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HomeMy WebLinkAbout04-6023LENARD E. GUISE, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TINA M. GUISE, Defendant CIVIL ACTION -LAW NO. O q _ " CIVIL TERM 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 (717) 249-3166 LENARD E. GUISE, Plaintiff V. TINA M. GUISE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Lenard E. Guise, an adult individual currently residing at 203 Chestnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Tina M. Guise, an adult individual currently residing at 18 Meeting House Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 1, 1996, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, G ' e, Esquire orney r Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: Y ?,,-enard E. Guise, Plaintiff r, ?- r.r UIN i - 7 m LENARD E. GUISE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. TINA M. GUISE, Defendant : CIVIL ACTION -LAW NO. 04-6023 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this day of December, 2004, comes Bradley L. Griffie, Esquire, counsel of record for Plaintiff, Lenard E. Guise, and states that a true and attested copy a Complaint in Divorce, was sent to Defendant at 18 Meeting House Road, Carlisle, PA 17013, by certified mail, restricted delivery, return receipt requested. Service of said Complaint was made on December 4, 2004. Sworn and subscribed to before,pe this day of 7 Zt L Vvtcl , 2004 OTAR ?IUBLIC tttan?11q? Co+?'t A 200 North Hanover Street Carlisle, PA 1701.3 (717) 243-5551 (800) 347-5552 CO 0 -0 ,7? Cri Postage $ 9 60 r-4 C3 Certified Fee Return Receipt Fee jr (Endorsement Required) v -, C3 Restricted Delivery Fee t? C3 (Endorsement Required) c r Total Postage & Fees $ 8 s? r' u7 Sen A , r1J ? r ? < < ?'? ------------------- St t, Apt. No.; 'I or PO Box No. p C- , C1 `-------- - C State, Z--1P--+4 - ---- r V +R r {wM:d 11f}3bI wrft ti 1wwww +llott DOW t. AM*- a to Mantis O r?s lid ,A,e, op," 7001 2510 0009 1018 9608 LISPS - Track & Confirm UNtTEDSTATES MUPOSTAL SERVICE., Page 1 of 1 Track & Confirm Shipment Details You entered 7001 2510 0009 1018 9608 Your item was delivered at 2:20 pm on December 04, 2004 in CARLISLE, PA 17013. Here is what happened earlier: ¦ ACCEPTANCE, December 03, 2004,1:35 pm, CARLISLE, PA 17013 Notification Options Track & Confirm Enter label number: I Track & Confirm FAQs 1 Track & Confirm by email What is this? Ge> ® POSTAL INSPECTORS site map contact us government services Preserving the Trust Copyright ©1999-2002 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrrnI.smi.usps.com/netdata-cgi/db2www/cbd 243.d2w/detail 12/6/2004 ?-• ? ry, a t" t --} --g M CD `, e, to m iJ ?Y ?ti Sr - vs (; cV m hIz,u? . S r= Case No. U - rr?OZ-3 Statement of Intention to Proceed To the Court: ?To old Y-Y\• &-&.S er intends to proceed with the above captioned matter. Print Name _.._1 r4 WL- (fS g _ Sign Name / '' , ge!?2 Date: t ! t D'1 Attorney for _Sr 1A (1J +?1 -- 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 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 puusue the case, they will take no action and "the Prothonotary shall enter an order as of course tenninating 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 temunated 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. 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. r n _ _r, rT; -,) t