has made no withdrawals from his retirement plans since the parties' separation. He previously advised the Defendant that he had taken a $10,000.00 personal loan from his Credit Union in oIder to pay personal bills. 12. Denied. Defendant has not taken any funds from his 401(k) since the time of separation. Further, as the 401 (k) is an ERISA based plan, a written spousal consent is necessary in order for him to withdraw those funds. . 13. Admitted in part, denied in part. It is admitted that the Rite Aid 401 (Ie) is marital property subject to equitable distribution and only the increase in value of the TIAA-CREF, if any, during the parties' marriage is subject to equitable distribution as it was acquired prior to marriage. 14. Admitted. WHEREFORE, Defendant, Cyril F. Pipan, requests this Honorable Court to deny Plaintiffs Petition for hnmediate Relief. Respectfully Submitted, Date: ~J .21 ':<"tJ3 - .P6~- ~~iEel, Esquire Attorney for Defendant, Cyril F. Pipan James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 Attorney I.D. No. 44837 ." .. VERIFICATION I, Cyril F. Pipan, verifY that the statements made in the foregoing Pleading 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. Date: 'I It /1/3 &f>~ Cyril F. Pipan .' ,. MAXINE D. PIPAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2001-3132 CYRIL F. PIPAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel. Esquire, of James, Smith, Dietterick & Connelly, attorney for the Defendant, Cyril F. Pipan. hereby certify that I have served a copy of Defendant's Answer to Petition for Immediate Relief on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS. PRE-PAID Sandra 1. MeiIton, Esquire Tucker, Arensberg & Swartz III North Front Street Harrisburg, P A 1710 I JAMES, SMITH, DIETIERICK & CONNELLY DATE: +.:t ~ dlc>>,J ~ By: .?---' -'.~ Susan M. Kadel, Esquire Attorney for Defendant Post Office Box 650 Hershey.PA 17033 (717) 533-3280 PA J.D. No. 44837 ~ ". ~) , C'. t. ; ,., , .. 1"';1 .- J ;; ~. (c, r..: '. .-.:~ ., )~ r 'i 00- C. " :.~ :..J .' r~; .' -'. ....~ . ~ .,~ ::2 tn '< Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA : CIVIL ACTION - LAW " ) : NO. 01-3132 Mii Z 8 ZOO3 : IN DIVORCE MAXINE D. PIPAN, Plaintiff v. CYRIL F. PIPAN, RULE AND NOW, this -.uk::- day of VI- -i.w1 , 2003, in consideration of the Petition for Immediate Relief filed by Plaintiff, a Rule is issued on Defendant as to why Plaintiff's Petition should not be granted. RULE returnable ~ days after service on Defendant and/or his counsel. .// BY THE COURT,ii." . ,/., 1./ ._."Ir'l ( J. ~1 ~! ~t 'P~;p .... . I e 'vlNV;\l},SNN3d II"~~.- ~'" ."ll-'~""n'" N..1\:11'_' : ~ no. f , ~!:{~l oJ S I :[)\ In !.. dJ r.r) ^,d.f~_. .1.......- ".:i. =.::) :i~):.\:; :, ,', . . . v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-3132 MAXINE D. PIPAN, Plaintiff CYRIL F. PIPAN, Defendant : IN DIVORCE PETITION FOR IMMEDIATE RELIEF AND NOW comes Maxine D. Pipan, Plaintiff, through her attorneys, Sandra L. Meilton, Esquire, of Tucker Arensberg & Swartz, and hereby petitions this Honorable Court as follows: 1. The parties are husband and wife and currently engaged in the divorce action docketed to the above term and number. 2. Until December 31, 2002, medical coverage for the parties and their two minor children was carried through Defendant's employer, Giant Foods. 3. Plaintiff works part-time as a pharmacist for CVS and has no other health insurance other than through Defendanfs employer. 4. Plaintiff recently received a billing for medical services provided to her in January, 2003, that should have been covered by health insurance. 5. Plaintiff is also currently being treated for dental work. (See attached statement for services rendered on March 26, 2003 in the amount of $675.00.) 6. Plaintiff was advised that Giant Foods had an open enrollment period for medical coverage commencing January 1, 2003 and when Defendant enrolled for said medical coverage, he did not include Plaintiff as an insured individual under his request for family coverage. 7. It is Plaintiffs belief that medical coverage for the parties' two children is still continuing. 8. Neither Plaintiff nor her counsel were notified by Defendant or his counsel that Defendant dropped Plaintiff from his medical insurance coverage. 9. Because Plaintiff only works on a part-time basis, she does not have the financial means to pay for health insurance. 10. During the marriage, Defendant had a 401 (k) as a result of employment with Rite Aid Corporation and also has a TIAA-CREF. 11. Defendant advised Plaintiff that he has made two withdrawals from his retirement plans in the $10,000 (each time). 12. Plaintiff is concemed that Defendant will continue to withdraw funds until there is nothing remaining. 13. Defendanfs retirement plans are marital assets subject to equitable distribution. 14. On February 18, 2003, Plaintiffs counsel wrote to Defendant's counsel addressing the issue of the withdrawals and, to date, no written response has been received. WHEREFORE, Plaintiff requests this Honorable Court to: (a) Order Defendant to immediately take the steps necessary to have Plaintiff included as an insured in the family health insurance coverage through Giant Foods, effective January 1, 2003; (b) Order Defendant to provide written verification of said health insurance coverage for Plaintiff and the children effective January 1, 2003; (c) Order Defendant to reimburse Plaintiff for or be responsible for any medical and dental related expenses incurred by Plaintiff due to Defendanfs actions; (d) Order Defendant to cease making any withdrawals from any retirement plan, including, but not limited to, his 401(k) and TIAA CREF account; (e) Direct Defendant to provide written verification documenting the value of all of his retirement plans as of the date of separation and current value, and documenting any and all withdrawals made to any said plan since the date of separation; (f) Award Plaintiff counsel fees in the amount of $1,000.00 to be paid by Defendant connection with the filing and hearing of this Petition; and (g) Any further relief which the Court deems appropriate. Respectfully submitted, <i~AhL ~t1:~ Sandra L. Meilton, I.D. 32551 TUCKER ARENSBERG & SWARTZ 111 N. Front Street, P.O. Box 889 Harrisburg, PA 17108 ATTORNEYS FOR PLAINTIFF VERIFICATION I, Maxine D. Pipan, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge. infonnation and belief. I understand that any false statements herein are made subject to the penalties of 1 B Pa.C.S. Section 4904 relating to unsworn falsification to authorities. /.../1, t:~ Maxme D. Pipan DATED: -=:1 --;;..h -& '3 f~; :::;.::;::~:;;;~'~;;~.:.~;;:\:::;;~;;~:;::: :~:..\~\: ;:~~::i::;:;':~:.!:::l;';~~'~!~:!~ t: .::~::::!::~~l~~~:;:;~:~ ;I:.~::; :'.;.:;;I'.!i.! '::;:1';. :.:.:t.l~~;i~~~~~DERE8~ ~~;:::::. : !..~: :':.::~::. !~.. ~.::~;::~;;;;;~l;;~::,:::i; i ~:;::~:;;:~;; :\:;.;; John W. Maynard. Jr. D.D.S. 1902 Market Street Camp Hill, PA 17011 (717)761-0283 ';~:BiQ~11A'!!i? .. 03/26/2003 ~>."";l :::jp~~,!~, . Cyril Pipan 1124 Columbus Ave Lemoyne, PA 17043 Maxine Maxine 30 30 MOL Intraoral-periapical-1st film Onlay-porcellceram-3 surface 20.00 655.00 Cyril Maxine Audrey Alexandra Tue. - Apr. 22, Wed. - May. 28, Wed. - May. 28, Tue. - Aug. 19, PeriodicX, FMX, ProphyAd SPT FluoridCh, Sealant, Sealanl#3, Sealan1#14, Sealan1#19, PeriodicX,4BWX,ProphyAd OOENTRIX 1987-2002 DLYAJ<' . . CERTIFICATE OF SERVICE .~ flII' AND NOW, this ~f day of r f /qrf t ~ , 2003, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by first class mail, postage prepaid, addressed as follows: Susan Kadel, Esquire P.O. Box 650 Hershey, PA 17033 ~~ 11, L Gloria M. Rine 578n.l (') c. 0 f; l_> ""':-, ._,,'" "tli" ~ "1.;"; . " :::::":. VI N -. c:. eC. .,.., ':? ~. .....,; $.r.... ::: : , :' ~'- ~ j' ;, ~~. <~ ...;- :.n ~'" -<' r" -< MAXINE D. PIPAN. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION - LAW v. CYRIL F. PIPAN. : NO. 01-3132 Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF DAUPHIN ) AND NOW, this 4th day of April. 2003. personally appeared before me. a Notary Public in and for the aforesaid Commonwealth and County. Gloria M. Rine. paralegal to Sandra L. Meilton. who being duly sworn according to law, deposes and says that on April 2, 2003, she mailed a certified copy of a Petition for Immediate Relief with attached Rule. by certified mail no. 7099 3400 0016 3623 6252. retum receipt requested. to Susan M. Kadel, Esquire. P.O. Box 650. Hershey, PA 17033, counsel for Defendant, and the same was received on April 3, 2003. as indicated by the return receipt card which is attached hereto. /Ii rJ?L Gloria M. Rine Sworn to and subscribed before me this 3rd day of April, 2003. '~~~6 ry Public (SEAL) NcI8riaI S8lII PIIU PIIIIIllDnss, NoIIIIy PlCI.. CilyOl~~Ccltn1. Myeo......., ~MIr.24, ill"" MImIiiir.f\.. .~~ . lI1IC1,.,~.i;'. . Complete Item. 1, 2, and 3. AIeo CClITIpIeI., ~ern 4 W Reeb1G1lId DeIIvwy is desired. . Print your name end eddrese on the reverse so that we can ratum the card to you. . Allach this card to the back or the meilpiece, or on the front n space permits. 1. Article AddIllll80d \0: ~ Agsnt C Add_ I? C Yes CNo SUSAN KADEL, ESQUIRE P.O. BOX 650 HERSHEY PA 17033 3. Servico Typo llCI:Cer1ifiad Mol' C Ex_ Moil C Ragi_ C Retum Raceipt for Merchandise [J Insured Mail [J C.O.D. 4. RestrIcted Delivery? (&rte Foe) C Yes 2. ArtiCI~~"~<flr'B7f.rM623 6252 PS Fonn 3811. July 111119 DomeotIc FIetum R_pt 102595..gg.u.1789 ru U'I ru ..J:I US Postal Service CERTIFIED MAIL RECEIPT (DumpS/Ie Mail Only No Insurance Cover3gc Provided) I I PosTage S Certified Fee PQslmark Rlltum Receipt Fee "". lEndol'!lsment ReqUlr<<ll Reetricted Debvel) Fee (Endorsement Requlredi Tot.. Poebtge a Fees $ </_").- c 3 ,.., ru ..J:I ,.., ..J:I ..... c c c C =r ,.., "~:Y'?;,:-::Y,!;';.t.'i!..~";~~.~'_~i~:J u .uunuuu. ~ _~=:~~:n~~ne/:p~~6_?.~uuuu.____u__u___ ____u_.mumm r- a'lJ<s....,z <..zs /1033 MAXINE D. PIPAN, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO.01-3132 CYRll.. F. PIPAN, Defendant :CIVIL ACTION - LAW :IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire and Beckley & Madden, of Counsel, on behalf of the Defendant, Cyril F. Pipan, in the above-captioned matter. DATED: (1) -'-j-ol lt~ Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 CERTIFICATE OF SERVICE Y, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was this day served upon the persons and in the manner indicated below. FIRST CLASS MAIL Sandra L. Meilton, Esquire Tucker Arensberg & Swartz III North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108-0889 DATED: (i; 14/;1 ~~ Eliza th S. Beckley :I: > ill ill to oc III M ,.. " ii ~ >~ ;. ~ " >l il': z 'l ~ . ~ t" . 0 . . . ~ M z .. . . z .. . . ~ ~ >; >l . ., .. . . -: l1I' -: . ;; .. ., t" c .if > ~ .. " 0 > 'Ii >l Z i . ;; t"'> ~ . . . ~ t:l > .. .... ~ .. t:l " M .... Q Z '" ,:. "' '" '" (") c> , , ~. " t_ '""Orr r.- mli . ~..... .- ... I -" ~ ZC ~z~-. co" ~ r.;t~ ~:: -0 ..- ~(:! .-- '- :;u t:? , .:.;:"; c:- , I -,.. -. ~ ":i., (Xl :., COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN SERVICE OF PROCESS CUll1l11nnwc.llth (,f Pcnl1sylvillllil P"","y1'.O","b1, Michael P. Maugans f'11?>. fV;//'t ,fI!{ P. 7;7/JtI V5. DEFENDANT: NAME ancf ADDRESS r -, f1~, C'l~/l ~ <"? <"7 . II f,f/ I';,!;,,'r 780.S::!.01 17171 :i-l5.~.I.U~ L Docket No.: ~I ~ 31.,g~ Date Filed: en/It. "7i'lA1 ,5-'.J1 1'1 ..J - . Served upon C Y f(/{ f, 7,74Ai Describe Document(s): I. )) v,~a Cf'~t?L/lJ..!/ fiLE> :T.I CfA101'JlE#M) Gudv' tJl-.1lo7.2,../ ,?,COf/?l,IJI"// ~d~ C~/-~7,)'I,,~ /!71A,,1,f{ C/lf/)HAI it tJ/<1YIJ.:J", J; '17/:1"./ /Iii. tM[/L(ff,fcy ffL/F~ II (/i-:J;J,,~ C/~l '7/A")I1 tfi lt1?f'( Ff4J 1'1 SR,fM:'/j J. /I1~/t /.-.../ ,;- {;c/(l( 1l1U'/.r?~J(.t:- J. S 'VIl/l1~ GJ( '1",,11/"'1'1: -P'C'1 MIi,./-rf, lOX C -r~T.E; S'CL.f- (Person Aclually ervad) (Relalionship) (Person 10 be Served) . by handing a copy of on .5/71/'1 I . (Dale) . at 3: 15' c:;:. r .M.. at (Time) r:;;~N'/ !i,)51t/1tiillIJCV , J:Jt /(L,A,/L' J,{ttl/{L .s1l~7/J~t:. (E../aft l11Jc/~. (localion) For Landlord/Tenant complaints: Since none of the above found. served by posting a copy of the complaint conspicuously on the premises on . at .M.. (Dale) (Time) ... at (local ion) Miles Traveled: ~ AOPC 624.95 (Prinl Name and Tille) (") 0 0 ~ "" "005 (- :.:-1 c:: ~rr' :..= ;i~ :..-r; J... 2'1;:: I r!ITt ~ "6 ~c .-:'; ::::CJ .":", ~ -:-"-r; ~c ;''':''i.:o $:3 . - (') ~ ";":m 0 ~ (.1J ~ -< MAXINE D. PIPAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE CYRIL F. PIPAN, Defendant : NO. 01-3132 ORDER AND NOW, this. N day of ~.fLi~ ,2001, it is hereby ORDERED that the Petition for Leave to Withdraw as Defendant's Counsel is GRANTED. Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and the Law Finn of Beckley & Madden are hereby granted leave to withdraw as Defendant's Counsel in this -) matter. ,/ "--. ~~~ , J. . f L op." [}J 9. :J./J-tJl 'flN'~':\Ll..SNt.sd 1. ~ t' I'~l'-"" ,-" ~. .-......."....1"'\ ~\\ 1...'" ... .'- ..--\\. \...} 51 :5 ,"" 'I"V _'" \ I" ."" ~:(" O:l~ i " ., p. ,..::-::j~..' . :..:".1 , ,~. ".! MAXINE D. PIPAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE CYRIL F. PIPAN, Defendant : NO. 01-3132 PETITION FOR LEAVE TO WITHDRA W AS DEFENDANT'S COIlNSEL AND NOW comes Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, Of Counsel, and hereby petitions the Court for leave to withdraw as defendant's counsel, and in support thereof avers as follows: 1. In May, 2001, at the request of the Defendant to Elizabeth S. Beckley, Esquire, Beckley & Madden agreed to represent Defendant in the above-captioned matter. 2. Counsel undertook representation in the above-captioned matter based upon a written Retainer Agreement with Defendant, whereby Defendant would pay outstanding invoices on a monthly basis. 3. In early August, 2001, Elizabeth S. Beckley, Esquire, of Beckley & Madden, Sandra L. Meilton, Esquire, Plaintiff's counsel, and Debra Salem of Inner Works, the parties' family counselor participated in a conference call because Defendant walked out of a family counseling session. 4. Since that conference call, Elizabeth S. Beckley, Esquire, has tried to contact the Defendant numerous times both by telephone and by mail; however, the Defendant has failed and refused to respond to counsel. 5. The parties' are also involved in a custody action for which the conciliation conference date was rescheduled so Elizabeth S. Beckley, Esquire, sent the Defendant notice of the same. The Defendant returned the letter to Ms. Beckley unopened with writing on the envelope. A true and correct copy of the envelope is attached hereto marked as Exhibit A and incorporated. 6. Elizabeth S. Beckley, Esquire, contacted the Custody Conciliator, Melissa Greevy, Esquire, explained the situation and requested that she send notice of the new conciliation date directly to the Defendant. 7. Counsel for the Defendant is unable to communicate with the Defendant and therefore unable to effectively represent him in this matter. 8. Elizabeth S. Beckley, Esquire, contacted Sandra L. Meilton, Esquire, about counsels' desire to withdraw from this action and Ms. Meilton indicated that she did not have any objection. Wherefore, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, Of Counsel, respectfully request leave of Court to withdraw as Defendant's Counsel DATED: Q-/4-o( BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 Respectfully submitted, ~)' . omas A. Beckley --'- Of Counsel ~-. EXHIBIT A - "," :1...-:'_' -:~.;r. :". .' . :..' ~'1 :.,........:.::to:;:."_i. .. ,., . "'. - .. ~ -.~. ~ ~ ('l .c J- c::. ~ - \II t o ";t ::f 0 J t\ t\ 0 ;\ >~ 1 r i:- f ~ CJ, ~ 1 ~t ~ ~ .t:o it ....s... ? I " .~ r r J ~ ~ \\ ). ~ ~ =t.~~~ :> f-.l " ~ ~ ~ J-"t.3j ~ - =- c: ,. ~ i"> IN t. -,,~'tr:"}'t> .p- o r - ~ ~ ~! ~'> fV\~ ~ 1. .J d 00 -B ., ,.~~ 1 I i = t:D 13 E 18 ~ ~ f ~ !lif · ~nl~~ :: ~ ,. t:l .. l'l ! !oil i .. ,- I . , I t I I I CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was this day served upon the persons and in the manner indicated below. FIRST CLASS MAIL Sandra L. Meilton, Esquire Tucker Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108-0889 Cyril F. Pipan 1124 Columbus Avenue Lemoyne, PA 17043 DATED: Y-Il.f.q ~~ . 0 r:> " C' '"-;1 -,..,-. r....' '.2:' I ~ : , , , , " .. '~I -.. -, l .' u) --I ~:: , .,-" L.. '-0 , \ , ....:: , - Z ( -, ..-. , ~::; (-, - ; =:) ~--.; =:-? .-["";"1 -, .'- .< ::;! => ~~ 1-> ...... MAXINE D. PIPAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE CYRIL F. PIPAN, Defendant : NO. 01-3132 PRAECIPE TO WITHDRA W TO: The Prothonotary Kindly withdraw the appearance of Thomas A. Beckley, Esq., Elizabeth S. Beckley, Esq. and the law firm of Beckley & Madden as counsel for the Defendant, Cyril F. Pipan, in accordance with the the attached Order granting leave to do so. DATED: Q-')'f4 BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, P A 17108 submitted, Of Counsel v. : IN !HE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE MAXINE D. PIPAN, Plaintiff CYRlLF. PIPAN, Defendant : NO. 01-3132 ORDER AND NOW, this -.lfl day o~, 2001, it is hereby ORDERED that the Petition for Leave to Withdraw as Defendant's Counsel is GRANTED. Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and the Law Firm of Beckley & Madden are hereby granted leave to withdraw as Defendant's Counsel in this matter. CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was this day served upon the persons and in the manner indicated below. FIRST CLASS MAIL Sandra L. Meilton, Esquire Tucker Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108-0889 Cyril F. Pipan 1124 Columbus Avenue Lemoyne, PA 17043 DATED: (l-').) --0/ ~~ () ~~~ "'n i..... ;1;':" ?-:1!~ _Or" " '--, ,,., ,-"1 -'J ......) C --' .....: -<: :"1 (.;, .. v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2001-3132 MAXINE D. PIPAN, Plaintiff, CYRIL F. PIPAN, Defendant, : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Susan M. Kadel, Esquire, on behalf of the Defendant, Cyril F. Pipan, in the above-captioned action. Date:4r-1~A~ By: ~ ~~.IL? Susan M. Kadel, Esquire Janles, Smith, Durkin & Connelly LLP Post Office Box 650 Hershey, PA 17033 (717) 533-3280 Attorney l.D. No. 44837 , .. -..... (') c::> (',) C I" 11 -~ en ~ --., ""(In' rr1 :;, ~~J q;!"" " ....:r. ",--.. ze , ':~~ 0).0, w ~ ~"j ~"" ,-- - .' ,.. I -" :::;;,....... ::: ,-):Q z;-~ -;'C-J '? ,,..-rn :;;_J ',J c -i Z ,>,,) .... =<! :x.! MAXINE D. PIPAN vs Case No. 01-3132 CYRIL F. PIPAN Statement of Intention to Proceed To the Court: Maxine D. Pipan intends to proceed with the above captioned matter. Print 1'.J" anle Sandra L. Mei1ton SignNome //~~ Date: IDJ/7/tJ~ I I Attorney for Maxine D. Pipan 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 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 190 I." 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 \~pith prejudice for failure to prosecute." If a party wishes to pursue the I11atter, 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. Ifthe 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. (') ~ ~IT' /'~ .-'. ~j :;-~~f r: r- er:- .....-) .,- ~8 c:: -7 .::< r---.) c::::> = <::r" <::) (""') --4 N o o -n ~:D -Or;; :39 ~(-:-) '"T' ;;:)-"'1'; '::;,..-0 om ~ -< """0 :i: ':? (N