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Home My WebLink About05-6397I ADRIENNE SU, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. DS-- c 397 CIVIL 2005 DARRACH DOLAN, Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt actior. 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. 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 South Bedford Street Carlisle, PA 17013 717-249-3166 Respectfully submitted, SAIDIS, SNUFF, FLOWER & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Carol J. Lindsay, E quire Supreme Courtfb o. 44693 26 West High S eet Carlisle, PA 17013 717-243-6222 ADRIENNE SU, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. U s, 0397 CIVIL 2005 DARRACH DOLAN, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Adrienne Su, an adult individual residing at 223 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Darrach Dolan, an adult individual residing at 254 Arch Street, Carlisle, Cumberland County, Pennsylvania. 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 October 12, 1996 in New York, New York. 5. The parties separated on August 2, 2005. 6. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•IAW 26 W. High Street Carlisle, PA States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. The Plaintiff has been advised that counseling is available and that he/she has the right to request that the court require the parties to participate in counseling. 9. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, SHUFF, FLOWER & -LINDSAY Carol J. Lindsay, Ei Supreme Court ID) l 26 West High Streis Carlisle, PA 17013 717-243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 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. §4904, relating to unsworn falsifications to authorities. Adrienne Su Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA i° __, -? v Q 6 d ADRIENNE SU, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-6397 CIVIL 2005 DARRACH DOLAN, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint in the above-captioned matter and certify that I am authorized to do so. Date I L 9 shy Dare $q rd, Esqu; e South Hanover Street Carlisle, PA 17013 SAIDIS SHM,, FLOWER & LINDSAY ATTOENEYS•AMA W 26 W. High Street Carlisle, PA DEC 8 0 2009 o Fri n m r, r? m u D Q C5 ?C C1 Adrienne Su vs Darrach Dolan Case No. 05-6397 Statement of Intention to Proceed To the Court: Plaintiff Carol J. Lindsay, Esquire Print Name Date: intends to proceed with the above captioned matter. f Sign Name r L; Attorney for f 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 ofcivil 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. OF THE P-1 , „ 2009 SEE 15 PM 2* u 2 cum w .,; 'E N, f - ti --'~ , .~ti ~._ vs !? ~'~~(i Case No. '(f ~ r{ Statement of Intention to Proceed c ~ ~~ ~ N ~~ 0 ~~ ~ TO [he ~otnrt. ~~-., ~ .'~ ~" lU _,, i '' 1 - ~ t intends to proceed with the above captionec~~er. A { {. . ~ ~ '~.~J FrintNamrr ~ . i ~ - ~ ~~~ ~~~~' '• _~, t ~~ ~, ~7 ~ `a ~_ Sign Name _~ '! ~ ~ ~. - ~ ~ t . "~'c~ ----mot .C" .y, •~+- + (e i Date: _ ? Attorney for "i, ~ ; ! ~? , ~ ~~`, ~ . 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. Ru{e of ~civi{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 b}- Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New kale 230.2 is tailored to thr, needs of civil actions. It provides a complete procedure and a uniform statewide practice, pre-empting 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 prosecutio,~ 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 prompC disposition of matters set forth in subdivision (a) of that rule continues to he 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, h~ or she will file a notice of intention to proceed and the action shall continue. a. GI'here the LfetlOri has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(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 [he 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 showing to the court that the petition was promptly filed and that there is a reasonable explanation or iegitimatc: 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 actton 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 lave non pros which exits independently of termination under Rule 230.2. r~ _~.~ ~1__~ ~i}+- -,.'': :~~ --+ c: y Tai G~ "T ~, ~ r r- 'Ys ~7