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Home My WebLink About05-3142 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MINDY M. FRASER, Plaintiff vs. NO. X45-- 3 /qa CIVIL ACTION - LAW DONALD C. FRASER, JR., Defendant : 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 relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the grounds 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, 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 ASSISTANCE. Court Administrator Fourth Floor Cumberland County Courthouse One Court House Square Carlisle, Pennsylvania 17013-3387 Telephone: (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MINDY M. FRASER, Plaintiff VS. NO. o.5"- -TiYz : CIVIL ACTION - LAW DONALD C. FRASER, JR., Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this ' z day of 2005, comes the Plaintiff, MINDY M. FRASER, by and through her attorney, Jerry W. Brown, Esquire, and files the following Complaint in Divorce averring as follows: 1. The Plaintiff, MINDY M. FRASER, is an adult individual currently residing at 4601 South Clearview Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, DONALD C. FRASER, JR., is an adult individual currently residing at 126 Heather Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have one minor child, Cheyanna Mae Fraser, born December 22, 2001. 4. Plaintiff and Defendant were married on or about October 7, 2001, in Mechanicsburg, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant separated on or about November 19, 2003. 6. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 7. There have been no prior actions of divorce or annulment between the parties. 8. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 9. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 10. The Plaintiff avers that the grounds on which the action is based are that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests that this Honorable Court enter a Decree in Divorce, in accordance with section 3301(c) or (d) of the Divorce Code (23 Pa.C.S. See. 101 et seq.). submitted: So learview Drive p PA 17011 ) 737-91 74 o. 65345 rney for the Plaintiff T - . . y VERIFICATION I, MINDY M. FRASER, state that I am the PLAINTIFF in the foregoing COMPLAINT and that the facts set forth therein are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. i A. it ?. MY M. SER Date: ?O` Z - 05 o? INA, W V y %? vs -r aR4- &Mosc c--., J f Case No. 205? - a 31 y Z Statement of Intention to Proceed To e Court: intends to proceed with the above captioned matter. Print Name ?Ona lc?f7r 1 mt Sign Name Date: ? -ZZ-b 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. 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. 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 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 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. C C=l -pal rn - C4 - r, m p ?.. t n r*j Fn T) l? 9c-) c 7 r ..t„ -r, C) i 7i ? .. C7 I David D. Bueff Prothonotary KirkS. Sohonage, ESQ, Soricitor ^R 0. ? . yl jz? 775" Renee X Simpson 1'` Deputy Prothonotary Irene E. Morrow 2nd Deputy (Prothonotary Office of the Prothonotary Cumberland County, Tennsykania 6.5 - J/Iq 0?' CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, 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 9 Car(isfe, P.4 17013 • (717) 240-6195 & Fa.? (717 240-6573