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HomeMy WebLinkAbout06-5379DARCIE A. NEIL, Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006-S37? MICHAEL R. NEIL, Defendant. IN DIVORCE NOTICE CIVIL TERM 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 in 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, Cumberland County Courthouse, 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 HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland 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. DARCIE A. NEIL, Plaintiff, V. MICHAEL R. NEIL, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 - 5.31 1 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND JM OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Darcie A. Neil, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Michael R. Neil, representing as follows: 1. The Plaintiff is Darcie A. Neil, an adult individual residing at 1070 Ashton Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Michael R. Neil, an adult individual currently residing at 1260 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania 17240. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on June 9, 1990 in Huntingdon County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Dated: September 14, 2006 By: Respectfully submitted, IRWIN & McKNIGHT Marcus I.D. No. 2547 West Pomfret Professional Bu 60 West Pomfret Street Carlisle, Pennsylvania 17013- 1217)249-2353 ?? VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. . NEIL Date: September 14, 2006 DARCIE A. NEIL, Plaintiff, V. MICHAEL R. NEIL, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006- CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 14, 2006 A. NEIL 44 o d ..? `?' DARCIE A. NEIL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2006 - 5379 CIVIL TERM MICHAEL R. NEIL, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, MICHAEL R. NEIL, the defendant in the above-captioned divorce action, hereby verify that I have accepted service on or about September 20, 2006, of the Complaint in Divorce under Sections 3301(c) and 3001(d) of the Divorce Code filed on September 14, 2006 MICHAEL R. NEIL lb' - d Date: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: `fi'r J On this, the day of t ? 2006, before me, the undersigned officer, personally appeared MICHAEL R. NEIL, known to me to be the person whose name is subscribed to the above instrument and acknowledge that he executed same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA NOWW Seel came am cwbwwd W Cmvt% m EvItse Sept 1S 2007 Member, Pennsylvania Association Of Notaries ?`" y <?: C_ ;_. Y'.?.% ?~ ? Cl ?l v? ?..t ?`?.. ?.? C _ ? r ? . ?' ?,., l y / +^ \ ?!f ^? ??i 4 _- Ct? .. ?"ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?0.rG-e Ann.. Ne f Plaintiff Vs rYl i cha e,l Ray e.r I Defendant File No. 0700 LP- 55j 7 9 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] X prior to the entry of a Final Decree in Divorce, .. or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of Do-rr- (-nn OE , and gives this 'sions of 54 P.S. 704. written notice avowing his / her intention pursuan ;iinature Date: name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF C.s-m "a„ JJ On the j?'Aday of _Zlad,?x _ , 200_Z before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL --- Prothonotary or Notary Public PROTHONOTARY NOTARY MW CARLXLE CUNIBERIm COUNTY COURTHOUSE MY COMNSMON EMREB JANUARY 4, 2010 C) . 7 4 c : am VA t_3 W T? C- a. Q .G Kl YT U:. ?s 1 } J 1A,-2008 03:41PM FROM-IRWIN & NcKNIGHT LAW OFFICES +7172466354 DARCIE A. NEIL, Plaintiff V. MICHAEL R. NEIL, Defendant T-130 P-002/004 F-365 IN THE COURT OF CO ON PLEAS OF CUMBERLAND COUNTY, ?ENNII CIVIL ACTION - L?-W 2046 - 5379 CIVIL TERM IN DIVORCE The defendant, being duly sworn according to law, deposes and says. 1. I have been advised of the availability of marriage counseling and request that the court require that my spouse and I participate in counseling. VANIA that I may 2. 1 understand that the court maintains a list of marriage counselors i the ProthonotarYs Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to ursworn falsification to authorities, Date: /- I ? - Q MICHAEL R. NEXT. Defendant c?-? ??`: ? r`? C =- ?? , t,..•'.: "? -fit ?";.°. -i ,?.- z.--. S`.'? .? ?: ; ?- ?,;:, -j "? -»?.., JJI -18-200a 03:41PM FROM-IRWIN 6 McKNIGHT LAW OFFICES +7172496354 T-130 P.004/004 F-365 DARCIE A. NEIL, Plaintiff V. MICHAEL It NEIL, Defendant IN THE COURT OF PLEAS OF CUMBERLAND COUNTY, ?EIQIISYLVANIA CIVIL ACTION - L*W 2006 - 5379 CIVIL TERM INDIVORCE R...EFENDANT'S AE_ AVIT OF C?F INT 1. A complaint in divorce under Section 3301(c) of the Divorce Code *as filed on September 14, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and n? days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C_ S. Section 4904 Mating to unworn falsification to authorities. Date: ?- MICE AEL R. NEIL Defendant _._? ?. €?? ?. ,? _ :??, _ c., ? ?, .'?.. ?, '. _ ?:: 1A 18-2008 03:41 PM FROHR11114 L McKNIGHT LAW OFFICES +7172496354 D_4RCIE A. NEIL, Plaintiff V. MICHAEL R. NEIL, Defendant IN THE COURT OF COM T-130 P-003/004 F-365 PLEAS OF CUMBERLAND COUNTY, ?IENNSYLVANIA CW1L. ACTION - LAW 2006 - 5379 CIVEL, TERM IN DIVORCE ENTRY OF A DIVORCE DECREE UMMU CCTI N 30 a OF DIVORCE THE CODE 1. I consent to the entry of a final Decree of 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 ent by the Court and that a copy of the decree will be sent to me immediately after it is filed with t1 Prothonotwy. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: P? 05juvz "10? WCHAEL R. NEIL. Defendant ( ?? i.p _ , ? .,.. ?? t ?^ ';? ,,..? ? ? .? x?. t ?. .. N i ?..; ; ,. , 6 ??... . y ? 4... r+-? ?dc` < 1? IY _'T-.' ?' '..s'? .. 7 -w e . ?: .. ;^ ,. w V•t DARCIE A. NEIL, : IN THE COURT OF COMMON PLEAS OF Plaintiff . : CUMBERLAND COUNTY, PENNSYLVANIA . ` V. . CIVIL ACTION - LAW . 2006 - 5379 CIVIL TERM MICHAEL R. NEIL , Defendant . IN DIVORCE _3 ` STATEMENT OF INTENTION TO PROCEED TO THE COURT: Darcie A. Neil, Plaintiff, intends to proceed with the above-captioned matter. Respectfully Submitted: IRWIN & McKNIGHT, P.C. Marcus A. McKni t , Esq. Supreme Court I 476 60 West Pomfret Street Carlisle, PA 17013 Date: October 21, 2011 Darcie A. Neil vs Michael R. Neil To the Court: The Plaintiff Case No. 2006-5379 Statement of Intention to Proceed intends to proceed with the a Print Name Marcus A. McKnight, III Sign Name (-) rri zPIPI r— cnD A ve captionecEier. —a Date: October 21.2014 Attorney for plaintiff 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. I. 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 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 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 showing 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.