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Home My WebLink About06-2972 F:\DOCS\FL\DIV\CAREY,MARYANN-3301C MARYANN L. CAREY, Plaintiff V. DONALD G. PARSONS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Grp ' ?? CIVIL TERM CIVIL ACTION - LAW 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 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 Courthouse, Carlisle, PA 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. PA 17013-3302 Telephone: (717) 249-3166 -1- MARYANN L. CAREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. OG • W 97.2- CIVIL TERM DONALD G. PARSONS, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT 1. The Plaintiff in this action is MARYANN L. CAREY, an adult individual, who currently resides at 1555 Potts Hill Road, Etters, Newberry Township, York County, Pennsylvania. 2. The Defendant in this action is DONALD G. PARSONS, an adult individual, who recently relocated and now currently resides at 1036 '-? Riverside Drive, Billings, Montana, 59101. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on October 15, 1999, in the State of Montana. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is -2- .-J - irretrievably broken. 7. The Plaintiff avers that no children have been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of divorce. 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 P.C.S. §4904, relating to unsworn falsification to authorities. Date: STONE LaFAVER Elizabeth S n; S ou D #60251 414 Br'd reet, P.O. Box E New C e and, PA 17070 Telepho 717-774-7435 Attgo'nd'ys for Plaintiff -3- ..- -C`° ? ?"? --, ?? c, ? .-? ?. ? '? c ?, i ' c.a `-fit ?, r': .. Yj ca D i fl?div\CAREY,M RYANN-affofservice MARYANN L. CAREY, Plaintiff V. DONALD G. PARSONS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2972 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) I, Elizabeth B. Stone, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, Donald G. Parsons, at 1036' Riverside Drive, Billings, MT 59101, by United States Certified Mail, postage prepaid, restricted delivery, on May 30, 2006, as evidenced by the SWORN TO AND SUBSCRIBED before me this nol day of U r?R_ , 2 06. Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN KEIM,NOfary Pubic Now Cumberland Boro. Cumberland Co. My Commission Expires Dec. 5, 2008 11 N. s M Ln BILLINGS MT 54101 M1 Postage $ O a" 0 CertAled Fee Retum Recelpt Fee M1 #Bnft ement Required) G C3 cted Delivery Fee R t C3 = ([+MOrsement Fiequ red) O Total Poetw & Fees $ ru Il,r lea (Plea se p nt M ? n a a.. a" .. t Ap . Nv' or ox No SQ f C3 r 4 .. . .'r lIt ¦ Owpoete Meals 1, 2, end 3. Also complete IASm 4 N Restricted Delhtery Is desired. ¦ F11nt ym r name and address on the reverse so OW we can letum the card to you. ¦ /Wash this card to the hack of the mailplim or on the front It space permits. Maas Addressed to: ?1?bY?Ci G . av?0?s 10 Val ??v?vswle ?ru ??I??,>,S IT rj910\ L Made Number (IRanafer star eertam usel Pe Fona 3811, Feb vwy am E D 25 ) X In dMvary ad RYES,env f<'•? 0 No 3. 89raae hype eL.l 0srtlMd AMA qo6press Mdl O Hamered pion tiecelpt for AMrdl?Ira 0 Inured AMA 17 C.O.D. a. R9Rblctad DeIMt Ji MftFes) Yw 000-1 0(1101 1534 n o f l17 Maryann L. Care vs Case No. 06-2972 Donald G. Parsons Statement of Intention to Proceed To the Court: Plaintiff, Maryann L. Carey, intends to proceed ' the ove captioned matter. Print Name Elizabeth B. Stone Sign Name Date: 10/26/09 Attorreyfor Plaint' f Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of C' rocedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 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 f ihzre 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. }" WrM o' THE MOMNOTAW OCT 27 PM 1: C2 ? {+fi.x}?^?{',?_.,,. ?.,:. CUMBE-11 I f'Y r W PEI`dNXVANlA David Q Bueff Prothonotary KirkS. Sohonage, ESQ, Solicitor ?754 Renee X. Simpson 1" Deputy Prothonotag Irene E. Morrow 2nd Deputy Prothonotary Office of the Prothonotary Cum6erland County, Pennsy(vania 010 ° &Z? CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 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 • Suite 100 * Carlisle, PA 17013 9 (717 240-6195 • TaX (717 240-6573