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Home My WebLink About04-5690WILBUR T. COY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. CIVIL ACTION - DIVORCE NO.6`4-64?o CIVIL TERM VIVIAN F. COY IN DIVORCE Defendant NOTICE 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. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS Attorneys for PI intif SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW /// 26 High Street Ca Carlisle, PA By: ??• Carol J. in say, Esquire I D# 44 93 26 We igh Street Carlisle, PA 17013 (717) 243-6222 WILBUR T. COY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - DIVORCE NO. d 9, SL 96 CIVIL TERM VIVIAN F. COY IN DIVORCE Defendant COMPLAINT Wilbur T. Coy, Plaintiff, by his attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Wilbur T. Coy, who currently resides at 110 Railroad Lane, Shippensburg, Cumberland County, Pennsylvania, where he has resided since 1973. 2. The Defendant is Vivian F. Coy, who currently resides at 42 Cleversburg Road, Shippensburg, Cumberland County, Pennsylvania, where she has resided since 2003. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 4, 1972, at Newville, SAIDIS Pennsylvania. SHUFF, FLOWER & LINDSAY ATMRWYS•AT•I.AW 5. That there have been no prior actions of divorce or for annulment between 26 W. High Street Carlisle, PA the parties in this or in any other jurisdiction. 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: 26 We StreE 26 We =9? Carlisle, PA 17013 (717) 243-6222 Date: 1( ///O? VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. N A/. Wilbur T. Coy Date: ,//' d S- 0 l SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA NOY 0 9 2004 --i c l WILBUR T. COY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. CIVIL ACTION - DIVORCE NO. 04-5690 CIVIL TERM VIVIAN F. COY IN DIVORCE Defendant ACCEPTANCE OF SERVICE I, Vivian F. Coy, Defendant above, accept service of the Complaint in Divorce in the above captioned matter. (moo Date Vivian F. Coy, Defendant r.a ?? ?= * C7 t:?? -17 --?? --3 , i ' ' ?:?? i N.? ; 1 ,,,..?sT; f,r'I ,?. . t .? (.,? '? <,... f.;_"` i 1 • .1 ??V; .. vs Case No. 0 4 - 5(o g V I OA Statement of Intention to Proceed To the Court: 41 ?- intends to proceed with the above captioned matter. Print Name Sign Name ?O Date: /6 - 31 - 0 7 Attorney for 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 yvish to ;pursue e he case, they will take no action ar_d "the Prorhenetn, sb?01 enter an order ass 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 riming 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. n? u ?? -? -r? - - -- w? ? E r ?:_ N - ?= ... „___ ? _,. , . :-y as ...?.? ? :?; ' t .. ?. -w V_V , , ? .tom .M? ••. ?,`,a. ?-