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HomeMy WebLinkAbout06-2611IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Elizabeth W. Orseno, vs. Plaintiff, Defendant, Civil Action - Law No. 1 In Divorce a v.m. 01U t*(,?'J'1 Thomas D. Orseno, III, 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 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 of the Cumberland County Court House, Carlisle, Pennsylvania. 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. 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 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin 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. 1623531-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Elizabeth W. Orseno, vs. Thomas D. Orseno, III, Plaintiff, Defendant, Civil Action - Law j No. In Divorce a v.m. C v???? COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE COUNT1 DIVORCE 1. Plaintiff is Elizabeth W Orseno, a sui juris adult, who currently resides at 627 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania, since February, 1997. 2. Defendant is Thomas D. Orseno, lll, a sui juris adult, who currently resides at 625 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania, since approximately August, 2005. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 27, 1990 in Oakmont, Allegheny County, Pennsylvania. 5. There have been no prior actions of divorce or annulment of marriage between the parties except the action represented by this Complaint. 6. The marriage is irretrievably broken. 7. Neither the Plaintiff nor Defendant is a minor or incompetent. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. 1623531 2 COUNT II EQUITABLE DISTRIBUTION - SECTION 3502 10. The allegations of paragraphs 1 through 8 hereof are incorporated herein as fully as though set out at large. 11. The parties have been unable to determine and equitably dispose of their respective rights and interests in the marital property. 12. Plaintiff will, within 60 days after service of this Complaint upon the Defendant, cause to be filed an inventory and appraisement of all property owned or possessed at the time this Complaint is filed. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide, distribute and assign the marital property pursuant to the provisions of Section 3502 of the Divorce Code. COUNT III ALIMONY 13. The allegations of paragraphs 1 through 8 hereof are incorporated herein as fully as though set out at large. 14. The Plaintiff is without sufficient property to provide for her reasonable needs, and is unable to adequately support herself. 15. The Plaintiff cannot support and maintain herself in the style she was maintaining prior to the separation of the Plaintiff and Defendant without continued financial assistance from the Defendant. WHEREFORE, pursuant to Section 3701, et seq., of the Divorce Code, "Alimony", Plaintiff respectfully requests your Honorable Court to order Defendant to file within 30 days of service of this Complaint upon Defendant, a complete income and expense statement and to require the scheduling of a hearing to determine Plaintiffs entitlement to alimony, and if so, the amount. COUNT IV ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES 16. The allegations of paragraphs 1 through 8 hereof are incorporated herein as fully as though set out at large. 17.The resolution of the issues raised by this Complaint will require Plaintiff to incur considerable additional expenses and costs. 1623531 18. The Plaintiff is without sufficient means to adequately support herself and to meet the costs and expenses of this litigation and is unable to maintain herself during the pendency of this action. 19.The Defendant is presently employed at Snoke's Excavating and Paving, Inc. Defendant's exact income is unknown to Plaintiff; however it exceeds that of Plaintiffs. 20. The Plaintiff is employed part-time with Franklin Family Services and her exact income is unknown as it varies according to the hours Plaintiff works. WHEREFORE, pursuant to Section 3702, et. seq., of the Divorce Code, "Alimony Pendente Lite, Counsel Fees and Expenses", Plaintiff respectfully requests your Honorable Court to order Defendant to file within 30 days of service of this Complaint upon Defendant, a complete income and expense statement, and to require the scheduling of a hearing to determine Plaintiffs entitlement to alimony pendente lite, counsel fees and expenses, and if so, the amount. 1623531 4 I verify that the statements made in this Complaint 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 falsification to authorities. loll i Elizabet .Orseno BARLEY SNYDER LLC / Date: MarO6 B. Walker, Es wire Attorney I.D. #15989 247 Lincoln Way East Chambersburg PA 17201 (717)264-6494 Attorney for Plaintiff 1623531 5 _ fJ ? -14. ?, ? a 4 Ka. I ?.M O O ?) ?'?. W L? ??_, >? „?. ?, ? ? c ? -= ?i it c.. ? ? ? ? -G p t `.... „`?` n ?f'??'t`,?- 'f..._ ?`\ ?\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Elizabeth W. Orseno, ) Civil Action - Law Plaintiff, ) VS. ) No. 06-2611 - Civil Term Thomas D. Orseno, III, ) Defendant, ) In Divorce a v.m. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF FRANKLIN ) Martha B. Walker, Esquire, being duly sworn according to law, deposes and says that she is the attorney for the Plaintiff, Elizabeth W. Orseno, in the above-captioned matter; that she did serve a true and attested copy of the Complaint Under Section 3301(c) or 3301(d) of the Divorce Code by mailing the same to Thomas D. Orseno, III, Defendant, by certified mail, restricted delivery, article number 7160 3901 9844 0234 0852 on May 11, 2006, to his mailing address of 625 Walnut Bottom Road, Shippensburg, Pennsylvania 17257; that said certified mail article was delivered to Defendant, Thomas D. Orseno, III, on May 13, 2006, all as appears from the receipt for certified mail and the return receipt attached hereto. BARLEY SNYDER LLC By: Martha B. Walker, Esquire Attorney I.D. # 15989 247 Lincoln Way East Chambersburg PA 17201 (717) 264-6494 Attorney for Plaintiff Sworn and subscribed to before me this &A day of J (d y , 2006. Notary Puri COMMONWEALTH OF PENNSYLVANIA Notarial Seal StaceyA *!otary Public Chambersbur+g Bcxo, Frarddin County 1653590-1 My Commission Expires Jan. 12, 2008 Member, Pennsylvania Association Of Notaries 71LD 3"D'1 '?Mi?l ?4 Oe52 TO: Thomas D. Orseno, III 625 Walnut Bottom Road Shippensburg PA 17257 ???gBlJl?r. o? U? SENDER: Martha Walker MAY 1126 REFERENCE: Elizabeth Orseno RETURN Postage RECEIPT Cerff,ed Fee 40 SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees 170 us Postal Service POSTMARK OR DATE g Sg Receipt for Certified Mail No Insurance Coverage Provided Do Niot Use for Irderraional Mail ------- - ------ 2. Arftb Number 3. Type CERTMO MAIL 4. Restricted Delivery? (Extra Fee) K 1. Article Addressed to: Thomas D. Orseno, III 625 Walnut Bottom Road Shippensburg PA 17257 ??teesYlame? L, ? ? ?, C. slpnswre r x D. N dskvery address dithrent from Kern 11 If YES, ender MV01Y address belay; i N Elizabeth Orseno Martha Walker Form 3811, July 2001 Doaw"o PAftm Rees" USPS - Track & Confirm Page 1 of 1 Home I Hem Trick & Confirm Track & Confirm Search Resuhs Label/Receipt Number: 7160 3901 9844 0234 0852 Status: Delivered Truck & Con&m Enter Label/Receipt Number. Your item was delivered at SHIPPENSBURG, PA 17257. (dWffsnaf D*ftft > (Mown to UW&c+am Heap > , Notficafim Dpeans Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 80> ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrm 1. smi.usps.com/PT SIntemetWeb/InterLabelInquiry. do 6/21/2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Elizabeth W. Orseno, VS. Thomas D. Orseno, III, Plaintiff, ) Defendant, ) Civil Action - Law No. 06-2611 - Civil Term In Divorce a v.m. PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE To the Prothonotary: Please withdraw the appearance of Barley Snyder LLC as counsel for the Plaintiff in the above-captioned case and enter the appearance of Martha B. Walker, Esquire as counsel for the Plaintiff. BARLEY SNYDER LLC Date: (o By. Ly Y. MacBri e, Esquire Attorney for Plaintiff Attorney I.D. #53130 247 Lincoln Way East Chambersburg PA 17201 (717)264-6494 Date: -? 06 .Nartha B. Walker, Esquire Attorney for Plaintiff 1669550-1 :,a C7 .,-, C. u rt c _. :? _ _ - ?--n ?_ _?„ r ?> -,, vs O? S?n/O l? Case No. Of a0 l / Statement of Intention to Proceed To the Court: W4. &nWO intends to proceed with the above captioned matter. A&,e y,? tt! 6, A* 14e4w Print Name Sign Name 110 / Date: I d to (f Attorney for ?6'Lae.lselx /V O1LXr1Vd 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. 2009 OC (1 2 Ai , : ,,Y Ai Elizabeth W. Orseno, vs Thomas D. Orseno, III, Case No. 06-2611 Civil Term Statement of Intention to Proceed To the Court: The Defendant Thomas D. Orseno, III intends to proceed with the above captioned matter. Print Name $amnPl T._ Andes Sign Name Datep October 2009 Attorney for Defendant 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. _iu, ? ? ,v .? ? ,? ?.,;? i,:.. `? ,. . ELIZABETH W. ORSENO, Plaintiff vs. AUG 22 PM 4: 04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-2611 CIVIL TERM THOMAS D. ORSENO, III, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 8 May 2006, and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. ' consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF Aj DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 'I consent to the entry of a final decree in 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. I understand that I will not be divorced until a divorce decree is entered by the court and that ai 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 & Waiver 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 falsification to authorities. Dated: ELI ETH W. ORSENO L1;? Pf; fPp 1-} ? ELIZABETH W. ORSENO, ) Plaintiff ) vs. ) THOMAS D. ORSENO, III, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-2611 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1 A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 8 May 2006 and served upon the Defendant within thirty days thereafter. 2 The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3 I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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.' 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 & Waiver 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 falsification to authorities. Dated: THOMAS D. ORSENO, III