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HomeMy WebLinkAbout00-05699 NM-~-a l , vs Case No. ' ~'~ ~ 7'~ Statement of Intention to Proceed .~3 ,N T aW c~ '_~'+~-~- TO the C;OUI't: „~ ~> ~ J ~ ) , ~i intends to proceed with the above captioatt~ ' " z w ~ C"~ ~ ~~? ~ C1 ~ r/, ~ ~ / ~ / t 1 rJ / ~ ~ _ f Print Name ~ i ~~ ~ ~ ~' ~ Sign Name _ ,~__ ~ ` _ _--~ ~~' - _ '.; , ,;; _ . r Date: __ ~ _ Attorney for _ '~~ 'i 1111 1 ~~~ i'~ ~ ,~ 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 o; the Pennsylvania Rules of Civi] 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. ]I Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. "Che 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 par-lies 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. {There 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 Ru1e230(d) for relief from the order of termination. An example of such an occurrence might he 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. "hhe 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 i d)(2). B GVhere 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. JIMMY L. MOONEY, • IN THE COURT OF COMMON PLEAS Plaintiff • COUNTY OF CUMBERLAND, PENNSYLVANIA v. • NO. 2000-5699 CIVIL TERM CAROLDEANE MOONEY, • CIVIL ACTION — LAW Defendant • IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed August 17, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: I o i3 Ji my L. Mooney Law Offices of CO Saidis `- T� Sullivan ' -- & Rogers y' °-4 26 West High Street Carlisle,PA 17013 JIMMY L. MOONEY, • IN THE COURT OF COMMON PLEAS Plaintiff : COUNTY OF CUMBERLAND, PENNSYLVANIA v. • NO. 2000-5699 CIVIL TERM • CAROLDEANE MOONEY, • CIVIL ACTION — LAW Defendant • IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER§ 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 441 --:.... Ji p ny L. Mooney q 1 5 + ., --- 3 Law Offices of —G Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 JIMMY L. MOONEY, IN THE COURT OF COMMON PLEAS Plaintiff COUNTY OF CUMBERLAND, PENNSYLVANIA V. NO. 2000-5699 CIVIL TERM CAROLDEANE MOONEY, CIVIL ACTION_ —LAW Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed August 17, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken.and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: aroldeane Moo y CD f w Law Offices of Saidis Sullivan & Rogers 26 Westliigh Street Carlisle,"PA;17013 . JIMMY L. MOONEY, IN THE COURT OF COMMON PLEAS Plaintiff COUNTY OF CUMBERLAND, PENNSYLVANIA V. NO. 2000-5699 CIVIL TERM CAROLDEANE MOONEY, CIVIL ACTION —LAW Defendant IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER& 3301 (c)OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 3 I IS Caroledeane Mo&-? J i-n'1�b cz) T T c- -- r: Law Offices of Sardis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 JIMMY L. MOONEY, IN THE COURT OF COMMON PLEAS Plaintiff COUNTY-OF CUMBERLAND, PENNSYLVANIA V. NO. 2000-5699 CIVIL TEF2M °4 s L CAROLDEANE MOONEY, CIVIL ACTION —,LAW c<-a " Defendant IN DIVORCE Ana_ cra c,., T, - PRAECIPE TO TRANSMIT RECORD c. : g To the Prothonotary: { Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on August 21, 2000, via certified restricted mail. Proof of service was filed with the Court on August 29, 2000. 3. Date Affidavit of Consent required under Section 3301(c) or(d) of the Divorce Code was signed: By Plaintiff: October 18, 2013 and filed with the Prothonotary on October 18, 2013. By Defendant: October 28, 2013 and filed with the Prothonotary on October 30, 2013. 4. Related claims pending: None. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: October 18, 2013 and filed with the Prothonotary on October 18, 2013. By Defendant: October 28, 2013 and filed with the Prothonotary on October 30, 2013. SAIDIS, SULLIVAN & ROGERS Law Offices of Saidis Hannah White-Gibson, E quire Sullivan Supreme Court ID No. 311679 26 West High Street & Rogers Carlisle, PA 17013 26 West High Street 717-243-6222 Carlisle,PA 17013 Attorney for Plaintiff • JIMMY L. MOONEY, • IN THE COURT OF COMMON PLEAS Plaintiff • COUNTY OF CUMBERLAND, PENNSYLVANIA • v. • NO. 2000-5699 CIVIL TERM • CAROLDEANE MOONEY, CIVIL ACTION — LAW Defendant • IN DIVORCE PRAECIPE TO WITHDRAWAL EQUITABLE DISTRIBUTION CLAIM To the Prothonotary: Please withdraw the equitable distribution count previously filed in Plaintiff's Complaint in Divorce. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Date: I/ 5/R 1/// `t% Hannah White-Gibson Esquire Supreme Court No. 311679 26 West High Street Carlisle, PA 17013 717-243-6222 Counsel for Plaintiff c —s p © tTi C)-"n CAA -t --j .... Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 JIMMY L. MOONEY, : IN THE COURT OF COMMON PLEAS Plaintiff • COUNTY OF CUMBERLAND, PENNSYLVANIA v. : NO. 2000-5699 CIVIL TERM • CAROLDEANE MOONEY, : CIVIL ACTION — LAW Defendant • IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this 5th day of November, 2013, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail addressed as follows: Caroldeane Mooney 3 West Main Street Newville, PA 17241 SAIDIS, SULLIVAN & ROGERS 4//(/(- // Hannah White-Gibson, squire Supreme Court ID No. 311679 26 West High Street Carlisle, PA 17013 717-243-6222 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 : IN THE COURT OF COMMON PLEAS OF JIMMY L. MOONEY : CUMBERLAND COUNTY, PENNSYLVANIA • v. CAROLDEANE MOONEY Na 2000-5699 DIVORCE DECREE AND NOW, •-re'iwtttT, f)'0 , it is ordered and decreed that JIMMY L. MOONEY , plaintiff, and CAROLDEANE MOONEY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. By th • • Attest: J. -7-1)A4/_;41 Prothonot eRktIcA .6:iket44 19,D'TDA0i It)911 e+ 1‘)1 ! tk 3 w