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Home My WebLink About05-0779 ROBERT C. FALCO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2005 -n9CIVIL TERM BARBARA JEAN FALCO, Defendant IN DIVORCE 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 in 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ROBERT C. FALCO, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005 - 2005-779 CIVIL TERM BARBARA JEAN FALCO, Defendant/Respondent IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 7th day of July 2005, comes the Petitioner, Robert C. Falco, by his attorneys, IRWIN & McKNIGHT, and makes the following Petition for Economic Relief against the Respondent, Barbara Jean Falco, as follows: 1. The Petitioner is Robert C. Falco who is the Plaintiff in a divorce action filed at 2005-779 in Cumberland County, Pennsylvania. His address is 649 North Hanover Street, Carlisle, Cumberland County, Pennsylvania l7013. 2. The Respondent is Barbara J. Falco who is the Defendant this divorce action. Her address is 775 Hamilton Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Costs and expenses; and c. Counsel fees. WHEREFORE, the Petitioner, Robert C. Falco, requests the relief set forth above. Respectfully submitted, IRWIN & McKNIGHT Date: July 7, 2005 2 'It,~'\ .:It' .....,.. '~, < ~~ "" .... ~ <- "" -(. """ -0 ....;. '"'" fi;'-\'!\{;\i" ~> "..-' ~ '" ...c.. ~ ;:J ~ t t .~ (} ,.." r:: = ~ = c.n <- :r::n c:: 1- r"l1- I -Om -' :::)0 c) .L -0 :-rl~' ,~ ,~ :3: \;:,;:0 r;;> ,;-c-.:.rn '-'" ~ ~ :n ....- .< - 1)1 THE COURT OF Cm!MON PLZ.\S C!" cmffiERI..\Ntl COUNT'!, PEmlS"fLV A.'lU ROBERT C. FALCO. PLAINTIFF vs. RARRARA JEAN FALCO, DEFENDANT NO" 2005-719 CIVIL TERM RnRRRT r. li'AT.r.n a master wi~h respect ~o the ( X) Divorce ( ) Annulment ( ) Alimony ( ) .Ui:!lony Pendente :lOTION FOR APPO~T OF M..o\.STER (Plaintiff) (~1fli101lIl6~1f:;i, moves ~he cour1: co appoin~ follDwing claims: Liee ( X) ( ) ( X) ( X) Dtstribution of Proper1:y SllppOr1: Counsel Fees CCIS ts and E.X?enses and in suppor~ of ehe motion states: (1) Discovery is co~?le1:e as to ~he cla1~s(s) appDintnent of a caster is requested. (2) The defendant (bas) ~) appe.aI'ed in (by his attorney, JANE ADAMS (3) The staturory groundOt) for divorce (is) 3301(c) NO FAULT (4) Delete the inapplicable paragraph(s): ( ( for ~.;hic~ t~e ~he ac~ion (personally) ,Esquire) . me) ~ follow~g claims: (c) The action is contes1:ed wi~h respect to ~he following claims: EOUITABLE DISTRIBUTION. COUNSEL FEES AND COSTS (5) T"ne action ~) (does no1: ilwolve) cOlllple:t issues of 10.'. or fact.. (6) The hearing is expected ~o (7) Addi~ional inEotza1:ion, if ~kx~). De1:e: JULY 7 , 2005 , ESQ;' ORDER APPOl:!1U"G ,'!..\STER ~~ NOw , is appointed ~SCe~ with respect to t~e follc~ing cla~-~: Esquire, By the Cour1:: J o ~~ ;::g ~'; -7 ~_'" %C_ ~)- ~::::~,. 'j;.~ ~~;; OJ ~ ,..., = = c.n <.- c: , I -.I ~ :t~ nlh; ::g't' g~ ",3::l 0-") Z~ S ~ -0 ::!.: t;>? r. W ROBERT C. FALCO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION. LAW 2005 .'J71CIVIL TERM BARBARA JEAN FALCO, Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF TIlli DIVORCE CODE NOW comes the Plaintiff, Robert C. Falco, by his attorney, Marcus A. McKnight, ill, Esquire, and files this Complaint in Divorce against Defendant, Barbara Jean Falco, representing as follows: 1. The Plaintiff is Robert C. Falco, an adult individual residing at 649 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013, 2. The Defendant is Barbara Jean Falco, an adult individual residing at 649 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 3, The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on July 8, 1998, in Lake City, Florida. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, By: Ma us A. Me Igbt, III, Esq. Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court J.D. No. 25476 Date: February 10, 2005 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~ OBERT C. FALCO Date: February 10, 2005 ROBERT C. FALCO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005 - CIVIL TERM BARBARA JEAN FALCO, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. tc~~~~/e7 OBERT C. FALCO Date: February 10, 2005 0~ tF~ t l-( - ~ r;y b ~ __1 ~ --:t F - E ~ "--~ ~, ~ ",-/" -n C\...,.,,:,~ i.,., L. \ _:, l-n' -- (-') C-. ~,." ~? f",' - ROBERT C. FALCO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005-779 CIVIL TERM BARBARA JEAN FALCO, Defendant IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.c.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, ill, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Barbara Jean Falco, on February 12, 2005, by certified, restricted delivery mail, addressed to her at 649 North Hanover Street, Carlisle, Pennsylvania 17013, with Return Receipt Number 7003 3110 0004 5770 5650. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit false statements herein made are subject to the penalties unsworn falsification to authorities. true and correct. I understand that 8 Pa. C. . ection 4904, relating to Date: February 15, 2005 o Ul ...J] Ul o ""' ""' Ul ::r o o o o r'l r'l In In o o ""' 11 II a.1I14O I ~ 3 X-- ~ <:> ,~ ...." T"\ tP LJ') ~.'" -0 :.; ~ r,..:> 0> ROBERT C. FALCO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005 - 779 Civil Term BARBARA JEAN FALCO, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire as Attorney of record for Barbara Jean Falco, Defendant in the above-captioned matter. Date: .~. 2 . s~ ') ane Adams, Esquire I.D. o. 79465 6 South Pitt Street arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT c r-' c:) (;;'~,J ..:J"I :::;;. :'j;:;;>' ';';!;") , ;,' .....1 \ " ~" - C:) )..:- -' ROBERT C. FALCO, PlaintifT/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005 - 2005-779 CIVIL TERM BARBARA JEAN FALCO, Defendant/Respondent IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 7th day of July 2005, comes the Petitioner, Robert C. Falco, by his attorneys, IRWIN & McKNIGHT, and makes the following Petition for Economic Relief against the Respondent, Barbara Jean Falco, as follows: 1. The Petitioner is Robert C. Falco who is the Plaintiff in a divorce action filed at 2005-779 in Cumberland County, Pennsylvania. His address is 649 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Barbara J. Falco who is the Defendant this divorce action. Her address is 775 Hamilton Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Costs and expenses; and c. Counsel fees. WHEREFORE, the Petitioner, Robert C. Falco, requests the relief set forth above. Respectfully submitted, IRWIN & McKNIGHT Date: July 7,2005 2 ~~ t...,\ , .."", '., I '" , "" ~~ ~ " \" "'" ... -.. "'" "" '" .." $ ~ --<:. '" ;) ;:\;.. 1",) ~ ~ "0, ~ ~ ..... C) "'" f.~ = ~ = c.n (-,' (- :r!::o r..:::.: r- ill I -0 hi -.J ::00 () 1 -,., -rl~ :]: (j:!J ";:..\) ~ Csrn --'"I -,., ., ~l) .r::- -< -;'-;',%,:,:il~ii'f!%irl+;;illi:;1!l~i:f1~;~.' j,F ,. I:l THE COURT OF Cm!!-!ON PLZAS C," C1.;:,reERL\Nll COUNTY. PEE<Si.'1..V_-I..'lU ROBERT C. FALCO, PLAINTIFF vs. IlARllARA JEAN FALCO, I DEFENDANT NO. 2005-779 CIVIL TERM RORF.."RT r. li"AT r..n a master with respect to the ( X) Divorce ( ) Annulment ( ) Alimony ( ) Albony Pendente :'iOTION FOR APPODlT.1S'lT OF M.....S'ER (Plaintiff) ('8'1&1f1r.161l!lliJl.lt), following claims: moves the court :0 a?poinC Lite ( X) ( ) ( X) (X) Distribution of Property Suppor1: Counsel Fees Cos ts and E.."<;)enses and in su~po~~ ot t~e motion states: (1) Discovery is co~~lete as to the claims(s) appointnent of a master is requested. (2) The defendant (has) ~) appeared i:1 (by his atto=ey, JANE ADAMS (3) The s1:aturory ground(lS) for divorce (is) 3301(c) NO FAULT (4) Delete the inapplicable paragraph(s): ( ( for o,;hic:t c~e the action (personally) ,Esquire). me) ~ fallOwing cla~: (c) The aC1:ion is contes1:ed with respect :0 the followi.::lg claims: EOUITABLE DISTRIBUTION. COUNSEL FEES AND COSTS (5) Tne aC1:ion ~) (dDes not L~volve) complex issues of law or fact. ~1<X~). (6) The hearing is er,:>ected to take (7) Additional inior.na1:ion, if any. , ESQ;' Date: JULY 7 , 2005 .:\.J.'lD NOw is appointed (I /1 C~~t?~~~J:lT? ~ ~ ~~h respect to the follcwing cla;-~: aLL A.aL Esquire, By che Court: ~ CP oJ'., t? 'iiN'if;\lASNt{jd 'UNnr',- "',n "'-'"'n''' , 1 !\Li' . -'-:';'\h J l] I :OII,lV II lor SOUl ^HV10i"jCHJ.C"cd 3Hl :10 3:Jl~:!o.{l=jll:J (") "'" = 0 c = -n ~:;"""" c.n <- ~::!J c.: .- nl- -r; hi I "'6 -.J .,,~) 01. ---[ . -::I -0 /~-1 _pw ::.J.(") ( N ,-sm ;i~ -, :;1 r.- 55 -. w -< ROBERT C. FALCO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005 -779 CIVIL TERM BARBARA JEAN FALCO, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 11,2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of l8 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: ,; -d'i? - ~~ ~~~~ if OBERT C. FALCO Plaintiff ^ . ,,-.' C) -,1 ::;1 filF -r?f~l C-:.I -0 ['" ::0 c...., -< : IN THE COURT OF COMMON PLEAS OF ROBERT C. FALCO, Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : 2005 -779 CML TERM BARBARA JEAN FALCO, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DEc.REE UNDER S.-ECTION 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! 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. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 6 -fi-i)>OO?' ~~~:.:) }(OBERT C. FALCO Plaintiff --") "":';> ~'~~ C,-~ r..') co ...,-, t;;; G' ROBERT C. FALCO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005 - 779 Civil Term BARBARA JEAN FALCO, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 330 I (c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of 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. 1 also understand that false statements herein are made subject to the penalties of 18 Pa.C.s. 4904, relating to unsworn falsification to authorities. Date: &-. - /1g-th. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330l(c) AND &330l(d) OF THE DIVORCE CODE 1. I consent to 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. [understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will!>e sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. Date: &- -~-(}?JJ ~Ct bara Jean Falco, (") <-' C "'" c;, ~" .,'\ c(~ \:. c._" \ C~:. ,",,-- N u:> :,:: ',-{? N . ....... ROBERT C..F ALCO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005 - 779 Civil Term BARBARA JEAN FALCO, Defendant : CIVIL ACTION - LAW : IN DIVORCE To the Prothonotary: NOTICE TO RESUME PRIOR SURNAME. Notice is hereby given that the Plaintiff in the above matter: _X_prior to the entry of a Final Decree in divorce. OR _ after the entry of a Final Decree in Divorce hereby elects' to resume the prior surname of BOYER and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. s704. Date: ~ ~ d'i$---c{Q ~0J~~F~ ~ Prior Name J:luJJt1A(!feea)A ~ Barbara Jean oyer Signature of Name being resumed. COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the d t;y of ~rJ ~ ' 2006 before me, the undersigned officer, personally appeared BARBARA JEAN FALCO/BARBARA JEAN BOYER personally known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WlTNESS WHEREOF, I here tJIK N_ SeoI Jane Adam., Nawy Public Carli.le BolO, Cumbedlnd c=- My Commission Expires Sept. 6, 2lJ08 ~~~ ~ [J <A v ~ .t L\ ~ f ~ o ~ ':-:J ~.~. z; -n f'...) "'-, _.~' -...0 'i'.) CO ROBERT C. FALCO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005 - 779 Civil Term BARBARA JEAN FALCO, Defendant, : CIVIL ACTION - LA W : IN DIVORCE MOTION TO COMPEL DISCOVERY AND NOW COMES, the Defendant, Barbara Jean Falco, by and through her Attorney, Jane Adams, Esquire, and moves this Honorable Court as follows: 1. Plaintiff, Robert C. Falco, (hereinafter referred to as "Husband"), and Defendant, Barbara Jean Falco, (hereinafter referred to as "Wife") were married on July 7, 1998. 2. The above-captioned action was initiated by Husband filing a Complaint in Divorce on February 11,2005. 3. Husband later filed a Petition for Economic Relief, on July 7, 2005, which contained claims for Equitable Distribution of the Marital Assets, Costs and Expenses, and counsel fees. 4. The master was appointed to this matter and a pre-trial conference was held on or about April 21, 2006. 5. During the marriage the parties jointly participated in a business established primarily for selling guns under a Federal Firearms license. 6. At the time Wife left the marital home, there was a considerable amount of inventory for the business remaining in the home, which would consist totally of marital property. 7. Wife has repeatedly requested information regarding the inventory of the home and has propounded interrogatories upon Husband requesting such information. Husband refuses to provide the requested information regarding the marital property. 8. Wife also requested other basic information regarding marital assets, through Interrogatories, which Husband refuses to provide. 9. Such information is needed in order that Wife can evaluate any marriage settlement proposal and/or prepare her case for a hearing before the Divorce Master. 10. Husband's counsel never requested an extension of time to complete and return the Interrogatories. 11. A hearing conference is currently set before the Divorce Master for March 13, 2007. Wife is requesting that Husband's information be provided before this hearing or conference. 12. Wife knows of no reasonable basis for Husband's delay in providing the requested information. 13. After his numerous requests, Wife still has not been provided the requested information and knows of no other alternative than to request that the Court Order Discovery of this information. WHEREFORE, Husband respectfully moves this Honorable Court for the entry of an Order Compeling Discovery in the above-captioned matter as well as any other relief, such as Attorney's Fees, that this Honorable Court may deem necessary. J. (\ ~ / V\..L ~ Date: ~ . ~ . 1 By: a e Adams, Esquire 4 South Pitt 8t. Carlisle, Pa. 17013 (717) 245-8508 LD. No. 79465 Attorney for Defendant VERIFICATON I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 3 - 5 -Or B bara Jean Bo er, Defendant F/kIa Barbara Jean Falco ~ o l'"--:l --:. C::., --.I o ." --:-' i'-n:D r- rrt o C:-) .:; j :z ::r..~ .-...; I u? -0 r"" o \.C> vs ~r Cat' Case No. p~ V ~~ - J 1 `f3 ~- ~ ~ Sta em t of Intenh roceed ~~ ~ '_~~ ..~ ~ ~ ~ , To the Co rt: ~ C, r2- ,~~"' intends to proceed with the above capti~~matter. ~r-t Print Name /~"G(M~Q ~~ Sign Name ~~ ~ W Date: ~ Attorney for Eacplanatory Comment The Suprerare Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the temunation of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of vil Procedure New R 1e of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of t e Pennsylvania Rules of Civil Procedure. The temunation of these cases for inactivity was previously governed y 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 rul¢ was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1990 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 ofiJudicia] Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general po~icy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactiv~ Cases The pu ose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. Atr giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the part es do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terdriinating the matter with prejudice: for failure to presecute." 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 t e action has been terminated If the a tion is terminated when a party believes that it should not have been terminated, that party may proceed under Rul 230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viabl action when the aggrieved party did not receive the notice of intent to temrinate and thus did not timely file the notice;of intention to proceed. The timling of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry ~f the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate t}re action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimat excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of terminate non 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 acti n which has not been terminated but which continues upon the filing of a notice of intention to proceed may have bee the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common aw non pros which exits independently of termination under Rule 230.2. Davila Buell- ` Renee K Simpson Prothonotary o ." i C.\ 15t Deputy Prothonotary '�k.,.‘ d '' Irene E. Morrow 1CirkS. Sohonage, ESQ J%- Solicitor 7750 2nd.Deputy Prothonotary Office of the Prothonotary Cumberland County, cPennsy(vania 05 -O77Q CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • CarCsCe, PA 17013 • (717)240-6195 • Fa .(717)240-6573