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Home My WebLink About04-5656CF.WILES\DATAFILE\General\Cwrent\11341 1 COMIRde Created 9/20/04 0 06PM Revised. 10/26/04 0.26PM 11341 1 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CANDACE E. SNYDER, Plaintiff V. KENNETH F. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2004- 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 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. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CANDACE E. SNYDER, Plaintiff V. KENNETH F. SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2004- SG SL L.'? ?? ?, `Two CIVIL ACTION - LAW : IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(C) or 3301 (D) OF THE DIVORCE CODE 1. Plaintiff is Candace E. Snyder, who currently resides at 112 South Orange Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Kenneth F. Snyder, who currently resides at 112 South Orange Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 16, 1971, in Cambria County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. Date: MARTSON DEARDORFF WILLUMS & OTTO By 1 ? - Jennii'er 4 Spe psEsquire I.D. Num45er 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Divorce Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. andace E. Sny er F:\FILES\DATAFILE\Gencral\Curtent\11341 I coml f -3 ?i 1T O t? +aE,? v-) f`.7 C? TZ - ? c-3 i CF.\FILES\DATAFILE\General\Current\11341 1 affidavitservice/tde Created: 9/20/04 0 06PM Revised. 11/22/04 1 1-09AM 11341 1 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CANDACE E. SNYDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-5656 CIVIL ACTION - LAW KENNETH F. SNYDER, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Kenneth F. Snyder at 112 S. Orange Street, Carlisle, PA 17013 on November 15, 2004, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "K. Snyder"' and dated November 16, 2004. Jennie er L. Spears, Esquire Sworn to and subscribed before me thisb?''day of -)oeY' . , Notary Public NOTARIAL SEAL VICTORIA L. OTTO, NOTARY PUBLIC CARLISLE BORO CUMBERLAND COUNTY MY COMMISSION EXPIRES DEC. Z 2006 W %in f . 1 r%- I (Domestic Mail Only; No Ins urance Co v?rage Provided) D M For delivery information visit our website a t w,1112MI161,7N.I.I., C P l W /i rte. Ln Postage $ .. Certified Fee $2.30 r = Q Retum Reoiept Fee (Endorsement Required) ` O r q Restricted DetNery Fee (Endorsement Required) =3•?0 ,'? rR M M Total Postage & Fees $ f8.15 " H/15/2004 m 0 Senn o (/ or PO Box No. /_S.J _ _ -:- City State, ZIP+4 PS Form :3800. AMC 2002 Sq(, Heverse tor Instructions C? PA ? ^a ee?m Case No. - Z Statement of Intention to Proceed To the Court: hs ?C??V? intends to proceed with the above captioned matter. Print Name_ ICJ L • " K Sign Name / IV I/ v Date: qlzda Attorney for 0 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 rthese 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. 11 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 ternmination 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. CD CANDACE E. SNYDER, Plaintiff V. KENNETH F. SNYDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-5656 CIVIL TERM : IN DIVORCE PR_AECIPE TO WITHDRAW APPEARANCE I, Jennifer L. Spears, Esquire, withdraw my appearance as attorney of record for, Candace E. Snyder, Plaintiff in the above-captioned case. Date Jennifer L. es, MDW&O 10 East High Street Carlisle, PA 17013 PRAECIPE TO ENTER APPEARANCE I, Andrew Sheely, Esquire enter my appearance as attorney of record for, Candace E. Snyder, Plaintiff in the above-captioned case. 2-1061 - Date Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 • ` t.J ` = ?e ryl