Loading...
HomeMy WebLinkAbout06-2257John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Ipurcell onpkh.com WENDY L. CHABAK, Plaintiff vs. EUGENE M. CHABAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. L) (o - aa57 IN DIVORCE CIVIL ACTION - LAW 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 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 Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 WENDY L. CHABAK, Plaintiff vs. EUGENE M. CHABAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0( - IN DIVORCE CIVIL ACTION - LAW COMPLAINT IN DIVORCE (1UL' ? `7??"-I AND NOW COMES Plaintiff, Wendy L. Chabak, by her attorneys, Purcell, Krug & Haller, and avers as follows: DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Wendy L. Chebak, an adult individual whose current address is 15 East Glenwood Drive, Camp Hill, Pennsylvania 17011. 2. Defendant is Eugene M. Chabak, an adult individual whose current address is 608 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. 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. 4. Plaintiff and Defendant were married on June 28, 1995 in Mechanicsburg, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. The marriage is irretrievably broken and/or the Defendant has offered the Plaintiff, the injured and innocent spouse, such indignities as to render her condition intolerable and life burdensome. 9. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 10. Plaintiff requests the Court to enter a Decree in Divorce. COUNT I - EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth at 2 length. 12. Both parties are owners of real estate and personal property. COUNT II -ALIMONY 13. Plaintiff incorporates herein by reference paragraphs 1 through 10 as if set forth at length. 14. Plaintiff lacks sufficient funds to provide for her reasonable needs and is unable to support herself through appropriate employment. COUNT III - CLAIM FOR ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES 15. Plaintiff incorporates herein by reference paragraphs 1 through 10 as if set forth at length. 16. Plaintiff does not have sufficient funds for herself or to pay counsel fees and expenses incidental to this action necessary to prosecute the same. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree: 3 (a) Dissolving the marriage between the Plaintiff and Defendant; (b) Equitably distributing all property, both personal and real, owned by the parties; (c) Ordering alimony, alimony pendente lite, counsel fees and expenses necessary for the Plaintiff to adequately prosecute this case; (d) Such further relief as the Court may deem equitable and just. Respectfully submitted, PURCELL, KRUG & HALLER 4 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 VERIFICATION I verify that the statements made in the foregoing rnm? 1 nint in Diirnrna 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. Dated: April 17, 2006 , cz (11 ((? Wendy L. abak _ ? ? ?? W ?- -? ? ?- ? ? C C ? C ? ? C' C ? 1 -eJ G-? r-- ? ?--^ John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com WENDY L. CHEBAK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. EUGENE M. CHEBAK, Defendant NO. 06-2257 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF DAUPHIN I, Carol Masich, Legal Assistant to, John W. Purcell, Jr., Attorney for the Plaintiff in the above action, hereby swear and affirm that on the 25"' day of April, 2006, I sent, by certified mail, return receipt requested, deliver to addressee only, a certified copy of the Complaint in Divorce, containing Notice to Defend and Claim Rights to Eugene M. Chebak, the Defendant in the above action, The return receipt, duly signed by the Defendant is attached hereto and made a part hereof as Exhibit "A". ?WVU \ n Carol Masich Legal Assistant to John W. Purcell, Jr. Sworn and subscribed to before me this LL* day of 2006. Not Public OF ptNNSYLal Saal CVANAL fer, Notary ?? 9. DauPhm Candy xWres Jan.12, 2008 ia Association Of Notertes RK 7160 3901 9841 336 6519 TO:? ev?? (1\.\?ebc??\ J ???SS SENDER: cL??? REFERENCE: Pos RETURN RECEIPT CertlHed Fee SERVICE Return Receipt Fee Total Postage & Fees US Poetei Service Receipt for Certified Mail No Insurance Comege PioAtled Do Wot Use for MMrNtlore l MO POSTMARK OR DATE Exhibit "A" I, N ? o U'?° cn -v r co WeNd` L. CA 6.4 131W 11T, vs Case No. v E,?? C ?-, ab,q Statement of Intention to Proceed 06-- To the Court: ft r intends to proceed with the above captioned matter. <:?? Print ?Name J^ k i W. Sign Name Date: ?' a 7 ^ 0 9 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. P? C oTARY 2809OCT 27 AM!!: 09 v YiiLl KfILtA.4 ,4'r ?w?OUf i f PENNSYLVANIA David (D. Buell Prothonotary Kirks. Sohonage, ESQ, Soricitor a :'f Ci; 7750 Renee X Simpson I" Deputy Prothonotary Irene E. Morrow 2nd Deputy Prothonotary Office of the (Prothonotary Cum6erfand County, 1Pennsykania 010 -!22.q ? CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW TKS 30TH DAY OF OCTOBER, 2012, 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 9 Suite 100 • Carfisfe, P,4 17013 • (717) 240-6195 0 F'a,,?(717) 240-6573